Virginia Attorney General goes after Mann and UVA

Cites nearly half a million dollars in state grant-funded climate research conducted while [Dr. Michael ] Mann— now director of the Earth System Science Center at Penn State— was at UVA between 1999 and 2005.

ken_cuccinelli
Virgina Attorney General Ken Cuccinelli - Image: Cuccinelli Campaign

From The Hook, it seems satirical YouTube videos will be the least of Dr. Mann’s worries now.

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No one can accuse Virginia Attorney General Ken Cuccinelli of shying from controversy. In his first four months in office, Cuccinelli  directed public universities to remove sexual orientation from their anti-discrimination policies, attacked the Environmental Protection Agency, and filed a lawsuit challenging federal health care reform. Now, it appears, he may be preparing a legal assault on an embattled proponent of global warming theory who used to teach at the University of Virginia, Michael Mann.

In papers sent to UVA April 23, Cuccinelli’s office commands the university to produce a sweeping swath of documents relating to Mann’s receipt of nearly half a million dollars in state grant-funded climate research conducted while Mann— now director of the Earth System Science Center at Penn State— was at UVA between 1999 and 2005.

If Cuccinelli succeeds in finding a smoking gun like the purloined emails that led to the international scandal dubbed Climategate, Cuccinelli could seek the return of all the research money, legal fees, and trebled damages.

“Since it’s public money, there’s enough controversy to look in to the possible manipulation of data,” says Dr. Charles Battig, president of the nonprofit Piedmont Chapter Virginia Scientists and Engineers for Energy and Environment, a group that doubts the underpinnings of climate change theory.

The Attorney General has the right to make such demands for documents under the Fraud Against Taxpayers Act, a 2002 law designed to keep government workers honest.

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more at The Hook

h/t to Chip Knappenberger

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Jack Simmons
May 1, 2010 3:09 am

Henry chance says:
April 30, 2010 at 6:11 am

Is this case a witch Hunt at tax payers expense? Valid question
Is this a witch hunt?
1 Obama is sending SWAT teams to board drilling platforms. from the department of the Interior
A. The department of the Interior doesn;’t have SWAT teams
B Swat teams with bullet proof vests etc? Are there armed terrorists and gangs on the rigs?
C. The fire was 9 days ago. The rig in question is long gone.
D Is this a publicity stunt for the Green peace crowd and appeasement and demand for environmental justice?
2 Accusing people of a witch hunt at severe taxpayer expense is now a common defense for the guuilty parties
3 Are show trials beneficial for gaining points for re election? For Obama For above mentioned AG?
4 Will lack of dramatic response result in being targeted and a loss of popularity?

Maybe there is evidence of sabotage in the oil rig explosion. If true, prudence would dictate some response to prevent other ‘accidents’.
The problem is that politicians have been known to hype up incidents for their own purposes. Hitler with the Reichstag Fire, http://www.britannica.com/blogs/2007/03/the-reichstag-fire-and-the-enabling-act/ and some of us might even remember LBJ and the Tonkin Gulf episode.
Until more facts are in, maybe Obama needs to be cut some slack.

Jack Simmons
May 1, 2010 3:18 am

David Schnare says:
April 30, 2010 at 8:32 am
Dave,
One of the best comments I’ve ever read here.
Thank you.

Jack Simmons
May 1, 2010 3:36 am

1DandyTroll says:
April 30, 2010 at 10:17 am

Case in point: you start a carbon trading company which is earning carbon trade points by planting trees, i.e. something that is offsetting co2 “pollution”, but you don’t actually plant any trees yourselves yet you earn points, which you do by donating money to organizations that says they’re planting trees, and of course nobody seem to know if those organizations are in fact planting trees themselves neither. The only thing that’s supposedly important is that carbon rights has to be valued more then the cost of donating to one or more supposedly honorable tree hugger’s organizations.

