Published: July 31st 2009 - at 2:40 pm

No sense in extraditing Gary McKinnon


by Paul Sagar    

Today Gary McKinnon failed in his attempt to avoid extradition to the US where he could face a sentence of up to 60 years.

Last week Labour MP Andrew MacKinlay resigned after his party voted for McKinnon to be extradited. One of just 10 Labour MPs to vote against the Government, MacKinlay said: “I was really frustrated by the vote last week. Many of my colleagues had expressed their sympathy for Gary McKinnon. But when the crunch came, they just went tribal and followed the diktats of the party.”

A Glasgow-born systems administration, in 2001 and 2002 McKinnon hacked into 97 US military and NASA computers, which the American authorities claim resulted in hundreds of thousands of dollars worth of damage, and left 300 computers unusable.

But McKinnon hacked the US computers because he was looking for evidence of UFOs. As well as being a self-confessed “nerd”, McKinnon has been diagnosed with Asperger’s syndrome, a form of autism. Simon Baron-Cohen, professor of developmental psychology at Cambridge University has described McKinnon’s condition as making him incapable of understanding normal social behaviour, helping to explain why he committed his crime.

That the Government voted to extradite McKinnon is not only depressing in itself: it illustrates fundamental problems with the present administration. After all, why on earth are our esteemed leaders in favour of extradition?


And the crime wasn’t hard to commit. McKinnon claims that when he hacked the US systems, he encountered no passwords and no firewalls; that it was more like logging-on than hacking in. He even left messages for the US authorities such as “your security is really crap”, to let them know he’d been visiting.

Yet rather than thank McKinnon for exposing their rubbish security – and allowing them to improve it before a truly malicious “cyber-terrorist” attacked – the US authorities have sought his extradition.

An obvious thought is that Labour is desperate to be seen as “tough on crime”. But if this is about mere appearances and trying to grab ‘lock-em-up’ votes, then it’s an abject failure: the mouthpiece of middle-England small-minded nastiness is encouraging readers to sign a petition in support of McKinnon. If it’s not about appearances then that’s even more worrying: it indicates the Government really wants a man with mental disabilities who believes in UFOs to be thrown into one of the most brutal prison systems on Earth.

The other obvious thought is that the Government doesn’t want to upset the Americans. But this only leads to further negative conclusions.

Firstly, it’s not like the UK would be risking a favourable relationship with the US in getting Americans extradited: the abject imbalance in extradition arrangements between our two countries has been well documented. So is the Government simply motivated by a desire to let the US know how happy it is with the present unequal arrangements, a sort of desperate fawning sycophancy at the expense of one of its own citizens?

Another possibility is perhaps the most worrying: that the Government wants to extradite McKinnon for no other reason than extraditing him is the Government position. Ministers dictate that McKinnon is to be extradited, and MPs who claim to support the man duly betray him at the crack of the party whip.

As with the Ghurkhas’ case, this Government appears guided by a fabled “moral compass” that can’t tell north from south, and whose leadership cannot explain why the present course is even being sailed.


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About the author
Paul Sagar is a post-graduate student at the University of London and blogs at Bad Conscience.
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Story Filed Under: Blog ,Civil liberties ,Crime ,Realpolitik


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Reader comments


I think the links have failed to transfer in this piece:

“the mouthpiece of middle-England small-minded nastiness is encouraging readers to sign a petition in support of McKinnon”

should link to a petition run by the Daily Mail (which makes that passage make a bit more sense).

Other than the silly digs I agree.

I do hope you will condemn the European arrest warrant too on the same grounds?

3. Shatterface

‘Last week Labour MP Andrew MacKinlay resigned after his party voted for McKinnon to be extradited.’

Good on MacKinlay!

‘One of just 10 Labour MPs to vote against the Government’

Ten? TEN? Jesus, no matter how appalled I get with New Labour’s illiberalism they still manage excel themselves.

I have Aspergers Syndrome and I’m glad Gary McKinnon will be extradited to the United States to stand trial. He will be brought to justice!

5. Prof Pat McKeown OBE

The totally unequal and flawed extradition agreement with the USA MUST be corrected and Gary McKinnon should not be extradited; he should be put on trial here in the UK. Most thinking and aware UK citizens feel that his actions were not taken with malicious intent nor to undermine the security of the US Defence Department; he did them a good turn!
Voters at the next general election otherwise inclined to support Labour will not forgive the latest spineless lack of support for McKinnon by Labour MPs. Gordon Brown and David Milliband should talk straight to the Obama Administration right away and seek their understanding on the UK refusing extradition in the interests of both governments and maintaining increasingly warm relations between our two countries.

Unbelievably depressing. Especially the fact that only 10 Labour MPs disagreed with this shitty, dying government and the sooner we see the back of it the better.

I just would love to know why. Why on earth does Gary deserve extradition with all the attached consequences, especially given all the mitigating circumstances related to his condition?

But I guess there’s still plenty of people here on LC thinking that Labour’s still worth a vote because…like… John Cruddas said they need to listen a bit more or similar.

