A Climategate-like bombshell: State Attorney Generals colluded with Green groups to punish political opponents

Guest essay by Chris Horner

Emails obtained by the Energy & Environment Legal Institute (E&E Legal) show that the offices of New York Democratic Attorney General Eric Schneiderman and those of other politically aligned AGs, secretly teamed up with anti-fossil fuel activists to launch investigations against groups whose political speech challenged the global warming policy agenda.

These emails, obtained under open records laws, shed light on what followed after a January meeting, reported by the Wall Street Journal on April 14, in which groups funded by anti-fossil fuel Rockefeller interests met to urge just this sort of investigation and litigation against political opponents.

Recently, after the think tank the Competitive Enterprise Institute (CEI) criticized the AGs’ intimidation campaign, U.S. Virgin Islands Attorney General Claude Earl Walker — one of the AGs  working with Schneiderman — subpoenaed ten years of the non-profit organization’s records relating to climate change.

The latest email release strongly suggests a financial incentive for AGs to pursue their political opponents, rather than merely silencing and scaring away support for those who dare disagree with their extreme global warming agenda.

The e-mail correspondence between Schneiderman’s staff, the offices of several state attorneys general, and various activists covers the weeks leading up to a March 29 “publicity stunt” press conference with former Vice President Al Gore, to announce the targeting of opponents of the global warming agenda.

The correspondence shows government officials actively trying to hide their coordination, by using a “Common Interest Agreement.”  This sought to protect as privileged the discussions about defending President Obama’s controversial global warming rules, and going after political opponents using the Racketeer Influenced and Corrupt Organizations Act (RICO).

Most intriguingly, this sought to hide discussions among the AGs, “their staff and certain outside advisors”. These communications and coordination included:

  • Lem Srolovic, chief of the New York Attorney General’s Environmental Protection Bureau
  • Scot Kline, a Vermont assistant attorney general
  • Matt Pawa, an environmental lawyer who works with the Climate Accountability Institute and the Global Warming Legal Action Project of the Civil Society Institute
  • Peter Frumhoff, director of science and policy for the Union of Concerned Scientists

Pawa and Frumhoff have been pushing for this investigation for years, at least since a 2012 workshop entitled “Establishing Accountability for Climate Change Denial,” a brainstorming session in California for activists on ways to convince state attorneys general to investigate “deniers” using RICO laws.

As the Vermont and New York correspondence show, Pawa and Frumhoff were invited to secretly brief the state attorneys general.  They each received 45 minutes to provide arguments on “climate change litigation” and “the imperative of taking action now” immediately prior to the AGs’ press conference, according to schedules prepared by Schneiderman’s office.

The next day, March 30, Pawa wrote to Eric Srolovic of Schneiderman’s office and Vermont’s Scott Kline seeking help. A Wall Street Journal reporter wanted to talk to Pawa, and he asked the two officials:

“What should I say if she asks if I attended?”

Srolovic replied:

“My ask is if you speak to the reporter, to not confirm that you attended or otherwise discuss the event.”

The documents obtained by E&E Legal also include responses to a questionnaire sent to the state attorneys general by Schneiderman’s office.  U.S. Virgin Islands AG Walker reveals his interest, having just completed an $800 million settlement from Hess Oil company, in “identifying other potential litigation targets” and ways to “increase our leverage.” The Hess money, Walker wrote, was used to create an “environmental response trust”.

Other AGs across the country have criticized these investigations. West Virginia AG Patrick Morrisey has said,

“You cannot use the power of the office of the Attorney General to silence your critics.”

Oklahoma AG Scott Pruitt and Alabama AG Luther Strange issued a joint press release stating,

“It is inappropriate for State Attorneys General to use the power of their office to attempt to silence core political speech on one of the major policy debates of our time.”

AG Jeff Landry of Louisiana said,

“It is one thing to use the legal system to pursue public policy outcomes; but it is quite another to use prosecutorial weapons to intimidate critics, silence free speech, or chill the robust exchange of ideas.”

In the end, it seems the only parties that may be breaking the law are those colluding  AGs in their scheme to silence political opposition, while seeking funds for their preferred policy agenda.  It is they who need to come clean.

