Cuccinelli back at it again on climate-change issue
Attorney General Ken Cuccinelli announced today that his office has reissued a civil investigative demand to the University of Virginia related to research conducted by former UVa. professor Michael Mann into global climate change.
The new CID has been drafted to comply with a judge’s ruling that had set aside an earlier CID attempt by Cuccinelli.
“While the CID was drafted to comply with the judge’s ruling, we do not believe that the ruling was correct in all of its particulars. Accordingly, we have noted that we will appeal the ruling while continuing our ongoing investigation,” Cuccinelli said in a statement.
The attorney general’s office is investigating whether there is sufficient evidence to warrant prosecuting Mann under the Virginia Fraud Against Taxpayers Act. If Mann knowingly used research containing manipulated or deceitful data to obtain taxpayer-funded research grants, he could be liable under FATA, according to Cuccinelli.
The first civil investigative demand made of UVa. by Cuccinelli was related to five research grants received by Mann in the 1999-2005 time frame. Albemarle Circuit Court Judge Paul Peatross ruled in August that the AG’s office failed to show sufficient “reason to believe” that the university possesses documents related to the grants and to Mann’s research suggesting that any fraud had occurred.
“It is not clear what he did was misleading, false or fraudulent in obtaining funds from the Commonwealth of Virginia,” Peatross wrote.
Peatross also noted in his opinion that Cuccinelli would have to limit the scope of any future civil investigative demand to the one research grant of the five being looked at by the attorney general that was obtained from state taxpayer funds. The other four grants were made from federal funding sources.
There could be a further limitation to the investigation of the one state grant. The law giving Cuccinelli the power to investigate Mann was signed into law in 2003, meaning any disbursements of grant funds before that date would not be subject to civil or criminal investigative review.
Story by Chris Graham. Chris can be reached at freepress2@ntelos.net.
WhenVirginiaWasBlue.com: Dems-Virginia taxpayers ‘real victims’ of Cuccinelli activism
Democratic Party of Virginia chair Dick Cranwell spoke out on Tuesday on the ruling by an Albemarle County judge on a request for information made by Attorney General Ken Cuccinelli related to climate-change research by a former University of Virginia professor.
“I was glad to see this ideological crusade by Mr. Cuccinelli dismissed by Judge Peatross, but the real victims are Virginia’s tax payers,” Cranwell said in a news release issued by the Democratic Party of Virginia. “The attorney general is using his taxpayer-funded office as his own personal piggy bank, at a time when Virginians need help. These ideological crusades do nothing to protect Virginians from predatory lending. They do nothing to protect consumers from unsafe products or fraudulent services. In short they do nothing but advance the attorney general’s reputation as an extremist who cares more about his ideology than he does about Virginia. Taxpayers beware, Mr. Cuccinelli is wasting your money.”
Democratic Party of Virginia chair Dick Cranwell spoke out on Tuesday on the ruling by an Albemarle County judge on a request for information made by Attorney General Ken Cuccinelli related to climate-change research by a former University of Virginia professor.
“I was glad to see this ideological crusade by Mr. Cuccinelli dismissed by Judge Peatross, but the real victims are Virginia’s tax payers,” Cranwell said in a news release issued by the Democratic Party of Virginia. “The attorney general is using his taxpayer-funded office as his own personal piggy bank, at a time when Virginians need help. These ideological crusades do nothing to protect Virginians from predatory lending. They do nothing to protect consumers from unsafe products or fraudulent services. In short they do nothing but advance the attorney general’s reputation as an extremist who cares more about his ideology than he does about Virginia. Taxpayers beware, Mr. Cuccinelli is wasting your money.”
Link to news brief on WhenVirginiaWasBlue.com.
Judge blocks Cuccinelli climate-change investigation
An Albemarle County judge has blocked Attorney General Ken Cuccinelli’s first effort to require the University of Virginia to turn over documents related to a former professor’s research on climate change.
The ruling was handed down on Monday, and Cuccinelli’s office responded with a comment attributed to the Republican promising that he will tailor a second civil investigative demand to the university in the matter that conforms to the ruling on the matter involving research conducted by former UVa. professor Michael Mann.
The first civil investigative demand made of UVa. by Cuccinelli was related to five research grants received by Mann in the 1999-2005 time frame. Albemarle Circuit Court Judge Paul Peatross ruled that the AG’s office failed to show sufficient “reason to believe” that the university possesses documents related to the grants and to Mann’s research suggesting that any fraud had occurred.
“It is not clear what he did was misleading, false or fraudulent in obtaining funds from the Commonwealth of Virginia,” Peatross wrote.
Peatross also noted in his opinion that Cuccinelli would have to limit the scope of any future civil investigative demand to the one research grant of the five being looked at by the attorney general that was obtained from state taxpayer funds. The other four grants were made from federal funding sources.
