Should David Miranda, the spouse of The Guardian‘s Glenn Greenwald, have been detained in London last week?
CNN Chief Legal Analyst Jeffrey Toobin adamantly says yes.
“I don’t want to be unkind, but he was a mule,” Toobin told Anderson Cooper on CNN’s “AC360″ last night. “He was given something he didn’t know what it was from one person to pass to someone at the other end of an airport. Our prisons are full of drug mules. Glenn’s view is as long as one of the two people on either end of that transaction was a journalist he can take anything he wants. …the nuclear launch codes, names of undercover agents.”
The money quote came at the end.
Toobin said in this case it wasn’t the names of our undercover agents, but presumably classified NSA material. “I’m sure it was inconvenient to be stopped at the airport for nine hours,” he said. “He wasn’t sent to a goulag… I think Mr. Miranda did pretty well considering what he was carrying.”
He believes neither journalists nor their spouses are immune from the law. “The word journalism is not magical immunity sauce that you can put on anything and eliminate any sort of liability,” he said.