(December 14, 2012) - NASA hacker Gary McKinnon will not face prosecution in the UK The self-confessed hacker will not now face legal action in the UK following a decision by the Crown Prosecution Service, but the US extradition warrant remains open. for more details from the BBC.
16th was a day of dread
but it turned out to be
a day of Joy for Gary
and his family as Teresa
May, the home secretary,
made a dramatic
statement to Parliament
today - Gary McKinnon
will not be extradited
to the US for terrorist
or any other charges in
connection with his
information in NASA and
Pentagon Computers that
UFOs are real and the
government has spent
quite a lot of time on
the subject contrary to
their public statements.
It was a long ordeal, a
intimidation by the US government that has taken a toll on Gary physically and mentally- His mother Janis Sharp was quoted as saying she was "overwhelmed" after an "emotional rollercoaster" and she said Mrs May had been "incredibly brave" to "stand up" to the US.
a decade is long enough
don't you think, to keep
Gary McKinnon twisting
in the wind with the
threat of extradition to
the US for prosecution
as a cyber-terrorist?-
Jerry sounds off,
sharing his frustration
about McKinnon's fate
with Gary's family and
McKinnon Case Spotlights Impotency of Elected Officials
by Jerry Pippin
(April 12, 2012) - Theresa May, Home Secretary, seems to be igniting the sentiment of key elected officials in the UK and going ahead with extradition of UFO Hacker Gary McKinnon despite a 2009 finding that he was not guilty of an extraditable offense and a Court of Human Rights finding that McKinnon has a condition that is certain he will be harmed by extradition. This case is years old now, why does the USG want McKinnon to be tried on cyber terrorism? Have we reached a point where elected officials no longer can control their own bureaucracy?
The current Prime Minister David Cameron and many politicians have said they favor rejecting the extradition. There is a petition to sign asking for the UK to stop the extradition. CLICK HERE to sign. Or you can send an email directly to the UK at this address. firstname.lastname@example.org
180 Degree Shift in Prosecution of Gary McKinnon (March 28, 2012) - Britain now says he is not in danger of suicide if extradited to US for trial- Family is furious- CLICK HERE for the story from the London Daily Mail.
"I donít see the Obama thing in a negative light as he said it will be a U.K decision which America will respect and accept (and will not challenge). This leaves the U.K Government free to refuse to extradite without worrying about upsetting the U.S and without having to worry about a challenge that would drag on for even more more years."
"I believe the U.K government will soon refuse to Extradite as theyíd look very silly to have had a joint worldwide press conference with our Prime Minister David Cameron and President Obama with only four questions being posed from the press and one of those questions being all about Gary, if they intended to extradite. "
"The expectation in the U.K now is that our Government will refuse to Extradite."
OBAMA PULLS A BUSH- wants McKinnon in US Jail - President Obama refuses to halt Gary McKinnon's extradition - ET whistleblower does not get trial in UK, US wants him in a more fixed justice atmosphere, a place where Uncle Sam wins 95 per cent of all its cases, US Federal Court.
CLICK HERE for Story
Related Link: Janissharp.com
McKinnon's Mother Decides to Challenge Jack Straw for His Seat in the Coming Election!
British politics just got hotter with an unlikely candidate for Jack Straw's Blackburn constituency. Janis Sharp said she blamed the justice secretary for pushing through the extradition treaty with the US.
sent to the
was told he
get a six
now he is
to be tried
which has a
were done by
him on his
Sharp, from Hertfordshire, who intends to stand as an independent candidate, said she believed Labour was responsible for eroding civil liberties.
CLICK HERE for story and video from the BBC.
McKinnon Extradition Delayed until Spring
"We can't believe it and are over the moon. I couldn't stop crying when I heard and Gary couldn't believe it and said he's still in shock. I've always said that all we need is one good person to look at this case for what it is and to say, "Enough is enough." Time to end this and to give Gary his life back again. Maybe Justice Mitting is that man. So pleased, can't explain how much of a relief this 4 is but I know you know. The Judicial Review should be heard around April/May when our election is in full swing, so that's good.
I'm glad 2009 is out of the way, 2010 feels better."
will not be
but if it is
up to the
he will be
7 days -
the US will
as it will
over a story
"It seems to
be that they
the case of
Gary's Mum wrote Jerry this email at 11:02 am CT,11-27-09:
Gary McKinnon was the subject of a piece done for "All Things Considered" by National Public Radio in the US on Friday, August 14, 2009. Correspondent Vicki Barker reports from London on the plight of UFO Hacker McKinnon. He has successfully battled extradition to the US since he was first accused ,shortly after he invaded military computers for the US Army, Air Force and NASA computers in February of 2001. Besides looking for UFO information, McKinnon also was interested in the real story of 9-11 and continued his hacking into 2002.
His Mother, Janis Sharp, has been quoted as saying in effect her son should get a job from the US on prevention of cyber terrorism instead of the US trying to send him to jail. The 43 year old unemployed man is expected to take his case to the European Court of Human Rights. It is not clear how the Obama Administration views his crime and prosecution.
