From ATI, Dr. David Schnare
It appears UVA gave Michael Mann a copy of the documents we have sought and under law this means UVA waived its right to withhold the documents from us. UVA effectively admitted they gave the emails to Mann and in their most recent motion and legal memorandum they argue we are trying to do an “end run” to obtain them from Mann instead of UVA. In light of UVA’s delaying tactics and on the basis of this new information, we are going on the attack. Hence our motion and memorandum of law.We ask the court to find that UVA waived their right to keep the emails secret and ask the court to order UVA to hand them over to us.
Keep in mind, UVA calls these documents “proprietary” and thus something they don’t want their competitors to have. But who is Michael Mann and Penn State if he and his university are not UVA’s competitors? He and Penn State compete for research grants, quality students and quality faculty. These are exactly the people and institutions against whom UVA has a right to withhold its emails (if they actually contained economically valuable information).
BACKGROUND
Many have asked us about the status of the law suit against the University of Virginia challenging their withholding of 12,000 emails written or received by Michael Mann while he was a junior faculty member there. Because the University has taken every step it could to delay this getting to the judge, it has taken a long time to get where we are and will take several months more.
Full report here
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Maybe certain climate research individuals and organizations should realize that they’re not expert lawyers.
Jean Parisot says:
February 6, 2012 at 6:52 pm
I can’t imagine them fighting so hard over scientific misconduct. I suspect those emails have something more damning; like contract fraud that could lead to government sanctions on the university or commercial entanglements with green investors.
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Good point. Let’s see the emails.
I believe I can answer your question. Mindbuilder asked:
“I’m glad you are pursuing these emails, and I wouldn’t dispute the legal analysis, but I don’t see why if someone voluntarily gives documents to someone, why that should void their right to privacy. Privacy isn’t just for a single individual alone. Sometimes groups of individuals need privacy against outsiders.”
If you read the memorandum at law, you will see that it goes to great lengths to show that legally, Michael Mann has an adverse interest to the defense being made by UVA. That is the key claim in the memorandum. If Mann *does* have a legally defined adverse interest to UVA in this case then, as a matter of law, the right to privacy with respect to these documents was waived as soon as they were given to him. A plaintiff does not have the right to pick and choose who has an adverse interest to his case; it is a matter of strict and technical legal definition.
The exact reason for the adverse interest is rather technical, and I’ll refer you to the memorandum if you want to see the reasoning. But this should explain the basis for the claim. If the Court agrees that Mann had an adverse interest to UVA in any aspect of this case, then UVA will have to drop its claim of privacy with respect to these documents.
And let me also say that while I think they have made a very good case here, you can never guarantee what a judge will do. He may agree, or he may not, or he may find some way to kick the can down the road. It will be interesting to see which option he chooses.
An excellent response Dr.Schnare in your memorandum, it seems as if they are almost caught.
“Their fear can only be because they think there is fire in those emails, and it will besmirch their reputation.”
I wouldn’t over do it here. It may well be the case that they’re standing up on a point of principle. Whether you agree with that principle or not (I don’t if they’re using tax-payers money) don’t assume that there’s always no smoke without fire. Sometimes there is :p.
They are spending a lot of money for a principle.
So is the State Government of Virginia.
and for a principle they did not defend when the greens came knocking.
The whole way they are fighting tooth and nail to withhold the release of the emails smells like they have a lot to hide.Withholding scientific information is scientific FRAUD. Denying public access to information /research paid for with taxpayer dollars is TREASON . The emails, if they ever get released will be the World War 3 of climategate, an End – of – Days scenario where all is revealed with devastating political fallout. Can you imagine the anger that could be unleashed when suddenly the magic 10 % of the population (from there it will go viral) realizes the Great Fraud that the UN and politicians on both sides of the political divide have perpetrated on the human race. I am not a religious person, but the full scope of the plot really is the work of the DEVIL.
If it’s “principle”, it’s principle with some specific fears motivating it. What else are they concerned will be subject to disclosure if this suit is successful? Here’s where we need input from all interested conspiracy theoryists!
@jeff5778 – The COV is not spending money on principal, but on law enforcement. If every criminal walked into a police station and turned themselves in, then I guess there would be no need for investigations. As most criminals do not do that, I guess if we want effective law enforcement, we have to pay for investigations.