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.

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April 18, 2016 10:40 am

Is it just me or does it seem like the wheels are coming off the bus?

TA
Reply to  Elmer
April 18, 2016 12:41 pm

Obama’s legacy.

kim
Reply to  TA
April 18, 2016 12:47 pm

Drove it into a ditch. Had to cross the centerline.
===============

April 18, 2016 10:41 am

So power corrupts. So much for American exceptionalism. Just more proof that the US is little different and no better than other thuggish governments. Any wonder remaining why the second amendment?

Louis
Reply to  Nicholas Schroeder
April 18, 2016 12:13 pm

Some amount of American exceptionalism will remain as long as the second amendment remains. How much longer that will be is anyone’s guess. Our constitutional rights are gradually being watered down and eroded. When that process is complete, and American has been fundamentally transformed, there will no longer be any exceptionalism. That will make a certain political party very happy, at least at first. But when they discover that the faith and credit of the country has also been destroyed and they can no longer borrow and spend to fund cronyism and buy votes to the same degree they are used to, they will become very sad again.

TA
Reply to  Nicholas Schroeder
April 18, 2016 12:44 pm

Obama is the problem, not “the U.S.”. There is a difference.

Reply to  TA
April 18, 2016 3:53 pm

Not really. The permanent government continues no matter the party or incumbent. W was just as bad.

Resourceguy
April 18, 2016 10:42 am

Go after Lois Lerner also.

StarkNakedTruth
Reply to  Resourceguy
April 19, 2016 8:51 am

…and do it before she has her ‘park bench’ moment.

Robert of Texas
April 18, 2016 10:44 am

It seems every level of justice is becoming more corrupted by politics. What good is a constitution if the people interpreting and enforcing the laws are allowed to misbehave to forward their own agendas. This is simply shameful.

MarkW
Reply to  Robert of Texas
April 18, 2016 11:46 am

I just read a report on Drudge about how several states are planning on erecting a $1000 per gun tax on hand gun sales.
They can’t outlaw them, so they’ll try to make them so expensive that only rich politicians can afford them.

AC
April 18, 2016 10:46 am

Not that it would happen, but I dream about the day that “Big Carbon” does full commercial blitz to the effect of “The Gov’t of your state has said they don’t want any energy from Carbon soruces. We will agree with their wishes. As of next Xday (within a week) we will cease delivery of all Carbon Energy to your state until such time as your Gov’t through it’s legislature and Governor sign legislation …” And watch the cars go empty and the power shutdown….
I mean let Big Carbon take the AG of all these states at their word.

JohnKnight
Reply to  AC
April 18, 2016 12:19 pm

Nah, they could fund commercials highlighting how they stood up to the fascistic bully boys, and continued to provide reasonably priced energy to the people . . if they really want to do the right thing.

April 18, 2016 10:48 am

In those states that have SLAPP laws, SLAPP lawsuits should be filed against these attorneys general. Many of these AGs have SLAPP laws in their states. https://en.wikipedia.org/wiki/Strategic_lawsuit_against_public_participation

Resourceguy
April 18, 2016 10:53 am

Al Gore has been very busy in the middle man role.

Raven
Reply to  Resourceguy
April 18, 2016 11:53 am

Al Gore has been very busy in the middle man role.

Exactly . . as always.
Whatever is said about Al Gore, he should be recognised for his classic sting operations.
He’ll just stand aside and watch these guys go down if that’s what happens. He won’t be affected
Same as “An Inconvenient Truth”
He used IPCC data to create a scary story and smoothly moved on to that CarbonExchange (or whatever it was).
He’s a user and a manipulator who is adept at taking the credit (and profit) while avoiding the responsibility.

kim
Reply to  Raven
April 18, 2016 12:48 pm

My friend Peter Bocking said that if Al Gore’s hair were set on fire it would provide enough heat and light for a small English village.
==================

Neo
Reply to  Raven
April 18, 2016 2:48 pm

When Al Gore was threatedn with a lawsuit, he and his wife looked into a divorce to compartmentalize and isolate their holdings

albertalad
April 18, 2016 10:56 am

After seven years under Obama’s rule Americans don’t even know which bathroom to use these days. Who is surprised at this state of affairs?

kim
Reply to  albertalad
April 18, 2016 12:49 pm

Barney Fife can’t believe his eyes.
=========

TA
Reply to  albertalad
April 18, 2016 12:54 pm

*I* know which bathroom to use. 🙂
Don’t confuse all Americans with a bunch of Radical Loony Leftists.
The Leftists just seem like they have the loudest voices, because they control most of the news media. But there is a silent majority out there, that is starting to make some noise of their own.
This next presidential election is going to be a turning point, I think. For everyone, not just Americans. We need a confident, forceful, smart leader, who has not stolen furniture from the White House in the past.

