Bullshit Alert

On Tuesday night's Newsnight, Mark Stephens, a media lawyer, questioned what was the motive for the Attorney General seeking the interim injunction, granted by Mr Justice Wilke, against the BBC on the cash for honours scandal. He opined that it was not a legal reason, because there was not a valid legal reason for applying for it. Therefore, the only other option available is that it was sought for a political motive. It has to be said that the Attorney General, Lord Goldsmith, is too corrupt to remain in office. He should tender his resignation, and failing that he should be sacked like any other worker caught with his hands in the till. His conduct displays the behaviour usually associated with the common criminal. A law officer who breaks the law and shows such contempt for the rule of law is clearly not fit for purpose.

In today's Guardian, "Move to gag media was not political, Goldsmith says", by Vickram Dodd, Lord Goldsmith, "insisted he had been acting as a lawyer and not as a politician". This amount of bullshit requires a large shovel to move it out of the way to get at the truth. Mark Stephens, in Tuesday's Timesonline, "Comment: why cash-for-honours injunctions are ludicrous", argued that Goldsmith's move was without legal precedent. That does not prevent someone from pioneering a new path through the jungle. I have done it myself many times with great success. However, take a pinch of salt with the bullshit and it won't taste any better. Because Goldsmith has at least set two precedents where he has taken political as opposed to legal decisions, one was the advice he changed for Tony Blair on the Iraq war, and the other was the decision not to pursue the Saudi deal with the Serious Fraud Office.

Along with Mark Stephens, I question Mr Justice Wilke's judgment. Given that he is unable to give a written explanation how he arrived at his decision, perhaps he should take a rest until he recovers? Harlow and Rawlings have argued that there are red light and green light theorists. The former believe in curbing the excesses of the State, by stopping it dead in its tracks. Whereas the latter believe in allowing the State to trample all over our civil liberties. Mrs Justice Swift by removing the injunction not only applied common sense, but also applied established legal principles to the case. For justice to not only be seen to be done but manifestly seen to be done, it requires Mr Justice Wilkes to make a public statement to justify his reasoning or we can safely assume that he has lost his sense of reasoning in which case he is not fit for purpose and should stand down or be removed from judicial office.

The place for manure is on a compost heap or on the garden. Not in the Attorney General's office and sitting in the High Court of Justice.