The Extradition Shambles

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THE EXTRADITION SHAMBLES

By Michael Shrimpton

 

Apparently the Department of Justice were surprised when British Home Secretary Theresa May very properly refused to extradite the computer hacker Gary McKinnon.  I don’t know why.  The decision was clearly correct and Blind Freddy could see it coming.  In the good old days of the Bush Administration (the nice Bush) DoJ would occasionally ring me up and ask what was happening on this side of the pond.  I am always at the boys’ disposal.

Commentators over here are saying it has done a lot of damage to Anglo-America relations, but that is to miss the point.  The Obama Administration has always been anti-British and pro-EU and this won’t make any difference.  The DoJ traditionally has been an anti-British department.  They rarely miss an opportunity to rub our noses in it.  Mis-treating British Citizens is a popular pastime in Washington and helps to drive a wedge between our two great nations.

The smart folk over here understand that the DoJ has been penetrated by the DVD, so they don’t pay too much attention to it.  Most Americans understand that the federal bureaucracy is anti-American.  We British can hardly expect it to be pro-British!

Gary McKinnon has never denied hacking into US military and NASA computers.  No one sensible over here is defending his conduct.  Equally there is no evidence that he passed on any US defense secrets to a hostile state such as China, Iran or France.  The diagnosis of Aspergers Syndrome has never been seriously challenged.  Gary has some strange beliefs.  Apparently he believes in UFO’s, global warming and that American foreign policy is mistaken.  These beliefs do not justify putting him in prison, let alone for 70 years.

Prosecutorial misconduct is a serious issue for both our legal systems.  The US practice of plea-bargaining encourages over-charging by over-zealous prosecutors, also seen in the Christopher Tappin case.  Nobody over here is buying his guilty plea, which came in the face of enormous pressure, with a seriously ill wife in Britain needing his support.   The NatWest Three was another legal scandal.





All these cases have done enormous damage to the reputation of the US legal system.  Taken together they have killed the 2003 US-UK Extradition Treaty (United States No 1, Cm 5821).  It was always a bad treaty – lopsided extradition treaties usually are.

The offending article is 3(3)(a).  Only the US is entitled to ask for evidence of the offense.  Not having reciprocal arrangements for the UK was crazy.  If the Romney Administration will not agree to amend 3(3)(a) by making it reciprocal then sadly the time will have come for the UK to denounce the treaty under Article 24, which requires six months notice.  That would bring US-UK extraditions to an end, but so be it.

No one in Britain wants to see a repeat of NatWest Three, McKinnon or Tappin.  No one in the US is able or willing to rein in out-of-control federal prosecutors, or reform the legal system.  The FBI’s disreputable practice of entrapment will continue.  The only way countries can protect their citizens from the FBI’s and DoJ’s lack of respect for due process is to ring-fence their legal systems and refuse to extradite.

Staying with this topic it’s nice to see Lord Black of Crossharbour back in the public eye.  He gave Adam Boulton a roasting on Sky News after an impertinent interview, in which Adam went so far as to suggest that his conviction in Chicago carries some meaning.  That was another disgrace, with respect, with the DoJ prosecuting a British Citizen and Peer in the US for offenses allegedly committed in Canada.  The case was a crock, as US appellate courts in fairness largely recognized.  They would have done better to quash the convictions altogether.

Lord Black, who remains a member of the House of Lords and rightly so, gave a splendid performance last Friday on the hilarious BBC show Have I Got News For You, giving as good as he got.  I am criticising the decision to prosecute him in Spyhunter, which is likely to be out in mid-January by the way (it’s being revised and updated).

It was a huge mistake to prosecute a much-loved member of the British House of Lords.   It was an even bigger mistake with respect for the trial judge and prosecutor to show rudeness towards him.  I gather that the trial judge, Amy St. Eve, even refused to address him as “My Lord.”   That sort of discourtesy does not play well over here.

What if a crucial vote had come up in the House of Lords whilst Lord Black was in the pen?   The warden didn’t even make arrangements to fly him back to London for important debates, let alone ones where his vote might have made all the difference.  There is no polite way of putting this.  We are going to have to smack the US Senate around, to deter any further improper prosecution of members of the British Parliament in US courts.  Great democracies have to exercise extreme caution before imprisoning the members of the legislature of another great democracy.  A US Senator, preferably a Democrat, preferably from New York, is going to have to serve time over here, to make up for this outrage.  We can make up bogus allegations as well as the DoJ.  You should see some of the cases the Crown Prosecution Service bring.

