His team is preparing for a possible legal appeal, such as a judicial review, if the case is referred to the High Court. The inquiry chair could also decide it simply would not be in the public interest to legally pursue a minister who in other ways has been of assistance.
In the meantime, there’s some frustration among those watching the inquiry that important evidence has been overshadowed by the Mercer show. Lydia Day, who has been following the hearings closely as part of the University of Westminster’s Underrated research project, said Mercer’s failure to comply with the inquiry would be “deeply concerning.”
But, she added, the row “should not distract from the importance of Mercer’s evidence.” She’s particularly focused on the airing of such damaging claims while ministers push on with legislation that “makes it even harder for former service personnel to be held accountable for precisely the actions that Mercer was so concerned about.”
Others are more sanguine. “We’re not spending our days worrying about Johnny Mercer,” one person linked to the inquiry said.
Mercer has experience — of a kind — with the prison system, having appeared on the “Banged Up: Stars Behind Bars” TV show. He went so far as to smoke a cigarette that had been stashed in a cell mate’s very intimate storage space. “He got a taste for it,” joked an ally.
But even a fine would leave Mercer, and Sunak, in a tight spot. Failing to uphold the law would be a clear breach of the U.K.’s ministerial code, and would typically be a sacking offense.
