Hansen finally 'Muzzled' by Obama?

Hansen’s resignation from NASA GISS may not be what it seems

Guest Post by Chris Horner, CEI

So, NASA’s in-house celebrity activist James Hansen says the following in explaining his departure from a lucrative perch — salary alone: $180k per year — one that proved extremely lucrative while there was a useful foil in the White House:

‘As a government employee, you can’t testify against the government,’ he told the Times.”

Hogwash.

Not that “Job 1” for Hansen at NASA was attentiveness to ethics guidelines or anything, but the rules say no such thing. See 5 C.F.R. Part 6901.103 (c) and 5 C.F.R. 2635.805.

Indeed, on top of that cool $1 million-plus in outside cash tossed Hansen’s way after he ratcheted up the alarmism and — more important to many — politicking, he presided over an elaborate document removal/destruction operation run by his protégé and presumptive successor, Gavin Schmidt.

Now, we are to believe that Hansen is so concerned with his ethical obligations as a government employee that he is willing to operate by his own set of rules that, this time, are more restrictive than the real ones.

The fact is that Hansen, as a government employees, is not barred from testifying against the government. Ethics rules applying to Hansen at NASA simply say that he must seek permission to testify, just as he (usually, but not always) sought and, as the world knows in deed if not according to the rhetoric, received permission for his other global warming advocacy.

That requirement that Hansen first receive permission before testifying exists “to prevent an employee from using public office for the employee’s personal private gain”. Which (chuckle) is the same rationale behind the other ethics provisions under which Hansen sought and was routinely granted permission to make lots of outside money on his advocacy. Under George W. Bush.

So Hansen had no reason to believe he would not be permitted to do as he says he wishes.

Unless…

Ah, yes. Hansen’s current attention-getting story, when squared with the ethics rules, is that he has been denied approval to serve as an expert witness per 5 C.F.R 6901.103(d) and 5 C.F.R. 2635.805(c) (serving as a fact witness requires overcoming no such impediments).

Further curious is that his testimony would be a particularly easy approval if “the subject matter of the testimony does not relate to the employee’s official duties”. Which we know would be the case — despite our having argued the absurdity of the idea — because since 2006 he has been absolutely cleaning up with outside income only made acceptable by the supposed reality that his various speeches and prizes, etc., were apparently deemed by NASA as not relating to his official duties. Under Bush.

But now, suddenly, under President Obama, it seems that the subject matter of his activism would indeed relate to his professional duties. Per the administration. According to Hansen’s clear implication. Huh.

If we are to believe Hansen — and face it, we all want to believe him — he was denied permission to serve as an expert witness. If this occurred, it is clear that this is a recent development. That is, during the Obama administration.

Which administration is, apparently, “muzzling” Hansen.

Surely you’ve seen the stories.

Of course, it could be that Mr. Hansen is talking through his hat. Some might argue, not for the first time. For example, what case or cases did he inquire about? Or, did someone who mattered merely let on that, if he asked to testify against the administration, they would deep-six the idea?

It is entirely plausible that Hansen has simply found that his NASA gig isn’t what it used to be in better times for the global warming advocate. Times when, for example, the media had no torn allegiances between Hansen’s bombast and the White House.

For example, that whole “Bush muzzling Hansen” mythology was just that; useful to everyone pushing it to superstitiously or conveniently explain the world, but not supported by much evidence (and belied by thousands of interviews).

Notwithstanding this, it remains worth noting that Team Obama putting the squeeze on Hansen is far less far-fetched.

Sure, early on their Department of Justice did work hard to protect him, a valuable advocate in pushing “the cause,” from having his ethics records disclosed to us, maintaining specious legal claims well after we filed suit.

Then, after Hansen made a pain of himself by drawing even more unwanted attention to the festering Keystone XL pipeline decision, getting arrested with (other) celebrities  in front of the White House, the caginess suddenly evaporated. I received a call asking where I would like to have a messenger deliver the entirety of Hansen’s relevant ethics records we had sought.

Which is how we, and anyone else interested, learned about just how lucrative Hansen’s NASA employment had become for him.

So long as the right foil was in the White House. Then, a government astronomer could make an astronomical sum off of global warming alarmism. Whatever the rules said. Maybe Keystone XL really is proving to be the “game-changer” the greens have said.

