Support Gary McKinnon
Today I received this email from the NAS. I commend it to you all and urge you to follow the link to email the Attorney General.
Dear Supporter,
Today we urgently need your help to call on the Attorney General to reconsider the decision to extradite Gary McKinnon in light of his recent diagnosis of Asperger syndrome. Gary has been accused of hacking into US defence computer systems and is likely to be incarcerated in a supermaximum security prison if extradited.
There is also a link in this email to our new awareness raising film – please watch it and let us know what you think. Read on for more details and please take action today.
Gary McKinnon was only diagnosed with Asperger syndrome in August 2008. This means that his diagnosis was not taken into account when the decision was taken to extradite him to the United States for trial. It is of great concern that any extradition proceedings may be damaging for a person with Asperger syndrome, as would the likely conditions in a supermaximum security prison. We urgently need all of our supporters to contact the Attorney General, Baroness Scotland, and call on her to reconsider the decision not to prosecute Gary in the UK.
Please take a minute of your time to email the Attorney General now.
Comment by Zach Lassiter | January 15th, 2009
I am all for the extradition of Gary McKinnon, and as someone with Aspergers I find his behavior and those in the Autism Advocacy movement who support them to be self-defeating in their goals to reach him. I wrote an open letter to Gary McKinnon Several months back:
http://www.aspieweb.net/open-letter-to-free-gary-movement/
It further upsets me that Gary McKinnon’s mother claims that Aspergers Syndrome has resulted in her son having a ‘mental age of 10′
http://www.aspieweb.net/aspies-have-a-mental-age-of-10/
Comment by Ivar T | January 15th, 2009
I would really like to know the evidence before having any opinion on this.
Comment by Socrates | January 15th, 2009
Zack, I think there’s questions of proportionality. That is, the punishment fitting the crime.
Gary may have done himself no favours by his lame excuses for hacking, but he certainly doesn’t deserve the ‘process’ let alone the ‘penalty’.
In terms of social development, it wouldn’t surprise me at all if a middle-aged man with Aspergers had a mental age of 10.
I guess that our prisons are full of naive autistics that didn’t realise what they were getting in to.
He certainly has no right to claim exemption from the law, but he does have the right to be spared Gitmo-lite.
Zack, you are a young man with a lot of life left to live. I doubt very much if you’ve experienced the worst of the reality of living with Aspergers.
Comment by Mike | January 15th, 2009
The whole point of the campaign as I understand it is that Gary committed theseoffences in the Uk and should stand trial under UK law. What is particularly galling in this and in other cases unrelated to autism is that the Uk is deporting people to the USA under the terms of an agreement that has not been ratified in the USA. So we are deporting UK citizens for trial under US law but the USA will not deport its citizens to the UK for trial underUK law.
Comment by K | January 15th, 2009
“So we are deporting UK citizens for trial under US law but the USA will not deport its citizens to the UK for trial underUK law.”
I didn’t realize that. Has the US extradited to the UK anyway? I can certainly understand why a citizen of the UK would be upset. What UK laws would Gary be subject to since the crime really didn’t occur in the UK, it occurred on servers in the US? I admit, I don’t really know the laws in this circumstance.
I agree with what Socrates wrote.
Comment by Mike | January 15th, 2009
He could be tried under the Misuse of Computers Act. This story suggests he would plead guilty to charges under UK law.
Comment by K | January 16th, 2009
What would the penalty be under that act? If McKinnon were a known al Quaida operative that did the same things would your views be the same?
Comment by John | January 16th, 2009
Gary McKinnon should not be tried in the U.S
He is not trying to evade responsibility but is asking for the right to be tried and sentenced in his own country in the U.K and to have equal rights with every other British person accused of computer misuse and tried in the U.K
Gary was arrested in the U.K in 2002 and indicted by America in 2002 when the American authorities also issued an arrest warrant.
However the American authorities then waited until late 2004 befor requesting an extradition arrest warrant in the U.K.
They conveniently waited until the U.K courts started using the one sided extradition treaty and America then no longer had to prove the damage that Gary has always denied.
Gary and his family have had a seven year sentence of suffering extreme stress and worry and Gary is ill.
No one has ever been extradited for computer misuse.
British citizens have a right to equal treatment with their American counterparts and America should have to prove the damage in a British Court just as we would have to provide evidence to an American court.
Why are British people being treated as second class citizens?
Why are we not being afforded equal rights with our American counterparts.
