Free Gary McKinnon

Gary McKinnon's lawyers, led by Karen Todner, have succeeded, despite fierce opposition from the UK Government (represented by a barrister working for the Treasury Solicitor) in getting a Court Date for the oral Judicial Review of the decision to extradite Gary to the USA - Tuesday 20th January 2009

It seems that Hugo Keith QC, acting for the Treasury Solicitor argued against any sort of Judicial Review, and then wasted even more public money on legal fees, and slowed down the already overburdened Court system, by getting a hearing in front of a Judge, to try to overturn Karen Todner's rejection of the date which he was demanding, the 2nd December (i.e. next Tuesday),

Is it just a coincidence, or are the officials who set the Court Dates waving a couple of fingers at President George W. Bush and his apparatchiki and henchmen, who officially hand over power to President-elect Barack Obama on the same day, Tuesday 20th January 2009 ?

There will be further demonstrations in support of Gary McKinnon, who is facing imminent extradition to the United States of America, rather than facing a UK court, for his alleged computer hacking activities over 6 years ago.

It is intended that a letter to President-Elect Barack Obama will be handed in to the Embassy of the United States of America in London.

Date: Friday 5th December

Time: 5 pm -7pm

Location:

Embassy of the United States of America,
24 Grosvenor Square
London
W1A 2LQ

Media Contacts: - being arranged - email info@FreeGary.org.uk

Location Maps:

Map on the US Embassy website

Streetmap.co.uk map

At some convenient time during this demonstration, a letter will also be handed in to the Office of Tony Blair. The former British Prime Minister, who is now a Middle East Peace envoy, and involved with charities and lucrative public speaking, is likely to be involved, behind the scenes, in UK and US foreign policy and security discussions.

The Office of Tony Blair, which costs over half a million pounds a year in rent alone, is situated nearby at the north east corner of Grosvenor Square, in the historic John Adams house, at number 9 Grosvenor Square, on the corner with Brook Street and Duke Street. John Adams was the first United States Minister to the Court of St. James's i.e. Ambassador, and the second President of the United States. He lived there from 1785 to 1788.

Some advice about demonstrations in central London:

Prime Ministers Questions, Wednesday 19th November 2008

Q3. [236809] Mr. David Burrowes (Enfield, Southgate) (Con): The US President-elect wants change. Will the Prime Minister ensure that extradition arrangements are changed so that UK citizens such as my constituent, Gary McKinnon, are not routinely extradited, despite having Asperger's syndrome? Will the Prime Minister listen to cross-party calls for an assurance that Gary McKinnon will be repatriated following a conviction in the US?

19 Nov 2008 : Column 231

The Prime Minister: The hon. Gentleman refers to the case of his constituent, which he has taken up with Lord West. The UK has important obligations in that area, and we take those obligations seriously. I am sure that he will be aware that the case is before the courts again on 5 December, and I cannot comment on any specifics. As I understand it, however, the UK and the US are signatories to the Council of Europe convention on the transfer of sentenced persons, which enables a person found guilty in the United States of America to serve their sentence in the UK.

Video clip of Prime Minister's Questions - the David Burrowes segment starts at around 20 minutes into the 30 minute clip:

Note how Home Secretary Jacqui Smith Harriet Harman, the Minister of State Government Equalities Office and Leader of the House of Commons, and Education Minister Ed Balls nodded their heads in agreement, sitting on either side of Gordon Brown.

Barack Obama has won the US Presidential Election, but will not actually become President just yet.

The period between now and the Inauguration Ceremony on the 20th January 2009, in 74 days time, is the Transition period.

Obama's heavy use of the internet, for both fund raising and to communicate with his supporters, has now produced a website called

Change.gov - Office of the President -Elect

This sets out some of the Election Promises, and solicits feedback from the public, both in the USA, and abroad, to help the Transition Team, get their priorities right.

The Election Promises on Homeland Security, especially on Information Systems Security and on Technology are particularly relevant to Gary McKinnon's case.

