Free Gary McKinnon

The Guardian reports:

Gary McKinnon campaigners praise PM for raising hacker's case with Obama

Cameron says he hopes 'a way through' can be found over fate of McKinnon, who faces extradition to US

* Jo Adetunji
* The Guardian, Wednesday 21 July 2010

Prime minister David Cameron said last night he hoped "a way through" could be found over the fate of computer hacker Gary McKinnon, but remained diplomatic as he spoke of his discussion of the case with the US president.

The prime minister said he had talked with Barack Obama about the case of McKinnon, 43, who is accused of hacking into US government computer systems for which he faces extradition and up to 60 years in jail. Cameron said McKinnon was accused of a "very important and significant crime" but hoped that "a way through" could be found.

Cameron and Nick Clegg, the deputy prime minister, have publicly criticised plans to extradite McKinnon. Last year Cameron said that there was "a clear argument to be made that he should answer [any questions] in a British court".

But Cameron took a more diplomatic tack last night. Speaking at a joint press conference with Obama, he said: "Clearly there is a discussion going on between the British and the Americans about this, but I don't want to prejudice those discussions. We completely understand that Gary McKinnon stands accused of a very important and significant crime in terms of hacking into vital databases, and nobody denies that is an important crime that has to be considered. I have had conversations with the US ambassador as well as raising it with the president, and I hope a way through can be found."

[...]

Last year Alan Johnson, the former home secretary and Theresa May's predecessor, ruled that McKinnon could face extradition and trial in the US but his lawyers were granted permission for a judicial review into whether the decision breached human rights.

The case took another turn when May stepped in to adjourn the review days before it was due to start to consider whether McKinnon is fit to stand trial in the US. The home secretary is still considering the issue.

The Telegraph reports:

David Cameron suggests compromise on Gary McKinnon to Barack Obama

David Cameron has suggested to President Barack Obama that Gary McKinnon, the Briton accused of hacking into Pentagon computers, could serve some of his sentence in Britain as part of a compromise deal.

By Robert Winnett and Alex Spillius in Washington
Published: 6:55AM BST 21 Jul 2010

[....]

Mr Obama had earlier said he hoped a deal could be reached in the long-running case of Mr McKinnon, who suffers from Asperger's syndrome.

"Work has been going on to try and see if there isn't some way of dealing with this case where perhaps the sentences given in America that some of the - if there is a prison sentence - is served in a British prison," Mr Cameron told the BBC's Radio 5Live.

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".

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 co-ordinate 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." Mr Cameron said he understood that Mr McKinnon was accused of a "very important and significant crime" but said he hoped "a way through" could be found.

Obviously neither the Prime Minister nor the President can be seen to directly intervene in judicial proceedings but this case is definitely a political one.

Here is a chance for the Obama administration to make amends for some of their recent anti-British political rhetoric following the BP oil pollution affair, by dropping the extradition demand they inherited from the Bush administration, in favour of an "appropriate solution" under the British system of justice.

Another Parliamentary Written Answer about the current status of the Gary McKinnon extradition case:

HC Deb, 15 June 2010, c385W

Gary McKinnon
Home Department
Written answers and statements, 15 June 2010

Roger Godsiff (Birmingham, Hall Green, Labour)

To ask the Secretary of State for the Home Department what her policy is on the request from the US Administration for the extradition of Gary McKinnon.

Nick Herbert (Minister of State, Justice; Arundel and South Downs, Conservative)

The UK's policy and practice is to give maximum assistance to all of its extradition partners in accordance with domestic law and international obligations. It expects no less in return. In Mr McKinnon's case, proceedings under the Extradition Act 2003 are now at an end, but the Government have agreed to look afresh at whether new evidence demonstrates that extradition would breach Mr McKinnon's human rights. To that end, we are considering further representations which Mr McKinnon's solicitors submitted to us on 8 June.

More generally, the Government have undertaken to review the 2003 Act and the UK-USA Extradition treaty.

Does the current anti-British hysteria, egged on by Barack Obama's government, over the 40% US owned multinational BP oil company, make it more likely that the UK government will not allow force the extradition of Gary McKinnon to the USA ?

Constitution and Home Affairs
Oral Answers to Questions -- Education
House of Commons debates, 7 June 2010, 2:30 pm

[...]

