back to article Halting McKinnon extradition not in our power, says Clegg

Halting the extradition of Gary McKinnon to the United States isn't within the power of Britain's government leaders, Nick Clegg has suggested. Speaking about the controversial proceedings for the first time since becoming deputy prime minister, Clegg dropped a bombshell on McKinnon supporters arguing the forced transfer would …

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Well

That doesn't make it any less of a consitution.

Just because it isn't written down doesn't mean it isn't there.

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Boffin

You might want to read...

..."The Rule of Law" by Tom Bingham (the ex top-banana judge) I think you'll find he thinks there is a constitution, as do others, as evidenced by the "Constitutional Reform Act 2005"

Yes, there is not a single codification a la the US Constitution

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Er, disagree. Strongly.

You state "Just because it isn't written down doesn't mean it isn't there."

(IT angle coming up):

First rule of Engineering: If it isn't written down, it never happened."

When I was at Nokia, we had blue hardback 'exercise' books in which we'd document everything. By that, I mean (apart from the time one went for a crap) EVERYTHING. What resistor you changed, and PRECISELY why. Formulas included.

Over 12 years, I got through about 25 of the buggers, and my writing is small.

That's why the USA puts so much store in it's constitution, and even more on the "Amendments".

Amendments?

Surely that implies the Constitution wasn't correct the first time? Alpha version, maybe?

Are we now 'having a better Constitutional Experience' (To use Microsoft's worn-out phrase) with the Beta version?

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This post has been deleted by its author

Parliament can't do anything...

Of course if you really want to be technical the only power that Parliament has is to go to the Queen and ask that she does something. The Queen has the right to say that actually she doesn't like her Government anymore and say no. Admittedly if she were ever to do that she would cause a constitutional crisis and may well end up out of a job and homeless.

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Bend over Mr Clegg.

and grab your ankles.

Wait, I think you have just done that.

Think of the Queen*.

*Whom you have just sold out like a common street bawd.

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Anonymous Coward

@The Original Ash

"Maybe I'm just an idealist".

Or Hugh Grant...

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Silver badge
FAIL

Weak as.......

..... a coalition government!

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Clegg is misinformed or lying

The Home Secretary has the power to stop the proceedings (overruling any judge or court) if he/she deems that the extradition or subsequent proceedings would be any breach of the individual's human rights. A trial in a foreign country for an individual with a mental condition may represent such a breach.

Although the individual was in the UK when the alleged crime was committed, the US authorities have refused the offer of a trial in the UK, which may call into question their commitment to a free and fair trial - also grounds for a Home Secretary to halt extradition.

As the alleged crime was committed in the UK, why not take a leaf from the Germans and try the case in the UK, under UK law? The matter would then be settled.

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WTF?

A note from the US

I know squat about this hacking incident but the idea that any goverment would extradite one of its citizens without judicail review including the giving of evidence to support the charges is appalling. Clearly that treaty needs to be scrapped and a new one put in place. What you do to the people who put the current one in place is up to you ... I know what we would do to them.

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Grenade

This needs to be resolves ASAP

I would imagine that since the election, Nich Clegg and David Cameron have had exactly zero time to look into this case. Parliament has only just opened (yesterday), and there are 22 bills to be discussed in the next 18 months.

The power, and the knowledge, is with Theresa May. Maybe the situation is such that there is nothing she can do short of getting the treaty put on hold / cancelled / etc by an act of parliament - as was suggested by Nick Clegg in his response which otherwise clearly suggested "we haven't looked at it, sheesh!". In the meantime there's not much that can be done, maybe some delaying tactics.

We all know this is a act of revenge because the US military have small dicks though, and that the treaty is a pile of rubbish. The Tories don't want to do anything to upset the Americans though, they would ideally have us as another state of the US rather than be in Europe. We also know the Daily Fail is going to have put their spin on it.

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Crib notes:

Anyone who seeks and obtains power over others is axiomatically not "liberal".

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"nothing can be done"

How about telling the US to "f*ck off"?

We have a nice strip of water between here and America so they can hardly stroll over and nab McKinnon.

What are they going to do if we say you can't have him?

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Flame

D'oh

The yanks, and their tanks, and those really big bombs that glow like the sun are already here (well mainly Scotland).