I’ve often thought about setting up a carbon trading company.
First off, I would make sure others are doing the planting, or alleged planting. That way, when things go bad I can say, “Well, they said they planted 100,000 trees. Ask them what happened to the trees.”
Second, the trees, or alleged trees, would be in some remote, difficult to get to place, with lots of trees. Like somewhere in the Amazon or New Guinea. I would have lots and lots of footage taken of the locals actually planting trees.
Third, I would be prompt and thorough in paying all my taxes. That way, the only people in a position to go after me would be in on the scheme. The guys in Europe are in trouble because the didn’t pay their VAT taxes, not because what they did was a fraud.
Fourth, I would give to ‘good’ causes. You know, Greenpeace, various other tree hugging groups. Make a big deal about this.
Fifth, I would just ignore my conscience when I sell a hundred trees worth of carbon credits several times to several different people. After all, who’s being hurt? The buyers feel better and some trees are getting planted.
Sixth, I would donate lots of free trees to the Denver area. And make a big deal about it. See, I would be giving away some of what I sell.
The only problem with my scheme is that rotten little conscience of mine.

May 1, 2010 3:50 am

Lol…methinks that most of the upset with the AG, Ken Cuccinelli, stems from the fact that, horror of horrors, he is a Republican.

dicktater
May 1, 2010 4:47 am

Have any Virginians here read the law in question?
Here is the law:
Virginia Fraud Against Taxpayers Act
http://www.taf.org/virginiafca.htm
Be sure to read the “Definitions” section first. If UVA needs to know what the AG means by “things,” all they have to do is look there. Then read the “False claims; civil penalty” section. Look for the phrase “shall be liable.” After that, notice the “Civil actions filed by private persons; Commonwealth may intervene” section.
A few here have speculated that someone possibly brought “a civil action for a violation of § 8.01-216.3 for the person and for the Commonwealth” in the form of a complaint and supporting evidence to the VA AG. It would then be the duty of the AG to investigate, initiating the CID.
Here’s the AG’s Civil Investigative Demand letter:
http://www.scribd.com/doc/30755623/Untitled
If I lived in Virginia, I would be happy to know that my public serpent was doing his job. Please thank him for me.
BTW:
Anthony,
I like your new WordPress theme. However, I hate trying to read long pages of flat comments. Have you considered nesting comments? Large numbers of comments are so much easier to wade through when nested.
Comment Threading is Here! (Plus Other Cool Comment Settings):
http://en.blog.wordpress.com/2009/02/19/comment-threading-is-here-plus-other-cool-comment-settings/

May 1, 2010 5:31 am

Jabba the Cat:

Lol…methinks that most of the upset with the AG, Ken Cuccinelli, stems from the fact that, horror of horrors, he is a Republican.

Didn’t 0bama outlaw them or something? Anyway, an AG is supposed to be going after things like second-hand smoke, not misappropriation of public funds. Who does this AG guy think he is?

kwik
May 1, 2010 5:49 am

My impression is that Mann has to follow the FOIA law?
Because he get grants from the government?
Right?
So anyone can ask for data,code and mails? According to the law.
Or?
So an investigation shouldnt be a problem for him?
Just hand it over? End of problem?
Unless there is something to hide.
For those who do not know what the Wegman Report is;
http://republicans.energycommerce.house.gov/108/home/07142006_Wegman_Report.pdf

Gail Combs
May 1, 2010 6:04 am

Jack Simmons says:
May 1, 2010 at 1:16 am
Jeff L says:
April 29, 2010 at 6:33 pm
What if it were a left wing politico coming after Anthony, in purely a witch hunt mode?
Number one: Anthony’s efforts are not publicly funded.
Number two: All of Anthony’s data is published.
________________________________________________________________
You forgot #3 Anthony is already subject to attacks by the left wing politicos. I have seen enough of these attacks that I do not dare reference anything on this website. “breathtakingly ignorant” comes to mind not to mention suggestions we should all be put in jail or in an insane asylum.

Harry Lu
May 1, 2010 7:17 am

diktater
Could not see any definition of things. Please could you reference them.

