From my sources in Virginia Court, comes this news about what we reported on recently: CEI fires back at Ed Maibach over ’emergency stay’ of #RICO20 FOIA documents – looks like he’s toast
The court heard the Maibach motion in about two minutes and ordered the entirety of FOI released. For the third time. Released was a copy-paper boxful of records that GMU originally claimed didn’t exist.
We will have more on this later after the legal team reviewing them can digitize, report, and release them.
For those just tuning in, here are some other stories to read to understand what just happened.
UPDATE: here is the order to release “forthwith”. Notes indicate the GMU attorney was not even present at today’s hearing.
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Looks like the GMU attorney’s knew a waste of time when they saw it.
It seems to me that GMU had to go to extra effort to print out the emails. There’s no other reason they would be printed. It also seems to be standard operating practice for entities that want to clog up the discovery process. If they were real pros, they would have found a way to produce a hundred boxes of paper. 🙂
My brother is a lawyer. Back in the late 90’s he was representing some investors defrauded by a corrupt businessman. The corrupt businessman was ordered to turn over a large number of electronic documents, which when finally turned over, arrived not as word documents or excel workbooks, but as thousands of tiff files. They had printed the documents and then scanned them. Then they had put them on CD-ROMs in no particular order and with very unhelpful filenames
Subsequently, my brother has become quite the expert on OCR technology and software.
LOL
In Canada recently, there was a high profile trial that was knocked off the rails by some decade old emails. Lawyers have to be aware of the kinds of digital evidence that exist and how to find them.
Well, GMU is super-sustainable, so they had to stick to one box. 😉 Was it just one box in total, or just one box that a) had not been released and b) was “newly found”?
Now let’s see the redacted set based on national security.
I think Heywood Banks sums it up.
Genius–of a sort.
You should see his one on barbequed shrimp.
WUWT seems to have overlooked covering CEI’s response to the first attempt to stuff the cat back in the bag. CEI lawyers pointed out to the court that the email which was asking for everyone’s personal email addresses invited participants to phone in the response — to his official university office phone. That doesn’t help support claims that it was non-university activity.
Do you mean this article?
https://wattsupwiththat.com/2016/05/26/more-foi-follies-from-the-george-mason-university-rico20-train-wreck-edward-maibach-legal-gymnast/
That’s just dumb…
but it’s also what you’d expect from a guy who’s dumb enough to believe that he can outsmart and make a fool of everyone else, since he teaches a course that could be called “Propaganda 101”.
Let’s see the travel expenses to Paris.
the George Mason University #RICO20 train wreck.
Great job and congratulations to CEI lawyer Crise Horner hes a true climate warrior.
I noticed it took 2 minutes for the slap down judgement, Funny that’s the time it takes bread to carbonize in a good toaster – Maibach’s/MSU burnt toast carbon moment.
Pop corn and some ice cold beers for the final act. LOL
After that 2 minutes of carbonization, the toast is still edible. I’m hoping for another 2 minutes of slap down (i.e. sanctioning of the Maibach lawyer) which typically continues to carbonize the toast so as to become inedible. I’m hoping we see this toaster “tipping point” happen soon.
+1
The attorney was not present because she was getting ready for the non-existent May 31 meeting. You know, the one that CEI issues a formal complaint/SANCTIONS against!!! Ha Ha!
waiting for the documents to be released
http://ecx.images-amazon.com/images/I/71fjCBeBKJL._SY679_.jpg
Heck with that:
http://us-machine.com/images/machines/popcorn-machine_7.jpg
“Ok, WUWT, lemme have it!”
I am always entertained by how desperately the Green Left trys to dodge FOI requests. Could it be they have something to hide?
The left is so convinced that they are the good guys, that they don’t understand why the laws would apply to them.
The Left:
“I’m right, you’re wrong, and here’s the phoney science to prove it. Don’t look too closely.
It all comes down to good and evil, and because I’m a good person* I deserve to win, and I will use any tactics to achieve victory.”
* “Note that I, and people of my tribe, acknowledge and reserve the right to determine what is deemed to be good. Now f*ck off.”
