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The Cabinet Office is seeking a judicial review of Baroness Hallett’s order to release Boris Johnson’s WhatsApp messages, diaries and notebooks, it confirmed in a letter to the COVID inquiry.

The government department said it was bringing a judicial review challenge “with regret” – but added that there were “important issues of principle at stake”.

Despite the development, it said it would “continue to co-operate fully with the inquiry before, during and after the jurisdictional issue in question”.

The legal action comes after days of wrangling in which the government hesitated over handing the tranche of documents to the public inquiry over fears it would compromise ministers’ and other individuals’ right to privacy.

Outlining its refusal to hand over the material in its letter, the Cabinet Office again questioned whether it had “the power to compel production of documents and messages which are unambiguously irrelevant to the inquiry’s work”.

COVID legal challenge ‘desperate attempt to withhold evidence – politics latest

Such materials include personal messages and “matters unconnected to the government’s handling of COVID”, it said.

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It argued that requesting “irrelevant” material “represents an unwarranted intrusion into other aspects of the work of government” and that “important issues of principle are at stake here, affecting both the rights of individuals and the proper conduct of government”.

It said it had explored “a number of possible avenues for resolving this difference of opinion”, including offering redacted versions of the materials and “a more focused or sequential approach to the direction of the information requirements”.

“We remain hopeful and willing to agree together the best way forward.”

Inquiry chair Lady Hallett ordered the government to hand over the documents last week without any amendments, using a section 21 notice.

The tranche includes messages sent between former prime minister Mr Johnson and his fellow ministers and advisers during the pandemic, as well as diary entries.

But the Cabinet Office said today that Mr Johnson’s messages did not cover whole period the inquiry wants because he was using a new phone from May 2021.

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Rishi Sunak gives his response to speculation surrounding Boris Johnson’s messages being given to the COVID inquiry.

A government lawyer said the former prime minister had also swapped his own legal representation recently and gave “specified legal counsel permission to access an electronic record of certain WhatsApps” over the past two days.

Then on Wednesday night, Mr Johnson “invited Cabinet Office to share this information with the inquiry”.

“By working through the night, lawyers acting for Cabinet Office have now completed our review for national security and unambiguously irrelevant material and are in a separate communication providing the relevant material to the inquiry today,” it added/

What is the COVID inquiry asking for?

  • Unredacted messages sent and received by Boris Johnson between 1 January 2020 and 24 February 2022.
  • Unredacted diaries for Mr Johnson between 1 January 2020 and 24 February 2022
  • Copies of 24 unredacted notebooks filled in by Mr Johnson between 1 January 2020 and 24 February 2022
  • Unredacted messages sent and received by adviser Henry Cook between 1 January 2020 and 24 February 2022.
  • The inquiry wants messages – even from group chats – about the government response to COVID, as well as contact with a list of certain experts, ministers, civil servants and advisers

But the department wanted to note they had “not been able to verify the completeness of this material” given to them by Mr Johnson, saying it did not cover the “whole of the specified time period, but only the period from May 2021 when the former prime minister acquired a new phone”.

It added: “We have asked Boris Johnson if he will provide to us any further messages caught by the Section 21 notice.”

The inquiry confirmed on Thursday afternoon that it had received a response from the Cabinet Office.

In a short statement, it said: “At 4pm today the chair of the UK COVID public inquiry was served a copy of a claim form by the Cabinet Office seeking to commence judicial review proceedings against the chair’s ruling of 22 May 2023.”

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The Cabinet Office has reiterated its refusal to hand over some of Boris Johnson’s WhatsApp messages to the COVID inquiry

Further information will be provided at a preliminary hearing at 10.30am on 6 June, it said.

On Wednesday afternoon, Mr Johnson’s team said all the information the inquiry wanted had been passed to the Cabinet Office.

His spokesman said the ex-prime minister wanted the Cabinet Office to “urgently” hand over the material, in a move that put pressure on Rishi Sunak and the government to hand over the documents.

Responding to the judicial review, Labour’s deputy leader Angela Rayner accused Mr Sunak of undermining the inquiry and said he was “hopelessly distracted with legal ploys to obstruct the Covid Inquiry in a desperate attempt to withhold evidence”.

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“Instead of digging himself further into a hole by pursuing doomed legal battles to conceal the truth, Rishi Sunak must comply with the Covid Inquiry’s requests for evidence in full. There can be no more excuses.”

Daily Cooper, the deputy leader of the Liberal Democrats, also criticised the government’s decision, calling it a “kick in the teeth” for bereaved families.

