Federal Judge: Obama White House showed "Bad Faith" in Global Warming Case

President Obama's Science Advisor John Holdren, screenshot from the Video which sparked the CEI Open Records Request

President Obama’s Science Advisor John Holdren, screenshot from the video which triggered the CEI Open Records Request

Guest essay by Eric Worrall

Washington Times reports that a Federal Judge ruled on Monday that the Obama White House showed “Bad Faith”, in how it responded to a request from the Competitive Enterprise Institute for Global Warming Data.

The White House showed “bad faith” in how it handled an open records request for global warming data, a federal court ruled Monday, issuing yet another stinging rebuke to the administration for showing a lack of transparency.

For President Obama, who vowed to run the most transparent government in U.S. history, Judge Amit P. Mehta’s ruling granting legal discovery in an open records case — the third time this year a judge has ordered discovery — is an embarrassing black eye.

In this most recent case, the Competitive Enterprise Institute was trying to force the White House office of science and technology policy to release documents backing up Director John C. Holdren’s finding that global warming was making winters colder — a claim disputed by climate scientists.

Mr. Holdren’s staffers first said they couldn’t find many documents. They then tried to hide their release by saying the documents were all internal or were similar to what was already public.

Each of those claims turned out not to be true.

“At some point, the government’s inconsistent representations about the scope and completeness of its searches must give way to the truth-seeking function of the adversarial process, including the tools available through discovery. This case has crossed that threshold,” the judge wrote.

Read more: http://www.washingtontimes.com/news/2016/may/9/obama-wh-shows-bad-faith-global-warming-case-judge/

If the evidence for dangerous global warming is so overwhelming, why did the staff of President Obama’s Science Advisor allegedly behave so badly, trying to hide documents, and trying to think up excuses not to release documents, when the Competitive Enterprise Institute requested a little background material?

It is also intriguing that the Competitive Enterprise Institute is the subject of an Attorney General subpoena so reeking of McCarthyite abuse of power, even proponents of global warming action are horrified at the blatant attack on free speech.

I haven’t located a copy of this latest ruling, but there is more information about this case from the Competitive Enterprise Institute website.

The following is the John Holdren video, the claims in which triggered this chain of events.

111 thoughts on “Federal Judge: Obama White House showed "Bad Faith" in Global Warming Case

      • The objections to the word “McCarthyite” sound very PC. Phony. Not unlike “objections” to other words.

      • Bruce,
        Eric may use McCarthyite all he wants. I have no objections whatsoever. I also have the right to say something different if I choose. All I said was that “Joe McCarthy was right. BTW” . I did not object to his use of it. OK?

    • Oh, McCarthy was definitely right about the Socialists and Communists sneaking into power and taking over our media. But he went about his mission to uncover them all wrong. Witch hunts were guaranteed to cause a backlash, especially once they started dragging people before the courts (or even before Congress) for ‘associating’ with Communists 20 or more years earlier. It would have been much better to have fought them quietly like the CIA was doing at the time.
      McCarthy was actually a lot like some of our current Climate Faithful leading politicians, like Gore or Obama. More interested in making a name for themselves and building publicity then actually dealing with their chosen problem. McCarthy was at least honest about believing in the problem.

      • Actually, I believe the hubris of Joe McCarthy pales into insignificance compared to the deliberately planned scorched earth policies of the present administration.
        Obama plans to not leave Washington DC, and fade into the sunset. He intends to somehow preside over the destruction of suburban America; out of sheer spite. It is his intent to force the export of the plagues of the inner cities (self imposed) to the suburbs, to punish those who have left the inner cities, which chose to self destruct, with unsustainable policies.
        Whether it is climate, or energy, or Obamacare, the legacy his passage through history, will be with us for a long time.

      • That was HUAC. McCarthy had nothing to do with them (he was in the Senate,, not the House).

      • Actually, if you’re interested in getting your history straight, the most egregious abuses were in the House Un-American Activities Commission, you know, the place that created the Hollywood blacklists. The House. McCarthy was a Senator and not involved.

