The Case of Gary McKinnon

[Peter Presland]

Most here are probably unaware of this case. It's been dragging on for years now. An extraordinary example of the blind vindictiveness of the US so called 'Justice System' when it comes to matters of alleged 'National Security'. If anything Gary McKinnon should be awarded a medal by the US for exposing the then ludicrous lack of anything approaching security measure against unauthorised access to what they allege are some of the countries most sensitive and secret systems. He even left a message suggesting they should think about it. Their response?

Well read about here. It's from David Shayler's ex - Annie Machon - and is as good a summary as your likely to see.

Also support for Gary wouldn't go amiss

I've been following the extraordinary case of Gary McKinnon for years now in a long range kind of way, but we are now in the final throes of his prolonged fight against extradition to the USA, and he needs all the support we can give him. The Daily Mail recently started a campaign against his extradition: it's not often I agree with the Wail, but I'm wholeheartedly in favour of this initiative. For those of you who have been living in a bunker for the last 7 years, Gary McKinnon is the self-confessed geek who went looking for evidence of UFOs and ETs on some of America's most secret computer systems at the Pentagon and NASA.
And, when I say secret, obviously I don't mean in the sense of encrypted or protected. The Yanks obviously didn't feel that their national defence warrants even cursory protection, as Gary didn't have to hack his way in past multiple layers of protection. Apparently the systems didn't even have passwords.
Gary, who suffers from Asperger's Syndrome, is no super hacker. Using a basic PC and a dial-up connection in his bedroom, he managed to sneak a peek at the Pentagon computers, before kindly leaving a message that the US military might like to have a think about a little bit of basic internet security. Hardly the work of a malignant, international cyber-terrorist.
UK police investigated Gary soon after this episode, way back in 2002. All he faced, under the UK's 1990 Computer Misuse Act, would have been a bit of community service if he'd been convicted. Even that was moot, as the Crown Prosecution Service decided not to prosecute.
And that, as they say, should have been that.
However, in 2003 the UK government passed yet another draconian piece of law in response to the "war on terror" - the Extradition Act. Under this invidious, one-sided law, the US authorities can demand the extradition to America of any British citizen, without presenting any evidence of the crime for which they are wanted. Needless to say, this arrangement only works one way: if the Brits want to extradite a suspect from the US they still have to present prima facie evidence of a crime to an American court. The Act also enshrines the questionable European arrest warrant system in British law.
So how on earth did the half-wits in Parliament come to pass such an awful law? Were they too busy totting up their expense fiddles to notice that they were signing away British sovereignty? This law means that it is easier for a US court to get a Brit in the dock than it is for them to get a US citizen from another state. In the latter case, evidence is still also required.
Let's get this straight. The UK authorities decided not to prosecute in this country. Even if they had, Gary would probably have been sentenced to community service. However, if he is extradited, he will get up to 70 years in a maximum security prison in the US.
So a year after Gary's bedroom hack, and after the CPS had decided there was no case to answer, the US authorities demanded Gary's extradition retroactively. The UK government, rather than protecting a British citizen, basically said "Yes, have him!". Gary has been fighting the case ever since.
He has not been alone. Many people from across the political spectrum see this unilateral law as invidious. And the government reckoned without his mum. Janis Sharp has fought valiantly and indefatigably to protect her son from this unjust extradition. She has lobbied MPs, talked to newspapers, gained the support of many public and celebrity figures. She even recently met the PM's wife, Sarah Brown, who was reportedly in tears for Gary. Yet still the majority of the parliamentary half-wits refuse to do anything.
In fact, it gets worse. Over the last few years many MPs have signed Early Day Motions supporting Gary's fight against extradition. But in a recent debate in the House of Commons about the need to revise the provisions of the Extradition Act, 74 of these MPs betrayed him and voted for the government to keep the Act in place. Only 10 Labour MPs stuck to their guns and defied the party Whip. One Labour MP, Andrew MacKinley, will stand down at the next election in protest at this hypocrisy.
This week is crunch time: on Friday a final judicial ruling will be made about the case. It was the last throw of the legal dice for Gary. If this fails, he will have to rely on political intervention, which is possible, to prevent his harmful, unjust and unnecessary extradition to the USA. Please visit the Free Gary website and do all you can in support.

