CEI fires back at Ed Maibach over 'emergency stay' of #RICO20 FOIA documents – looks like he's toast

People send me stuff. Earlier today, we saw that Ed Maibach himself hired an attorney to file an emergency stay of release of FOIA documents that George Mason University had planned to release, along with the retroactive removal of the previous tranche of GMU documents from last week that were quite damning in their illustration that Maibach and Shukla not only used their position at GMU to pursue and ask for punishment of climate skeptics and corporations, they were trying to cover it up late in the game by asking to switch to private emails once they started getting some serious public blowback.

There actions are so transparent as to their motive, that many WUWT commenters, including Steve McIntyre were able to see that the legal argument presented by Maibach was full of holes. Most importantly, it seems that GMU is not defending Maibach either with legal counsel or by issuing any statement, suggesting to observers that they have cut him loose from their compliance arguments and he is on his own. For that reason, I think he’s going to be toast.

Some of the very same arguments showing why Maibach’s position is untenable seen in comments from our previous story today, are in the legal response from CEI, which I have a few excerpts of below:

horner-cei-reply-maibach-stay1

horner-cei-reply-maibach-stay2horner-cei-reply-maibach-stay3

horner-cei-reply-maibach-stay4

 

The full legal response is here, well worth a read:

CEI-response-to-maibach-FOI-stay

 

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CD in Wisconsin
May 23, 2016 7:58 pm

Anthony:
I am not sure it is going to be physically possible for Wagen to insert his opinion about your website into the location you have in mind for him. I submit that something else is already there…
https://www.fugly.com/pictures/16208/head_up_ass.html.

Reed Coray
Reply to  CD in Wisconsin
May 24, 2016 8:53 am

You have a point; but I imagine there’s plenty of room.

Paul Clements
May 23, 2016 10:42 pm
May 23, 2016 10:57 pm

Founded in 1984, CEI is a Washington – based conservative think tank.
CEI is at the center of the global warming misinformation campaign.
With more than a $3 million annual budget, CEI is supported by both conservative foundations and corporate funding. Known corporate funders in addition to ExxonMobil include the American Petroleum Institute, Cigna Corporation, Dow Chemical, EBCO Corp, General Motors, and IBM. One of CEI’s prominent funders is conservative Richard Scaife who has provided money through the Carthage and Sara Scaife Foundations. CEI is also heavily supported by the various Koch brother foundations.
http://www.disinfopedia.org/wiki.phtml?title=Competitive_Enterprise_Institute
[and none of this matters, its what is being done in court that matters, but go ahead, spout hate -mod]

Reply to  spaatch
May 23, 2016 11:37 pm

CEI is at the center of the global warming misinformation campaign.
Could you provide examples of the CEI misinformation of which you speak?

Reply to  spaatch
May 24, 2016 1:25 am

You’re off your snack mate. Genetic fallacy.
Disinfo wiki baaaahahahahahahahaha
Disinfowiki lol, you might as well have gotten a link from DesMog or RationalWiki
A source it is not, try harder you must

Reply to  spaatch
May 24, 2016 1:27 am

3m annual budget eh, Joel Schwartz who co authors a nice paper praising the EPA gets over 30 MILLION from the EPA.
One man gets over 10 years of CEI budget from the EPA. Baaahahahahaha

Reply to  Mark - Helsinki
May 24, 2016 1:30 am

I pointed this out, with hard evidence to Oreskes on Twitter on her meltdown about soon getting 65k from an anonymous donor, and the loon had no response, because there was no possible primitive response she could provide, some of her followers asked for evidence, and I gave it and BOOM silence.
These folks just cant stand up in public open debate. Only within the circle of followers can their arguments survive

Jit
Reply to  Mark - Helsinki
May 25, 2016 1:14 am

Yeh, they need to circle the Wagens…
(hope this comment appears after the comment to which it is addressed…)

Charlie
Reply to  spaatch
May 24, 2016 1:42 am

With more than a $3 million annual budget
Absolutely peanuts compared to the tsunami of cash being directed at global warming shill non-profits.

pbweather
Reply to  spaatch
May 24, 2016 4:43 am

spaatch is an unusual name and I remember this from http://www.ski.com.au forums discussion on global warming. http://forums.ski.com.au/xf/members/spaatch.65951/
Staunch CAGW fanatic who often quotes out of date data like the Mann Hockeystick.
Nothing you can say will alter his views.

MarkW
Reply to  spaatch
May 24, 2016 7:24 am

To a troll, anything that runs counter to what they are paid to propagate is “mis-information”.
Only a small portion of CEI’s budget goes towards global warming issues.
The organizations you mention are just a few of many organizations that fund CEI.
It really is sad the way trolls actually believe that who funds you automatically discredits what you say.

