The former prosecutor in the Gary McKinnon hacking case said there's no reason to believe the European Court of Human Rights will ultimately block the alleged hacker's extradition to the United States.
Former prosecutor opens up on high-profile case
On Tuesday, the France-based court held up the British hacker's extradition and called for an August 28 meeting to decide whether the court should continue to block the extradition.
McKinnon, 42, of London, is charged in the US with eight counts of unauthorised access and causing damage to a protected computer. He was indicted in 2002 for allegedly breaking into military computers and other government systems 2001 and 2002. He has been fighting extradition since then, and so far has been able to stay out of the US and its courts.
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The European Court of Human Rights delayed the extradition just a week after the highest British court dismissed what had been McKinnon's latest appeal against extradition. At the time his lawyer, Karen Todner, said his last hope was an appeal to the European Court of Human Rights.
"I was slightly surprised, I must say," said Scott Christie, who was an assistant US attorney in New Jersey at the start of the hacking investigation, and was the first prosecutor brought into the case.
"The European Union has this body which addresses perceived violations of the European human rights convention. Mr McKinnon believes his rights under that convention have been violated by the UK rulings."
McKinnon has contended that if extradited to the US, he could be treated as a terrorist, tried in a military tribunal and ultimately imprisoned at Guantanamo Bay.
"Mr McKinnon has never been classified in that manner or treated in that manner, as far as I'm aware," said Christie, who now leads the information technology group at law firm McCarter & English LLP. "He will be treated as a normal criminal defendant in the civil court system of this country. He's a run-of-the-mill criminal with a run-of-the-mill crime."
Christie said McKinnon simply is "grasping at straws" with his latest appeal.
He also noted that since McKinnon has become something of a "cause celebre", the European court is going to take its time and give the issue a full and fair review. But that doesn't mean the court will uphold the stay on his extradition.
"At this point and time, there's no indication the European court will give any credibility to his argument," said Christie. "It would be premature for him to believe that he has found a sympathetic shoulder to cry on. For all the reasons he didn't prevail in the UK, he shouldn't prevail there. Enough already, Mr McKinnon."
Comments
Andrew said: I dont see the crime in this action and I have signed the petition on line for stop his extradition at wwwhumanrightsdefenceorg
Mark Daly from West Bromwich said: Richard from Pooles comments re American citizens continuing support of the IRA remind us of the total hypocrisy and mind-boggling audacity of the US government They give me the shiversAnyway I though extradition treaties were supposed to be reciprocal
Ron Graves said: Hes not an alleged hacker - by his own admission hes guilty of illegally accessing a variety of US systems The allegation lies in the damage hes claimed to have caused which is the crux of the charges against him Whether the damage actually happened is impossible for anyone outside the US organisations whose systems he hacked to knowIf he did actually damage those systems then hes hardly a poster boy for the hacker community is heHowever as he committed his crimes while he was physically in the UK there can be no justification for his extradition
Richard from Poole said: Just yet another example of Uncle Sams bully boy behaviour Poor fool will go down for 70 years for being a drugged-up idiot while US citizens can shoot our lads with impunity support and fund the IRA and PIRA in Northern Ireland to torture and kill people and even invade a British island - Granada - or has everyone forgotten and forgiven them already
Stephanie said: What a load of old tosh He breaks into US military computers How easy then are they for someone to do it These people control half the worlds nukes and they allow an unemployed pot-head in England to get inside to look for UFOs I think they are pursuing this cos they are so embarrassed not because he is a petty criminal And how many US citizens have been successfully extradited to the UK to face charges over here Ill tell you - none
Pablo said: This is a prime example of the UK rolling over like the good little lapdog of the current US AdministrationIs it a case of either your with us or with the terrorists arm twistingNo sign of the US aiding our legal processes regarding all of those Iraq friendly fire investigations is thereNothing stopping the NSA hacking into our pcs is thereWhy did the Crown Prosecution Service drop the case for charging McKinnon under the Computer Misuse Act Isnt our legal system robust enough to prosecute an UFO obsessed ex-hairdresserHe should be tried in the UK and not sent off like some 17th century convict bound for a penal colony on the other side of the world
M.Holds said: People who like to interfere spoil tamper etc with other peoples information deserve the highest punishment perhaps if he was interred for a long period it may prove a suitable deterrent so we may pursue our interests unhindered by these idiots
john day said: I agree with david pattison I have no time for Gary McKinnon and think his activities were despicable and deserving of some punishment but not in a US court America will not allow its citizens to be tried outside the US legal system so by the same token we should not let them try British citizens in their courts They must really think were a soft touch on legal matters and sadly they are right
David Pattison said: While I have no facts regarding his potential guilt or not I do resent the UK governments subservience to the USA in extradition terms The USA will not extradite US citizens to this country Anyway if the USA system is so lacking security McKinnon should be offered a reward from the USA for demonstrating their IT staffs ineptitude
MalcolmF said: If his aim was to highlight deficiencies he had the chance to tell them back then If a crime was committed it was committed in the US irrespective of where McKinnon was sitting at the time To get into the site he had to find a way past obstacles the equivalent of a No Trespassers sign He was old enough to be aware that he should not have been there I just hope that should a US citizen do the same for one of their allies that the same courtesy is extended I somehow think it wont
Julian Ward said: I am a former senior detective officer from London I should have thought that any security organisation would invite people to hack their system and pay them if the got access They obviously pay considerable sums to those who set up the system to ensure that it is hack proof They can only know if it reasonably secure if people try to get in and either fail of succeed I have no doubt many terrorist groups have very skilled members who would be trying to enter and they of course would not be giving feed back So USA and any other country that has secrets it wants to keep get real Invite people to try and pay people who breach your security Then close the loop holes and sack even imprison the incompetents who sold you your secure system after all they are the guys who left you open
David Holt said: If the USmilitary is so inept at maintaining an adequate level of security they should thank this guy for highlighting it Some national intelligence services who dont have the best interests of the US at heart must be having a field dayAlso this man is not a US citizen but British and therefore not subject to persecution by embarrassed yanks