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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Roger Knights
April 29, 2010 9:41 pm

Henry chance says:
April 29, 2010 at 7:47 pm
1 Most likely the AG has dedicated a lot of hours into this case and is taking it forward because he has a strong case.
………………..
Wind Rider says:
There is also the possibility that the AG’s office has received other, non-public information indicative of malfeasance on Dr. Mann’s part during his tenure at UVA with regards to his handling of grant funding.
…………….
HankHenry says:
One wonders what it was that moved Mann from U Va to Penn State.

Y’all are wise in the ways of the world.

John McDonald
April 29, 2010 9:41 pm

An investigation is not a conviction. An honest man has nothing to fear from an investigation. Further, the climate gate emails and many public comments from the alarmists have called for firings, banning, civil lawsuits, and physical violence against skeptics. And in fact many of the evils that have been called for by the crowd in which Mann runs were acted out on skeptics. I think an investigation without prejudiced is absolutely appropriate and actually anything less would be immoral. Here is a person who took $500,000 in taxpayer money, taxpayers have a right to know if the money was spent on science or politics given the evidence of climate gate. Even if no conviction comes of the evidence, there is nothing like the truth to clean up corruption.

bill frumkin
April 29, 2010 9:43 pm

But how do we know if he is a witch?
I know we can build a bridge out of him
-Monte Python
It would be funny if the EPA weren’t about to destroy our economy over this fraud

April 29, 2010 9:52 pm

Some are arguing against Cuccinelli on the grounds that you don’t like to let conservatives have too much power in science any more than you like to let leftists have too much power. But this makes little sense, either in theory or as applied to this Cuccinelli case.
Theory-wise, it matters nothing whether the one creating or using science is leftist or conservative. All that matters is whether what he says is true and evidentially justified. In this case, either Cuccinelli is right that there has been possible malfeasance by a crook scientist or he is wrong about that. There is no evidence that Cuccinelli is doing anything that might turn out to be malfeasance. Do we know that Mann innocently spent the monies? No.
Some wax libertarian, arguing that one should like the government poking its nose into science. But libertarians are not in favor of crooks thriving on government expenditures procured through lies.
Just the facts, ma’am. Leave politics out of it.

AnonyMoose
April 29, 2010 9:53 pm

The popcorn industry would like to thank everyone involved. The way all this is twisting and turning will need enough analysis to keep statisticians busy for decades. There’s a climate signal in there someplace.

John Wright
April 29, 2010 10:00 pm

Yes, it leaves a nasty taste, but which extreme do you prefer? – a Cuccinelli style witch hunt or a British government committee style whitewash? Mann seems at present unassailable; even if the process proves a long dragged out one, it will take the wind out of his sails.
And we should never forget that he’s quite prepared to use the force of the law against the Minnesotan satirists.

Stop Global Dumbing Now
April 29, 2010 10:16 pm

As a researcher at a public university where the “Old Boys Club” rules and whistleblowing seldom does any good, I applaud Mr. Cuccinelli.
Reed, Rod, vigilantfish, and AusieDan — well put.

Fred
April 29, 2010 10:19 pm

It seems no one is much upset when universities do a once over and declare everything peachy keen. But if someone with real power and the ability to deal out real punishments for fraud gets involved then things have gone too far. If the University of Penn felt there should be an investigation why shouldn’t the governments who did the actual funding also feel that way?

wobble
April 29, 2010 10:20 pm

George E. Smith says:
April 29, 2010 at 4:17 pm
But I’m also not in favor of government witchhunts; unless their is clear evidence of malfeasance..

Do you not think the hockey stick is clear evidence of malfeasance?

I think it is ok for the AG to enquire as to just how Mann used State funds while he was being State supported; I think they need to tread very carefully.

Why should they tread very carefully if they are enquiring about the use of public funds? The customer, or the customer’s representative, should always be allowed to ask about the use of their funds. You should tread very carefully when implying otherwise.

it shouldn’t be some beurocrat breathing down their necks; while having no understanding of the science issues.