The left keeps passing laws that were clearly intended to target their foes. When they might run afoul of those laws, they know that it wasn’t intended to apply to themselves.
The attorney wasn’t present because she didn’t want to get rebuked by the judge in open court!
I hope the emails relate to Maibach’s money grubbing machinations.
The Free Beacon reports Maibach as saying:
“If there was a settlement between the government and the fossil fuel industry” stemming from a RICO investigation, “there is no question in my mind that a good portion of that money should be spent on a national campaign to educate people on the risks of climate change”
So the money would be given “climate communicators” like Maibach. What a lowlife, money grubbing, scumbag.
http://freebeacon.com/issues/maibach-foresees-big-checks-from-climate-rico/
Thomas wrote: “So the money would be given “climate communicators” like Maibach.”
Good point!
Do we have any reason to believe that everything relevant is filed with the court?
How, do we now that they haven´t just excluded and / or deleted some central documents?
Openness and honesty does not seem the be the strong side of Mason’s Center for Climate Change Communication.
George Mason University I believe is taking a very dim view of their professors’ actions. Note that GMU did not fight the release of the documents. GMU likely will ensure all relivant emails were in the document release.
Seems reasonable, I guess the George Mason University has had about enough of the Center for climate change communication.
Lawyers generally ensure that clients produce all relevant documents because not doing so risks being found in contempt of court. This is particularly true for emails that could exists on multiple servers.
Of course, Hillary deleted tens of thousands of “personal” emails. Hopefully the FBI can recover them. I was involved in a large patent infringement lawsuit where a smoking-gun document, that had been attached to an email, was “lost.” It never did show up but the other side lost anyway.
Hmmm… Attorney not present? Interesting.
Well done, CEI. I love good news.
It’s late afternoon/evening in the US on a big holiday weekend. It now looks like the document dump will come tonight. It seems that this last minute maneuver had the effect of pushing the news into the weekend where fewer people will be paying attention. Seems like that was the objective. If CEI had any media savvy, they would hold the documents until Tuesday.
Respectfully disagree mpaul. The bought msm is not going to disseminate this information to the world ever. It’s going to be disseminated by …. us. What better time than a long weekend of relaxing, good eating and drinking, and happily hitting those Send or Post buttons ??
It really is just like the Hillary and IRS cases!
“THE WHEELS OF JUSTICE GRIND SLOWLY – BUT WILL GET YOU IN THE END” Anon.
May it be ever thus.
Not so Anon.
Retribution
THOUGH the mills of God grind slowly,
Yet they grind exceeding small;
Though with patience he stands waiting,
With exactness grinds he all.
Henry Wadsworth Longfellow
The classic and classy move for folks like Mr, Maibach and those that support him would pull at this point is to ignore the Court’s order and publically dismiss it as politically motivated. We are rapidly approach a point in the country — if we aren’t there already — when citizens are going to honor the rule of law or ignore it. I would not count on Mr. Maibach respect the court.
Except that the University was the party on the hook.
Your pictures of toast should be of burned toast… LOL
Two are burned, they are Maibach and Shukla
I’m no attorney, but I’d question if producing the records in printed format meets US legal evidence requirements. My vague recollection from the last time I had to deal with this was that documents have to be produced with all original attributes preserved. Since the original documents (e-mails) would have been (for example) searchable, printing them destroys some of the attributes. Same with any attachments. If they were searchable, indexable, had meta data associated with them, etc, in their original format, those attributes have to be preserved and provided to the other side. You can’t even make a pdf copy of them and claim it is electronic since that also destroys information that would otherwise be available in native format.
There have been some interesting cases in which large companies turned over electronic copies of documents during discovery, and a simple thing like turning on “track changes” in a Word document exposed the very information that the provider was trying to hide. Hence the penchant for responding with printed paper instead of electronic files. But I believe electronic files can be demanded and have to be produced in native format.
Perhaps ristvan is hanging around and could comment?
Kind of like the White House version I actually downloaded of Obama’s birth certificate first produced in a PDF format that was not ‘flattened’…. You could virtually see each layer that was created and the independent accessories like, signatures, dates, format changes of fonts ;ect… quite telling actually. Oh yeah, and ” Totally Transparent ” !!