[Magda Hassan]

I was just thinking about this about a week ago. It is sheer bloody mindedness what they are doing to this man. I hope they see sense and drop it as they should have never started this. He is obviously no 'terrorist'.

[Magda Hassan]

He has lost his appeal. He can make a personal plea to the PM. I wonder if they will roll over and have their tummy scratched for their US masters as is usual, or if they will support their citizen?

I might never see him again: Mother of Gary McKinnon pleads for mercy from Obama after hacker loses extradition fight

By Daily Mail Reporter
Last updated at 4:59 PM on 31st July 2009
The mother of computer hacker Gary McKinnon made an impassioned appeal to US president Barack Obama today after her son failed in his latest High Court bid to avoid extradition to America.

The 43-year-old, who suffers from Asperger's Syndrome (AS), is wanted for trial on charges of hacking into US military networks.

His mother, Janis Sharp, has expressed fears that he could face a 60-year sentence in a tough US jail and would be at real risk of suicide because of his medical condition. She also fears she would never see him again.

But today Lord Justice Stanley Burnton and Mr Justice Wilkie, sitting in London, dismissed his claim for judicial review.
The Daily Mail has led a high-profile campaign to prevent Mr McKinnon's extradition which has received widespread backing from politicians, celebrities and civil liberties campaigners.



Janis Sharp, with Sting's wife Trudie Styler (left), outside the High Court. She has vowed to take her son's case to the European Court


Mr McKinnon, from Wood Green, North London, asked the court to overturn decisions of successive Home Secretaries allowing his extradition to go ahead.
He also challenged a refusal by Keir Starmer QC, the Director of Public Prosecutions (DPP), to put him on trial in the UK on charges of computer misuse. UK trial would allow him to avoid extradition.
Lord Justice Burnton said: 'For the reasons set out in the judgment the claims against the secretary of state and DPP are dismissed.'

• Join the campaign to prevent Gary McKinnon's extradition to the U.S.
  

In a 41-page ruling, the judges said extradition was 'a lawful and proportionate response to his offending'.
Whether or not Mr McKinnon can appeal further will be decided at a later date.
Lord Justice Burnton said it was a matter that should be dealt with 'as expeditiously as possible', probably in September.
Mr McKinnon was not in court today to hear the judgment.

Gary McKinnon, 43, today lost his appeal against extradition to the U.S.

Ms Sharp, said outside court: 'We are heartbroken. If the law says it's fair to destroy someone's life in this way then it's a bad law.'
She added: 'Our hope still lies with the Government. What more evidence do Gordon Brown and Alan Johnson need to understand what extraditing Gary would do to him, let alone us?
'Gary would not survive and I would never see my son again. All to oblige the Americans?
'If Gary's was such a dreadful crime, he should have been prosecuted and sentenced here years ago.
'Instead he's been left tortured by fear for seven years. Compassion can and must now prevail.'
She made an impassioned appeal to Barack Obama to halt attempts to extradite her son.
His lawyers today sent a letter to the U.S. President signed by 40 British MPs asking him to step in and 'bring this shameful episode to an end'.
She said: 'Stand by us and make this world a better place, a more compassionate place.


