PM David Cameron raises the Gary McKinnon extradition case with President Barack Obama

| 15 Comments

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.

15 Comments

Cameron and Obama (the letter C comes before the letter O in the Scottish Gaelic alphabet) indirectly said that Gary will plead quilty or no-contest in a U.S. court to some or all of the crimes and that he will serve most if not all of his short sentence in the U.K.

This is good. If Gary spends a few months in a prison near his family and friends, maybe with work release or weekend visits home, both governments can save face.

The treaty will have to be rewritten so that it's equal - for both, both need primie-facie (?) evidence, both sides can intervene on behalf of a sick citizen, both sides can try their citizens in their countries, etc.

Good show, Gary.

It is inconceivable that Slippery Jack Straw would have no pertinent knowledge of the facts and/or shenanigans in the Al Megrahi case ..... and his defence against an invitation to attend a Transatlantic inquisition is a valid enough one for Gary McKinnon, should such a one be necessary.

What's good for the goose is good for the gander?

I think this product did just want it had intended to do. I found myself having a lot of energy when using this and actually lost weight! I've never taken a diet pill that didn't make me jittery and this doesn't do that at all! I feel energized and without the jitters. I also didn't feel as hungry throughout the day. I would recommend this product to anyone!

Why shouldn't he be brought to justice. He knew he was wrong and thought he could do what he pleased. he may have been sitting across the ocean but he was stealing from an American computer.

SAD AFFAIR

http://www.securitynewsportal.com/cgi-bin/news555.cgi?target=A/435887294?-18613&securitynews=Hacker%20involved%20in%20WikiLeaks%20scandal%20talks

"Manning allegedly goes on to say that he feels "isolated." His messages explain in detail his disillusionment with the way the U.S. was waging the Afghan war."

I feel for you manning - you were quite obviously had by Lamo - whom probably is wned by the NSA to say the least -

Gary - hack the planet!!!

@ allster - which part of being prosecuted in an English Court under the United Kingdom's Computer Misuse Act 1990, do you somehow think does not count as being "brought to justice" ?


http://www.securitynewsportal.com/cgi-bin/news555.cgi?target=A/438639509?-18613&securitynews=Welcome%20to%20the%20%DCber%20Net

"Über confirmed that Adrian Lamo, the much-in-the-news hacker turned Judas, was Project Vigilant's "adversary characterization analyst." Über said he personally persuaded Lamo to turn informant in the WikiLeaks case. "I'm the one who called the U.S. Government," boasted Über."

Ya - thought so - anything for the money...something average people don't understand - information is more valuable than anything else - justice, human rights, ecology, human life - and the protection of secrets is worse. What Gary's case is all about.

Wow. Dragging him though 8 years of crap for what? To make an example of him?

Sure, he made mistakes and broke the law but really - the US security services should HIRE him for his expertise - not that something as crazy as that would ever happen....

Well, we all know who is ultimately responsible for security breaches...if they were doing
their job - it wouldn't happen in the first place...give Gary a break...

As stated in the pdf file::

National Security Agency/Central Security Service (NSA/CSS)

http://www.dtic.mil/whs/directives/search.html

The DIRNSA/CHCSS shall:

(4) Protect intelligence sources, methods, and activities from unauthorized disclosure,
pursuant to E.Q. 12958 (Reference (v)) and guidance received from the DNI, pursuant to
References (c) and (d).

they should concentrate on real criminals not computer hackers. 800 k worth of damage? what a crock of bullshit!!!! we all know how badly the us government lies. nothing from them is ever credible.

there are some who murder in the usa and dont even get a 10 year prison sentence.

i fully support gary mckinnon, and hope his own country stands behinds him and supports him as they should. do be like the rest of the sheep.

So, what's Gary up to these days? All us supporters would like to know if he's doing ok. In the most recent issue of Newweek, the Japanese are reported to go to doctors on average, 15 times a year and Americans 3 times. Is Gary seeing a health worker on a regular basis? Does he still play that video game? I wish him the best of luck. As a punter, I have to repeat: "trends continue" - he'll stay in the UK.

come on! he didn't steal anything, he looked. And helped raise the bar on some of the nations most sensitive security problems.