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Christopher Horner is a fellow of the Competitive Enterprise Institute and author, his most recent book being “The liberal War on Transparency

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Layne
April 8, 2013 11:28 am

You mean Government ‘Astrologer’

April 8, 2013 11:28 am

John Endicott wrote on April 8, 2013 at 9:47 am in http://wattsupwiththat.com/2013/04/08/hansen-finally-muzzled-by-obama/#comment-1269200

considering he can’t even be honest about his relationship with GISS (“I don’t work for GISS …”

I am doubting your reading skills. I did not say I don’t work for GISS. As I have said before there is a collaborative agreement between Columbia University and NASA, based on which Columbia scientists work at GISS. I am one of them. I thought I have made this clear enough.
However, I am not employed with NASA GISS. I am not a federal employee. Requesting from me anyhow to say I was employed with NASA means asking me to state a falsehood. I don’t know what is behind the wish of some people here, including Anthony Watts, that I was employed with NASA and why they insist on I give false information about my status with NASA.
And if Anthony Watts, or anyone else who replied to my statements in this thread, repeat the claim in the future I was a NASA employee, although they have been informed that I was not, as clearly stated by me here, I will assume they state the falsehood about my employment status deliberately.
REPLY:
I stated:
“REPLY: You are an employee at GISS, why not tell us the story you know rather than cast aspersions? – Anthony”
Note that you stated clearly:
“And to correct your false statement from before. I am not employed at GISS. “
You say above:
‘I am doubting your reading skills. I did not say I don’t work for GISS.”
It seems you are the one with the comprehension problems, or maybe it’s just problems with conversing truthfully.
You’ve spent a lot of time bloviating over the issue of your employment at NASA GISS with “not the kind of people with whom I am very interested in conversing about those things.”.
You have an office at NASA GISS, your are listed in the personnel directory of NASA GISS, and you have a NASA email address, you take federal grant money as part of the employment. Check.
It probably would just be easier and faster to answer the question. Based on your wasting time, I submit that by your actions you are the very model of a modern government employee.
– Anthony

April 8, 2013 11:31 am

I’ve seen Perlwitz tell so many fibs I’ve lost count. He is a serial fibber.
Falsus in uno, falsus in omnibus applies.

sandw15
April 8, 2013 11:41 am

more soylent green! says:
April 8, 2013 at 10:59 am
I wonder how much it pays to not work for GISS? What are the qualifications and educational requirements? Is there a way to apply online to not for GISS?
=====================================================
I’d like to know that too. I’ve been wondering how to put it on my resume. Seems kinda tricky since I always didn’t work for GISS.

Kforestcat
April 8, 2013 11:45 am

Chris
My read is that retiring from NASA wouldn’t get Hansen out from under the applicable ethics rules; because, former NASA employees are held to the same standard as current employees.
Look at 14 C.F.R. 1263 which reads:

“§ 1263.100 Purpose and scope.
(a) This part sets forth procedures to be followed with respect to the production or disclosure of official information or records and/or the testimony of present or former employees of the National Aeronautics and Space Administration relating to any official information acquired by any employee of NASA as part of the performance of that employee’s official duties or by virtue of that employee’s official status, where a demand for such production, disclosure, or testimony is issued in a federal, state, or other legal proceeding.”

See http://law.justia.com/cfr/title14/14-5.0.1.1.34.html
The bottom line is, to testify as an “expert witness” against the government; it looks like Hansen would still have to get the Federal Government’s permission.
Hee… hee… Hansen’s never been good at ethics law.
It might be worth checking out the potential of making an FOIA on any recent requests Hansen made to testify… as the results could be a whole lot of “fun”.
Regards, Kforestcat

John Greenfraud
April 8, 2013 11:46 am

Will this climate clown ever be held accountable for repeated violations of the Hatch act? Stay tuned as Hansen loses his political cover.

April 8, 2013 11:51 am

Jeremy Poynton wrote in April 8, 2013 at 11:09 am in http://wattsupwiththat.com/2013/04/08/hansen-finally-muzzled-by-obama/#comment-1269272

The taxpayer pays. Not NASA. Not Columbia. The taxpayer. This man is a public servant. Repeat. Public SERVANT. He doesn’t work for me as I am a Brit, but he works for, and is answerable to all of you Americans here. End of.

