BREAKING: #RICO20 Edward Maibach tries 'emergency stay' to retroactively pull Shukla/George Mason University emails from view

ed-maibach

People send me stuff. It seems that one of the two main ringleaders of the RICO20 is trying some legal wrangling this morning to head off disclosure of more documents.

The legal filings (in links below) show that this morning legal council for Ed Maibach rushed to Richmond court seeking an emergency stay of the GMU production of everything RICO20 related – including what was already released, and which new material was supposed to be released today under court order. I’m told that defying that court order, the VA Attorney General/GMU general counsel just now refused to produce the records owed to CEI, citing the fact that Maibach doesn’t want him to comply with the court order, per a filing which…admits there is a court order for him to produce these records.

I’m told CEI will prepare a motion today to compel GMU to comply with the court and seek fees/sanctions as appropriate. What has already been made public due to the court dissolving the protective order is and will remain public, because the Internet never, ever, forgets.

It seems very odd that this rush for ’emergency stay’ should come now given the horse has already left the barn with the first tranche of emails. Obviously, Maibach is panicked, there must really be some damning stuff in the emails and documents he’s trying to prevent being released today.

Public court documents (PDF):

2016 05 23 Exhibit for Maibach Motion for Stay

2016 05 23 Exhibits for Maibach Motion to Intervene (incl Affidavit)

2016 05 23 Maibach motion to intervene MEMO

2016 05 23 Maibach motion to intervene

2016 05 23 Maibach motion to stay

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Don
May 23, 2016 10:14 am

Giddyup!

May 23, 2016 10:14 am

From the cradle of American liberty comes this.

D A
Reply to  jamesbbkk
May 23, 2016 10:48 am

GMU Econ Alumni… definitely embarrassed by this whole charade.

Santa Baby
Reply to  D A
May 23, 2016 11:36 am

This is modern Marxism, cultural marxism or NeoMarxism in play?

MarkW
Reply to  D A
May 23, 2016 12:12 pm

Yes

schitzree
Reply to  D A
May 24, 2016 4:58 am

I’ve read Marx, and while I doubt he really understood human nature and how it would inevitably derail his utopian ideas I can honestly say I think he’d be appalled at the sh*t people have pulled in his name.

Glenn Schwesinger
Reply to  D A
May 24, 2016 9:10 am

schitzree, Marx did indeed understand human nature in a sociopathic manner. He is considered the father of 20th century European political genocide. Basically, he wrote that those who could not or would not comply to the socialist revolution were to be exterminated: https://youtu.be/XO6-nuk0UhA?t=14m17s (14:17 to 16:50). Marxist communism is an entirely anti human ideology which is likely why you could see the disconnect regarding Marx’s base understanding of human nature.

DougUK
May 23, 2016 10:15 am

This is good news – it is always the “cover-up” that gets the perpetrators by the gonads.
As the article says – there must be something in that audit trail which is really “juicy”
Go for it!

TRM
Reply to  DougUK
May 23, 2016 2:18 pm

More popcorn please. This could be climategate all over again. Ah, climate fanatics. The gift that keeps on giving 🙂

May 23, 2016 10:19 am

The sound of hard drives crashing. Now where did I put that flash drive? Well, I sent it. What! You never got it? We don’t have backups. I think that information was deemed unimportant and deleted.

sean2829
Reply to  rishrac
May 23, 2016 10:26 am

You must have been a computer consultant for Hillary.

ShrNfr
Reply to  sean2829
May 23, 2016 10:35 am

IRS probably.

Reply to  rishrac
May 23, 2016 12:25 pm

After seeing all the hijinks and shenanigans pulled surrounding the evasion of FOIA requests of Emails in publicly funded organizations, it leads me to believe that all organizations should be required to have a Email Archival appliance, professionally administered by personnel not in the chain of command of the organization they are archiving; and using a personal Email Account for publicly funded business, that does nor CC the Official Email server should be a felony.

Phil
Reply to  Paul Jackson
May 23, 2016 5:01 pm

Yes!!! Wonderful idea.

