High Court certfies two points of law for the House of Lords to consider in the Gary McKinnon extradition to the USA case.

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The Administrative Court (one of the High Courts) has certified two questions on points of law, for the House of Lords (the highest Court in the the United Kingdom) to consider.

The House of Lords is not automatically bound to consider this final appeal, e.g. they chose not to do so in the case of the the NatWest 3 bankers

Media statement from Gary's solicitors Kaim Todner:

We are pleased to report that the Administrative Court have certified two questions of being of public importance in the case of Gary McKinnon. These questions relate to the diplomatic note confirming that Mr McKinnon will not be treated as a terrorist under Military Order No. 1 by the American Government and secondly the conduct of the American Government in offering Mr. McKinnon a plea bargain but only on the basis that if he did not accept it he would subsequently not be repatriated if extradited to the USA.

We will now be applying for leave to the House of Lords for these points to be argued in full.

Kaim Todner LLP

5 Comments

I went to Babar Amadh's web-site and I couldn't locate a Haroon Rashid Aswat. fg should be commended for making us aware of others sharing Gary's plight. Unfortunately, Babar doesn't have a link to Free Gary.

I'm just about finished reading the book entitled: BLACK FEMINIST THOUGHT and fg seems to be aware of the concept of the matrix of intersecting oppressions that involve: sexism, genderism, racism, classism, ageism, and nationalism. Without fg lecturing, by reminding us of and putting links to Babar and others, this web-site is making things better for all of us. It's similar to that T.V. commercial that goes something like: "First they came for the Jews and I did nothing, then they came for the homosexuals and I did nothing, then they came for the Gypsies and I did nothing, then they came for the Catholics and I still did nothing because I wasn't a Catholic, then they came for me and there was no one left to help me." Babar, wake up, put a link to Free Gary. Gary is not of the oppressor, just because he's not the same as you.
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Here's something really wierd. During the '50's, a mind control technique called Subliminal Seduction was developed. An author by the name of Vance Packard wrote a book on it. Essentially, a phrase such as "buy candy" was flashed onto movie screens and Television screens, too fast for viewers to be conscious of. But nevertheless, this message was perceived by the viewer and it acted as a post-hypnotic suggestion causing some viewers to go to the concession stand and buy candy. Instead of words, pictures of a parched desert would also be flashed on the screen, too fast to be concious of, yet causing some viewers to purchase soft-drinks. Later, frightful subliminal pictures were flashed, causing fear in viewers, in order to enhance the movies and T.V. shows that the viewers were concious of watching.

The BBC just had an article about flashing lights on a T.V. screen, the Olympic logo to be precise, causing epileptic fits in some viewers, on Tuesday 5 June 2007

http://news.bbc.co.uk/2/hi/uk_news/england/london/6724245.stm

Everyone knows about using moving patterns and lights in order to induce a hypnotic trance. Instead of the C.I.A. using a Skinnerian Behavioural technique of alternating schedules of re-inforcement, which can be quited boring, on Gary when he unknowingly connected over the Internet to the Mother of All Bio-feedback machines - a main-frame computer the size of an aircraft carrier - the C.I.A. who were monitoring Gary's entries into U.S. government computers, may have transmitted subliminal messages and flashing lights
to Gary's computer in order to induce hypnotic trances and plant post-hypnotic suggestions in its mind control attempt on Gary.

In other words, Gary's mind contains the post-hypnotic suggestion that the intelligent female N.A.S.A. scientist in Building Eight, who confided in him that N.A.S.A air-brushes photos of U.F.Os. is really a frightful alien. When or if British Intelligence tries to de-brief Gary using hypnosis, in order to find out what the Americans did to Gary over the Internet, they'll be blocked by the post-hypnotic suggestion that the scientist is really an alien. All other avenues of inquiry into Gary's mind are connected to this fear inducing post hypnotic suggestion and will cause British Intelligence to stop the inquiry because of the severe physiological affect that Gary will exhibit.

Gary is certainly not aware of the full extent of C.I.A's. successes in crawling into his head. I hope that his psycho-therapist can figure out what went on in there.

