CEI Files Notice of Intent to Sue NASA GISS

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 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

GISS Blogging FOI Request

Hansen McIntyre FOI Request


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Barry Foster
November 24, 2009 1:37 pm

Does anyone know what’s going on at the CRU? No, seriously. http://www.cru.uea.ac.uk/cru/data/temperature/hadcrut3gl.txt All the year’s data apart from January & February has disappeared! We were on course for about 0.42 globally THEN all the data disappeared, THEN this appeared on the BBC http://news.bbc.co.uk/1/hi/sci/tech/8377128.stm I mean, you couldn’t make this up – but it appears they are! Does anyone have any explanations, apart from the obvious?

Alvin
November 24, 2009 1:41 pm

ED Begley is an idiot.
That is all…

RayB
November 24, 2009 1:42 pm

This is illustrative in a lot of ways of the left. It will also open millions of eyes to their MSM allies covering up the story of the decade.
As these people try to spin their way out of being caught in a systematic pattern of willful deceit dating back over a decade, they are exposing just how far outside of the boundaries of ethics they are willing to go for their cause, and that they are absolutely shameless about it.
This should be punished and punished hard because the ramifications run into the trillions of dollars and billions of lives negatively affected. There also needs to be a message sent that intentional fraud will lead to unimaginably severe consequences.
No intention of resigning? Pshaw. Nixon did less wrong that you guys. You and your pals should be run out of the scientific community so far that he closest that you get to science is perfecting the french fry at your new job at Burger King while you are out on Huber(work release from jail).
If we let fraud become a way of life in the scientific community, getting a socialist one world government would be the least of our worries.
The CEI starting lawsuits against NASA is a good thing. I’d like to see class action suits brought by everyone that was damaged by the global warming scam. Hit em hard, hit em wide, and hit em deep. Every power company and power company customer should be in the class. Every factory closed and all of the workers displaced should be in the class. Nail NASA, the CRU, IPCC, Sierra Club, WWF et al and anyone else defrauding the public.

Mildwarmer
November 24, 2009 1:42 pm

Great to see these guys (and yes, its mainly guys, here at least) making complete tits of themselves – keep up the good work WUWT!

Chris S
November 24, 2009 1:46 pm

JP (10:18:32) : “Does anyone know what this Earth Government is?”
I think there’s a lot about it here…..The Green Agenda

Roger Knights
November 24, 2009 1:48 pm

“Your options are: (1) freak out and endorse any and all assertions made in any and all places that attacks any and all of the scientists; or (2) insist that the scientists play by the rules of the game called “science” instead of the game called “”public relations.” Insist on audits of climate records and insist that all publishing journals in the field of climatology insist on absolute public transparency and availability of both source and intermediate data.
“If you do option (1) then you will allow the PR playing scientists to continue playing PR and they will beat you. If you do option (2) and AGW is indeed a fraud (arguable in my opinion, but so what?) then that fraud will most certainly be exposed.”

Absolutely. Restraint is essential. A call for going over this affair, and over the case for AGW in general, with a fine-tooth comb by panels of scientists (preferably retired) is something few now can object to. We’ve got a year or so to do it in before making any trillion-dollar commitment. Politicians would like this route now, because it allows them to back down gracefully in case AGW turns out to have been overblown. So there’s lots of potential support for this.
Making incautiously worded accusations that imply “case closed” or anything like it will be (in the public’s eye) easily refuted, discrediting our side. Instead, just call for “more light” and “a double-check on the science,” and then let time do its work.
======
PS: Regarding creationism, astrology, etc.: Pascal said, “Man is so necessarily mad that not to be mad is but another form of madness.” I.e., it’s probably better to have your craziness “out front” ala Beck, than under the covers, like The Climate CRUsaders.

Kate
November 24, 2009 1:51 pm

Adam Sullivan (12:52:27) :
“Perhaps you think that the existential threat is overblown or you think it doesn’t exist in the first place.”
…Actually, it’s the threat to bleed us white with so-called “carbon taxes” that exists for us, that and the threat to destroy our liberties.

Robinson
November 24, 2009 1:59 pm

Roger Harrabin comments at the
BBC…

Paul, your link is malformed.

Squidly
November 24, 2009 2:01 pm

Glenn Beck just started, later in the broadcast he will present more on ClimateGate!!!