The Foreign Policy promises, to restore the international reputation and influence of the United States, including with friends and former allies who have been ridden roughshod over by the previous George Bush administration, whose counterproductive policies over the Guantanamo Bay "enemy combatant" concentration camp, "Extraordinary Rendition" overflights and kidnappings, and one sided Extradition to the USA, have insulted the civil judicial systems of the USA and those of allied countries like the United Kingdom.

The Change.gov website has three web based message feedback forms:

1. Contact the Transition

2. An American Moment: Your Vision

   Start right now. Share your vision for what America can be, where President-Elect Obama should lead this country. Where should we start together?

3. An American Moment: Your Story

   Start right now. Tell us your story in your own words about what this campaign and this election means to you. Share your hopes for an Obama Administration and a government for the people.

Especially if you are you are a USA based supporter of Gary McKinnon, please take the opportunity of using these Change.gov web message forms, to press the US Government in Transition, not to make utter fools of themselves, by pursuing the counterproductive, and potentially damaging (to US interests) extradition case against him.

Gary McKinnon has been refused a written Judicial review by Home Secretary Jacqui Smith - his lawyers have until 5th December to apply for an Oral Judicial Review.

The Register reports:

McKinnon suffers further legal setback in extradition fight

Fight continues as legal options dry up

By John Leyden

Posted in Law, 7th November 2008 10:49 GMT

Gary McKinnon has suffered another legal setback in his fight against extradition to the US on hacking charges.

The accused hacker has been refused a written judicial review of the Home Secretary's decision not to suspend extradition proceedings in light of his recent diagnosis with Asperger's Syndrome. McKinnon's lawyer, Karen Todner, has been given until 5 December to apply for an oral judicial review (ie a hearing in chambers).

The legal setback follows decisions by the House of Lords to deny his appeal against extradition and the European Court of Justice washing its hands of the case.

[...]

Gary McKinnon is still in legal limbo, awaiting a possible decision about whether or not a Judicial Review will be granted or not, whilst being liable to be arrested and expelled to the the USA at any time, by order of of Labour Home Secretary Jacqui Smith.

Given the political embarrassment which this case will cause any US Government, it would be surprising if any US or UK bureaucrats make any sort of decision before the US Presidential Election next week, but there are currently no legal barriers to Gary being extradited immediately.

Gary McKinnon's Member of Parliament, David Burrowes MP for Enfield, Southgate in London, who is a Conservative front bench spokesman on Justice, has sponsored an Early Day Motion, which you can urge your own Members of Parliament to sign in support of Gary:

EDM 2388

EXTRADITION OF GARY MCKINNON
30.10.2008

Burrowes, David

That this House notes the accepted practice of the governments of Israel and the Netherlands of requiring assurances from the US Administration prior to their nationals being deported to face trial in the United States in cases involving defendants suffering from medical or mental health disabilities, that those nationals will be repatriated to serve any sentence imposed by the relevant United States court; and urges the Home Secretary not to permit the extradition to the United States of Mr Gary McKinnon of Palmers Green, London, an Asperger's syndrome sufferer charged with computer misuse in the United States, until such time as she receives express assurances from the US Administration that in the event of his being found guilty and sentenced to a term of imprisonment that administration agrees to the immediate repatriation of Mr McKinnon post trial to serve any such sentence in the United Kingdom.

You can conveniently find the details of your own Member of Parliament, and send an email (or fax) for free, to their office, through the well established WriteToThem.com website, provided that that you use your own words in your message.

MPs staff, almost always filter out any messages they get from non-constituents, so it is best to mention at least which part of your own MP's constituency you are from, as this adds a bit of political weight to your message.

Computer Weekly reports:

Hacker Gary McKinnon to be extradited to US within days

Author: Ian Grant
Posted: 18:02 13 Oct 2008
Topics: Business Continuity

Self-confessed hacker Gary McKinnon's final appeal to be tried in Britain was turned down this afternoon. He is expected to be extradited to the US within days, where he faces charges that he was responsible for "the greatest military hack in history".