There could be a further limitation to the investigation of the one state grant. The law giving Cuccinelli the power to investigate Mann was signed into law in 2003, meaning any disbursements of grant funds before that date would not be subject to civil or criminal investigative review.
The news release from the Cuccinelli office claimed that the ruling agreed with the office on “several key legal points,” spelling out two, regarding whether or not UVa. is a proper subject for a civil investigative demand (it is, according to Peatross) and whether the attorney general may investigate grants made with Commonwealth of Virginia funds (according to the judge, he can).
Those would seem to be hollow victories, though the release quotes Cuccinelli saying his office will “fully examine the decision and all of the available options before deciding whether or not to also appeal aspects of the ruling.”
Mann also issued a statement on the matter, calling today’s ruling “a victory not just for me and the university, but for all scientists who live in fear that they may be subject to a politically-motivated witch hunt when their research findings prove inconvenient to powerful vested interests.”
Edited by Chris Graham. Chris can be reached at freepress2@ntelos.net.
Groups ask court to block Cuccinelli on climate case
Four defenders of academic freedom have joined forces to file an amicus brief asking a Virginia judge to set aside a demand from Virginia Attorney General Ken Cuccinelli for documents related to the research of a global warming expert once employed by the University of Virginia.
Signing the amicus brief, filed on Tuesday in Albemarle County Circuit Court, are the ACLU of Virginia, American Association of University Professors, Union of Concerned Scientists, and Thomas Jefferson Center for the Protection of Free Expression.
Cuccinelli, whose opposition to global warming theories is well known, created a public stir earlier this year when he sought records from UVA related to the communications and research of former professor Michael Mann, a widely published proponent of global warming theory. Among the broad range of records sought were e-mails that Mann sent to and received from colleagues since 1999.
After learning of Cuccinelli’s demand for information on Mann and reading media reports indicating that UVa. was inclined to comply, the American Association of University Professors and the ACLU of Virginia urged university officials to exercise their right to oppose the demand.
In late May, lawyers for UVa. filed papers in court arguing that the attorney general does not have the authority to demand the records and private communications of a college professor without justification. Today’s amicus brief supports UVa.’s position.
“If the court permits the attorney general to gain access to the private communications among scientists whenever he disagrees with their ideas, the scientists will simply stop sharing their ideas,” said ACLU of Virginia executive director Kent Willis. “The chilling effect on academic freedom and scientific inquiry is incalculable.”
A copy of the amicus brief filed today is available online at http://acluva.org/wp-content/uploads/2010/08/08-17-10.pdf.
Edited by Chris Graham. Chris can be reached at freepress2@ntelos.net.
UVa. files papers opposing Cuccinelli climate-change review
Edited by Chris Graham
freepress2@ntelos.net
The University of Virginia today filed papers with the Albemarle County Circuit Court opposing attempts by Virginia Attorney General Ken Cuccinelli to obtain documents related to the research of former UVa. professor Michael Mann, a global warming expert once employed by the school.
Cuccinelli is seeking a wide range of detailed records – including emails that Mann sent to and received from colleagues while at UVa. – through a criminal investigative demand under the Virginia Fraud Against Taxpayers Act. Mann, who is now employed by Penn State University, received funding from the state of Virginia for some of his global warming research. Under Virginia law, the University must accede to Cuccinelli’s demand or ask a circuit court judge to determine if it is in accordance with the law. Continue reading “UVa. files papers opposing Cuccinelli climate-change review” »
Cuccinelli: Statement regarding Climate-gate investigation
Edited by Chris Graham
freepress2@ntelos.net
The office of Attorney General Ken Cuccinelli today released a statement on the civil investigative demand made by the office of the University of Virginia for information for an investigation of former UVa. researcher Michael Mann’s work on climate change. Continue reading “Cuccinelli: Statement regarding Climate-gate investigation” »
ACLU, AAUP, Dems criticize Cuccinelli on academic freedom
Edited by Chris Graham
freepress2@ntelos.net
Attorney General Ken Cuccinelli’s curious move to subpoena the University of Virginia regarding research done by climate scientist Michael Mann has drawn the ire of groups including the ACLU, the American Association of University Professors and the Virginia Democratic Party. Continue reading “ACLU, AAUP, Dems criticize Cuccinelli on academic freedom” »
David Toscano: BP and Cuccinelli
Posted by afp on June 18, 2010 · Leave a Comment
Submit guest columns: freepress2@ntelos.net
Virginia is the model of the citizen legislature. Delegates and senators are not full-time elected officials; most of us have other jobs. The House of Delegates and the State Senate meet for only 60 days during one year and 45 days during the next year. While legislative committees meet during the interim periods, most of us who serve return to regular jobs in our local communities. That being said, my approach has always been to remain actively involved in the issues that confront the state and the nation. Continue reading “David Toscano: BP and Cuccinelli” »
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