E.M.Smith
Editor
Reply to  Paul Jackson
May 23, 2016 7:44 pm

Network Appliace sells these. I’ve installed them for companies seeking Sarbox compliance (where failure to preserve email can result in CEO and I.T. Officer jail time even if not “their fault”…)
SOP in the corporate world. Anyone know if Sarbanes Oxley can be applied to universities? At least the private ones could be classed as a private business…

Reply to  Paul Jackson
May 24, 2016 7:14 am

I like that idea.
+

Odin2
May 23, 2016 10:22 am

There must be trying to hide the motherload.

Odin2
Reply to  Odin2
May 23, 2016 10:23 am

They ..

ShrNfr
Reply to  Odin2
May 23, 2016 10:36 am

There, there, we all make mistakes sometimes.

Reply to  Odin2
May 23, 2016 10:36 am

And contrasting that collection of “they” (ClimateGate and then EPA emails with so much ███████████████ stuff redacted that it would make NSA & CIA agents proud), I’m wondering if there has been a single instance of any skeptic folks fighting with that much force to avoid releasing FOIA-requested information.

Reply to  Odin2
May 23, 2016 12:21 pm

How about lode?

Jan Christoffersen
Reply to  Odin2
May 23, 2016 10:58 am

“Mother lode” not “motherload”. It’s a mining term.

ClimateOtter
Reply to  Jan Christoffersen
May 23, 2016 11:06 am

Which leads to another question: ‘motherboard’ or ‘mother bored’? 😉

MarkW
Reply to  Jan Christoffersen
May 23, 2016 12:41 pm

Why motherboard and daughterboard and not fatherboard or sonboard?
Are electrical engineers sexist?

MarkW
Reply to  Jan Christoffersen
May 23, 2016 12:42 pm

BTW, I’ve worked with quite a few daughterboards. Some of them are lot harder to handle than others.

Alan Robertson
Reply to  Jan Christoffersen
May 23, 2016 1:27 pm

Are EEs sexist? Not sure if sexist is the right term. These are the guys that brought you “floppy” and “hard” drives.
Etc.

William Grubel
Reply to  Jan Christoffersen
May 23, 2016 1:28 pm

No, this is clearly a load. And we all know what happens when baby loads his diapers. Of course that doesn’t stink nearly so much as this clown show.

Odin2
Reply to  Jan Christoffersen
May 23, 2016 2:02 pm

motherload
English
Etymology
A play on mother lode.
Noun[edit]
motherload ‎(plural motherloads)
A very large amount of something valuable.

charles nelson
Reply to  Jan Christoffersen
May 23, 2016 3:09 pm

I think you’ll find Odin2 is rite.

David Jay
Reply to  Jan Christoffersen
May 24, 2016 9:09 am

So we’ll grant him passage?

MarkW
Reply to  Jan Christoffersen
May 24, 2016 9:58 am

Would that be fare?

May 23, 2016 10:26 am

What a fool that man is.
In para 25 of the 4th document, motion to intervene, it says:
“Dr. Maibach asserts that his email correspondence regarding the September 1 Letter is of
a personal nature, as it does not relate to his GMU research or teaching work.”
Yet according to his own web page,
“His research currently focuses exclusively on how to mobilize populations to adopt behaviors and support public policies that reduce greenhouse gas emissions and help communities adapt to the unavoidable consequences of climate change.”
So the letter is, obviously, related to his research.

Santa Baby
Reply to  Paul Matthews
May 23, 2016 11:52 am

This is the new politicized Marxist “science”.

rokshox
Reply to  Paul Matthews
May 23, 2016 11:54 am

I hope Chris Horner or counsel at CEI see this comment.

Reply to  Paul Matthews
May 23, 2016 12:54 pm

The comment wrt his own research is important and someone should make sure CEI knows this!

LBGTXYZ
Reply to  Paul Matthews
May 23, 2016 2:21 pm

“His research currently focuses exclusively on how to mobilize populations to adopt behaviors and support public policies that reduce greenhouse gas emissions and help communities adapt to the unavoidable consequences of climate change.”
Significant find Paul, nice one.
Just wondering why, if the consequences of climate change are unavoidable, he is trying get everyone to reduce greenhouse gas emissions … to avoid causing climate to change.

arthur4563
May 23, 2016 10:26 am

Descendents of George Mason should sue to force the University for besmirching Mason’s reputation as
a champion of our Bill of Rights and indivdual freedoms.

ossqss
May 23, 2016 10:28 am

Sorry, no mulligans allowed!
Time to pay the piper for your bad behavior.
You can bet there is significant exposure coming via those emails. Upon reading the motions, he is indeed in a panic and severely groveling to the court.
Maiback, along with others, can smell the napalm coming!

