Guardian Journalist's Partner Detained Over NSA Issue

[Shady]

This is why the courts should review legislation BEFORE it becomes law, to make sure that its properly written, clear, and constitutional... Instead of allowing unconstitutional laws to be on the books and forcing some citizen that falls victim to it, to bring a case post-hoc at their own cost.

I agree with this and it is an excellent point. Legislation should always be reviewed by courts before it ever gets voted on to become law. This is one of the best ideas I have ever heard proposed in this forum, or elsewhere.

[Bryan]

This is why the courts should review legislation BEFORE it becomes law, to make sure that its properly written, clear, and constitutional... Instead of allowing unconstitutional laws to be on the books and forcing some citizen that falls victim to it, to bring a case post-hoc at their own cost.

Absolutely. That's what the Conservatives are doing right now with senate reform. The SCC has their proposals, and will rule on what they can or cannot proceed with. It is smart in that it should pre-empt later constitutional challenges, but the downside is the SCC takes it's dear sweet time. They've had the proposal for quite some time already, and have said it could be as much as another year before they make a ruling.

[bleeding heart]

It's not unconstitutional until it's constitutionally challenged and found to be so. That doesn't mean somebody is allowed to transport classified materials. He deserved to be detained.

Only to Commissars.

Again:

The stated purpose of this law, as the name suggests, is to question people about terrorism. The detention power, claims the UK government, is used "to determine whether that person is or has been involved in the commission, preparation or instigation of acts of terrorism."

And that's it. Period. The person who is detained must himself be suspected of being "involved in the commission, preparation or instigation of acts of terrorism."

It appears to have been an effort to intimidate the news media generally, especially the Guardian, and the detainee's partner, Glenn Greenwald, specifically.

[Argus]

It appears to have been an effort to intimidate the news media generally, especially the Guardian, and the detainee's partner, Glenn Greenwald, specifically.

Unless he was carrying classifed material, then it would be a perfectly natural use of police powers.

[bleeding heart]

Unless he was carrying classifed material, then it would be a perfectly natural use of police powers.

Police powers are discretely determined by specific laws and regulations depending on specific purposes.

The law that he was detained under was not designed for the way it was used...it is to be used only when, as I said, the person detained must himself be suspected of being "involved in the commission, preparation or instigation of acts of terrorism."

That wasn't why he was detained; indeed, they didn't question him about terrorism at all.

As for "classified materials"...they ordered the germane Guardian hardrives destroyed...even knowing that copies had been made. A (completely related) instance of the same intimidation tactics....in fact, also involving Greenwald himself.

[kimmy]

If the objective, as they claim, had been to confiscate dangerous materials for the sake of public safety, that could have been accomplished in a matter of moments.

If they had a legal basis to lay charges against Miranda, that also could have been accomplished in a matter of moments.

Why, again, did they detain him for 9 hours? The law, as we recall, allows them to detain someone for up to 9 hours, and they held Miranda up to literally the last minute they were allowed to, before setting him loose. Miranda says that they spent that time attempting to intimidate and coerce him into turning against Greenwald.

-k

[GostHacked]

If the objective, as they claim, had been to confiscate dangerous materials for the sake of public safety, that could have been accomplished in a matter of moments.

If they had a legal basis to lay charges against Miranda, that also could have been accomplished in a matter of moments.

Why, again, did they detain him for 9 hours? The law, as we recall, allows them to detain someone for up to 9 hours, and they held Miranda up to literally the last minute they were allowed to, before setting him loose. Miranda says that they spent that time attempting to intimidate and coerce him into turning against Greenwald.

-k

NDAA allows this kind of detainment to happen. Even more so if they are not US citizens.

[Argus]

If the objective, as they claim, had been to confiscate dangerous materials for the sake of public safety, that could have been accomplished in a matter of moments.

And yout hink that's it? "Oh, I see here you have highly classified documents. I'm afraid I"ll have to confiscate these, but you're free to go now."

Life does not work that way and never has.

Moral of the story: If you don't want to have your lover questioned at border crossings don't use him to carry classified documents for you.