Reply to  TA
April 19, 2016 4:39 am

Yeah, to which public bathroom would you send your 12 year old daughter so she could see some 40 year old perv flashing his manhood?
Or, where to send her to not have to see.

David L. Hagen
April 18, 2016 10:59 am

Justice sold for political gain
Hiding behind locked doors, Attorneys General have sold their souls for partisan gain.
The prophet Amos cried out against such injustice in Israel.

“Let justice roll down like waters!” (Amos 5:24). Magnificent words, but what do they mean? What the prophet Amos means by them you can work out from the injustices that he attacks. The people he denounces take their own cut from the hard work of poor people (Amos 5:11), treat them with contempt, and take bribes. When they sell wheat, they rig the scales and the currency (Amos 8:5). It is always poor people who are their victims. These ruthless exploiters are nameless, but they plainly have wealth and power. Their home is Samaria, the capital of the eighth-century B.C.E. kingdom of Israel (Amos 3:9, Amos 4:1, Amos 6:1). Amos shows God demanding justice from them rather than worship: “I hate, I despise your festivals…But let justice roll down like waters, and righteousness like a mighty stream” (Amos 5:21-24).

Social Justice and the Prophets Walter J. Houston
Noble Cause Corruption
Now we see Attorney Generals succumbing to <a href=Once noble Romans and Americans>“Noble Cause Corruption” lured by the “pot of gold” at the end of the rainbow – funds to distribute for their “noble” (aka partisan) “green” cause.
See : Unconstitutional Policing: The Ethical Challenges in Dealing with Noble Cause Corruption Thomas J. Martinelli, J.D.
Regress of Science
These Attorney Generals follow down to corrupt depths the regression and decline of Climate Science.
Big (Climate) Science is broken See:
Scientific Regress, William Wilson, May 2016 FirstThings
Once noble Romans and Americans
These corrupt Attorneys General reflect the wider decline in America – having forsaken Justice Truth and Righteousness, we see greed, bribery and corruption.

“Already long ago, from when we sold our vote to no man, the People have abdicated our duties; for the People who once upon a time handed out military command, high civil office, legions — everything, now restrains itself and anxiously hopes for just two things: Bread and Circuses.”  –Juvenal – Satire (100 A.D.)
Roman satirist and poet Juvenal was displaying contempt for a degraded Roman citizenry that had shunned civic responsibility, shirked their duties of citizenship within a republic, and had chosen to sell their votes to feckless politicians for assurances of bread and circuses. Rather than govern according to noble principles based upon reason, striving for public policies that led to long term sustainability and benefitting the majority of citizens, politicians chose superficial displays and appeasing the masses utilizing the lowest common denominator of “free” food and bountiful spectacles, pageants, and ceremonies in order to retain power. . . .

Bread, Circuses & Bombs – Decline of the American Empire
Jack Curtis writes: Bread and Circuses: The Last Days of the American Empire

Pan et Circenses (Bread and Circuses) famously described the relationship between the Roman Emperor and his people in the decadent years of the Empire, and they seem fairly applied to America today. We have, in line with our technological advancement, upgraded (if that is the term) to food stamps (47.5 million and counting) and sports, but the broad scenario hasn’t changed.