Guess what happened to Fuddy after releasing it.. she apparently died in an plane crash that everyone else survived.
Here is video of one of the passengers
http://www.huffingtonpost.com/2014/01/10/gopro-hawaii-plane-crash_n_4577694.html
People who cause Obama problems tend to die, like the 3 men who said he was gay
Fuddy apparently died sitting in the seat she was strapped into, the plane actually landed on water, it did not crash
Not only that, no US birth records exist for their daughters either.
No CS here, these are actually facts. I am not offering anything other than circumstance info
Also, no woman has an adams apple, make of that what you will
No, Fuddy did NOT die in a plane crash. I’m almost tempted to not post this, and I don’t want to feed the trolls, but even a hint of an idea that she was killed by some plot is not sound enough to be gibberish.
See: http://www.ntsb.gov/_layouts/ntsb.aviation/brief.aspx?ev_id=20131211X33313&key=1
Here’s enough to break the code:
The review of the airframe and engine maintenance logbooks revealed no evidence that a compressor turbine metallurgical evaluation of two blades had been conducted. The operator reported that the combined guidance documentation was confusing, and, as a result, the operator did not think that the compressor turbine blade evaluation was necessary. It is likely that, if the SB had been complied with or specifically required as part of the MORE STC inspection program, possible metal creep or abnormalities in the turbine compressor blades might have been discovered and the accident prevented.
The passenger who died before the first responders arrived was found wearing a partially inflated infant life vest. The autopsy of the passenger did not reveal any significant traumatic injuries, and the autopsy report noted that her cause of death was “acute cardiac arrhythmia due to hyperventilation.” Another passenger reported that he also inadvertently used an infant life vest, which he said seemed “small or tight” but “worked fine.” If the pilot had provided a safety briefing, as required by Federal Aviation Administration regulations, to the passengers that included the ditching procedures and location and usage of floatation equipment, the passengers might have been able to find and use the correct size floatation device.
The National Transportation Safety Board determines the probable cause(s) of this accident as follows:
• The loss of engine power due to the fracture of multiple blades on the compressor turbine wheel, which resulted in a ditching. The reason for the blade failures could not be determined due to secondary thermal damage to the blades.
No, Fuddy did NOT in plane. I’m almost tempted to not post this, and I don’t want to feed the trolls, but even a hint of an idea that she was killed by some plot is not sound enough to be gibberish.
See: http://www.ntsb.gov/_layouts/ntsb.aviation/brief.aspx?ev_id=20131211X33313&key=1
Here’s enough to break the code:
The review of the airframe and engine maintenance logbooks revealed no evidence that a compressor turbine metallurgical evaluation of two blades had been conducted. The operator reported that the combined guidance documentation was confusing, and, as a result, the operator did not think that the compressor turbine blade evaluation was necessary. It is likely that, if the SB had been complied with or specifically required as part of the MORE STC inspection program, possible metal creep or abnormalities in the turbine compressor blades might have been discovered and the accident prevented.
The passenger who died before the first responders arrived was found wearing a partially inflated infant life vest. The autopsy of the passenger did not reveal any significant traumatic injuries, and the autopsy report noted that her cause of death was “acute cardiac arrhythmia due to hyperventilation.” Another passenger reported that he also inadvertently used an infant life vest, which he said seemed “small or tight” but “worked fine.” If the pilot had provided a safety briefing, as required by Federal Aviation Administration regulations, to the passengers that included the ditching procedures and location and usage of floatation equipment, the passengers might have been able to find and use the correct size floatation device.
The National Transportation Safety Board determines the probable cause(s) of this accident as follows:
• The loss of engine power due to the fracture of multiple blades on the compressor turbine wheel, which resulted in a ditching. The reason for the blade failures could not be determined due to secondary thermal damage to the blade
________________________________________
OK so, I made no statements as to cause.
But the implication is probably there, and you offer this as some evidence and make an absolute statement.
!No, Fuddy did NOT in plane.”
““acute cardiac arrhythmia due to hyperventilation”
yes she did, there is passenger footage showing her seated and not moving when everyone else was evacuating.
and of course, a heart attack. Not like anyone has ever used that to kill someone.