    • His suspicions were right, but his methods did more harm than good. The entire history of the Senate Internal Security Committee and the House Committee of Unamerican Activities was a disgrace. Guilt by accusation and punishment by blacklist were the rule, and innocence was no defense.
      I’m going to quote the US Senate here.
      “Senator McCarthy’s zeal to uncover subversion and espionage led to disturbing excesses. His browbeating tactics destroyed careers of people who were not involved in the infiltration of our government. His freewheeling style caused both the Senate and the Subcommittee to revise the rules governing future investigations, and prompted the courts to act to protect the Constitutional rights of witnesses at Congressional hearings. … These hearings are a part of our national past that we can neither afford to forget nor permit to reoccur”
      Just because your goal is right does not mean that your methods are sound. Those are very different things. You can acknowledge both as true, my friends.

      • OK.
        He should have used a rifle instead of a shotgun.
        But his aim was right.
        Some use “Freedom” to suppress others’ freedom to disagree. “Government” becomes the hammer, not the the defender.

    • That McCarthy Glamour:
      In the summer of 1919 Deng Xiaoping graduated from the Chongqing School. He and 80 schoolmates travelled by ship to France (traveling steerage) to participate in the Diligent Work-Frugal Study Movement, a work-study program in which 4,001 Chinese would participate by 1927.
      The ‘Enemy’ was already there, in french, british and US universities. And did industry espionage.
      Mao Tse Dongs first man, since 1927!
      What could McCarthy find, after WW2. Other than publicity.

      • Sure. I liken McCarty’s heroic efforts to drilling a hole in a cracked windshield.
        Also,the demonizing of McCarthy after the fact is just more leftist brow beating. I like what Joe McCarthy did. So did Ronald Reagan. Socialists need to be documented, marginalized, excluded from our society, and given a large reservation where they can practice socialism on each other. Let them be socialists. On their own dime.

      • Well, documented.
        Whenever I’l find my cars windshild cracked / it’s clear where to search who dunnit / ordered it.
        Is there any other politically motivated activities you’re involved just append the list : already bookmarked.

    • I don’t want the McCarthyite thing to distract, so I’ll use a different way of describing abuse of power in future – obviously a range of opinions on that issue!

      • Hi Eric,
        Might I suggest an array of abusers of power who also inhabit the realm of advocates of Human-caused global warming?
        Nancy Pelosi abuse of power to push through the AHCA. She deserves to have a pejorative eponym.
        Bill Clinton, who was impeached, and disbarred, for perjury, after…smoking cigars with his intern, in the oval office.
        Hillary Clinton’s use of Dept of State to raise money for the Clinton Foundation from the Saudi’s…
        Clintonian…fits both huh?
        Nixonian… He started the EPA.

    • Yes, and he was very popular too. It is only 70 years of relentless lame stream slurring of him that makes “McCarthy” seem evil.

      • Some of the “Hollywood 10” survivors point out that it was the HUAC (House Un-Americal Activities Committee) that wielded the big mace – not that McCarthy wasn’t an important player. Reflect on the fact that only in 1991 did “Hollywood” finally give credit to the H10 and their compadres for their work. As we are on the advancing phase of the “are you or have you ever been a climate change denier” movement, it may take a very long time, and very many lost careers, to set things right.

  1. ……..Liberals have no shame or integrity ! They believe their lies and deceitfulness is justified by “Social Justice” !….The road to hell is paved with good intentions..

    • Marcus, I’ve been reading von Mises, Hayek, and Reisman, recently and have concluded we’re using the wrong terminology for these thugs. In ideology and behavior they are Socialists. I propose that we begin using this particular moniker to accurately identify them.

        • SRI, thanks for the information. None of the principles the Austrian school admonished for the free world to embrace have been refuted or falsified, but all the things they warned us about have indeed been proved true as well. I suppose my question now is, can a peaceful way out of the socialist-infested swamp be found?

      • J. Keith
        No they are much closer to Nazis (National Socialist) then Socialist. There is an unholy union between these people and the large corporations just like the Nazis in Germany. The only big difference is that instead of being “Nationalist” they are “Globalist”, so maybe the right term is “Glozis” or “Glosocialist”. The agenda is not economic change it is power, control and elitist domination.

