Hacking For UFO Secrets

[Bigfoot73]

I have searched for an answer to that myself, and apart from the oft-repeated vague mention of a secret US Navy space programme and these 'extra terrestrial officers', there's nothing. Seeing as he was dumb enough to use his own computer anything he might have saved/downloaded/screen captured was probably on it when he got nicked, and he doesn't seem to have copied and circulated anything.
You might think that the first outsider to access the greatest US Goevernment secret of all , he would have rather more to say about it.

Added to which he claims that whilst in the Pentagon system he became aware that there were other hackers in there too, which would surely increase the chances of something being revealed - but no, nothing, which casts further doubt on his claims.

 

[sherbetbizarre]

Added to which he claims that whilst in the Pentagon system he became aware that there were other hackers in there too, which would surely increase the chances of something being revealed - but no, nothing, which casts further doubt on his claims.

What did he claim he found in regard of a cover-up?

 

[Bigfoot73]

I'm not aware of any claims he made regarding a cover-up, just that NASA or the US Navy had a secret fleet of spaceships. If he had anything to reveal, surely he would have gone ahead and done so.
If there is a cover-up going on, surely it would extend to not storing the secrets on computers which could be hacked by anybody, let alone amateurs.

 

[rynner2]

You CAN save Gary McKinnon: MPs' bombshell letter explodes Home Secretary's claim that law makes him powerless to halt extradition
By James Slack and Michael Seamark
Last updated at 2:24 AM on 13th November 2009

Alan Johnson was last night told by a powerful group of MPs that he can and must halt the extradition of Gary McKinnon.
In a devastating letter, the Home Affairs Select Committee flatly rejected Mr Johnson's claim that he is powerless to intervene.

Gary, who has Asperger's syndrome and is said to be suicidal, is due to be handed over to the U.S. under the controversial Extradition Act.
There he faces up to 60 years in jail for hacking into Pentagon and Nasa computers while searching for proof of alien life.

But the Labour chairman of the committee, Keith Vaz, said the 'precarious state' of Gary's mental health meant his removal should be stopped.
The letter also calls for a 'comprehensive review' of the entire Extradition Act - which is widely considered imbalanced against British citizens.
It is a stunning vindication for Gary's supporters, and will pile enormous pressure on Mr Johnson to change his stance.

Earlier this year, the Mail presented the Home Secretary with evidence from two leading extradition lawyers stating that he could stop the removal on health grounds.
But Mr Johnson - while refusing to publish his own legal advice - stubbornly insisted that this was not the case.

Now - after studying the legal opinion obtained by the Mail, and holding a public evidence session with Mr Johnson and Gary's mother Janis this week - the Home Affairs committee has sided with Gary, 43, and this newspaper.

The letter from Mr Vaz - a former minister - to the Home Secretary says: 'We received a clear legal opinion... that the scope for the exercise of discretion by the Home Secretary is greater than you believe.
'Because of Mr McKinnon's precarious state of mental health, the Committee is of the view that he should not be extradited to the U.S.A. and you should exercise your discretion in this case.'
Officially, Mr Johnson has 'stopped the clock' on Gary's removal to the U.S while he considers new medical evidence of the danger he may take his own life if extradited.

A decision is expected later this month, but the Home Secretary continues to insist his hands are tied.
If he allows the extradition to proceed, he would be flying in the face of evidence from lawyers, autism experts and now one of Parliament's most influential committees.

etc...

Read more: http://www.dailymail.co.uk/news/article ... z0WjXksAOk

 

[rynner2]

Computer hacker Gary McKinnon to be extradited to US
• Alan Johnson quashes last-ditch attempt to halt extradition
• Family fear hacker with Asperger's is at serious risk of suicide
Afua Hirsch, legal affairs correspondent guardian.co.uk, Thursday 26 November 2009 19.50 GMT

Computer hacker Gary McKinnon, who has Asperger's syndrome, is at serious risk of suicide, relatives said today, after the home secretary rejected a last-ditch attempt to prevent his extradition to the US.

In a letter today Alan Johnson ordered McKinnon's removal to the US on charges of breaching US military and Nasa computers, despite claims by his lawyers that extradition would make the 43-year-old's death "virtually certain".

"The secretary of state is of the firm view that McKinnon's extradition would not be incompatible with his [human] rights," said the letter, dated 26 November. "His extradition to the United States must proceed forthwith."

The decision, described by lawyers as "callous", has prompted fresh fears about McKinnon's well-being. The letter rejected new expert medical evidence that McKinnon's health had deteriorated dramatically since losing his case in the high court in July, and meant that extradition would violate his right to life.

"Gary is at risk of suicide, I'm extremely worried about him," said McKinnon's mother, Janis Sharp. "This government is terrified of speaking up to America, and now they are allowing vulnerable people to be pursued for non-violent crime when they should be going after terrorists."

Mckinnon's lawyer, Karen Todner, said she planned to start a judicial review of the home secretary's decision. "We cannot give up because in some ways it's like dealing with a death row case, and we genuinely believe Gary's life is at stake here," she said.

...