CLICK HERE to listen the story.
it all over
to the US to
NPR's Larry Miller reports from London on the Gary McKinnon decision made July 31, 2009 which says the US can extradite him for hacking into computers to find UFO information.
MP3 Running time: 49 seconds, Windows Media Version
CLICK HERE to read about Gary as presented on NPR today from an Associated Press story.
to sing the
the ears of
News coverage of Chrissie Hynde singing in support of Gary McKinnon to help get his message to Barack Obama's ears. Chrissie along with David Gilmour, Bob Geldof and Gary himself is singing Chicago. CLICK HERE for ITN: Chrissie Hynde and Gary and Janis.
spills over to
with liberal MP
with the US
which came to
light in the
(7-21-09) Janis Sharp is a tireless worker for the "free Gary" movement of her son Gary McKinnon. They expect a decision on his extradition later this month, but she contacted me this morning with this message;
"I'm taking Gary down to RAK studious in London this week to film a video being made for the song Chicago that was recorded by David Gilmour, Sir Bob Geldof, Chrissie Hynde and Gary as an appeal to Obama to cancel the extradition request and asking Obama to stand up in London for our rights and to stand by our side to help us change the World for the better. "
MP3 of song, "Chicago" - Windows Media Version
p.m. Eastern, July 14, 2009- Janis Sharp on her Twitter page
Gary McKinnon will know a decision by the end of
the month on whether he will have to be extradited to
the US. Most viewed today's hearing as the end of the
road, the final curtain for Gary and his case of UFO
inquiries into unauthorized computers at the Pentagon
and at NASA headquarters. He found evidence of a space
force that is top secret and seems to be far ahead of
the regular NASA space program-
I'm now on Twitter, please join me and follow news on Gary/illegal extradition and what we can do to help.
Sting's Wife Trudie Styler was the first follower that joined me on Twitter and Immense respect for her for using her & Sting's fame & name to help us fight this injustice. twitter.com/JanisSharp
12, 2009 - Huge groundswell of support of
Gary McKinnon is sweeping the UK as well as
the world -
I've changed the Lyrics of "Chicago by Graham Nash" as below and will alter them some more. I'm going to try and organise a Huge "Sing In" when Obama is in London at the end of this month and try and get it televised.
We'll all sing "Chicago" and as Obama will be in London and comes from Chicago it has to get noticed and broadcast by the media...and what a Protest song Chicago is!!!
(Link To Melody) http://www.youtube.com/watch?v=8bI_X1GOx6g
So your brother's bound and gagged
And they've chained him to a chair
Won't you please come from Chicago just to sing
In a land that's known as freedom how can such a thing be fair
Won't you please come from Chicago for the help that you can bring
We can change the world rearrange the world
It's dying - to get better
Politicians sit yourselves down, there's nothing for you here
Won't you please stand up in London for our lives
Don't ask jackass to help you cause they'll turn the other ear
Won't you please stand up in London or else join the other side
We can change the world rearrange the world
It's dying - if you believe in justice
Dying - and if you believe in freedom
Dying - let's stand up and fight
Dying - Corrupt Law Interpretations, open up the door
Somehow people must be free I hope the day comes soon
Won't you please stand up in London show your face
From the bottom of the ocean to the mountains of the moon
Won't you please stand up in London no one else can take your place
We can change the world rearrange the world
It's dying - if you believe in justice
Dying - and if you believe in freedom
Dying - let's stand up and fight
Dying - Corrupt Law Interpretations, open up the door
Gary McKinnon will have a hearing before the High Court of the Strand in London on June 9 and 10.
McKinnon wins Judicial Review
by Jerry Pippin
January 20th was a cold day in Washington D.C. as record crowds saw President Barack Obama pledge at his inauguration to put the US back on the moral compass. Meanwhile in London at a hearing, Gary McKinnon, accused UFO hacker, started the day with not much hope in a last ditch judicial action to avoid extradition to the US for a potential trial as a cyber terrorist. However things were quite different by late afternoon in England for McKinnon and his family, and in this world of time and space just as Obama was on the Washington Mall ready for the swearing in, a ray of hope embraced the McKinnon Family.
Janis Sharp told me, "At the beginning of the court case on 20th January, after initial early arguments, the Judges said they'd allow Gary a stay of four weeks until the new Director of Public Prosecutions decided whether or not to allow Gary to be tried in the U.K. instead of the US. The judges then proceeded to hear oral arguments in order to decide whether or not to allow Gary to have a Judicial Review."
Janis added, "We were in court all day on the 20th January 2009 and the court was packed with journalists and many sat on the floor in front of the Judges as there was no room anywhere else. Two judges listened to the arguments, in order to decide whether or not to allow Gary to have a Judicial Review....