    • Plase stop calling retards ‘liberal’. Many of the people whom you refer to, are regressive totalitarians who want to use big state to control you. Really, not ‘big oil’ or something, but you and everybody they disagree with. Regressive totalitarians are not liberal, even if they happened to accept some ideas opposed by many conservatives like gay marriage or enforced vegetarianism.
      By the way, marriage is itself a conservative idea, so gay marriage is a kind of oxymoron. Not that I’d oppose people’s right to live the life they want. I’m liberal after all.

      • Hugs says: May 10, 2016 at 6:43 am
        Plase stop calling retards ‘liberal’.

        Amen. It isn’t even clear to me what ‘liberal’ means any more. For some folks it seems to be a synonym for ‘communist’. For others it indicates laissez faire economics.
        Maybe someone whose memory is better than mine can correct me on the following. It seems to me that Ronald Reagan and his cronies helped to turn ‘liberal’ into a four letter word, all the while promoting neo-liberal economics. Is that ironic, or what?

      • Liberal professors have said they are terrified of today’s liberal students, they said they cant teach without setting one of these crackpots off, check out these yale safe space bed wetters, especially the aggressive shouting freak of a girl at the end, telling him education is not priority but creating a “home” for them should be prioity

    • “The road to hell is paved with good intentions.”
      Not the Leftists’ road to hell. They have no good intentions (at least not for the rest of us). All they care about is power – their OWN.

  2. How unusual that a politician comes to power making claims to be the most transparent ever and promptly sets about hiding everything it can.

    • Not unusual for Democrats. Remember Bill Clinton said he would run the most honest administration in history. Then came Vince Foster’s mysterious death, Craig Livingstone (whom nobody would admit to hiring) and the 500 (or 700, or 900) FBI files of top Republicans given to the administration (to be used for blackmail), secret health care negotiations, the largest ever tax increase (retroactive!), Jamie Gorelick’s wall to keep the CIA from talking to the FBI and alerting them to massive illegal Chinese contributions, convicted of perjury regarding Monica Lewinsky, impeached,and the admiring press anointing Bill Clinton as the “best liar ever”, the champion of mendacity. We could all go on for another 10,000 words.
      Obama had a high bar to follow, but he has managed to exceed even it.
      Now comes Hillary. God save us.

  3. If the evidence for dangerous global warming is so overwhelming, why did the staff of President Obama’s Science Advisor allegedly behave so badly, trying to hide documents

    That quote pretty much hits the nail on the head. Why do all these “adjustments, ” witch-hunts, smear campaigns, hide the decline statistics if the facts are on your side? The guilty flee when no one pursues. Their actions expose their guilt.

    • My little motto in this respect is ‘When they start telling the truth I will start believing them’. Hasn’t happened yet.

  4. This behavior mirrors the Administration’s National Climate Assessment where they doctored graphs in peer-reviewed papers to make them look more alarming, and invented meaningless statistics that would call a drizzle in a desert an “extreme” rainfall event just because it comprised a significant part of the location’s annual rainfall.

    • Can’t say I am familiar with “Good Faith” but as a local to the area I do know the nearby towns of “Bird in Hand”, “Paradise” and “Blue Ball” 🙂 (not making this up – these are real)

      • Absolutely true. Actually, that’s only a partial list. We also have wonderful names like Elation and Intercourse. And they’re all in the vicinity of “West Hempfield Township,” too. And, yes, it was named precisely because of what it sounds like. Pennsyltucky is an interesting place sometimes, but quite a beautiful Commonwealth from this outdoorsman’s perspective.

  5. It works especially well with a complicit media such as ABC CBS NBC CNN and papers like the NYT, etc
    [ABCNNBCBS saves pixtels. Makes the screen easier to recycle when the web page reloads. .mod]

  6. What makes this even more interesting is the fact that Judge Mehta was appointed by Obama. It’s getting so wretched in the WH that Obamacrats can’t hide behind a sympathetic judiciary.