The home secretary also said that should McKinnon be convicted in the US and seek to serve his sentence in Britain, the UK government would "progress his application at the very earliest opportunity". Lawyers had also argued that McKinnon could be prosecuted in the UK on lesser charges of computer misuse, preventing his extradition. "The CPS wanted to prosecute Gary, but they were told from the very top to stand aside and let America take him," said Sharp.

Critics say an extradition treaty designed to speed up extradition between the two countries works in favour of Americans and fails to adequately protect Britons.

Geoffrey Robertson QC, one of Britain's most eminent human rights lawyers, told the Guardian: "To send a British citizen to the US, without any right to bail, to face 10 years in prison for a crime for which he would be unlikely to receive any custodial sentence if tried here amounts to 'cruel and unusual' punishment' in breach of our 1689 Bill of Rights. The home secretary should not hide behind the weasel words of the European Convention when he should be following the law laid down by our own historic bill of rights."

etc...

http://www.guardian.co.uk/world/2009/no ... xtradition

That Alan Johnson's off my Xmas card list.

 

[rynner2]

The Daily Mail's story shows Johnson's letter to Gary's mother, and also gives this:

Psychiatrist warns suicide 'almost inevitable'

The diagnosis from Professor Jeremy Turk could hardly be more emphatic: Suicide was now a 'real probability' and an 'almost certain inevitability' if Gary McKinnon is extradited.

The consultant psychiatrist from St George's Hospital, London, paints a devastatingly bleak prognosis after a series of meetings with the computer hacker in recent weeks.
At the beginning of September, Professor Turk records Gary's 'fixed psychological conviction that he will kill himself in preference to being extradited'.
He says the fragile 43-year-old believes suicide will be necessary in order to avoid the distress of 'a United States legal hearing, imprisonment and male rape'.

The psychiatrist concludes that Gary is suffering from a 'very serious Major Depressive Disorder....aggravated and complicated by anxiety and panic attacks with multiple psychosomatic symptoms on a background of his having Asperger's Syndrome'.
He believed Gary was at an 'exceptionally high risk of self-harm and even suicide'.

In October, after a call for urgent psychiatric help following another legal setback, Professor Turk found Gary extremely emotionally depressed.
His partner Lucy Clark also said he was in a deep state of suicidal depression and despair, at one moment drinking a whole bottle of wine.

Gary insisted he would commit suicide by overdose rather than stand trial in the United States - and he no longer cared about the distress that this would cause.
The professor concluded he was 'at an even higher risk of self-harm and suicide' than he had earlier recorded and that suicide was now a 'real probability' and an 'almost certain inevitability' should extradition continue.
So serious is Gary's condition, warned Professor Turk, that if his mental state didn't start to improve significantly he would require 'inpatient containment' --sectioning under the Mental Health Act --although it was likely to become a necessity 'sooner or later'.
He said Gary was in the 'most exceptionally fragile of mental states' and required specialist, complex and closely monitored pharmacological and therapeutic support.
The medication would take four to eight weeks to start producing a meaningful antidepressant effect, while therapy would require 'at least six months'.

But the damning medical reports are dismissed by the Home Secretary, who insists they don't amount to 'a fundamental change in circumstances' and disputes the diagnosis that Gary's condition has ' dramatically deteriorated'.
Although 'distressing and worrying', the minister says Professor Turk's diagnosis and opinions, 'properly analysed,' are no different to medical reports prepared by other medical experts and considered by the High Court

http://www.dailymail.co.uk/news/article ... mself.html

 

[rynner2]

Clegg tells the U.S: Show some courage over Gary McKinnon
By James Slack
Last updated at 9:15 AM on 30th November 2009

The U.S. attorney general was last night urged to show the 'heart and courage' lacked by UK ministers and halt Gary McKinnon's extradition.
In a remarkable letter, Nick Clegg warns Eric Holder that bringing the Asperger's sufferer to America could badly damage transatlantic relations.
The LibDem leader accused Gordon Brown and Home Secretary Alan Johnson of sacrificing Gary in the mistaken belief it would help to 'maintain strong relations' with the Obama administration.

Campaigners hope the U.S. can be persuaded that there is no merit in sending Gary to face trial there when he can be prosecuted in Britain - an argument the Home Secretary has stubbornly rejected.
Mr Johnson was criticised last week for ignoring overwhelming medical evidence that the computer hacker is highly likely to kill himself if sent to America.

A devastating psychiatric-report said suicide was an 'almost certain inevitability' if the 43-year-old was extradited to the U.S., where he faces up to 60 years in jail for hacking into military computers searching for reports of UFO sightings.
But Mr Johnson said warnings that Gary may take his own life had already been considered by the courts, and the new evidence did not mean extradition would breach human rights law.

Last night, Mr Clegg told the Mail: 'It is absurd that the campaigners for Gary, like me, are having to ask the American government to step in when our Government has consistently failed to do so.
‘It says a great deal about this administration's craven attitude towards the United States when it values an unequal extradition arrangement over the life of one of its citizens.
'I am appealing to the better nature of the American justice system because it appears that our Government has no faith in the British one. I hope for Gary's sake that politicians in the United States show more heart and courage than Alan Johnson and Gordon Brown.'

