Arrested for filming a public council meeting

Have Carmarthenshire Council and Dyfed Powys Police acted illiberally?

The blogger and campaigner Jacqui Thompson was last week arrested, handcuffed, marched to a police car, and then detained at a police station for two hours. All she had done was to film a public meeting of Carmarthenshire Council on her camera-phone.

One would expect that transparency of public council meetings would now be the norm, not a police matter. Indeed, in a letter dated 23 February 2011, the coalition government set out guidance for English councils on filming. Included in the guidance is the following statement:

There are recent stories about people being ejected from council meetings for blogging, tweeting or filming. This potentially is at odds with the fundamentals of democracy and I want to encourage all councils to take a welcoming approach to those who want to bring local news stories to a wider audience. The public should rightly expect that elected representatives who have put themselves up for public office be prepared for their decisions to be as transparent as possible and welcome a direct line of communication to their electorate. I do hope that you and your colleagues will do your utmost to maximise the transparency and openness of your council.

While it seems this guidance does not extend to Wales -- local government is a "devolved" matter -- it is clearly an articulation of good practice in a democracy. Indeed, one would hope that councils would not need such guidance.

But it appears Carmarthenshire Council is different. The following statements set out a narrative what happened that day when Jacqui Thompson was arrested and detained.

We can start with the council's general press statement about the incident:

Ms Thompson refused repeated requests to stop filming proceedings in the Chamber which is not allowed. She then refused repeated requests to leave the public gallery. The Chair was left with no other option other than to call the police to remove her from the gallery so that County Council business could proceed.

Jacqui Thompson:

Clearly my presence was noted when I entered the Public Gallery and when the row commenced over the Day Club, I started filming with my phone, (not terribly well I know but better than nothing) I was asked to leave by the Chairman and [Chief Executive] Mark James, I said that I was not doing anything wrong, it is not against the law nor even in their standing orders (rules for meetings), neither was I disturbing the meeting in any shape or form.

Alexander Smith of the Carmarthen Journal:

Councillor Pam Palmer halted the meeting part-way through when she spotted a member of the public had a camera-phone.

Recognising the blogger, who has been in trouble for filming meetings before, chief executive Mark James said: "Mrs Thompson, you have been asked time and time again not to film."

Mrs Thompson said she was doing nothing wrong, to which Mr James replied: "I hope you've got a good picture for your website.

"Clearly Mrs Thompson doesn't want to put the camera down.

"Can we ask for the police to come and remove her from the chamber?"

Chairman Ivor Jackson said: "I am going to suspend the meeting to remove that lady from the chamber."

The meeting then broke up with the councillors loudly complaining and talking among themselves.

The footage of the council meeting in the minutes up to the adjournment is now on YouTube.

And so back to Jacqui Thompson:

As I didn't leave, Mr James and the Chair called the police and then adjourned the meeting. . . it only took ten minutes today for two police cars and four police officers to appear in the Gallery.

I asked the council on what legal basis they thought filming of public meetings was not allowed:

The law requires the Council to allow public access to its meetings, but it does not require Council to allow the public to film them. There is no Welsh Government Assembly guidance requiring this and in fact they also do not allow individual members of the public to record their proceedings. Neither does Parliament. As owner of the building the Council is entitled to regulate what happens on their premises.

I also asked the council on what legal basis she was asked to leave the public gallery:

The Council's standing orders provide that if a meetings is being disrupted by a person in the public gallery, the Chair should ask for that person to be removed. If he or she refuses to leave when requested, the Chair can adjourn the meeting to enable this to happen and for order to be restored.

The police were called. They later issued this formal police statement:

At approximately 10:20 on the 8th of June 2011 officers were asked to attend at County Hall, Carmarthen to deal with an incident involving a woman in the public gallery. On arrival, officers spoke to a 49 year old woman but she refused to co-operate and she was then arrested to prevent a further breach of the peace. She was later released with no further action.

Note to editor

Police responded to the call as filming in the public gallery is prohibited under council regulations (as reported by the Council.)

However, the council Standing Orders (not regulations) do not prohibit filming. Instead rule 22.1 provides:

Removal of member of the public

If a member of the public interrupts proceedings, the Chair will warn the person concerned. If they continue to interrupt, the Chair will order their removal from the meeting room.

Interruptions may lead to the removal of a member of the public, but not photography or filming -- and there is no evidence that Jacqui Thompson was being disruptive. The "Note to Editor" rather suggests that either the council or the police (or both) misdirected themselves as to the meaning and legal force of the Standing Orders.

