Lawyers acting for David Miranda, the partner of journalist Glenn Greenwald, said they will bring his case to the High Court in London on Thursday after he was detained at Heathrow Airport.
Greenwald, who works for
The Guardian newspaper, has been at the forefront of high-profile
reports exposing secrets in U.S. intelligence programs, based on leaks
from former U.S. National Security Agency contractor Edward Snowden.
Miranda, a Brazilian citizen, spent nearly nine hours in detention Sunday
being questioned under a provision of Britain's terrorism laws. He was
stopped as he passed through London on his way from Berlin to his home
in Brazil.
Authorities confiscated
Miranda's electronic equipment, including his mobile phone, laptop,
memory sticks, smart watch, DVDs and games consoles, lawyer Gwendolen
Morgan wrote in the court filing Wednesday.
The lawyers, hired by The
Guardian to represent Miranda, are trying to recover his property and
prevent the government from inspecting the items or sharing what data
they may have already gleaned from them.
"What they're essentially
seeking right now is a declaration from the British court that what the
British authorities did is illegal, because the only thing they're
allowed to detain and question people over is investigations relating to
terrorism, and they had nothing to do with terrorism, they went well
beyond the scope of the law," Greenwald told CNN's AC360 on Tuesday.
"And, secondly, to order
them to return all the items they stole from David and to order that
they are barred from using them in any way or sharing them with anybody
else."
Pressure on The Guardian?
Meanwhile, new claims
have emerged that the pressure placed on The Guardian over its reporting
on information leaked by Snowden came from the highest levels of
government.
The British newspaper
The Independent reported Wednesday that Prime Minister David Cameron
ordered the country's top civil servant, Sir Jeremy Heywood, "to contact
the Guardian to spell out the serious consequences that could follow if
it failed to hand over classified material received from Edward
Snowden."
Asked about the report by CNN, Cameron's office did not deny it.
"We won't go in to
specific cases, but if highly sensitive information was being held
insecurely, the government would have a responsibility to secure it," a
Downing Street press officer said. She declined to be named in line with
policy.
The Guardian's editor, Alan Rusbridger, said in an editorial published Monday
that the paper had physically destroyed computer hard drives under the
eyes of representatives of Britain's General Communications Headquarters
-- the UK equivalent of the NSA.
The move followed
several meetings with "a very senior government official claiming to
represent the views of the prime minister" and "shadowy Whitehall
figures," Rusbridger said. They demanded The Guardian hand over the
Snowden material or destroy it, he said.
Deputy Prime Minister
Nick Clegg, the head of Cameron's Liberal Democrat coalition partners,
considered the request "reasonable," his office said.
"The Deputy Prime
Minister felt this was a preferable approach to taking legal action,"
according to a statement issued Wednesday evening. "He was keen to
protect the Guardian's freedom to publish, whilst taking the necessary
steps to safeguard security."
Greenwald broke the
story of the existence of a U.S. National Security Agency program that
is thought to have collected large amounts of phone and Internet data.
The Guardian also claimed, based on documents provided by Snowden, that
GCHQ made use of the NSA program, known as PRISM, to illegally spy on UK
citizens.
A UK parliamentary
committee subsequently found "no basis" for this claim. The UK
government says GCHQ acts within a strong legal framework.
'Journalistic material'
Miranda was stopped as
he returned to the couple's Rio de Janeiro home after staying in Berlin
with filmmaker Laura Poitras, who has been working with Greenwald on
NSA-related stories.
Miranda will seek a
judicial review on the grounds that the legislation under which he was
detained was misused, his solicitor Morgan said Tuesday.
Morgan wrote to Home
Secretary Theresa May and the Metropolitan Police chief asking for
assurances that "there will be no inspection, copying, disclosure,
transfer, distribution or interference, in any way, with our client's
data pending determination of our client's claim."
The law firm has also
demanded the same from any third party, either domestic or foreign, that
may have been given access to the material.
The letter, seen by CNN, claims that Schedule 7 of Terrorism Act 2000
was used to detain Miranda "in order to obtain access to journalistic
material" and that this "is of exceptional and grave concern."
Miranda has said he does not know what data he was carrying back with him.
'Huge black eye' for British government
Britain's Home Office on
Tuesday defended Miranda's questioning, saying the government and
police "have a duty to protect the public and our national security."
"If the police believe
that an individual is in possession of highly sensitive stolen
information that would help terrorism, then they should act and the law
provides them with a framework to do that," it said. "Those who oppose
this sort of action need to think about what they are condoning."
In a statement that
didn't name Miranda but referred to his detention, the Metropolitan
Police called what happened "legally and procedurally sound" and said it
came after "a detailed decision-making process."
The statement describes
the law under which Miranda was detained as "a key part of our national
security capability which is used regularly and carefully by the
Metropolitan Police Service to help keep the public safe."
But that's not how Miranda and Greenwald view the law, or at least how it was applied in this case.
Sitting alongside his
partner, Greenwald said the detention gave the British government "a
huge black eye in the world, (made) them look thuggish and authoritarian
(for) interfering in the journalism process (and created) international
incidents with the government of Brazil, which is indignant about
this."
Greenwald added, "To
start detaining people who they think they are reporting on what they're
doing under terrorism laws, that is as dangerous and oppressive as it
gets."
Miranda, who didn't have
an interpreter on hand during his detention despite English being a
second language for him, said: "They didn't ask me anything about
terrorism, not one question."
He added, "They were just telling me: 'If you don't answer this, you are going to jail.'"
Greenwald said the
entire episode was designed to intimidate him and other investigative
journalists from using classified information and digging into stories
critical of the British and allied governments. But, he said, it will
have the reverse effect on him, making him more determined to carry on.
The seizure of material from Miranda will not stop the newspaper reporting on the story, he added.
"Of course, we have
multiple copies of every single thing that we're working on," Greenwald
said. "Nobody would ever travel with only one copy of anything."
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