In court, the Judge began by saying many negative things and I was convinced we'd lost and then the Judge started saying some positive things and I wasn't sure if we'd got the Judicial Review and was scared to believe we might actually have won it. " Janis said she was a roller coaster listening to the Judges comments, many were negative and she feared the worst but at the end of the day the news was good.
"Three days later the Queens Council unexpectedly issued an order for a Judicial Review which is scheduled for March I looked over at Karen (Gary's Solicitor) and she had her head in her hands and was crying and I cried too because I realised we had got the Judicial Review. This will be happening at a date in Mid March.. ."
An update on Gary from his Mum- 1-06-09
"Here are links to two relevant stories on Gary; one in the Times and one in the Scotsman.
It was interesting that the Guardian newspaper chose Gary as one of the class of twenty five that influenced 2008 (See below)
Let's hope they'll have a good outcome to report.
Below is the full Guardian Class of 25 article re-Gary, plus a link to the complete article on all 25 people that made their mark in 2008. (Including Gary)"
For the past year, the US, with the acquiesence of our own Home Office, has been attempting to extradite Gary McKinnon, a 42-year-old computer hacker from north London. More than seven years ago, McKinnon, a self-confessed "bumbling computer nerd", who was curious about UFOs, had hacked into the computer systems of Nasa and the Pentagon. While taking a virtual stroll there, had left rude messages behind him such as, "Your security is crap." When he was initially arrested, the (British) police told McKinnon, who has Asperger's syndrome, the likeliest penalty for his hacking activities would be a community sentence and he has indicated his willingness to plead guilty if charged in the UK, where the offence was committed.
The US authorities, however, furious that an
amateur had cracked their system and embarrassed
them so royally, are not having it and would
like to see him in the slammer in the States.
One of the prosecuting team even remarked that
he would like to "see him fry". In reality, he
would face a few years in jail but, tarred with
a "cyber-terrorist" brush, thanks to the nature
of the charges, it would be a hellish time for a
vulnerable man. McKinnon and his ragtag army of
supporters, lawyers and family members are
fighting the extradition every inch of the way
and refusing to go gently. He has one final
judicial review to go in January and growing
cross-party support in his bid to be allowed to
face trial here.
Gary McKinnon's extradition Judicial Review hearing is due on Tuesday 20th January 2009 - the same day that George Bush officially hands over to Barack Obama as US President. CLICK HERE for more information.
|It appears that Gary McKinnon will stay in the UK thru Christmas and any extradition will not take place until January. Stop the madness of this persecution..sign this petition to show your support. CLICK HERE to sign.|
Gary McKinnon's video is back so we asked his
mother about it and here (below Marillion story) is what Janis Sharp, his "mum"
wrote to us on 11-11-08 -
CLICK HERE for Gary's video, "Wanton Child" and
CLICK HERE for his video of "Only a Fool."
sign this petition (CLICK HERE)
which is a last
gasp attempt to stop the unjust extradition of Gary McKinnon
to the USA.
This is a BRIT and as fellow Brits where is the patriotism? Why are our journalists not making this front page news? This is unfair, unjust and should be stopped. As Brits we stand together, and we even get front page of the tabloids if the Germans pinch our deckchairs on holiday, yet journalists are NOT getting the Brits together on this issue - WHY?
Even Deirdie Rashid who is a FICTIONAL character got more support when she was unjustly jailed in Coronation Street! The tabloids started a campaign to free her - yet the very same tabloids have given up on Gary McKinnon - shame on all of you.
Presenter of the worldwide syndicated hit radio show Now THAT'S Weird - www.nowthatsweird.co.uk
Now THAT'S Weird the TV show Saturdays at 8 p.m. on Edge Media TV (Sky Channel 200)
September 21, 2008 there was a protest outside the American
Embassy n London on behalf of Gary McKinnon.
McKINNON STILL IN THE UK-Massive Protest Scheduled for 4:00 p.m. Sunday, September 28 In Front of American Embassy in London
CLICK HERE for update from Gary's Solicitor Karen Todner
A note from Gary McKinnon's mother:
McKinnon Has Lost His Appeal Against Extradition to the US.
The unemployed man could face life in jail if convicted
of accessing 97 US military and Nasa computers. The
42-year-old admitted breaking into the computers from his
London home but said he sought information on UFOs. Mr McKinnon asked the European Court of Human Rights in
Strasbourg to delay his extradition pending a full appeal to
the court against his extradition but his application was
refused. He claimed the extradition would breach his human
rights. 'Absolutely devastated' His solicitor Karen Todner
said this had been her client's "last chance" and appealed
to intervene. "He is absolutely devastated by the decision,"
she said. "He and his family are distraught. "They are
completely beside themselves. He is terrified by the
prospect of going to America."
The unemployed man could face life in jail if convicted of accessing 97 US military and Nasa computers. The 42-year-old admitted breaking into the computers from his London home but said he sought information on UFOs.
Mr McKinnon asked the European Court of Human Rights in Strasbourg to delay his extradition pending a full appeal to the court against his extradition but his application was refused. He claimed the extradition would breach his human rights.