@ Honeybear - the cases of Babar Ahmad and Haroon Rashid Aswat are not really linked at all, but their Appeals have been considered by the legal system together

See their Appeal Court judgement back in November 2006:

http://www.bailii.org/ew/cases/EWHC/Admin/2006/2927.html

and compare it with Gary McKinnon's in April 2007:

http://www.bailii.org/ew/cases/EWHC/Admin/2007/762.html

You can see that the questions of law considered by the Appeal Courts (still nothing to do with any actual , even prima facie evidence against any of these people) about Military (commission) Order No. 1 and unsigned diplomatic notes is the same in both cases.

fg -


I printed out both Appeals Court judgements and will read them forthwith. The U.S. Federal government stopped my Dept. of Vet. Aff. pay on Nov. one of last year because I'm a dissident - they broke all of their rules and regulations, that's my proof. I'm behind in my rent and the natural gas, water, and electricity have been cut off, forcing me to spend $5.00 an hour at the local computer store in order to go online. So, I'll read the print-outs at the local McDonald's restraurant - every cloud has a silver lining.


Just looking at the title of Gary's appeal demonstrates almost everything about Gary's case is wrong. For example, it states:


Between:


Gary McKinnon
Appellant

- and -

Government of the USA
Secretary of State for the
Home Dept
Respondents


========================================================


There is no U.S. Home Dept. I read about cases in America being thrown out for misspelling by one letter, the name of a defendant. Of course, Gary wants his appeals to be heard and if his U.K. lawyers are responsible for making up a Home Dept., he'll remain silent. But, there's some very suspicious aspects to Gary's case.


Another thing, every nation's intelligence service would de-brief one of its citizens who had, during the course of one to two years, attempted to obtain information from the military and intelligence services of a foreign country. The main reasons for doing so would be to learn how the foreign intelligence service fed Gary false information, the names of the people in the foreign intelligence service who came in contact with Gary, and the other ways that the foreign intelligence service handled Gary. Furthermore, British Intelligence would want to know if the foreign intelligence service had any foreign operatives meet Gary in London - not necessarily American or British citizens, but probably some foreign national working for the C.I.A.


Another thing is, the Americans are keen on mind control. Gary's interaction with American intelligence over the Internet is made for mind control. British Intelligence would know that the Americans want to de-brief Gary in person; either in Britain or America in order to obtain feed-back on their special project - GARY. In the real world British Intelligence wouldn't give away a valuable assest like Gary unless they know what the Americans did or have America's assurances that Her Majesty's Government will receive copies of Gary's de-briefings and interrogations in the U.S., during the next 70 years.


I'll bet you everything I own that British Intelligence keeps Gary, there's so much they don't know. Ask John La Carre (Cornwall) or that Sleles character from M.I.5 who fled to France and then return to the U.K. a few years ago. It's called trade craft or stupidity bordering on treason.

@ Honeybear - "The Secretary of State for the Home Dept." refers to the British Home Office (or "Ministry of InJustice"), and to the UK Cabinet Minister in charge of it the Home Secretary , currently the ex-hardline Communist John Reid, who is conducting the notorious Extradition proceedings according to the Extradition Act 2003 not to the US Department for Homeland Security, who have nothing to do with Gary's case.

Gary McKinnon is not an agent of any intelligence agency whatsoever - even the US authorities accept that, otherwise the charges against him would have included espionage, which they do not.

fg,

Gary is not a British Intelligence Agent (B.I.A.).

Gary is an Intelligence Asset (I.A.) Gary's brain (the physical brain as well as his mind (black box)) contains a record of the C.I.A's. mind control conducted on him.

M.I.6 is in charge of foreign intelligence. They would be stupid beyond description to give Gary to the Americans because Gary's brain contains alot of information about American intelligence and military that he saw when he penetrated American computers. Names he saw and a host of other info. Sources and Methods. They want Gary so that he never gives up what he saw.

Even if Her Majesty's Government has assurance that it will receive copies of all of Gary's debriefings and interrogations during the next 70 years, I cringe thinking about a 110 year man, strapped into his wheel-chair and having needles stuck under his finger-nails.

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Gary McKinnon is facing extradition to the USA under the controversial Extradition Act 2003, without any prima facie evidence or charges brought against him in a UK court. Try him here in the UK, under UK law.

Write in support of Gary

If you feel strongly enough that Gary McKinnon should not be extradited to the USA, but should be tried here in Britain, then there are various people you can write to.

Firstly you can write to us here at info@freegary.org.uk. We will pass your messages of support on to Gary, and publicise this support to the media and to the politicians.

You can post anonymously here on this blog, but please be polite. Alternatively you can send us emails, but if you want a reply and the latest news, then you need to use a valid email address.