Why is America trying to extradite British hoteliers in their late 70’s and then demanding 25 Million dollars in “fines” before allowing them to stay in the U.K
This sounds more like extortion to me.
The U.S are trying to extradite British business men and women but if they have millions of pounds to pay the U.S off, their extradition can be prevented.
So who are the real criminals? Sounds like the mobster U.S government to me.
Free Gary and afford him equal rights to every other accused British computer misuser.
We must demand equal rights for U.K citizens and require proof before any of our citizens are extradited. Whether or not they have Autism.
I have never seen one single report of his mother saying he has a mental age of ten.
Whether he has or not, he should be tried in the U.K.
He has never left the U.K in his life and has a phobia of travelling.
He has an equal right to be tried in his own country.
Comment by lurker | January 17th, 2009
What a bunch of disgusting lies being spewed to defend this criminal creep! He should face the charges like anybody else charged with a crime. His crime has nothing to do with his Aspergers and his condition certainly didn’t render him incapable of understanding his actions. This guy wasn’t just snooping around in government computers, because he may have stolen passwords, deleted files, and shut down the military network protecting Washington.
Someone with his complex skills has no difficulty understanding the seriousness of what he was doing. He even has a girlfriend. How dare anyone claim he has the mentality of a 10 year old to defend this creep! Nobody should be listening to what his hysterical mother has to say about this.
I’m sick of his supporters portraying him as a vulnerable little wimp who is so scared to travel and go to prison. He should act like a man and face his charges and do his sentence, extradition or no extradition.
Comment by David Andrews M. Ed. (Distinction) | January 17th, 2009
Much as I am appalled by lurker’s expression, I am afraid that I have to agree with the underlying message (i. e., that Gary McKinnon should answer the charges in a court of law. In doing what he did, he has put another sovereign nation in a compromised position. I agree that his offence was not something related to any involuntary automatism brought about by being Asperger-autistic, and for this reason he should indeed face trial.
What I do not agree with is the opinion of the Home Secretary and/or Attorney General that he should be tried in the United States: he committed his offence(s) in the United Kingdom and therefore that is the jurisdiction under which his case should be tried.
What concerns me is that the British Government is still prepared to play lapdog to a very trigger-happy POTUS.
Comment by Mike | January 17th, 2009
@David
that is well put. McKinnon has said that he is content to plead guilty to charges under the UK Misuse of Computers Act and answer for his crime in the UK. After that it would be up to his legal team to argue and for the judge to decide the extent of the mitigating circumstances arising from his diagnosis of Asperger Syndrome.
@lurker
I allowed your comment because you make a valid point when you argue that McKinnon should stand trial. But abusive language will not be tolerated in future comments.
@K
McKinnon is not an al-Quada terrorist but even if he was I would want him dealt with under UK law. I refer you to the discussion on my earlier post about an autistic recruit to an Islamic terror cell.
Comment by Another Voice | January 18th, 2009
I believe the extradition treaty has been ratified by both governments. The jointly approved agreement has been in place for approximately two years.
A law shared by both countries must have been violated in order for the treaty to be invoked. One country can not simply request the other to extradite a person. I believe you will find that this person has already had three court hearings in the UK. Those proceedings, which would have used British law, apparently did not find in his favor.
I don’t know which court system is more favorable to the accused, or if a prison in the UK is better or worse than one in the US. The whole question of jurisdiction takes on a different meaning as the world becomes more and more computer reliant. If I were to empty the bank accounts of thousands of people in London through some computer fraud; where should I be made to answer for that?
Comment by Becki | January 19th, 2009
I must admit as a mother of a 6 year old child with Asperger’s I find all this very upsetting to read. Whether it’s if he does have Asperger’s what he’s done or if he doesn’t, how terrible it is that this is used as an excuse! I’m also heart broken to read all over the web people’s horrible comments about Aspies and what should be done with them.
If he does have Aspeger’s then I can undersand his mother’s concerns, however he is 42 now, she would have noticed something by now. If he doesn’t have it then they are both sick individuals.
Comment by Mike | January 19th, 2009
A legal correction.
The extradition treaty between the USA and the UK that has been ratified by both countries dates from 2003. Under its provisions either the UK or the USA can request extradition if an offense has been committed that is punishable in both countries by a minimum sentence of 1 year in prison. The lack of reciprocity resides in the fact that the UK is obliged to deport subjects who are suspected of an offense in the USA. Unlike the UK, Americans are not subjects of the crown but citizens of their state and enjoy the protection of its constitution. One of the provisions of that constitution is that citizens can only be deported if prima facie evidence is presented before the US courts.