'Obama wouldn't have this. He doesn't want the first guy extradited for computer misuse to be a guy with Asperger's, a UFO guy. He wouldn't want this.
'I'm just praying, please hear us, Obama, because I know you would do the right thing.
'I know you would have the strength to stand up and not have this.'
Lawyers for Mr McKinnon, who was told the decision yesterday, described him as an 'UFO eccentric' who had been searching for evidence of extra-terrestrial life, and described the idea that he was a danger to U.S. national security as 'a complete fantasy'.
Karen Todner, Mr McKinnon's solicitor, said: 'This ruling is hugely disappointing. But we shall not stop here.
'Alan Johnson still has the power to act. We have 28 days to review the judgment and will continue to explore every legal avenue until we achieve a just and proper result.
'The Government promised "ample protection" of individuals' rights, but we have yet to see this in practice.
'Extradition without effective safeguards is a denial of justice for every UK citizen.'


If sent to the U.S., Mr McKinnon is likely to receive a substantial prison sentence of up to 12 years, possibly served in a Supermax prison used for high risk inmates, and is unlikely to be repatriated to serve his sentence.
The U.S. authorities said Mr McKinnon was responsible for the 'biggest military hack of all time' that had been highly damaging and involved 97 government computers belonging to organisations including the U.S. Navy and Nasa.
A large campaign involving family, politicians, civil rights groups, sympathetic media and celebrities has supported the hacker's long battle against extradition.
The National Autistic Society, which has supported him, said it was 'extremely disappointed at the decision'.


Janis Sharp, Gary's mother, says she fears her son will not survive if he is extradited to the U.S. and called on President Obama to intervene

Amanda Batten, the charity's head of policy and campaigns, said outside the High Court: 'We are angry that Gary is still in this position.
'This legal case has been going on for seven years. We are involved in supporting his case because we think that in the light of his Asperger's syndrome that extradition should not go ahead.
'We will continue campaigning and do all we can to support Gary to stay in the UK.'

Mr Johnson's own terror adviser, Lord Carlile, and eminent human rights lawyers have warned against sending him across the Atlantic under a controversial U.S./UK treaty ostensibly introduced to combat terrorism.
The Home Secretary snubbed a plea by Gary's mother for a face-to-face meeting but Mrs Sharp said: 'Mr Johnson can, and must intervene. It's an absolute.
'He's ignoring the best legal advice in the land, even his own adviser on terror is saying "don't send Gary." It just seems ridiculous.'
Support for Gary has poured in after the Daily Mail launched its 'Affront to British Justice' campaign - with tens of thousands of readers petitioning the Home Secretary to use his discretion and intervene - and ministers will be braced for a public backlash if he loses the High Court appeals.
A raft of leading politicians, including Tory leader David Cameron and Lib Dem leader Nick Clegg, along with many high-profile celebrities are backing the fight to stop his extradition on 'cyber-terrorism' charges.
Actress and environmental campaigner Trudie Styler, wife of pop star Sting, who was present in court, said afterwards: 'My heart goes out to Gary, Janis and all those who have fought so hard.
'Reason and common sense dictate that Gary's extradition would be abhorrent.
'We cannot let this be the end of the road. It is quite clear that Gary is a deeply vulnerable man, ill-equipped to cope with the trauma of extradition.
'I am determined to continue to press government to intervene in this blatant travesty of justice.'
Shadow home secretary Chris Grayling said: 'This is very disappointing news. People are right to be extremely concerned about our extradition arrangements.
'This is a case where there is a clear argument for it to be tried in this country, and our system should take health issues into account before considering deportation. I hope lessons will be learned.'
Former Liberal Democrat leader Sir Menzies Campbell said: 'This is a profoundly disappointing decision.
'The people who should hang their heads in shame are the members of the Government who negotiated an extradition treaty with the United States which places British citizens in a much weaker position than their American counterparts.
'If this was happening in America there would be a public outcry and Congress would be moving might and main to prevent it.'

Earlier this week analysis by the Liberal Democrats revealed that the odds are stacked overwhelmingly against any British citizen wanted by the Americans for extradition.
Courts in the UK approve 89 per cent of U.S. extradition requests compared to only seven in ten requests by the British authorities that are granted by the Americans.
Under the controversial act the U.S. can demand a Briton's extradition without having to prove any evidence while Britain has to prove its case in a U.S. court.