  7. “…[socialism] touches people at every step, but it does so with its ideological
    gloves on. This is why life in the system is so thoroughly permeated with
    hypocrisy and lies: government by bureaucracy is called popular government;
    the working class is enslaved in the name of the work ing class; the
    complete degradation of the individual is presented as his ultimate
    liberation; depriving people of information is called making it available;
    the use of power to manipulate is called the public control of power, and
    the arbitrary abuse of power is called observing the legal code; the
    repression of culture is called its development; the expansion of imperial
    influence is presented as support for the oppressed; the lack of free
    expression becomes the highest form of freedom; farcical elections become
    the highest form of democracy; banning independent thought becomes the most
    scientific of world views; military occupation becomes fraternal assistance.
    Because the regime is captive to its own lies, it must falsify everything.
    It falsifies the past. It falsifies the present, and it falsifies the
    future. It falsifies statistics. It pretends not to possess an omnipotent
    and unprincipled police apparatus. It pretends to respect human rights. It
    pretends to persecute no one. It pretends to fear nothing. It pretends to
    pretend nothing.
    “Individuals need not believe all these mystifications, but they must behave
    as though they did, or they must at least tolerate them in silence, or get
    along well with those who work with them. For this reason, however, they
    must live within a lie. They need not accept the lie. It is enough for them
    to have accepted their life with it and in it. For by this very fact,
    individuals confirm the system, fulfill the system, make the system, are the
    Václav Havel: The Power of the Powerless

    • “War is Peace, Freedom is Slavery, Ignorance is Strength”, Ministry of Truth, 1984, George Orwell.

    • And with our two-party system, “government of the people, by the people, for the people” is anything but. In fact, Lincoln was a flagrant violator of the Constitution.

    • I guess it depends what you mean by socialism. Most Americans want Medicare extended to everyone. Most people want the continuation of public schools, but w local rule of them. Nobody wants what George Soros says is the globalist intended “socialism” in which we own nothing, not even our thoughts– Agenda 21. You know that Agenda 2030 that was just signed calls for instituting Agenda 21 by 2030, right? https://www.youtube.com/watch?v=o3NbhgZUZQo

  8. Lies, more lies and they “lost” the damn statistics? (My apologies to Mark Twain)

      • Unlikely that it will ever be tracked down. The earliest version of it was probably in a tavern frequented by English jurists – then, it was something like “There are common liars, damned liars, and then expert witnesses.”
        The point being that “expert” witnesses (like statisticians) are very difficult to pin with a perjury. They can state things that are false to fact, even on the witness stand under oath, and call them their expert opinion.
        (Nearly) all of the climate fraudsters use mathematically valid transformations on their data – transformations that are chosen very carefully to get the desired result. Mathematics is a tool that is quite akin to fire – a handy servant and a dangerous master.
        (By the way, the attribution of the fire quote is just as difficult – it actually is not in any written text from the time recording the farewell address by George Washington…)

  9. What I find frustrating is that there seems to be no legal sanction against this type of behavior. The DoJ lies to a federal judge and they don’t even get a slap on the wrist. Should someone at least face disbarment for lying under oath?

    • Harper wasn’t buddy-buddy with the press, so they hated him even more than they had already planned to.

      • Global warming causes everything, Marcus – heat, cold, drought, flooding, disease, war, and bigger but much weaker plants. Just choose the peer reviewed paper to prove your case. There are literally thousands of them.

    • You can (and probably should) disagree with this conclusion. It makes no sense. However, I have to agree with FJ that it would have been far simpler to drudge up a few supporting papers (you can find support for practically anything) and produce it.
      Even if your case is weak, it will be better than trying to strongarm out of replying at all. It just ticks off the judiciary, and now they have legitimate complaints of perjury.

      • They are practiced liars and that is always their first line of defense, no records.
        Look at the IRS, the Benghazi video,Missing e mails, etc

  10. On a related note, the IT manager at the state dept who was in charge of Hillary’s e-mail account while she was secretary, apparently didn’t send a single e-mail the whole time she was secretary of state.
    Or at least that’s what the State Dept is saying in response to an FOIA request.