Steve Fraser
Reply to  ossqss
May 23, 2016 10:34 am

Yep! Cause:effect. Hit the ball out-of-bounds:’Take Them penalty.

May 23, 2016 10:28 am

Edward Maibach is a widely recognized expert in public health and climate change communication

One has to wonder why climate change requires a communication expert. Perhaps the facts theories aren’t convincing many members of the public? So they need propaganda instead. Who’d have thought it?

Reply to  Smart Rock
May 23, 2016 10:31 am

His sequence of blunders over the RICO letter show that he’s anything but an “expert” in climate communication.

PiperPaul
Reply to  Paul Matthews
May 23, 2016 12:12 pm

The standard for competence doesn’t have to be very high when the mainstream media just amplifies everything you say and never asks any questions beyond, “Just how terrible is it going to get, anyway?” and “Explain why climate skeptics are evil”.

TRM
Reply to  Paul Matthews
May 23, 2016 2:23 pm

Unless he was working for us all along. Makes sense given the blunders. Sort of like Hitler working for Stalin theory. From one angle ya just gotta wonder how someone could make so many blunders.

David Smith
Reply to  Smart Rock
May 23, 2016 11:19 am

Is anybody employed as a communication expert for gravity? Nope, thought not.
It’s only the really shonky hypotheses that need to be constantly sold to an unconvinced public.

H.R.
Reply to  David Smith
May 23, 2016 11:41 am

David Smith wrote:“Is anybody employed as a communication expert for gravity?”
Nope. But if there is ever an job opportunity for the position, I’ll be first in line to apply.
I carry around a small demonstration of the effects of gravity on my mid-section and can demonstrate how suspenders (braces) can be used to counter the effects of gravity on my trousers. I’m a walking science display!
And I promise not to go after “gravity d3n!ers” using the full force of the government. Any of my emails (except the ones discussing how much money I’m raking off the top) will be freely available to the public.

Reply to  H.R.
May 23, 2016 5:49 pm

Is it possible to isolate the effects of gravity from the effects of the beer?

John Harmsworth
Reply to  David Smith
May 23, 2016 12:53 pm

I think Wile E Coyote does some pro bono work on that file!

bit chilly
Reply to  David Smith
May 23, 2016 1:47 pm

h.r. that is the funniest thing i have read today :). i think the very fact that non job exists says a lot about modern day universities.

Bryan A
Reply to  David Smith
May 24, 2016 12:25 pm

jamesbbkk
May 23, 2016 at 5:49 pm
Is it possible to isolate the effects of gravity from the effects of the beer?
======================================================
2 WORDS
Light Beer

PiperPaul
Reply to  Smart Rock
May 23, 2016 12:10 pm

Pretty soon they’ll be called ‘evangelists’ (as is the case in some software companies). Yes, “evangelists”. I know, pretty bad.

Tim Hammond
Reply to  Smart Rock
May 24, 2016 1:58 am

More to the point, why is this a discipline at a university?

Resourceguy
May 23, 2016 10:30 am

The greater the desperation, the greater the prize.

empire sentry
Reply to  Resourceguy
May 23, 2016 11:05 am

Very true!
It all has the smell and feel of Mann… demand the force of the government gun but then are surprised when they must cough up their stuff.
Hoist on their own petard has real meaning.

Bryan A
Reply to  empire sentry
May 24, 2016 12:27 pm

Would that be Jean-Luc Petard?

May 23, 2016 10:31 am

May want to retype ‘council’ in first line of second paragraph to ‘counsel’–the word for lawyer.

Dodgy Geezer
May 23, 2016 10:34 am

If these claims are later found to be without foundation, can they be done for perjury or contempt of court?

George Tetley
May 23, 2016 10:35 am

The re-birth of Perry Mason ?

MarkW
May 23, 2016 10:36 am

“Dr. Maibach asserts that his email correspondence regarding the September 1 Letter is of
a personal nature, as it does not relate to his GMU research or teaching work.”
Such claims should have been brought up when the FOIA request was first made.
To make such motions at this late date is highly dubious.

Reply to  MarkW
May 23, 2016 11:27 am

He did. The court already rejected it in releasing the first batch.