You can write to your Member of Parliament via WriteToThem

If your Member of Parliament has not already done so, then please ask them to sign

Early Day Motion 2388 sponsored by David Burrowes MP

(Previously, EDM 241 sponnsored by the then Conservative MP and now Mayor of London, Boris Johnson, also gathered a large number of MP's signatures opposed to the unfair Extradition Act 2003 and the Extradition Treaty with the USA).

You can also write to David Blunkett Charles Clarke John Reid Jacqui Smith Alan Johnson Theresa May who is now the 6th Home Secretary who has had the responsibility for Gary McKinnon's extradition case:

You can send an email public.enquiries@ homeoffice.gsi.gov.uk or a letter to:

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

Write to US President Barack Obama

WhiteHouse.gov - the official website of the President of the Umited States of America, Barack Obama.

"President Obama is committed to creating the most open and accessible administration in American history. To send questions, comments, concerns, or well-wishes to the President or his staff, please use the form below:"

Contact the White House web message form.

Please use this form to remind them just how counterproductive, and damaging to US national interests, especially to their supposedly changed international reputation, putting Gary McKinnon on trial in the USA would be.

Extradition Watch

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Extradition Watch campaign to reform the Extradition Act 2003 by Liberty Human Rights .

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You are free to condemn Gary McKinnon's past stupidity, and to highlight the need for appropriate, proportionate criminal justice, all of which Gary accepts.

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Recent Comments

  • Honeybear: fg, Gary is not a British Intelligence Agent (B.I.A.). Gary read more
  • fg: @ Honeybear - "The Secretary of State for the Home read more
  • Honeybear: fg - I printed out both Appeals Court judgements and read more
  • fg: @ Honeybear - the cases of Babar Ahmad and Haroon read more
  • Honeybear into Butchers' Blend: I went to Babar Amadh's web-site and I couldn't locate read more

Photos of Gary

Gary_McKinnon_150_min.jpg

Gary_McKinnon_Bow_Street_Magistrates_24_Nov_2005_600.jpg Gary McKinnon outside Bow Street Magistrates' Court, London, 24th November 2005

Bow_Street_Magistrates_Gary_McKinnon_24_Nov_2005_600.jpg Gary McKinnon outside Bow Street Magistrates' Court, London, 24th November 2005

Gary_McKinnon_Janis_Sharp_15Jan2009_150min.jpg Gary McKinnon and his mother Janis Sharp at the Doughty Street Chambers press conference 15 January 2009

Gary McKinnon and his mother Janis Sharp at the Doughty Street Chambers press conference 15 January 2009 (click the image for a larger version in a new window)

gary-janis-mayday_150.jpg Gary McKinnon and his mother Janis Sharp at the May Day Bank Holioday 2010 balloon release event event near the Houses of Parliament

Gary McKinnon and his mother Janis Sharp at the May Day Bank Holiday 2010 balloon release event event near the Houses of Parliament (click the image for a larger version in a new window)

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Gary McKinnon is facing extradition to the USA under the controversial Extradition Act 2003, <strong>without any prima facie evidence</strong> or charges brought against him in a UK court. Try him here in the UK, under UK law.

Gary McKinnon is facing extradition to the USA under the controversial Extradition Act 2003, without any prima facie evidence or charges brought against him in a UK court. Try him here in the UK, under UK law.

Thanks to Putfile.com for hosting one of these links locally on their servers. The over half a million hits this site took in 24 hours when they were linking directly, is welcome publicity, but was costing us a lot of bandwidth !

About this blog

This blog website is intended to support British citizen Gary McKinnon, who is facing "fast track" extradition to the USA (after over five six seven eight nine years since his initial arrest !). Gary was indicted by a US court in November 2002, accused of "hacking" into over 90 US Military computer systems from here in the UK. The unjust treatment of British citizens (and others) when facing the might of the US Military "justice" system, which practices detention without trial in Guantanamo Bay and elsewhere, and stands accused of making use of torture by allied regimes ("extraordinary rendition") is an ongoing scandal. It cannot be excused even by a "war on terror". It seems only just that Gary should face any charges in a British court, and to serve any sentence, if he is found guilty, in a British prison.

Email Contact

Please feel free to email us your views about this blog, or news about the issues it tries to comment on:

info@freegary.org.uk

Download our PGP Public Encryption Key, if you want to make use of it to send us anything confidential.

N.B. Gary McKinnon was "not allowed to use any computer connected to the internet", as part of his bail conditions.

Is anyone more likely to have any email accounts he dared to use, monitored by the UK and US authorities ?

