FOR IMMEDIATE RELEASE
Thursday, January 19, 2011
Contact:
Christopher Horner, chris.horner@atinstitute.org
ATI Environmental Law Center Seeks NASA Records on Dr. James Hansen
Today the American Tradition Institute’s Environmental Law Center filed a federal Freedom of Information Act request with NASA, seeking records detailing whether and how ‘global warming’ activist Dr. James Hansen of NASA’s Goddard Institute for Space Studies (GISS) has complied with applicable federal ethics and financial disclosure laws and regulations, and NASA Rules of Behavior.
This request seeks records of longtime, taxpayer-funded activist Hansen, in the knowledge that FOIA-released records and other documents show his GISS colleague, Dr. Gavin Schmidt, has edited the activist blog RealClimate on regular business hours when he is nominally working for the taxpayer. In fact, FOIA-released records indicate this third-party activism was considered part of Schmidt’s job, seeking to rehabilitate the discredited ‘hockey stick’ and otherwise promoting GISS’s activist line.
The request for Hansen’s ethics-compliance records comes on the heels of his latest adventures in public advocacy, writing in the Chinese newspaper South China Morning Post to blame the United States for modern climate change and his ritually exaggerated claims of future catastrophe, as well as some by now typically nasty sneering at American democracy in a follow-up article published on his website (now taken down but surely produced, as FOIA records have already revealed that so much of his privately posted work has been produced, on taxpayer time).
This is the latest in a long line of often radical behavior by Hansen that, were it engaged in by a government employee on the other side of the ‘global warming’ issue, would have resulted in discipline and possibly termination years ago. Dr. Hansen may state that he is speaking as a private citizen — in fora ranging from his testimony supporting lawbreaking in the name of global warming, to extreme public advocacy only tolerated, if even celebrated, because of his position with NASA — but the obvious truth is that he is trading on his platform as a NASA scientist to gain the wide audience he has (Hansen is an astronomer).
“It seems that Hansen’s access to and use of the media has so cowed his NASA superiors that his office has been allowed to operate unencumbered by applicable ethics requirements which other NASA employees, not so darling to the media, must comply with,” said Christopher Horner, ATI’s senior director of litigation. “In fact, in public court pleadings filed in Competitive Enterprise Institute v. NASA, NASA recently revealed that Hansen’s office operated for years in violation of these obligations.”
ATI’s requests build on that record, seeking specific records since 2004 relating to:
- Required Approvals and Waivers for Outside Employment
- Required Financial Disclosure/Conflict of Interest Disclosure
- Internal discussion of possible or actual disciplinary actions
ATI looks forward to NASA’s compliance with this request, in stark contrast to how it has recently treated other requests for GISS records, with expectation that NASA will provide the responsive records in the statutorily permitted period of time.
See ATI’s Freedom of Information Act request to NASA seeking James Hansen’s records relating to compliance with ethics and financial disclosure laws. ( http://www.atinstitute.org/uploads/File/ATI_NASA_Hansen_Ethics_FOIA.pdf )
For an interview with Christopher Horner, senior director of litigation for the American Tradition Institute Environmental Law Center, contact him at chris.horner@atinstitute.org.

Cal Barndorfer says:
January 19, 2011 at 12:05 pm
This will prove what, exactly. I’m sure I’m not the only one who has done non-job related work during “traditional” working hours.
Radical!
************************************************************
I agree, Cal. Hansen advocating against his own government while on their payroll could be described as radical.
This statement alone brands Hansen as an utter, total, fool. And I mean that in the truest sense of the word. China’s “Green” policy is the virtual, 21st Century version of the Potmkin Villiage.
—
“The nation’s most prominent publicly funded climatologist is officially angry about this, blaming democracy and citing the Chinese government as the “best hope” to save the world from global warming. He also wants an economic boycott of the U.S. sufficient to bend us to China’s will.”
I didn’t do any research on this, but I can assure you with 100% certainty that it is Exxon, Big Coal, Timothy McVeigh, Sarah Palin, the Freemasons, BP, and various and assorted puppy killers. DUH!
—
Thomas says:
January 19, 2011 at 9:43 am
Can we also get full disclosure of who are behind and finances the American Tradition Institute?
“Of course, had your employer discovered your non-job related work during normal working hours and determined that it was excessive, he might have warned you to stop non-job related activities (unless he didn’t appreciate your performance any more, in which case he might have fired you then and there according to the terms of the agreement you probably signed when you were first hired.)”
My employer sits right next to me and has no problem with taking time during the day to do some personal non-work related activities because I make sure all necessary work business is completed before I leave for the day. Sometimes I can even work from home if I like, in which case I pick my own hours of operation.
My point is, you have no evidence of any wrong doing on the part of Gavin Schmidt since you have no idea what his work environment is like or what is considered acceptable behavior while he’s there.
You can see some relevant pages from NASA’s employee handbook here: http://nasapeople.nasa.gov/employeebenefits/benefits/handbook/chapter7.htm
Note the variety of different schedules proposed as well as the fact that some employees are allowed to work an “Irregular Work Schedule”…
Bravo!