April 18, 2016 11:04 am

The projection runs deep with these people; seems like every time they accuse us supposed deniers of something, we know what they are up to!

theBuckWheat
April 18, 2016 11:11 am

18 U.S. Code § 241 – Conspiracy against rights
If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or
If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—
They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.
https://www.law.cornell.edu/uscode/text/18/241

Steve Oregon
April 18, 2016 11:18 am

I almost yawned at this because here in Oregon it is thoroughly standard operating governance at every level. From the State down to little municipalities the rampant public deceit and conniving by public officials is expected rather than discouraged as inappropriate.
Those involved have convinced themselves that’s just how things are done nowadays. It starts with the pretense that a little dishonesty here and there is no worse than a bit of creative embellishment or cheerleading.
Once that is acceptable, the parasite of public deceit quickly flashes a green light green to limitless mendacity and colluding as needed.
Ushered along in the shadows and fog of concealment and the flexing of influences.
In short, scum bags run much of Oregon.
That’s just the way it is.

Reply to  Steve Oregon
April 18, 2016 12:29 pm

Vote with your feet. I did leaving Illinois. Two of past three governors in prison for pay to play. Worse financial situation than California and no means to fix it without amending state constitution. ‘Chicago politics’…

Joel Snider
Reply to  Steve Oregon
April 18, 2016 12:32 pm

Our current Governor in Oregon, Kate Brown (who was moved into office after John Kitzhaber was forced from office for corruption related to his girlfriend, Cylvia Hayes’, tom-foolery involving influence-peddling with green energy groups) while she was acting as Attorney General, said after being caught not destroying extra ballots on election night, said that the security of the ballots and the destruction of the ballots were ‘conflicting orders’, and that ‘we might need them later.’
Serious. Not only was that the excuse she used, but it was apparently sufficient to allow her to keep her job and eventually get appointed to Governor.
Steve’s right – Oregon government has been almost totally corrupted by single-party rule. The above example is just one example of blatant criminality that has become standard operating procedure.

April 18, 2016 11:21 am

I support the idea of an immediate suit against this shameful collection of anti-American AGs. I only worry that all the corrupted lefty judiciary will interpret the law differently than one may think. One more lefty judge in the SCOTUS and what used to be America may be gone! It was a mistake not to have P. Gleick charged and I think the good side had better take the initiative in the courts before the end-of-worlders line up more kangaroos for the judiciary.

TA
Reply to  Gary Pearse
April 18, 2016 1:47 pm

Gary Pearse
April 18, 2016 at 11:21 am wrote:
“I support the idea of an immediate suit against this shameful collection of anti-American AGs.”
I agree. A good conservative Federal Judge would go a long way towards putting these people in their proper place.
I think a suit should also be brought against U.S. government employees who have been involved in distorting the surface temperature records in an effort to make it appear that humans are influencing the climate.
The government employees should be required to supply the taxpayer-owned raw surface temperature data they used to create their current computer models, and they should be required to show their taxpayer-funded work product. All of it. Every step. All taxpayer-funded records should be made public.
For goverment employees to refuse to supply their taxpayer-funded data and methods to the taxpayers is an outrage, but that’s exactly what our government employees are doing: refusing legitimate requests from the people who employ and pay them.

Resourceguy
April 18, 2016 11:23 am

This has been standard operating procedure for at least the last seven years. For a few dollars more they will read your speech at the podium, including those speeches that attack any and all who question the Climate Con.

Reply to  Resourceguy
April 19, 2016 5:43 am

I believe that speech actually runs a little over $200K.
I’d have to check all of it with Al Gore’s and the Clinton’s records to be certain.

April 18, 2016 11:25 am

This is no noble cause stuff, this has Rockefeller stink all over it. The money flowed, the will provided, the corruption completed.

blcjr
Editor
April 18, 2016 11:28 am

While I think there is probably a civil rights violation here, I don’t get the “bombshell” reaction to “collusion” with green groups. In the abstract, what is wrong with public agents forming common ground with private interests? Seems to me just a variation on lobbying. Maybe you don’t like it, but that doesn’t make it illegal. Now if their is a way to add the green groups into any civil rights action against the AG’s to give them some grief, I’m all for that. But I am not the least bit surprised that they “colluded” with environmental action groups, nor does that concern me per se. What concerns me is abuse of power.

Reply to  blcjr
April 18, 2016 11:30 am

It’s a dirty game where no one trusts you if you are clean. In that game, honest people have no friends

John Robertson
April 18, 2016 11:30 am

Self revealed as rogues and oath breakers.
Impeach them all.
Prominent positions in a set of stocks would go a long way to improving our progressive comrades understanding of the constitution.
Classic members of the Guild of parasites these Attorney Generals and their henchmen.
Funny how they do not understand the very principles their careers depend on.