    • the latest is that all the emails disappeared. Just “POOF!” gone…..like a fart in the wind.
      Why do I think there has been or will be some midnight scrambles to back-up locations for retrieval and some electronic shredding going on? UGH.
      Maybe the FBI should hire some of their hackers to go search the mysterious interwebs because apparently a guy in charge of IT can’t figure it out….seriously(?!) If they paid out $1.3 million to clone an iPhone, I’m sure they can come up with some pocket money to retrieve emails off a server backup.

      • Sounds like we need to dig up McCarthy and start the Senate Permanent Committee on Investigations meetings again. Remembering of course that the Senate committee that Joe ran was the one that harangued government people, focusing especially on White House staffers and State Department people. The stupid hearings on Hollywood and public citizens were conducted by the House Select Committee on Un-American Activities (though to be fair to his detractors, McCarthy never distanced himself from those either). It is amazing that when the Soviets opened the KGB files that it was shown that he was only wrong in a few occasions. It is especially interesting that the hearing that was his downfall (the famous “have you no sense of decency” line) was over a correct association of an attorney with a KGB front group, but that was unimportant as he was seen to have overstepped decorum and the press finally had their moment to shut him up. Too bad he had been dead for thirty years when his vindication came from the fall of the Soviet Union.

      • So the guy in charge of making sure that everybody else’s e-mails were backed up, couldn’t figure out how to back up his own?
        How convenient.

  11. Since there is no penalty for operating in “bad faith” if you work for the Federal Government, why would anyone ever cooperate with FOIA or disclosure rulings? Did I miss an incidence of someone being actually penalized for operating in bad faith or failure to comply with FOIA?

  12. Gruber famously said they lied repeatedly about Obamacare, Ben Rhodes told the New York Times they lied about the Iran nuclear deal. Now it looks like Holdren may be lying that global warming in order to ram through energy and environmental policy preferences.
    A pattern of lying in order to get polices they want is a feature of this administration. And they have never paid a political price for any of it. The Republican response is to nominate its very own egomaniacal, lying, insulting, authoritarian braggart for president. Why anybody thinks the world should adopt our system of government baffles me.

    • I don’t think you understand. It is not “our system of government” that causes the problems you describe. There is nothing inherently wrong with our “system,” meaning our Declaration of Independence or our Constitution. The problem is human nature. Jefferson said that the natural course of things is for liberty to yield and for tyranny to gain ground. No system will work without eternal vigilance. If people were perfect, then any system would work, or no system at all. Since they are not perfect, what was done was to use the common law of England as a basis for the best system possible.
      Since 250 or so years have passed, we have allowed our system to be eroded, weakened, and disregarded. The results were predicted 250 years ago. The problem isn’t the system; it’s that we the people are not keeping things in line.

  13. I have sent out that particular link/video of John Holdren’s explanation of the Polar Vortex out to various associates……..must be close to 100 times. This was the same feature that caused our extreme cold in the same region for the same reason when it was there in the 1970’s.
    Nothing but damage control propaganda by the White House.
    During that extremely cold Winter(2013/14) the United States used more natural gas for residential heating than during any other previous heating season……..by a very wide margin.
    I doubt that too many folks, after they got a look at their massive heating bills, thought: “dang global warming is costing me a fortune to heat this house!”
    Again, this was mostly weather, not climate but we should note that it’s the weather over a very lengthy period, that climate is based on. This includes averages and extremes, including Polar Vortex intrusions on rare occasions.

  14. “At some point, the government’s inconsistent representations about the scope and completeness of its searches must give way to the truth-seeking function of the adversarial process, including the tools available through discovery. This case has crossed that threshold,” the judge wrote.

    That “some point” only arrives after tangible penalties are imposed for acting in bad faith. A contempt citation for example.

  15. {bold emphasis mine, JMW}
    Washington Times reported,
    ” “At some point, the government’s inconsistent representations about the scope and completeness of its searches must give way to the truth-seeking function of the adversarial process, including the tools available through discovery. This case has crossed that threshold,” the judge wrote. ”

    The government lied and I see no reason why the judge characterized the government’s lies as “inconsistent representations about the scope and completeness of its searches” unless the judge wanted to avoid stating the truth that the government’s official statements were lies.
    Come on judge, use better judgment and state the truth .