MarkW
Reply to  ristvan
May 23, 2016 12:06 pm

Sounds to me like he’s risking contempt of court to re-submit a motion that was already rejected.

Reply to  MarkW
May 23, 2016 12:41 pm

He did bring that up, twice. He, in fact, wrote a formal refusal to provide documents based on his assertion that GMU didn’t pay him to write the letter. That it was on his own personal time and dime, and therefore, he should not have to respond to the FOIA request.

May 23, 2016 10:41 am
csanborn
Reply to  Infamy
May 23, 2016 12:18 pm

From the syllabus, it looks like the course could equally be named: “Effective Disinformation And Subterfuge”. Billary, et. al. must have attended this one.

Reply to  Infamy
May 23, 2016 12:28 pm

Infamy,
Wow, a 15-page syllabus including a detailed description of all twelve of his lectures on climate change propaganda, and not one reference or topic (at least that I saw) on the science or evidence for or background of “climate change.”

MarkW
Reply to  Phil R
May 23, 2016 12:43 pm

It’s a course about propaganda. Talking about the science would just get in the way.

Reply to  Infamy
May 23, 2016 12:30 pm

Lecture 1: Course overview
Lecture 2: The strategic communication (and social marketing) planning process.
Jumps feet first into the deep end of propaganda.

Reply to  Phil R
May 23, 2016 1:03 pm

Ceres.org, also mentioned in Lecture 3 is the NGO that has specifically been after Exxon since 1989.
The premise of their entire existence is “how to make trillions” off climate change.
Coincidentally, Al Gore (who also stood with the 17 AGs at the podium) will be speaking at a $1,200/plate gala for Ceres this week: http://www.aneveningwithceres.org/

rw
Reply to  Infamy
May 25, 2016 10:46 am

I think you guys are missing the point. Simply labelling this as propaganda or disinformation doesn’t do justice to what’s going on here. Believe me, you’re peering into an alternate universe, a kind of ontological funhouse mirror. These people are deeply serious – (note the overall tone: “This is a rigorous course.” “students are expected to … read extensively, think broadly about what they have read” etc.), even if their behavior belies their veracity – which of course makes the whole thing even more interesting.

601nan
May 23, 2016 10:47 am

(y) Ho Ho. Their feet are on fire! “Chariots of Fire”. Haha

Doug Bunge
May 23, 2016 10:49 am

I didn’t see anything particularly damning in the first set of e-mails. If there is some stuff they don’t want released, now would be a good time to try and pump the brakes because all of the people on their side will report, for years to come, that there wasn’t anything going on.

Ben of Houston
Reply to  Doug Bunge
May 23, 2016 11:55 am

Nor did I. It was very much a bunch of e-mails showing the people who we knew were talking were talking. It just confirmed our suspicions that everything was linked in a single group (I don’t want to use the term conspiracy, though it actually would be appropriate).
The surprising this was that it also showed that a number of people in the alarmist realm recoiled at such a prosecution. Clearly this was over the line for a number of people as it is willful violation of the first amendment.
This would be useful information in a prosecution, invalidating a “I didn’t know it was illegal” defense or any claim that people acted as standalones. However, it simply confirmed our suspicions on all counts. It didn’t do anything surprising.

Tim Hammond
Reply to  Ben of Houston
May 24, 2016 2:03 am

I hate to sound like a conspiracy nut, but it is possible that people are learning what to put in an email and what not to. And what conversations should be had in person rather on record.
Given the increased surveillance by regulators of the City and Wall Street for example, most emails and telephone calls (which are now recorded) consist of little more than bland chatter and admonishments not to do things. Strangely “the things” then happen anyway….

crystalofjedh
May 23, 2016 10:52 am

The RICO idiots forget about the idea of people living in glass houses shouldn’t throw rocks. It is gratifying to see they aren’t terribly smart.

Resourceguy
May 23, 2016 10:55 am

Reputation risk has them squirming. Others can just fly off to India, but this one is exposed.

Steve Fraser
May 23, 2016 10:57 am

Maibach had an ‘aha!’ Moment, realizing that GMU was about to issue a bunch of stuff. I bet his lawyer said.. Not only do YOU not want this, but the other 19 don’t want it either.

