11th February 2022
This was an interesting tweet from earlier today:
A senior ally of Boris Johnson has said the Metropolitan Police will need to be 'very certain' that he has breached lockdown rules before issuing an FPN
'There is inevitably a degree of discretion here. Do you want the Met Police deciding who the prime minister is?'
— Steven Swinford (@Steven_Swinford) February 11, 2022
So much to unpack in this.
But perhaps the most striking thing is that such an utterance was made at all.
The journalist is experienced and well-regarded, and so we can safely assume this was said by someone.
Journalistic convention means “senior ally” could mean a range of people – including Boris Johnson himself – but it would be someone significant.
And what is this “senior ally” doing with this speech act?
Well.
It appears that they are seeking to influence the police investigation.
Indeed, in this context, the statement quoted could even amount to an attempt to intimidate or otherwise wrongly place pressure on the police.
You may remember that the Prime Minister said that there would not be “a running commentary” on the police investigation.
Well, this quoted remark is more of “a getting carried away” commentary.
The correct position for the police would be to disregard such a statement – though it may irk them into imposing a sanction just so to show their independence.
And the correct position at Johnson’s end would be for a “senior ally” to have not said this at all.
But looking at the two Swinford tweets above, you get the sense that this is some “barrack-room” (or “cabinet-room”?) non-lawyer coming up with some clever-clever line – though one which would not survive contact with legal reality.
Such spinning and framing may work with the lobby, and thereby influence media processes, but it will not work with a legalistic process.
Wrong tool, wrong job.
Since that reported statement, it would seem wiser “allies” are aware of the unfortunate impression that statement gave:
Breaking:
Number 10 spokesperson says Govt 'fully respects' independence of police to carry out inquiries 'without fear or favour'
'This government has always backed the police and fully respects their complete independence to carry out inquiries without fear or favour'
— Steven Swinford (@Steven_Swinford) February 11, 2022
That Downing Street even had to put out such an assurance is, by itself, telling.
It tells us that there are some in Number Ten who realise the legal danger the Prime Minister is in – and that effectively taunting the police is not a sensible tactic.
Perhaps this strange moment will be forgotten – but what may linger is the sense that Johnson – either through his “senior allies” or otherwise – has a lack of seriousness about his legal peril.
That grave problems can be got out of by such desperate expedients.
Johnson and his “senior allies” should brace, brace.
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