[snip]
I take note that this is “request for information” by an empowered lawyer . . .
http://en.wikipedia.org/wiki/Christopher_C._Horner
while Hansen is a scientist . . .
http://en.wikipedia.org/wiki/James_Hansen
after re-reading the FOIA . . . unless Hansen has a deep pocket, I would guess Mr. Horner is looking for something or someone else.
Harry Bergeron says:
Scott B: I remind you that FOIA requests don’t need a “point”.
To think that they need a “point” is to think like a politician or pundit.
FOIA is about the simple facts of the matter, which is what scientists use.
You won’t get an argument from me about that. Though, I assume that ATI will be trying to make a point with the results of their request. And that was where my question was directed. After ATI gets the information they’ve requested, I’d rather ATI focused more on financial conflicts-of-interest, rather than proving that Hansen sent too many scaremongering AGW emails from his work computer, or whatever. Both would be ethical violations, but, to me at least, finacially benefitting from using his NASA position to promote his agenda is the more concerning of the two.
Let’s suppose Hansen owns stock in Windmills-R-Us. His railing against coal power generation would take on a new light, wouldn’t it?
Re: Thomas says:
January 19, 2011 at 12:52 pm
Well, see how’s responding… if it isn’t the famous T, the tipping point, Palm!
Wow! Congrate!
BTW: TP: who is paying you for your very close to 7/24 time you’re spending keeping watch/’answering’/commenting/diverting… on the various blogs & other media…?
WWF? SNF? SEI?… or who is paying your lunch and more… ? 😉
No regards!
//TJ
Cal Barndorfer the web site realclimate has no part to play in Schmidt or Hansen work role , if they have been working on what is their personal hobby but charging the time spent doing it to the tax payer, and then they have been committing a fraud. What they do in their own free time is their concern, but they are receive a wage to attended a place of work to perform a role, which the web site Realclimate plays no part in.
Arno Arrak says: January 19, 2011 at 1:08 pm
Right now I’m searching out the original sources of information for what I’ve read, namely that Venus emits more energy than she receives (from the Sun) and that this was measured (by Pioneer / Venera probes). The quality of my source so far leads me to believe that the information is probably correct but I want to check for myself. Reasons other than CAGW could have made NASA coy about loudly proclaiming their measurements. But if it is correct that energy output exceeds input, then (a) it should be common knowledge to Hansen, and (b) it kills the runaway GHG hypothesis for Venus stone dead. Venus has to have a hot core for output to exceed input.
There is a world of difference between “Irregular Work Schedule” and carrying on private business on a public computer and while on the public clock. I’m ex-Civil Service and, believe me, what Schmidt and Hansen are pulling would have had them booted years ago if their asses weren’t being covered by someone.
Thomas says:
January 19, 2011 at 12:52 pm
And: It’s very much to prefer to keep quiet and hope that people only think you’re out of any common sensed (not to mention any other) mind, than to open your mouth and prove that you really are.
//TJ
Ah, as soon as it begins to smell of a courtroom, our taxpayer-funded data-screwing friends are running in circles like roaches smelling an insecticide…
Hansen and Mann must stand a trial. They falsified and misrepresented information multiple times to secure a substantial public funding of their private ideological agenda. They continue to harm their country and to undermine the reputation of their public institutions by making false, unsubstantiated, exaggerated, hysterical claims.
In a sane society egocentric maniacs of their ilk would never be allowed to speak on behalf of the scientific community. But we don’t live in a sane society.
Cal Barndorfer –
Your commentary is disengenuous, naive and misrepresents what is known to have actually happened. Schmidt, et al, have clearly spent taxpayer funded time and used taxpayer owned resources improperly to support the RealClimate.org website.
When caught out, they went back and tried to get rid of the evidence by deleting the Date/Time stamps from the realclimate.org site’s archives.
They can’t do the same with the internet hosted copies.
Just use the wayback machine and check the Date/Time stamps on their postings-
http://web.archive.org/web/*/realclimate.org
Thomas, unless you specifically explain otherwise, I shall assume ThomasJ was right and that you are the Thomas he suspects. Certainly your response makes me suspect that ThomasJ was correct. If so, thank you both, now we know what to expect.
Cal Barndorfer says:
“This will prove what, exactly. I’m sure I’m not the only one who has done non-job related work during “traditional” working hours. ”
Again with the politician/pundit thinking. Have I spotted a trendline here?
The scientist waits for the data and doesn’t insist on knowing what it “will prove” ahead of the results.
There are limitations on political activities by Federal and some state employees due to the Hatch act. Consider whether Hansen violated any of the following:
• May not use their official authority or influence to interfere with an election
• May not solicit, accept or receive political contributions unless both individuals are members of the same federal labor organization or employee organization and the one solicited is not a subordinate employee
• May not knowingly solicit or discourage the political activity of any person who has business before the agency
• May not engage in political activity while on duty
• May not engage in political activity in any government office
• May not engage in political activity while wearing an official uniform
• May not engage in political activity while using a government vehicle
• May not be candidates for public office in partisan elections
• May not wear political buttons on duty.
cheers,
gary
Thomas says:
January 19, 2011 at 9:43 am
Indeed! If anybody is deserving of my financial donations, it is ATI. I’m seriously thinking of sending them a check.