His letter has been sent to Mr Holder and the U.S. ambassador, Louis Susman, urging them to allow Gary to be charged for his crimes in Britain, where they were committed, from the bedroom of his North London flat.

etc...

Read more: http://www.dailymail.co.uk/news/article ... z0YLEzjeDv

 

[Peripart]

I haven't read this whole thread, but I've followed the story on the news, of course. The current situation is a shameful abuse of extradition and the terror laws, coupled with an equally shameful refusal on the part of Alan Johnson to grow a spine.

I don't have anything much new or interesting to say, but the way in which a naive and, in some ways, childlike man is being treated by both sides, makes me very angry indeed. If the situation were reversed, the Americans would insist on trying the man themselves. Why can't we do the same?

 

[ramonmercado]

Judicial review for McKinnon extradition decision
Gary McKinnon
Mr McKinnon faces 60 years in jail if convicted in the US

A High Court judge is to rule on whether Home Secretary Alan Johnson was wrong to allow the extradition of computer hacker Gary McKinnon.

The judicial review will examine Mr Johnson's decision that a US trial would not breach his human rights.

Mr McKinnon, 43, who has Asperger's syndrome, is accused of breaking into the US military computer system. He says he was seeking evidence of UFOs.

The Home Office said it had "noted" the court's decision.

A hearing is likely to take place in April or May.

Mr McKinnon's lawyer said she was "delighted" that they had been granted permission for judicial review, but warned that her client was in a "very poor mental state" due to stress.

Solicitor Karen Todner also appealed to Mr Johnson to reverse his decision and asked US President Barack Obama to withdraw the request for extradition.

"Mr McKinnon's suffering has gone on long enough," she said.

The Glasgow-born man's mother, Janis Sharp, said she felt "incredible, indescribable" relief.

"I can't believe it - some common sense at last. This judge has made such an honourable and decent decision.

"We've fought for so long for compassion and understanding. Gary's health has badly declined, it's been traumatic to see," she said.

'Heartening'

In November, Mr Johnson said he could not block the move to a trial in the US on medical grounds, saying he had "no general discretion" to refuse the request from the US government.


We should not be sending people to be tried in foreign courts and then, if convicted, imprisoned away from family and friends when it is perfectly feasible to try them in the courts in this country
Isabella Sankey, Liberty

The computer systems Mr McKinnon, now of Wood Green, north London, is accused of breaking into include the Pentagon. If convicted, he faces 60 years in prison.

A Home Office spokesman said: "As the case is before the courts, we do not propose, pending the outcome, to comment further."

Liberal Democrat Leader Nick Clegg said the judicial review was "heartening news".

"Even now the Prime Minister and Home Secretary could step in to spare Gary McKinnon from this ordeal by ensuring that he is instead tried in a British court.

"It must be hoped that the courts prevent this unfair extradition and in doing so display more courage than our ministers," he said.

Isabella Sankey, director of policy for human rights group Liberty, said the charity welcomed the decision.

"We should not be sending people to be tried in foreign courts and then, if convicted, imprisoned away from family and friends when it is perfectly feasible to try them in the courts in this country," she said.

Mr McKinnon's lawyers and family have fought a series of long-running court battles in an attempt to avoid extradition.
http://news.bbc.co.uk/2/hi/uk_news/8458004.stm

 

[Quake42]

Hmm. I don't want to see McKinnon extradited either but I do think that some of the arguments deployed in his favour, especially around health, are somewhat bogus.

The Aspergers diagnosis seems suspect - as far as I can tell - only seems to have appeared a couple of years ago to support his defence. As for the risk of depression/ breakdown/ suicide - I'm not surprised McKinnon is afraid of what might happen to him. I know I'd be depressed and possibly suicidal at the prospect of 60 years in a "supermax" prison. I think anyone would - that is not in itself a reason not to extradite someone, unless the argument is that the US penal system is so vile that we would never extradite under any circumstances.

Similarly, the "seven year torture" of the extradition process is a bit of red herring. The process has only gone on for so long because McKinnon and his lawyers have fought every step of the way.

That said, the case raises serious questions about the inequalities in extradition arrangements with the US and McKinnon seems a harmless enough individual. Community service, a suspended sentence or even a few months in a low security jail would seem far more appropriate responses to his hacking.

 

[wembley9]

It's unfortunate that the defence have been forced to move away from common sense arguments - the guy is clearly a harmless eccentric and the proposed punishment is disproportionate - to these more dubious claims. Practially any techie type you know could be diagnosed as being somewhere on the Asperger's spectrum.

That said, I believe that extraditing him would be quite wrong.
Also - I don't think he has much backing for his claims. All he found were details of inter-fleet transfers listing vessels not belonging to the US.

http://www.theblackvault.com/wiki/index ... innon_Case

"Gary found names of "ships" listed in this data and separately researched these names against military sea-based vessels but found no correlation"

But there are various foreign fleets out there which have US officers on exchange programs.

