The argument now distracting and dominating the European Union is an unequal battle with the potential for far-reaching consequences.
On one side is Poland, enthusiastically supported by Hungary, and determined to prove that one of the fundamental tenets of European solidarity isn’t so fundamental after all.
On the other side is, well, just about everyone else. Some of them pressing for a conciliatory “let’s not be too harsh” debate; others wanting to go in hard.
The cause of all this anger is one of those bits of domestic news that sounds dry but has explosive potential.
In short, the country’s top court, acting on a request from Prime Minister Mateusz Morawiecki, declared that, in some areas, the national constitution took precedence over European law.
Advertisement
And that has set great, big alarm bells ringing. Because the golden rule of EU Club is that EU Club laws always come first. They must take primacy, to coin a phrase that has popped up a lot over the past few days.
“If you want to have the advantages of being in a club, then you need to respect the rules,” Belgian Prime Minister Alexander de Croo said. “You can’t be a member of a club and say ‘the rules don’t apply to me’.”
More on European Union
Related Topics:
The Polish Prime Minister does not agree, accusing the EU of “blackmail” because of suggestions that Poland could now face sanctions. He said his country was “ready for dialogue” but refused to distance himself from the controversial court ruling.
There is no mechanism for throwing Poland out of the EU (not that anybody would want to go anywhere near that far) and, realistically, Poland has no desire to leave, either. So instead, the question is whether the EU wants to levy a punishment.
That could mean withholding financial payments, for instance, or curtailing the country’s rights as a member state.
It wouldn’t be unprecedented – Poland is already facing daily fines of half a million Euros for continuing to extract lignite from a mine near the border with the Czech Republic in defiance of a court order. There is a suspicion that Mr Morawiecki is rather relishing his battle with Brussels.
But he is not alone. Viktor Orban, the populist Prime Minister of Hungary, has repeatedly infuriated the EU with his own policies. Here, he came to town ready to leap to Poland’s defence.
“Poland – the best country in Europe – there’s no need to have any sanctions,” he said.
“We are not building fronts here, we are fighting for issues which are important for our own nations. So we make an alliance and fight together – this is the logic we are doing here. It’s not like the cold war or something like that, creating blocs.”
So, I asked Mr Orban, did he agree – did he think that Hungarian law held primacy over EU law?
He smiled. In fact, he almost laughed. “The fact is very clear that the primacy of EU law is not in the treaty at all. So the EU has primacy where it has competences. The question is about the competences.
“What’s going on here is that – regularly – European Institutions circumvent the rights of the national parliament and government and modify the treaty without having any legitimate authority to do so. So the Polish are right.”
He told me there was no schism between the east and west of Europe, but rather “between common sense and non-common sense”. With a shrug, he declared that the idea of levying sanctions against Poland was “ridiculous”.
So we are heading for a proper row. Is it worth it – the EU going into a political battle with one of its own members? It’s a question I put to the Dutch Prime Minister, Mark Rutte.
“I think we have to be tough but I think the question is how do you get there,” he told me. “My argument will be that the independence of the Polish judiciary is the key issue which we have to discuss and we have to settle.
“Poland has to take the necessary steps – that is non-negotiable. This has to do with the foundations of our democracy in this part of the world. So here we cannot negotiate.”
Of course, the EU has plenty of form at creating a crisis, only to then come up with a way to solve it. But this doesn’t feel stage-managed. It feels awkward and painful – the Germans, for instance, don’t seem to want to interfere, but nor do they want to be seen as too passive.
But Poland has popped up repeatedly in recent missives from Brussels. Its border with Belarus has been the site for migrants being pushed towards Europe by President Lukashenko, only to be stopped in their tracks by the Polish police.
Its rules on LGBTQ+ rights have been widely criticised, as have the country’s laws on equality.
And, just like Mr Orban, Poland’s prime minister seems to see political capital in having a row with other EU leaders (especially ones from the west) while retaining the financial advantages of EU membership.
So this won’t end with Poland leaving, or being dismissed from the club. But we may be heading for an almighty row, that leads to… we don’t know where.