Hansard source (Citation: HC Deb, 7 June 2010, c128)

Keith Vaz (Leicester East, Labour)

I welcome the Home Secretary to the Dispatch Box. One of her first decisions was to announce a review of the case of Gary McKinnon, a constituent of Mr Burrowes. That decision is welcome. Does she have a timetable for when she thinks that she will conclude her review of that case?

Theresa May (Home Secretary; Maidenhead, Conservative)

I am not able to give the right hon. Gentleman a timetable at the moment. Indeed, I took a decision that we would agree to an adjournment of the judicial review that was due to take place towards the end of May. I was asked whether I would do that and received further representations from Mr McKinnon's legal representatives. I am waiting for those further representations to be received.

There is nothing in law, or in real life politics, to limit such "representations" only to Gary McKinnon's legal team.

Please write to the Home Secretary on Gary's behalf:

Home Secretary
Rt Hon.Theresa May MP
c/o Direct Communications Unit
Home Office
2 Marsham Street
London SW1P 4DF

Home Office Contact Us page

Telephone: 020 7035 4848 (09:00-17:00 Mon-Fri)

Fax: 020 7035 4745

Minicom: 020 7035 4742 (09:00-17:00 Mon-Fri). Please note that this service is for members of the public with impaired hearing.

Email: public.enquiries@homeoffice.gsi.gov.uk

The Daily Mail newspaper has published another powerful letter, from Lord Carlile of Berriew, the Liberal Democrat peer and eminent QC, who is still the Government's Independent Reviewer of Terrorism Legislation and therefore well aware of extradition and national security issues.

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

[...]

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.'

Lord Carlile's letter in full

'I welcome the Home Secretary's recent decision to delay the Judicial Review in the case of Gary McKinnon.

Theresa May was right to agree to reconsider the lawfulness of extraditing this vulnerable but misguided computer obsessive, in the face of compelling medical evidence as to the risks associated with enforcing his extradition.

It takes a principled and wise Secretary of State to hear the advice of civil servants, political advisors and Government law officers and yet still take on board that available from third party legal advisors outside Whitehall.

Twice I have been compelled to set out my views, based on expert legal opinion of others, to Mrs May's predecessors This case is not only of legal importance, but also of considerable public interest and concern.

One of the submissions to the High Court in London by the Home Office's lawyers last year stated that 'the Home Secretary is powerless to stop this extradition'. It was then my view that this contention is wholly wrong in law - and this remains my view today. Clearly a misunderstanding of a Home Secretary's powers should not be used as justification for a decision to extradite this unfortunate British citizen.

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. I have read the opinion of the brilliant public lawyer Edward Fitzgerald CBE QC: he has reinforced my view that laying the circumstances for a domestic prosecution is not only within the power of this Government, but is wholly justifiable.

US prosecutors should now accept the singular circumstances of the case. It is a one-off, that suggests no precedent for other cases. They should accept that the British authorities should be entitled to deal with the case in full, taking fully into account the impact upon the alleged victim agencies in the USA, such as the Pentagon.

It is wholly conceivable that the US authorities would seek to prosecute their own citizens in lieu of extraditing them to Britain, were the circumstances reversed.

The English legal system is perfectly positioned to deal with cases of this nature making McKinnon's extradition both unnecessary and disproportionate.

Moreover, a decision to prosecute here would not be without precedent. There have been at least three other cases of hacking into US computer systems that have been prosecuted in the UK. It is unfathomable why Mr McKinnon should be treated differently.

This case has rumbled on for over 8 years. A just, compassionate and lawful decision is seriously overdue. The choice is not just to extradite or set free. There should be a UK investigation and where real evidence of unlawful behaviour exists, Mr McKinnon should be held to account.

However, for this to happen our Government needs properly to take responsibility for this case rather than cede prosecution to another jurisdiction.

The prolonged wrangling over his case discredits the previous Government and shines an uncomfortable spotlight on the workings of the Extradition Act 2003.

In my view, our extradition arrangements need urgent examination, particularly to allow judicial consideration of the correct jurisdiction for prosecution where more than one country seeks to lay claim (known in legal terms as natural forum).

As parliamentarians, we should recognise our primary duty is to protect not only British interests but also the most vulnerable and eccentric in our society.

By all accounts the uncertainty in this case continues to have a severely detrimental effect on McKinnon's mental health. His and his family's anguish is evident to all.

