Simon Cox @ SimonFRCox
Why does Theresa May imply she'll break ECHR - when she doesn't need to? Re-upping this thread.
From May 3rd
Simon Cox @ SimonFRCox
^May's #1 is "look like a fighter".
So winning is a problem - bc it ends the fight. We know this from her Home Office days. Thread. 1/n^
In 2011 May claimed immigration judges were acting illegally, incl blocking man's deportation bc of his cat. 2/
I asked Home Office if they challenged these 3 decisions: they said yes - but in 2 cases accepted deportation was wrong. May had mislead 3/
May #1 aim wasnt changing judge behaviour. It was "look like a fighter". Her staff leaked 3 cases to press. And she "took on the judges" 4/
Psychology teaches: fighting "poverty" or "disease" is never as interesting for onlookers as fighting a human enemy.May always has one 5/
How did May fight immigration judges? She changed rules on human rights cases: she reinterpreted what the Human Rights Convention says 6/
May's lawyers must have told her: changing rules wont get what she claimed to want, bc ECHR trumps immigration rules 7/
May acknowledged this saying: "if my rules dont change judges, I will ask Parliament to make a law." She wanted the image of "fighter" 8/
Immigration judges did what she knew law required them to do. Tory press claimed they had "defied" her:
www.telegraph.co.uk/news/uknews/immigration/9890093/Theresa-Mays-tough-immigration-rules-defied-by-top-judge.html 9/
So, May delayed by 2 years her supposed strategy of narrowing human rights defenses for migrants. Why? 10/
Exh. 2: Othman's case. Aka Abu Qatada. May said his deportation was her top priority. But she took 3 years : why? 11/
Othman opposed deportation to Jordan bc he wd be tried based on statement from a man who'd been tortured before giving it (& later died) 12/
2008: UK Court of Appeal blocks deport: illegal to risk conviction based on torture. 2009 House of Lrds reverses 12/
Othman applies to European Court of Human Rights, so he's still in UK (locked up) when Cons win 2010 election & May becomes Home Sec. 13/
May has 2 options.
Fight case in ECHR.
Get Jordan to not use torture evid, removing factual base for Othman's ECHR case & deport 14/
May fought Othman's case. For 2 yrs. She lost (no surprise: UK courts had disagreed). So then she got Jordan to not use torture evid 15/
And Othman left, voluntarily. Everything suggests she cd have got that result 3 yrs before. Why didnt she? 16/
Was it bc May wanted to win legal pt in ECHR for future cases? Maybe: but House of Lords was on Gov side. So hardly a priority 17/
Maybe May wanted to help Jordan convict Othman on the murder charge. (Without the crucial torture evid he was later acquitted). 18/
But May's claimed priority was to get Othman out: not abstact legal pts or Jordanian conviction. She chose to delay getting Othman out 19/
Keeping Othman in UK served May's need for enemies: him and his lawyers. Bad people she can battle for the British. 20/
Enemy #3 Human rights lawyers asking courts to get Gov to investigate claims of UK Army murder & torture in Iraq
www.independent.co.uk/news/uk/politics/theresa-may-tory-conference-speech-applause-attacks-activist-left-wing-human-rights-lawyers-a7346216.html
Enemy #4. UK Human Rights Act. Not a person so less good as enemy. For a decade+ Cons have promised to repeal & replace HRA. May is key 22/
Just like Obamacare, Tories have been unable to write an alternative to HRA. Bc they know any will look worse to voters. 23/
But delay in the change she "wants" is never a big problem for Theresa May.
So. Long. As. People. Think. She. Is. Fighting. 24/
Theresa May has repeatedly said she wants HRA repealed. And repeatedly failed to publish any detailed plans. (Sound familiar?) 25/
Enemy 5#. Non-EEA Migrants. May wrote the rules for 6 years. She headed up department that implements them. She said she wanted fewer 26/
May set target number for migrants: completely of her own choosing. Which she missed, completely.
^Why set a target you can't hit? 27/
May makes rules she cant uphold or enforce, and sets targets she can't hit. Why?^
Fighting is a great excuse for not delivering change. 28/
So long as May was battling migrants, lawyers & judges, media show her in heroic light. Strong! Doughty! Fighting For You! /29
When pols stop fighting: bc they've won, or given up, or (ssh) compromised, then voters ask "what difference has this made to me?" /30
Enemy No 6. Remainers & EU27. See the anger. See the personalisation. See the "fighting talk". See the lack of a plan.
Classic May. 31/
May doesnt want to talk about her past (that would encourage analysis).She doesnt want to talk in detail about future (encourage debate) 32/
May wants voters' minds on her present fight - & present enemy. What/who ever that is. Today its Juncker. Tomorrow - she'll find one. 33/
May's success depends on Tory press (& TV following) clever selection of real human enemies - as proxies for wars on terror& migrants. 34/
Today:
Abstract enemy - Brexit
Human avatar - Juncker
See how angry she makes people. One can almost feel the spittle from this tweet 35/
May's actions arent entirely performative. Her policies do break up families of British citizens - and of refugees & migrants 36/
May could have brought confidence to the lives of maybe 3 million people who have made UK their home. She didnt want to. 37/
But IMO, May has always put "having a fight" above "making effective decisions & policies". She fears the end of fighting. 38/
May will always be looking for a fight. To distract us from the important things she's doing - or failing to do. We must remember this. 39/
When May attacks democratic instits & human rights we shd oppose. But smartly: always thinking how to avoid helping her distract. End. 40/40
Simon is right but... After tomorrow we enter stage two.
Remember Dacre wants elected judges. He wants the ability to influence the law. It's about power not terrorism.
As I said previously it's almost as if Trump wants a terrorist attacks as it can be used to manipulate the system to weaken the US's constitutional institutions.
Think about this. The Daily Mail is so different because?
Which brings me back to this:
lawfareblog.com/does-trump-want-lose-eo-battle-court-or-donald-mcgahn-simply-ineffectual-or-worse
From Feb:
The clearly foreseeable consequence of the roll-out combined with Trump’s tweets is to weaken the case for the legality of the EO in court. Why might Trump want to do that? Assuming that he is acting with knowledge and purpose (an assumption I question below), the only reason I can think of is that Trump is setting the scene to blame judges after an attack that has any conceivable connection to immigration. If Trump loses in court he credibly will say to the American people that he tried and failed to create tighter immigration controls. This will deflect blame for the attack. And it will also help Trump to enhance his power after the attack. After a bad terrorist attack at home, politicians are always under intense pressure to loosen legal constraints. (This was even true for near-misses, such as the failed Underwear bomber, which caused the Obama administration to loosen constraints on its counterterrorism policies in many ways.) Courts feel these pressures, and those pressures will be significantly heightened, and any countervailing tendency to guard against executive overreaction diminished, if courts are widely seen to be responsible for an actual terrorist attack. More broadly, the usual security panic after a bad attack will be enhanced quite a lot—in courts and in Congress—if before the attack legal and judicial constraints are seen to block safety. If Trump assumes that there will be a bad terrorist attack on his watch, blaming judges now will deflect blame and enhance his power more than usual after the next attack.
Be under no illusion. This is not about terrorism. Nor is it about how terrorists are getting away with things because of human rights.
This is about power. Power which will take away YOUR rights and will do bugger all to stop terrorism.
May will pose a direct threat to our democratic institutions and strong and stable Theresa is setting us up for more unnecessary constitutional crisis. Very similar to the US.
Try and get this message out today as much as possible.