( March 2, 2012) – In response to actions taken by Virginia’s Attorney General, the Supreme Court of Virginia ruled today that the University of Virginia and all other state agencies cannot be served with civil investigative demands which compel agencies to provide information for fraud investigations involving government funds.
In response, American Tradition Institute’s Christopher Horner (Director of Litigation) stated:
“It has been our opinion from the outset of our pursuit of these public records that, by getting the University to admit it possessed records it was telling the public were destroyed, the Attorney General had already won.
There is no argument that these are not state property, or that the FOI law doesn’t expressly cover them; as acknowledged in UVa’s faculty handbook, its website, agreements faculty must sign, and elsewhere.
And so we look forward to their release under the Freedom of Information Act.”
For requests to interview Mr. Horner, contact Tom Tanton, ATI’s Executive Director at info@atinstitute.org or (916)645-2854.
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“It has been our opinion from the outset of our pursuit of these public records that, by getting the University to admit it possessed records it was telling the public were destroyed, the Attorney General had already won.
But more than that – it would appear to show that the University of Virginia has dissembled presumably this means that they should be treated at best as equivocators and possibly as prone to falsehood. This is not the mark of an establishment that should be accredited to teach.
This case was determined solely on governmental immunity. It is likely other statutes apply. Although academics don’t believe it , and nor does Eric Holder for that matter, they cannot lie with impunity to law enforcement agencies and ignore FOI requests, particularly by lying.
Hypoxia. Yuck.
English please… I fear this is just too convoluted an opinion for me
Unless there’s a Climategate type leaker no one outside “the team” will ever see these, FOIA or not.
Can you just sue the president of the Uni. I assume he or she is a person.
Jay Dunnell says:
March 2, 2012 at 5:15 pm
English please… I fear this is just too convoluted an opinion for me
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It means that UVa is part of the Commonwealth of Virginia, and that the Commonwealth of Virginia cannot be forced to co-operate with civil investigations for fraud under its own laws. This kind of provision is not uncommon – it is amazing how many laws governments exempt themselves from.
How is this ruling a victory for those seeking documents? What am I missing here?
I believe the significance is that UVA previously declared the records to have been lost or destroyed. I assume this proves they were/are not, and therefore makes a suit pursuant to FOIA regulations likely. Again, I don’t know that UVA declared them lost. I’m just trying to make sense of the press release.
Jay, he is saying that thought they lost the battle, they won the war.
The decision itself seems to contradict the accountability of government to the people it serves. Instead, it seems to say that government rules and the rest of us should be quiet.
“Virginia is for Larceny™”
Sort of has a nice ring to it.
jeez… there’s no rationale for triumphalism in this narrative.
your target eluded you. you lost.
there’s no way to spin it without looking like a pinwheel yourself.
There are multiple remedies here, including appeal by VA AG Cuccinelli, should he so choose.
The insulation of public institutions such as UVA from accountability is about to end.
Penn State is now the focus of a federal investigation into coverup in the Sandusky matter:
http://www.cnn.com/2012/03/02/justice/pennsylvania-sandusky-investigation/index.html
This is the identical institution which conducted an identical “investigation” into Michael Mann, absolving him.
The outcome of that investigation, and the people involved , have no credibility, and a pattern of criminality may well exist.
I do not think the Supreme Court of Va has any impact on ATI’s ongoing battle to see the emails. Digging further, it appears that UVA has stated they have lost or destroyed attachments. ATI insinuates here in this press release that this may not be true.
This press release below my further illuminate the issue.
http://www.atinstitute.org/virginians-get-first-peak-at-secret-uva-emails/
As a common man, I find this legal mobo-jumbo legal stuff disgusting. If there is nothing to hide, why not show it. Hiding behind “legal arguments” is just like admitting guilt in my opinion. I’ve lost all respect for UVa.
So the University of Virginia is above the law. Well shut my mouth and pass the cornpone.
Another Government which presumes that using public funds is not the public’s business.. and we should have no right to know how that money is being spent, even if it is being abused and wasted…
whats to stop them from stealing all your money and then telling you … to bad so sad screw you….
A Government of The Government, by The Government, for The Government – financed by
Sucka-Chumps.
Mate and checkmate!
What this means is that UVA can not argue that the emails are private property; they are, as a matter of settle law, the public property of the commonwealth. By winning the battle with Cuccinnelli they have likely lost the battle with ATI.
Can this affect the University of Virginia’s accreditation? University’s are very sensitive to accreditation as it affects that which is most dear to them – Money…,
So a state agency is not a “person” (SCOVA), but a corporation is (SCOTUS).
mpaul says:
March 2, 2012 at 7:41 pm
What this means is that UVA can not argue that the emails are private property; they are, as a matter of settle law, the public property of the commonwealth. By winning the battle with Cuccinnelli they have likely lost the battle with ATI.
HOW? Winning, lost…..Sorry, a bit thick here…..
Do not expect much help from accrediting agencies. I have written some blistering complaints about academic standards and quality–things that accrediting institutions should truly care about–only to have them investigate the way that UVa and Penn State investigate. There is very little accountability in this system, as it was never designed for accountability in the first place. Accreditation was set up by the schools themselves to help them establish legitimacy and direct Federal student financial aid.
Explanation here
http://johnosullivan.livejournal.com/48166.html