to be constitutional by other cases. my to be constitutional by other cases. my sense is that he can appeal anything thisjudge my sense is that he can appeal anything this judge finds. the judges simply dealing with matters in preparation a trial. where the trial to go against him, then of course he has potential grounds for appeal, but i think again, one cannot be sure, but i think this is it, so were he to lose today's argument, we are looking at a trial in the autumn.— argument, we are looking at a trial in the autumn. thank you very much for discussing _ in the autumn. thank you very much for discussing this _ in the autumn. thank you very much for discussing this with _ in the autumn. thank you very much for discussing this with me - in the autumn. thank you very much for discussing this with me today, i for discussing this with me today, former chief prosecutor for the north west of england. now it's time for a look at the weather with carol. hello again. it has been a cold and frosty start to the day and a windy one as well, with wintry showers, but as we go through the day, and a ridge of high pressure builds across us, the winds will slowly ease and many of the showers will fade, although we will hang onto some in the east and also in the west. temperatures today, four to about 8 degrees, but if you are in an area with lying snow, temperatures may not break freezing. as we head on through the evening and overnight, under clear skies, the temperature will fall away quite quickly. once again, we are looking at the risk of ice on untreated surfaces. the wind picking up out towards the west and a new band of rain arriving, so it's not going to be as cold in parts of the west as it is for the rest of the country. we could see —10 in sheltered glens and the highlands. —7 in sheltered parts of north—east england. we start off with a lot of dry weather, but as our weather front moves from the westwards the east, bumps into the cold air, we will see some snow, before it turns back to rain and the wind will be a feature tomorrow. especially in the west and also the north west. let's ta ke let's take a look now at the headlines for you before we go to the sport. borisjohnson is currently meeting his top team and they're expected not to impose any further covid restrictions in england — that's despite the current high levels of infection in the country. the nhs is under increasing strain from coronavirus. more trusts in england declare critical incidents, and 17 hospitals in greater manchester put some non—urgent surgery on hold. the government's finalising plans to drop the requirement in england that people who test positive on a lateral flow test should get a pcr to confirm it. scotland's first minister nicola sturgeon is due to address parliament later today as covid cases continue to rise. president macron warns he intends to make life difficult for people in france who have not been vaccinated against covid—i9. now, with news of novak djokovic, the ashes and all the rest of the sport, here is jane dougal. good morning. we do start with the ashes. on the opening day of the fourth ashes test, there's been a better performance from england, who are hoping to restore some pride after losing the first three tests. two late wickets, one from james anderson, the other from mark wood, have given england something to build upon. australia closed on 126—3. joe wilson was watching. so what's left to play for in the ashes? well, every ball counts, doesn't it? that was david warner's idea. england had james anderson and stuart broad bowling. no earlyjoy for either. marcus harris with that shot. how soon do you start worrying, if you're england's captain? well, perhaps he never stops. but broad is an expert at dismissing david warner. remember there. good catch. gone for 30. and that is why i should play every match, broad might just have been thinking. watch now, some courageous commitment. frantic pace. gripping drama. here we go, stumps clear. covers on. the ground staff were busy. rain lingered over sydney. eventually, the cricket resumed. marnus labuschagne scoring runs, frustrating england. normal service. harris on 38, anderson at 39. a timely wicket for england. a reminder they can compete. here comes mark wood. there goes labuschagne. edged, caught. 126—3 at the close of play and a chance to show england enjoying the ashes? well, for once, why not? mark wood said stuart broad removing david warner was a great start — and he was pleased with the overall bowling performance on day one. i felt like with the stop start sort of day, to get a couple of wickets at the end and change the perspective of the game was a big deal. we've tried to mix and match the ball, keep people fresh, keep it fresh on the wicket. we have tried to carry that through this game, and i think that wicket of warner really got us going. there's been a significant development in novak djokovic's hopes of defending his australian open title. the australian government has warned the world number one that he may not be permitted entry to the country, despite being granted a medical exemption by organisers of the tournament. australia's home affairs minister said that — irrespective of what the state of victoria and tennis australia had decided — if djokovic isn't vaccinated he'd still need to provide