Prior to 2003 UK subjects also had this protection. The USA had to show their evidence to a UK court before a deportation order could be made. That is why Gary McKinnon is still in this country. His offense was committed before 2003 and so he has been able to challenge the deportation order through the UK courts.
So all the references by myself and others to unfair extradition laws are irrelevant in this case. Sorry for any misunderstanding.
Comment by Mike | January 19th, 2009
Becki
the facts of the case are not in dispute. McKinnon is autistic and he is guilty. He has let it be known that he is ready to plead guilty to charges in a UK court.
His autism is relevant for two reasons. One, it may mitigate the crime if it can be argued that it was his autistic obsession with UFO’s rather than any criminal intent that motivated him to commit the offenses. It should not stop him being convicted but it may affect the sentence. A judge may decide that prison is inappropriate providing that McKinnon agrees to some form of cognitive behavioural therapy, for example. Or he may get a reduced sentence.
The second reason, and the more pressing one in my opinion, is that as an autistic person it would be bad for McKinnon’s mental health if he were sent to a foreign country to stand trial. There would be too much change for him to cope with and on top of that he would probably face jail time in a US prison system that would treat him as an enemy of the state rather than make allowances for his autistic condition.
This is not about using autism as an excuse. It is about taking account of all the relevant information, including the fact of his AS diagnosis, in deciding an appropriate response to his crime.
Comment by Another Voice | January 21st, 2009
Mike
I think your support of Garry McKinnon is a very slippery slope; one on which I disagree. Saying that his condition should be viewed as a mitigating factor, an autistic obsession as opposed to grasping the criminality of his action is in my opinion wrong. I would like to hear from more people with Asperger syndrome, they would have a better appreciation for this than I.
I would like to believe that we would all be up in arms if prospective employers where saying that they could not offer people with Asperger syndrome positions of responsibility because their autistic obsessions would cloud their grasp of work situations.
Perhaps I have not picked on this correctly.
Comment by Tori | July 31st, 2009
Surely the issue is that the US government is embarrassed that someone was able to hack in to their systems - their security should be tighter.
I don’t agree that Aspergers should be used as an excuse but I also think 70 years imprisonment is ridiculous. What would it achieve? It may be right to try in in the US but issues with arise if he is given what we the British deem to be too harsh a sentence.
I also think that it has dragged on too long and so Garry is already living with so much uncertainty. Speed it all up and let him know where he stands so he and his mum can plan a future.
Comment by trevor | July 31st, 2009
I have very mild asperger’s and I live in the US. I feel like a stranger in my own home country. I don’t have many friends, I don’t understand society. I definitely can’t understand why the country I live in can not make any sense of itself. All we seem to care about is senseless violence and driving our gas guzzlers. might makes right, right? and I can completely identify with his motives. The truth needs to be exposed. I see ourselves digging a hole deeper and deeper and nobody cares NOBODY IN THIS GODDAMN COUNTRY CARES
Comment by Garry Mason | November 11th, 2009
I am a uk citizen and we have a teenage son that was diagnosed with Aspergers around four years ago. Our son presents himself to the world at large as a gentle self confident average member of the public. His current school is very understanding but because of his condition he suffered for many years at the hands of school bullies. The teaching staff at his primary school had very little understanding of his emotional needs and as a result he endured many years of unhappiness with no friends to play with. Our son feels that he can only really become his real self when he returns home from school. He immediately changes into his pyjamas and dressing gown and he usually has a comforter near to hand. Given the chance he would spend almost everyt waking day on his laptop computer or his games machines, but unlike most children he examines every detail and all the configurations that are available and if he gets something in his mind he will spend forever on the internet looking for the information that he needs. Obviuosly there are different levels of Aspergers but when i see pictures of Gary or hear news articles about him a shiver runs down my spine. In my opinion he and his family have already had to endure this for several years and because of this has already served his punishment. I am sure that many parents of children with Aspergers would agree with me?
Comment by Garry Mason | November 11th, 2009
I have just read the comments made by lurker. This individual clearly doesnt have a clue what he or she is talking about. Does he or she actually know anybody that has Aspergers?
If our son tapped into a military network and started messing around and altering things i honestly beleive that she would not understand the gravity of what he was doing. He would probably view it as some sort of game that he had found.
But perhaps our sons Aspergers at a more severe level than some of the other people that have left comments.
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