A statement from Gary McKinnon's lawyers, Kaim Todner, said, "The secretary of state has advised via the Treasury solicitors that despite Mr McKinnon's diagnosis with Asperger's Syndrome [an autistic condition] she will now be making arrangements for his extradition based on her order for extradition of 4 July 2006.

"She has failed to make any request for repatriation to the US when other countries make similar requests on behalf of their citizens."

McKinnon's attorney, Karen Todner, said she has asked Secretary of State Jacqui Smith for permission to seek a judicial review of the decision to extradite McKinnon. Smith will give her decision tomorrow morning.

If granted, McKinnon will have 14 days to apply for the review, which will be held by the High Court. If he decides not to ask for the review he will have 10 days to prepare himself for extradition.

Todner described McKinnon as "devastated". "He has been suffering from depression for several months now," she said.

She added she was "optimistic" that Smith would grant permission for the judicial review.

McKinnon has failed in his appeal against extradition in every available court in the UK and Europe.

A judicial review would delay things until after the US Presidential election, which may very well suit the unpopular Labour government.

There will be another peaceful demonstration in support of Gary McKinnon, at the Home Office in Marsham Street, London, this coming Friday 10th October 2008 from 5pm

Will the new Ministers of State at the Home Office, who are expected to be Phil Woolas and Vernon Coaker, signal a different attitude towards Gary McKinnon's extradition to the USA case by the Home Office bureaucracy ?

Time:
5pm to 7pm Friday 10th October 2008

Location:
Home Office main entrance, Peel Building (between the defensive / ornamental moats ponds) , Marsham Street, Westminster, London - see this location map

Nearest Tube stations:
Westminster or St. James Park - see the Transport for London website for journey planning details.

Buses:
London Bus Route 88 Clapham Common - Vauxhall - Westminster - Oxford Circus - Camden Town, stops directly outside the Home Office main entrance in Marsham Street, supposedly every 7 or 8 minutes.

Public toilets:

There is a Westminster Council run public toilet quite close to the Home Office in Regency Place:-- turn right along Horseferry Road at the southern end of Marsham Street.

See Regency Place public toilet location map

Name: Regency Place SW1
Information: Urinal - Men only
Number: 32
Wheelchair Access: Yes
Type: PC
Gender: M
Opening Times: 24hrs
Baby: No
Disabled Access: No

Name: Regency Place
Information:
Number: 40
Wheelchair Access: Yes
Type: APC
Gender: Unisex
Opening Times: 24hrs
Baby: No
Disabled Access: Yes

Contact details:
email us here at info@Freegary.org.uk. If you are IT security conscious, and technically capable, then you can make use of our PGP Public encryption key.

We will pass on your messages to the demonstration organisers, or try to answer your queries ourselves.

The Home Office is, inappropriately, just within the Designated Area around Parliament Square, so the Serious Organised Crime and Police Act 2005 sections 132 to 138 apply. The organisers have already applied for the necessary prior written permission,

Loudspeakers and loudhailers are banned, but, given the volume of the chanting at the previous demonstrations, these would probably be superfluous anyway.

The Police can impose arbitrary extra conditions, at the time of the demonstration, but, hopefully, if things go as per the previous demonstration on 2nd September, there should be no problems.

More hints and tips about going on a demonstration in central London:

Thanks to everyone, from the London Autistic Rights Movement and Gary McKinnon's other friends, who demonstrated their support for Gary at the US Embassy on Sunday.

The protest was entirely peaceful and well organised.

Hopefully someone at the US Embassy has had to write a report about it, and the issue of unfair extradition to the USA, for their superiors back in Washington DC.

Reports and image links will be updated later

The Metropolitan Police kept the demonstrators well away from the anti-terrorist defences of the Embassy building.

The London Autistic Rights Movement were vocal in their support.

Other friends and supporters of Gary McKinnon also joined in with chants of "Free Gary", and "UK trial, or no trial" etc. .

