Monday, August 30, 2010
Judge denies Cuccinelli's demand for climate scientist's records; AG not backing down
The attorney general's office suspects former UVa professor Michael Mann may have violated a state fraud statute in obtaining research grants. But some critics accused Cuccinelli of going to excessive lengths in an effort to challenge the science behind global warming.
RICHMOND -- An Albemarle County judge has blocked Attorney General Ken Cuccinelli's quest for documents related to the work of a former University of Virginia climate scientist, ruling that Cuccinelli failed to show why he suspects the professor may have violated a state fraud statute.
Circuit Judge Paul Peatross issued his ruling this morning, 10 days after hearing arguments in the extraordinary clash between the attorney general and UVa.
But Cuccinelli is not backing down. He said he may appeal aspects of the Peatross’ ruling and will issue a new demand for documents that conforms with the judge's ruling.
Cuccinelli issued a "civil investigative demand" to the university as part of an inquiry targeting former UVa professor Michael Mann, a climate scientist who now works at Penn State University. The attorney general's office indicated it is investigating "possible violations" of the Virginia Fraud Against Taxpayers Act by Mann in obtaining five research grants while at UVa, where Mann worked from 1999 to 2005.
Cuccinell's demand, which is similar to a subpoena, triggered a backlash from academics. Some critics accused Cuccinelli of going to excessive lengths in an effort to challenge the science behind global warming.
Peatross said Cuccinelli's demand does not identify the nature of Mann's conduct "so that any reasonable person could glean what Dr. Mann did to violate the statute."
"What the Attorney General suspects that Dr. Mann did that was false or fraudulent in obtaining funds from the Commonwealth is simply not stated," Peatross wrote in a six-page ruling.
During an Aug. 20 hearing, Peatross repeatedly questioned whether Cuccinelli had defined conduct that would raise the prospect of fraud and justify the demand for documents from the university. Russell said the information was needed to investigate and determine whether fraud occurred.
And in a statement issued this afternoon, Cuccinelli said he will continue to pursue the information. Cuccinelli said the judge "has given us a framework for issuing a new civil investigative demand to get the information necessary to continue our investigation into whether or not fraud has been committed against the commonwealth."
Peatross rejected UVa's argument that it could not be the subject of a civil investigative demand from the attorney general. Peatross said the attorney general "may investigate grants made with Commonwealth of Virginia funds to professors such as Dr. Mann."
In an e-mail, Mann said he was, "very pleased that the judge has ruled in our favor."
"It is a victory not just for me and the university, but for all scientists who live in fear that they may be subject to a politically-motivated witch hunt when their research findings prove inconvenient to powerful vested interests," Mann said.
"I'm looking forward now to trying to get back full time to the things I really care about: doing research and extending the forefront of our scientific understanding of the science of climate and climate change, teaching and advising students and postdoctoral scholars, and doing the best I can to communicate to the public important scientific findings."
Circuit Judge Paul Peatross issued his ruling this morning, 10 days after hearing arguments in the extraordinary clash between the attorney general and UVa.
But Cuccinelli is not backing down. He said he may appeal aspects of the Peatross’ ruling and will issue a new demand for documents that conforms with the judge's ruling.
Cuccinelli issued a "civil investigative demand" to the university as part of an inquiry targeting former UVa professor Michael Mann, a climate scientist who now works at Penn State University. The attorney general's office indicated it is investigating "possible violations" of the Virginia Fraud Against Taxpayers Act by Mann in obtaining five research grants while at UVa, where Mann worked from 1999 to 2005.
Cuccinell's demand, which is similar to a subpoena, triggered a backlash from academics. Some critics accused Cuccinelli of going to excessive lengths in an effort to challenge the science behind global warming.
Peatross said Cuccinelli's demand does not identify the nature of Mann's conduct "so that any reasonable person could glean what Dr. Mann did to violate the statute."
"What the Attorney General suspects that Dr. Mann did that was false or fraudulent in obtaining funds from the Commonwealth is simply not stated," Peatross wrote in a six-page ruling.
During an Aug. 20 hearing, Peatross repeatedly questioned whether Cuccinelli had defined conduct that would raise the prospect of fraud and justify the demand for documents from the university. Russell said the information was needed to investigate and determine whether fraud occurred.
And in a statement issued this afternoon, Cuccinelli said he will continue to pursue the information. Cuccinelli said the judge "has given us a framework for issuing a new civil investigative demand to get the information necessary to continue our investigation into whether or not fraud has been committed against the commonwealth."
Peatross rejected UVa's argument that it could not be the subject of a civil investigative demand from the attorney general. Peatross said the attorney general "may investigate grants made with Commonwealth of Virginia funds to professors such as Dr. Mann."
In an e-mail, Mann said he was, "very pleased that the judge has ruled in our favor."
"It is a victory not just for me and the university, but for all scientists who live in fear that they may be subject to a politically-motivated witch hunt when their research findings prove inconvenient to powerful vested interests," Mann said.
"I'm looking forward now to trying to get back full time to the things I really care about: doing research and extending the forefront of our scientific understanding of the science of climate and climate change, teaching and advising students and postdoctoral scholars, and doing the best I can to communicate to the public important scientific findings."
