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.

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May 10, 2016 10:08 am

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.

May 10, 2016 10:49 am

“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.

Resourceguy
Reply to  Alan Watt, Climate Denialist Level 7
May 10, 2016 12:01 pm

Yes, thanks. Stalling tactics are very real in this administration and party method.

Resourceguy
May 10, 2016 12:09 pm

Bad faith in science? There should be an ignoble award for that.

John Whitman
May 10, 2016 12:24 pm

{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

Alan Robertson
Reply to  John Whitman
May 10, 2016 1:57 pm

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.

John Whitman
Reply to  Alan Robertson
May 10, 2016 7:53 pm

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’
John

Science or Fiction
Reply to  Alan Robertson
May 10, 2016 9:59 pm

As we see the demise of integrity even among the Attorney Generals, it is good to see that there still are a few good men left. The judge seem to be a good man.

Resourceguy
May 10, 2016 1:35 pm

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.

TA
Reply to  Resourceguy
May 10, 2016 4:06 pm

Don’t underestimate the power of a U.S. Federal Judge.

May 10, 2016 2:20 pm

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.

Catcracking
Reply to  joel
May 10, 2016 3:13 pm

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.

Science or Fiction
May 10, 2016 3:13 pm

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.

John Whitman
Reply to  Science or Fiction
May 10, 2016 8:16 pm

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.
John

Marcus
May 10, 2016 3:44 pm

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

co2islife
May 10, 2016 6:27 pm

Covering up the data and avoiding debates and discussion on this topic is nothing new for the Left: https://youtu.be/QowL2BiGK7o?t=50m53s

Richard Thal
May 10, 2016 6:31 pm

When injustice becomes law, resistance becomes duty.
Thomas Jefferson

David Cage
May 12, 2016 9:11 am

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.