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tv   The Context  BBC News  May 13, 2024 8:00pm-8:31pm BST

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i'm innocent. this is a political witchhunt, and nobody�*s ever seen anything like it. prosecutors are eliciting testimony that can point to the fact that everything michael cohen did, he says he did at the direction and benefit of donald trump. michael cohen used to be paid to fix all of donald trump's problems, - and now he probably is the biggest problem that the former _ president has. the man who once described himself as "donald trump's thug" takes the stand in new york. michael cohen has told the jury donald trump told him to "get control" of the stormy daniels story and prevent it from hurting his campaign, but is he a trustworthy witness? we will get the thoughts of a former federaljudge. scuffles in israel as memorial day is marred by protests and division.
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the us secretary of state, antony blinken, has warned an all—out assault on rafah will provoke anarchy without actually eliminating hamas. in gaza, the fighting has returned to the north, where israel says it has seen signs of hamas regrouping. good evening. when michael cohen informed donald trump in 2016 that a former adult film star, stormy daniels, was selling a story about an alleged sexual encounter, trump hit the roof. the access hollywood story was already hurting his campaign with female voters. cohen said trump feared that if this got out, the women would hate him. cohen testified today that trump wanted him to buy the rights to that story so it would not come out ahead of the election. according to cohen, trump didn't care much if the story came out after the election. he wasn't concerned about his wife's reaction to it, and there is the nub of the prosecutions case. they need to prove that trump was directly involved in the payment
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to daniels and wanted her story killed because of the election, but is cohen a trustworthy witness? he was convicted in 2017 of campaign finance charges and lying to congress. later disbarred for lying to a bank. donald trump says his testimony is flawed. this trial is rigged, it's dishonest, it's a disgrace to new york, it's a disgrace to the country. i should be out campaigning now instead of sitting in a very cold courthouse all day long. this is a biden prosecution. it's election interference at a level that nobody in this country has ever seen before. this is for third world countries, not for the usa. let's speak to our correspondent nada tawfik, who is live for us in new york. this was a day everyone was waiting for. a centralfigure in the
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this was a day everyone was waiting for. a central figure in the trump orbit. ~ . ., , for. a central figure in the trump orbit. ~ . , orbit. what did we get? it has been rivetin: orbit. what did we get? it has been riveting testimony _ orbit. what did we get? it has been riveting testimony because - orbit. what did we get? it has been i riveting testimony because remember the prosecutors, michael cohen is one that links donald trump to everything. what we had from michael cohen is that he was afraid the stormy daniels story would be a catastrophe for donald trump's campaign. donald trump instructing him tojust take campaign. donald trump instructing him to just take care of it, fearing that story would hurt him with women voters current asking what milan you would think, donald trump simply replied according to him, how long do you think it will take me to be aftermarket. michael cohen giving the impression to jurors aftermarket. michael cohen giving the impression tojurors had donald trump was not concerned about how the study would impact his family. michael cohen also saying he initially asked the chief financial officer of the trump organisation to make that $130,000 hush money
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payment but he did murder and said he wasn't in a financial position to do so and that is how michael cohen describes how he became that one to front the money. so quite a lot of ground hellfire that michael cohen is how michael cohen describes how he became that one to front the money. so quite a lot of ground hellfire that michael cohen has covered. he talked earlier and testify that he was eager to please donald trump as his attack dog and every single thing he did the direction of donald trump to give credit, to make sure donald trump is pleased with him so very much painting everything he did as for the benefit of donald trump and active direction. we the benefit of donald trump and active direction.— the benefit of donald trump and active direction. we already know from previous _ active direction. we already know from previous witnesses - active direction. we already know from previous witnesses had - active direction. we already know i from previous witnesses had donald trump did know about the payments and the payback. the prosecution has to show here the entries into the business records were false entries and they have to show he knowingly knew these payments were not legal expenses. does cohen do that? there
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were some really _ expenses. does cohen do that? there were some really interesting - were some really interesting testimony earlier where prosecutors were essentially trying to elicit testimony that showed that donald trump took effort to conceal the kind of nature of what he was doing. michael cohen talked about how donald trump never wanted a paper trail, how he refused to put things in e—mails because he'd made comments to michael cohen, that's how prosecutors had gotten people in the past. in a secret audio recording by donald trump michael cohen and heard discussing a payment to the former playboy model karen mcdougal, you hear trump saying to paying cash. michael cohen in his testimony that was to make sure there was no paper trail and michael cumming saying that i know faisal berg said the reason the company couldn't make that payment was because they didn't want any link from donald trump to that payment,
