The Home Office now says that the Home Secretary does have the power to stop the extradition of Gary McKinnon to the USA

| 6 Comments

This Parliamentary Written Question , by Andrew MacKinlay MP, one of the senior Members of Parliament who attended the demonstration in support of Gary McKinnon at the Home Office, is interesting:

HC Deb, 7 January 2010, c518W

Extradition: USA
Home Department

Written answers and statements, 7 January 2010


Andrew MacKinlay (Thurrock, Labour)

To ask the Secretary of State for the Home Department whether his duty to assess the appropriateness of extraditing persons to the US in relation to health grounds applies (a) at the time of the receipt of the US application, (b) at the time of proceedings in the UK and (c) at the time immediately before the extradition takes place; and if he will make a statement.

Meg Hillier (Parliamentary Under-Secretary, Home Office; Hackney South & Shoreditch, Labour)

holding answer 6 January 2010

In the scheme of the Extradition Act 2003, it falls to the courts to determine whether health factors raise a barrier to a person's extradition. However, the Home Secretary has an implied power to withdraw an extradition order where, exceptionally, a new matter arises subsequent to the completion of all proceedings under the Act but before extradition takes place. The basis for this implied power is section 6 of the Human Rights Act 1998, which renders it unlawful for the Home Secretary, as a public authority, to act in a way which is incompatible with a Convention right.

Presumably this Parliamentary Written Answer is the latest considered view of the Home Office's legal advisors.

This rather contradicts Home Secretary Alan Johnson's earlier testimony in front of the Home Affairs Select Committee, where he did his Pontius Pilate like shrugging of shoulders, claiming that he had no power to intervene and stop the extradition of Gary McKinnon to the USA.

6 Comments

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http://www.nas.org.uk/nas/jsp/polopoly.jsp?d=471

The U.S. is just another foreign country whose influence they expect to be accepted outside their borders, but as with any other country, they can be closed off. Don't set up a sacrificial lamb in the form of Gary McKinnon. He did the yanks a favour by showing them flaws in their system, he should be paid as a consultant by them. Besides whatever happens to the yanks is their own fault and they deserve whatever they get and everything that happens to them. Payback is sweet, and they truly do deserve it.

Comrade Citizen Robert, I'm a yank, but I don't deserve retaliation for my government's kidnapping and torture of Arab or Muslim taxi drivers who were falsely accused in order to receive a bounty. We behave better than the bad guys, we live by the rule of law. That's Gary's only hope too, as you can see below.

Because Gary is protected by British law and conventions of the European Union against inhumane treatment, his lawyers should file
another appeal pointing out that if Gary is tried in the U.S., he's in danger of being sentenced to 60 years in prison. Yet, in the
Soviet Union during Stalin's reign of terror, no one could be sentenced to more than 25 years. Stalin, as Gary's supporters should know, at one time had 21,000,000 people in prisons of various descriptions, had starved to death 20,000,000 Ukranians, and had killed everyone in the U.S.S.R. who he wanted dead. But, no one could be sentenced to more than 25 years in prison. Not only that, but sentences were concurrent. German citizens who were guards at the death camps, members of the S.S. and S.D., or officers in the German military, who weren't executed, were sentenced to no more than 25 years, as well; even though German Nazis had murdered millions of Russians. Some of those German Nzis were sentenced to less than 25 years. (SEVEN THOUSAND DAYS IN SIBERIA, Karlo Stajner, 1958, 1971, and 1988, Farrar, Straus and
Giroux, Inc.: New York, New York, U.S.A.)

Even if Great Britain and the E.U. have not determined a specific number of years in prison, beyond which, would be a violaton of Gary's human rights, the fact that a monster like Stalin could not imprison anyone for more than 25 years, should prevent Gary's extradition. Pointing out the difference between 25 years and 60 years would not be America-bashing. It'd be common sense and decency.

After reading the book, I know that President Bush (under who's administration Gary was targeted) is either a Stalinist or took the
worst of Nazi Germany and Stalin's Russia and made the U.S. what it is today. Inspite of the wild allegations about the Bush family being neo-Nazis; especially Prescott who traded with Nazi Germany even after the U.S. declard war and had to be shut down by the F.B.I., Gary will be coming to a Stalinist America. The U.S.S.R.
had military tribunals with the same rules and procedures that America's military tribunals of today have. Stalin's Russia and the U.S. post-9/11 share so many features as shown in the book,
that at first, I thought the book had been edited into a work of propaganda for a post-9/11 American audience. All of Gary's supporters, especially Europeans must read this book and if Gary is convicted at an American trial, the 25 versus 60 year difference should be the matter of appeal all the way to the Supreme Court. 60 years will be a violation of Gary's Constitutional protection against cruel and unusual punishment.

