Everyone's famous consttutional commentator, David Allan Green, has said that there was always a very interesting aspect of both cases against prorogation, in that in submissions for both cases there was no affidavit from either a Minister of senior civil service that this was the truth, the real reason (to prepare for a new Queen's Speech).
Such legal statements are not only usual, almost always are a feature of submissions, so that one, or several, were not there, is the thing.
Like in a Sherlock Holmes story of the dog that did not bark.
The reason for there not being one is that either the Minister(s) or senior civil servant(s) in question refused to do so, knowing that what they would be swearing to was not true.
That there was other evidence somewhere that would contradict this, and they could be charged for perjury (or whatever law they would have broken). I no legal guy.
But, finally, on Monday, the Commons passed a law requiring the Government to release all documentation relating to the prorogation bu 23:00 tonight.
A law.
In order to have avoided the defeat in the Scottish courts would to have provided a sworn statement.
But the Government didn't.
Or couldn't.
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