Keep dreaming. Just because my salary comes from tax money, it doesn’t mean I was a “public servant”, or I didn’t have any rights, or I was mandated to give account to anyone only because he/she asks me to do so and he/she pays taxes, or I was mandated to do what some arbitrary tax payer wants me to do.

Reply to  Jan P Perlwitz
April 8, 2013 12:59 pm

@Jan P Perlwiz: re: ” Just because my salary comes from tax money, it doesn’t mean I was a “public servant””
That says nothing. No federal employee considers themselves “public servants”. They consider themselves “federal workers”. Of which they do precious little.

Frank K.
April 8, 2013 11:54 am

Don’t look now, but NASA has a hot new job opening at GISS for the right person:
https://www.usajobs.gov/GetJob/ViewDetails/340965000
Job Title:Chief, Goddard Institute for Space Studies
Department:National Aeronautics and Space Administration
Agency:Goddard Space Flight Center
Job Announcement Number: GS13S0003
SALARY RANGE: $119,554.00 to $158,832.00 / Per Year
OPEN PERIOD: Wednesday, April 03, 2013 to Wednesday, May 29, 2013
SERIES & GRADE: ES-1301-00
POSITION INFORMATION: Full Time – Permanent
DUTY LOCATIONS: 1 vacancy in the following location: New York, NYView Map
WHO MAY APPLY: This announcement is open to All Qualified Individuals.
JOB SUMMARY:
NASA is looking for exceptional leaders for the 21st century! If you are interested in leading dynamic organizations responsible for fulfilling or supporting exciting scientific and aeronautic missions, there may be a place for you on the team. Seize this opportunity to use your current skills, build new ones, and make significant contributions to our nation’s future. As an added benefit, you would be joining an agency ranked as one of the best places in the Federal government to work.
Research at the NASA Goddard Institute for Space Studies (GISS) emphasizes a broad study of global change, which is an interdisciplinary initiative addressing natural and man-made changes in our environment that occur on various time scales and that affect the habitability of our planet. We are looking for a dynamic executive to implement and manage a new way of doing business utilizing innovative, streamlined and efficient management approaches, thereby reducing mission costs and schedule.

ONE VERY INTERESTING JOB REQUIREMENT…
–> U.S. citizenship is required <–
So, does that disqualify Gavin???
Hmmm….Maybe Dr. Roy Spencer will apply ;^)

April 8, 2013 12:43 pm

Anthony Watts wrote:

You’ve spent a lot of time bloviating over the issue of your employment at NASA GISS with “not the kind of people with whom I am very interested in conversing about those things.”

I didn’t make this statement with respect to your falsehoods about my employment status. Now you are just misrepresenting the context of the statement.

You have an office at NASA GISS, your are listed in the personnel directory of NASA GISS, and you have a NASA email address, you take federal grant money as part of the employment. Check.

Nothing of this makes me a federal employee. My contract is still with Columbia University, not with any government agency (or “the taxpayers” in general for the matter of fact.)

It probably would just be easier and faster to answer the question. Based on your wasting time, I submit that by your actions you are the very model of a modern government employee.

Well, you just will have to suck it up that you don’t have any saying about how I organize my time.

J Martin
April 8, 2013 12:44 pm

I reckon a Mr Anthony Watts should apply.

G. Karst
April 8, 2013 12:54 pm

Jan P Perlwitz says: I did not have sexual relations with that organization. GK

Scottish Sceptic
April 8, 2013 12:57 pm

J Martin says: “I reckon a Mr Anthony Watts should apply.
Seconded.

Allen Eltor
April 8, 2013 1:03 pm

He’s quitting now as a smokescreen so he can kick back and relax after a long lucrative career lying. He’s made his money, and he’s made his point he’s “one of the smartest men in the world” by foisting crime under the blanket dare of Al Gore to anyone in law enforcement, to indict, ANY of them.
He’s kicking it back at around age 70 to enjoy the proceeds and glamor of being an on-call guru sitting in his office feeling important to himself, waiting to die.
No? Oh puhLeasE. He’s a socio-criminopath flim-flam man who went into government scamming as a way of life. He found the socio-criminopath to protect him as he made his scams blossom, and it’s time to kick back and let somebody else tutor crime, and criminality.