adequate proof as to why. prime minister scott morrison said the 20—time grand slam champion — who has never revealed his vaccination status — will be subject to the same border checks as everyone else. my my view is that any individual seeking to enter australia must comply with our border requirements. novak djokovic, when he arrives in australia, and i'm not sure when he's going to turn up but i don't think it will be too far away, he has to, if he is not vaccinated, provide acceptable proof that he cannot be vaccinated for medical reasons to be allowed the same travel arrangements is fully vaccinated travellers. so we wait his presentation and whatever evidence he supplies to support that. if he cannot, he will not be treated any different to anyone else, and he will be on the next plane home. there's developing news, too, from liverpool. the club has closed their first team training centre after further suspected positive coronavirus cases amongst players and staff. they had already confirmed assistant manager pep lijnders had tested positive. lijnders took charge for sunday's match against chelsea, withjurgen klopp in isolation with the virus, but he's now out of action too. liverpool are waiting to hear whether their league cup semifinal first leg against arsenal tomorrow night can be postponed because of the number of cases in the camp. the efl is considering the request. we will keep you up—to—date with that story and all its developments. that's all the sport for now. jane, thank you very much. let's talk more about the potential change in england to drop the need for confirmatory pcr tests after you've had a positive lateral flow. you will still have to isolate. with me to discuss this is our head of statistics robert kraft. with me now our head of statistics, robert cuffe. so what has changed? the tests have not changed. — so what has changed? the tests have not changed, but _ so what has changed? the tests have not changed, but what _ so what has changed? the tests have not changed, but what has _ so what has changed? the tests have not changed, but what has changed l so what has changed? the tests have| not changed, but what has changed is the number of people with a virus. a lateral flow might give you one false positive if you test a thousand people. that might not mean enough if about a0 people are testing positive who have the virus. if you have only got one false positive in a1 people who are testing positive, it is not worth getting a pcr to confirm. the tests haven't changed, but it is just much easier for them to spot coronavirus now because there are so much more of it going around. find now because there are so much more of it going around.— of it going around. and maybe it is a little bit about _ of it going around. and maybe it is a little bit about pressure - of it going around. and maybe it is a little bit about pressure on - of it going around. and maybe it is a little bit about pressure on the l a little bit about pressure on the system as well.— a little bit about pressure on the system as well. yes, you have got about a quarter — system as well. yes, you have got about a quarter of _ system as well. yes, you have got about a quarter of people - system as well. yes, you have got about a quarter of people just - about a quarter of people just before new year had tested positive in a lateral flow test, and a before new year had tested positive in a lateralflow test, and a good chunk of them went on to get a pcr. why do that and take up that capacity if it is stretched in order to tell you something that you pretty much already know? how does all of this effect _ pretty much already know? how does all of this effect dato? _ pretty much already know? how does all of this effect dato? because - pretty much already know? how does all of this effect dato? because i - all of this effect dato? because i discussed with a guest a short while ago, with a lateralflow discussed with a guest a short while ago, with a lateral flow test you can't sequence that, and you can sequence a pcr to see what is going on with that case of covid, what variant it is and so on. also there is a question of, if people are doing lateralflows, will is a question of, if people are doing lateral flows, will everyone report the results? so what does this do to the amount of data that is available for the government to see? ., ., , , see? there are two things, it is harder to _ see? there are two things, it is harder to read _ see? there are two things, it is harder to read general - see? there are two things, it is harder to read general trends l see? there are two things, it is - harder to read general trends when they are dependent on behaviour like people not getting tested over christmas, people getting tested on the first day back at work or deciding to report their lateral flows, but the daily case figures are not the only thing we have. we have things like surveys where you test people at random that don't depend on who decides to come forward or who feel sick, and they give us a really good sense of what is going on. so we can still get a sense of the trends. the second part is the sequencing. we are still doing hundreds of thousands of pcr tests every day. this is just about a change in the people who happen to test positive on a lateral flow, and it is how best you spend the resources that you have? because we are coming up close to the limits of the pcr system. so we are keeping a track on the sequences, but why would you spend them, as i said, telling you things you already know about people who are already positive when you can get what you need from what you have.