November 24, 2009 2:01 pm

pjotrk (12:51:21) :
This specific case that using FORTRAN for textprocessing may be stupid, well, maybe. FII didn’t have text variables at all, F66 did not have text processing (yes, you had the capability to store characters in numeric variables and print them using the A format descriptor), but F77 *had* build-in text capabilities way ahead of C […]
Remember: “Those who cannot remember the past are condemned to repeat it”: Do not hammer the language, concentrate on the bad coding and not using a CMS.

Heh, it wasn’t ‘A’ in F66, it was ‘H’ for Hollerith. ‘A’ was F77. I remember the past…

groweg
November 24, 2009 2:03 pm

For those criticizing Rush Limbaugh here please consider that he expressed disbelief in global warming long before many of us (including myself) did. I can remember listening to his program several years ago and wincing when he trashed global warming. I was thinking “Give me a break, Rush, everyone knows global warming makes sense and all the scientists affirm it is happening.” He was ahead of his time on this issue. Certainly no scientist, but maybe he has the intuition to smell a hoax better than most.
He tries his best to get the science right. He communicates it to the layman better than many of us could.
Maybe some scientist should volunteer to teach him more about this subject. He would learn more than Al Gore could.

Leon Brozyna
November 24, 2009 2:04 pm

Pamela Gray (10:44:50) :
Hell, I got chips, dips, beer, and chilli on the cookstove!
My recipe for chili includes a liberal dose of crushed red pepper. After tasting that, you’ll need some hard-boiled eggs to chew on to dampen the fire in your mouth. Washed down with some beer and you’ll get all the global warming you can handle.

P Wilson
November 24, 2009 2:05 pm

Jean Bosseler (13:35:43) :
of course they have the data. They haven’t massaged it yet for release early next year

tallbloke
November 24, 2009 2:05 pm

1979. That is 30 tree rings ago for paleoclimatologists.
LMAO! Nice one Adam, class line. 🙂

November 24, 2009 2:06 pm

I resign !
James

Paul
November 24, 2009 2:10 pm

Robinson (13:59:46) :
Roger Harrabin comments at the
BBC…
Paul, your link is malformed.
—————————-
Apologies, try this instead…
http://news.bbc.co.uk/1/hi/sci/tech/8377465.stm

Jean Bosseler
November 24, 2009 2:11 pm
tallbloke
November 24, 2009 2:15 pm

technophile50 (12:35:24) :
I have compared the recently uncovered secret email database from the CRU (http://www.eastangliaemails.com/search.php) with the 50 most referenced “climatologists”

Did Michael Mann escape the list by not being a climatologist?

Annei
November 24, 2009 2:15 pm

What about this Alarmism from ‘The Age’ of Melbourne? They can’t let go, can they?

Paul
November 24, 2009 2:15 pm

Is this better?
BBC…

November 24, 2009 2:18 pm

Rational Debate (12:25:09) :
Thanks.

November 24, 2009 2:20 pm

Harrabin
http://news.bbc.co.uk/2/hi/sci/tech/8377465.stm
“But this affair will surely change things: From now, scientific teams and peer-review groups will be much more cautious about how they word e-mails.”
*More* lock-down and secrecy is the cure?
And: What is a “peer-review group”? A group that agrees to review each other’s papers generously, and exclude others?

Paul
November 24, 2009 2:22 pm

Really fubared that HREF Link! Good lord, anyone would think I’ve never written a webpage before! Must hide the decline…!
Jean Bosseler (14:11:21)
Yes, thats the link.
REPLY: You are making this too hard. Simply type in the link in the comment and WP will auto link it.
Example: http://www.google.com http://www.amazon.com
all I did for these was type in the w w w . whatevever and WP did the rest. Works the same for cut and paste. – Anthony

Robinson
November 24, 2009 2:24 pm

Apologies, try this instead…
http://news.bbc.co.uk/1/hi/sci/tech/8377465.stm

Well, that was a dissapointment!

yonason
November 24, 2009 2:26 pm

Chris S (13:46:03) : JP (10:18:32) : “Does anyone know what this Earth Government is?”
It’s also a new religion, complete with covenant (“earth charter” and “ark of the earth charter”.
Note the earth charter info is a PDF put out by the UN.
They are the last people I want in charge of my world.

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