A C Osborn
May 1, 2010 10:02 am

Henry chance says:
April 30, 2010 at 10:50 am
Mann works a door or two down from the Realclimate office. It is also down the hall in the same building as The Gavin Schmidt and James Hansen.
A bit Off Topic I know but does Gavin post on Real Cliamte during Working Hours using a Works Computer?
Wouldn’t that be an Offence?

North of 43 and south of 44
May 1, 2010 10:27 am

Jack Simmons ,
You left out the first step in your carbon offset fractional reserve system setup.
Cut an sell all of the trees on the land you are going to plant trees on …..

May 1, 2010 11:34 am

A C Osborn says:
May 1, 2010 at 10:02 am
Henry chance says:
April 30, 2010 at 10:50 am
Mann works a door or two down from the Realclimate office. It is also down the hall in the same building as The Gavin Schmidt and James Hansen.

Really, according to Penn State his office is in the Walker Building at State College, Pa.

Anu
May 1, 2010 11:34 am

Smokey says:
April 30, 2010 at 5:06 pm

Didn’t you get the memo ?
Skeptics are the ones with great senses of humor:

You missed this entire thread:
http://wattsupwiththat.com/2010/04/21/second-mann-spoof-video-removed/
Do you see the line through “executed”?

Weren’t you the one predicting that Dr. Phil Jones would be executed fired ?

That’s known as “humor”, I thought someone would have explained it to you by now.
Does this look like Dr. Phil Jones is “out of a job” ?
http://www.cru.uea.ac.uk/cru/people/
There is an “Acting Director”, Dr. Liss, appointed so that Dr. Jones could appear non-involved while Parliament is doing its’ obligatory political investigation. Notice Dr. Jones is Academic Staff in the interim – hardly “out of a job”. Do you know what that phrase actually means ? Do you even know what “Acting Director” means ?
http://www.nwherald.com/articles/2010/04/30/81707202/index.xml
And Dr. Jone is not on “administrative leave” – he get’s his same salary, doing the same work, in his same office, pending the conclusion of a witch hunt investigation.
http://www.washingtonpost.com/wp-dyn/articles/A46580-2004Nov12.html
Another “Acting Director” – two months, then gone.
( That’s touching , you concerned about Dr. Jone’s health and hair status. I hadn’t noticed. )
And as I’ve pointed out many times, U. of E. Anglia hasn’t even bothered to change his webpage during these “investigations”:
http://www.uea.ac.uk/env/people/facstaff/jonesp
You’re just twisting in the wind…
As for “keeping a database on everyone’s opinions”, that’s hilarious. You should find some smart teenager to explain to you how the Internet works.
Did you think your “That’s why all their reputations have been destroyed. They are now looked upon as self-serving, rent seeking charlatans” would be forgotten in a few days ?

wobble
May 1, 2010 2:15 pm

Harry Lu says:
May 1, 2010 at 7:17 am
Could not see any definition of things. Please could you reference them.

“Things” isn’t defined, but you must have seen that a “thing” is an official product of discovery according to the law.

“Product of discovery” means (i) the original or duplicate of any deposition, interrogatory, document, thing, result of the inspection of land or other property, examination, or admission, which is obtained by any method of discovery in any judicial or administrative proceeding of an adversarial nature; (ii) any digest, analysis, selection, compilation, or derivation of any item listed in clause (i); and (iii) any index or other manner of access to any item listed in clause (i).</blockquote?

Mike
May 1, 2010 3:52 pm

There was another when politicians made sure scientists gave only the results the state wanted to hear.
http://www.google.com/search?q=lysenko+affair

Henry chance
May 1, 2010 5:28 pm

The oldest articles on Realclimate.org I see are from 2004. It was when Mann was still at Virginia and Scmidt joined mann among others and ramped up this site. Yes we see posts during the business day when they are at school or other locations on Taxpayer salaries. I posted earlier the Realclimate office for Mann schmidt and others is down the hall from NASA and in New Yourk. This site posted an article on this. It is very sticky when professors have misconduct question and they exhibit robust dabbling in companies outside their teaching campus.