'Absolutely devastated' His solicitor Karen Todner said this had been her client's "last chance" and appealed to Home Secretary Jacqui Smith to intervene. "He is absolutely devastated by the decision," she said. "He and his family are distraught. "They are completely beside themselves. He is terrified by the prospect of going to America."
CLICK HERE for story from BBC News.
History of McKinnon case:
● Breaking News: Gary McKinnon Wins Extradition Delay Aug 12 2008 - A British UFO enthusiast accused of the "biggest military hack of all time" has won a two-week delay on his extradition to the US.
Gary McKinnon, an unemployed 42-year-old, lost his House of Lords appeal against the extradition last month and faces up to 70 years in prison if convicted in the US of sabotaging vital defence systems.
|● (August 13, 2008) Gary McKinnon on a BBC radio interview said the appeal has been made to the European Court of Human Rights and a decision by that entity is expected no later than August 15, 2008 on whether or not they will hear the case.|
|● Pentagon Wins House of Lords Appeal-
Gary McKinnon will be extradited to the US
unless he can appeal to
Hacker McKinnon loses appeal, takes it to Strasbourg. CLICK HERE for story.
You may remember that Gary McKinnon claimed to have hacked into NASA computers, where he came upon evidence of a NASA coverup of the alien presence, alien technology, a secret space program, free energy, and anti-gravity, among other things. If heís a crack pot, why is our government going to such great lengths to have him extradited?
As well as http://www.youtube.com/watch?v=_fNsah-0vpY
Dispatch from Steve Murillo, LA MUFON director.
Jerry Pippin Talks with Janis Sharp - Mother of Gary McKinnon- (text message -6-17-08)
JANIS: Hi Jerry.
Jerry: Thanks for going on the record with me about your son. I know you wanted to clear something up from some of the news reports from yesterday.
Janis: Just to point out that Gary is facing ten years per count (not ten years over all) and as he's charged with seven counts this could mean seventy years in a US prison but apparently sixty years is the Maximum sentence for this, which is little consolation.
Jerry: It has been a long battle, this has been going on for years now...
Janis: Everyone felt it possible that Gary could well win this case. Gary's legal team stated to the court that they have evidence that they say are threats to Gary from Ed Gibson Ex FBI and now working for Microsoft security /UK Chief Spokesman for security of Microsoft.
Scott Stein Ex Department of Justice Ex assistant US Attorney for the Middle district of Florida and the Eastern District of Virginia also now apparently a main security person for Microsoft.
Jack Hanley assistant US attorney in the Eastern District of Virginia and was apparently from the cybercrimes unit.
No one here remembers or had even heard of Jack Hanley until the Affidavit.
Gary was apparently threatened with his crime being changed from a normal computing hacking crime attracting an approx. eighteen month to three year sentence in the US, to being charged as a cyber Terrorist if he did not accept the plea bargain offered and the sentence being upped to Ten years per count (totaling sixty years)
Gary's legal team also said that ED Gibson stated that one state wanted to see Gary Fry.
Jerry: This seems like an inconsequential crime, certainly I don't see any terrorist aspect to it other than he was able to get into the Pentagon computers and evidently they were not very secure. Why didn't he plea bargain?
Janis: Plea Bargains aren't used in the UK.
This evidence has been in the public domain for one to two years and remained unchallenged by the prosecution, even although it was mentioned in Gary's last appeal and was alluded to in the Judgment of the same appeal in the Divisional Court as an Anathema to our Legal system.
Jerry: What do these affidavits say?
Janis:The Affidavits put in essentially deny the said threats made against Gary.
Jerry: Has there been any attempt to get the US to lighten up on this charge?
Janis: Gary's top QC Edmund Lawson and Top Solicitor Karen Todner and another respected Barrister were in various meetings in the US Embassy in London regarding this.
The Affidavits by Ed Gibson, etc.. were submitted at a very late stage and we see it as an underhanded ploy to attempt to scupper Gary's appeal to the House of Lords but fortunately the Law Lords still heard Gary's appeal on the assumption that Gary's legal team were telling the truth.
However even if the Lords ruled in favour of Gary, the case would have to go back to the Magistrates for the disputed evidence re-the Affidavits to be "resolved".
Jerry: Janis one thing to be thankful for..or at least it appears from here..that Gary does have some good legal advice and a good legal team.
Janis: Gary's QC Edmund Lawson and Lawyer Karen Todner are honest to the core; they're highly respected and their reputations are awesome and it's ludicrous to suggest that they would lie on behalf of Gary who is essentially a computer nerd.
I don't like that Gary's case was brought forward by three days to take place on the very day that George Bush was in London and was virtually right next to the House of Lords at one point. We also met some high powered lawyers from Europe that had the same worries, as they see Gary's as a test case that will affect European law.
Jerry: I had not thought of that angle and I understand your alarm since it is obvious that the Bush people would like to make an example of Gary and charge him with terrorism. Hope the deck was not stacked against him in this House of Lords setting?