If you are a tv or radio or print journalist, or a freelance writer or documentary film maker, wanting to interview Gary, please include some full contact details and a contact phone number, and we will pass on your request to Gary's family.

Follow Gary's mother on Twitter

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Gary McKinnon's mother, Janis Sharp is indefatigable in support of her son, and is now using Twitter to help to keep friends and supporters informed. You can follow her "tweets" at:

https://twitter.com/JanisSharp/

https://tweetstorm4gary.wordpress.com/ #TweetsStorm's in support of Gary Mckinnon.

Media Links and Videos

Links to media interviews and video clips about Gary McKinnon's extradition case, featuring Gary, his mother Janis Sharpe and other supporters, can be found at:

http://www.londontv.net/latestnews.htm

Petitions in support of Gary McKinnon and others

Several people have expressed interest in "signing a petition" in support of Gary's plight.

N.B. the anti-road pricing / snooping petition on the Number 10 Downing Street website achieved 1,791,942 signatures, but this was rubbished and ignored by the Labour Government under Tony Blair, so do not expect too much of what will inevitably be much smaller petitions in support of Gary McKinnon.

This PledgeBank Pledge (not quite the same as a traditional petition), resulted in lots of people actua;lly taking the time and trouble to write to the then Home Secretary John Reid - so many that the Home Office stopped sending back indfividual replies.

http://www.pledgebank.com/FreeGary

This Pledge closed on 8th June 2006, and attracted 745 pledge signatures.


People have petitoned the Prime Minister (Tony Blair):

http://petitions.pm.gov.uk/ GaryMcKinnon/

We the undersigned petition the Prime Minister to Stop the extradition to the US of accused hacker Gary McKinnon.

This petition closed on 27 August 2007 with 876 Signatures.


There is a petition on a web petitons site, which is open for signature:

Stop the extradition of Gary McKinnon to the United States

We the undersigned urge Gordon Brown and the UK Government to consider the evidence and if appropriate prosecute Gary McKinnon, an Asperger Syndrome sufferer, in UK courts rather than allow him to be extradited to the US for offences relating to accessing US Government computers in 2001.


There is another current No 10 Downing Street website Petition to the Prime Minister (Gordon Brown):

http://petitions.number10.gov.uk/US-extradition/

We the undersigned petition the Prime Minister to Scrap the US/UK extradition treaty


Another Petiton (August 2009): Sign up 4 Gary McKinnon:

We, the undersigned, call on the Prime Minster Of the UK and Alan Johnson and the UK Government, for Gary to be tried in the UK- FREE GARY.

Petition to Stop the Gary McKinnon extradition to the United States (November 24th 2009)

We the undersigned urge Gordon Brown and the UK Government to consider the evidence and if appropriate prosecute Gary McKinnon, an Asperger Syndrome sufferer, in UK courts rather than allow him to be extradited to the US for offences relating to accessing US Government computers in 2001.

Blog Links

Spy Blog - Privacy and Civil Liberties commentary and campaigns

Rat's Blog - The Reverend Rat comments on London street life and technology

Dr. K's blog - Hacker, Author, Musician, Philosopher

Legal Links

Kaim Todner - solicitors

November 2002 Grand Jury Indictment (.pdf)

November 2002 Grand Jury Indictment with all the "censored" IP addresses revealed by "cut and paste".

Virginia Indictment - November 2002 Department of Justice press release

New Jersey Indictment - November 2002 Department of Justice press release

New Jersey indictment - full text

Military Commission Order No. 1 (.pdf) - signed by President George W. Bush, March 21st 2002.

Extradition Act 2003

Computer Misuse Act 1990

Read the Foreign & Commonwealth Office official online  and printed copies of the unbalanced USA - UK Extradition Treaty - it even uses American English words and spellings e.g "offenses" and "authorize" ! Extradition Treaty between the UK and the United States of America with Exchange of Notes Presented to Parliament: June 2007 (.pdf)

Statewatch's analysis of the civil rights defects in the UK-US Extradition treaty

Oral Evidence on UK-US Extradition Treaty given to the House of Commons Select Committee on Home Affairs on 22nd November 2005 given by Senior District Judge Tim Workman; Ms Sally Ireland, Senior Legal Officer, JUSTICE; Andy Burnham MP, Parliamentary Under-Secretary of State, Home Office

International Extradition Blog - by McNabb Associates a law firm that specialises in international extradition cases.