And the Royal Navy certainly have lots of virtual 'ships' - HMS Drake, HMS Neptune which are actually shore establishments -
http://en.wikipedia.org/wiki/List_of_Ro ... blishments
- withiut checking, you might think there was a whole phantom fleet out there.

 

[Quake42]

Practially any techie type you know could be diagnosed as being somewhere on the Asperger's spectrum.

Yeah - McKinnon doesn't appear to display any real signs of autism and has (or certainly has had in the past) a job, girlfriend etc. He's obviously a bit of a geek and a monomaniac about UFO stuff but so are thousands of others.

It's unfortunate that the defence have been forced to move away from common sense arguments - the guy is clearly a harmless eccentric and the proposed punishment is disproportionate

I find it astonishing that the Americans refused to agree to some sort of plea deal ahead of the extradition - a guarantee of no more than (say) 5 years in a low security prison, with time off for good behaviour and/or transfer to a British jail if he preferred, would have been appropriate and would almost certainly have resulted in McKinnon returning voluntarily to face the music years ago. The American authroties in this case look like vindictive bullies and are now faced with the very real prospect that the extradition will be blocked.

 

[rynner2]

Hacker's high life brought to end with 20-year sentence
Longest ever jail term, and failure of Asperger's syndrome defence, bodes ill for Gary McKinnon
By David Randall
Sunday, 28 March 2010

This weekend, Albert Gonzalez, the most prolific commercial hacker in history, is beginning a 20-year jail sentence. Thus comes to an end a saga of crime, greed, and deft keyboard work that brought him a life high on the hog with a supercar and condo, his lady friends some fancy jewellery, and much grief to the millions of people whose credit card details he plundered. No one – least of all Gonzalez – knows how many card holders were affected, but the most cautious estimates put the total in the tens of millions.

Gonzalez, as these numbers suggest, was no acned amateur, hacking companies' records for the thrill of it. He was young – still only 28 – but so good at penetrating supposedly secure networks that at one time he was hired by US intelligence to trace other hackers. His obsession with computers began in childhood: while still in a Florida high school he was questioned by the FBI after breaking into an Indian government website. In 2003, Gonzalez (whose father came to the US from Cuba on a homemade raft in the 1970s) was arrested for hacking. He was not charged and agreed to become a government informant.

Yet even while he was performing this public service, he was penetrating the networks of major companies such as the clothing retailer TJ Maxx, supermarket 7-Eleven and Barnes & Noble bookshop, and stealing credit card details. Using the aliases "segvec", "soupnazi", and "j4juar17", he led a group of professional identity thieves in the US, Ukraine and Russia who made money by selling card data on the black market and taking "bundles of money" out of cash machines.

One of his team's principal techniques was "wardriving", in which he and two partners would cruise in a car past shops, and use a laptop to detect stores with vulnerable wireless internet signals. The trio would then install "sniffer programmes" to hoover up details of the cards and their owners and sell them on. By 2008, Gonzalez had 40 million credit card details on his servers.

His share of the proceeds was an estimated $2.8m (£1.9m), which he used to buy an apartment in Miami, a blue BMW, Rolex watches for his father and friends, a Tiffany ring for a girlfriend, and to stage a $75,000 birthday party. At one time, court documents revealed, he was rather put out when his money-counter malfunctioned and he had to count out $340,000 in $20 notes by hand. Such a chore.

His run came to an end in May 2008, when police raided the room at the lavish National Hotel, Miami Beach, where Gonzalez and girlfriend were staying. Among his possessions in Room 1508 were two computers, $22,000 in cash and a Glock 9mm handgun. Later, around $1.1m was found buried in his parents' Florida back garden. He pleaded guilty in trials late last year and was sentenced at hearings on Thursday and Friday. His two confederates – known as "Hacker 1" and "Hacker2" – remain at large.

Gonzalez's defence team claimed that their client showed behaviour "consistent with Asperger's syndrome, a form of autism", but the courts in Florida and Boston still gave him two concurrent 20-year terms, the stiffest sentence ever recorded for a hacker. Their decision bodes ill for the British hacker Gary McKinnon, who is accused of penetrating Nasa computers, and whose extradition to the US will be judicially reviewed in May.

Gonzalez must also forfeit the remaining cash, his apartment and the car, while his friends must relinquish their Rolexes and the Tiffany ring.

http://www.independent.co.uk/news/world ... 29312.html

 

[Timble2]

The difference being that this chap did actually make a great deal of money from his crime, and I suspect the Asperger's syndome defence was a try-on by some very well paid lawyers.

The fact that it didn't work in this case doesn't mean it won't work under different circumstances.

 

[rynner2]

McKinnon mother stands for Jack Straw's Blackburn seat

The mother of computer hacker Gary McKinnon is to stand for election in Jack Straw's Blackburn constituency.

Janis Sharp said she blamed the justice secretary for pushing through the extradition treaty with the US.

Under the treaty, her son, from Wood Green in London, could be sent to the US for trial. He is accused of breaking into military computer systems.

A spokesman for Mr Straw said it was right that people with differing views were able to stand in the election.

