Thread by @WTSecretary

Here's a thread on the #MaySummons issue, which is hidden away in a conversation with @ElaineLovesLife. You may find it helpful /1

@ElaineLovesLife As I understand it, there’s no element of relitigation between the Wolchover action & previous cases like Wilson. They are in different areas of law. And each one has very different criteria & consequences. The Wolchover case is very much more serious in it’s consequences /2

@ElaineLovesLife Sue Wilson sought a declaration from the High Ct’s civil branch, that TM's decision was merely unreasonable, but didn't allege breach of trust / bad intent. If court had given declaration would have been embarrassing & inconvenient for TM & a hitch for Brexit, but not terminal /3

@ElaineLovesLife Wolchover & Silver are taking up, what the police are failing to do. They are prodding a Magistrates court to issue a criminal warrant. Misconduct in public office can be a tort or a criminal offence. My understanding is it's the criminal offence that’s being alleged (?) /4

@ElaineLovesLife Because it’s criminal it’s hugely serious for May, for the Conservative party & likewise for Labour. And if (a big if) the prosecution goes ahead (in time), it would be utterly terminal for Brexit /5

@ElaineLovesLife The essential element in the offence of misconduct in public office is knowingly doing something which breaches your duty of public office, i.e. engaging in any kind of serious dishonesty, which would diminish the public’s trust in that office. /6

@ElaineLovesLife What’s damaging for TM & Brexit, about the offence of misconduct in public office is that it is very broad in it’s scope. (Wilson’s civil suit by comparison was very narrow in it’s scope). This means the prosecution can seek & use a wide range of relevant evidence. /7

@ElaineLovesLife So in a trial, stuff about (1) what TM & other Cons knew (2) about when exactly the decision to trigger art50 was taken & whether it was a pre-existing agreement with the ERG! (3) about corruption & foreign interference in the referendum itself. All that stuff can be evidence /8

@ElaineLovesLife What struck me reading Wolchover’s expositions of the various court judgements in challenges to Brexit so far, was a sense that earlier court judgements had given a steer towards this prosecution. Wolchover doesnt say this. This may just be a fanciful impression of my own! /9

@ElaineLovesLife However we also need to stand back and get a perspective about the huge difficulties that the #WolchoverSilver action will face, so we know what #Remain supporters need to organise, for the case to have a successful outcome /10

@ElaineLovesLife Bear in mind there are a multitude of ways the government can derail this criminal case of misconduct in public office, now begun against Theresa May./11

@ElaineLovesLife May’s lawyers can get it dismissed at the entry stage, with the help of a compliant magistrate, as being “...not in the public interest". The CPS can choose to take over the prosecution. The prosecution is then in their hands, to run it so that it fails, or to call it off /12

@ElaineLovesLife To prevent this kind of political interference, Remain supporters will have to give the case mass support (think big street demos) and intense constant scrutiny. Serious unwavering pressure on your MPs & a judicial system that really knows you are watching it’s every move /13