Malcolm Turnbull breaks silence over Governor-General clash with Christian Porter

Malcolm Turnbull has launched an attack on the Attorney-General over his account of a stoush over Peter Dutton’s eligibility.

Former prime minister Malcolm Turnbull. Picture: AAP

Malcolm Turnbull has launched a social media attack on Christian Porter, over the Attorney-General’s account of a section 44 stoush in the former prime minister’s office the day before he was deposed.

The Australian revealed exclusively this morning that Mr Turnbull planned to persuade the Governor-General Peter Cosgrove not to commission Mr Dutton as prime minister, over the Home Affairs Minister’s eligibility to sit in federal parliament.

During the week of 24 August 2018 there was advice from leading constitutional lawyers Bret Walker that Dutton was ineligible to sit in the Parliament and thus ineligible to be a Minister, let alone Prime Minister. I ensured we sought the advice of the Solicitor General.

— Malcolm Turnbull (@TurnbullMalcolm) June 27, 2019

In the fiery August 23 clash, Mr Porter told Mr Turnbull the plan was “wrong in law” and could give misleading advice to the General-General. Mr Porter warned Mr Turnbull that if he went public, as the Attorney-General he would be obliged to publicly repudiate him.

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Mr Turnbull took to Twitter on Thursday afternoon to give his side of the story.

“The discretion to swear in a person as PM is vested in the Governor General,” Mr Turnbull wrote.

“The proposition advanced by Mr Porter that it is none of the GG’s business whether the would be PM is constitutionally eligible is nonsense. The GG is not a constitutional cypher.

“During the week of 24 August 2018 there was advice from leading constitutional lawyers Bret Walker that Dutton was ineligible to sit in the Parliament and thus ineligible to be a Minister, let alone Prime Minister. I ensured we sought the advice of the Solicitor General,” he continued.

I took the responsible course of action, obtained the necessary advice, published it and the Party Room was informed when it made its decision to elect Mr Morrison, rather than Mr Dutton, as leader.

— Malcolm Turnbull (@TurnbullMalcolm) June 27, 2019

“The SG’s advice was delivered on the morning of Friday 24th and duly published. His advice was that “the better view” was that Dutton was eligible but it was “impossible to state that position with certainty” and there was “some risk” the High Court would rule he was ineligible.

“I took the responsible course of action, obtained the necessary advice, published it and the Party Room was informed when it made its decision to elect Mr Morrison, rather than Mr Dutton, as leader.”

Mr Turnbull did not comment on Mr Dutton’s claims that he was offered the job of deputy Liberal leader, in a bid to fend off a leadership challenge.