How the media (and we, if we're not careful) get played.

[Denzil_DC]

3. Absolutely, muriel. No amount of PR can change that.

I think we've been pretty good on here during this latest episode at focusing on that fact.

But look at the headlines in the Sunday press, which is what most of the public will see, even if they don't buy and read the paper or listen in detail to the broadcast.

Nevertheless, the Scottish Court of Session is due to convene tomorrow, having lined up a hearing in advance in case Johnson tried to circumvent or not comply with its earlier ruling (even prepared, if the worst had come to the worst, to compel the sending of the extension request). I assume it will still convene to check in on matters and decide whether there's been a contravention of the Padfield principle: "a minister cannot send a side letter to the European Union saying that the UK does not really want an extension and asking EU to reject the application".

Johnson's signed letter that accompanied the extension request seems to have been reasonably carefully framed to skirt that principle without necessarily contravening it, but it's a fine call.

This was the initial reaction from Joanna Cherry (one of the prime movers in seeking judicial compulsion of compliance) before Tusk indicated he was going to act on the request:

Link to tweet

Joanna Cherry QC MP ✔
@joannaccherry

This is pathetic. NB @BorisJohnson promised #Scottish court he would comply with #BennAct & not seek to frustrate it. Looks like he’s breaking both promises. Fortunately no need to raise new proceedings our existing case is back in court on Monday #Brexit

Link to tweet

…

Tim Shipman @ShippersUnbound

NEW: Boris’s three letters to circumvent the Benn act
1) a photocopy of the letter in the bill, unsigned
2) a covering note from Sir Tim Barrow which basically says “we’re sending you this because we have to”
3) a signed letter from Boris saying we don’t want an extension

And here's her latest reaction:

Link to tweet

Joanna Cherry QC MP ✔
@joannaccherry

This is correct. The political reality is that @BorisJohnson has capitulated & requested an extension of #Art50. The #BennAct & the sword of Damocles wielded by #Scottish Courts has worked. @eucopresident is taking it seriously. #SuperSaturday result!

Link to tweet

…

Lewis Goodall ✔
@lewis_goodall

Forget the spin and the other letters. The story of the night is that Boris Johnson has sent the letter and asked for an extension, after saying he never ever would.

I don't know whether this indicates that they aren't going to pursue this in the Court of Session.

I'm torn about what would be best. It could prove a pointless distraction, given that Tusk seems to be proceeding (and given everything else that's going on next week), and just shore up Johnson's PR game.

On the other hand, given the tenor of Johnson's signed accompanying letter and his continued insistence that he "won't negotiate"*, a shot across Johnson and Cummings's bows at this point might not be a bad thing, as there's lots of scope for back channel shenanigans to try to thwart the intent of the Benn Act.

This is a side issue from the OP's point, of course.


* Somebody asked on Twitter whether "won't negotiate" meant that if the EU said the UK could have a two-year extension, Johnson wouldn't try to negotiate that down!