TeeWee
April 18, 2016 11:34 am

Have we now embarked on employing the Socrates standard. Those who crusade for science and truth will be forced to recant their beliefs or face the punishment.

April 18, 2016 11:34 am

“The correspondence shows government officials actively trying to hide their coordination, by using a “Common Interest Agreement.” ‘
Sounds like a really subtle way to hide coordination.

Reply to  Nick Stokes
April 18, 2016 11:47 am

It allows them to claim executive privilege under US FOIA.

kim
Reply to  ristvan
April 18, 2016 12:29 pm

Don’t look now, Nick, but the hem of your bias is showing.
==============

Dave in Canmore
Reply to  Nick Stokes
April 18, 2016 4:22 pm

“Then they came for Nick—but there was no one left to speak for him.”

April 18, 2016 11:35 am

This reminds me of the TV show “Billions”. Those who have seen it will know what I meant.

Curious George
April 18, 2016 11:36 am

United States of Attorneys. We need a major correction of the legal system.

kim
Reply to  Curious George
April 18, 2016 12:31 pm

Not blindfolded but extraorbited. One of these days, Alice, to the moon!
==============

Charlie
April 18, 2016 11:36 am

A good overview of the non-governmental side of this racket.
http://naturalgasnow.org/now-time-rockefeller-rico-lawsuit/

Mike the Morlock
April 18, 2016 11:37 am

The election for New York State Attorney General was in 2014. Noe CEI needs to find out which green groups if any contributed to his campaign.
Walker also. The Hess Oil settlement may be worth scrutinizing. If some of the settlement funds are going to Green orgs. Next see if Walker was in contact with prior to bringing on the case. Oh yeah the formal name, “Secretary of Justice of Puerto Rico” Note the governor of Puerto Rico appoints the Secretary of Justice of Puerto Rico. So it’s Alejandro García Padilla CEI may wish to take a look at. And yes he is a Democrat and surprise,, surprise he is up for reelection November 6th 2016.
The plot sickens.
michael

Steve Fraser
Reply to  Mike the Morlock
April 18, 2016 11:55 am

U.s. Virginia islands, not Puerto Rico.

Steve Fraser
Reply to  Steve Fraser
April 18, 2016 12:01 pm

Sorry for the auto-complete misspelling.

Mike the Morlock
Reply to  Mike the Morlock
April 18, 2016 1:34 pm

Sorry so many articles I confused myself. The whole thing can be overwhelming at times.
thanx for the correction.
michael

Mike the Morlock
Reply to  Mike the Morlock
April 18, 2016 1:36 pm

Please disregard the above I messed up
michael

David L. Hagen
April 18, 2016 11:42 am

Venezeula – larger scale corruption
For the consequences of larger scale “bread and circuses” corruption see Venezuela.

In 2015, Venezuela’s economy — largely dependent on the sale of oil — contracted by 5.7 percent and is expected to shrink by an additional 8 percent this year, according to the International Monetary Fund. The currency has lost 98 percent of its value on the black market since Maduro took office in 2013. Inflation is projected to rise to nearly 500 percent.
All of this has made Maduro not a very popular leader. His opponents won an overwhelming victory in legislative elections in December. But nearly every attempt by the new legislature to take the country in a new direction has been blocked by Maduro and a Supreme Court he appointed right after the elections.

G. Karst
April 18, 2016 11:52 am

Unfortunately, it would take a full rebellion to ever bring justice to these embedded socialists. There is no democracy left in the USA. Too many think that democracy consists of elections only. A corruption free civil service is also vital. Prosecution of these AGs is essential to at least give a meager impression that democracy still rules, in the land. GK

TA
Reply to  G. Karst
April 19, 2016 5:11 am

Trump just might go after these Liberal AG’s. He says he is going after Hillary with his newly appointed Attorney General. So it is not much of a stretch to go after the Liberal AG’s. After all, the Liberal AG’s are conspiring to illegally deny free speech to American citizens.
I personally hope Trump sics his new AG/and or Special Prosecutors on the entire criminal enterprise known as the Obama administration. Justice must be served, and right now there are a lot of criminals in the Obama administration getting away with their criminality.