This is an exceptional case, worthy of exceptional consideration. I believe we now have the Government to give just that.'

The Daily Mail reports some potentially good news::

New hope that Gary McKinnon can stay in Britain after Home Secretary agrees to reconsider medical case for extradition

By James Slack and Michael Seamark
Last updated at 12:03 AM on 20th May 2010

Gary McKinnon is to be saved from the threat of immediate extradition as early as today.

Home Secretary Theresa May believes a court case to send the vulnerable hacker to the U.S. - due to begin in a few days - should be halted.

Her intervention gives Gary - who is backed by the Daily Mail's Affront to British Justice campaign - a vital new chance to plead the case for being dealt with in the UK.

Without it, the Asperger's sufferer would have been extradited within weeks to a foreign jail, where it is feared he would be almost certain to take his own life.

Gary faces up to 60 years imprisonment on charges of hacking into U.S. military computers.

Psychiatrists have warned that the 44-year-old - who was looking for evidence of 'little green men' - will kill himself if sent to America under the 'lopsided' Extradition Act 2003.

A succession of Labour home secretaries had abandoned Gary to his fate despite the desperate warnings about the state of his mental health.

But after the Mail's vigorous campaign, which was launched ten months ago and is supported by civil liberties groups, autism charities, celebrities and scores of MPs, Mrs May is understood to want a rethink.

She will now reconsider the medical case for keeping Gary here, where he has agreed to be tried for his 'crimes'.

This reflects a request made by Gary's legal team last week for the new Government to look at the case afresh.

[...]

Mrs May's decision will be formally put to Gary's legal team as early as today, under a process which requires them to agree to adjourn the court case.

The judicial review of former home secretary Alan Johnson's refusal to intervene had been due to begin next week and was virtually a last throw of the legal dice.

If it is adjourned Mrs May can then begin formal consideration of the mountain of medical evidence that Gary is unfit to be extradited.

If it is established that he cannot be allowed to go, it opens the door to a prosecution in the UK.

[...]

Last night Gary's mother Janis Sharp said: 'Obviously, the Home Secretary reconsidering the case would be good news but we will only be happy if we are told it is all over.'

His solicitor Karen Todner, of Kaim Todner, said: 'The legal team is extremely pleased that the Home Secretary appears to have appreciated that she is able to exercise discretion in relation to Mr McKinnon.

'We will make further representations to her in the hope that she will stop this extradition.'

Lawyers are not the only people who can and do "make representations" to the Home Secretary.

When John Reid was Labour Home Secretary, so many of you kindly wrote to the him on behalf of Gary, that the Home Office had to stop sending out individual replies.

Please write to the new Conservative - Liberal Democrat coalition government Home Secretary on Gary's behalf:

Home Secretary
Rt Hon.Theresa May MP
c/o Direct Communications Unit
Home Office
2 Marsham Street
London SW1P 4DF

Home Office Contact Us page

Telephone: 020 7035 4848 (09:00-17:00 Mon-Fri)

Fax: 020 7035 4745

Minicom: 020 7035 4742 (09:00-17:00 Mon-Fri). Please note that this service is for members of the public with impaired hearing.

Email: public.enquiries@homeoffice.gsi.gov.uk

Thanks to Stephane for sending us these photos.

Today on the May Day bank Holiday, supporters of Gary McKinnon's legal struggle against extradition to the USA, will be releasing 99 Red Balloons at around 12 noon
Bridge Street / Westminster Bridge outside Portcullis House and the Houses of Parliament.

This protest is inspired by the lyrics to the song 99 Luftballons / 99 red Ballons by Nena. The lyrics of the song portray Cold War trigger happy military over reaction to a harmless event.

See the Google Street View map and location photos.

Depending on where they are pointing at the time, you might perhaps get a glimpse of the balloons and the protestors on the BBC Jam Cam traffic camera feeds.

• Whitehall / Parliament Square

• Victoria Embankment
  

N.B. these camera feeds are likely to be censored with the false message "temporary fault", as they have been in the past, if and when the various anarchist May Day processions and demonstrations approach Parliament Square , supposedly around 2 or 3pm.

If you find one of these Red Balloons, please contact us via email or in the comments.

You can send us a digital photo (or a link to a photo sharing website etc) of it, with details of approximately where you found it.