CLICK HERE TO READ THE EMAILS

Chris Horner is an attorney in Washington, D.C. who obtained the email records for the Energy & Environment Legal Institute.  He is also a senior fellow at the Competitive Enterprise Institute.

Get notified when a new post is published.
Subscribe today!
0 0 votes
Article Rating
186 Comments
Inline Feedbacks
View all comments
Peter Roach
April 18, 2016 9:30 am

Give’em Hell

Sata Baby
Reply to  Peter Roach
April 18, 2016 10:08 am

Welcome to USASSR?

Reply to  Sata Baby
April 18, 2016 11:00 am

There isn’t a free country anywhere in the world. Switzerland probably comes closest. When I was young, I used to think I lived in a free country (England), and it does make me smile when I hear Americans speaking of living in a free country. Evidently not paying attention to what’s going on around them. The politics of fear is used by most countries, and collusion is going on all around us – to the detriment of the people. What saddens me most of all is what is happening at this very moment in Germany, to a comedian. Dark days indeed.

Reply to  Sata Baby
April 18, 2016 12:03 pm

bazzer1959: America was more or less a free country—you’re right about no “free countries anywhere”, of course—but yes, Americans keep ignoring what was going on. They became all about handouts and what the government could do for them. Now, they’re angry at what happened, but it was entirely their own fault.

Luther Bl't
Reply to  Sata Baby
April 18, 2016 1:40 pm

Sata(n?) Baby – U$$A is simpler, and distinguishes it from EUSSR.

Reply to  Sata Baby
April 18, 2016 5:54 pm

An Attorney-General complicit in global warming fraud and conspiracy to commit fraud is also found in of all places New Zealand.
https://turiteadocuments.wordpress.com/turitea-wind-farm-documents/

markl
Reply to  Paul
April 18, 2016 8:16 pm

Paul commented: “….https://turiteadocuments.wordpress.com/turitea-wind-farm-documents/….”
A foreshadowing of what will happen in the rest of the world unless people wake up. These people have no respect for anyone or anything other than their ideology. Socialism on the march and getting more bold as the populace fails to speak up for the victims until they become victims themselves. It starts with lies and promises that never materialize and complaints are totally ignored. Ignored. And they are allowed to get away with it. When will the “silent skeptic majority” that is spelled out in all the polls make their stand?

Reply to  markl
April 19, 2016 2:24 am

Thanks Markl, you certainly appreciate the seriousness of the Turitea wind farm fraud.
Will Karen Price (recently married to David Cunliffe, aspiring Prime Minister), Shonagh Kenderdine the fake judge, Attorney-General Chris Finlayson, Nick Smith, Judith Collins, and Helen Clark (now after Ban Ki Moon’s UN job) not to mention a slew of other green troughers ever be held to account?
One can only hope so.

Sata Baby
Reply to  Peter Roach
April 18, 2016 10:30 am

What we witness is Cultural Marxists and Hippies making “a better World”?

TResendez
Reply to  Sata Baby
April 18, 2016 9:21 pm

We clearly should have forseen the danger in the exemptions to the draft for Vietnam, effectively turning our institutions of higher learning into the collegiate equivalent of Sanctuary Cities for draft evading hippies, black radicals & domestic terrorists a-la the Weather Underground and transforming the fringe elements of the far-left into the future leaders of America.

Reply to  Sata Baby
April 26, 2016 10:04 pm

“We clearly should have forseen the danger in the exemptions to the draft for Vietnam, effectively turning our institutions of higher learning into the collegiate equivalent of Sanctuary Cities…”
What you mean “we” white man?
Vietnam was not something anyone could call a just war, it was a meat grinder for unwanted children. Late term abortion Democrat style. It’s difficult for anyone to blame other than Lyndon Johnson and his Texan oil cronies I’m not sure who that might be?
I’m fairly sure this RICO thing has a deep history and many bodies rotting in the closet. Today’s leftovers are the disgusting progeny of a cult born from post WWII entitlements inherited by people like Johnson. This is hardly a plan laid down by “the people” of the US.

Reply to  Sata Baby
April 26, 2016 10:29 pm

I wrote:
“It’s difficult for anyone to blame other than Lyndon Johnson and his Texan oil cronies I’m not sure who that might be?”
Of course this is a pure example of someone with repressed anger attempting to write coherently on a subject he finds deeply disturbing.
What I meant to write was; it’s difficult to blame anyone other than Lyndon Johnson and his Texan oil cronies. If it was someone else, who might that be?