    • John,
      It may seem as if the judge is fresh from the State Dept., but in the language of upper level professionals, the judge clearly highlighted the administration’s dishonesty.
      Keep an eye on that judge. His words are less than favorable to that bunch of little petty tyrants on whom his ruling falls and who have not risen above it all and who are therefore, likely to retaliate.

      • Alan Robertson on May 10, 2016 at 1:57 pm
        – – – – – –
        Alan Robertson,
        As it turns out your assessment is correct about the judge being clearly assertive on the WH’s significant dishonesty. I realized that when I read the below comment of ‘Science or Fiction on May 10, 2016 at 3:13 pm’

  16. Judicial opinion does not stand a chance against steamroller policy reach and steamroller science manipulation. It’s about as unbalanced as the guy in Tiananmen Square facing off with the tank.

  17. Let’s keep this in perspective. If there are any “advocates” on this web site for this administration, would you please give us examples where this administration has NOT lied about any issue.
    ANY issue.
    What amazes me is how blatantly they lie. They assume their base has no problems with transparent lying. They assume that the watch dog media is not going to cause problems. They act like totalitarians.

    • Their attitude is “what difference does it make”. with a complicit media which sells all the administration’s ideas, including a horrible Iran deal and an attorney General who cares only about politicics not about the law there are no consequences.

  18. The following is from the introduction of the court ruling:
    “A familiar refrain in Freedom of Information Act cases is that “discovery is rare.” That maxim derives from the principle that trial courts are to accord a presumption of good faith to agency affidavits that are relatively detailed and nonconclusory. Such affidavits cannot be rebutted by purely speculative claims about the existence or discoverability of other records. … Based on those principles, this court initially denied Plaintiff Competitive Enterprise Institute’s request for discovery… But, as it turns out, this is the rare case where discovery is warranted. “Discovery should be permitted [in a FOIA case] . . . when a plaintiff raises a sufficient question as to the agency’s good faith in processing documents in response to a FOIA request. See ..(“Where there is evidence of government wrong-doing and bad faith . . . limited discovery is appropriate.”).
    Such a sufficient question exists here. Defendant Office of Science and Technology Policy’s (OSTP) representations in this case about the scope and completeness of its searches have been, to say the least, inconsistent. Those inconsistencies have created a real question in the court’s mind—sufficient to warrant limited discovery—about Defendant’s good faith in processing Plaintiff’s FOIA request. The court, therefore, modifies its Memorandum Opinion of February 10, 2016, and grants Plaintiff’s motion for discovery.”
    (The Office of Science and Technology Policy (OSTP) is a department of the United States government, part of the Executive Office of the President (EOP), established by United States Congress on May 11, 1976, with a broad mandate to advise the President on the effects of science and technology on domestic and international affairs. The director of this office is colloquially known as the President’s Science Advisor. Dr. John Holdren, Director, nominated in December 2008, serves as Science Advisor to President Barack Obama. Holdren also co-chairs the President’s Committee of Advisors on Science and Technology (PCAST) and supports the President’s National Science and Technology Council (NSTC).- Wikipedia)
    I hate to say this, but somebody have to. It may seem like your government is corrupt – while maybe not for money – then probably for personal gain – or for a noble cause, the result is the same.
    A signature promise of President Obama was to run the “most transparent” administration in U.S. history. His pledge to create an “unprecedented level of openness” still stands proudly at the top of the White House’s opengovernment Web page.
    It is a great disappointment, but President Obama has failed – and more than that – in his own front yard.

    • Science or Fiction on May 10, 2016 at 3:13 pm
      – – – – – – – –
      Science or Fiction,
      I cited your comment above in my comment @ John Whitman on May 10, 2016 at 7:53 pm
      I appreciate your quoting the judge’s introduction to his court ruling.

  19. ..The sound of hard drives spontaneously exploding echos throughout the city of Washington !

  20. This was a gentle slap on the wrist for an offence that would have probably had a similar one by anti greens imprisoned without even a semblance of a fair trial.

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