It seems the process to get supporting evidence from University of Virginia has overcome a roadblock. From the Virginia Court System: h/t to WUWT reader Laws of Nature
KENNETH T. CUCCINELLI, II, ATTORNEY GENERAL OF VIRGINIA v. RECTOR AND VISITORS OF THE UNIVERSITY OF VIRGINIA
(Record Number 102359)
The Circuit Court of Albemarle County; P.M. Peatross, Jr., Judge.
Kenneth T. Cuccinelli, Wesley G. Russell, Jr., E. Duncan Getchell, Jr., Charles E. James, Jr., and Stephen R. McCullough (Office of the Attorney General) for appellant.
Chuck Rosenberg, Jessica Ellsworth, N Thomas Connally, Jon M. Talotta, Stephanie J. Gold, and Catherine E. Stetson (Hogan Lovells US LLP) for appellee.
Assignment of Error
- The circuit court erred in setting aside the CIDs based on the ground that the Attorney General lacked a “reason to believe” that UVa. may be in possession, custody, or control of any documentary material or information relevant to a FATA investigation because it is contrary to the statute and without support in the record.
- The circuit court erred in setting aside the CIDs based on the ground that the Attorney General’s “reason to believe” had to be stated on the face of the CIDs because it is contrary to the statute.
- The circuit court erred in setting aside the CIDs based on the ground that the CIDs failed to sufficiently state the “nature of the conduct” being investigated because that is contrary to the face of the CIDs.
- The circuit court erred in setting aside the CIDs based on the ground that FATA does not cover requests for payments made on the Commonwealth when the Commonwealth has been a recipient of a federal grant because that is an incorrect construction of FATA and ignores that money is fungible.
- The circuit court erred by limiting the remaining right of inquiry based upon the errors assigned above.
Assignment of Cross-Error
- Whether the circuit court erred in holding the University is a “person” subject to FATA’s CID provision, where the General Assembly specifically defined the term “person” in FATA not to include Commonwealth entities.