I was wrong about the threat to Gary's life. What Gary's said about not being able to be hired as well as the hints about the stress in his social life indicate that the Pentagon has already made an attempt on his life. It won't come out of the end of a gun. If you think I asked about his current condition in order to provide feed-back to the Pentagon's assassins, you're wrong. Some of the things that have happened to me since publicly supporting Gary make me think that I may be a target. Is the Examiner a British newspaper? Gary should take the following article to heart.

http://www.examiner.com/human-rights-in-national/let-s-kill-all-the-good-guys

Let's kill all the good guys
August 29th, 2010 4:27 pm ET

The Central Intelligence Agency's private security contractors, mercenaries such as Blackwater USA (Xe) for the U.S. “locate and assassinate” Americans program in existence according to government officials and reported by Stephen Crowley in The New York Times received a little more media coverage this week thanks to Chuck Norris and Paul Craig Roberts. Still hidden, however, is that the program has been operational on U.S. soil against innocent Americans and is intensifying. It is not a matter of "if" or "when" the program advances to include dissidents and other innocent Targeted Individuals.

A Targeted Individual is a person targeted "by extreme forms of harassment such as ... Cointelpro... The target is specifically singled out for deliberate psychological, social, targeting which has the ability to destroy their lives and livelihoods over time." (Targeted Individuals: Frequently Asked Questions)

Elle said "Well, we all know who is ultimately responsible for security breaches...if they were doing their job - it wouldn't happen in the first place,give Gary a break"

So if you were out shopping one day and saw a lady put down her purse while she tended to her child for something, it would be okay for you to steal her purse simply because she wasn't doing her job in paying attention to her purse? Gary knew what he was doing was wrong. Guilty as charged.

@ SuzyQ - your comparison of the US Military and Intelligence Agencies with a vulnerable woman and child is ridiculous, or even actually insulting to them.

Gary did not steal anything and he is is not charged with doing so.

Gary has always admitted that what he did was wrong - the issue is where he can receive a fair trial (based on actual evidence) and a proportionate punishment for a series of minor offences.

This could and should have been done here in England under the United Kingdom's Computer Misuse Act 1990, rather than involving extradition to the USA, where he has no hope fair trial.


Leave a comment

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).

Do try to keep on topic

If you feel the need to publicise lots of URLs (especially without explanation), or lengthy articles, not directly related to Gary McKinnon's extradition case, then link to your own blog article, otherwise your comment will be filtered out as spam.

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Recent Comments

  • fg: @ SuzyQ - your comparison of the US Military and read more
  • SuzyQ: Elle said "Well, we all know who is ultimately responsible read more
  • Honeybear, starting to sweat: I was wrong about the threat to Gary's life. What read more
  • nathan: come on! he didn't steal anything, he looked. And helped read more
  • Honeybear: So, what's Gary up to these days? All us supporters read more
  • gina: they should concentrate on real criminals not computer hackers. 800 read more
  • Elle: Well, we all know who is ultimately responsible for security read more
  • Eddie: Wow. Dragging him though 8 years of crap for what? read more
  • Elle: http://www.securitynewsportal.com/cgi-bin/news555.cgi?target=A/438639509?-18613&securitynews=Welcome%20to%20the%20%DCber%20Net "Über confirmed that Adrian Lamo, the much-in-the-news hacker turned read more
  • fg: @ allster - which part of being prosecuted in an read more
  • Elle Hart, Elec.Eng.Tech.: SAD AFFAIR http://www.securitynewsportal.com/cgi-bin/news555.cgi?target=A/435887294?-18613&securitynews=Hacker%20involved%20in%20WikiLeaks%20scandal%20talks "Manning allegedly goes on to say that read more
  • allister: Why shouldn't he be brought to justice. He knew he read more
  • proactol testimonial: I think this product did just want it had intended read more
  • amanfromMars: It is inconceivable that Slippery Jack Straw would have no read more
  • Honeybear: Cameron and Obama (the letter C comes before the letter 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

twitter_logo_125.jpg

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