I notice that somebody has sent a lot of Hansen defenders… a lot more than usual… panicking?
But if they are really just a PR firm lobbying for corporate interests, then I would challenge their tax exempt status.
So what, exactly, does Greenpeace do other than lobby? How about the Sierra Club? It would be a total and utter disaster for the environmental groups if groups like ATI were to lose tax exempt status. Far worse for them than the other side, who do much of their lobbying via tax paying entities anyway.
I’m always stunned how the greenies totally ignore that “their” side does exactly what they accuse their opponents of (lobbying, receiving funds from “Big Oil”, conflicts of interest etc).
Carl: My point is, you have no evidence of any wrong doing on the part of Gavin Schmidt since you have no idea what his work environment is like or what is considered acceptable behavior while he’s there.
Carl, did you read the article? We know that Schmidt worked on the web site during working hours. It seems that he was allowed to. The article says so.
But “wrong doing” and what is considered acceptable by your boss are different matters. Oliver North came into some grief about that! Merely saying that he was allowed to do something does not make it right.
In any case, we know what Schmidt was up to thanks to a an FOIA request. What is wrong with doing the same for Hansen? If he did nothing he wasn’t allowed then he is fine, just like Schmidt.
Joe: this is just silly. now we want government agencies to gag employees and control them?
Interestingly the NZ equivalent, NIWA, sacked their chief warmist – Jim Salinger – for far less. He appealed, naturally, and lost.
My guess is that NZ employment law makes it harder than in the US (in general sacking people is quite hard here).
But do you really want to run with your concept that the government should not “gag” employees? Can you not see where that would end up? Imagine if a senior EPA official was to state that his personal view was that CO2 was not a pollutant! Would that be worth gagging? Because I bet a large number would like to say it. Or if a senior State Department official admitted that she had been quietly sabotaging any agreement in Cancun? Allowing all government employees the chance to speak their mind freely would be a disaster, it doesn’t matter where on the political spectrum you are.
Mike says:
January 19, 2011 at 11:32 am
As a tax payer, I want to know what he is thinking about science and policy. Should he be prohibited from testifying before Congress?
And just how does the FOIA request and response process conflict with the above, your and our individual need and right to know about our own Government, which the FOIA instead seems to aid?
Mike, why do you think the FOIA access, which was actually designed especially for use by any individual citizen, even exists as a rightful legal process within our system the first place?
Or else, just what do you have against this form of Governmental transparency in our Constitutional system where the people, even as individuals, are in control of their own lives and their representative Government, “of, for, and by the people”, in constrast to, say, a Statist or Communist system where people exist almost as vassals in a system “of, for, and by the Government” and essentially have no individual rights, access, or even status as free thinking and acting entities in their own right?
“There is a world of difference between “Irregular Work Schedule” and carrying on private business on a public computer and while on the public clock.”
Where’s the evidence that they were on the public clock?
“Your commentary is disengenuous, naive and misrepresents what is known to have actually happened. Schmidt, et al, have clearly spent taxpayer funded time and used taxpayer owned resources improperly to support the RealClimate.org website.”
So, knowing that NASA allows employees to work irregular work schedules, you just need to provide evidence that on the dates/times in question they were on the public clock.
But… but… even if Hansen did his missionary work on the taxpayer’s dime, he had to, to save the planet. Rules are for the sheep, not the shepherds. He probably has a Five Year Plan, or three, like his Chinese heroes.
So we really must forgive any little trangressions of such a messiah. Without his dedication we probably wouldn’t realize that 2010 was the hottest year or that all the cold weather is yet another sign of The Warming.
Is his wife’s name Tammy Fae by any chance?
Carl, you missed my point.
First, I clearly stated that the his response was contingent upon finding your non-work activities excessive. Clearly your boss does not, but that is immaterial since my point was about Gavin’s boss, not yours. That’s how analogies work – compare a hypothetical situation to the actual situation. Whether or not the hypothetical is possible or even plausible is immaterial, the point is how the hypothetical applies to the real.
Gavin’s boss, as well as Hansen’s, is the tax-paying public. They set up a company called NASA that has certain rules as well the Hatch act that govern employee behavior while on duty. Gavin has most certainly made posts to RealClimate during normal NASA working hours though whether he was on duty has not been determined. It is not difficult to view this as probable cause, but an FOIA suffices since his efforts are subject to such scrutiny by law – probable cause is not even required.
Mark
Cal Barndorfer says:
January 19, 2011 at 2:28 pm
If he was posting from NASA resources, it does not matter if he was on the public clock, he was using public resources. Furthermore, as I noted in my previous post, simply acknowledging that irregular work hours are possible does remove the probability he was on the clock.
Or using public resources.
An FOIA request will provide this information, and, assuming his (their) innocence, no further action will be required. No other legal wrangling is necessary to get the information.
Mark