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Nasa hacker has 'shut down', say protesters Camera icon

Tom Espiner ZDNet.co.uk

Published: 03 Sep 2008 18:32 BST

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Karen Todner, McKinnon's solicitor, said on Tuesday that she was preparing a further legal challenge should representations to home secretary Jacqui Smith fail. Todner had previously made representations to the Home Office asking that McKinnon serve any sentence in the UK, given his recent diagnosis with Asperger's Syndrome, a form of autism.

"It's the least that the Home Office could do," said Todner. "Both the Dutch and the Israelis ask for assurances from the US for all of their nationals, but this has never been covered in UK case law."

Should the home secretary reject McKinnon's plea, Todner said she was preparing to apply to the High Court to prevent Gary's extradition, in the light of McKinnon's Asperger's diagnosis.

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