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
Sponsored IT training links:
Download the latest 640-822 questions and 642-642 test demos for practice and pass your 640-863 exam on first attempt.
Discover more from Watts Up With That?
Subscribe to get the latest posts sent to your email.

The GE connection is interesting because it largely explains its subsidiary NBC’s coverage of Green issues and their over the top report (hit job) on Pat Michaels and other skeptics reported by Ann Thompson about 1-2 years ago. Don’t know if Comcast will reign them in now that they are owners.
It seems that there is a God, after all.
Willis Eschenbach has a terrific blow-by-blow timeline on his early FOIA requests and the resultant behind-the-scenes machinations at CRU.
As his post shows, in context the emails are even MORE damning than they appear.
http://omniclimate.wordpress.com/2009/11/24/willis-vs-the-cru-a-history-of-foi-evasion/
I suppose it’s asking too much for a chance to edit one’s own submissions once the mistakes are noticed? Handy to add items too, like urls etc.
OK, so I will just have to check more thoroughly in future.
Thanks for all the views, data etc – the future looks very interesting doesn’t it?
Some USA presenter called East Anglia, “East Angela” – that cracked me up this morning!
Pharmer writes:
“And if some of these “faux-scientists” knew their studies would be scrutinized by attorneys for damages, they would not be so likely to gin their fibs.”
Absolutely right! Keep in mind that a comparable bit of hysteria and lunacy, the Salem witchcraft trials, ended when a husband of one of the accused threatened to file a libel suit against the accusers.
Hell, I got chips, dips, beer, and chilli on the cookstove!
Climate Change you can believe in: Rats in high places scurrying about, squealing as the dominoes of bad boys fall on them.
No matter what Gavin et. al. are not going to have much time for climate research for a while.
I dislike getting political on a climate blog but the statement about openness on the FOIA by President Obama is made by an individual who has his own college record, etc. locked up tighter than tight. Somehow I think he is more than willing to say one thing and do quite the other. I seem to remember 5 days of posting of bills on the internet for comments before signing and other promises of openness that have evaporated. It would not surprise me in the least if these did also.
Bryan Clark (10:10:37) : Google Ads
No. and No. Bad idea you have. We all know about the ads. The idea is to click on one each time a new ad is posted. Think of it as a well known gesture used in the US to show contempt. And some are actually interesting, entertaining, and so on. Occasionally looking at them might even be useful for WUWT. I say, bring them on.
Why Phil jones had not yet resigned is utterly astonishing.
With links up to extremely high political circles (John Holdren – Obama’s Science Czar) – the sooner the people with the strings sacrifice the CRU group the better.
Believe me, Phil Jones, Briffa, Gavin, Mann et al are mere “pawns” in a powerful chess game – the people really behind all this will very soon find themselves needing to distance themselves from it all.
Time to let the heads roll.
Sorry boys – you were useful and did a nice job pushing the AGW scam – but boys you got silly and you caught – now you are all about to find out that you are expendable.
A personal note to Anthony Watts. You are a hero for all the hours in physically having all the hundreds of weather stations visited. Little did we know they will adjust the temps upward to do what they want the charts to show.
They will add the degrees back 2 to 3 at a time.
Well, that’s it then. Can we all get back to normality?
Adam Sullivan wrote:
“Both these fools are young earth creationists. So when they argue a scientific matter it allows those under attack to fire back with some effective ad-hominems.”
Beck and Limbaugh shouldn’t be on anyone’s list of credible climate science information sources. They’re popular conservative commentators and should be taken for exactly that – no more.
As a man of faith I find your comment above to be no more helpful than the two you criticize. There are plenty of people of faith who are also ardent seekers of scientific truth as well as credible scientists – Dr. Roy Spencer, for one. Faith and science are not mutually exclusive.
JP (10:18:32) : “Does anyone know what this Earth Government is?”