[Peter Presland]

Gary has been refused leave to appeal to the High Court. Note the reason - "not important enough".

That leaves Strasbourg.

The fawning cap-doffing obedience of the UK authorities in this case make me sick - seriously sick. Gary did the US military a BIG favour by demonstrating their amateur to non-existent sites security, then actually sent them an email to tell them about it! They should be awarding him a public service medal. Instead, nasty pompous viscous morons that they are, they are determined to have their pound of flesh - then some.

Computer hacker Gary McKinnon has been refused permission to appeal to the UK Supreme Court against his extradition to the US.
The High Court ruled the case was not of "general public importance" to go to the UK's highest court.
Glasgow-born Mr McKinnon, 43, of Wood Green, London, is accused of breaking into the US's military computer system.
Mr Mickinnon, who has Asperger's syndrome, insists he was just seeking evidence of UFOs.
In July he lost a High Court bid to avoid extradition.
'Sacrificial lambs'
Mr McKinnon could face 60 years in prison if convicted in the US.
His lawyers have said they may now take the case to the European Court of Human Rights in Strasbourg.
They argue that extradition of their client would have "disastrous consequences" for his health, including possible psychosis and suicide.
Mr McKinnon had challenged the refusal of Keir Starmer QC, the Director of Public Prosecutions, to put him on trial in the UK on charges of computer misuse - which would have allowed him to avoid extradition.
Reacting after the latest ruling, his mother Janis Sharp said no other country would offer its citizens to the US so readily "as sacrificial lambs" just to safeguard the special political relationship.
She said: "To use my desperately vulnerable son in this way is despicable, immoral and devoid of humanity."

[David Guyatt]

The fawning cap-doffing obedience of the UK authorities in this case make me sick - seriously sick.

Me too.

Sooner, rather than later, we in the UK need to take back our Sovereignty and stop being the toadies we always are to Washington, which I am sure was given simply in order to ensure US intelligence sharing was not harmed in any way.

Bugger them.

[Magda Hassan]

Sooner, rather than later, we in the UK need to take back our Sovereignty....

And give it back to the British branch of the German royal family where it belongs :bandit:

[David Guyatt]

Sooner, rather than later, we in the UK need to take back our Sovereignty....

And give it back to the British branch of the German royal family where it belongs :bandit:

Our Royals are wunderbar Englisher people ya.

[Keith Millea]

Sooner, rather than later, we in the UK need to take back our Sovereignty....

And give it back to the British branch of the German royal family where it belongs :bandit:

Our Royals are wunderbar Englisher people ya.

I honestly don't know who that lady is,but someone please tell her she's too early for Halloween.:flute:

[Helen Reyes]

Sooner, rather than later, we in the UK need to take back our Sovereignty....

And give it back to the British branch of the German royal family where it belongs :bandit:

Our Royals are wunderbar Englisher people ya.

I honestly don't know who that lady is,but someone please tell her she's too early for Halloween.:flute:

Isn't that Katherine Hepburn playing Victoria I, the "Smelly Queen"?

If McKinnon's lawyers have any sense, they'll argue, truthfully, that their client could be executed in the United States under the Patriot Act.

I think appeals to GB would fall on deaf ears, he invoked some terrorism act against the banks and people of Iceland for lost deposits. I also think the US intends to debrief McKinnon on what he saw. What did he see? He saw some classified NSA space station and airbrushed versions of the same NASA photo. He also managed to get documents on a US space fleet from a supposedly secure discrete NSA node, some lunar antenna array called LUMATRA.

Why does it matter? Probably the US is afraid he saw US nukes in space and stuff about 911. This is all conjecture on my part of course.

[David Guyatt]

That lady is Margaret Thatchler who, when in power, thought she was Her Royal Highness...