Janis: We honestly don't know how the appeal went but the Law Lords are amongst the few that will often stand up to the government, so we can only hope.
Unfortunately Gary can't even challenge the alleged crimes leveled at him, as this right was removed when the one sided extradition "treaty" was introduced here. (supposedly to be used for terrorists and not for things like unauthorized computer access.) Gary can only contest the extradition.
We're praying that Gary will be kept in the UK and will have the chance to prove in a British court that he didn't cause the damage that the prosecutors are claiming he did.
Apparently in order to indict Gary, the prosecution have to show 5000 dollars of damage was caused to every system they say was compromised by Gary, so magically they claim that Gary did "exactly" this amount of damage.
Jerry: I am not really clear even after all these months and years what Gary actually did, was it only at the Pentagon?
Janis: Gary accessed about seven Universities and the prosecutors claimed the same 5000 dollars damage on each of the systems but when the Universities publicly stated that no damage was caused by Gary, the US prosecutors quietly removed those indictments.
Gary obviously shouldn't have accessed any computers and definitely not the Pentagon and he was a fool to do so and we have all paid a price.
Jerry: I keep saying a couple of years back but the crime happened what five or six years ago?
Janis: This all occurred more than six years ago and Gary just wants to be tried in his own country where he believes the level of punishment will fit the crime.
Jerry: Janis thanks for taking the time to explain all this in a time when I know stress is ruling your life. I hope you keep us in the loop on future developments on Gary.
Janis: Thank You Jerry, I'll keep you informed.
This is an extract of details from the House of Lords appeal from ZDnet reports ....At a meeting with Mr Gibson and Mr Stein [in April 2003], Mr McKinnon was told that if he did not agree, then all bets were off," Pannick said. "Eight to 10 years [per count] or possibly longer was indicated."
Interviews with Jerry Pippin
Special Correspondent, Kerry Cassidy
LATEST NEWS UPDATES:
|The McKinnon Extradition - a dramatization from BBC radio 4- John Fletcher presents the true story of Gary McKinnon, a British citizen who is fighting extradition to the US on suspicion of hacking into government computers. This presentation (radio drama) directed by Pete Atkin tells of how UFO information is guarded by the US Government. to listen.|
To read the 7/6/06 AP News Story on Gary's Extradition. US Government Claims of Damages are outrageous. Let us hope that Gary is tried in New Jersey Federal Court. His maximum sentence, if convicted there, would be 5 years. Of course we all hope that that extradition will be blocked and, barring that, he will not be found guilty of the crimes with which he is to be charged.
Jerry Pippin and Jerry Pippin Show Special Correspondent, Kerry Cassidy, conducted a two part audio and video interview with Gary McKinnon, UK resident, who is accused of hacking into reportedly unsecured US Government computer systems looking for information about UFOs and government cover-ups several years ago, at a pub at an undisclosed location in London on Friday, 6/8/06. Jerry interviewed Gary for this special Internet Radio report from there by telephone, and he brings out a side of McKinnon not presented by the other radio talk shows.
This special On-Demand program also features Ms. Cassidy's video interview with Gary, special pictures of Gary not available anywhere else, and even a spot light on his entertainment background, including two recorded songs that he both wrote and performs. These interviews present the human side of Gary, who is much more than a midnight hacker in a bathrobe, who has been targeted as an example by the US Government.
Reminder - this Wednesday, 21st June, is the deadline for sending
Representations to the Home Secretary on behalf of Gary McKinnon.
To read the original letter sent to the UK Home Office
Secretary regarding a plea and the petition for justice on behalf of
Recently, the Bush Administration has turned up the heat on Gary, who was originally indicted by a US Federal Grand Jury in 2002 (copy of indictment) for his purported crime perpetrated against the US Government by a foreign citizen. The US Justice Department has basically declared McKinnon a terrorist, as specified by the US Patriot Act and has stated its intention to extradite him, try him and imprison him for the rest of his life. He is currently awaiting the decision of the UK Government on whether he will be extradited or tried and sentenced in the UK, where the penalties for hacking are much less severe. Given that this was his only violation of UK law, he may receive only minimal fines and/or incarceration.
This is more than a UFO or Disclosure story. This is a story of a man caught in the midst of a political and legal controversy that involves confrontation with a US Government that has become obsessed with monitoring and control in the name of National Security of not only its own citizens, but those of other countries. How can one seek such draconian punishment for accessing totally unsecured information about a subject, UFOs, which has been publicly stated to be of no security threat to the US, and government projects related to UFO technology, including production of free energy, which officially do not exist? What did Gary do to deserve a 70 year prison sentence? Gary is seeking to know the answer to this question, and so are we.
News Story Links
2/16/07: From Gary's Mother, Janis: a decision is expected soon regarding
McKinnon will turn to Home Secretary should his appeal fail.
Pentagon hacker plays joker on US authorities. Discloses plea offer, pleads human rights.
