Lawyers for Gary McKinnon, will argue in London’s High Court today that he is too ill to be sent to the United States for trial because he has Asperger’s syndrome, a form of autism.

McKinnon is accused of hacking the computers of the Pentagon, U.S. Army, Navy and NASA, which caused $700,000 worth of damages and shut down a network of more than 2,000 computers. If convicted McKinnon could face up to 70 years. He maintains he was searching for evidence of UFOs.

Gary McKinnon

McKinnon told the BBC that he knows he committed a crime and said he was sorry for that. He disagrees with the amount of damage the U.S. says he caused and says he did not use any complex tactics.

"I’m not, you know, a master hacker," he said. "I didn’t write my own programs or anything. I used commercially off-the-shelf available software."

McKinnon’s attorney, Edward Fitzgerald QC, told the High Court on Tuesday that the home secretary had "underestimated the gravity" of the risk to his clients mental health.

He said Mr. McKinnon was "an eccentric person who has passionate views about UFOs" – not a malicious hacker – and extradition was "unnecessary, avoidable and disproportionate".

The hearing is expected to end on Wednesday, but the judges may not announce their decisions for a number of weeks.

McKinnon’s legal case is being supported by the National Autistic Society (NAS) and has attracted the backing of British singer Sting, and Pink Floyd guitarist David Gilmour.

McKinnon is accused of carrying out "the biggest military hack of all time" and could face up to 70 years if convicted in the U.S. for hacking the computers of the Pentagon, U.S. army, navy and NASA which caused $700,000 worth of damages. McKinnon has said he was searching for evidence of U.F.O.’s

"The appeal is lost," Karen Todner, a lawyer for Mr. McKinnon, said, according to Reuters. "He is completely distraught, all of them are, his family, his girlfriend."

McKinnon had asked the European Court of Human Rights to prevent his extradition to the U.S. arguing that he could face inhumane prison condition if found guilty here.

Todner said McKinnon would appeal to Home Secretary Jacqui Smith to try to convince her to reconsider a previous decision to prosecute her client in the UK. She said if that fails he would likely be extradited to the U.S. within three weeks.

She said her client had recently been diagnosed with Asperger’s Syndrome and hoped Smith would consider that information.

McKinnon lost his appeal in July in Britain’s highest court, the House of Lords, which ruled the seriousness of the charges would carry a maximum life sentence under English law.

McKinnon’s lawyers in that case said it was not handled properly by prosecuting authorities. "We believe that the British government declined to prosecute him to enable the US government to make an example of him. American officials involved in this case have stated they want to see him ‘fry.’"
 

The court said it needs to review Gary McKinnon’s complaint that he could face inhumane prison conditions if convicted in the United States.

"The applicant should not be extradited to the United States before midnight on 29 August," so the court can examine his request at its next meeting on August 28, it said in a statement.

McKinnon lost his appeal in July in Britain’s highest court, the House of Lords, which ruled the seriousness of the charges would carry a maximum life sentence under English law for what has been called "the biggest military hack of all time."

McKinnon’s lawyers said the case was not handled properly by prosecuting authorities. "We believe that the British government declined to prosecute him to enable the US government to make an example of him. American officials involved in this case have stated they want to see him ‘fry’."

If convicted of hacking the Pentagon, U.S. army, navy and NASA, McKinnon faces up to 70 years in prison and fines of up to $1.75 million.

McKinnon was never charged in Britain but did admit to hacking military computers in the U.S. and claimed he was searching for evidence that aliens existed.

Gary McKinnon, 42, attempted to appeal his transfer to the U.S. to be tried for what has been called "the biggest military hack of all time" by taking his case to Britain’s highest court, the House of Lords.

The House of Lords ruled the seriousness of the charges would carry a maximum life sentence under English law and denied his appeal. If convicted in the U.S., McKinnon could face up to 70 years in prison and fines of up to $1.75 million.

McKinnon’s lawyers said in a statement that his case was not handled properly by prosecuting authorities. "We believe that the British government declined to prosecute him to enable the US government to make an example of him. American officials involved in this case have stated they want to see him ‘fry’."

McKinnon was never charged in Britain, although he did admit he hacked into military computer systems in the U.S. In 2001 and 2002 he hacked into 97 computers and claimed he was searching for evidence that aliens existed.

McKinnon allegedly caused the entire U.S. Army’s Military District of Washington network of more than 2,000 computers to be shut down for 24 hours.

Using a 56k dial-up modem and the hacking name "Solo" McKinnon was able to get around a security flaw in Microsoft Widows to gain access to the computers.  The U.S. authorities allege he stole 950 passwords and deleted files of the Earle Naval Weapons Station in New Jersey.

He is also charged with hacking into 53 Army computers, 26 Navy computers, 16 NASA computers and one U.S. Defense Department machine.

When he was indicted, Paul McNulty, U.S. Attorney for the Eastern District of Virginia, said "Mr. McKinnon is charged with the biggest military computer hack of all time."