The man who drove a pick-up truck into people celebrating the New Year in New Orleans is believed to have acted alone, according to the FBI – as new information was revealed about the two improvised explosive devices (IEDs) recovered near the scene.
There is also “no definitive link” between the attack and the Cybertruck explosion in Las Vegas, said FBI deputy assistant director Christopher Raia.
Shamsud-Din Jabbar’s rented truck rammed into people in New Orleans’ famous Bourbon Street, killing 14 and injuring dozens, in the early hours of New Year’s Day.
Mr Raia called the attack “premeditated” and an “evil” act of terrorism, and said Jabbar was “100% inspired by ISIS”, also known as Islamic State.
He also said the FBI was reviewing two laptops and three phones linked to Jabbar, as well as two improvised explosive devices (IEDs) recovered near the scene of the attack.
The two “functional” devices contained nails and were made of galvanized pipe with end caps, and taped inside two coolers, according to Sky News’ US partner NBC News, citing the FBI and two senior US law enforcement officials. Both devices had receivers for remote firing, they said.
It was not immediately clear if Jabbar tried to detonate the devices, or if they malfunctioned, the officials said.
And during a search of Jabbar’s home in Houston, investigators found remnants of bomb making.
Please use Chrome browser for a more accessible video player
8:55
New Orleans attacker was lone wolf – FBI
Five videos posted in hours before attack
The 42-year-old army veteran, who was born in the US and lived in Texas, was shot dead after he crashed and opened fire on police.
The FBI said he posted five videos on his Facebook account between 1.29am and 3.02am – with the attack taking place around 3.15am.
In one, he said he planned to harm family and friends but was concerned headlines would not focus on the “war between the believers and disbelievers”.
He also joined Islamic State “before this summer” and provided a will, Mr Raia told reporters.
A black ISIS flag was attached to the back of the white Ford truck used in the attack and was pictured lying next to the vehicle.
Authorities said Jabbar drove around police barricades on to the footpath, with witnesses describing carnage as the truck sped down the street, knocking people over.
“You just heard this squeal and the rev of the engine and this huge loud impact and then the people screaming,” said one witness, Kimberly Strickland from Alabama.
Barriers protecting pedestrians had been removed for repairs before the attack, city officials said, and were due to be replaced with a new bollard design.
Please use Chrome browser for a more accessible video player
0:35
New Orleans police chief challenged by Sky’s US correspondent James Matthews
While the works were taking place, they had been replaced with white gate barriers which were managed by the New Orleans Police Department, according to the City Of New Orleans.
Among the victims named so far are an 18-year-old aspiring nurse, a single mother with a four-year-old son, and a graduate of Princeton University.
Please use Chrome browser for a more accessible video player
3:41
‘I love you’ – victim’s last words to brother
What we know about Shamsud-Din Jabbar
The FBI also said CCTV showed Jabbar placing the IEDs near the scene. However, none of them went off.
The investigation is expected to look at any support or inspiration he may have drawn from IS or any of its affiliate groups.
The bureau has received more than 400 tips from members of the public and more than 1,000 agents and officers have been working on the case.
Jabbar held human resources and IT roles in the army from 2007 until 2015, and was stationed in Afghanistan for a year. He was then in the reserves until 2020.
Meanwhile, the Sugar Bowl college American football game went ahead on Thursday afternoon, with a moment of silence beforehand, after being postponed on Wednesday following the attack. The city will also host the Super Bowl next month.
Did the authorities fail the victims of the New Orleans terror attack? It’s barely in question, surely.
And yet, consider the response of Superintendent Anne Kirkpatrick of New Orleans police when I asked if she’d let them down by not having an appropriate security plan.
“That’s not correct, we would disagree with that.”
“It has to be a security failure?” I suggested.
“We do know that people have lost their lives,” she responded. “But if you were experienced with terrorism, you would not be asking that question.”
With that, she was escorted away from gathered journalists by her media handlers.
Please use Chrome browser for a more accessible video player
3:11
How much of a threat does ISIS pose?
Superintendent Kirkpatrick had been holding a short news conference at the end of Bourbon Street to herald its re-opening. It was just yards from the spot where a terrorist was able to drive through a gap in a makeshift line of obstructions and accelerate towards New Year crowds.