“This cowardly attempt to obstruct a vital public inquiry is a kick in the teeth for bereaved families who’ve already waited far too long for answers.

“The government is delaying the inquiry even further and clogging up court time, all to prevent Sunak and his Conservative colleagues from having to release their messages.”

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Twelve British soldiers injured in major traffic pile-up in Estonia – local media

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Twelve British soldiers injured in major traffic pile-up in Estonia - local media

Twelve British soldiers were injured in a major traffic pile-up in Estonia, close to the border with Russia, local media have reported.

Eight of the troops – part of a major NATO mission to deter Russian aggression – were airlifted back to the UK for hospital treatment on Sunday after the incident, which happened in snowy conditions on Friday, it is understood.

Five of these personnel have since been discharged with three still being kept in the military wing of the Queen Elizabeth Hospital in Birmingham.

The crash happened at an intersection at around 5pm on Friday when the troops were travelling in three minibuses back to their base at Tapa.

Two civilian cars, driven by Estonians, are thought to have collided, triggering a chain reaction, with four other vehicles – comprising the three army Toyota minibuses and a third civilian car – piling into each other.

According to local media reports, the cars that initially collided were a Volvo S80, driven by a 37-year-old woman and a BMW 530D, driven by a 62-year-old woman.

The Estonian Postimees news site reported that 12 British soldiers were injured as well as five civilians. They were all taken to hospital by ambulance.

The British troops are serving in Estonia as part of Operation Cabrit, the UK’s contribution to NATO’s “enhanced forward presence” mission, which spans nations across the alliance’s eastern flank and is designed to deter attacks from Russia.

Around 900 British troops are deployed in Estonia, including a unit of Challenger 2 tanks.

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A spokesperson for the Ministry of Defence said: “Several British soldiers deployed on Operation CABRIT in Estonia were injured in a road traffic incident last Friday, 22nd November.

“Following hospital treatment in Estonia, eight personnel were flown back to the UK on an RAF C-17 for further treatment.

“Five have since been discharged and three are being cared for at the Royal Centre for Defence Medicine, Queen Elizabeth Hospital Birmingham. We wish them all a speedy recovery.”

Defence Secretary John Healey said: “Following the road traffic incident involving British personnel in Estonia, my thoughts are with all those affected, and I wish those injured a full, swift recovery.

“Thanks to the Royal Centre for Defence Medicine at Queen Elizabeth Hospital Birmingham for their excellent care.”

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Egypt: Two Britons believed to be among 16 missing as tourist boat sinks after being ‘hit by large wave’

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Egypt: Two Britons believed to be among 16 missing as tourist boat sinks after being 'hit by large wave'

Two Britons are believed to be among more than a dozen people missing after a boat sank in the Red Sea off the Egyptian coast.

The yacht, called Sea Story, had 44 people on board, including 31 tourists of varying nationalities and 13 crew.

Authorities are searching for 16 people, including 12 foreign nationals and four Egyptians, the governor of the Red Sea region said, adding that 28 other people had been rescued.

Preliminary reports suggested a sudden large wave struck the vessel, capsizing it within about five minutes, governor Amr Hanafi said.

“Some passengers were in their cabins, which is why they were unable to escape,” he added in a statement.

Pic: STR/EPA-EFE/Shutterstock

More than dozen missing after tourist boat sinks off Red Sea in Egypt, Marsa Alam - 25 Nov 2024
Survivors of the sinking boat rest at a harbor in Marsa Alam, Red Sea Governorate, in Egypt 25 Novermber 2024.
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Survivors rescued from the Sea Story in Marsa Alam. Pic: STR/EPA-EFE/Shutterstock

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Passengers rescued from sunken tourist boat

The people who were rescued only suffered minor injuries such as bruises and scrapes with none needing hospital treatment.

A Foreign, Commonwealth and Development office spokesperson said: “We are providing consular support to a number of British nationals and their families following an incident in Egypt and are in contact with the local authorities.”

The foreign nationals aboard the 34-metre-long vessel, owned by an Egyptian national, included Americans, Belgians, British, Chinese, Finns, Germans, Irish, Poles, Slovakians, Spanish, and Swiss.

Sea Story had no technical problems, obtained all required permits before the trip, and was last checked for naval safety in March, according to officials.

The four-deck, wooden-hulled motor yacht was part of a multi-day diving trip when it went down near the coastal town of Marsa Alam following warnings about rough weather.