He said: "In a democracy, it is right that people are able to stand in elections and put their case.

"I am sure there will be lots of views heard over the next few weeks and it is good that people are able to do that."

Ms Sharp, from Hertfordshire, who intends to stand as an independent candidate, said she believed Labour was responsible for eroding civil liberties.

"Jack Straw led us to believe the extradition treaty would only be used for terrorists, but it is not being used for this," she said.

"Once these things are brought in, we don't know where they will go next. It's very frightening."

Last year, the Labour government defended extradition laws with the US saying it had simplified the rules while still protecting the rights of suspects.

The Conservatives have said the law was not being used, as intended, to fight terrorism, and the Liberal Democrats said that cases such as Mr McKinnon's "underlined the injustice" of the treaty.

In July 2009, home secretary Alan Johnson said the government had to act in accordance with the law, which it believed provided sufficient safeguards.

The computer systems allegedly hacked into by Mr McKinnon, 44, include those at the Pentagon and, if convicted, he faces 60 years in prison. He claims he was seeking evidence of UFOs.

Mr McKinnon's lawyers and family have fought a series of long-running court battles in an attempt to avoid his extradition.

A judicial review of that decision will be heard at the High Court at the end of May.

Ms Sharp, who said she had voted Labour in the past, said it was time for people to "vote with their heads, not with their habits".

She also said she did not believe she had any chance of winning the Blackburn seat, but felt she wanted to make a stand.

"I don't expect to get in but I feel civil liberties need a voice," she said.

http://news.bbc.co.uk/1/hi/uk_politics/ ... 612986.stm

 

[rynner2]

Gary McKinnon lawyers lobby new home secretary

The new home secretary has been urged to overrule her predecessor's decision to allow the extradition of UK computer hacker Gary McKinnon.

Mr McKinnon's lawyers have made "representations" to Conservative Theresa May as part of a long campaign to prevent a US trial for their client.

A judge is due to rule on whether the previous home secretary Alan Johnson was wrong to allow the extradition.

Both David Cameron and Nick Clegg have previously criticised the move.

Glasgow-born Mr McKinnon, 43, who has Asperger's syndrome, is accused of breaking into the US military computer system. He says he was seeking evidence of UFOs.

The computer systems Mr McKinnon - now of Wood Green, north London - is accused of breaking into include the Pentagon. If convicted, he faces 60 years in prison.

Mr McKinnon's lawyer Karen Todner said the solicitors firm Kaim Todner had asked Mrs May to "intervene and prevent the extradition".

"We hope the new Liberal-Conservative Government will act upon their previous public statements that it would be unjust to extradite Mr McKinnon," she said.

Last year, Mr Cameron said that if Mr McKinnon had questions to answer there was "a clear argument to be made that he should answer them in a British court".

In January Mr McKinnon's legal team was granted permission for a judicial review of Mr Johnson's decision that sending him to the US for trial would not breach his human rights.

At the time the Home Office said it had "noted" the court's decision.

Liberal Democrat leader Nick Clegg said the judicial review was "heartening news" and said he hoped the courts would "display more courage than our ministers".

Mr McKinnon's mother, Janis Sharp, has often spoken of the stress of the long campaign.

Speaking earlier this year she said: "We've fought for so long for compassion and understanding. Gary's health has badly declined, it's been traumatic to see."

Earlier this month she stood for election as an independent in Jack Straw's Blackburn constituency, saying she blamed the justice secretary for pushing through the extradition treaty with the US.

She came last with 173 votes.

http://news.bbc.co.uk/1/hi/uk/8683965.stm

 

[Quake42]

I'd be astonished if the new government did anything to block McKinnon's extradition, whatever platitudes they may have come up with in opposition.

Keeping the US happy is always going to count for more than keeping a self-confessed hacker out of jail.

Expect lots of sympathetic noises but "unfortunately the decision has been made" and "it would be wrong for government to intervene in the judicial process".

I suspect McKinnon's best bet is to try and negotiate a plea deal, or some arrangement where he can serve his sentence in a British prison. I believe something similar was arranged for the "NatWest Three".

*Edited for typo

 

[Quake42]

I may be forced to eat my earlier sceptical words... it looks as though Teresa May has agreed to look at the case again...

Extradition of computer hacker Gary McKinnon put on holdTheresa May agrees adjournment of judicial review to consider whether Gary McKinnon is fit to be extradited to US

The extradition of the computer hacker Gary McKinnon has been put on hold after the home secretary, Theresa May, agreed to an adjournment of a judicial review that was supposed to start within days.

The move will allow May to begin formal consideration of the medical evidence to see whether McKinnon is fit to be extradited. If it is established that he cannot be allowed to go, it paves the way for a prosecution in the UK.

A Home Office spokesperson said: "The home secretary has considered the proposal from Gary McKinnon's legal team and has agreed an adjournment should be sought. An application to the court is being made today."

McKinnon's lawyer, Karen Todner, said she hoped May would make a decision on whether he was fit to be extradited in a matter of weeks.

Todner said: "The secretary of state, having recently taken office and having received further representations from the claimant's representatives, wishes to have appropriate time fully to consider the issues in the case." She said she hoped the decision was "a signal of a more compassionate and caring home secretary".

