ATI Statement on Results from Today’s Hearing in Freedom of Information Act Case Against U. of Virginia
FOR IMMEDIATE RELEASE
Friday, September 16, 2011
Contact: Paul Chesser, paul.chesser@atinstitute.org
Today in Prince William County court Judge Gaylord Finch delayed arguments and the scheduled production of documents in American Tradition Institute’s Freedom of Information Act lawsuit against the University of Virginia. A brief hearing was held to discuss a Motion to Intervene in the case by lawyers for former UVA professor Michael Mann, whose records that were created while employed there are what ATI seeks. Judge Finch, recognizing the important precedent-setting potential of the case, said he wanted to schedule a longer hearing — two hours — to hear arguments about whether to allow Dr. Mann, now at Pennsylvania State University, to enter the case.
Judge Finch granted ATI a sur reply in the case, which allows ATI Environmental Law Center director David Schnare to place additional materials before the court as Judge Finch considers whether to allow Dr. Mann to intervene. The two-hour hearing is scheduled for Nov. 1.
Statement by ATI Environmental Law Center director Dr. David Schnare about today’s developments:
“If it wasn’t clear before, it should now be clear to everybody. This is an extremely important case, and we appreciate Judge Finch’s careful attention to detail as we proceed.”
See case documents, press releases, media coverage, commentary, broadcast interviews, etc. pertaining to ATI v. University of Virginia by clicking here: http://bit.ly/mLZLXC
h/t to Bob Ferguson
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Great publicity to show that Mann is hiding more than just the decline !
I was rather cynical as to whether the emails that will be disclosed would contain anything of significance. It now appears that they might contain something of significance, and thus the stakes look as they may be high.
Not being a US lawyer, it is difficult to see why the US public should not see these documents given that they paid for the production of the documentation etc (when they paid taxes to the State which in turn used those taxes to employ/fund Mann) and given that Mann signed some form of agreement actually agreeing that ‘work’ related documents etc were the property of his employer (ie., the State). I would have thought that the latter point is high hurdle for Mann to jump over and hopefully, the Judge will order full production of these documents.
Michael Mann is doing a very bad impersonation of somebody who has nothing to hide….
Time for everyone to go “all in” and show all their cards, no exceptions: Mann, McLeod, Santer, Michaels, Spenser, Christy, Trenberth, Curry, Hansen, etc.
Reveal ALL the relevant docs from ALL the players and let us all see where the truth truly, er, lies.
“Next, we need to look at Obama’s Social Security Number.”
Why? Is he hiding a hockey stick too?
Are there any warmists reading this thread?
What are your views on this whole incident?
As AGW-believers, you must be really worried about what is in those emails.
I’d love to hear what you have to say: surely the High Priest of AGW, Michael Mann, would have nothing to hide. Would he?
Can’t we get them on Wikileaks?
Anthony,
Your post title is “Mann Fighting Release of UVA emails on Hockey stick”.
With all due respect, it is not Mann who is the principal in fighting the UVA info release. It is a coordinated group who support Mann. That is who is fighting the UVA info release; it is they who are the climate science Goliath; it is ATI who is David.
Go David.
John
Mann is not acting like a person on the right side of this issue.
mpaul says:
September 16, 2011 at 11:59 am
This could suggest that ATI has information that could shed light on the public interest that would be served by examining these emails. ATI would not make this motion capriciously.
——–
mpaul,
You tease. I have long speculated Cuccinelli has info on UVA/Mann that he has always been holding back. ATI too? I wish I had the movie rights.
John
I hope so…
I must say that he is giving me excellent ammunition as a skeptic in my daily battles against the ecotards. At this stage I have them cornered – I simply say “Why should I believe anyone with something to hide?”
Who’s paying the legal bills ? As a famous fictional detective once said – “follow the money” !
I am so surprised that Mann even has ‘standing’. They’re not his emails, plain and simple (the Greenpeace FOI?) … And the whole reason this is all taking place behind closed doors is to protect his privacy….so I don’t get it.
Gunnar Strandell says:
September 16, 2011 at 12:59 pm
“But when Michael Mann is involved I think it’s about time to question his contribution to the worlds scientific knowledge.”
That would be minus 100 years.
Andy says:
September 16, 2011 at 3:01 pm
Are there any warmists reading this thread?