Egypt map

Officials said a distress call was received at 5.30am local time on Monday.

The boat had left Port Ghalib in Marsa Alam on Sunday and was scheduled to reach its destination of Hurghada Marina on 29 November.

The Sea Story was carrying 45 people according to a statement by the Red Sea Governorate.
Pic: Dive Pro Liveaboard
Image:
The Sea Story had 44 people on board. File pic: Dive Pro Liveaboard

Some survivors had been airlifted to safety on a helicopter, officials said.

The firm that operates the yacht, Dive Pro Liveaboard in Hurghada, said it has no information on the matter.

According to its maker’s website, the Sea Story was built in 2022.

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The incident comes after the Egyptian Meteorological Authority issued a warning on Saturday about turbulence and high waves on the Red Sea.

The organisation had advised against maritime activity for Sunday and Monday.

Some tourist companies have stopped or limited operations on the Red Sea due to the potential dangers from conflicts in the region.

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Prosecutors file to drop 2020 presidential election interference charges against Trump

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Prosecutors file to drop 2020 presidential election interference charges against Trump

A motion has been filed to drop the charges against Donald Trump of plotting to overturn the 2020 US presidential election result.

Mr Trump was first indicted on four felonies in August 2023: Conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and an attempt to obstruct an official proceeding, and conspiracy against rights.

The president-elect pleaded not guilty to all charges and the case was then put on hold for months as Mr Trump’s team argued he could not be prosecuted.

U.S. Special Counsel Jack Smith looks on as he makes a statement to reporters after a grand jury returned an indictment of former U.S. President Donald Trump in the special counsel's investigation of efforts to overturn his 2020 election defeat, at Smith's offices in Washington, U.S. August 1, 2023. REUTERS/Kevin Wurm TPX IMAGES OF THE DAY
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Special Counsel Jack Smith. Pic: Reuters

Donald Trump supporters storm the US Capitol
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Donald Trump supporters storm the US Capitol

On Monday, prosecutors working with special counsel Jack Smith, who had led the investigation, asked a federal judge to dismiss the case over long-standing US justice department policy, dating back to the 1970s, that presidents cannot be prosecuted while in office.

It marks the end of the department’s landmark effort to hold Mr Trump accountable for the attack on the US Capitol on 6 January 2021 when thousands of Trump supporters assaulted police, broke through barricades, and swarmed the Capitol in a bid to prevent the US Congress from certifying Joe Biden’s 2020 election victory.

Trump plays blinder as accusers forced to turn blind eye over Capitol riots

In winning the White House, he avoids the so-called ‘big house’.

Whether or not prison was a prospect awaiting Donald Trump is a moot point now, as he now enjoys the protection of the presidency.

The delay strategy that he pursued through a grinding court process knocked his federal prosecution past the election date and when his numbers came up, he wasn’t going down.

Politically, and legally, he has played a blinder.

Read more analysis from James Matthews here

Mr Smith’s team had been assessing how to wind down both the election interference case and the separate classified documents case in the wake of Mr Trump’s election victory over vice president Kamala Harris earlier this month, effectively killing any chance of success for the case.

In court papers, prosecutors said “the [US] Constitution requires that this case be dismissed before the defendant is inaugurated”.

They said the ban [on prosecuting sitting presidents] “is categorical and does not turn on the gravity of the crimes charged, the strength of the government’s proof, or the merits of the prosecution, which the government stands fully behind”.

Mr Trump, who has said he would sack Mr Smith as soon as he takes office in January, and promised to pardon some convicted rioters, has long dismissed both the 2020 election interference case and the separate classified documents case as politically motivated.

Trump supporters try to break through a police barrier at the Capitol in Washington
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Trump supporters try to break through a police barrier at the Capitol in Washington. Pic: AP

He was accused of illegally keeping classified papers after leaving office in 2021, some of which were allegedly found in his Mar-a-Lago home in Florida.

The election interference case stalled after the US Supreme Court ruled in July that former presidents have broad immunity from prosecution, which Mr Trump’s lawyers exploited to demand the charges against him be dismissed.

Mr Smith’s request to drop the case still needs to be approved by US District Judge Tanya Chutkan.

No date had been set for a trial.

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At least 1,500 cases have been brought against those accused of trying to overthrow the election result on 6 January 2021, resulting in more than 1,100 convictions, the Associated Press said.

More than 950 defendants have been sentenced and 600 of them jailed for terms ranging from a few days to 22 years.

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