Marcus
April 18, 2016 9:31 am

Hmmmm, sounds like a RICO crime ! How ironic..

Reply to  Marcus
April 18, 2016 10:10 am

And I can see Gorbatchov laughing. Clutural Marxism killed the Western World?

Reply to  Marcus
April 18, 2016 2:31 pm

As I predicted to a few of my pals, names would appear in this latest RICO twist who are really the “usual suspects”. In the initial story where the WSJ spoke of a leaked email printout, we saw the names of the lawyer Matt Pawa, along with John Passacantando and Kert Davies, the latter of which I detailed right here at WUWT last year ( https://wattsupwiththat.com/2015/02/26/the-origin-of-climate-smear/ ), while I’ve covered Passacantando on several occasions at my GelbspanFiles blog ( http://gelbspanfiles.com/?tag=john-passacantando ). Regarding Pawa, I first covered his connections to the core clique of enviro smear merchants back in 2010 in a Breitbart article ( http://www.breitbart.com/big-government/2010/11/27/global-warming-nuisance-lawsuits-are-based-on-a-fatal-flaw/ , shortened a bit here http://gelbspanfiles.com/?p=2512 ).

Bob Boder
April 18, 2016 9:33 am

The desperation of these groups to silence all dissent is clear illustration of how much money they are making of this scam. CAGW is the single biggest fraud ever perpetrated.

Rob Morrow
Reply to  Bob Boder
April 18, 2016 10:04 am

It’s the same old scam, but the scale is unprecedented. Alarmist “scientists” enjoy all the perks and false authority of pre-scientific shamans. The easily frightened masses always seek comfort from hucksters peddling certainty and easy answers.

Reply to  Bob Boder
April 26, 2016 10:17 pm

“CAGW is the single biggest fraud ever perpetrated.”
I’m pretty certain that prize goes to the “financial crisis”, which was the largest daylight robbery ever committed in the history of history.

Ralph Knapp
April 18, 2016 9:36 am

Has McCarthy risen from the dead in the body of Gore??

GTL
Reply to  Ralph Knapp
April 18, 2016 9:54 am

No, McCarthy was correct in that FDR did have Russian (Communist) spies working at high levels in his administration. Gore is not right about anything having to do with CAGW.

FredericE
Reply to  GTL
April 18, 2016 10:01 am

69% convictions of those accused of communist spying.

Moa
Reply to  GTL
April 18, 2016 6:19 pm

When the archives were opened, McCarthy was right. However, there were (and still are) more Collectivists that even McCarthy suspected.

Reply to  GTL
April 26, 2016 10:19 pm

“there were (and still are) more Collectivists that even McCarthy suspected.”
Al Gore being one of them.

BernardP
April 18, 2016 9:41 am

After spinning of this by the Leftist Maintream Media, the general public will find it is OK for government authorities to “consult” with green groups. They are doing this for the common good. Everybody knows The Science Is Settled. Climate Skeptics are engaging in a form of hate speech. Nothing to see here… move along…

StarkNakedTruth
Reply to  BernardP
April 19, 2016 8:48 am

Well…right up until the general public realizes that the so called green groups have determined that in order to save the planet, (by whatever scam sticks)…a certain number of the general public must be systematically exterminated, in order to achieve the green goals.
I suspect when the ‘day of reckoning’ arrives, the proverbial dog poop will hit the fan. Just saying….

Reply to  StarkNakedTruth
April 19, 2016 7:16 pm

I wish it would. If things don’t turn around sharply, I sometimes think our only hope is anger. Waking up is a start though, and people are certainly doing that.

Reply to  StarkNakedTruth
April 26, 2016 10:21 pm

“in order to save the planet, (by whatever scam sticks)…a certain number of the general public must be systematically exterminated, in order to achieve the green goals. ”
We had to destroy the village in order to save it.

April 18, 2016 9:42 am

Rancid.