DaveG
April 8, 2013 1:53 pm

Lol.- Oh Jan (P Perlwitz) – The Beatles must have had a time machine when they wrote “You’ve been a naughty girl you let your nickers down” You exposed yourself and got caught in a lie . Your obviously to caught up in a Hanson’s web of lies and deceit, what a shame!.
How can we believe your deliberate attempt to mislead us with the claim you are not employed by NASA. A few flicks of the mouse shows your most definably are. What else are you hiding?
Redeem yourself and bring forth the good’s.
The Truth will set you free!

Admin
April 8, 2013 1:59 pm

This go-around with Mr. Perlwitz over whether he is is or is not employed at NASA GISS (even though he has an office at GISS, a GISS phone number, an @NASA.gov email address, and depends on public funds) reminds me of the obfuscations and squirming Bill Clinton did over the definition of the word “is”:
http://www.slate.com/articles/news_and_politics/chatterbox/1998/09/bill_clinton_and_the_meaning_of_is.html
On the plus side, even though he works there at NASA GISS, we know Mr. Perlwitz can’t possibly become the new GISS director due to the limits on citizenship.

April 8, 2013 2:01 pm

I think Judith Curry might be strong enough to put GISS through a post-Hansen audit of the adequacy of data management and audit of the validity every basis used for the frequent instances of data processing / adjustments.
If Curry were to be appointed, there would be some GISS personnel changes.
John

John Endicott
April 8, 2013 2:07 pm

Jan P Perlwitz says:
I did not say I don’t work for GISS.
However, I am not employed with NASA GISS
===========================
Ok, clearly English is not your native language, because (despite your attempts to distance yourself from your relationship with GISS), words in the English language have meaning.
Employed. To engage the services of; put to work
Do you work for GISS, yes or no? If no, then why do you have an office with them, an email address from them, and are listed in the personnel directory (remember Personnel: The body of persons employed by an organization). Regardless of what semantic hoops you jump through to obfusicate your relationship with GISS the bottom line is you do work for GISS (as you sometimes admit), they employ your services ergo you work for them, you are employed by them.

John Endicott
April 8, 2013 2:14 pm

more soylent green! says:
April 8, 2013 at 10:59 am
I wonder how much it pays to not work for GISS? What are the qualifications and educational requirements? Is there a way to apply online to not for GISS?
======================================
Indeed, sounds like a good gig where do I sign up for my office, email, and funds to not be employed by GISS?

John Endicott
April 8, 2013 2:16 pm

philjourdan says:
April 8, 2013 at 12:59 pm
@Jan P Perlwiz: re: ” Just because my salary comes from tax money, it doesn’t mean I was a “public servant””
That says nothing. No federal employee considers themselves “public servants”. They consider themselves “federal workers”. Of which they do precious little.
==============================
Isn’t it funny how people as so quick to line up for the govt money yet want none of the accountability that ideally goes with it.

richardscourtney
April 8, 2013 2:20 pm

Friends:
I am writing to ask a sincere question because I am genuinely curious. I would welcome an answer from anybody except Jan P. because I want to know the truth. And before stating the question I will explain why I am personally so interested.
I am a British Subject and I was employed for decades as a research scientist at the Coal Research Establishment (CRE) which was part of an industry (i.e. the National Coal Board: NCB) owned by the British Government. When I joined the NCB I started ‘at the bottom’ but my career progressed and I was the Senior Material Scientist of the industry for some years until 1995 when CRE was closed as part of the privatisation of the industry.
Clearly, I was not a Civil Servant because I was not part of the Civil Service. I was employed by a government-owned industry, I was based at an industrial research facility, and I conducted (often cutting-edge) scientific research at various levels of responsibility.
Though not a Civil Servant, throughout my entire career I was subject to all the conditions of Civil Service employment because the government was indirectly my employer; i.e. the Government owned the NCB. And some of those conditions (notably pertaining to confidentiality) will continue to apply to me for the rest of my life.
So what? You may ask. That is the UK but Hansen and Perlw1tz are employed in the US. Well, several posts in this thread quote US Laws which – not being a lawyer – I understand to be saying that Hansen and Perlw1tz were and are subject to the same conditions as I was when I was an indirect government employee.
However, Jan P. Perlw1tz says

Nothing of this makes me a federal employee.