Doug Badgero
May 1, 2010 8:25 pm

“Jack Simmons says:
May 1, 2010 at 1:09 am
Doug Badgero says:
April 29, 2010 at 6:07 pm
I am sick and tired of the activist AG’s (Spitzer, Cuomo, et al). I don’t care who their target is.
So, if you were in charge, Bernie Madoff would get a pass?”
What do activist AGs have to do with the Bernie Madoff case? His ponzi scheme fell apart as redemptions mounted during the financial crisis. Nothing to do with activist AGs. Are you okay with the activities of Spitzer, et al against big tobacco and the financial companies?
I would love to see AGW supporters testify under oath but am uncomfortable with fishing expeditions. I do not consider it likely that criminal fraud could be proved.

Roger Knights
May 2, 2010 2:22 am

Witch-hunts are dangerous when the hunter has mass opinion and the media behind him, when the accuser makes inflammatory charges, when severe penalties are possible, and when elite opinion is cowed into silence. None of these circumstances exists now. If the VA AG over-reaches, he won’t get away with it.

toby
May 2, 2010 2:39 am

A.C.Osborn said:
“A bit Off Topic I know but does Gavin post on Real Cliamte during Working Hours using a Works Computer?
Wouldn’t that be an Offence”
Not sure if you are being ironic or not, A.C., but how many people commenting here can put up their hands and sweat they never posted during working hours?
As Shakespeare said “If we all got our just deserts, then who would esacpe whipping?”
I suppose next we will have AGs chasing biologists because they did not give equal time to Creationism in the laboratory or their field trips? Prosecuting medical scientists because they researched contraceptive or abortion pills? State hearings on who should be appointed to professorial positions, or hold tenure? Making sure historians and literature professors are “ideologically sound”? Wasn’t that what McCarthyism was all about?
We are way down the slippery sloope to Lysenko with this sh*t.

dicktater
May 2, 2010 9:45 am

@wobble
I’ve got one that can read! <:-p

BillD
May 2, 2010 2:03 pm

I’m a scientist. Sometimes I post on blogs from my work computer during working hours. I also do work at home on the weekends and at night. I also go into work to do experiments, to write reviews and to write papers during holidays. Usually I get to my office and lab at 7:00 AM (an hour early) but sometimes I stop at the gym to workout between 7:00-8:30. Sometimes I head home an hour early to enjoy a nice spring day. So far, my supervisor has evaluated me based on accomplishments such as papers published. And thankfully, the atorney general has not tried to nail me for the flexibility in my schedule.

Wren
May 2, 2010 7:39 pm

“This is a repugnant piece of over-zealousness by the Virginia Attorney General, that I condemn,” says McIntyre over at ClimateAudit.
If the AG is serious, Mann should be delighted.

wobble
May 2, 2010 8:46 pm

Mike says:
May 1, 2010 at 3:52 pm
There was another when politicians made sure scientists gave only the results the state wanted to hear.

We ARE in that time. Most politicians want scientists to give them more global warming today.

wobble
May 2, 2010 9:51 pm

Doug Badgero says:
May 1, 2010 at 8:25 pm
What do activist AGs have to do with the Bernie Madoff case? His ponzi scheme fell apart as redemptions mounted during the financial crisis. Nothing to do with activist AGs.

An activist AG, or a non-activitst AG, could have investigated Bernie Madoff and uncovered his fraud before it fell apart. Your point that redemptions caused his scheme to fall apart is meaningless.

wobble
May 2, 2010 10:27 pm

BillD says:
May 2, 2010 at 2:03 pm
Sometimes I head home an hour early to enjoy a nice spring day. So far, my supervisor has evaluated me based on accomplishments such as papers published. And thankfully, the atorney general has not tried to nail me for the flexibility in my schedule.

If you worked for a large defense contractor then such actions might be a felony. It’s all about how you are representing the use of your time. It’s illegal to claim 8 hour days for the week if you actually worked 12 on Thursday and 4 on Friday.
There should be nothing wrong with claiming the 12 and 4, but if the 12 and 4 are misrepresented, then it’s wrong.