McKinnon's lawyers were granted permission for a judicial review last week – having failed to win one last year – into whether a decision by the former home secretary Alan Johnson to allow extradition and trial in the US breached McKinnon's human rights.

The judicial review was supposed to start next week and was virtually a last throw of the legal dice. Its adjournment allows May to cast a fresh eye on what has turned into a cause celebre, and to make a close examination of the extradition agreement between the US and the UK.

Legal experts said May's main difficulty would be to override her Home Office advisers.

"They will, perhaps, tell their minister that if she reverses the [Jacqui] Smith-Johnson decision, the Americans might take her to court for judicial review. But this is unreal: the Obama administration is unlikely to challenge, on behalf of a local state prosecutor, a decision of the new British government," Geoffrey Robertson QC wrote on the Guardian's Comment is free website, this week.

McKinnon's supporters believe the new coalition government is sympathetic to their cause as David Cameron and Nick Clegg have in the past publicly criticised plans to extradite McKinnon. Last year, Cameron said any trial should take place in the UK. He said there was "a clear argument to be made that he should answer [any questions] in a British court".

McKinnon admitted to hacking into 97 computers in the US defence department and Nasa from his London flat, and said he was looking for evidence of UFOs between 2001-2.

Despite a lengthy legal battle and strong public support for the Free Gary campaign, McKinnon has so far failed in his seven-year fight against extradition. His supporters argue that McKinnon has Asperger's syndrome and was driven only by an obsession with UFOs. The US government argues that his hacking attempts were a deliberate effort to breach American defence systems.


McKinnon's mother, Janis Sharp, called the development good news and said it was significant that the court process is now on hold.

"Overall I'm cautiously optimistic," she said. "It's a step in the right direction, but we really need to know that Gary will be staying here. Only then can we relax. In some ways this is almost the most difficult time. I've got hope for the first time and if that hope was dashed I don't know what I'd do.

"We've had this hanging over us for eight years. Some murderers get less than that. All he was doing was tapping away on a leyboard in Crouch End, being curious."

Sharp added that McKinnon was not in a good way: "He can't go out, watch anything about the case on TV. He's under the care of a psychiatrist."


The controversial case has crossed the desks of six home secretaries.
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http://www.guardian.co.uk/world/2010/ma ... on-on-hold

As I've said earlier in the thread, personally I think the alleged health issues are largely BS... but I'd be delighted if the extradition was halted.

 

[ramonmercado]

As I've said earlier in the thread, personally I think the alleged health issues are largely BS... but I'd be delighted if the extradition was halted.

Probably more exaggerated than BS but I also hope the extradition fails. He should and could be tried in British Courts.

 

[Quake42]

Probably more exaggerated than BS but I also hope the extradition fails. He should and could be tried in British Courts.

I have to say that, having read the details of the plea agreement McKinnon was offered, and turned down, my sympathy for him has lessened. You can read the House of Lords judgement here:

http://www.publications.parliament.uk/p ... kinn-1.htm

But essentially he was offered a deal which would have resulted in a year or so in a minimum security prison, followed by repatriation to a UK jail to serve another year or so. Probably more than he would have got were he to be convicted in the UK, but not massively out of kilter. He could have gone for this deal and been back home years ago.

I note also from the judgement that the prosecution were talking about 8-10 years if he didn't co-operate, not 60 or 70. I further note that the "supermax" threat also appears to be an invention of McKinnon's legal team.

All in all the pro-McKinnon people have run very slick media operation, but I remain unconvinced about many of their wilder claims. I find the Aspergers diagnosis especially suspect, coming as it did some years after the extradition request was made and McKinnon displaying very few of the symptoms of actual autism.

That said, the wider issues around unfair and/or unreasonable extradition arrangements with the US - and also the EU - do need to be addressed.

 

[rynner2]

An affront to British justice: Gary McKinnon extradition CAN be stopped, says Lib Dem QC
By James Slack and Michael Seamark
Last updated at 1:34 AM on 31st May 2010

The coalition can and must save Gary McKinnon from extradition, the Government’s terror law adviser Lord Carlile says today.

The senior Lib Dem peer insists that blocking the Asperger’s sufferer’s removal to the U.S. for computer hacking would not set any legal precedent involving other pending or future cases.

Those currently fighting extradition to America include hookhanded preacher of hate Abu Hamza, who is wanted on allegations of setting up a terrorist training camp.

Lawyers for the convicted fanatic, currently in Belmarsh prison, would almost certainly point to his own poor health in a cynical ploy to try to save him from being thrown in a U.S. jail.

But in an article for the Daily Mail, Lord Carlile says of Gary’s plight: ‘It is a one-off, that suggests no precedent for other cases.’

The QC’s intervention heaps new pressure on Deputy Prime Minister Nick Clegg to ensure Gary is tried in the UK – not sent to face up to 60 years in a U.S. jail.

Last week we revealed how Mr Clegg was backtracking on his previous position that the Government had the power to halt Gary’s removal on charges of hacking into military computers.