April 18, 2016 9:42 am

Sounds to me that a revers RICO is in order

Reply to  William E Heritage
April 18, 2016 9:59 am

Not needed. 18USC241 makes it a crime punishable by fines and up to 10 years imprisonment to conspire to deprive any person of any constitutional right. Basic civil rights law. Applicable here. Most formal entities have standing as legal ‘persons’. CEI is a 501(c)(3) tax exempt charitable org with IRS EIN 52-1351785, annual ‘income’ of about $6.5 million and assets over $1.2 million.

April 18, 2016 9:42 am

There are two courses of action that CEI should follow. 1. Get a sympathetic AG to press criminal charges against the activists and the US VI AG under 18USC241. Just figure out how to get standing with one or more of them. 2. File a civil suit against same under 42USC1985. Make the damages several years worth of total CEI funding. The emails and previous meeting information provide all the evidence necessary for a criminal conviction and a civil summary judgement award. CEI could crowd source the cost of the civil action. Surely many WUWT readers would contribute.

dam1953
Reply to  ristvan
April 18, 2016 10:03 am

One more thing. All attorney participating in the fraud should be disbarred.
I think the group of AG’s just may the day they listened to Gore and Obama and pursued this. The big screw up was thinking that Exxon would just roll over.
I expect that Exxon as well as other oil companies and “defendants’ will drag the whole green movement into this via the discovery process. It’s going to get ugly. Really, really ugly.

ossqss
Reply to  ristvan
April 18, 2016 10:43 am

I would 2nd that proposition. Their tactics go beyond just CEI as I also feel threatened/assaulted by the actions of the said AG’s and arbitrary policies of the current administration.
This is outright oppression in my opinion, right along with many other aspects of the current administration’s pursuits that follow the same path to suppression of our rights as U.S. citizens.
A class action suit may be warranted in the end.

kim
Reply to  ossqss
April 18, 2016 12:45 pm

7,000,000,000 in the class and growing daily. That’s seven billion people, for the innumerate among us, and we be many.
====================

brians356
April 18, 2016 9:43 am

And who is going to investigate this and possibly take action? FBI? AG Loretta Lynch? Uh huh.

FJ Shepherd
Reply to  brians356
April 18, 2016 9:55 am

Excellent point, brians356.

Marcus
Reply to  brians356
April 18, 2016 10:06 am

..The FBI is not controlled by Obama and his liberal lapdogs !

ossqss
Reply to  Marcus
April 18, 2016 10:54 am

If that were the case Marcus, Hillary would be in the same boat as General Petraeus, but she isn’t.

brians356
Reply to  Marcus
April 18, 2016 11:02 am

Really? Q: Who does the FBI Director report to? A: AG Loretta Lynch. Q: Who appointed Director James Comey? A: Dear Leader

Reply to  Marcus
April 18, 2016 12:21 pm

Not yet. Confirmed that FBI accessed at least some of the private emails. Confirmed that Comey has broadened the investigation to imclude political corruption in addition to secrecy (State favors to foreign doners to Clinton foundation, already documented ‘appearance coincidences’, but needing corrupt intent evidence). Many who know Comey say he has great integrity, and if he recommends charges and Lynch doesn’t follow the recommendation he will resign and there will be the equivalent the Watergate Saturday night massacre.

Reply to  brians356
April 18, 2016 10:32 am

42USC1985 allows CEI to file civil suit on its own initiative.

brians356
Reply to  ristvan
April 18, 2016 10:42 am

I’m sure the AGs are shaking in their Gucci loafers. And what would winning look like?

gnomish
Reply to  ristvan
April 18, 2016 1:01 pm

who pays any award, ultimately?
so taxpayers get punished for paying taxes- that’s an established norm- but it does nothing to discourage the vultures
imo, it’s far preferable to get the conspiring AGs fired and no pensions.

Reply to  ristvan
April 19, 2016 7:30 pm

I hope those who can are listening to you, Ristvan. This should happen IMHO.

skeohane
April 18, 2016 9:43 am

From the perspective of ‘We’re conspiring to present what we want others to believe, therefore any dissent must be a conspiracy’.

MarkW
Reply to  skeohane
April 18, 2016 11:42 am

When you want to know what a leftist is doing, just look at what they are accusing others of doing.

