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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”.

Read more:
Boris Johnson hands COVID material to Cabinet Office in ‘full and in unredacted form’
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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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Isfahan, Natanz and Fordow: What we know about the US strikes on Iran’s nuclear facilities

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Isfahan, Natanz and Fordow: What we know about the US strikes on Iran's nuclear facilities

There is much that is still not known about the US strikes against Iran’s nuclear facilities.

Reports are coming in about which sites were hit and what military elements were involved, as President Donald Trump hails the attack on social media.

Here’s what we know so far.

Follow latest: US bombers strike three Iranian nuclear sites

Which sites were hit?

America appears to have hit the three key locations in Iran’s nuclear programme.

They include Isfahan, the location of a significant research base, as well as uranium enrichment facilities at Natanz and Fordow.

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Natanz was believed to have been previously damaged in Israeli strikes after bombs disrupted power to the centrifuge hall, possibly destroying the machines indirectly.

However the facility at Fordow, which is buried around 80 metres below a mountain, had previously escaped major damage.

Details about the damage in the US strikes is not yet known, although Mr Trump said the three sites had been “obliterated”.

Read more:
Fordow: What we know about Iran’s secretive ‘nuclear mountain’

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Sky’s Mark Stone explains how Iran might respond to the US strike on Tehran’s nuclear sites.

What weapons were used in the attacks?

The White House and Pentagon did not immediately elaborate on the operation, but a US official said B-2 heavy bombers were involved.

Fox News host Sean Hannity said he had spoken with the president and that six bunker buster bombs were used on the Fordow facility.

Bunker buster bombs are designed to explode twice. Once to breach the ground surface and again once the bomb has burrowed down to a certain depth.

A GBU-57, or the Massive Ordnance Penetrator bomb, at Whiteman Air Base in Missouri. in 2023. File pic: US Air Force via AP
Image:
A file picture of a GBU-57 bunker buster bomb, which was possibly used in the attack on Fordow. Pic: AP

Israel has some in its arsenal but does not have the much more powerful GBU-57, which can only be launched from the B-2 bomber and was believed to be the only bomb capable of breaching Fordow.

Hannity said 30 Tomahawk missiles fired by US submarines 400 miles away struck the Iranian nuclear sites of Natanz and Isfahan.

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‘Fordow is gone’: US warplanes strike three nuclear sites in Iran

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'Fordow is gone': US warplanes strike three nuclear sites in Iran

The US has carried out a “very successful attack” on three nuclear sites on Iran, President Donald Trump has said.

The strikes, which the US leader announced on social media, reportedly include a hit on the heavily-protected Fordow enrichment plant which is buried deep under a mountain.

The other sites hit were at Natanz and Isfahan. It brings the US into direct involvement in the war between Israel and Iran.

Israeli Prime Minister Benjamin Netanyahu hailed the “bold decision” by Mr Trump, saying it would “change history”.

Iran has repeatedly denied that it is seeking a nuclear weapon and the head of the UN’s nuclear watchdog said in June that it has no proof of a “systematic effort to move into a nuclear weapon”.

Follow latest: US bombers strike three Iranian nuclear sites

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Trump: Iran strikes ‘spectacular success’

Addressing the nation in the hours after the strikes, Mr Trump said that Iran must now make peace or “we will
go after” other targets in Iran.

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Commenting on the operation, he said that the three Iranian sites had been “obliterated”.

“There will be either peace or there will be tragedy for Iran far greater than we have witnessed over the last eight
days,” he said.

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Benjamin Netanyahu said Donald Trump and the US have acted with strength following strikes on Iran’s nuclear facilities.

In a posting on Truth Social earlier, Mr Trump said, “All planes are safely on their way home” and he congratulated “our great American Warriors”. He added: “Fordow is gone.”

He also threatened further strikes on Iran unless it doesn’t “stop immediately”, adding: “Now is the time for peace.”

It is not yet clear if the UK was directly involved in the attack.