The Appeal Court Judgement issued on 3rd April 2007 is now online via the BAILII database

The House of Lords Judgment - 30th July 2008:

McKinnon (Appellant) v Government of the United States of America (Respondents) and another

Gary McKinnon's statement to the Director of Public Prosecutions, January 2009, published by Computer Weekly: US took 39 months to demand McKinnon's extradition.

McKinnon v Secretary of State for the Home Department [2009] EWHC 170 (Admin) (23 January 2009) - Oral Hearing which allowed a Judicial review on the Asperger's Syndrome aspects of the case, to be held some time after 16th March 2009

Computer Weekly have published Crown Prosecution Service Review Note 3, which explains some of the reasons why the CPS found insufficient evidence to prosecute Gary in the UK, including some inadmissable hearsay, and doubts that some of the alleged computer foresnic evidence was up to the ACPO guidlines for ensuring an untampered chain of evidence, and doubts about the unproven amount of alleged financial damage being claimed.

The British and Irish Legal Information Institute have published the text of the two combined Judicial Review Judgments made against Gary McKinnon which were handed down on Friday 31st July 2009:

Lord Justice Stanley Burnton and Mr. Justice Wilkie's refusal to allow Gary McKinnon's case to be certified to go up to the Supreme Court on appeal,handed down on Friday 9th October 2009.

McKinnon, R (on the application of) v Secretary of State for Home Affairs [2009] EWHC 2449 (Admin) (09 October 2009) URL: http://www.bailii.org/ew/cases/EWHC/Admin/2009/2449.html Cite as: [2009] EWHC 2449 (Admin)

Other Links

London 2600 - open monthly meeting which discusses IT Security and Technology etc., from both sides of the fence.

Egypt 2600 - just like London 2600, but in Egypt, also interested in the Gary McKinnon's case.

School of the Americas Watch - information on the notorious "School of the Americas" renamed to the "Western Hemisphere Institute for Security Cooperation" in Fort Benning, Georgia.

The Disclosure Project serious research about possible UFOs

Wikipedia entry for Gary McKinnon - has links to several media interviews etc.

Scottish Human Rights website inspired by thinking about Gary McKinnon's case, and realising that similar things could so easily happen to you. The law in Scotland is somewhat different from the rest of the United Kingdom.

free_babar_ahmad.jpg
Free Babar Ahmad - another British (Muslim) IT worker, also facing extradition to the USA, also at risk of a Military Tribunal.

FriendsExtradited.org - campaign support for the Enron / NatWest 3 bankers - David Bermingham, Giles Darby and Gary Mulgrew facing extradition extradited to the USA for alleged crimes committed in the UK.

Stop the Extradition of Sean Garland - an Irish Republican politician arrested in Belfast, also facing extradition to the USA for alleged crimes committed in the UK or in Russia.

www.notoextradition.co.uk - petiton Labour MPs to support the amendments to the Extradition Act 2003 passed by the House of Lords to the Police and Justice Bill, when it comes before the House of Commons at Report Stage on the 9th and 10th of October 2006. About 50 Labour MPs are required, as all of the Conservatives, Liberal Democrats and most of the other minor Opposition parties are committed to support these amendments.

Howes Family Extradition Fight - amother extraordinary extradition case to the USA.

Financial appeal to sue the UK Government - Ross Hemsworth, an online radio presenter of paranormal and UFO investigations, is trying to taise £5000 to initiate legal proceedings, with the help of top human rights law firm Bindmans LLP, against the Home Secretary, to "challenge the government's refusal to review the unjust and one-sided extradition treaty with the USA."

www.garymckinnon.tk - support website for Gary McKinnon by Ed Johnson.

Gary the musician

Gary McKinnon is, amongst other things, a musician and songwriter.

You can download a couple of his songs from the low budget film Lunar Girl which was produced in 2001.

The video from this film of Only Fool, still available on YouTube, was very popular on MySpace, until it got censored.

How not to research a thesis on Gary McKinnon

This blog tries to be helpful to journalists, documenatry film makers, book researchers etc. who are researching the background of the Gary McKinnon extradition story.

For those academic thesis supervisors using search engines or academic plagiarism detection tools, here is an example of how not to "research" a thesis or dissertation about the Gary McKinnon extradition case.

See the comments by "Eye4Lies" in the comments on starting at House of Lords Judgment against Gary McKinnon now online and again at European Court of Human Rights to hear Gary McKinnon's application against extradition to the USA on 28th August 2008