— need from what you have. robert, thank yom — let's get more on hospital trusts in england declaring critical incidents — the highest state of alert — as the nhs comes under significant strain from rising covid infections. dr leon danon is associate professor in infectious disease modelling and data analytics at bristol university, and is a member of the goverment�*s advisory disease modelling group spi—m. speaking to us in a personal capacity he said daily cases of over 200,000 yesterday are likely to be an underestimate and represent a real "cause for concern". it is still growing, i don't think there is any evidence of it slowing down anywhere in the countryjust yet, so the only way the numbers are going to go is up. we need to remember that we haven't yet seen the peak of this epidemic due to the fact that people are no longer able to get covid at all, so that means that where it is going to peak, how high it is going to be and when that is going to happen is uncertain. we just don't know. we haven't seen it yet. the previous peaks with you to lock downs or some other intervention measures, that were imposed. so it is uncertain times. we don't know how high it is going to get. we don't know how many people can still get protected. and so it is a risky place to be, it is quite serious. dr so it is a risky place to be, it is quite serious.— the house of representatives committee investigating the storming of the us capitol almost exactly a year ago by supporters of donald trump says it wants to question one of the former president's closet allies in the media. text messages have been published that show the fox news presenter, sean hannity, was in close contact with mr trump and his senior staff before and after the attack. mark lobel examines the state of the criminal and congressional investigations. a year on since this brutal attempt to overturnjoe biden's win, in which five people died and dozens in law enforcement were injured, hundreds have been charged and many are behind bars, where some politicians think at least two of donald trump's allies belong. and america remains a divided country. a criminal investigation is ongoing. the 725 arrested and over 70 sentenced so far have come from right across america. an npr study shows most charged have no links to extremist groups and i3% have ties to military or law enforcement — suggesting extremist ideologies have moved into the mainstream. a democrat—led investigative committee has amassed tens of thousands of documents and interviewed over 300 witnesses, summoning over 50. the committee is recommending criminal contempt charges for two of trump's former aides for refusing to appear — steve bannon, who is due in court later this year, and mark meadows, who thejustice department is considering charges against. an aide so close to the president, his text messages reveal trump's son sought his help in getting through to his dad on the day. donald trumer texted again and again, urging action by the president. quote, "we need an oval office address. "he has to lead now. "it has gone too far and gotten out of hand." the committee is now seeking to speak to fox news host sean hannity, who is said to have texted trump's team onjanuary the 5th that he was very worried about the next a8 hours. the committee is under pressure to deliver before november's midterms, when they could be dissolved if the republicans do well, as they search to find out if federal and state officials were pressured into changing election results — and if the president really did consider using emergency powers to bring in the national guard to do just that. despite last year's shocking scenes, this remains far from a one—sided story. recent polling shows that 26% of republicans think the protesters who entered the capitol were "mostly violent," compared to 78% of democrats. 72% of republicans say trump doesn't really bear responsibility for what happened, compared to 60% of americans, who say he bears a great deal or good amount. a year on from urging his followers, in his own words, "to fight like hell after a rigged election," donald trump maintains he has done nothing wrong. but he has just cancelled a news conference scheduled forjanuary 6th, claiming "total bias and dishonesty" of what he called "the january 6th unselect committee" and "fake news media" — one reading of which is that the pressure may be starting to bite. mark lobel, bbc news. the headlines on bbc news... the time is ii:a6am. borisjohnson is currently meeting his top team and they're expected not to impose any further covid restrictions in england — that's despite the current high levels of infection in the country. the nhs is under increasing strain from coronavirus — more trusts in england declare critical incidents — and 17 hospitals in greater manchester put some non urgent surgery on hold. the government's finalising plans to drop the requirement in england that people who test positive on a lateral flow test should get a pcr to confirm it. the president of kazakhstan