2006 BBC Story on the latest developments regarding the case.
2005 Guardian story updates on Gary's status and good background material on the case.
2002 BBC story following the indictment by the US Federal Grand Jury.
Personal Background Information
Gary and his Family
Gary comes from a talented family. Within the family enterprise, he has demonstrated talent as both an actor and a musician, along with having been trained and employed as a computer systems administrator. Below you can listen to two songs he wrote and performed for the movie, Lunar Girl, which was a family production, directed by, Janis Sharp, his mother, and produced and filmed by Wilson Sharp, his father. Gary also played a character in this movie. It has had a wide screening, with great reviews in the UK. It is also available on DVD.
Listen to Gary sing "Wanton Child."
128kb Broadband Version
to see the movie trailer.
Family photos courtesy Janis Sharp.
Listen to Gary sing "Only a Fool."
128kb Broadband Version
A Mother's Statements
Just to let you know that we have just received an email from Gary's solicitor that "we got leave for house of lords!"
McKinnon earns Lords appeal Pentagon hacker in legal victory
By John Leyden
Published Tuesday 31st July 2007 10:30 GMT, The Register
Gary McKinnon, the British hacker facing extradition over allegations he broke into US Military and NASA sites, has earned the right to take his case to the House of Lords.
The law Lords agreed to hear arguments that US authorities acted in an "oppressive" and "arbitrary" manner during plea bargaining negotiations, for example by allegedly threatening McKinnon over the loss of rights to serve part of his sentence in the UK unless he submitted to voluntary extradition.
The House of Lords was not bound to consider McKinnon's final appeal - for example it declined to hear the appeal of the NatWest Three bankers, so the Lords' decision is a significant fillip for McKinnon and his legal team.
Gary's lawyers were allowed to petition the House of Lords (not all the hundreds of Peers of the Realm who sit in the upper legislative chamber of Parliament, but the half a dozen or so Law Lords, the most senior Judges in the United Kingdom) on two points of law.
The legal Question which appears to have been rejected, is the same point which Babar Ahmad's legal team were trying to make about the dubious unsigned Diplomatic Notes issued by the US Embassy, promising a Federal civilian trial, rather than a Military Tribunal, even though it is plain that only the US President can make such a decision, and he can change his mind at any time, regardless of what the US State Department promises.
"Gary McKinnon is delighted to learn of this important development," his barrister, Ben Cooper of Charter chambers, told The Guardian. McKinnon is fighting against extradition to the US on hacking offences after losing an appeal in April. Only the Law Lords now stand between the Scot and a US trial for allegedly breaking into and damaging 97 US government computers between 2001 and 2002 and causing an estimated $700,000 worth of damage, in what US authorities have described as the "biggest military" computer hack ever.
The former sys admin, who lives in London, admits he infiltrated computer systems without permission but disputes the seriousness US authorities attach to his attacks.
The 41-year-old has said he gained access to military networks - using a Perl script to search for default passwords - but describes himself as a bumbling amateur motivated by curiosity about evidence of UFOs rather than a cyberterrorist.
McKinnon and his team have consistently argued that he ought to be tried in the UK. No date has been set for the House of Lords hearing. In the meantime, McKinnon remains on bail.
just to let you know that Gary sadly lost his appeal in court yesterday (3rd April) Next step is an appeal to the House of Lords.
We are now very worried as they now appear to be treating Gary as a cyber terrorist and he could end up imprisoned for the rest of his life. (I think they want to try Gary in Virginia)
Unfortunately under this new "treaty" Gary's legal team cannot rebut any so called "evidence" provided in secret to the judges by the US government.
Prima facie evidence is no longer required for a British citizen to be extradited; only allegations are called for. Now what sort of Justice is that?
Gary's hard drives were taken to America approx. five years ago and I just don't trust anything that is happening at the moment.
Thank you for your continual support. There are so many good Americans out there who spend their lives fighting for justice but unfortunately the current US administration has clouded the vision of many people in the world and they have forgotten this.
Primarily because of Tony Blair & George Bush' stance on Iraq etc there is a strong possibility that Scotland is going to vote for the Scottish Nationalists in May and Scotland would then become a separate and independent country; now wouldn't that be interesting.
We personally doubt whether the UK government would stand for this, despite "encouraging" other countries throughout the world to declare their independence....but they can't bomb Scotland into submission....can they? With the way our world is going nothing would surprise me.
Scotland voted against the unratified Extradition treaty with America but unless the Scottish Nationalists are voted in this remains only a token vote....May will be an interesting month.
I have attached the press release issued by Gary's lawyers. to read. to read the BBC article on the judgment announcement.
Take care Jerry, Kerry & Larry & Thank You!
Janis (Gary's mum)
Update 12/9/06: Gary's appeal hearing is due to take place on 13th February, 2007, which will be the fifth year since he was first arrested. Gary has been more down than usual (as are we). He had some prior knowledge of the info you sent us [Jerry sent information on the latest anti-terrorism acts passed by Congress and signed by Bush], but the reality of what can now be done to people is terrifying.
