Well, the Supreme Court mainly debated about how to deal with an illegal prorogation. It didn't debate much whether the government had a case or not, it clearly misled the queen. They must treat carefully, because this will be a precendens by which the country will run from here on. They're basically writing down a moment in constitutional history. It is a solemn occasion, what they do today (or later this week) may be taught to children in the civic class a century from now, as one of the constitutional foundations on which British democracy (or otherwise) stands.
The only proper way to go is to declare BJ guilty of lying to the queen and order his immediate arrest and trial for misconduct in public office (his guilt is predetermined, but he needs a trial anway), or something of that nature.
The Misconduct in public office offence is committed when:
- a public officer acting as such;
- wilfully neglects to perform his duty and/or wilfully misconducts himself;
- to such a degree as to amount to an abuse of the public's trust in the office holder;
- without reasonable excuse or justification.
https://www.cps.gov.uk/legal-guidance/misconduct-public-office
I argue misleading the queen on prorogation of Parliament scores at least four out of four. Possibly more, since it scores at least double on some of those lines. All that is left is to determine the length of the sentence, the maximum is life in prison, which seems appropriate. Follow the procedure in place for the eventuality of a PM that dies on office.
There is a procedure that gives a new PM in case the old one snuffs it, right?
McHrozni