Reply to  spaatch
May 24, 2016 3:22 pm

Do you have any idea how tiny a 3 million dollar a year budget is? It will cover maybe 20 staff, rent on a building, insurance, consumables, reasonable travel. Oh, I forgot journal subscriptions, which are not cheap. Those corporate sponsors are contributing out of petty cash.
The only question, really, is whether CEI did anything wrong, and clearly they deserve to be burned at the stake for not lying about their heresy. Most people who believe in CAGW only do so because they think others believe. The 97% is a powerful persuader. If the heretics start whining about facts the whole thing could fall apart and then what would happen? No, burning’s too good for the CEI, send in the attack AsG! /sarc.

May 24, 2016 1:36 am

Lol Oreskes has removed the tweets showing Schwartz funding and the link to his paper about the EPA
https://twitter.com/naomioreskes/status/560125875556208641

Reply to  Mark - Helsinki
May 24, 2016 1:36 am

Nothing to see here folks.
Talk about “denial”

May 24, 2016 4:58 am

After making these comments and one on Mann’s Twitter, no abuse no harassment, no insults nothing, I was locked out of twitter and over a week later my appeal has not been dealt with, still locked out.
Twitter is a liberal attack vector, entirely political, just like facebook

bit chilly
Reply to  Mark - Helsinki
May 24, 2016 6:58 pm

that is why i take part in neither . waste of time.

Bernie
May 24, 2016 5:30 am

“Edward Maibach is a University Professor and Director of Mason’s Center for Climate Change Communication”
Attention all institutions of higher learning: Is it prudent to allow faculty to extend your credibility in order to raise funds to sway opinion on political hot-topics? How about: The University X Center for Communication of Right to Life, or: The University Y Institute for Handgun Communication? So you think it is possible for you to hold at arm’s length your faculty who are executive directors of these centers simply because they raise external funds?

May 24, 2016 7:30 am

He can always say it was an experiment in climate communication to see how fraud affects public perception and what it takes to recover from getting busted.

John Whitman
May 24, 2016 10:01 am

From October 10 2015 at the CSLDF website**, CSLDF said,
“CSLDF has been working with Dr. Shukla to fight back against this newest attack on climate scientists, including arranging attorney assistance to help him navigate what appears to be a clearly ideologically-motived Congressional probe. We are proud to be partnering with Tom Spiggle, Esq., of the Spiggle Law Firm to defend Dr. Shukla. CSLDF is confident that this Congressional investigation, like the earlier ones against other climate scientists, will ultimately be exposed as baseless.”

Given that CSLDF is associated with Spiggle Law Firm to provide attorney assistance to Shukla, then Maibach’s very recent use of Spiggle to file the emergency stay (on production of additional emails) does give credence to the idea that CSLDF is also helping Maibach with attorney aid/assistance.
** http://climatesciencedefensefund.org/2015/10/10/climate-scientist-threatened-with-investigation-by-congress/
John
PS – this comment was inadvertently posted on a previous WUWT story about Maibach

May 24, 2016 11:14 am

A legal comment. The CEI brief linked in the post is not a response either to Mainach’s stay motion or his intervention motion. It was the brief that persuaded the judge to release the in camera documents Maibach/GMU provided the judge for the purpose of deciding whether they were public (subject to VFIOA) or private. One also must presume these put the best face on things from GMU’s perspective. The stay motion is about the rest of the emails discovered, that GMU was going to release to CEI, until the intervention motion can be heard. Fairly amateurish, the intervention. Maibach has already lost on the public/private issue. His argument that the VFIOA research exception applies fails on its face. This was advocacy, not research.
One is forced to conclude he would not still be fighting unless there is some ugly stuff in the rest of the emails.

John Whitman
Reply to  ristvan
May 24, 2016 12:05 pm

That is a reasonable conclusion.
John

John Whitman
Reply to  ristvan
May 24, 2016 4:45 pm

ristvan,
There is another possible story behind Maibach filing a last moment emergency stay (on the production of the remainder of the GMU emails).
Maibach’s filing could also just be an emotional angst type of knee jerk behavior with nothing to do with any attempt at either a plausible strategy or consistent logic.
John

May 24, 2016 2:23 pm

What is this reporting? I’ll leave aside that nobody seems to mind, or at least notice, CEI cherry-picking quotes and getting facts. That’s at least errors originating in the underlying documents. I just want to know what this is:

Earlier today, we saw that Ed Maibach himself hired an attorney to file an emergency stay of release of FOIA documents that George Mason University had planned to release, along with the retroactive removal of the previous tranche of GMU documents from last week that were quite damning…

I don’t believe those e-mails “quite were damning,” as I’ve explained before, but that’s not what’s important. What’s important can be seen in the headline of a previous post here:

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

I genuinely want to know what this “reporting” is because there is absolutely nothing in any of these motions calling for the “retroactive removal of the previous tranche of GMU documents.” The type of motion he filed isn’t even capable of calling for such. There is absolutely nothing on which to base this sort of “reporting.”

riparianinc
Reply to  Anthony Watts
May 26, 2016 10:51 am

Law is a lot more bridge than poker. Usually, not always, but usually “everything comes out in the wash.”

riparianinc
May 26, 2016 10:52 am

oops “a lot more like bridge”

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