Harry Dunn Update: No Sign Yet of Progress Down That Cleared Path

A circular path makes no progress

It's a good news / bad news situation for the Harry Dunn case, as we get ten days out from Joe Biden's visit to the UK.

The good news is "the path is clear" for something legal to happen, or at least that's what Foreign Secretary Raab told the British press ten days ago, seconded by Boris Johnson after his meeting with Biden.

The bad news is Raab's path is evidently circular, because it's been a little while and I see no evidence of any legal action progressing. Or maybe the path is a cul-de-sac, because it seems to lead nowhere.

Most of the time when politicians speak to us they're just playing chin music. We shouldn't pay much attention to the words they use, which are really lyrics and intended only to express emotion. They are poetry and not to be taken literally.

What exactly were the lyrics that Raab sang ten days ago on BBC Radio 4's Today Programme?

"The path is clear for the legal authorities in the UK to approach Anne Sacoolas's lawyers - without any problem from the US government - to see whether some kind of virtual trial or process could allow some accountability and some solace and some justice for the Dunn family … I would like to see some accountability. I think the family deserve no less."

Let's do a little close reading of that statement, the one that launched a thousand misguided headlines, and see how it holds up to a non-poetic analysis. I have many questions.

First, “the path is clear” - Who cleared it? Was an obstacle removed? If so, what was that obstacle? Do the legal authorities in the UK agree with Raab? Who speaks for them, and what does that spokesperson say? Will any UK news organization please ask the Crown Prosecution Service exactly what action it is that they will now take?

Next, “without any problems from the U.S. government” – Doesn’t the fact the USG refused a UK request to extradite the American driver constitute a major problem for any UK legal authority that wishes to prosecute her? Doesn’t the fact that the driver was immune to the criminal jurisdiction of the UK, as has been affirmed by the UK High Court, present another major problem for any UK legal authority that wishes to prosecute her? Doesn’t the fact that diplomatic immunity includes immunity against having to give testimony in court present yet another problem to any UK legal authority that wishes to prosecute her, either in absentia or virtually or in any other way?

Then, “some kind of virtual trial or process” – Is there any kind of trial or process that could be conducted given the defendant’s acknowledged immunity to criminal jurisdiction? Has the CPS now reversed its opposition to trial in absentia ("CPS has written to Anne Sacoolas' lawyers explaining the trial over a video conference idea was not possible over concerns she would not surrender to the court or accept its powers")?

Next, “some solace and some justice for the Dunn family” – Has the Dunn family ever so much as hinted that they would receive solace or justice from any outcome other than the American driver being denied diplomatic immunity and extradited to the UK for trial? If so, please show me where and when they said that.

Lastly and most importantly, “I think the family deserve no less” – Does the family deserve to be misled about the absence of real prospects for a trial? Does the family deserve to be played by weasel-worded official statements that slyly imply what they will not say outright? Rather, doesn't the family instead deserve no less than to be treated as adults and told the unwanted, even tragic, truth?

That refusal by politicians and bureaucrats to speak truth to those who don't want to hear it is where the harm is done, because the Dunn family will grasp at any straw and they take Raab's lyrics literally:

Mr Dunn's mother told LBC: 'It means that there are no hurdles to get over now.'

'We're so grateful to the politicians for clearing the path so we'll just leave it all to the CPS now and wait to hear from them as to what the next steps will be.'

That wait will be quite a while, I think. Reality will set in some day, but that day will not be anytime soon.