What are your views on this whole incident?
As AGW-believers, you must be really worried about what is in those emails.
R Gates? Do you have an opinion?
The judge is doing what the judge has to do: due process. Like it or not, believe the motives of the plaintiff/s or not, this is what happens. Do any of you think for a second that the judge is unaware of the applicable law in this case? Regardless of their political affiliation? Come on! Another thing – there is more than one case waiting to be heard in this court. Patience, as they say, is a virtue, and will be rewarded. Spouting off as to the relative virtues of a case will get you (rightly!) precisely nowhere.
The chances of Professor Mann’s challenge succeeding are minimal, given the precedent of Virginia’s state law. But that isn’t the point. The point is to delay, hopefully – to them – long enough for the release of the IPCC’s next work, which will be lauded far and wide, overriding any sensationalist results from this case.
It’s quite simple: this is not to do with the facts, but with what will have the greatest impact.
State agencies produce lots of documents, paid for by the taxpayer, that do not need to be released via a polite request. Lots of things involving, for example: personnel actions, student records, possibly also documents that may become of interest in a lawsuit, and so forth…
We all wish these documents would be made public, but there may be so many that Mann, himself, hasn’t a clue what is there, and with lots of people rattling swords, he may feel a need to protect himself from self-incrimination. After all, those are his words in those e-mails.
I think we should prevent the ” Release of Mann” into the public. He obviously has no credibility, and deserves to fade into the beyond after being exposed for the unscientific fraud he is.
I repeat my earlier comment on an earlier thread:
http://wattsupwiththat.com/2011/09/06/mann-hires-attorneys-to-halt-foia-document-production/#comment-737917
This request to intervene by Dr. Mann has much more substance than at first appears. His attorneys are invoking a First Amendment right of professors to have academic freedom. The attorneys quoted a 1957 Supreme Court case, Sweezy v. New Hampshire (354 U.S. 234, 250) where the Court wrote, “To impose any straight jacket upon the intellectual leaders in our colleges and universities would imperil the future of our Nation. . . Teachers and students must always remain free to inquire, to study, and to evaluate.”
Mann also claims that UVa has agreed to hand over emails that it knows are exempt from such disclosure under Virginia’s Freedom of Information Act. Mann wants to halt that.
Mann also claims that forced disclosure of his emails would have a chilling effect on other academic scientists and force them to be much more careful in what they write in their communications with other scientists. Mann extends this to not only US academics but around the world, presumably because climate science is engaged in by academics in many countries.
If the court allows the intervention, this case could get very complicated, and require a very long time for resolution. No matter who prevails, and if the losing party has the funds, this could be appealed through the various appellate courts and ultimately to the U.S. Supreme Court.
I just want to point out that Michael Mann is ‘reading’ a picture book.
I don’t think we need to see the emails anymore.
The way they have bent over backwards to hide them, really tells us all we need to know. The only reason to undertake this action and look guilty in the eyes of everyone watching…..is because he would look even worse by them being produced. But I suspect the even more important things they are fighting to suppress is the names and actions of others that are now in the clear, but would lose credibility like the Climategaters. If half or better of the IPCC lead authors fall to the suspicious isle, they would all lose. I suspect there will be a stint in jail done by one or more in “protest” before these emails see the light of day. They have everything to lose.
Roger Sowell says:
September 16, 2011 at 5:59 pm
==========================================
Roger, I think you just said they are going to try and re-write the law……….
A brief hearing was held to discuss a Motion to Intervene in the case by lawyers for former UVA professor Michael Mann, whose records that were created while employed there are what ATI seeks.
This is an untrue statement.
Michael Mann has NO records that he has ownership in while employed at UVA. His conditions of employment said so. Everything he created belongs to UVA and the taxpayers who funded his ‘work’. He might not like it now – but those were the conditions of his employment and funding. This is absolutely nothing to do with academic freedom. Had Mann wanted academic freedom to keep his emails privage he could have had it by not taking taxpayers’ monies.
Mike Mann still doesn’t have any kind of a ruling on his “standing’
in the University of Virginia/ATI FOI case.
He, the UVa and ATI get two hours instead of one to argue Mann’s “right”
to participate in deciding which e-mails (and attachments) fall under
the exception rules and don’t have to be released under Virginia’s FOI
laws.