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‘Iranians have to repond’

Read more:
Analysis: If Israel breaks Iran it will end up owning the chaos
Fordow: What we know about Iran’s secretive ‘nuclear mountain’

Among the sites hit was Fordow, a secretive nuclear facility buried around 80 metres below a mountain and one of two key uranium enrichment plants in Iran.

“A full payload of BOMBS was dropped on the primary site, Fordow,” Mr Trump said. “Fordow is gone.”

There had been a lot of discussion in recent days about possible American involvement in the Iran-Israel conflict, and much centred around the US possibly being best placed to destroy Fordow.

Meanwhile, Natanz and Isfahan were the other two sites hit in the US attack.

Natanz is the other major uranium enrichment plant in Iran and was believed to have possibly already suffered extensive damage in Israel’s strikes earlier this week.

Isfahan features a large nuclear technology centre and enriched uranium is also stored there, diplomats say.

Map showing the Fordow enrichment plant
Image:
Map showing the Fordow enrichment plant

US media reported that six ‘bunker buster’ bombs were used to strike Fordow.

Mr Trump said no further strikes were planned and that he hoped diplomacy would now take over.

It’s not yet known what Iran’s response will be – particularly as the government was already struggling to repel Israel.

However a commentator on Iranian state TV said every US citizen or military in the region was now a legitimate target.

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Like George W Bush did in Iraq, if Israel breaks Iran it will end up owning the chaos that could ensue

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Like George W Bush did in Iraq, if Israel breaks Iran it will end up owning the chaos that could ensue

Israelis are good at tactics, poor at strategic vision, it has been observed.

Their campaign against Iran may be a case in point.

Short termism is understandable in a region that is so unpredictable. Why make elaborate plans if they are generally undone by unexpected events? It is a mindset that is familiar to anyone who has lived or worked there.

And it informs policy-making. The Israeli offensive in Gaza is no exception. The Israeli government has never been clear how it will end or what happens the day after that in what remains of the coastal strip. Pressed privately, even senior advisers will admit they simply do not know.

It may seem unfair to call a military operation against Iran that literally took decades of planning short-termist or purely tactical. There was clearly a strategy of astonishing sophistication behind a devastating campaign that has dismantled so much of the enemy’s capability.

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How close is Iran to producing a nuclear weapon?

But is there a strategic vision beyond that? That is what worries Israel’s allies.

It’s not as if we’ve not been here before, time and time again. From Libya to Afghanistan and all points in between we have seen the chaos and carnage that follows governments being changed.

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Hundreds of thousands have died. Vast swathes of territory remain mired in turmoil or instability.

Which is where a famous warning sign to American shoppers in the 80s and 90s comes in.

Ahead of the disastrous invasion that would tear Iraq apart, America’s defence secretary, Colin Powell, is said to have warned US president George W Bush of the “Pottery Barn rule”.

The Pottery Barn was an American furnishings store. Signs among its wares told clumsy customers: “You break it, you own it.”

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Iran and Israel exchange attacks

Bush did not listen to Powell hard enough. His administration would end up breaking Iraq and owning the aftermath in a bloody debacle lasting years.

Israel is not invading Iran, but it is bombing it back to the 80s, or even the 70s, because it is calling for the fall of the government that came to power at the end of that decade.

Iran’s leadership is proving resilient so far but we are just a week in. It is a country of 90 million, already riven with social and political discontent. Its system of government is based on factional competition, in which paranoia, suspicion and intense rivalries are the order of the day.

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After half a century of authoritarian theocratic rule there are no opposition groups ready to replace the ayatollahs. There may be a powerful sense of social cohesion and a patriotic resentment of outside interference, for plenty of good historic reasons.

But if that is not enough to keep the country together then chaos could ensue. One of the biggest and most consequential nations in the region could descend into violent instability.

That will have been on Israel’s watch. If it breaks Iran it will own it even more than America owned the disaster in Iraq.

Iran and Israel are, after all, in the same neighbourhood.

Has Israel thought through the consequences? What is the strategic vision beyond victory?

And if America joins in, as Donald Trump is threatening, is it prepared to share that legacy?

At the very least, is his administration asking its allies whether they have a plan for what could come next?

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