I asked the council whether the chair asked the police to arrest Ms Thompson or whether it was left as a matter for the police:

The person in the gallery had been asked to stop filming and to leave the gallery on a previous occasion. When an officer asked her to do this she accused that officer of assaulting her. That has been investigated by the Police and the officer completely exonerated. Because of this background there was no alternative but to ask the Police to deal with the person concerned. The way in which the police officers dealt with the matter was entirely a matter for them.

Jacqui Thompson:

I tried to argue my point but was then arrested in the Public Gallery for 'breaching the peace'.

From the Blackstone's Police Operational Handbook 2011:

Meaning of breach of the peace

A breach of the peace may occur where harm is done or is likely to be done to a person, or to their property in their presence, or they are in fear of being harmed through assault, affray, riot, or other disturbance (R v Howell [1982] QB 416, QBD).

I asked the council if it supported the decision to have Jacqui Thompson arrested:

The Council have had no influence over whether Mrs Thompson was arrested or not and no view on the fact that she was arrested. Their only reason for calling the Police was to restore order in the Council chamber to enable the democratic process to proceed.

I asked the police in what possible way was filming a public council meeting a breach of the peace? Dyfed Powys Police are hoping to provide an answer on this later this week (I asked on Friday). However, one would have thought they would have known the answer to this before they went and arrested someone.

I also asked the Dyfed Powys Police to confirm that filming a public council meeting was not actually an arrestable offence. Again, Dyfed Powys Police are hoping to provide an answer to this later this week. And again, one would have expected Dyfed Powys Police to be able to answer this one straightaway. Any police force should know its powers of arrest.

Jacqui Thompson:

I was taken outside the door, handcuffed, searched, my phone taken and marched out to the waiting police cars.

Alexander Smith of the Carmarthen Journal has blogged what happened next:

We can't have been on the steps longer than five minutes when four police officers led Mrs Thompson, in cuffs, round the side of the building, perhaps wanting to avoid the attention of the front steps?

They didn't see me coming, but I only managed to take one photo before the blonde officer [pictured, right] grabbed my arm and tried to take the camera. I wriggled free and explained I was from the Journal.

After showing my press pass I asked them what the arrest was for. One of the male officers replied: "That's none of your business."

Jacqui Thompson:

I was then taken 30 miles to Llanelli police station where I remained handcuffed for another hour before being 'processed', and put in a cell for another two hours.

Jacqui Thompson had been ejected from the public council meeting. But why was she then taken to a police station and detained? And why was she then kept several hours at the police station?

Dyfed Powys Police were not able to answer my questions, but they hope to get back to me later this week.

According to Jacqui Thompson:

By this time I was very disorientated, worried about my young daughter who needed picking up from school, I was cold (the police had taken my jacket and shoes and socks) and distressed. Without a solicitor present, I was then threatened by three police officers who said that if I didn't sign an 'undertaking' not to film/record any more meetings I would be kept in overnight, I am not sure now whether they could even keep me that long. I was then, eventually, released.

So I asked the police why was she threatened with court if she did not sign an "undertaking": And what possible offence was the police threatening with charging her? Do the police realise that this is a free expression issue? Will the police now apologise to Ms Thompson?

Dyfed Powys Police do not currently have any answers to these questions, but they do hope to be able tell me later this week.

It appears to me that Ms Thompson was not in breach of any council Standing Order or committing (or threatening to commit) any breach of the peace. Accordingly, there seems to be no good basis whatsoever for her arrest. There is also no good reason why she was taken to a police station and required, on pain of further detention, to sign an undertaking.

In my view, Carmarthenshire Council and Dyfed Powys Police have simply acted in an altogether hapless, illiberal, and alarming manner. A person, surely, should not be arrested and detained just for filming a public council meeting, and a council should not be able to prevent someone from doing so in this manner. In my opinion, all the councillors, officials, and police officers involved in this sad sequence of events really should be ashamed of themselves.

 

David Allen Green is legal correspondent of the New Statesman

David Allen Green is legal correspondent of the New Statesman and author of the Jack of Kent blog.

His legal journalism has included popularising the Simon Singh libel case and discrediting the Julian Assange myths about his extradition case.  His uncovering of the Nightjack email hack by the Times was described as "masterly analysis" by Lord Justice Leveson.

David is also a solicitor and was successful in the "Twitterjoketrial" appeal at the High Court.

(Nothing on this blog constitutes legal advice.)

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The struggles of Huma Abedin

On the behind-the-scenes story of Hillary Clinton’s closest aide.

