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Could Boris Johnson Go To Jail Over Brexit?

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Topline: Brexit is back in the courts today, as Scottish judges hear arguments as to whether Prime Minister Boris Johnson could be sent to jail if he takes the U.K. out of the European Union without a trade deal at the end of the month.

Key background: Last month, U.K. lawmakers scrambled to secure a last-minute bill, called the Benn Act, to prevent a no-deal Brexit by requiring Johnson to ask Brussels for a delay if he does not secure a deal by October 19. On Wednesday, Johnson finally revealed his Brexit plans, declaring that the only alternative to his deal would be a no-deal exit. He has also previously said he would rather be “dead in a ditch” than delay Brexit further.

  • The case will ultimately determine the extent to which Johnson must abide by the Benn Act. The judge, Lord Pentland, will today hear arguments on what would happen if the prime minister ignored Parliament, with Johnson’s opponents arguing the penalties could include a fine or even going to prison.
  • Judges at Scotland’s Court of Session will also decide whether they could use their power to act on Johnson’s behalf, by writing the EU to ask for a delay to the October 31 deadline themselves.
  • The action is being launched by Scottish National Party MP Joanna Cherry, businessman Dale Vince, and barrister Jo Maugham QC (Queen’s Counsel).
  • It comes after cabinet minister Dominic Raab suggested that the government would test the limits of what the Benn Act requires.

Crucial quote: “If Boris Johnson tries to defy the law and defy both Holyrood [the Scottish parliament] and Westminster parliaments by crashing out of the EU without a deal, then we are calling on the Scottish courts to uphold the law," Cherry said.

Tangent: This is the fifth time Johnson has been taken to court over Brexit-related matters since he became PM in July. Last month, Britain’s Supreme Court ruled that Johnson’s move to suspend parliament for five weeks in the run-up to Brexit was unlawful. Opposition parties claim that Johnson was trying to avoid scrutiny of his Brexit plans with the move. Lawmakers returned to Parliament soon after.

What are the current chances of a deal?: Johnson earlier this week revealed his plan to solve the issue of Northern Ireland and trade with Ireland across the land border, one of the key sticking points in Brexit negotiations. A tweet from EU council chief Donald Tusk said it all: The bloc is “open, but still unconvinced.” 


European Commission head Jean-Claude Juncker has said more work is needed to strike a deal. Despite Johnson’s warning that he would walk away if there was no backing for his compromise, EU leaders have shown little support for the deal.

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