UPDATE:

Here are a couple of photos from this May Day event in support of Gary McKinnon:

Janis Sharp, the mother of Gary McKinnon has announced her candidacy in the forthcoming General Election.

She will be standing against the Jack Straw, the former Labour Home Secretary and current Minister of (in)Justice in the constituency of Blackburn, in Lancashire.

See Janis's Twitter feed: https://twitter.com/JanisSharp

Interestingly, Jack Straw is the only former Labour Home Secretary who has not had to deal with the Gary McKinnon extradition case, as he had been edged sideways by David Blunkett, by the time Gary was arrested in April 2002.

He was Foreign Secretary at the time of the UK Governments secret extradition treaty negotiations with the US Government which resulted in the Extradition Act 2003, which Gary McKinnon and other extradition cases to the USA have fallen foul of.

He is personally at least as much to blame for the ongoing legal travesty and betrayal of British sovereignty as any of his Labour Government colleagues.

Other high profile political dissidents and human rights campaigners such as the former British Ambassador to Uzbekistan, Craig Murray, have stood against Jack Straw in previous General Elections.

Perhaps Craig can advise Janis on the sort of Labour party political trickery and postal ballot corruption which has tainted the elections in Blackburn in the past. e.g. Blackburn Council Jack Straw Electoral Corruption Starts Again

The fact that the Gary McKinnon extradition case has exceeded the lifetime of this current Parliament, is a scandal which belies any promises of swift or fair justice, made by this Labour government.

UPDATE:

Janis Sharp has a General Election campaign website at: http://www.JanisSharp.com

The UK Supreme Court Judgment in the case of Ian Norris, the former head of Morgan Crucible plc, has been published and is available online:

Norris (Appellant) v Government of United States of America (Respondent) (.pdf)

The Times reports: Industry chief loses six-year US extradition battle

This case yet again shows how the Extradition Act 2003 makes it, in practice, impossible for Judges to apply the Human Rights Act / European Convention on Human Rights Article 8 (""Everyone has the right to respect for his private and family life, his home and his correspondence.") to appeals in Extradition cases.

However they seem happy enough to do so, in cases of Expulsions or Deportations under Immigration laws or for convicted foreign nationals.

This is bad news for the Gary McKinnon case, which is to be Judicially Reviewed in May.

For no good reason the UK Supreme Court Law Lords also seem unwilling to defend British sovereignty, in cases, like that of Ian Norris or the NatWest 3 bankers (referred to as the Bermingham case in this Judgment) or, of course, Gary McKinnon, where someone could be been tried in a British Court, rather than a United States one.

67. Extradition proceedings should not become the occasion for a debate about the most convenient forum for criminal proceedings. Rarely, if ever, on an issue of proportionality, could the possibility of bringing criminal proceedings in this jurisdiction be capable of tipping the scales against extradition in accordance with this country's treaty obligations. Unless the judge reaches the conclusion that the scales are finely balanced he should not enter into an enquiry as to the possibility of prosecution in this country.

Why ever not ? There is no universal principle of international law that demands this at all, and many countries do not allow extradition of their nationals to foreign jurisdictions under any circumstances - they conduct a trial in the home country.

Th Register reports:

McKinnon gets a date for 'final' appeal

May appointment with destiny

By John Leyden

Posted in Law, 22nd February 2010 09:54 GMT

Pentagon hacker Gary McKinnon and his legal team have been given three months to prepare for a judicial hearing on whether the Home Secretary proceeded correctly in allowing extradition proceedings to proceed in spite of dire medical warnings.

A judicial review will consider the strength of medical opinion that the Asperger's Syndrome sufferer was likely to crack under the strain of a US trial and likely imprisonment.

The date of a two day hearing before two senior judges has been set for 25 and 26 May, McKinnon's mum said last Friday. A ruling can be expected to follow two weeks or so later, by which time a general election will almost certainly have taken place. If opinion polls are to be believed, this is likely to leave Britain with a new government, a factor that may well play to McKinnon's favour. The opposition Tories have tabled debates against the US-UK extradition treaty calling for its reform, in support of McKinnon.

[...]

Remember that this Judicial review will not cross-examine any of the allegations, including the vastly over-inflated claims about "financial" damage, or any actual witnesses or evidence against gary.