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that would defeat the purpose of trying to silence her. so as every state prosecutors are trying to establish with michael cohen plasma testimony that trump tried to hide the true nature of these payments are knew what he was doing was illegal. donald trump has pleaded not guilty, the defence will have the chance to cross examine michael cohen and will certainly try to poke holes in that. the prosecutors are making sure to cross every tea and dot every i hear.— dot every i hear. thank you very much. thank you very much. let's cross over to new york and speak to shira scheindlin, a former united states district judge. thank you for being by those on the programme. when this case started a lot of people said it was a weakest of the four and it was a stretch to link an accounting misdemeanour to a criminal felony. link an accounting misdemeanour to a criminalfelony. from the link an accounting misdemeanour to a criminal felony. from the evidence you've heard today, was it a stretch oras you've heard today, was it a stretch or as a persecution making a case? the prosecution has certainly made
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the misdemeanour part of it, the falsification of business records. i think there is no doubt that trump knew about that and did it knowingly and wilfully. the harder part is making it into a felony because in order to be a felony it has to be with the intent to violate a different crime, another crime and the best the prosecution is saying that it violated the new york election law which says that when two or more people conspire to promote the election of any person to a public office by unlawful means, and it is acted upon, then thatis means, and it is acted upon, then that is a crime in tow that would turn the falsification of business records into a felony. the problem is, what crime? what unlawful means? and what the people have told the judge just a week ago it had the crime is the violation of the state election laws. but the state
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election laws. but the state election laws. but the state election law is trumped, no pun intended, by the federal election law. so trump would have to knowingly and wilfully try to violate the federal election law and thatis violate the federal election law and that is a stretch, that is a hard part are not many people are talking about that yet. 50 part are not many people are talking about that yet-— about that yet. so when the da says michael coming _ about that yet. so when the da says michael coming would _ about that yet. so when the da says michael coming would not _ about that yet. so when the da says michael coming would not be - about that yet. so when the da says michael coming would not be the . michael coming would not be the linchpin in this case, that there would be other things, plenty more to learn beyond the testimony of michael coming, are you saying that in fact from your perspective the prosecution hasn't yet closed that circle? ., �* ., ., circle? no, i'm not saying that, i am saying _ circle? no, i'm not saying that, i am saying it _ circle? no, i'm not saying that, i am saying it is — circle? no, i'm not saying that, i am saying it is going _ circle? no, i'm not saying that, i am saying it is going to - circle? no, i'm not saying that, i am saying it is going to be - circle? no, i'm not saying that, i am saying it is going to be a - am saying it is going to be a matter of credibility. so far the proof seems to indicate that trump knew full well the reason these hush money payments were being paid was so it wouldn't come outjust days before the election. so that satisfied the concept of promoting the election of any person to a
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public office by unlawful means. but the people have been very cagey about specifying which statute the underlying statute has been violated, the federal election law, the new york election law, tax law? they won't require to say that in the indictment and that is the part thatis the indictment and that is the part that is still not entirely clear but the proof is there. i think 0wen as ted to pride all day today that the purpose of these payments was to keep quiet until the election was over and then trump says it wouldn't matter anyway. he over and then trump says it wouldn't matter anyway-— matter anyway. he was the fixer, by his own admission _ matter anyway. he was the fixer, by his own admission he _ matter anyway. he was the fixer, by his own admission he was _ matter anyway. he was the fixer, by his own admission he was the - matter anyway. he was the fixer, by his own admission he was the man | his own admission he was the man that did trump's bidding. he has already gone down for campaign finance charges. so why would the person who he was acting for not be liable to the same charge? weill. person who he was acting for not be liable to the same charge?- liable to the same charge? well, it is interesting. _ liable to the same charge? well, it is interesting, the _ liable to the same charge? well, it is interesting, the federal - is interesting, the federal prosecutors who indicted cohen made