Gary's matter involves an attack on the legislative and judicial branches of the British government. The U.S. government stated that British courts would not deal harshly enough with him (a matter involving the judiciary). The extradition treaty which was written specifically for him is one-sided (a matter involving the legislature). Security of computers at U.S. government bases that Gary penetrated, involves private corporations
(Non-Governmental Organizations: N.G.Os.; the "Hidden Hand"). It's obvious that security was deliberately compromised by private
security firms in order to allow just enough "damage" to bring charges against him. Whenever he was in the Pentagon computers he
noticed hundreds of other penetrators. But he (a British subject) is the one who has been singled out for special treatment. The
implication is that Britain's Intelligence and police agencies, to wit: MI5, MI6, a Special Branch, and Scotland Yard are incompetent
to deal with situations like this and the matter should be turned over to the Americans. This weakens the "Special Relationship" between the U.K. and U.S.; exactly what the "Hidden Hand wants."

During the course of Gary's ordeal, information has been leaked to the press that British military (a matter involving the executive)
leaders in Afghanistan and Iraq had complained up the chain of command which is headed by the U.S. that their requests for support during fights with the Resistance, Taliban, and Al Qaeda were sometimes unsatisfactorily met. This implies that the British are whiners and not up to snuff. This weakens the "Special Relationship." The same "Hidden Hand" plays a big role there.

The U.S. completely dominates the Carribean and petroleum is at the top of American strategic interests. But a British company, British Petroleum (B.P.) there at this very moment has been splashed all over the world press as experiencing some difficulties with an oil operation that is threatening America. Private American security corporations are deeply involved there and employ many ex-Navy S.E.A.Ls. who are trained in sabotaging oil operations. B.P. was set up just as Gary was set up. They were both given the go-ahead to bend the rules. All in order to weaken and eventually sever the "Special Relationship" by fooling Americans into thinking that Britain doesn't work and should be put back on the shelf. Little does the world know that it's a case of "Dirty Deeds They're Done Dirt Cheap."

Corporations control the U.S. government. Although they can have their public servants out-source many of the functions that government traditionally performs, they're still in competition with government organizations such as the C.I.A., Department of Defense, Bureau of Prisons, F.B.I., etc. They can't directly
replace a large bureaucracy such as the C.I.A., at this time. So, they whittle away around the edges. It's a lot easier for a private American security firm to replace MI6, the M.O.D., and
other parts of the "Special Relationship" that have "proven" insufficient for America's needs. Even the U.S. military and Intelligence services can't get the job done by themselves, supposedly.

Gary has been a pawn from the beginning. I've been exposing his exploitation from the beginning. Within the next 10 years the
C.I.A. will be replaced by a private security firm, maybe the same one that gave Gary a "green light" to go into the Pentagon's computers. Twenty years from now the whole U.S. government will be replaced by N.G.Os. and it couldn't have been done without Gary.

Ooops! It's the Gulf of Mexico, not the Carribean Sea. But, on the other hand, John Cleese was in a recent James Bond movie and I always thought Monty Python's Flying Circus was a documentary. Is this why I can't find a job?

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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This blog operates a reasonably tolerant blog comments policy.

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.

Please try to be polite (although you will not be banned simply for the odd expletive).

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Recent Comments

  • Space Cadet Honeybear: An article about Gary just today. http://www.henrymakow.com/von_braun_beware_fake_alien_th.html read more
  • Honeybear: Ooops! It's the Gulf of Mexico, not the Carribean Sea. read more
  • Secret Agent Honeybear (A Double 00): Gary's matter involves an attack on the legislative and judicial read more
  • Comrade Citizen Honeybearovitch: Comrade Citizen Robert, I'm a yank, but I don't deserve read more
  • Robert Dallen Sands: The U.S. is just another foreign country whose influence they read more
  • Sian: Hi I think that you should refer a link on 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 ten 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. N.B. With the good news that Gary will not now be extradited to the USA, this blog will continue to raise awareness of the issues raised by Gary's case and others who have suffered unjustly through the UK's one sided extradition arrangements with the USA and to a lesser extent, Europe.

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.

Gary McKinnon offers Search Engine Optimisation

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Gary McKinnon is now offering low cost Search Engine Optimisation services

SmallSEO.co.uk

@Gary_SmallSEO

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