But Lord Carlile, legal adviser to the Home Office, said there was no doubt that the 44-year-old could be punished for his offences here.

He writes: ‘There is no doubt that Mr McKinnon could be prosecuted in this country, given that the acts of unlawful access occurred within our jurisdiction (ie from his computer in North London) and that he has admitted the offences.

‘I am not alone among experienced lawyers in considering the Home Secretary has the power to halt this extradition.’

Lord Carlile points out three cases similar to Gary’s have been tried in the UK.
Medical experts have warned that – if sent to the U.S – a vulnerable Gary will almost certainly kill himself.

Home Secretary Theresa May has temporarily halted his removal to consider new medical evidence.

Mr Clegg – previously one of Gary’s staunchest supporters – surprised campaigners when he said: ‘What I haven’t got power to do, neither has the Home Secretary neither has even the Prime Minister, is to completely reverse and undo certain legal aspects of this.’

Gary’s solicitor Karen Todner said: ‘I think Nick Clegg needs to understand there is no court decision the Home Secretary would be undermining were she to make a decision based on the medical evidence which she now has that Gary McKinnon
should not be extradited.’

His lawyers are submitting new evidence to Mrs May, who is then expected to spend weeks considering it. Mrs May has also ordered a review of the 2003 Extradition Act.

Legal experts insist that – while lopsided – the Extradition Act does allow Gary to be saved.

Advice obtained from human rights QC Tim Owen and Julian Knowles, one of the UK’s leading extradition lawyers, by the Mail stated the Act ‘gives the English courts the primary responsibility – but, importantly, not the exclusive responsibility – for ensuring that…safeguards are maintained’.

They went on: ‘It is therefore plain the Home Secretary has the power – and indeed the duty – to intervene in any extradition case, even after the court process has ended, if the evidence establishes that there is a real risk of a human rights breach should extradition proceed.

‘Statements made to the contrary are obviously and plainly wrong.’

etc...

Read more: http://www.dailymail.co.uk/news/article ... z0pUUZcmtD

 

[rynner2]

Barack Obama blocks reform of 'one-sided' extradition treaty
David Cameron's pledge to reform a controversial extradition treaty with America is set to be blocked by Barack Obama's administration.
By Robert Winnett in Washington and Christopher Hope in London
Published: 9:30PM BST 16 Jul 2010

American government sources have said they believe the treaty is "fair" and is essential for the prosecution of people who have committed crimes in America but are in Britain.

However, senior Conservatives and Liberal Democrat ministers, including Nick Clegg, have claimed that the extradition treaty is "one-sided" and does not provide enough protection for Britons.

A series of high-profile extradition attempts, including that of Gary McKinnon, the alleged computer hacker, and three NatWest bankers, have sparked public anger over the arrangements.

The Coalition is committed to reviewing the treaty and is set to appoint a high-profile figure to consider alternatives. Theresa May, the Home Secretary, has said it is still the Government's intention to review the arrangements.

However, the issue could now lead to problems in the transatlantic relationship, which is already strained following the BP oil spill.

A well-placed American Government source said: "Our position is any examination of the treaty will show that it is a balanced treaty. "The treaty does not target Britons but criminals sheltering in the UK. It is not about trying to get Britons, it is trying to get criminals, regardless of nationality. Nationality is not a factor."

The source added that if people looked at the "cold hard facts" they would conclude that the treaty did not need to be revised.

"There is a fair amount of misunderstanding," he said when asked if British ministers had unfairly criticised the treaty.

He disclosed that in the majority of cases, the treaty was used to extradite foreign nationals, particularly Americans, staying in Britain.

A spokesman for the American embassy in London said that it was an "excellent treaty".

...

The US is seeking to extradite Mr McKinnon who hacked into sensitive American computer systems. He has argued that he suffers from Asperger's syndrome and that his actions were harmless as he was attempting to find evidence of UFOs.

Last December, Mr Clegg said: "This treaty is wrong and Gary McKinnon's extradition to the USA must be stopped. The Government can change this." The British government could unilaterally alter the 2003 Extradition Act but this would be likely to antagonise the Americans.

The treaty has long-proved controversial. It was adopted by the UK in 2003 although America did not ratify the treatment until 2006 following British pressure.

It was initially intended to help deport terrorism suspects although it has been used more commonly for white-collar fraud. In some cases, the alleged crimes were committed in the UK but had ramifications in America.

Ian Norris, the former chief executive of Morgan Crucible, was extradited to America earlier this year under the treaty and is now on trial amid allegations of price fixing.

The Home Secretary has been considering whether to extradite Mr McKinnon for the past eight weeks. She said she was considering "representations" from Mr McKinnon's lawyers.

Asked by Keith Vaz, the chairman of the Home Affairs select committee, if she was being pressured by the Americans "to make this decision quickly", Mrs May said: "I am well aware about the feelings about this case from a variety of sources.

"I am also well aware that the Home Secretary has a limited, a particular role in this and it is important that I recognise the legal framework in which I am operating."

http://www.telegraph.co.uk/news/worldne ... reaty.html

 

[Quake42]

"I am also well aware that the Home Secretary has a limited, a particular role in this and it is important that I recognise the legal framework in which I am operating."