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the decision not to indict trump then for the violation of the federal election law, federal campaigns finance. they could have but they called on indicted co—conspirator number one till they analyse the evidence, the and felt there was not enough but district attorney has dug into this more, got in all these phone call records and e—mail records and witnesses and he feels he can prove what the federal prosecutors were reluctant to charge trump with at that time. in prosecutors were reluctant to charge trump with at that time.— trump with at that time. in terms of the character _ trump with at that time. in terms of the character of _ trump with at that time. in terms of the character of michael _ trump with at that time. in terms of the character of michael cohen, - trump with at that time. in terms of the character of michael cohen, he i the character of michael cohen, he flipped on donald trump, he made no secret of the fact that he hate him for everything he's been put through. how will thejury look for everything he's been put through. how will the jury look at that? i through. how will the “my look at that? ., �* 4' through. how will the “my look at that? ., �* ~ ., ., that? i don't think we can evaluate that? i don't think we can evaluate that et. that? i don't think we can evaluate that yet- direct _ that? i don't think we can evaluate that yet. direct examination - that? i don't think we can evaluate that yet. direct examination is - that yet. direct examination is usually quite peaceful. the prosecutor and the witness practice
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are, they go over it and over it and it is coming in very fast and smooth. i don't think he will have a good sense of how he will come up in front of a jury until we see how he holds up under the relentless and aggressive cross examination, then we will know more. so if the cross—examination kind of makes you feel like, makes thejury cross—examination kind of makes you feel like, makes the jury decide he is nothing but a lawyer, he always lies, even with all the corroboration of the documents, they just may not believe the one part that the ads which is a conversations with trump. he provides that essential link, the e—mails sent fankle show he was involved but to take it directly from him to trump, that depends on him. so we have to see how we hold up him. so we have to see how we hold up under cross examination. the prosecution _ up under cross examination. the prosecution say _ up under cross examination. the prosecution say they will rest this week. we will probably have the cross—examination of michael cohen tomorrow and wednesday. not
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wednesday. beyond that, in mind of everything you've just told us about focusing theirjury�*s attention on the federal felony, how important are the closing arguments becoming? it didn't say a federal felony. they will charge the state crime but that unlawful means is a violation of the federal campaign finance law, so it is very difficult to understand that you want yet the closing argument are definitely going to talk about what makes this a felony and he has to have been intended to make fortification of business documents in the purpose of violating another lot, so they will focus on that but we haven't heard much about it yet but i think cohen today is trying to say there is evidence of that because trump said things like, he doesn't have to hold this not very long, it won't matter in a few more days. so is making it very plain that the purpose of this is to keep
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it from the photos and that is election interference. interesting. alwa s election interference. interesting. always good _ election interference. interesting. always good to — election interference. interesting. always good to talk _ election interference. interesting. always good to talk to _ election interference. interesting. always good to talk to you. - election interference. interesting. always good to talk to you. thankj always good to talk to you. thank you very much for that. thank you very much for that. let's speak to former us federal prosecutor renato mariotti. just listening to the judge there, you get a perfect example of why this is such a complex case. what do you make of what you have just had there and how far the prosecution has gone so far in making his case? i do agree with the judge that there is going to be an issue for prosecutors when it comes to proving that felony peace of this. i actually disagree with her in the sense that i think there is also an issue for the prosecution when it comes to proving the misdemeanour element, because i don't think they have proven beyond reasonable doubt that trump was aware of the false
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statements in business records. there was some evidence of that, coen's testimony, there is an argument that the checks out evidence of that, but i think that is another point... evidence of that, but i think that is another point. . ._ evidence of that, but i think that is another point... michael cohen said trump _ is another point... michael cohen said trump didn't _ is another point... michael cohen said trump didn't want _ is another point... michael cohen said trump didn't want to - is another point... michael cohen said trump didn't want to paper | said trump didn't want to paper trail, does not point to the fact the prosecution doesn't have the paper trail?— paper trail? that is right, that is an explanation _ paper trail? that is right, that is an explanation why _ paper trail? that is right, that is an explanation why there - paper trail? that is right, that is an explanation why there is - paper trail? that is right, that is an explanation why there is not| paper trail? that is right, that is| an explanation why there is not a paper trail but it is coming out of the words of michael cohen, a convicted lion fraudster so that is an element the defence could attack but this is a very theoretical, academic discussion and i will say i have tried a lot of cases in my career as a prosecutor and defence attorney, i actually think the prosecution is looking quite good right now. and that is because her jurors i'm going to think about this hotel law school exam. but they really going to... jurors are always inclined to go with the prosecution and i say this as a defence attorney who is defeated, since i've been on
