Because things are never as they seem. One has to ask if this entire NS/AS situation is actually a product of the crown to pit the yes movement against each other while also trying to take out both NS and AS, which when united in 2014 were a force to be reckoned with.
I say that as someone with direct experience of the Lord Advocate - who I can genuinely say I trust less than Harold shipman doing rounds on a COVID ward.
Perfect example, the "its not for the pursuer to stand in the shoes of parliamentarian" line. That appeared in arguments written for the Scottish Government (not parliament) but remember one important thing - The lord advocate was REPRESENTING BOTH.
Now sure, the Scottish Government then withdrew and the consequence of that was that line being removed. But it bears remembering that it could have went like this:
The pleadings were confidential. The Scottish Government never thought we'd get to court so simply passed it off to the LdA. He wrote those arguments. The Scottish Government realised IT WAS going to court and panicked.
when they saw what was advanced in their name and dropped out.

I say that this COULD be the case purely on the basis that when we started the second crowdfunded and it went nuts, I put on social media saying (when we were at 30%) that I had faith in the movement and I had....
....given counsel the instruction to go for it.

What followed was a series of enquiry emails which seemed rather frantic, trying to confirm if we were going ahead.
At this point, the Scottish Government withdrew. It is reasonable to assert that they actually read the arguments and at this point were less than amused and decided the only way out was for the Scottish Government to withdraw....
...else incur the wrath of the Yes Movement for those comments because those comments would have went onto the record at the conclusion of the refinement stage.

And so they withdrew.

But suddenly, one of the other two parties leaked those arguments to the times anyway.
We always thought it was someone in the UK Government. But now, after everything that has happened of late. I am seriously starting to wonder. What if, infact, it was the Lord Advocate.
I mean the mere suggestion of political interference does more damage than actually having politically interfered.

Same thing in the whole AS affair. NS can't respond to something if that thing never comes up. It can't come up if the COPFS prevents it from coming up.
Of course as FM, NS has a situation where she is unable to go against the COPFS, a requirement of confidentiality.

You have a situation where AS cannot comment because his hands are tied and NS can't comment because there's nothing to comment on.
Meanwhile, the accusations against NS are more damaging while she can't answer them and the net consequence is two factions in the yes movement battering lumps out of each other.
And it's not like the crown of the UK hasn't done this before. Independence of India, what did they do? Inflame tensions between Muslims and Hindu's. Now we have India and Pakistan.
Ireland, inflame tensions between protestants and Catholics.

The UK has form in pitting groups of society against each other with military proficiency. They've been doing it to independence movements for hundreds of years!
I just though I would mention this because the entire focus has been NS vs AS, but the reality is that there is a third option. Collusion within the crown office to drive a wedge between two of the top independence advocates in the country.
And of course if presented properly, AS would rightly believe it was NS and NS would believe AS was out to get her. When in reality it might not be either.
And as for the crown taking social media chats etc out of context, well you only have to look what the crown tried to do last week in our case. They took tweets, omitted context and tried to advance them as fact.
As I said - I merely posit this as a potential theory, because it's not like we haven't seen it happen in the past when it comes to the crown.

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More from @MartinJKeatings

22 Feb
Important to note that had "parliamentarians" stood with #peoplesas30, this would have likely been granted. But seeing as though the SNP leadership have been whipping them from day one, not to get involved in a case that would prove THEIR bill lawful...well...you decide!
This leaves me with two choices-

1. Abandon the case to protect myself; or
2. Continue the case, risk losing and risk bankruptcy.
It's a big decision to make but I think it's going to have to be number 2, and if I am going to be forced to go down at the hands of Government for simply trying to ask a simple and reasonable question about our right to be fully informed before an election....
Read 6 tweets
22 Feb
Lord Malcolm has rejected our application for a protected expenses order again.

A few people asking what a protected expenses order is so allow me to explain.
We launched the people's action crowdfunder to raise funds to pay our lawyers. A protected expenses order limits liability for fees to the other side. In otherwords, if we win, the Governments would only be liable for a percentage of the fees.
This is good because it limits the fees that the taxpayer would have to fork out to us in a win. In other words, good fiduciary responsibility. At the same time. If we were to lose, it would limit my personal liability (because I am the named pursuer) for fees to the UK Gov.
Read 7 tweets
22 Feb
The Scottish Government had no involvement with the SNP's route map. In other words, NO SCRUTINY ON WHETHER IT WAS FACTUAL. And considering the lawfulness of that bill is one of two major matters in the #peoplesas30. We could tell that.
The #PeoplesAS30 is trying to establish that the Scottish Parliament has the power to hold a referendum without permission from Westminster. I have stated many times that this means also establishing the fact that they can pass the draft bill the SNP are proposing.
I also said that the SNP simultaneously claiming it was lawful, but then stating right at the back of it, that they expect a legal challenge shows us that they are not sure if it is or isn't lawful. Because you can't assert something to be lawful, and expect legal challenge.
Read 5 tweets
21 Feb
I have vehemently stayed away from expressing an opinion on certain rights debates at the moment, and that's not because I have no interest, or am being dismissive of it. I'm an optimist - I believe a solution can be found to enshrining the rights of one group without....
....diminishing the rights of others.

No, my focus has been on the larger threat to the human rights of all of us. A post-Brexit Tory UK Government.

With independence, we have the ability to enshrine rights for everyone, without having our nation's hands tied behind our backs.
But right now, the biggest threat we face is a right-wing Tory Government that has the power to overturn the rights already won over hundreds of years. All of which, if we do not act now and move to independence, will be sacrificed on the altar of shareholder dividends.
Read 7 tweets
20 Feb
If you love the SNP vote for them on the constituency ballot.

If you hate the SNP vote for them on the constituency ballot because the only thing holding them together is independence so they'll disintegrate after indy.
If you love the SNP vote AFI on the list so they can support them wholeheartedly on the question of independence.

If you hate the SNP vote AFI on the list because they'll keep on at the SNP about delivering independence (their sole goal) and keep them honest.
I guess what I am saying is that love em or hate em, everyone wins with SNP 1 / AFI 2.
Read 4 tweets
20 Feb
So I have been up to the eyeballs this week building the new home for AFI on the web (the website). Should be online in the next week with easy access for everyone. Woohoo!
The AFI team now churning along and gaining speed. Just like Scotrail - we're getting there!
Choooo chooo.
Read 4 tweets

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