...poor bastard, he didn't create any actual damage, just demonstrated that US national security is a joke (the American people should thank him really), and now McKinnon's final hope washed his hands. Given the current position it might be preferable for McKinnon to take a short break in a country with a sane extradition process and murder someone there as the chances are the sentence will be lighter and it's a dead certainty that the prison conditions will be far better.

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Boffin

Please get the facts right about autism...

"He has been diagnosed with Asperger's Syndrome, a mild form of autism."

I'm getting a little fed up with hearing and reading that Asberger's is a 'mild form of autism', this is a massive over simplification which is quite incorrect and entirely unhelpful to Mr McKinnon or other Asberger's sufferers...

While Asberger's can indeed be 'mild', (as can any form of autism), it is a multi-spectrum disorder, meaning the various symptoms of an individual sufferer can be placed in differing points on a spectrum of severity.

In the case of Asbergers, the symptoms are limited to a narrow sub-set of typical autistic behaviours generally relating to social awareness, meaning that while sufferers often appear to be quite 'normal', (for want of a better word), on many levels, they will still have mild to severe difficulties in less visible areas.

For this the condition is not always diagnosed, and certainly wouldn't have been 20+ years ago when it was not even recognised.

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Anonymous Coward

no, minister

Looks like the civil service wonks are getting to grips with the new boys

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Anonymous Coward

Laws and parliaments...

Perhaps it requires parliament to repeal an act passed into law?

Unfortunately this means that neither the DPM nor the PM nor the home secretary can do it, as he said.

McKinnon needs the CPS to prosecute in the UK, after all he committed an offence here.

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Anonymous Coward

Boo Hoo

Ferchrissake just give the guy his day in court and send him off to prison like any other criminal.

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Love your thinking.

Guilty till proven innocent.

So ZaNuLabour. (Theyv'e left the keys for No# 10 under the mat, BTW).

You're a man of the world. Which world, beats the shit out of me....Have a chat with amanfrommars someday. He'll help you out.

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title

As the USA is known to torture 'terror suspects' and considers McKinnon to be a potential terrorist, the UK Government is forbidden under the European Convention on Human Rights to extradite him there.

The courts recently blocked the extradition of some wannabee 'Muslim Martyrs' to Pakistan on those very grounds, why not McKinnon to Uncle Sam's Waterboarding Playground?

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Anonymous Coward

Maybe waterboarding will cure Gary's illness?

You just never know what health miracles can occur with proper treatment?

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Pint

Anything Bush could do...

It's simple. G W Bush blithely announced that America was "unsigning" some agreements. So all we have to do is unsign the agreement that says America can have anyone here that it accuses, while at the same time making sure we can never ever get hold of one of theirs to try.

When are we going to get some politicians with the guts to just DO things instead of weaselling on about whether they can?

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Grenade

Decisions? don't make me laugh.

The only decisions made by British Politicians in the last few years would, by my reckoning count as treason and should receive the appropriate penalty. B.Liar, Gawdhelpus Brown and their ilk shoujld be made to explain their decisions to us in open court, never mind this helpless lad McKinnon. All he has done is to prove, yet again, how parlous is the American security situation. I have served with them both in UK and Stateside and can vouch for the fact that their idea of security is to spray thousands of rounds at any perceived breach

and then advise that it is CLEAR??? about time for our politicos to cease slavishly chanting "special relationship" and come" into the 21st century along with the rest of us. Yes, we had a special relationship during the second world war but they have been repaid many times over by our devotion to them since then. Stand up thr British and be counted for what we are. An individual nation who have proud traditions going far back to far beyond Roman times and almost into pre-history.

Shake off the shackles, allow us to be individuals again and make our own decisions Yank free!

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Unhappy

Srop being a turd Cameron

No arguments just your rantings piss off this forum.

Your level of post perhaps?

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FAIL

obviously you mean David Cameron

Judging by the voting on here, it's you that's managed to piss off this forum.

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WTF?

How come...

America has such a strong hold over what our policies are over here? Are we not an independent country with our own Judiciary? It seems that, no matter what governments are in power over here or there, someone else is setting the agenda, especially when it comes to UFOs in the Western world. Can't we all be sensible and just accept that UFOs have been coming to Earth for years (see http://www.crystalinks.com/ufohistory.html if you need convincing) and just get on with life, instead of all this "mock" secrecy? Jeez!

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Grenade

I can addlvery little to the opinions but

See my answer to "anything Bush could do"

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