An attorney general isn’t a bureaucrat, and it’s silly to think that state attorneys can’t get their hands around the science issues.

Stephen Kaszynski
April 29, 2010 10:24 pm

I really couldn’t care less who this AG is or what his motives are. Whether or not this could be considered a witch-hunt is irrelevant. The fact is, we NEED this investigation to happen. Mann and all the rest of these scientist wannabes need to be brought down one way or another.
I also agree that every aspect of work backed by government funding should be made public. If I’m paying for this crap I have the right to know EXACTLY how my money is being put to use.

wobble
April 29, 2010 10:31 pm

Pamela Gray says:
April 29, 2010 at 8:04 pm
what the H E double toothpicks does sexual orientation have to do with anything?

Many people think that discrimination based on sexual orientation is a big issue.

Anybody who wants to regulate someone else’s life and their right to life, liberty, and the pursuit of happiness, in any way, shape, or form, should be voted out of office.

Actually, states do regulate many such types of regulation. Are you against that?
The problem is that it’s illegal for public universities to extend rights to state employees prior to those rights being made law. Virginia hasn’t yet afforded state employees protection rights against discrimination based on sexual orientation. However, when it does, I’m sure Cuccinelli will enforce such law.

wobble
April 29, 2010 10:33 pm

Actually, states do regulate many such types of regulation.

Sorry, I meant to type. “Actually, states do regulate many such types of discrimination.”

savethesharks
April 29, 2010 10:39 pm

As a red-blooded libertarian, I do not agree with all the AG’s controversial moves.
However…most of them, I do. That is why I voted for him.
When it comes to, in his short term so far, of having the kahunas to flip the proverbial middle finger at the Feds by petitioning the egregious EPA findings, or suing the Feds for the unconstitutionality of the written-in “coercion” of the healthcare bill, or taking on the malfeasance of the Hockey Team as it relates to the public funds that I helped pay for out of my paycheck while Mann was at UVA…I say “give ’em hell, Ken!!”
And to Henry Chance…I really enjoy your legal perspective on what is going on throughout these events.
Chris
Norfolk, VA, USA

wobble
April 29, 2010 10:41 pm

Peter Wilson says:
April 29, 2010 at 7:20 pm
All scientists receive funding, and it is essential that they be able to pursue their research without fear that they may be called to account if they turn out to be wrong – an ever present possibility in science.

I couldn’t disagree more.
I don’t think it’s essential that scientists taking public funds be able to pursue their research without fear that they may be called to account if they turn out to be wrong.
In fact, I want scientists to fear that they may be called to account if they turn out to be wrong using public funds. An engineer or contractor building a public bridge or public building will surely be called to account if they turn out to be wrong.
I want scientists to stop throwing caution to the wind. We see far too many cases of overreaching conclusions these days. It’s time to pull the reigns in.

David Ball
April 29, 2010 11:04 pm

This is an audit. No big deal. If he is above board then there is nothing for him to worry about. A lot of people get audited.

Doug S
April 29, 2010 11:28 pm

You cannot love science and support the defiant refusal to share information at the same time. There is a bad smell here that only sunshine can cure. How appropriate that the home state of Thomas Jefferson would undertake this inquiry.

Rachelle Young
April 29, 2010 11:33 pm

I commented some months ago that I thought they were vulnerable to a suit for treble damages under the False Claims Act. Apparently PA has a state version of the federal act. To the extent that Mann and the university collected federal funds they are still vulnerable to a federal action. Under federal law a False Claims suit need not wait for the feds to act. A private party could bring the suit as a qui tam action and participate in part of the recovery.

stan stendera
April 29, 2010 11:36 pm

Rocky Road 8:59 pm
I thought about who I could use instead of Al Capone. No one really met the criterion. I do agree I defamed Capone.
If you want to know what I really think about Mann scroll up to my earlier post about Mann. You can make your own conclusions about that comment.