Resourceguy
May 23, 2016 11:04 am

Contents of the emails likely go against these claims on the GMU website. Fraudulent fundraisers have the same problem when doing the opposite of their noble claims.
“Center for Climate Change Communication
The Center’s mission is to conduct unbiased public engagement research – and to help government agencies, non-profit organizations, and companies apply the results of this research – to collectively stabilize the planet’s life-sustaining climate.”

Charlie
Reply to  Resourceguy
May 23, 2016 11:46 am

“The Center’s mission is to conduct unbiased public engagement research”
Unbiased, yeah right. But if he had stuck to that rather than calling for RICO on people’s heads, he wouldn’t be in the position he’s in now.
Interestingly, he cites the withdrawal of USVI’s RICO subpoena against CEI as a reason CEI should no longer get his e-mails. Any co-ordination going on here?

Reply to  Charlie
May 23, 2016 11:59 am

No. His lawyers are throwing everything at the wall in the hope something will stick. His previous pleadings already pretty much his motion to stay here and motion to intervene via VSC. See comment below.

Dave Kelly
Reply to  Resourceguy
May 23, 2016 7:30 pm

The hypocrisy of Maibach & Shikla’s so called “unbiased public engagement research” efforts came to my mind when I read the E-mail from Shukla to Maibach entitled “Re. Letter To Senator Sheldon Whitehouse” dated July 25, 2015 9:38 AM. Where Shukla states:
“BTW, my student assistant ____ _____ who has worked with your group is available to help us. He is a dedicated activist.” (Note: I removed the students name to protect his privacy, since, there is no indication that the student was actually involved… and, well, we all did a few stupid things in college)
Apparently, being a “dedicated activist” is significant academic credential in helping along GMU’s publicly funded partisan propaganda.. err “unbiased public engagement research”… to naturally be re-characterized as “personal activities” if a FOIA request is involved.
I also found it amusing to read in Dr. Maibach’s motion for a stay he feels he would:
“…. will suffer irreparable harm to his business, reputational, and other interests because Mr. Horner and CEI will have gained unfettered access to, including ability to widely publish, Dr. Maibach’s thoughts, ideas, discussions of personal matters, and scholarly materials.”
If Dr. Maibach’s “thoughts and ideas” had any scholarly substance he would hardly suffer irreparable harm to his business, reputation, and other interest. Indeed his problem seems to be that those very thoughts and ideas are likely judged on their merits… and found to be lacking.

Tim Hammond
Reply to  Dave Kelly
May 24, 2016 2:05 am

I can just about understand the business bit, as maybe a bunch of ideas and arguments are unpublished or proprietary.
But his reputation?
Surely that means there’s some stuff that would make us think less of him?

Alec aka Daffy Duck
May 23, 2016 11:27 am

Wow! George Mason was going to do the document dump… GMU was not going to back them!

Resourceguy
Reply to  Alec aka Daffy Duck
May 23, 2016 11:46 am

Evidently, these low level (funded) pranksters don’t have the power rating of Hillary or Lois Lerner at IRS. If they did, their email releases would be trickled out and heavily redacted if they said anything significant. Or they would be erased on all backup systems in the case of IRS, with no apologies.

Amber
May 23, 2016 11:44 am

The thread that leads to the unraveling of one of the biggest con jobs in history and they want to make sure it can’t get pulled . The huff and puffies of the oh so scary global warming industries are are now finally going to get dragged into court . The arrogance of people silencers and so called educated people is staggering . Will the universities pick up their $$ tab or were they on their own time ? How ironic Universities preach free speech yet have professors trying to target those that don’t agree with their view . University E mail addresses used then switched suggests the Universities were not aware but only the release of the E mail trail will confirm what they were up to .

May 23, 2016 11:50 am

This puts me in mind of scene in the movie “And Justice for All”. A lawyer in court is rambling away, making motion after motion. Finally, the judge is so irritated he orders the lawyer to shut up. Rather than stop talking the lawyer immediately moves that the judge “deem” that he has stopped talking and continues on.
It doesn’t matter if some of the emails have already been released. They want the judge to rule that they are now “unreleased”.

Reply to  Mumbles McGuirck
May 23, 2016 5:54 pm

There’s no chance a federal district court could look after the needs of state-enforced AGWCC actors if the right people call. Just ask Mark Steyn.

TG
May 23, 2016 11:52 am

The warmist are feeling the heat, marshmallow will roast nicely on an overheated Maibach burner.