Big Bob
April 18, 2016 9:46 am

Chris, I read this story a few minutes ago as reported in the NY times. Your report was much cleared than their version. the NY times version was almost unintelegable.
I gave up part way through. It’s like they didn’t really want anyone to understand what was going on
thanks

brians356
Reply to  Big Bob
April 18, 2016 10:07 am

It’s not unlikely the “journalist” who wrote the NYT story doesn’t understand what’s going on.

Reply to  brians356
April 19, 2016 4:22 am

I think it’s more likely is the NYT doesn’t want YOU to know what’s going on.

Gus
April 18, 2016 9:49 am

Conspiracy against rights is a federal offense in the United States of America under 18 U.S.C. § 241 (Wikipedia). The industry and the think-tanks should take this matter to court.

DMA
April 18, 2016 9:55 am

Isn’t the first step in proving Exxon and others were withholding damaging information to put forth the damaging information they were supposedly withholding? I have not seen any credible evidence of CO2 induced harm to date . Even the speculative “evidence” is incapable of showing present harm and wildly speculative on future harm. It seems to me that declaring these speculations to stockholders as reason for concern would be misleading. Basing company policy on them would be betraying their trust. So these AGs are in effect attempting to cause the companies to mislead their owners to promote the AG’s agenda.

Greg
Reply to  DMA
April 18, 2016 11:57 am

Yes, if you want to look at real harm, how about we start with the UN introducing Cholera to Haiti, which had never experienced Cholera before. Now on a multi year outbreak after the UN gave it to them.
http://www.slate.com/articles/news_and_politics/foreigners/2016/04/what_caused_haiti_s_cholera_epidemic_the_cdc_s_museum_knows_but_won_t_say.html

kim
Reply to  Greg
April 18, 2016 12:42 pm

The Clinton’s stolen gold mine
Drains the sane and fine.
Drink the water,
No more cholera;
Nothing left on which they’ll dine.
====================

Reply to  Greg
April 18, 2016 7:57 pm

Thanks…unbelievable

April 18, 2016 9:57 am

Bombshell? I believe most of us here suspected this when the story was discussed here.

Neil
Reply to  Aphan
April 18, 2016 10:54 am

It’s one thing to “know” something.
It’s another to have actual evidence of the thing you “know”.

Resourceguy
April 18, 2016 9:58 am

It’s too bad we currently have a deeply compromised Dept. of Justice also.

Felflames
Reply to  Resourceguy
April 18, 2016 12:32 pm

Times, as well as presidents and the people they appoint, change.
Right now, those AGs probably think they are untouchable.
Lots of criminals thought that, right up until the cell door slammed .

April 18, 2016 9:59 am

“Anti fossil fuel Rockefeller”. Who was this guy Rockefeller? The founder of Standard Oil who made billions from …
Fossil fuel.

brians356
Reply to  Hans Erren
April 18, 2016 10:12 am

Wealthy trust fund progeny, never having known anything but pampered luxury, learning how their riches originated, socialized by liberal Ivy League professors, suffering from guilt and living a meaningless existence, discover “saving the planet” as a way to atone for their forebears’ sins.

Reply to  Hans Erren
April 18, 2016 10:26 am

Yep, that guy, the one who funded US eugenics programs and supplied Hitler’s war machine.
Lloyd Finicum was murdered by FBI and Oregon State Police a few months ago. They stated under oath that he was shot in self-defense as he reached for a gun, although video released by the FBI showed its snipers had fired through the roof of his truck and tried to kill its occupants before he stopped. His murder was judged to be justified. Let’s pretend the Nazis haven’t taken over.
I sure hope Energy & Environment Legal Institute shreds them.

brians356
Reply to  cassidy421
April 18, 2016 11:29 am

That would be LaVoy Finicum.

Catcracking
Reply to  Hans Erren
April 18, 2016 1:29 pm

.”..While building America..” and changing the life of many in a significant way along with others.
http://www.history.com/shows/men-who-built-america

Reply to  Hans Erren
April 18, 2016 3:54 pm

Kinda reminds me Winchester’s heir. She was nuts!
But at least her madness didn’t infect the rest of the world.

Mike Macray
April 18, 2016 10:06 am

i wonder what if any play this will get in the MSM….?

brians356
Reply to  Mike Macray
April 18, 2016 10:13 am

Tongue firmly in cheek there, Mike?