Just shows how lily livered most labour backbenchers are. When many of them lose their seats at the next general election I don’t want to hear zip from them complaining about the leadership. They could change the leadership, they can vote for whatever they fucking want to.

But they just bleat like the sheep that they are. Just another example of how the Labour party is copying the Tory party. Its backbenchers are as spineless as tory backbenchers are.

“Other than the silly digs I agree.”

Says the Tory troll who writes almost nothing but “silly digs.”

Agree with cj. I do wish more MPs had stood up to the line.

I’ve seen it suggested that this guy was the victim of some sort of trap: ie, what he encountered was a perimeter designed to ensnare the curious. Thogh of course the opposite theory – that the defence walls were rubbish – is also not improbable.

Agree with cj. I do wish more MPs had stood up to the line.

I’ve seen it suggested that this guy was the victim of some sort of trap: ie, what he encountered was a perimeter designed to ensnare the curious. Thogh of course the opposite theory – that the defence walls were rubbish – is also not improbable.

Agree with cj. I do wish more MPs had stood up to the line.

I’ve seen it suggested that this guy was the victim of some sort of trap: ie, what he encountered was a perimeter designed to ensnare the curious. Thogh of course the opposite theory, that the defence walls were rubbish, is also not improbable.

Sorry guys I have posted three times somehow.

As all attemps have now failed, on behalf of Gary’s mother we urge you to sign the petition to present to Obama: to give Gary one final reprieve.

Please sign the Petition; Obama, Please don’t extradite Gary McKinnon!

http://www.my-cause.com/obama__please_dont_extradite_gary_mckinon

“Other than the silly digs I agree.”

Of everything I have ever written on the internerd, this is probably the only one that has never contained any silly digs at all, at least as far as I can tell.

Sometimes, you just can’t win.

I do not believe that his extradition would be an indictment of his guilt and it seems foolish to appose his extradition on the grounds of his apparent, but unproven, innocence. We can be certain that he committed the action of hacking into the NASA and US Military computers, what needs to be examined is if this action amounts to a crime, and if it does if he can be held accountable as a criminal. We cannot speculate on his innocence or guilt, we should allow a judicial system to assess his case.
Presumably as Gary is a UK citizen, he should be tried within the UK courts, not just because he his British but also as he was in the UK when he made the attack.
Further more, given that we do not prescribe to US laws, he may turn out to be guilty in America, but innocent in the UK, in this hypothetical instance I think that it is our duty to defend him, as a UK citizen, on the basis of his innocence. We shouldn’t allow any person to be extradited if we determine them to be innocent in the UK through a proper court system.

16. the a&e charge nurse

I understand Gary is looking at some very serious jail time if found guilty?

Mind you the US still hasn’t made amends for Guantanamo.

Well done ‘the land of the free’

I understand Gary is looking at some very serious jail time if found guilty?

Yes, but he won’t be found guilty. He’ll be charged with several separate offences, probably including terrorism ones, carrying life-plus-a-million in a supermax prison as the maximum sentence; then he’ll be offered two years in a relatively tolerable lower security prison (by US prison standards, obviously, these are still very unpleasant places) if he pleads guilty to something minor like unauthorised access to a computer system. So he’ll plead guilty, because nobody in their right mind would take the risk irrespective of their guilt or innocence.

This is standard US judicial practice, and it’s why we shouldn’t deport anyone to the US: it is a country where a fair trial is literally impossible. I’d rather be tried in India or even fucking Nigeria [the Christian bits thereof] than the States – not being hyperbolic, but those countries have fairer criminal justice systems.

18. Mike Killingworth

Has there ever been a case of the US wanting to extradite a British citizen to stand trial there and our government saying “no”?

When Ms Palin becomes President I expect we’ll all be sent over there with hoods over our heads.

Well it just shows how unintelligent all these people in government are who voted Gary McKinnon to be extradited to US are especially when considering the defendant might face up to 60 or 70 years in prison which is just unacceptable and there is also speculation on neowin.net he might face the death penalty which is just unacceptable. There have been programs on British TV on what happens if you get arrested for even mistake offences that you even get treated like a terrorist which is just unacceptable.

Given the ease with which McKinnon claims to have hacked the systems, I wonder whether anyone has been held accountable for the lack of security. If they had been, it would reduce the perception that McKinnon is simply being made an example of.

Gary McKinnon: Dangerous Terrorist of Harmless Fool?
http://knol.google.com/k/-/-/1hzaxtdr9c09g/53


Reactions: Twitter, blogs
  1. Liberal Conspiracy

    Article: No sense in extraditing Gary McKinnon http://bit.ly/4xMgv

  2. Ryan Bestford

    RT @libcon: Article: No sense in extraditing Gary McKinnon – http://bit.ly/4xMgv

  3. Liberal Conspiracy

    Article: No sense in extraditing Gary McKinnon http://bit.ly/4xMgv

  4. Disapointment « Bad Conscience

    [...] likely he will be extradited to the USA. There’s a re-worded version of my earlier article posted on Liberal Conpiracy, highlighting [...]





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