has dismissed the country's government and appointed an acting prime minister in the wake of nationwide protests over surging fuel costs. a two—week state of emergency has been declared in the country's biggest city — and police used tear gas to contain crowds after vehicles were set on fire. the emergency measures in almaty and the province of mangistau will reportedly include an overnight curfew and a ban on mass gatherings. dissent and protests are rare in kazakhstan, which declared independence in 1991 amid the collapse of the soviet union. sylvia lennan—spence reports. this is not a sight you often see on the streets of almaty. thousands of protesters voicing their anger at price rises in the centre of kazakhstan's financial capital. in a country where most public demonstrations are illegal, protesters don't normally storm the mayor's office, but that's exactly what these people are doing. it didn't take the authorities long to react. police moved in and moved the protesters out of the main square with tear gas and grenades. the protests started in provinces. here in mangystau demonstrators took to the streets after the authorities lifted price caps on vehicle fuel, causing prices to surge. since then there have been big demonstrations in several cities and towns. internet services are down in the country. the president went on television with this warning. translation: those calls to attack the government and military - buildings are completely illegal. this is a crime that could be followed by punishment. the government will not fall. but we want mutual trust and dialogue rather than conflict. but mutual trust seems a long way off here. although the president has now ordered the government to regulate the price of fuel and other important goods. increases in fuel costs are likely to affect the price of food, which has already seen steep increases since the beginning of the coronavirus pandemic. sylvia lennan—spence, bbc news. visitor numbers to our national parks have shot up during the pandemic, which means more work for mountain rescue teams when inexperienced walkers and climbers get into difficulty. last year, rescue teams in the lake district were called out 680 times. two of those were on christmas day — and the new year has brought more of the same, as mark mcalindon reports. this is the wasdale team in action, bringing a casualty down from the fells. it's become all too frequent these last 12 months. 680 call—outs in total — 15a for the keswick team alone. over the christmas period, the last eight days, the wasdale team has actually been out for a3 hours. including last night. volunteers looking for two young men trying to climb scafell pike who were badly underprepared. the two lads from manchester, no waterproofs, no map, no compass, no torch. they didn't even know where their car was parked. those two lads did well to survive last night, and if we hadn't found them, i think we'd have been looking for two bodies today. it's these avoidable incidents that really stretch teams across the national park. 2,500 person hours, 260 team members. it's incredible numbers, and we are all volunteers, we love doing what we're doing. but the pressure is intense. and with winter conditions, it's feared rescues could turn to tragedy. this year will mark the a0th anniversary of the falklands conflict — which claimed the lives of 255 british and 6a9 argentinian troops. our defence correspondentjonathan beale has been looking back at the events of 1982 — and speaking with some of the veterans who fought in the conflict. it was a war on the other side of the world. on april the 2nd, 1982, argentine forces invaded the falkland islands and claimed it as their own. the task force, with all its power, is ready. britain has gathered its might, it must set its course. accompanied by the late brian hanrahan for the bbc, a task force of more than 100 ships had set sail within days to make the 8,000 milejourney. their task — to liberate the islands. i thought we had better get ready and take it seriously, but i'm not quite sure that i absolutely believed we would do it. but as they sailed south, resolve hardened. first with the controversial sinking of the argentine cruiser the general belgrano with the loss of 323 lives. we didn't cheer when she was sunk, because we were in a ship, as well. we knew there were argentine submarines. we could have ended up in the same boat, or the same water. so we suddenly realised that it was going to be a proper hot war. notjust a hot war, it would be the largest air and sea battle involving british forces since the second world war. 100 aircraft and more than 20 ships would either be destroyed or damaged. julian thompson was the man charged with the initial british landings at san carlos on the 21st of may. luckily it was thick fog. so the argentine air force never found us. we knew they were trying to find us. we could hear them zooming around and trying to find us. they might have created a bit of mayhem had they done so. that was the bit i was really worried about. once we had ourfeet on the ground, i knew we were on our way to winning. so great was the scale of victory that, four days after the surrender, nobody has had time to tidy up. goose green was the first time british paratroopers came face—to—face with the enemy. the british lost 