UPDATED: related FOIA documents are now posted at the end of this story.
Posted on the American Spectator:
“Climate Gate” Development: CEI Files Notice of Intent to Sue NASA
By Chris Horner on 11.24.09 @ 9:46AM
Today, on behalf of the Competitive Enterprise Institute, I filed three Notices of Intent to File Suit against NASA and its Goddard Institute for Space Studies (GISS), for those bodies’ refusal – for nearly three years – to provide documents requested under the Freedom of Information Act.
The information sought is directly relevant to the exploding “ClimateGate” scandal revealing document destruction, coordinated efforts in the U.S. and UK to avoid complying with both countries’ freedom of information laws, and apparent and widespread intent to defraud at the highest levels of international climate science bodies. Numerous informed commenters had alleged such behavior for years, all of which appears to be affirmed by leaked emails, computer codes and other data from the Climatic Research Unit of the UK’s East Anglia University.
All of that material and that sought for years by CEI go to the heart of the scientific claims and campaign underpinning the Kyoto Protocol, its planned successor treaty, “cap-and-trade” legislation and the EPA’s threatened regulatory campaign to impose similar measures through the back door.
CEI sought the following documents, among others, NASA’s failure to provide which within thirty days will prompt CEI to file suit in U.S. District Court for the District of Columbia:
– internal discussions about NASA’s quiet correction of its false historical U.S. temperature records after two Canadian researchers discovered a key statistical error, specifically discussion about whether and why to correct certain records, how to do so, the impact or wisdom or potential (or real) fallout therefrom or reaction to doing so (requested August 2007);
– internal discussions relating to the emails sent to James Hansen and/or Reto A. Ruedy from Canadian statistician Steve McIntyre calling their attention to the errors in NASA/GISS online temperature data (August 2007);
– those relating to the content, importance or propriety of workday-hour posts or entries by GISS/NASA employee Gavin A. Schmidt on the weblog or “blog” RealClimate, which is owned by the advocacy Environmental Media Services and was started as an effort to defend the debunked “Hockey Stick” that is so central to the CRU files. RealClimate.org is implicated in the leaked files, expressly offered as a tool to be used “in any way you think would be helpful” to a certain advocacy campaign, including an assertion of Schmidt’s active involvement in, e.g., delaying and/or screening out unhelpful input by “skeptics” attempting to comment on claims made on the website.
This and the related political activism engaged in are inappropriate behavior for a taxpayer-funded employee, particularly on taxpayer time. These documents were requested in January 2007 and NASA/GISS have refused to date to comply with their legal obligation to produce responsive documents.
RELATED DOCUMENTS (PDF)
Hansen GISS Correction FOI Request
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They will probably “check into it” for a few more years.
Strike while the iron is hot is always a great strategy.
sue them
Gavin Schmidt works there and he is busy blogging these days. (Real climate) No time to get the reports out.
We need to start an avalanche. Tipping point. They both mess with the data and the computor models. No wonder they hide the information. I am sure they are deleting rapidly as they were told to by the CRU e-mails.
Didn’t Anthony Watts tell us Real Climate is down the hall and in the same building as James hansen and Nasa? Real climate is Michael Mann’s moon light job also?
Go for it. Its about time they obeyed the law and provided the requested information instead of conspiring to avoid their obligations.
It appears they have several foxes all chasing the rabbit now 🙂
I am so tired of reading comments by Phil Jones trying to claim innocence in all of this…focusing on the “trick” email.
Phil…NEWS FLASH…YOU SENT EMAILS ENCOURAGING PEOPLE TO DELETE EMAILS. THAT’S WRONG. YOU’VE BEEN SHOWN TO THE WORLD AS A WHINING, CONIVING, ARROGANT PERSON WHO’S NOT PARTICULARLY INTERESTED IN SCIENCE.
Unbelievable on so many fronts.
Let it burn…
Snip away…sorry mods.
JimB
There is a long discussion of the new transparency in Washington after Obama took office on the Dept of Justice web site:
http://www.justice.gov/oip/foiapost/2009foiapost8.htm
This threat to sue will put this new policy to the test. Here is the first paragraph from the the above link:
On his first full day in office, January 21, 2009, President Obama issued a memorandum to the heads of all departments and agencies on the Freedom of Information Act (FOIA). The President directed that FOIA “should be administered with a clear presumption: In the face of doubt, openness prevails.” Moreover, the President instructed agencies that information should not be withheld merely because “public officials might be embarrassed by disclosure, because errors and failures might be revealed, or because of speculative or abstract fears.”
As I stated on Twitter, I smell blood in the water.
http://www.pjtv.com/v/2748
I actually agree with something our president has said…
“The Freedom of Information Act should be administered with a clear presumption: In the face of doubt, openness prevails. ”
“The presumption of disclosure also means that agencies should take affirmative steps to make information public. They should not wait for specific requests from the public. All agencies should use modern technology to inform citizens about what is known and done by their Government. Disclosure should be timely.”
B.O.
This is good news.
The scientists had better lawyer up.
Now, we just need a state AG to start a criminal investigation.
This is only the tip of the litigation iceberg. Scientists (and others) who have lost their jobs or their right to publish as a result of advocacy and interference have a right to compensation for loss of income and damage to reputation, plus huge emotional injury. There may be numerous John Does named as co-defendants in these cases prior to discovery. Note also that there is no statute of limitations for fraud. This will make Watergate look like a childish prank in comparison.
Last year I filed a FOIA for information relating to software assurance classification, and specifically asked that Reudy be polled for that information.
The FOIA came back “No responsive documents”
I’ll send a copy of my notes and the response to CEI.
Frequently asked question at GISS: How do you do this delete thing?
Way to go Chris and CEI. Hope you’re successful.
Discovery phase should be really fun on this one.
Sorry, the documents you have requested were accidently on that rocket we crashed into the moon earlier…we dont know how they got there. Oh well…move along now.
The left’s whole APGW is kind of like the statue with the golden head and feet of clay. The data was molded like clay and the gold would have been their reward.
What is scary is they almost pulled it off before someone swiped the feet from under it.
Probaly just end with the extradition of the hacker/whistleblower to face many years in a US jail.
amen
If the information was acquired in an illegal manner such as hacking can it be used in court?
Great stuff – keep them on the ropes.
I can hear the shredders.
I certainly hope this goes somewhere . At least CEI has the resources to see this through . On the other hand , I’m watching a joint news conference with the PM of India and Obama . The Indian PM stated earlier that he would commit to green technology , in an effort to mitigate climate change . Just yesterday , I heard O say something about the current climate “crisis” . CEI needs to get on it in a hurry , and loudly – as do we all . Despite climate change coming up in the PM ‘ s opening statement , no one asked any questions regarding the CRU brouha .
Hit’em while they are on the ropes,keep punching!!
I told you someone has been erasing/modifying the historical end of the USA temperature series. If the original data pre-1900 is restored, it will turn Mann’s Hockey Stick into a soup bowl instantly.
Well, I am inclined to want to join in on the suit.
I want my weather back, and I want it back in the worst way.
Do YOU want your weather back?
GO! GO! GO!
Do not slack on this at all.
There is no way that there is not much more interesting data and much more revealing communications on this side.
We have heard nothing from Hansen on this.
Push, push, push.
They have distorted and cuorrupted this process for far too long.