The Wolchover Action Group (HERE) have been busy sending letters to police forces all round the country alleging a crime has occurred. The crime of misconduct in a public office, the letters claim, was committed by the the prime minister in submitting the Article 50 notification when no constitutional decision has been lawfully made by parliament. These letters have been forwarded to Cressida Dick, Commissioner of the Metropolitan police and she is said to be considering them.
David Wolchover, the barrister who started it all, but actually isn't part of the group, has now written a letter to Mrs Dick (HERE) in which he says, "Any prevarication, indeed – not to put too fine a point on it – stonewalling, would be quite unconscionable since there is the very clearest evidence of the commission of what amounts to a grave criminal offence".
He then summarises what he says are the "unchallengeable facts" and I have to say it all looks watertight to me - but then again a lot of things do, but I am not a lawyer. The least one can say is that he has an arguable case. This is politically explosive so the police will no doubt take extensive legal advice from the DPP (Director of Public Prosecutions) before deciding on the next steps. The newspapers do not appear to have got wind of this campaign so far, at least I read nothing about it, but when they do it will be "enemies of the people" and "saboteurs" all over again.
As far as I can see the issue about who makes the decision to leave the EU is more than academic. If a question mark is raised about its legality then it must be resolved otherwise whatever treaty is negotiated between us and the EU "may not be justiciable" in Mr Wolchover's phrase. This means it would effectively be worthless. And if there is any doubt you can be sure someone will exploit it later when it will be even more difficult to resolve.
If the police take no further action I am sure a private prosecution would be launched. I can't image a matter as important as this can be left up in the air.
However, even if proved I am not sure Brexit would be stopped. Mrs May and David Davis are not going to wind up in prison but they will be embarrassed by it all, internationally we are going to look even more stupid than we do at the moment and Brexit will be delayed while parliament takes the formal step of making the constitutionally legal decision. It's hard to see MPs voting against it but the Lords night be a bit more awkward. But there will be a further delay and time is on our side.
The longer it all takes, the more people will change their mind. I am convinced of this.