I have no problems with long sentences for vicious crimes but it puzzles me how seriously violent criminals are allowed to continue to walk the streets, while gentle people like Gary have a sixty year sentence hanging over them. The political changes taking place in the US are good, but unfortunately I don't think it will help Gary.
Update 7/21/06: Just to let you all know that Gary (McKinnon) is on Richard & Judy this evening (Friday 21st July).
Some of the Tabloids including the Sun have done double page spreads with very fair account of Gary and the ludicrous extradition treaty.
Labour MP's and cross party Italian Parliamentarians from the new Italian Government have signed and presented a letter to John Reid opposing Gary's extradition.
David Cameron has invited Gary to his house next week.
Thank you for all of your support; maybe at last people are realizing the injustice that is happening re-the unreciprocated extradition treaty.
Janis (Gary's mum)
Update 7/13/06: Yesterday, 12th July in the House of Commons, there was a heated debate against this new extradition "treaty". 248 MP's voted against the fast track extradition treaty that requires no Prima Facie evidence to be produced and only four MP's voted for it. This was a huge defeat for the Government; especially coming on the heels of the vote from the House of Lords against this treaty on 11th July. The law hasn't changed however, as this will have to go back to the House of Commons in October before the law can be changed.
I've been writing to every MP that I can and got this incredible letter back from Alan Simpson Member of Parliament.
You will see that the new Italian Government have come out against our government on behalf of Gary.
Fifteen members of our government also handed in a letter of support for Gary; in addition to the 248 MP's that voted against the treaty.
The banker being found dead we thought was very sad; which followed on the heels of an American Banker connected to Enron also being found dead recently. Their families must be devastated.
The Nat West 3 have just been extradited for charges connected with the Enron affair but already someone who I think was from the US prosecution, said that additional charges of Conspiracy and Money Laundering will probably be added.
That's what worries us about Gary; that additional charges might be dreamed up if he were extradited.
I wonder if the Italian Government are UFO researchers? Good that they're supporting Gary.
See Letter below:
I am very sorry for your current situation and understand it must be a source of tremendous worry. Yesterday Alan Simpson MP and Jeremy Corbyn MP delivered a letter of protest from a group of Italian parliamentarians to the Home Office about your son Gary, as they do not believe he is guilty of terrorism and think that he should not be deported but charged here in the UK under the Computer Misuse Act 1990. Please see a copy of Alan's covering letter (attached) which was signed by 15 Labour MPs.
I would like to send your email on to a newspaper, which is covering the story probably on Saturday. Please do let me know if you have any objections to this.
I understand that the Secretary of State signed Gary's extradition order on the 4th of July, this gives Gary 14 days from this date to launch an appeal (Tuesday 18th). I do not know if you are already in the process of launching an appeal, but a possible defence could come under the Human Rights Act and the right to a family life. This is a possible line of defence that I came across from Liberty, the civil rights organisation. Their number is: 020 7403 3888.
There was also a debate in the House of Commons yesterday about the Extradition Treaty we have with the US. Many MPs feel this arrangement is not reciprocal or balanced due to the fact that no evidence is required, as you stated in your email. Gary was mentioned in the debate, you can read it at this address: http://www.publications.parliament.uk/pa/cm200506/cmhansrd/cm060712/debt ext/60712-0887.htm#06071247000001
I hope this has been of some use to.
Parliamentary Researcher to Alan Simpson MP
House of Commons
London SW1A 0AA
Tel: 0207 219 4534
Fax: 0207 219 4657
I thought you should know that Peers in the House of Lords have just voted to remove the United States from the current Extradition act and want the government to refuse to send anyone to the US until they ratify the treaty. America will quite rightly never do this as it is against their constitution.
The UK government were heavily defeated by 218 votes to 116 votes. The Treaty will now go back to the House of Commons but any change won't take place until October.
There is an emergency debate to take place in the House of Commons tomorrow. I think some powerful people are trying to stop the Nat West 3 from being extradited at the 11th hour and all of this will help Gary.
This is hopeful and I believe the tide is turning. Gary's appeal will probably be delayed and hopefully the law will be changed in time for him to remain in the UK.
Gary has no qualms about being tried in the UK and would welcome it. Sentences in the UK for this type of thing are considerably shorter and time is served in an open prison or by doing community service; which involves helping old people and in Gary's case; possibly teaching underprivileged children computer skills.
A policeman at the demo outside the Royal Courts of Justice Today, whispered that he was on Gary's side and wishes him well. He then shook hands with us.
We at last have some hope in our hearts. Thank you so much for all of your help and incredible support and please thank all of your listeners/viewers.
Every bit of help from everyone has helped to bring this about.
Very Best Wishes !!!
And, Thank you
Janis, Gary & Wilson
Update 7/6/06: Please also thank your listeners/viewers who have sent letters of support for Gary, as the Home Secretary has received letters from all over the world, the bulk of which are from the UK and the US. Apparently Gary's case is being raised by the Conservative party in the House of Commons today. Very Best Wishes and thank you again.