18 men, among them friends of paul bishop, who was just 21. after we took casualties and friends had been killed, my feelings was hate towards them. we wanted to take out as many as we could. we wanted to remove them from the islands. later, paul witnessed this — the argentine attacks at bluff cove, where the british lost more than 50 men. he tried to help the dozens injured ashore, but the argentines weren't the only enemy to contend with. winter was coming. a lot of the guys, we just cuddled up together to keep warm at night, and when you woke up, you would do running on the spot or sit ups or press ups to try and get warm and fall back asleep for ten minutes again, wake up freezing cold. so, that's how difficult it was. we're now between the two gun lines and there's a right old artillery duel going on between them. the battle on the ground tookjust over a month. short, but victory would be bittersweet for robert lawrence, a young lieutenant in the scots guards who fought in one of the last battles at tumbledown. it became gutter fighting. ammunition, you know, re—supplies aren't going to happen in the middle of a battle, so once you're using up your ammunition, you start using whatever you can lay your hands on, including enemy weapons, and your bayonet. towards the end of the battle, robert was shot in the head by a sniper. the bullet had hit me in the back of the head and came out up here, just in my hairline above my right eye, removing a.5 by 3.5 inches of skull and damaging the brain quite severely. on the 1ath ofjune, the argentines surrendered. 6a9 of them lost their lives. the british had lost 255 men. so what will the a0th anniversary mean for these three veterans? i have great pride in what i've done. and i've always acknowledged that the injury i have is easier to live with emotionally because i did it in a sort of glorious event than i fell out of a hotel window or, you know, fell off a moped. i personally don't expect anything from the country, from the government. we just volunteered to do it and we did it. it would be nice to be remembered. i visit the san carlos cemetery and usually shed a tear there. | and look out over that - peaceful water and remember what it was like with guns firing and ships being hit _ and aeroplanes bombing. the contrast is really quite remarkable. i um, yeah. you still shed a tear about it? yeah, one does, yeah. a0 years on from a war on the other side of the world — but they are still remembered. jonathan beale, bbc news. now it's time for a look at the weather with carol. hello again. it's been a cold and frosty started the day. some ice issues as well. as the ridge of high pressure moves across, things will calm down. wintry showers tending to ease. there will still be some wintry showers drifting inland and showers coming in from the west as well. some of those will be wintry but a lot of dry weather and a lot of sunshine. but feeling cold. temperatures a—8. in areas with lying snow, the temperature may not get higher than freezing. through the evening, still a few wintry showers around the coasts but a lot of dry weather and clear skies. by the end of the night, the wind strengthening towards the west, the cloud building and weather front bringing in some rain. it won't be as cold as it's going to be elsewhere, —7 across sheltered areas of north—east england. here's the front coming in in the morning, pitching steadily from the west to the east. it's a warm front and behind it a wedge of warmer air. but right behind that a cold front, so gradually turning colder. we start off on a cold and frosty note with the risk of ice. winds strengthening towards the west as the weather front moves steadily eastwards bringing rain with it. bumping into the cold air. for a time we will see snow at low levels. more likely to be in the hills as we push further south. the wind will be a feature, especially in the west and north—west. then it will turn back to rain and turn colder from the west. in that colder air on friday, more showers coming in, still wintry with a lot of dry weather. a fair bit of sunshine around on friday. some of the showers making it through the english channel. into the weekend, a clutch of weather fronts coming bringing some rain, hail snow in the north and it's also going to be windy. during the course of saturday, rain in the west travelling east and on sunday a drier note but rain coming in from the west and pushing east again. this is bbc news, i'm annita mcveigh. the headlines at midday... borisjohnson has been meeting his top team and they're expected not to impose any further covid restrictions in england. that's despite the current high levels of infection in the country. the nhs is under increasing strain from coronavirus. more trusts in england declare critical incidents, and 17 hospitals in greater manchester put some non—urgent surgery on hold. the government's finalising plans to drop the requirement in england that people who test positive on a lateral flow test should get a pcr to confirm it. scotland's first minister nicola sturgeon is due to address parliament later today, as covid cases continue to rise. president macron warns he intends to make life difficult for people in france who have not been vaccinated against covid—19. the australian prime minister, scott morrison has warned tennis