In a dreary campaign, it was a moment that shone: Hillary Clinton, on the road to the caucus in Iowa, stopping at a Mexican fast-food restaurant to eat and somehow passing unrecognised. Americans of all political persuasions gleefully speculated over what her order – a chicken burrito bowl with guacamole – revealed about her frame of mind, while supporters gloated that the grainy security-camera footage seemed to show Clinton with her wallet out, paying for her own lunch. Here was not the former first lady, senator and secretary of state, known to people all over the world. This was someone’s unassuming grandmother, getting some food with her colleagues.

It might be unheard of for Clinton to go unrecognised but, for the woman next to her at the till, blending into the background is part of the job. Huma Abedin, often referred to as Clinton’s “shadow” by the US media, is now the vice-chair of her presidential campaign. She was Clinton’s deputy chief of staff at the state department and has been a personal aide since the late 1990s.

Abedin first met Clinton in 1996 when she was 19 and an intern at the White House, assigned to the first lady’s office. She was born in Michigan in 1976 to an Indian father and a Pakistani mother. When Abedin was two, they moved from the US to Saudi Arabia. She returned when she was 18 to study at George Washington University in Washington, DC. Her father was an Islamic scholar who specialised in interfaith reconciliation – he died when she was 17 – and her mother is a professor of sociology.

While the role of “political body woman” may once have been a kind of modern maid, there to provide a close physical presence and to juggle the luggage and logistics, this is no longer the case. During almost 20 years at Clinton’s side, Abedin has advised her boss on everything from how to set up a fax machine – “Just pick up the phone and hang it up. And leave it hung up” – to policy on the Middle East. When thousands of Clinton’s emails were made public (because she had used a private, rather than a government, server for official communication), we glimpsed just how close they are. In an email from 2009, Clinton tells her aide: “Just knock on the door to the bedroom if it’s closed.”

Abedin shares something else with Clinton, outside of their professional ties. They are both political wives who have weathered their husbands’ scandals. In what felt like a Lewinsky affair for the digital age, in 2011, Abedin’s congressman husband, Anthony Weiner, resigned from office after it emerged that he had shared pictures of his genitals with strangers on social media. A second similar scandal then destroyed his attempt to be elected mayor of New York in 2013. In an ironic twist, it was Bill Clinton who officiated at Abedin’s and Weiner’s wedding in 2010. At the time, Hillary is reported to have said: “I have one daughter. But if I had a second daughter, it would [be] Huma.” Like her boss, Abedin stood by her husband and now Weiner is a house husband, caring for their four-year-old son, Jordan, while his wife is on the road.

Ellie Foreman-Peck

A documentary filmed during Weiner’s abortive mayoral campaign has just been released in the US. Weiner shows Abedin at her husband’s side, curtailing his more chaotic tendencies, always flawless with her red lipstick in place. Speaking to the New York Observer in 2007, three years before their marriage, Weiner said of his future wife: “This notion that Senator Clinton is a cool customer – I mean, I don’t dispute it, but the coolest customer in that whole operation is Huma . . . In fact, I think there’s some dispute as to whether Huma’s actually human.” In the film, watching her preternatural calm under extraordinary pressure, you can see what he means.

In recent months, Abedin’s role has changed. She is still to be found at Clinton’s side – as the burrito photo showed – but she is gradually taking a more visible role in the organisation overall, as they pivot away from the primaries to focus on the national race. She meets with potential donors and endorsers on Clinton’s behalf and sets strategy. When a running mate is chosen, you can be sure that Abedin will have had her say on who it is. There’s a grim symmetry to the way politics looks in the US now: on one side, the Republican candidate Donald Trump is calling for a ban on Muslims entering the country; on the other, the presumptive Democratic nominee Hillary Clinton relies ever more on her long-time Muslim-American staffer.

Years before Trump, notable Republicans were trying to make unpleasant capital out of Abedin’s background. In 2012, Tea Party supporters alleged that she was linked to the Muslim Brotherhood and its attempt to gain access “to top Obama officials”. In her rare interviews, Abedin has spoken of how hurtful these baseless statements were to her family – her mother still lives in Saudi Arabia. Later, the senator and former Republican presidential candidate John McCain spoke up for her, saying that Abedin represented “what is best about America”.

Whether senior figures in his party would do the same now remains to be seen.

Caroline Crampton is web editor of the New Statesman.

This article first appeared in the 26 May 2016 issue of the New Statesman, The Brexit odd squad