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the other side, it is not an easy thing for the defence to accomplish. secondly, this is very critical, trump himself, he is not allowed his attorneys to keep the focus on these very technical issue that the judge and i are talking about. instead, trump is fast —— mike has fast them to deny any encounters taken place between stormy daniels and him, denied the hush money payments were donein denied the hush money payments were done in his direction, denying everything and by attacking stormy daniels in such an aggressive fashion, a lot ofjurors will not like that and they will not believe the arguments that have been brought by the defence. i actually think the prosecution is looking like a really good position, even if a scorecard keeper might think about it differently. i keeper might think about it differently.— keeper might think about it differentl . ., , , differently. i wonder if you step away from _
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differently. i wonder if you step away from the _ differently. i wonder if you step away from the cot _ differently. i wonder if you step l away from the cot machinations, differently. i wonder if you step - away from the cot machinations, the complexity of the case, whether it is federal, state, misdemeanour, you actually come back to the point that senator mitt romney was making the other day, you don't pay hundred $30,000 not to have a sexual affair. that is right, i think that level of reasoning is going to be what their jury reasoning is going to be what their jury brings into this. they will make a decision and they will say, this all seems very sordid, there are these secret payments he wanted to keep hidden. if this wasn't wrong, why was he trying to hide it so badly? michael cohen was taking a whole line of credit to make this payment, alan told michael cohen that he didn't have the means to make this payment so it had to be michael cohen. i think the jury might infer that he did have the money but didn't want to get mixed up money but didn't want to get mixed up in it. he didn't want to have anything to do with it. i think there is a lot here that is going to
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skirt the bounds of what is wrongful but legal and what is actually a crime and i think from that perspective the defence defence is making a big mistake and it is coming from trump instilled by not getting the jury focus on these technical issues and instead denying everything and allowing this more sordid story to take the front and centre stage. sordid story to take the front and centre stage-— sordid story to take the front and centre stage. good to talk to you. thank you — centre stage. good to talk to you. thank you for— centre stage. good to talk to you. thank you for coming _ centre stage. good to talk to you. thank you for coming on - centre stage. good to talk to you. thank you for coming on the - thank you for coming on the programme. thank you for coming on the programme-— thank you. around the world and across the uk, this is bbc news. let's take a look at some of the other stories in the headlines. an inquiry looking at why some women have traumatic experiences in childbirth has called for a major overhaul of maternity and postnatal care in the uk. the report, led by a group of mps, refers to "harrowing evidence" given by more than 1000 women who shared their experiences. it recommends more recruitment and training to ensure
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a safe level of staffing. the government has watered down proposals to crackdown on so—called "nuisance" rough sleeping after opposition from backbench mps. the government has watered down proposals to crackdown on so—called "nuisance" rough sleeping after opposition from backbench mps. the criminaljustice bill will now no longer give police foreces in england and wales the power to move people on because of bad "smells". king charles has officially handed over the role of chief of the army air corps. to his elder son william the prince of wales in a joint official engagement in hampshire military base. king charles has officially handed over the role of colonel—in—chief of the army air corps to his eldest son — william, prince of wales. charles was the inaugural holder of the title 32 years ago. at 11am this morning across israel, the sirens wailed to mark memorial day. sirens. ordinarily, it is a sombre and introspective day and usually one in which the country comes
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together, but not today. there was heckling and scuffles at a ceremony where hard—line security minister itamar ben gvir was speaking. and in tel aviv, protesters held up placards saying the blood of israeli hostages was on the government's hands. in the west bank, israeli settlers once again blockaded an aid convoy bound for gaza, ransacking trucks and throwing food on the ground. videos from the scene suggest that soldiers present did nothing to intervene. it doesn't help the government's position that its closest ally is now openly questioning its war aims and the strategy. today, the us secretary of state, antony blinken, said an all—out israeli attack on the city of rafah would provoke "anarchy" without fully eliminating hamas. and certainly there are pockets of resistance reappearing now in the north, in the jabaliya refugee camp where israeli troops are again engaged in street battles with hamas fighters. around 1.4 million palestinians are sheltering in rafah, most of them children and women, after going there because it was