This is from the US senate. It is a heart attack gun.
http://graphics8.nytimes.com/images/2009/02/22/weekinreview/22shane.xlarge1.jpg
Now I state nothing as fact, but your argument has more holes in it than a 2 sqm of Ementhal
Saying “troll” is a completely LAME tactic.
Now lets leave this alone.
Lastly, and Anthony please delete all this CS nonsense
“The L.A. Times reports:
http://www.latimes.com/nation/la-na-hawaii-plane-crash-20131213-story.html#axzz2nNkAn7Gp
Fuddy, 65, was among nine people in a Cessna that crashed into the ocean Wednesday, shortly after leaving Kalaupapa Airport on the island of Molokai about 3:15 p.m. The eight others on the plane, including the pilot, were rescued, but Fuddy “remained in the fuselage of the plane,” Honolulu Fire Capt. Terry Seelig told KHON-TV. “It’s always a difficult situation when you’re not able to get everybody out.”
So riparianinc
May 28, 2016 at 6:13 am
What you say is not true, false narrative, she died in her seat, she was fine seconds before, didn’t look distressed (any more than everyone else). It was a perfect ditch. The impact not at all intense relatively speaking.
riparianinc
May 28, 2016 at 6:13 am
Quite interesting “riparian” shows up on searches of CIA web links.
SCARY baaahahahahaha
That your troll handle?
Funny just before ditch, seen moving and didn’t look distressed.
Never got out
https://youtu.be/apLxOnIIx28
The legal system will always be a day late and dollar short when it comes to optimal handling of electronic information. Formats will always be a changin’.
Folks,
Please keep in mind this document request is just the first solid step in proving that
numerous State Attorneys General have conspired to violate the civil rights of not only
CEI, but other organizations and individuals.
If the chains of emails formulating the RICO request letter include acknowledgement or
a “Thanks.” from any AG’s office back to the George Mason employees, that would be
another step in proving a conspiracy that went far beyond the ivory towers of academia.
A few Freedom of Information requests to the various AGs for correspondence between/
among the RICO academic advocates AND between/among the Attorneys General will
set the stage for a real soap opera.
Have a safe holiday…
This document is simply an instruction to the clerk to release the documents the Court has to the Petitioners. The Respondent’s (GMU) attorney was not present, but had been notified.
On the face of it, this order does not directly address Maibach’s motions, or on CEI’s counter-motions. That fun is still to come.
Steve, does this mean that the documents become public information and the pdfs can be posted ??
They go to CEI. What happens after that is up to them. The case is over, so a brand new legal action ( for example, a brand new suit by Malbach against CEI directly, including a motion to prevent release) might be possible, but that likely would not fly. We will see.
Clean up needed on Aisle 666. Conspiracy overlay atop NTSB aircraft accident stinking up this thread.
[Folks, please stay on topic. Thanks. –mod]
Mod – I’m trying to agree with you; just was hoping you’d delete this part of the thread. My last comment was addressed to “Mod.” That’s also why it’s a standalone and not a reply to any specific person. Sorry if I wasn’t clear last time.
Is there a place where you can find Maibach’s grant funding history? I have a feeling that this might be a factor in what’s going on.
OK, CEI counsel was at the May 27 2016 court hearing but GMU’s attorney was notified of the hearing but decided not to attend. But, where was Shannon Beebe (Spiggle lawfirm) who is Maibach’s private attorney?
She wasn’t asked, apparently.
John
This action did not involve her motions on behalf of Maibach, or CEI’s censure motion. Those are still to come. IMO, since the case is final past the 21 day Virginia limit, the court does not have jurisdiction, as was claimed by CEI. What we may still see is the Judge’s ruling on the motion, denying it. What I think is more likely to occur is a ruling on the motion to censure Maibach’s attorney, though it just as easily could go another way. IMO, this was a career-limiting move on her part,
Steve Fraser on May 28, 2016 at 7:32 pm
– – – – – – –
Steve Fraser,
She looks to try to reverse information entropy (inevitable spread of info) that is going to happen when CEI publishes to the general public the tranche of emails/info released to them on May 27.
Interesting.
John