Janis, Gary & Wilson
Thought I should let you know that John Reid the Home Secretary has decided to extradite Gary to the US. This is despite having told Gary's solicitors that they were inundated with letters of support for Gary. For a second time the Home Office wrote to Gary's solicitors saying they had far too many letters of support for Gary for them to be able to even begin to answer them all.
They've apparently had much more letters of support for Gary than for anyone else facing a similar fate, yet Tony Blair is trying to help only the Enron/Nat West bankers. One rule for the rich it seems, or maybe our politicians are all aliens.
BBC News 24 spoke up for Gary and took one of our politicians to task for only supporting the Enron/Nat West 3 Bankers. The BBC have been brilliant but we're incredibly worried.
An emergency appeal is the next stage.
Janis (Gary's mum)
Update 6/21/06: Things don't look very promising for Gary, as our government appears to be using this one sided excuse for a treaty to extradite mainly white collar workers, when it was supposedly introduced to extradite terrorists.
Three bankers, who worked for a British Bank were involved in the US ENRON affair, and the British Bank has no interest in prosecuting them. They were offered a deal by the US government if they gave evidence against an American employee of Enron. But, they refused to do this, and the "deal" was withdrawn. They are now to be extradited for prosecution on charges of wire fraud.
I'm even more worried about Gary now that this announcement has come out from the Law Lords today.
The next step for Gary is waiting for John Reid, the Home Secretary, to decide if he will extradite Gary. If he says yes, then the next stage will be an appeal. That is why the Pledge on behalf of Gary, now successfully completed, and letters to John Reid are important. As Tony Blair only surrounds himself with yes men and women, I think John Reid's decision might not be favorable, but we have to try. Our government may choose to extradite my son Gary to face a possible seventy years in prison for unauthorized computer access/trespassing into US military computers.
Gary is my only child. We have a very small but very close family. There is no victim of this "crime", only an extreme lack of security. So, why do they want Gary so badly? Gary was looking for information on UFO's and free energy, which Gary believes is being covered up. There were no passwords and no firewalls on the computers he accessed. In other words, there was no security, and this was ten years after Mathew Bevan from the UK was accused by the US government, of committing exactly the same crime as Gary. So the US military have still not tightened their security. Mathew Bevan was not convicted in the UK, and he now runs his own internet security firm. Gary gained unauthorized access on his girlfriends very primitive computer which was on very slow dial up mode.
The UK police questioned Gary four years ago and the UK police said Gary would probably get six months community service but the UK Criminal Prosecution Service decided not to prosecute Gary at all. Gary had no prior convictions; he was not even fingerprinted and was free to go. He never discussed his computer intrusion, never gave interviews, never wrote about it; all he wanted was to be tried in his own country, which is the UK.. All we want is to have our lives back again. We have had this hanging over our heads for four years now.
Shortly afterwards the US indicted Gary, however it was not until almost four years later when the UK government stupidly signed a "treaty" with the US that the US could extradite UK citizens without the US having to provide any prima facie evidence, that Gary was arrested on behalf of the US. However, the UK cannot extradite any US citizens without providing Prima Facie evidence because the US has not signed the so called "treaty" and the US never will sign this excuse for a treaty because it is against the US constitution. So the UK extradites it's citizens on a one sided "treaty"; how then can it be called a treaty?
Apparently Americans like Tony Blair, well that's because they don't know that he does little to protect his own people and it seems as though George Bush is now running our country as well as running America. They choose to extradite my son for unauthorised computer access!!! It's ridiculous; this should absolutely not be an extraditable offence.
I greatly admire Cindy Sheehan, who has made a stand after losing her son in Iraq. How many mothers does it take for governments to see sense and to have a sense of justice. All I want is for my son to be tried in the UK in his own country, as is his human right.
Cindy Sheehan could possibly use to her advantage the knowledge that the US military had no passwords and no firewalls, therefore no security. I'm sure this would be very embarrassing for those in power and I think they should be glad that it was Gary who inadvertently alerted them to the incredible weaknesses in their security
I'm surprised that the Bush administration wants my son (and me) in America, as I'm sure most of the US population have no idea of jut how poor their military security is, even ten years after Mathew Bevan was accused of exactly the same crime as Gary.
What government would really want this to come out, all for the sake of prosecuting someone who got unauthorized access to their computers while using his girlfriends ancient computer on dial up mode. Now that is bound to be extremely embarrassing for the world's superpower. Gary even left his girlfriends email address behind which is how they caught him but only some time after he first "virtually" trespassed there. Gary denies causing any damage but the Us have to claim a certain amount of financial damage in order to extradite my son Gary.
We are heartbroken; we are extremely worried. All we want is for Gary to be tried in his own country.
We have been fortunate to have a lot of very good support from some extremely caring people in America, including Doctor Stephen Greer from the Disclosure Project and from Steve Bassett.
Janis (Gary's mum)