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designated a safe zone. intensified israeli bombardments in the eastern parts of rafah have already caused tens of thousands of palestinians to be displaced again. let's speak to william f wechsler, senior director at the middle east atlantic council. thank you for being with us this evening. i wonder if i could just get you to make a comment first of all on the tenor of memorial day today. it is one of those days when the country tends to come together but this seems to be no creeping sent that the government doesn't fully have a plan to end this and doesn't know what the next day will look like. . , ., , , look like. that is absolutely true. this day in _ look like. that is absolutely true. this day in israel— look like. that is absolutely true. this day in israel is _ look like. that is absolutely true. this day in israel is all— look like. that is absolutely true. this day in israel is all for- look like. that is absolutely true. this day in israel is all for years | this day in israel is all for years and one that brings the entire country together. it is unheard—of
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to imagine grievous circumstances this would be a moment for division, evenif this would be a moment for division, even if it is a relatively small number of people protesting, some silently, some quite vocally. it is evidence of the divisions that underlie israeli society, even as there is unity on the overall war aims, there is disunity around this government in israel.— aims, there is disunity around this government in israel. does what they have done so — government in israel. does what they have done so far _ government in israel. does what they have done so far in _ government in israel. does what they have done so far in rafah _ government in israel. does what they have done so far in rafah constitute l have done so far in rafah constitute for you the full ground offensive joe biden has warned about? ida. for you the full ground offensive joe biden has warned about? no, it is not the full _ joe biden has warned about? no, it is not the full ground _ joe biden has warned about? no, it is not the full ground offensive - is not the full ground offensive biden wonder about. whatjoe biden was concerned about was israel having the exact same strategy in rafah that they had in khan younis. if they did that with a population of 1.4 million densely packed in an urban environment it would have ended up with tens of thousands of war debts. thus far, it seems israel
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has not approached rafah in the same way but more incrementally and we have seen, depending on new sources, between three to 50 and 500,000 people leave rafah more recently. those concerns that we have talked about within israel, seemingly according to bbc reporting today, and are being heard within the military that there is no day after plan. antony blinken is touch and that today talking about the anarchy that today talking about the anarchy that might interview now we have fighting elsewhere that is supposedly an area of gaza that had been cleansed of hamas fighters. the israel been cleansed of hamas fighters. tie: israel literary strategy in my view has gotten a lot of criticisms that are unwarranted but there are certain criticisms that are warranted in the most important of thoseis warranted in the most important of those is that after clearing an area, they have not held the area and the reason why you hold an area
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is not only so that you can abide by your responsibilities under international law to provide basic security and sustenance for the people, but it is also to prevent your adversary from coming back into the area and that is exactly what has happened, there are adversary hamas have been able to regroup in areas that israel spent a lot of blood to clear in the first place and that is a military mistake. congress comes back tomorrow. there are clearly deep divisions there over the decision to pause aid to israel. what do you make up the rhetoric we now hearing from the secretary of state and the white house? . ., . ., , , house? that rhetoric really is reflective _ house? that rhetoric really is reflective of _ house? that rhetoric really is reflective of the _ house? that rhetoric really is reflective of the underlying i reflective of the underlying frustration that i hear from my friends in the white house and the state department. with benjamin netanyahu past my government, it is not a division on the military objective. the united states and israel share the objective of israel
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going into rafah and taking out or at least making military non—effective the remaining four brigades that hamas hausa, taking out their tonal infrastructure and trying to continue to decapitate the organisation. where the biden administration has sharp divisions is that there have been no for months now coming from jerusalem for how this campaign is going to be done inside of rafah, and on top of that there is been no plan for the day after, the day after in terms of security within gaza and the longer day after of addressing the underlying is really... day after of addressing the underlying is really. . .- day after of addressing the underlying is really... that plan to evacuate civilians _ underlying is really... that plan to evacuate civilians from _ underlying is really... that plan to evacuate civilians from rafah, - evacuate civilians from rafah, antony blinken saying over the weekend that he would like to see the plan, trained and 50,000 people already on the move, to an area on the coast that isn't really a safe