Call me cynical, but I would suggest that can be translated as:

"We've had advice that there's nothing further we can do to halt the extradition in this case, but we need to spin it out for a few weeks yet so it looks like we're considering it seriously, as for some reason the Telegraph has made this a cause celebre."

 

[rynner2]

David Cameron praised for 'having the guts' to raise Gary McKinnon's case with Obama
Gary McKinnon's mother has praised Prime Minister David Cameron for "having the guts" to raise her son's computer hacking case with US President Barack Obama.
By Murray Wardrop and Robert Winnett
Published: 7:30AM BST 21 Jul 2010

Barack Obama raised hopes that the Briton accused of accessing top-secret American government computer systems, may not be extradited to the US to face justice.

The US President said that he hoped a compromise can be found in the long-running case following talks with Mr Cameron.

However, Mr Obama said he could not interfere directly in the case and warned that the issue must be “resolved in a way that underscores the seriousness of the issue”.

The Prime Minister said that he had raised the case of Mr McKinnon during a private meeting in the Oval Office yesterday with Mr Obama.

Speaking after the revelations, Janis Sharp, Mr McKinnon's mother, said: “Our government has had the guts to stick up for a British citizen and raise the case with Mr Obama.

“I could not believe it, to hear these two men discussing a vulnerable person like Gary. I’m just so proud of the coalition government.

“Our hopes are that Gary can be tried in the UK."

Although the detail of the case was not discussed by the two leaders, it is thought that a compromise could involve Mr McKinnon serving any prison sentence in Britain.

Mr Obama said: “One of the traditions we have is that the President doesn't get involved in decisions around prosecutions, extradition matters.

"So what I expect is my team will follow the law, but they will also coordinate closely with what we have just stated is an ally that is unparalleled in terms of our co-operative relationship.

“I trust that this will get resolved in a way that underscores the seriousness of the issue, but also underscores the fact that we work together, we can find an appropriate solution.”

etc...

http://www.telegraph.co.uk/news/worldne ... Obama.html

 

[ramonmercado]

However, Mr Obama said he could not interfere directly in the case and warned that the issue must be “resolved in a way that underscores the seriousness of the issue”.

Untrue. The POTUS has the power to commute fully or in part any sentence imposed by a Federal US Court. Obama could state his intention to ensure that McKinnon wil not serve more than x years.

 

[rynner2]

The POTUS has the power to commute fully or in part any sentence imposed by a Federal US Court. Obama could state his intention to ensure that McKinnon wil not serve more than x years.

So it seems...

Deal means Gary McKinnon would serve sentence in a British jail
By James Slack
Last updated at 11:12 PM on 21st July 2010

Gary McKinnon would not have to spend a single night in a U.S jail in a deal being thrashed out by UK and American officials, the Mail can reveal.

Under the terms of the agreement, the Asperger’s sufferer would be guaranteed bail before facing a trial in the U.S. for hacking into military computers.

If found guilty, he would be immediately transferred back to Britain to serve out any custodial term.

But details of the latest negotiations emerged after President Obama said he hoped to find an ‘appropriate solution’ to the saga, which dates back to 2002, when Gary hacked into NASA and Pentagon computers looking for evidence of alien life.

Campaigners last night insisted they will continue fighting for Gary, 44, to be tried in the UK, as well as serving any jail sentence here.

His family say he would be unable to cope with any journey to the U.S. and medical experts have warned the trauma of extradition could lead to Gary killing himself.

There is also renewed hope of changes being made to the lopsided Extradition Act, which was signed by Labour and offers greater protection to U.S citizens.

etc...

Read more: http://www.dailymail.co.uk/news/article ... z0uP2WboYR

 

[Kondoru]

What a rotten bunch of liberals!

All this will mean is the GB taxpayer will pick up the tab, not the US.

But of course, in taking on the role of Aspergers, he has sentenced himself to lifelong unemployment

 

[Mythopoeika]

But of course, in taking on the role of Aspergers, he has sentenced himself to lifelong unemployment

That doesn't necessarily follow. I've worked with quite a lot of high-functioning Asperger's types. The computer industry is filled with them.

 

[Quake42]

Campaigners last night insisted they will continue fighting for Gary, 44, to be tried in the UK, as well as serving any jail sentence here.

His family say he would be unable to cope with any journey to the U.S. and medical experts have warned the trauma of extradition could lead to Gary killing himself.

If an agreement is really in sight to allow McKinnon to serve any custodial sentence in the UK, and to be bailed while awaiting trial in the US, that's a great deal for him and it really is time IMO for the "campaigners" to give it a rest now.

Edit: I'm struggling to see exactly why a 5 hour flight will result in him killing himself and/or what will be so "traumatic" for him if he doesn't have to spend time in a US jail before or after the trial. It all looks like special pleading now and is getting quite irritating.

 

[Kondoru]

Mythopoeika, hes no computer geek.

and neither am I

Im only here because I spent years in conditioning myself to look at a screen