Gary McKinnon appeared in court in London on Wednesday, in the latest stage in a protracted legal process. His defence has argued that he should not be extradited, as he could be tried under the tough antiterrorism laws in the US, sent to Guantanamo Bay and imprisoned for up to 60 years.
On Wednesday, the prosecution produced an unsigned note from the US Embassy, which they claimed was a guarantee that McKinnon would not be tried under Military Order No. 1, which allows suspected terrorists to be tried under military law.
However, the defence argued that the note was not signed and therefore not binding. The defence called Clive Stafford-Smith, a US lawyer who has defended Guantanamo Bay inmates, as a witness. Stafford-Smith argued that the note would not prevent McKinnon from being treated as a terrorist.
"(US President Bush) has a very strong view that he has legislative authority that is not trammelled by the legislature," Stafford-Smith said.
McKinnon also indicated that he wasn't convinced that the unsigned note would protect him. "It's not worth the paper it's written on," he told the court.
The case was adjourned until May 10, when a final decision will be made on whether McKinnon can be extradited.
McKinnon is charged with illegally accessing 97 US government computers, run by NASA and the US military, and causing US$700,000 worth of damage over a 12-month period starting in February 2001.
McKinnon, from North London, has admitted that he accessed some US military computers, but has denied causing serious damage. The UFO enthusiast has claimed that he was searching through government systems for evidence of extraterrestrial life.
Tom Espiner of ZDNet UK reported from London. For more coverage from ZDNet UK, click here.