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zone, it is effectively a beach and it is highly dependent on the aid coming through, the one gaza crossing that is still open at the moment. is there no concern mounting again in the state department and the white house that this is going to look pretty bad? it the white house that this is going to look pretty bad?— to look pretty bad? it will, the oriainal to look pretty bad? it will, the original plans _ to look pretty bad? it will, the original plans as _ to look pretty bad? it will, the original plans as inadequate i to look pretty bad? it will, the | original plans as inadequate as they work were reasonably effective, despite the horror and tragedy that we see every day on our television screens, those original plans for the previous phases was to move people sell. you can't move people south any more in rafah but if you be going into egypt and that would turn into a displacement and ethnic cleansing. they have to somewhere else, they will not go into israel so they have to go elsewhere into gaza. the other places are not population centres so if they bring them there,... we population centres so if they bring them there,...— them there,... we have to end it there because _ them there,... we have to end it there because we _ them there,... we have to end it there because we are _ them there,... we have to end it there because we are going - them there,... we have to end it there because we are going to i them there,... we have to end it - there because we are going to break. thank you. we have seen a mixture of
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weather across the country today across parts of northern and eastern scotland, there has been warm spot of sunshine. i've seen temperatures go to 23 degrees in a few spots, but it's a different story further southwards and westwards, with outbreaks of rain for northern ireland, wales and south west england. the rain has all been tied in with this curl of cloud, which is an area of low pressure. these weather fronts have been particularly slow moving, so it's been raining for most of the day for these areas and the front will continue to be slow moving as we go through the night. eventually, the rain crawls its way across the midlands into eastern england, gets into more of scotland through the night. but it should start to ease off across parts of wales, and the south west of england, although there could be a few showers here. temperatures overnight for most around 11 to 14 degrees. so we are looking at a mild night and a mild start to tuesday. this time, though, the rain will be pushing its way in across scotland and eastern areas of england. so that's where some of the wettest
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weather's going to be. a bit brighterfor northern ireland, wales and south west england, but not dry. it will be a day of sunshine and showers for these areas and some of the showers through the afternoon could turn out to be quite heavy with an odd rumble of thunder. for many areas, temperatures reached the upper teens. it is a bit above average for this time of year and where the sunshine comes out, it won't feel too bad. for the middle part of the week, wednesday we've still got our low pressure still in the same kind of area, still a day of sunshine and showers for many of these southern and western areas, although we could have some more persistent outbreaks of rain for eastern england. the driest, warmest weather, it's likely to be across northern scotland where the warm spots could get up to around 22 or 23 degrees celsius or so. 0therwise, high teens to low twenties. again, not feeling bad where the sunshine bothers to put in an appearance. thursday, low pressure is still with us. this time we could have some lengthier heavy outbreaks of rain moving into central and eastern parts of england. but again, the driest weather is likely to be across northern scotland, where locally could see
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temperatures of around 22 or so. 0therwise, generally our temperatures into the high teens. through friday and indeed the weekend start of next week, it's the north of the country that will have the driest and some of the warmest weather as well. with some pockets might we see temperatures into the twenties across northern scotland for england and wales though, different story generally it's going to be quite unsettled with plenty of showers around.
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hello, i'm christian fraser. you're watching the context on bbc news. the uk government says it will appeal against a ruling by a belfast court that parts of the rwanda policy should not apply in northern ireland. sport and for a full round—up, from the bbc sport centre, here's mark edwards. hello from the bbc sport centre. we're going to start with football and we know the premier league title race will be decided on the final day, but it could be a very significant night for aston villa — they could qualify for the champions league with victory over liverpool at villa park. but they had a nightmare start, an own goal from villa keeper emiliano martinez as he mishandled a cross after just 64 seconds, but they equalised through youri thielemans ten minutes later. the lead regained by liverpool.

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