Try the following and then do some searching on the names and ideas therein:
http://icecap.us/images/uploads/EDBLICKRANT.pdf
First few lines are:
“ United Nations politicians, while admitting their lack of evidence, gave birth and nurtured the fraud of Anthropogenic Global Warming (APG). Their Malthusian purpose is to frighten people into accepting the UN as the “centerpiece of democratic global governance” and let the UN, ration our fossil fuel.”
Adam Sullivan,
What are talking about?
Rush has 20 million listeners, many of whom are going to take a look at this for the very first time, get pretty damn upset about it, and then call a Representative, Senator or other official and put the heat on for them to start an investigation.
This is what you call the start of a Tsunami.
Julian in Wales (09:50:38) : I am not a lawyer but if I were at the University of East Anglia I would be asking for their advice. Surely as a precaution they should suspend the implicated staff and announce that they are investigate the papers that have been put out with their names on.
Someone pointed out that UEA is not the richest of universities and may have been sitting pretty on a lot of dosh via CRU. Every day of denial probably equates to money. Sad.
Bryan Clark (10:10:37) : You need to cancel your Google Ads. They run counter to what I always thought this site stood for. They are alarmism at its worst
Bryan, we had a good blogwide discussion about all this, pro’s and con’s, and eventually more or less agreed that the detraction was not too much for most folk here, and enabled Anthony to simply continue this essential work. Sometimes it is even funny and back-to-front relevant.
“Katrina victims use science to sue US government”
http://www.newscientist.com/article/dn17087-katrina-victims-use-science-to-sue-us-government.html
What science would that be?????
“Inuit sue US over climate policy”
http://news.bbc.co.uk/1/hi/sci/tech/4511556.stm
I wonder who will be giving evidence for the Inuit????
“States may sue utilities over climate, court says”
http://www.msnbc.msn.com/id/32959386
There are more cases it will be interesting to see the affect the CRU e-mails will have on such court proceedings
Cromagnum,
If it’s true that Holdren is deeply involved and everything Ball states is true, then this is gonna go off like aluminium-perchlorate! Dude, you don’t want to be near it.
What started as a trickle is now becoming significant cracks in the AGW dam. The dam will crumble and wash away all downstream soon.
Ahhhhhh.
The “goto” statement.
http://di2.nu/foia/cru-code/f77/mnew/merge_1a.for
Used within different loops.
The height of software engineering prowess – not.
From the wiki on “goto”
http://en.wikipedia.org/wiki/Goto#Criticism_of_goto_usage
See that? gotos used in that way were deleted in 1979. That is 30 tree rings ago for paleoclimatologists.
Notice that the code is stored under a “f77” directory.
This is laughable.
CRU has what kind of budget? They need what kinds of computers for their work?
I hope EPA is next on the list to be asked to ‘fess and come clean re data etc.
Few mentions here, but I have serious doubts about the ice-core CO2 measurements which are crucial to the whole AGW thesis. When spliced onto the current MLO CO2 records, they show – an Ice Hockey Stick – which IMO needs investigating too, focussing on the metadata, the multiple opportunities for getting false CO2 levels in this highly unnatural extraction, transport, storage, and testing process.
Pharmer,
Think of the implications:
1. Many governments have made climate protection a centrepiece of their policies.
2. Europe has mandated lifetsyle changes (light bulbs, small cars, etc.)
3. Many industries are subsidised, to combat “climate change” (Solar, wind, etc.)
4. Many entrepreneurs invested in green technology.
5. Many have started businesses that sell green tech and services.
What shall we tall all these people? Sorry, but we made a mistake! Ha ha.
This could get damn messy. Frankly, many of these people were warned. But what did they do? They looked at us like we were nutjob deniers.
He who laughs last, laughs…
Frankly, I can hardly contain my glee.
If not posted previously, this should help them
http://omniclimate.wordpress.com/2009/11/24/willis-vs-the-cru-a-history-of-foi-evasion/
Both these fools are young earth creationists. So when they argue a scientific matter it allows those under attack to fire back with some effective ad-hominems.
You mean like that one you just threw?
I guess we should ignore Hooke and Boyle and Newton, then. That last one wasn’t just a creationist, he was an alchemist as well! The fraud!!