Attorneys for
self-confessed hacker Gary McKinnon have asked the High Court
to consider whether home secretary Jacqui Smith was within her
rights to refuse a plea to stay McKinnon's extradition to the US to
face hacking charges.
The application for a judicial review, sent late last week,
asked for either a written decision or an oral hearing before the
full court.
Smith previously
rejected Kaim Todner's request for McKinnon to face trial in
the UK for allegedly hacking more than 73,000 computers belonging
to the US Army, Navy and Department of Defense.
Kaim Todner had asked for McKinnon's extradition to be set aside
on the grounds that he suffered from Asperger's Syndrome, an
autistic condition.
Karen Todner, McKinnon's attorney, said she is appealing Smith's
rejection. She expected a response from the court within six to
eight weeks.
The former home secretary, John Reid, granted the US a request
to extradite McKinnon on 4 July 2006. McKinnon has since appealed
and lost in every court available to him, including the European
Court of Human Rights.
McKinnon admitted he gained illegal entry to various US military
computers between 1999 and 2003, but denied the extent of his
alleged incursions or that he caused any monetary damage to the
systems.
He claimed he was searching for evidence of UFOs and alien
energy creation technology that he believed the US government was
suppressing.
The home office declined to comment.