It is of course entirely a matter for the US electorate but it’s looking like a win for Governor Romney.  President Obama made the big mistake of patronizing and under-estimating his opponent and will most likely pay the price.  The DVD’s decision to pour energy into the Sandy storm system hasn’t helped him, indeed it may have harmed him, as the continuing power outages in New York and New Jersey show up his failure to pay any attention to resilience in the last four years, the ongoing intelligence failure over scalar high energy weapons systems, and the failure to learn political lessons from Katrina.  I suspect the NSA saved many lives and jobs by the way, by jamming HAARP-style transmissions.  Way to go Meade.

As I read it Romney is likely to take all of the swing states.  Even Pennsylvania and Minnesota appear to be in play.  I don’t think it’s going to be particularly close in the Electoral College.  Romney no longer needs Ohio, but my guess is Ohio will follow the national trend.

Michael Shrimpton

3rd November 2012

 

 

 

 

 

 

Author Details
Michael Shrimpton is a barrister, currently suspended of course, called to the Bar in London in 1983. He is a specialist in National Security and Constitutional Law, Strategic Intelligence and Counterterrorism. He has wide ranging connections both in Western Intelligence agencies and amongst ex-Soviet Bloc agencies. The late Generaloberst Markus Wolf, of the Stasi and DVD, was one of his contacts. Michael has earned respect in the intelligence community for his analysis of previously unacknowledged post-WWII covert operations against the West by the German DVD organization based in Dachau, near Munich, Germany, and its British, French and American client agencies. These continue to the present day, as politicians and the media are too nervous of standing up to them.

Michael was formerly an Adjunct Professor of Intelligence Studies in the Department of National Security, Intelligence and Space Studies at the American Military University, teaching intelligence subjects at Masters level to inter alia serving intelligence officers. He has represented US and Israeli intelligence officers in law and briefed in staffers on the Senate Select Committee on Intelligence and the Joint Congressional Inquiry into 9-11. In the wake of that murderous attack he addressed panels on terrorism in Washington DC and Los Angeles organized by the respected Jewish Institute for National Security Affairs. Fellow panelists included a former head of Special Operations Command and a former Commander of the US Atlantic Fleet.

Michael’s active assistance to Intelligence and Law Enforcement agencies in the Global War on Terror produced some notable successes, including the exposure of the Abu Ghraib ‘hood’ photograph as a fake. His work on strategic intelligence took him to the Pentagon and he has also met with senior advisors to the President of the Russian Federation, in Moscow, in November 2005. He participated in the Global Strategic Review conference in Geneva in 2005 and was a speaker at both the Intelligence Conference (Intelcon) in 2005, and the Intelligence Summit in 2006, each at Crystal City.

In 2006 he was flown out to, and flew off from, the nuclear-powered aircraft carrier USS Enterprise (CVN-65), as part of the US Navy’s Distinguished Visitor Program. She was then working up her air group off the Eastern Seaboard of the United States, before operational deployment to the Persian Gulf. It is comparatively unusual for a foreign civilian to complete a carrier landing and launch cycle.

Michael’s ground-breaking, 700 page intelligence text “Spyhunter: The Secret History of German Intelligence” was published in England by June Press in April 2014. It features on a number of intelligence syllabuses, as does intelligence analysis prepared by Michael, e.g. on the brutal 2003 assassination of British weapons scientist Dr David Kelly CMG.

In their unlawful raid on Michael’s home in Wendover, Buckinghamshire in April 2012 Thames Valley Police officers seized the manuscript of Spyhunter and all of Michael’s onshore backups. Publication was only possible because the draft had been backed up offshore. The police hung onto the seized copies long after it was decided not to use them as evidence.

In November 2014 Michael was convicted at Southwark Crown Court by a tampered-with jury panel on two bogus bomb-hoax charges. Prior to bringing in the police the British Ministry of Defence, after consulting with the Cabinet Office, destroyed their recordings of Michael’s initial contact and qualified intelligence briefing re a DVD operation to target the Opening Ceremony of the 2012 Olympics using a stolen Russian SS-N-19 warhead.

Happily the NSA intercepted both Michael’s call to MOD and their call to him (on a number he had provided) and the intercepts are now in the hands of MI5.

As Michael’s distinguished Veterans Today colleagues Gordon Duff and Ben Fulford have confirmed on this website, his intelligence briefing to MOD was substantially correct and two warheads, both off an SS-19, were recovered by the US. After inspection the Department of Energy estimated their yield at 20KT. https://en.wikipedia.org/wiki/Michael_Shrimpton
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