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Some wrap-up thoughts on Cummings, media, law and policy
1.
1.
Right legal outcome, on any sensible legal view
Castle Barnard trip was a breach of the regulations, but - without evidence of a lack of social distancing - right for police to say they would have used advice
Only used sanction of enforcement etc if advice not followed
2.
Castle Barnard trip was a breach of the regulations, but - without evidence of a lack of social distancing - right for police to say they would have used advice
Only used sanction of enforcement etc if advice not followed
2.
Also right for Durham police to treat Cummings as they would have treated anyone else on the same facts about the Barnard Castle trip
Equality before the law works both ways - no greater sanction because of public clamour
3.
Equality before the law works both ways - no greater sanction because of public clamour
3.
Cummings was also very lucky indeed with the unclear wording of the Durham police in one sentence
Meaning of statement as whole was that police considered Cummings had committed offence, else other parts of the statement make no sense
4.
Meaning of statement as whole was that police considered Cummings had committed offence, else other parts of the statement make no sense
4.
But that "might" was a gift to his supporters and also to time-poor reporters
Hence yesterday's Charge of the "Might" Brigade - and how Johnson could "draw a line"
Survival to another day
5.
Hence yesterday's Charge of the "Might" Brigade - and how Johnson could "draw a line"
Survival to another day
5.
[more on this thread later]
As for the journey north, the Durham police statement is neutral
Matter for Met, if anyone
The Cummings "witness" statement probably provides enough to show "reasonable excuse" on departure
Unless new facts emerge, then legally this is end of road for the entire excursion
6.
Matter for Met, if anyone
The Cummings "witness" statement probably provides enough to show "reasonable excuse" on departure
Unless new facts emerge, then legally this is end of road for the entire excursion
6.
From a practical lawyer perspective: mission accomplished
No criminal sanction nor prospect of one
Whoever did that statement for him has done their job
Pity others have little access to such lawyers when faced with legal peril
That is a real "inequality before the law"
7.
No criminal sanction nor prospect of one
Whoever did that statement for him has done their job
Pity others have little access to such lawyers when faced with legal peril
That is a real "inequality before the law"
7.
Next time Cummings does his customary sneers about lawyers and legal advice, that statement should be waved in front of him
It has saved his skin from formal legal sanction, and thanks to Durham police's unclear "might" statement, also saved his job
8.
It has saved his skin from formal legal sanction, and thanks to Durham police's unclear "might" statement, also saved his job
8.
But what happened I think is what a practical media lawyer would call a "Friday afternoon job"
Some client has got themselves in a gods-awful mess with improvised stories, and they need you to do the best you can
So let's look at the mess
9.
Some client has got themselves in a gods-awful mess with improvised stories, and they need you to do the best you can
So let's look at the mess
9.
[More on this thread later]
[Also again sorry for the delay in posting the full analysis - yesterday's events and a bout of ill health yesterday slowed things down - depending on how today goes, good chance it will be up tomorrow for your weekend reading pleasure]
[No. Of this, we can be absolutely certain.] https://twitter.com/ElliM9/status/1266286478713171970