Tom Halla
Reply to  Mike Macray
April 18, 2016 10:19 am

I wonder if the conspiracy among the anti-skeptic AG’s will become an issue in the Presidential primaries.

Sata Baby
April 18, 2016 10:12 am

Putting people with an opinion in jail is going to save the World?

n.n
April 18, 2016 10:17 am

Green drivers. Renewable technology? Clean power?
It’s a tale told by activists to promote special interests.

Resourceguy
April 18, 2016 10:25 am

I hear there are openings coming up in Brazil also.

redc1c4
April 18, 2016 10:30 am

this is what fascism looks like.

Resourceguy
April 18, 2016 10:37 am

While you’re at it, an investigation is still needed of the Justice Dept. role in ousting Alaska senator Ted Stevens with charges that were later dismissed but which resulting in breaking of the senate majority rule vote to pass key Obama agenda items and almost Waxman-Markey.

kim
Reply to  Resourceguy
April 18, 2016 12:38 pm

The Just Us Department. Yes, Rg, this is a particularly egregious and evil example. Stevens is now dead, but honoring his memory would be to bring the matter to better resolution. It is an ongoing sore, seeding further federal failure.
=============

David Wells
April 18, 2016 10:38 am

Maybe there is a simple solution to this argument. Why don’t all fossil fuels companies just work to rule and only deliver limited quantities of oil petrol coal and gas especially restrict deliveries of kerosene to airlines and especially to airforce 1 and then see what Obama says?

jaypan
April 18, 2016 10:39 am

Fossil fuel companies (Hess) paying hundred millions to empower their enimies. Suicidal strategy.

Reply to  jaypan
April 18, 2016 11:24 am

No. Hess operated since 1965 one of the largest WH refineries on St. Croix, USVI. Massive oil spills contaminated the main island aquifer in 1990s from lack of maintenance investment. EPA has already recovered 43 million gallons. Hess sold half to Venezuela (PDVSA) in 1995, form of a JV, to spread liability, in return for committing tomuse only Venezuelan crude. In 2002 the JV signed an agreement with USVI to keep the refinery operating (VI taxes and jobs) until 2022 in exchange for tax breaks. Then on one days notice in 2014, shut the now unprofitable, old, underinvested in, badly maintained refinery and put the JV into liquidating bankruptcy. Essentially tried to walk away from the JV operating agreement and the environmental cleanup costs. USVI could not touch PDVSA, but nailed Hess.
Nothing remotely like Exxon or CEI concerning climate change.

jaypan
Reply to  ristvan
April 18, 2016 4:26 pm

Thanks. Didn’t know this background story.

markl
April 18, 2016 10:40 am

Call me cynical but nothing will come of this. The only thing that will stop AGW madness in the US is a sympathetic administration. Look at the AGW leaders in Europe….the UK and Germany….they are economically self destructing in front of everyone and nothing is being done about it. Only a Brexit can help them now.

Scottish Sceptic
Reply to  markl
April 18, 2016 11:01 am

+1

Harrowsceptic
Reply to  markl
April 18, 2016 11:16 am

The only problem with getting our Brexit, which i’ll be voting for, is that for the last 20-30 years the British government and the Civil Service have been kow-towing to the EU. Will they now be able to a) think for themselves and b) have the b*lls to fight our corner in all the tricky negotiations that will be necessary.

Reply to  Harrowsceptic
April 18, 2016 11:45 am

a) probably not and
b) probably not.
“…. against groups whose political speech challenges etc …….. .”
If only this whole thing could be un-politicised. (if that is a word.)
Sigh.

Reply to  Harrowsceptic
April 18, 2016 11:48 am

It isn’t a problem. If we don’t get favourable trading (export) conditions, then we ban their imports. Don’t forget that when Brexit happens, Cameron and Osbourne will have to go. In will come a more hardline approach with Jonny Foreigner. We’ll have Boris, IDS and David Davis.

Athelstan.
Reply to  markl
April 18, 2016 12:11 pm

x 100.

Ian Macdonald
Reply to  markl
April 18, 2016 11:17 pm

+1E6. The ‘shameful union’ we should be worrying about, is that with Brussels.

Reply to  markl
April 19, 2016 4:31 am

+2

1 2 3