More on New Orleans Attack
Related Topics:
Invoking “experience with terrorism” is something to ponder. What experience told authorities they had adequate protection against a vehicle attack?
What experience told them it was appropriate to have a car’s width gap in makeshift street barricades?
What experience told them to contradict the security protocols of major cities around the world when it comes to large public gatherings?
To many, the answer shouldn’t be talk of experience – it should be, simply: “Sorry.” Notably, it has seemed to be the hardest word in a series of briefings by authorities who have bristled at the notion of security failings.
I asked Jack Bech for his view. He lost his brother Martin, or ‘Tiger’ in the Bourbon Street attack. He told Sky News he watched the final moments of his brother’s life on a FaceTime call to an emergency room as doctors tried, but failed, to save him.
It’s one heartbreaking story among dozens in this city.
On security, he said: “You can’t blame them. That dude easily could have been walking through the crowd with a jacket on and a bomb strapped to his chest.”
True. But the least that might be expected is an acknowledgement of failure to stop the man who drove his weapon into the crowd because he was able to. They certainly can’t claim success.
A measure of contrition would, perhaps, help the healing in this city. Experience should tell them that, if nothing else.
South Korean investigators have failed to detain impeached President Yoon Suk Yeol after a nearly six-hour standoff with his security service.
It is the latest confrontation of a political crisis that has paralysed South Korean politics and seen two heads of state impeached in under a month.
The country’s anti-corruption agency said it withdrew its investigators after they were blocked from entering Mr Yoon’s official residence due to concerns about the safety of its members.
The agency expressed “serious regret about the attitude of the suspect, who did not respond to a process by law”.
Mr Yoon, a former prosecutor, has defied investigators’ attempts to question him for weeks.
The last time he is known to have left the residence was on 12 December.
More on South Korea
Related Topics:
Investigators from the country’s anti-corruption agency are weighing charges of rebellion after Mr Yoon, apparently frustrated that his policies were blocked by an opposition-dominated parliament, declared martial law on 3 December and dispatched troops to surround the National Assembly.
Parliament overturned the declaration within hours in an unanimous vote and impeached Mr Yoon, accusing him of rebellion, while South Korean anti-corruption authorities and public prosecutors opened separate investigations into the events.
A Seoul court issued a warrant for Mr Yoon’s detention on Tuesday, but enforcing it is complicated as long as he remains in his official residence.
Nearly five hours after dozens of investigators and police officers were seen entering the gate of the residence in Seoul to execute the warrant, the dramatic scene appeared to have developed into a standoff.
Analysis: President Yoon standing firm against the law
It appears President Yoon is ready to keep defying anti-corruption officials.
The warrant for his arrest expires on Monday, so those determined to see him detained will have to think fast.
Yoon’s legal team insists the move is “illegal and invalid”.
They’re basing their case on a law which prevents locations potentially linked to military secrets from being searched without the consent of the person in charge – in this case Yoon.
There was speculation Yoon might try to hide in a bunker in his residence.
But whatever happens next, whatever cover he continues to find, Yoon’s political career is all but over.
And the longer the stand-off, the more damaging it is for South Korea’s democratic reputation.
The ultra conservative’s two-and-a-half years in office have been marked by scandal.
His attempt to defy arrest is a damning denouement.
If he is eventually detained, Yoon, who was impeached by parliament last month, would become the first sitting president to be arrested.
The country’s constitutional court will ultimately decide whether to uphold the impeachment vote.
That move would trigger an election for a new president.
Seok Dong-hyeon, one of several lawyers on Yoon’s legal team, confirmed the investigators arrived at the building and said the agency’s efforts to detain Yoon were “reckless” and showed an “outrageous discard for law.”
South Korea’s Defence Ministry confirmed the investigators and police officers got past a military unit guarding the residence’s grounds before arriving at the building.
The presidential security service, which controls the residence itself, refused to comment on whether its members were confronting investigators.
The liberal opposition Democratic Party called on the country’s acting leader, Deputy Prime Minister Choi Sang-mok, to order the presidential security service to stand down.
Mr Yoon’s defence minister, police chief and several top military commanders have already been arrested over their roles in the period of martial law.