LONDON – Lawyers acting for Gary McKinnon, wanted in the United States for hacking into NASA and Pentagon computers, applied on Thursday for a judicial review of the Home Secretary’s decision to allow his extradition.
Last month Home Secretary Alan Johnson said he could not stop McKinnon’s extradition but would allow time for a High Court review of the case to take place.
Gary McKinnon was arrested in 2002 after U.S. prosecutors charged him with illegally accessing computers, including at the Pentagon and NASA, and causing $700,000 worth of damage.
The U.S. Army’s entire network of more than 2,000 computers in Washington was shut down for 24 hours in what U.S. authorities called "the biggest military hack of all time". McKinnon’s lawyers argue the hacker, who suffers from Asperger’s syndrome, a form of autism, is not fit to be sent to the United States and say his health would suffer. "The evidence served includes all previous medical reports together with an up to date psychiatric report on Gary’s mental wellbeing and two reports . . . commenting on the assurances which have been provided on behalf of the U.S. government to accommodate Gary’s illness," his lawyer Karen Todner said.
"We hope that on receipt of these documents the Home Secretary may reflect and reconsider his position."
In October, the High Court, whilst accepting his extradition could have consequences for his health, refused permission for McKinnon to appeal to the Supreme Court to have his case heard in Britain.
The judges decided that the process of the law overruled any health concerns.
McKinnon has told Reuters he was just a computer nerd who wanted to find out whether aliens really existed. He became obsessed with trawling through large military data networks for any proof that they might be out there.
If he is convicted by a U.S. court, he could face up to 70 years in prison.
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