Losing Control of AI Under Trump: Will the EU Fight Back? Plus the Court of Appeal Turns on the Attorney General

In this episode of Double Jeopardy, the 12th June decision of the Trump administration to issue an export control directive forcing AI giant Anthropic to suspend access to its new AI tool Fable 5 "by any foreign national including one in the USA" on the basis of national security concerns triggered a huge current affairs debate in the EU about AI sovereignty, with former French PM Attal likening the shutdown to Iran's blockade of the Strait of Hormuz.

To offer expert legal commentary on the implications of Trump's approach to AI and cyber-security for UK law and UK politics as well as the broader EU landscape, Ken Macdonald KC and Tim Owen KC are once again joined by their Matrix chambers colleague, AI expert and media/data law barrister Zoe McCallum. The trio also discuss the breakneck speed of developments in AI in terms of its impact on the legal system and the delivery of justice in the UK. They examine the significant recent contributions to this debate by Supreme Court Justice Lord Briggs (https://supremecourt.uk/speeches/speech-lord-briggs-200526) and Dame Victoria Sharp, whose speech addresses judicial independence past, present, and future (https://www.judiciary.uk/speech-by-the-president-of-the-kings-bench-division-without-fear-or-favour-judicial-independence-past-present-and-future/).

 

Ken and Tim then shift to discuss the extraordinary Judgment handed down by the Court of Appeal on 17th July, presided over by Lady Chief Justice Carr, which contains an unprecedented criticism of the (now former) Attorney General Lord Hermer KC in relation to his public comments following his decision to refer the sentences of the 3 children convicted of rape in Fordingbridge under the Unduly Lenient Scheme (https://www.judiciary.uk/wp-content/uploads/2026/07/Approved-Follow-On-Judgment-R-v-X-Y-Z-2026-EWCA-Crim-913.pdf).

This episode was recorded before Andy Burnham announced the appointment of the new Justice Secretary and Attorney General - Ken and Tim will give their views on Alex Norris and Ellie Reeves KC in next week’s episode.

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Covering the critical intersections of politics and law in the UK with expert commentary on high-profile legal cases, political controversies, prisons and sentencing, human rights law, current political events and the shifting landscape of justice and democracy. With in-depth discussions and influential guests, Double Jeopardy is the podcast that uncovers the forces shaping Britain's legal and political future