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Theresa May accused of taking 'easy way out' over Gary McKinnon case Theresa May accused of taking 'easy way out' over Gary McKinnon case
(6 months later)
Theresa May told US authorities in July that there were no legal or medical grounds on which she could block the extradition of computer hacker Gary McKinnon, former Labour home secretary Alan Johnson has claimed.Theresa May told US authorities in July that there were no legal or medical grounds on which she could block the extradition of computer hacker Gary McKinnon, former Labour home secretary Alan Johnson has claimed.
May defied the American authorities on Tuesday by halting the extradition, a decision criticised by the US state department but welcomed by UK campaigners and politicians. But Johnson, who originally approved the extradition in November 2009, accused his successor of taking the "easy way out" by putting popularity before justice.May defied the American authorities on Tuesday by halting the extradition, a decision criticised by the US state department but welcomed by UK campaigners and politicians. But Johnson, who originally approved the extradition in November 2009, accused his successor of taking the "easy way out" by putting popularity before justice.
"Mrs May saw the same medical evidence, produced by McKinnon's team, that I saw as home secretary. Although it was submitted after the 2009 judgment, it was in essence the same," he wrote. "The US was entitled not just to request McKinnon's extradition, but to expect it. And Theresa May has not reached a brave decision – she's taken the easy way out."Mrs May saw the same medical evidence, produced by McKinnon's team, that I saw as home secretary. Although it was submitted after the 2009 judgment, it was in essence the same," he wrote. "The US was entitled not just to request McKinnon's extradition, but to expect it. And Theresa May has not reached a brave decision – she's taken the easy way out.
"The Home Secretary is there to uphold the law; to put justice before popularity. Irrespective of how many plaudits it receives, this was an appalling decision.""The Home Secretary is there to uphold the law; to put justice before popularity. Irrespective of how many plaudits it receives, this was an appalling decision."
Johnson's approval of the extradition was delayed by several appeals until after the last general election. The case finally reached an end when May told the House of Commons that she had taken the quasi-judicial decision to block extradition on human rights grounds because of medical reports warning that McKinnon, 46, who has Asperger's syndrome and suffers from depressive illness, could kill himself if sent to stand trial in the US.Johnson's approval of the extradition was delayed by several appeals until after the last general election. The case finally reached an end when May told the House of Commons that she had taken the quasi-judicial decision to block extradition on human rights grounds because of medical reports warning that McKinnon, 46, who has Asperger's syndrome and suffers from depressive illness, could kill himself if sent to stand trial in the US.
Johnson also claimed that May told the US that there were "ramifications for national security" if she prevented the extradition on the grounds of McKinnon's healthas suspected terrorists could use the same argument that they might suffer inhuman or degrading treatment to avoid being extradited. The warning was contained in a letter from May to US attorney general Eric Holder, according to the Telegraph.Johnson also claimed that May told the US that there were "ramifications for national security" if she prevented the extradition on the grounds of McKinnon's healthas suspected terrorists could use the same argument that they might suffer inhuman or degrading treatment to avoid being extradited. The warning was contained in a letter from May to US attorney general Eric Holder, according to the Telegraph.
McKinnon was first indicted by an American grand jury in November 2002 for hacking into US military computers, including the Pentagon and Nasa, from his north London bedroom while he was looking for UFOs. He could have faced a prison sentence of up 70 years under US law.McKinnon was first indicted by an American grand jury in November 2002 for hacking into US military computers, including the Pentagon and Nasa, from his north London bedroom while he was looking for UFOs. He could have faced a prison sentence of up 70 years under US law.
Keir Starmer, the director of public prosecutions, will now decide whether McKinnon should be prosecuted in Britain. A US state department spokeswoman expressed disapointment with May's decision.Keir Starmer, the director of public prosecutions, will now decide whether McKinnon should be prosecuted in Britain. A US state department spokeswoman expressed disapointment with May's decision.
A Home Office spokesman said: "The home secretary made clear in her statement to the House that she withdrew the extradition order against Mr McKinnon after careful consideration of the medical and legal evidence. She concluded his extradition would give rise to such a high risk of him ending his life that it would be incompatible with his human rights."A Home Office spokesman said: "The home secretary made clear in her statement to the House that she withdrew the extradition order against Mr McKinnon after careful consideration of the medical and legal evidence. She concluded his extradition would give rise to such a high risk of him ending his life that it would be incompatible with his human rights."
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