I do not understand his saying that.
I was indirectly employed by UK Government. Hansen seems to have had similar indirect employment by US Government and Perlw1tz seems to still have it. The quotations of US Laws in this thread support my understanding that their employment status in the US is similar to the employment status I had when I was an indirect UK government employee.
Clearly, my history – stated here – may be prejudicing my understanding. And my UK background and experience may be preventing me seeing an important difference between UK and US employment as an indirect government employee.
So, can anybody please explain to me how it is possible that Hansen was not a “Federal employee” and Perlw1itz is not a “federal employee”?
I am not suggesting that either is or is not a “federal employee”: I am asking how it is possible that Hansen was not and/or the Perlw1tz is not.
Richard

Frank K.
April 8, 2013 2:21 pm

I hereby nominate DR. ROY SPENCER FOR DIRECTOR OF NASA/GISS!!
[Please note: NASA/GISS should NOT be confused with Columbia University, even though certain members of the C.U. staff are apparently directly or indirectly funded by U.S. taxpayer dollars (including STIMULUS FUNDS!!!), have .gov e-mail addresses, and have access to U.S. government property and information. All of this, of course, begs the question – Does anyone at NASA care about whether export control laws are being followed, given the nebulous relationship of NASA/GISS with Columbia University? Do foreign nationals have access to controlled government information?? Are computer servers adequately safeguarded against unauthorized transfer of government information to foreign nationals???]

April 8, 2013 2:26 pm

Be careful Perlwitz, protesting too much at GISS may make your nightmares come true –
yours,
James

April 8, 2013 2:54 pm

Anthony Watts on April 8, 2013 at 1:59 pm
This go-around with Mr. Perlwitz over whether he is is or is not employed at NASA GISS (even though he has an office at GISS, a GISS phone number, an @NASA.gov email address, and depends on public funds) reminds me of the obfuscations and squirming of Bill Clinton . . .

Anthony,
I am sure GISS can help Perlwitz understand better his relationship with them. He must first admit he needs help or there is little hope for GISS in remedying his confused state of mind.
John
– – – – – –

Anthony Watts on April 8, 2013 at 1:59 pm
On the plus side, even though he works there at NASA GISS, we know Mr. Perlwitz can’t possibly become the new GISS director due to the limits on citizenship.

Anthony,
What is the source if your info that Perlwitz is not a US citizen?
Also, there have been unsourced rumors / inferences about the possibility of Schmidt not being a US citizen on this WUWT post and also on the original WUWT post about Hansen retiring. I need sources of the rumors / claims. If he isn’t a citizen then it would potentially eliminate Schmidt as Hansen’s successor.
John

John Endicott
April 8, 2013 2:58 pm

richardscourtney says:
April 8, 2013 at 2:20 pm
So, can anybody please explain to me how it is possible that Hansen was not a “Federal employee” and Perlw1itz is not a “federal employee”?
===========================================
to be a “federal employee”, one has to be employed directly by the federal government. And that’s the semantic game JPP is hanging his hat onto. However, one can be employed by the government in ways other than directly, as was your own situation over in the UK. The federal government employes people directly (federal workers) and indirectly (contractors, sub-contractors, etc). The latter group is no less employed than the former group, despite JPP’s protestations to the contrary, and are still subject to governmental accountability laws (again despite protestation to the contrary).

John Endicott
April 8, 2013 3:26 pm

Jan P. Perlw1tz says “Nothing of this makes me a federal employee. ”
No one has claimed you are a federal employee, that is your strawman. The claim was “You are an employee at GISS,” and you are, you don’t have to be a federal worker to be employed by a federal organization. You have an office with GISS, you have an GISS email account, you are listed in the personnel directory (Personnel n: The body of persons employed by an organization) and you admit (when you aren’t denying it) that you work for GISS. You are,by the meaning of the word as used in the English language, employed by GISS to do work for them.