Gary McKinnon faces Bow Street Magistrates' Court extradition hearing today

Gary McKinnon will be facing a District Judge, at Bow Street Magistrates' Court later today, Wednesday 27th July 2005. The hearing is scheduled to start around 10:30am, but this obviously depends on how long it takes to deal with other cases.

Speculation as to what might happen:

a) The Judge could decide to dismiss the extradition request. If there is sufficient evidence , the UK authorities could charge him under the Computer Misuse Act 1990, but probably not immediately.

b) The Judge could accede to the extradition request. He would have to have received written assurances from the US Government regarding no possability of a death penalty. The next stage would then be a decision from the Home Secretary nominally within 60 days. There could also be an appeal to the High Court.

c) More delay, in the light of the postponment of the Babar Ahmad decision until September awaiting further legal advice on the United States Military Order of November 13, 2001
Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism
signed by President Bush, authorising the use of Military tribunals, Guantanamo Bay etc. and death penalty issues.

Conceivably, although Gary is not facing terrorism charges, he is accused of "attacking" the US military directly, something which none of the British Guantanamo Bay detainees were accused of. The Military Order also covers:

" (a) The term "individual subject to this order" shall mean any individual who is not a United States citizen"

and who

"there is reason to believe that such individual, at the relevant times,"

"has engaged in, aided or abetted, or conspired to commit,"

"or have as their aim to cause, injury to or adverse effects on the United States, its citizens, national security, foreign policy, or economy"

"with the penalties provided under applicable law, including life imprisonment or death."

If the legal extradition process does proceed, it should do so without the stupid restriction on Gary's use of "any computer connected to the internet" as part of any bail conditions.

We wish Gary the best of luck, he will need it.