April 29, 2010 11:59 pm

By any of the laws of logic, if the scientific community whose rule is: “beyond reasonable” doubt has supported Mann, then there is no way that a legal case based on the “balance of probabilities” would have a chance.
The irony is I think a court of law is far more likely to find mann “guilty” than any group of his scientific “peers”. This clearly shows that the science community is far too willing to “turn a blind eye” to wrongdoing by other “scientists” and rather than requiring assertions to be “true beyond reasonable doubt”, it seems to me the general scientific community are supporting the idea that scientists can say whatever they like trash the statistics, politicise the subject and they will never be held to account unless it is proven beyond all reasonable doubt that they definitely unequivocally …. Oh, they’ve retired, too late to do anything.

geronimo
April 30, 2010 12:06 am

I’m not sure what evidence the AG has to pursue Mann, but it can only be for misuse of public funds. As odious as he is, I don’t believe Dr. Mann has misappropriated funds, or at least not to the extent that it will be found out/important enough to bring him to trial. Once cleared of misappropriating public funds the CAGW camp will trumpet that this proves he’s (a) a matry and (b) a scientist of unimpeachable integrity whose science has been proved correct by the inability of the Virginia government to provide any evidence of malfeasance.
If he isn’t cleared they will say (a) he is the victim of a witchunt and (b) a scientist of unimpeachable integrity whose science whose science is beyond reproach.
He can’t lose.

Hilary Ostrov (aka hro001)
April 30, 2010 12:13 am

Al Gored says: April 29, 2010 at 5:50 pm
Recall: “February 10, 2008: Canadian Environmentalist David Suzuki Calls for skeptical leaders to be thrown ‘into jail’ […]
=====
Indeed he did. And his call was somewhat more temperately echoed recently by another Canadian group, West Coast Environmental Law, who asked (March 26/10),


http://wcel.org/resources/environmental-law-alert/time-sue-climate-change-deniers
Less than a month later, sure enough, Andrew Weaver (yet another West Coaster, as am I!) decided to sue the National Post for “defamation”. And he’s certainly not doing so in a particularly quiet way!
http://hro001.wordpress.com/2010/04/29/weavers-curious-notnots-and-novel-remedy/

Dave McK
April 30, 2010 12:13 am

Who lacks the sense to make a monument to consequences, will make a monumental to sacrifice.
Those who love life, on the other hand, will test the power of ‘NO’. It’s not just a pretty word.

Hilary Ostrov (aka hro001)
April 30, 2010 12:16 am

Sorry mods, looks like I messed up on that blockquote attempt … it’s eaten my cited text 🙁

R.S.Brown
April 30, 2010 12:35 am

Please note the action involves the University of Virginia directly
and Mike Mann only tangenitally … so far.
If the UofV has the information Attorney General Cucinelli is seeking, then
their former Professor Mann need not be bothered.

Amino Acids in Meteorites
April 30, 2010 12:37 am

CRS, Dr.P.H. says:
April 29, 2010 at 9:31 pm
Small potatoes….if the Republicans regain the US Senate, just wait for Sen. Jim Inhofe to regain his former position as Chairman of the Senate Committee on Environment and Public Works.
It is possible that Republican will win back the Senate in November. Barbara Boxer in California is one of the key races. If she loses that could tip the scales. It is still close but it is obvious she is worried. She has disappeared from the national spotlight and is completely focusing on November. She had been an important player in Cap N Trade. But not a peep has been heard from her in it’s latest incarnation.
A lot has come to the surface since Republicans lost control of the Senate. Inhofe could have a parade of corruption about global warming for America to behold. I hope Glenn Beck lives to see the day Inhofe marches out the corruption he revealed about Cap N Trade on his show tonight. It was the hardest hitting piece of investigative journalism probably since Watergate. I genuinely pray for protection for Glenn Beck after what I saw him reveal on tv tonight. Barak Obama/Van Jones/AFL-CIO/George Soros/SCIU/Franklin Raines/Fannie Mae/Goldman-Sachs/’The Emerald City’—it was all in there. I wish there was video of it available on the internet!

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