Mr Foster reckons he is only calling on the High Court to give an impartial verdict on the rules, but it seems obvious that this is an opponent of Jeremy Corbyn trying to push the Labour leader off the ballot paper.
To be honest, it seems unlikely this will happen even if he succeeds, because the decision has already been made.
And the impression this gives to the party’s membership is, of course, terribly damaging for the challengers – Angela Eagle and Owen Smith – who cannot win while Mr Corbyn’s name is on the ballot paper.
Protest all he wants, all we see is Mr Foster trying to wheedle Mr Corbyn off the voting slips, even though that battle has already been fought.
And we know that Foster wants to see Corbyn cast down, as The Guardian reports:
“Foster, a former showbiz agent who has given more than £400,000 to the party since 2010, came to prominence during the last Labour party conference, after he confronted Corbyn at a Labour Friends of Israel reception, angered the Labour leader had not mentioned the word “Israel” in his address to the meeting.
“’Say the word ‘Israel’,’” he shouted at Corbyn, who is a longstanding pro-Palestinian campaigner.”
So, again, the spectre of Israel rears its head – or so it seems to This Writer.
Now, why would pro-Israel activists be so desperate to stop a man who so clearly seems to stand up for justice?
A Labour donor is to mount a legal challenge against the party’s national executive committee decision to automatically nominate Jeremy Corbyn in the forthcoming leadership contest.
Michael Foster, a former parliamentary candidate, will lodge the application at the high court on Thursday afternoon.
“The issue raised by my application to the court is the proper interpretation of the rules of the party,” he told BBC Radio 4’s Today programme, saying that Corbyn being automatically on the ballot paper for the leadership election was “essentially a legal issue”.
The party’s NEC heard three contradicting pieces of legal advice on Tuesday night, including from Michael Mansfield QC, which found only challengers needed nominations, and another from James Goudie QC which found all candidates should seek nominations from MPs.
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