A few more photos:

The London Autistic Rights Movement is organising a demonstration in support of recently diagnosed Asperger's syndrome sufferer Gary McKinnon, who is facing imminent extradition to the United States of America, rather than facing a UK court, for his alleged computer hacking activities over 6 years ago.

Date: Sunday 28th September

Time: 4 pm - 5pm

Location:

Embassy of the United States of America,
24 Grosvenor Square
London
W1A 2LQ

Location Maps:

Map on the US Embassy website

Streetmap.co.uk map

Nearest Public Toilets:

Westminster Council publish an online map of their Public Toilet locations:

The nearest Public Toilet is at the Oxford Street end of Balderton Street - about 2 blocks North of the middle of Grosvenor Square - equivalent in distance to the West - East length of Grosvenor Square itself.

Name: Balderton Street Information: Number: 42 Wheelchair Access: Yes Type: APC Gender: M/F Opening Times: 24hrs Baby: No Disabled Access: Yes

Public Transport:

Nearest Tube stations are Marble Arch and Bond Street
Bus routes 148 and 14A along Park Lane

Press and Media Contact: - Anya

Use the comments below or email us here at info@FreeGary.org.uk (using our PGP Encryption Key if you know how) and we will pass on media enquiries to the organisers

Although the US Embassy is not within the SOCPA Designated Area, like the Home Office, it is obviously one of the top potential terrorist targets in Europe, let alone the UK, so there are armed Police guards (armed with semi-automatic assault rifles / sub machine guns etc.).

Dear All,

I am now the Police Liaison person for the protest on Sunday, or "steward" to use their term.

We have permission from the Metropolitan police in writing to protest peacefully in a dedicated enclosure outside the US embassy from 4-5pm.

I've spoken with the Met police and there are some guidelines that we ALL need to follow:

There will be 3 police officers, Seargeant Rudlin-Jones and also 2 PCs - looking after us. All are autism trained.

We ' ll be in a dedicated enclosure, made up of make shift barriers, right in front of the Embassy.

[...]

We MUST stay inside this enclosure at all times.

The 'Pen' area - not to imprison us but because police have duty to protect embassies and ensure that non-protesting members of the public can move around us freely. It is important that we keep to designated pen area.

If someone wants to leave pen area, for whatever reason, they must TELL ME FIRST and I will let the police know so that they are aware of what is happening and that the person going for a walk is not up to no good.

We are not allowed to walk around or towards the Embassy so people who are leaving the pen area at any time of the protest (having spoken to me first) should be directed to walk *away* from the Embassy

There will be armed police - this normal procedure for the US embassy and not because of us or anything we need to be concerned about.

DO NOT approach the armed officers. They are doing their job and if any kind of "altercation" occurs the police officers have a duty to protect the armed officers so it would cause potential difficulties and I'm sure none of us want it to come to that.

If the police feel that someone is doing something they are not comfortable with, they will speak to me first and then I will speak to the relevant person about it. So if I ask anyone to stop doing something, or I ask you a question about why you are doing something, PLEASE do not take it personally. I just want us all to have a peaceful day and adhere to the rules that the Met Police have given us.

I will be wearing a fluorescent yellow jacket on the day (at the request of the Met Police) so you will all be able to spot me very easily!

The plan is for us to arrive in the pen area outside the US Embassy (I'm sure it will be very noticeable) by 4pm so that we can start our protest on time.

I will arrive there early - around 3.30pm, so if you're not sure where to go, look out for a girl in a fluorescent yellow jacket. If anyone gets totally lost, my mobile is

[mobile phone number available to the media via info@freegary.org.uk]

Sorry to sound all bossy in this email - I hope you understand that I just want to make everyone aware of the rules and my 'bossy' tone in this message is not meant offensively or arrogantly in any way and I hope you will forgive me. I just want it all to go smoothly and for it to be a very positive experience for us.

Many thanks,

Anya

Some tips and advice about what to bring and what not to bring to the demonstration: