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Judge quashes Cuccinelli subpoena of U-Va. records

Rosalind Helderman

An Albemarle County Circuit Court judge has set aside a subpoena issued by Virginia Attorney General Ken Cuccinelli to the University of Virginia seeking documents related to the work of climate scientist and former university professor Michael Mann.

Judge Paul M. Peatross Jr. ruled that Cuccinelli can investigate whether fraud has occurred in university grants, as the attorney general had contended, but ruled that Cuccinelli's subpoena failed to state a "reason to believe" that Mann had committed fraud.

The ruling is a major blow for Cuccinelli, a global warming skeptic who had maintained that he was investigating whether Mann committed fraud in seeking government money for research that showed that the earth has experienced a rapid, recent warming. Mann, now at Penn State University, worked at U-Va. until 2005.

According to Peatross, the Virginia Fraud Against Taxpayers Act, under which the civil investigative demand was issued, requires that the attorney general include an "objective basis" to believe that fraud has been committed. Peatross indicates that the attorney general must state the reason so that it can be reviewed by a court, which Cuccinelli failed to do.

Peatross set the subpoena aside without prejudice, meaning Cuccinelli could give the subpoena another try by rewriting the civil demand to better explain the conduct he wishes to investigate. But the judge seemed skeptical of Cuccinelli's underlying claim about Mann, noting that Cuccinelli's deputy maintained in a court hearing that the nature of Mann's fraud was described in subsequent court papers in the case.

"The Court has read with care those pages and understands the controversy regarding Dr. Mann's work on the issue of global warming. However, it is not clear what he did was misleading, false or fraudulent in obtaining funds from the Commonwealth of Virginia," Peatross wrote.

Additionally, the judge said Cuccinelli could only ask about one of five grants issued to Mann that the attorney general has been seeking to investigate. That's because the other four involved the use of federal, not state, funds.

In a statement, Cuccinelli said he will take the judge's ruling into account and rewrite the civil investigative demand. Spokesman Brian Gottstein said Cuccinelli is also examining the ruling to decide whether to appeal.

"While this was not an outright ruling in our favor, I am pleased that the judge has agreed with my office on several key legal points and 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," he said.

Mann, meanwhile, said he was pleased with the judge's ruling.

"I'm very pleased that the judge has ruled in our favor," he said in a statement. "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.

"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," he said.

A spokeswoman for the University of Virginia said a statement from the university would be forthcoming.

This post has been updated since it was first published.

By Rosalind Helderman  |  August 30, 2010; 12:46 PM ET
Categories:  Ken Cuccinelli , Rosalind Helderman  
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Comments

Ridiculous! How is the Attorney General supposed to prosecute his presidential campaign if these judges keep insisting on "facts" and "legal basis."

Mr. Cuccinelli knows that the Law should be applied equally. He just thinks it should be more equally to any of his opponents.

Posted by: Froomkin_fan | August 30, 2010 12:15 PM | Report abuse

Great job, Virginia voters. Don't you love the way your tax dollars are being spent?

Posted by: emcglaughlin | August 30, 2010 12:15 PM | Report abuse

Good Job judge

Posted by: fairness3 | August 30, 2010 12:25 PM | Report abuse

Another smackdown of the Cooch. It's a good day in The Old Dominion.

Posted by: Jayne | August 30, 2010 12:29 PM | Report abuse

Everything this moron does is an embarrassment. Politically motivated prosecutions are the worst abuse of office an Attorney General can commit.

Posted by: croaker69 | August 30, 2010 12:31 PM | Report abuse

Cuccinelli should give up on this one. Global warming is so 2009. Instead, he should sue to compell Obama to wear his birth certificate on his forehead. And while Ken's at it, he can sue, uh, somebody to restore honor to America. Because, you know, we've wandered in darkess for too long. Or something.

Posted by: mcaicedo | August 30, 2010 12:36 PM | Report abuse

It's rare for a subpoena to be quashed. Under the legal standards that govern subpoenas, it really has to be a farce to get thrown out. In my opinion, we either have a really lousy lawyer for an AG or one who improperly uses the office to further his own ideologies. Or maybe both.

Posted by: VirginiaDad | August 30, 2010 12:43 PM | Report abuse

I guess the judge doesn't believe in government sponsered anti-science witch-hunts.

Posted by: jckdoors | August 30, 2010 12:43 PM | Report abuse

I'd like to know how much they think this professor defrauded them for. Then the exact amount of taxpayer money it would take to prosecute him. Who is the real embezzeler?

Posted by: booerns14 | August 30, 2010 12:53 PM | Report abuse

Keep throwing away Virginia taxpayer money, Kooch. We'll make absolutely sure you never hold office again because you'll be such a laughingstock. Even in Virginia.

Posted by: loco71 | August 30, 2010 1:01 PM | Report abuse

Keep throwing away Virginia taxpayer money, Kooch. We'll make absolutely sure you never hold office again because you'll be such a laughingstock. Even in Virginia.

Posted by: loco71 | August 30, 2010 1:09 PM | Report abuse

So now Cooch is going to waste more taxpayer money rewriting the subpoena to continue in his right-wing witchhunt/crusade. Great.

Posted by: joemomma3 | August 30, 2010 1:09 PM | Report abuse

The AG can know start demanding data from all the geneticists that believe in Evolution or the Astronomers and Geologists who believe in a round world and an Earth older than the Biblical 9,000 years.

It's righteous to have a Christian Warrior in charge of State prosecutions doing battle with the infidel secularists. Just what the Constitution calls for.

Posted by: thebobbob | August 30, 2010 1:10 PM | Report abuse

You failed to report an important holding - that the Court rejected UVA's argument that the AG cannot issue civil investigative demands against professors. As Mann used papers he know were wrong to obtain funds to continue research based on the work he knew was wrong in an attempt to do again what he did before (wrongly) he acted in a fraudulent manner. The AG will explain that in words a judge can understand and UVA will have to cough up the emails.

Posted by: TheHardLook | August 30, 2010 1:14 PM | Report abuse

You failed to report an important holding - that the Court rejected UVA's argument that the AG cannot issue civil investigative demands against professors.

As Mann used papers he knew were wrong to obtain funds to continue research based on the work he knew was wrong in an attempt to do again what he did before (wrongly) he acted in a fraudulent manner. The AG will explain that in words a judge can understand and UVA will have to cough up the emails.

Posted by: TheHardLook | August 30, 2010 1:15 PM | Report abuse

The judge saw the AG's subpoena for what it was: an assertion/claim without proof. This is a standard tactic practiced by those in positions of leadership who behave as though rational explanations are not only inconvenient but unnecessary....their mantra seems to be "leave the thinking to us" which translates into "because I said so." Fortunately, we are not a nation of lemmings...all evidence to the contrary notwithstanding.

Posted by: gac11 | August 30, 2010 1:15 PM | Report abuse

Get em Cooch. Go after every one of these baby killer ninnies.

Posted by: BO_____Stinks | August 30, 2010 1:21 PM | Report abuse

Cuccinelli, in a press conference this afternoon, admitted that he should have seen the "legal bias with malice aforethought" in a judge that graduated from UVA Law, and is now issuing supoenas to the Virginia State Bar, American Bar Association, and the Virginia Supreme Court, each of whom is known to harbor UVA graduates that have the same legal bias as Judge Peatross.

This shall not go unassailed.

Posted by: RogerRamjet2 | August 30, 2010 1:28 PM | Report abuse

This just in ... Cuccinelli subpoenas Christopher Columbus for saying the Earth isn't flat.

Posted by: SilverSpring8 | August 30, 2010 1:29 PM | Report abuse

This is one of the many reasons why my rising high school senior is not considering colleges in Virginia. She doesn't trust the state to have her best interests at heart.

Posted by: oldmh | August 30, 2010 1:29 PM | Report abuse

This right wingnut idiot shouldn't hold ANY office at ANY level. He's wasting our hard-earned tax dollars on his witch hunt. He's too stupid to realize global warming is a given - we're living it today.

Anyone voting for this jerk deserves him - the rest of us don't.

Posted by: capone1 | August 30, 2010 1:31 PM | Report abuse

Papers he "know were wrong"?

Evidently, neither you nor KC understand the concept of peer reviewed research. And if you want to talk about fraud, read a little about actual cases of scientific fraud. Such as the autism-mercury paper or Henrik Schoen.

BB

Posted by: FairlingtonBlade | August 30, 2010 1:32 PM | Report abuse

It's really unbelievable that while our troops are bravely fighting the Pashtun-speaking wing of the Taliban over in Afghanistan, Virginians have to fight against an English-speaking faction here at home. Cuccinelli and his boss are virtually identical to the Mullahs over in Afghanistan's outlying areas, in their attitudes toward women and (seen here) science.

America has a choice. It can live in the 21st century or it can continue to look to the 15th with people like these. Which one will it be?

Posted by: B2O2 | August 30, 2010 1:34 PM | Report abuse

Excellent cover-up.

An AG trying to do his job.

The results of which should be public, as his research was publicly funded.

How could there be a right to refuse at all?

How could a single judge dismiss the state's AG?

Posted by: docwhocuts | August 30, 2010 1:36 PM | Report abuse

Get em Cooch. Go after every one of these baby killer ninnies.

Posted by: BO_____Stinks | August 30, 2010 1:21 PM
*******************************************

Way to stay on topic there, buddy. Generally speaking, reading before responding is considered the best approach to commenting. But hey, you're a rebel and a maverick aintcha? Go on and stick it to that Kenyin Mooslim commonist traiter.

Posted by: bigbrother1 | August 30, 2010 1:41 PM | Report abuse

If this "scientist" has nothing to hide why is he refusing to release the data?

Posted by: speedo1 | August 30, 2010 1:46 PM | Report abuse

As a graduate of the University of Virginia let me say how utterly embarrassed I am to find the University administration taking actions to coverup Dr. Mann's perfidy and dishonesty.

Frankly, UVA should allow the state to review any and all records to get to the bottom of this and allow them to proceed in development of an indictment that will guarantee a conviction and the sending of Dr. Mann to prison for life.

Any who enabled him in this fraud at whatever level or capacity should also be prosecuted, convicted and stuffed into nasty cells somewhere.

The World Climate is too important for gamesmanship ~ get it all out in the open where we can see it!

Posted by: muawiyah | August 30, 2010 1:48 PM | Report abuse

Why can no one reproduce Mann's findings?

Using the same climate model, inserting the same data, everyone gets results which do not support Mann.

I guess they'll have to find video footage of Mann actually doctoring the data before the Anthropogenic Global Warming Taliban will challenge anything that algore has decreed!

Posted by: JustJoe3 | August 30, 2010 1:51 PM | Report abuse

docwhocuts: "The results of which should be public, as his research was publicly funded.
"How could there be a right to refuse at all?
"How could a single judge dismiss the state's AG?"

The results of his research are public. The university argued -- and the judge disagreed -- that they had no obligation to release his notes, etc., related to the funding of the research in response to the subpoena. There is no right to keep a public university professor's notes private -- a point which the AG won on.

Any entity can refuse a subpoena that is not issued in accordance with the law and move a court to have the subpoena quashed. The court, in this case, agreed that the subpoena issued by the AG was not in accordance with the law.

The AG is only another litigation party in a court of law -- who must follow the laws of the state and the rules of the court -- and a judge can rule against him.

Posted by: smpierre | August 30, 2010 1:52 PM | Report abuse

WE WILL SOON HAVE SUBPOENA POWER AFTER WE WIN THE HOUSE IN NOVEMBER AND WE WILL BRING THESE LYING LIBERALS TO THEIR KNEES.
BUBBA WILL LIKE THESE LIBERAL DEMOCRATS.

BYE BYE DEMOCRATS

Posted by: COOLCHILLY | August 30, 2010 1:54 PM | Report abuse

It's all in the process of defining the new subpoena power that the legislature granted to the AG.

Mann is widely recognized for his dishonesty in conseling a colleague by e-mail on the ways to cook the data. Despite this, UVa. did nothing to scrutinize him through their internal processes. That left taxpayers with only one other alternative.

I don't buy into the extraordinarily old-fashioned notion that professors need to be protected from criminal investigations. Some believe tenure only fosters hubris, but in truth such security assures that no one who thinks too independently will ever be hired.

Posted by: blasmaic | August 30, 2010 1:55 PM | Report abuse

Considering that no one wins a Virginia state election unless they carry northern Virginia, and that northern Virginia is the most educated section of Virginia, I would say that northern Virginia's voters are either lazy or apathetic. How in the heII did Cuccinelli get elected? Before the election, you only had to google him to hear him kissing up to a right-wing church, which should have made you worry that Virginia would be dragged back to the 19th century should he become AG. He's trying hard and fast to pull us down, that's for sure.

Posted by: HookedOnThePost | August 30, 2010 1:56 PM | Report abuse

Michael Mann and his global wamring shell game shills, inlcuding Gore who made a bundle from the sales of NCC, are crooks, just like their corrupt cronies in Congress Pelosi and Reid.

They have managed to swindle more than tax payer dollars to their own self serving purposes. They have hoodwinked the truth and plan to bankrupt the USA based on PC B S.

But, come November, their con game is up.

Make the case AG Cuccinelli. Put these swindlers behind bars.

Posted by: Patriot12 | August 30, 2010 1:57 PM | Report abuse

I don't actually blame Cuccinelli. He made no bones about where he stood and that he would use/abuse his office to engage in these right winged witch hunts. Are current governor when he sat in that office was a liberal by comparison. No, I blame the voters. They elected this right winged nutcase who is seeking to stifle academic freedom in a malevolent effort to turn some of the best universities in the nation into a joke. Good job folks. I knew what he was when I voted against him. Just wish others did too.

Posted by: da55 | August 30, 2010 1:58 PM | Report abuse

As a Virginia taxpayer let me say how utterly embarrassed I am to find that the University is apparently handing out degrees to people like muawiyah without taking the time to teach them anything about the U.S. Constitution, let alone to ensure that they've learned how to think critically or analyze a situation logically.

Posted by: TomServo | August 30, 2010 2:00 PM | Report abuse

"Frankly, UVA should allow the state to review any and all records to get to the bottom of this and allow them to proceed in development of an indictment that will guarantee a conviction and the sending of Dr. Mann to prison for life."

Yeah! Let's send ALL the scientists to prison when they learn things that are inconvenient for us. This MEAN Mann and those thousands of others like him are learning things that will make it harder for me to drive my Hummer around endlessly like I always wanted to when I was a little boy. These evil climate scientists are going to force us to grow up. That's just awful.

Once we get all the climatologists thrown in prison, let's focus on the biologists and epidemiologists next. I don't like what they're saying about how eating certain foods clog my arteries and will lead to high blood pressure. Can you believe their nerve? Lock 'em all up for life!

Don't want no stinking science taking away from my playtime fun. I is an adult and can do whateverIwant.

Meanwhile, the earth just keeps on warming. All the anti-science Attorney Generals in the Republican arsenal can't seem to stop it:

http://data.giss.nasa.gov/gistemp/graphs/Fig.A2.lrg.gif

Posted by: B2O2 | August 30, 2010 2:02 PM | Report abuse

"Great job, Virginia voters. Don't you love the way your tax dollars are being spent?

Posted by: emcglaughlin | August 30, 2010 12:15 PM |"

------> We're not South Carolina....yet....

Posted by: kban495 | August 30, 2010 2:03 PM | Report abuse

You elected him VA. Is this what you wanted him to do? Go after professors whos scientific findings dont agree with his political alies on fraud charges. Further wasting VA taxpayers moneys in order to intimidate scientist who work at universities and get grants? Sounds like a big waste of time for an AG.

Posted by: ged0386 | August 30, 2010 2:05 PM | Report abuse

WE WILL SOON HAVE SUBPOENA POWER AFTER WE WIN THE HOUSE IN NOVEMBER AND WE WILL BRING THESE LYING LIBERALS TO THEIR KNEES.
BUBBA WILL LIKE THESE LIBERAL DEMOCRATS.

BYE BYE DEMOCRATS

Posted by: COOLCHILLY
............................................

Sounds like COOLCHILLY is ready to take the Bar Exam

Posted by: mini1071 | August 30, 2010 2:08 PM | Report abuse

TheHardLook

So now you want to use taxpayers moneys to go after Professors that get grants that support global warming. So if they dont support the theory of global warming and instead support the theory that a fetus is a human life at the first point of conception thus rendering any kind of abortion murder, can they get funds from UVA then and it not be fraud? I bet Ken says they can.

Posted by: ged0386 | August 30, 2010 2:10 PM | Report abuse

This is one of the many reasons why my rising high school senior is not considering colleges in Virginia. She doesn't trust the state to have her best interests at heart.

Posted by: oldmh | August 30, 2010 1:29 PM |

GOOD!! More room for my kids. Virginia has the best state schools in the country. PERIOD!!

Posted by: VaBroker | August 30, 2010 2:12 PM | Report abuse

This time Cooch won't fill out the subpoena in crayon - he might also want to sue the Anthropology department to retry the Scopes trial or Cooch could try to revive "Massive Resistance" to higher education. Welcome to Virginia - remember to set your watches back 50 years...

Posted by: 7720806 | August 30, 2010 2:13 PM | Report abuse

Once again showing the depths of foolishness of ol' Virginia. Wave your confederate flags and wallow in your ignorance Virginia! You are well on your way destroying your excellent school system.

Posted by: kschur1 | August 30, 2010 2:16 PM | Report abuse

WE WILL SOON HAVE SUBPOENA POWER AFTER WE WIN THE HOUSE IN NOVEMBER AND WE WILL BRING THESE LYING LIBERALS TO THEIR KNEES.
BUBBA WILL LIKE THESE LIBERAL DEMOCRATS.

BYE BYE DEMOCRATS

Posted by: COOLCHILLY

So I guess you would have supported Obama going after Bush and Cheney. Just like a republican, ask you to help him off the ground after swinging a punch at you and missing then as soon as he gets up tries to sucker punch you again. I guess if we had your attitude bush and cheney would have been investigated a long time ago. But it seems the dems have a little bit of class that the angry white men party doesnt. How about showings some accountability angry white man. Look in the mirror. Stop blaming everyone else.

Posted by: ged0386 | August 30, 2010 2:16 PM | Report abuse

I'm just trying to figure out why Kain hasn't pulled Cuccinelli into his office for a...well...Come to Jesus meeting.

It looks as if he's trying to do an end-run around the legislature and executive branch...and in the process he's making Virginia the butt of jokes.

Posted by: Chasmosaur1 | August 30, 2010 2:20 PM | Report abuse

Not surprisingly the leftist hypocrites all of a sudden do not believe in open government.

Mann is already a joke and a loser in alot of peoples eyes.

Posted by: robtr | August 30, 2010 2:21 PM | Report abuse


The Kook is really to be pitied

Posted by: fairness3 | August 30, 2010 2:27 PM | Report abuse

"Cuccinelli subpoenas Christopher Columbus for saying the Earth isn't flat." Great comment, very funny! However, Cuccinelli and his like are not funny at all, in fact, scary! Cuccinelli is a “believer” of the myth of the Roman Catholic Church who would eliminate the separation of church and state, favor the return of the Inquisition and the burning of witches (women) who sought control of their own bodies!

Posted by: kemcb | August 30, 2010 2:28 PM | Report abuse

WE WILL SOON HAVE SUBPOENA POWER AFTER WE WIN THE HOUSE IN NOVEMBER AND WE WILL BRING THESE LYING LIBERALS TO THEIR KNEES.
BUBBA WILL LIKE THESE LIBERAL DEMOCRATS.

BYE BYE DEMOCRATS

Posted by: COOLCHILLY
............................................

Sounds like COOLCHILLY is ready to take the Bar Exam

Posted by: mini1071 | August 30, 2010 2:08 PM | Report abuse

===========================================

how many beers you gotta drink to pass?

Posted by: COOLCHILLY | August 30, 2010 2:30 PM | Report abuse

"Cuccinelli subpoenas Christopher Columbus for saying the Earth isn't flat." Great comment, very funny! However, Cuccinelli and his like are not funny at all, in fact, scary! Cuccinelli is a “believer” of the myth of the Roman Catholic Church who would eliminate the separation of church and state, favor the return of the Inquisition and the burning of witches (women) who sought control of their own bodies!


Posted by: kemcb | August 30, 2010 2:28 PM | Report abuse

===========================================

you mean like obama's muslim brothers stoning muslim women to death, make them walk behind the men, stay at home, wear the habib, disfigure their vaginal areas, etc.? Like that kemcb?

Posted by: COOLCHILLY | August 30, 2010 2:35 PM | Report abuse

Cuccinelli owes Virginians Millions in misappropriated tax revenue wasted on his fraudulent activities. Wasting millions of taxpayer money on his teams of lawyers to conducted nuisance lawsuits is criminal.

At the Tiller No. 1 mine in Southwestern Virginia, Inspectors have noted more than 625 Life Threatening safety problems in the past three years. (w/Cuccinelli is doing NADA to protect the workers there). Medical Insurance companies gouge people and the government with gross administrative overhead (20% of medical costs) and duplicate medical procedures but Cuccinelli is too busy to address that issue. Protecting the Rich while stomping on the poor is pretty boy Cuccinelli’s specialty.

Posted by: Airborne82 | August 30, 2010 2:38 PM | Report abuse

Wow. This is an argument for keeping tenure. Who would take a university job if they were subject to random harassment by clowns like the VA AG?

Posted by: HardyW | August 30, 2010 2:42 PM | Report abuse

UVA owns every judge in Albemarle County. I hope Cuccinelli appeals the case.

Posted by: hz9604 | August 30, 2010 2:47 PM | Report abuse

$100,000 of taxpayer money down the drain thanks to the Creationist Republicans.

Posted by: djah | August 30, 2010 2:50 PM | Report abuse

Is it possible to recall this ignorant piece of trash? Has a man so underqualified ever snaked his way into the AG office in Virginia before?

Posted by: ElrodinTennessee | August 30, 2010 2:57 PM | Report abuse

To all the climate change denialists trolling this board;

Learn the science! Not the Koch-funded talking points, the real deal. In other words, try honesty for a change.

Mann's papers are among the most reviewed and scrutinized in the history of modern science, period!! Any statement to the contrary demonstrate crass ignorance or malevolent intent to lie.

On the merits of climate science, here's the deal: the models have gotten so good in their PREDICTIVE VALUE that your resistance if totally and utterly FUTILE.

Which means you've got a choice: when your grandchildren will ask you what you've done to prevent this catastrophe, will you also lie by hiding your role in obstructing the truth? Or man up and admit you were wrong?

Posted by: grosmec | August 30, 2010 3:00 PM | Report abuse

Another defeast for Virginia's Don Quixote. How this clown ever got elected to the AG office is a mystery. He is an embarassment to Virginia.

Posted by: samsara15 | August 30, 2010 3:01 PM | Report abuse

The tables have turned on that lunatic Cuchialina.

Posted by: johng1 | August 30, 2010 3:03 PM | Report abuse

To all the climate change denialists trolling this board;

Learn the science! Not the Koch-funded talking points, the real deal. In other words, try honesty for a change.

Mann's papers are among the most reviewed and scrutinized in the history of modern science, period!! Any statement to the contrary demonstrate crass ignorance or malevolent intent to lie.

On the merits of climate science, here's the deal: the models have gotten so good in their PREDICTIVE VALUE that your resistance if totally and utterly FUTILE.

Which means you've got a choice: when your grandchildren will ask you what you've done to prevent this catastrophe, will you also lie by hiding your role in obstructing the truth? Or man up and admit you were wrong?

Posted by: grosmec | August 30, 2010 3:06 PM | Report abuse

Reality 1, Cuccinelli 0.

Posted by: simpleton1 | August 30, 2010 3:10 PM | Report abuse

COOLCHILLY wrote: you mean like obama's muslim brothers stoning muslim women to death, make them walk behind the men, stay at home, wear the habib, disfigure their vaginal areas, etc.? Like that kemcb?
************
Please take your afternoon meds.

Posted by: overed | August 30, 2010 3:11 PM | Report abuse

Cuccinelli is a partisan slime ball who is playing to a base that will enable him to go far in Virginia and GOP politics.

I wonder what Cuccinelli thinks about how Galileo was treated when this fellow Italian asserted that the Sun revolves around the Earth and was then imprisoned as a heretic.

Then again I wonder if Cuccinelli thinks at all.

Posted by: lipschitzantwon | August 30, 2010 3:12 PM | Report abuse

What an embarassment this clown is to VA! The next election can't come soon enough. What a waste of tax dollars...

Posted by: kelvinator10 | August 30, 2010 3:14 PM | Report abuse

Loved the earth must be flat to Ken comments....I think there is medication for delusional thinking!May Koo-Koo should see a doctor!!

Posted by: 10bestfan | August 30, 2010 3:21 PM | Report abuse

Speedo - Is hiding the data? Exactly HOW do you think someone gets tenure. Publish or perish isn't just a slogan, buddy. This one'll start you out:

Shindell D.T., Schmidt G.A., Mann M.E., Rind D., Waple A. (2001). "Solar forcing of regional climate change during the Maunder Minimum" (PDF). Science 294 (5549): 2149–52. doi:10.1126/science.1064363. PMID 11739952.

BB

Posted by: FairlingtonBlade | August 30, 2010 3:24 PM | Report abuse

I didn't know that the AG of Virgina was a scientist. Can't wait until he sues the "creationist" types, who don't believe in evolution.

Posted by: ben16 | August 30, 2010 3:26 PM | Report abuse

OK Virginia the next thing this poor excuse for a lawyer- -muchless an AG---BRING IN THE GESTAPO AND BURN THE BOOKS!!!! The great state of VA. has been ill servied by this right wing extremist who has no knowledge of the law!!! God help this state.

Posted by: vergens2 | August 30, 2010 3:27 PM | Report abuse

...As Mann used papers he know were wrong to obtain funds to continue research based on the work he knew was wrong in an attempt to do again what he did before (wrongly) he acted in a fraudulent manner.

Posted by: TheHardLook
==========================================

I think you were trying to defend the AG, but your posting is so awkwardly written and poorly constructed, it was hard to tell.

Did you write any of the AG's legal opinions? I can certainly sympathize with the judge in that case...

Posted by: jayjordan | August 30, 2010 3:29 PM | Report abuse

Simply rewrite the supboena and, if that fails, appeal to a higher court. We need to know the truth!

Posted by: fredtaylor1 | August 30, 2010 3:39 PM | Report abuse

You see everyone this is what the GOP is all about. I hope everyone reading this comment will stand with me and vote DEMOCRAT in November. We can not afford to go BACKWARDS. At least the Dems are looking out for all of us instead of a selected few rich people. The facts are the facts-The GOP headed by George Bush caused this mess that we are in-IE endless wars, corporation that have all the power. I will give the GOP a little credit-AT least they are not running from what they believe in-What I mean is that admit they have no plan-they admit they are in bed with the big corporations. So if you want to go BACKWARDS I dare you vote GOP!!!! You life depends on it!!!!!!!!!!!

Posted by: Mike425 | August 30, 2010 3:44 PM | Report abuse

You see everyone this is what the GOP is all about. I hope everyone reading this comment will stand with me and vote DEMOCRAT in November. We can not afford to go BACKWARDS. At least the Dems are looking out for all of us instead of a selected few rich people. The facts are the facts-The GOP headed by George Bush caused this mess that we are in-IE endless wars, corporation that have all the power. I will give the GOP a little credit-AT least they are not running from what they believe in-What I mean is that admit they have no plan-they admit they are in bed with the big corporations. So if you want to go BACKWARDS I dare you vote GOP!!!! You life depends on it!!!!!!!!!!!

Posted by: Mike425 | August 30, 2010 3:46 PM | Report abuse

Finally, some sanity on this issue! Thanks, judge.

Posted by: steve_k2 | August 30, 2010 3:46 PM | Report abuse

You see everyone this is what the GOP is all about. I hope everyone reading this comment will stand with me and vote DEMOCRAT in November. We can not afford to go BACKWARDS. At least the Dems are looking out for all of us instead of a selected few rich people. The facts are the facts-The GOP headed by George Bush caused this mess that we are in-IE endless wars, corporation that have all the power. I will give the GOP a little credit-AT least they are not running from what they believe in-What I mean is that admit they have no plan-they admit they are in bed with the big corporations. So if you want to go BACKWARDS I dare you vote GOP!!!! You life depends on it!!!!!!!!!!!

Posted by: Mike425 | August 30, 2010 3:46 PM | Report abuse

More funnel cake, Mr. Cuchinelli?

Posted by: AHappyWarrior | August 30, 2010 3:48 PM | Report abuse

Trust the Catholic church? Ask Galileo!

Trust Cuccinelli? Ask Mann!

Posted by: usblues1 | August 30, 2010 3:54 PM | Report abuse

To all the climate change denialists trolling this board; Learn the science! Not the Koch-funded talking points, the real deal. In other words, try honesty for a change.

Mann's papers are among the most reviewed and scrutinized in the history of modern science, period!! Any statement to the contrary demonstrate crass ignorance or malevolent intent to lie.

On the merits of climate science, here's the deal: the models have gotten so good in their PREDICTIVE VALUE that your resistance if totally and utterly FUTILE.


Posted by: grosmec

**************************************

So, in other words, repeating what you've said: questioning Mann's work is evil, and the math is infallible. Check.

Wow. And you say creationist republicans are dogmatically blind.

========================================

Cuccinelli is a “believer” of the myth of the Roman Catholic Church who would eliminate the separation of church and state, favor the return of the Inquisition and the burning of witches (women) who sought control of their own bodies!


Posted by: kemcb

**********************************

Uh, I went to the meetings. The Catholics have been out of the church-state debacle since Kennedy- you remember JFK? Yeah. Catholic. Democrat. Didn't force the papcy on you. Didn't advocate the burning of aborters either (and for that matter, neither does the church). Maybe hope that you'll make the kind of choices that don't put you in the kind of position to need an abortion, and if you do to try hanging on to the future child. But irresponsibility is legal, no matter who's in charge or what the zeitgeist is. And abortion is legal, and the longer it is, the less likely it is to change.

Wow. Anti-Catholicism. How quaint. How... 19th century. And you say republican supporters are the ones stuck in the past.

Posted by: dgw1091 | August 30, 2010 3:58 PM | Report abuse

Mann - is this the guy with the hockeystick graph?


I would like to read the papers which the deputy submitted in support of the subpoena.


Perhaps everything can be re-submitted to the Court - with a clear statement of what the Fraud is - failure to list the Medieval Warming Period in the hockey stick graph comes to mind first.


All the natural ups and downs in the history of the Earth should be listed too.


What CAUSED the earlier ups and downs in temperature - has to be distinquished from today - Mann didnt do that - and it is a fraud.


.

Posted by: SaveTheRainforest | August 30, 2010 3:58 PM | Report abuse

VaBroker - While Virginia does have some very fine public colleges & universities, it's probably overstating the case to claim that they're the best in the country. California's (admittedly much larger) system has a pretty strong claim there.

Posted by: bobsewell | August 30, 2010 4:04 PM | Report abuse

da55

at least you are honest and mature about the whole thing.


The only problem I have with your comment is Cucinelli is right about many of these issues.


So they deserve to be examined.


AND if there is no FRAUD, why is Mann and UVA fighting the subpeona.

Usually when there is nothing to hide, people do not fight the subpoena in Court - they just run all the documents through the copy machine and send them off.


If there is nothing to hide, let them see all the documents.


.

Posted by: SaveTheRainforest | August 30, 2010 4:06 PM | Report abuse

The Thomas Jefferson is rolling over in his grave. All the work back in the 1700's, inly to have these extreme rightwing Christianists try to establish a theocracy in his home state.

Maybe they should go back and read Jefferson's Bible. He tore out all the irrational, superstitious junk that the brimstone and hellfire ministers kept shouting. he fought like mad to keep the religious nutcases out of government and what happened?

When will Virginia come to it's senses??

Posted by: thebobbob | August 30, 2010 4:09 PM | Report abuse

This ... is ... crazy. This BUFFOON is the Attorney General of the State of Virginia??????????????????!!!!!!!!!!!

I've got to go lie down.

Posted by: chert | August 30, 2010 4:17 PM | Report abuse

COOLCHILLY

Nice to know what the republican plan for fixing americas problems is gaining subpena power to punish democrats. Yes, that will fix the economy, Job loss, wall st, the housing crisis, middle east relations and millions without health insurance. Sorry democrats dared win the 08 elections. They must be punished for that.

Posted by: ged0386 | August 30, 2010 4:21 PM | Report abuse

We are fortunate that the University of Virginia backed its professor rather than caving in to Cuccinelli's demands. Cuccinelli went to court only because the University refused to produce the emails and other documents that Cuccinelli demanded. This is a good day for academic freedom.

Posted by: esch | August 30, 2010 4:21 PM | Report abuse

Ken Kookinelli still believes that Keebler Cookies are baked by little elves in a hollow tree.

Posted by: sasquatchbigfoot | August 30, 2010 4:24 PM | Report abuse

An Albemarle County Circuit Court judge has overruled God! The end is near! The end is near! Oh, wait. Virginia Attorney General Ken Cuccinelli is not God, he just thinks he is.

Posted by: Jimof1913 | August 30, 2010 4:26 PM | Report abuse

When did the duties of the AG shift from catching criminals to witches? Somebody please investigate Kook for financial mismanagement. His performance is appalling and embarrassing. Hey Kook, it's 2010, not 1690.

Posted by: 1observer | August 30, 2010 4:28 PM | Report abuse

SaveTheRainforest

The AG was trying to claim that there was fraud. In peer reviewed grants. Hint: those reviewing the grants know a little more about the scientific method than an AG who rejects it.

The grants in question were mostly federal, meaning that the AG doesn't even understand his jurisdiction.

BTW - Say hi to 37th.

BB

Posted by: FairlingtonBlade | August 30, 2010 4:31 PM | Report abuse

Statement by Francesca Grifo, Director of UCS's Scientific Integrity Program

WASHINGTON (August 30, 2010) – The Union of Concerned Scientists (UCS) called today’s decisions by a Virginia judge to dismiss Attorney General Ken Cuccinelli’s demand for documents related to research by climate scientist Michael Mann a “victory for scientific discovery.”

Judge Paul Peatross Jr. ruled that while the Virginia attorney general could investigate state grants awarded to scientists, Cuccinelli and his staff failed to demonstrate that such an investigation was warranted in this case. “The nature of the conduct is not stated so that any reasonable person could glean what Dr. Mann did to violate the statute,” the judge wrote. “… The Court…understands the controversy regarding Dr. Mann’s work on the issue of global warming. However, it is not clear what he did that was misleading, false or fraudulent in obtaining funds from the Commonwealth of Virginia.”

Below is a statement by Francesca Grifo, director of UCS’s Scientific Integrity Program.

“This is a victory for scientific discovery. This ruling makes it clear that when a state attorney general alleges fraud against a scientist, he needs actual evidence to back up his claim.

“The scientific process works. When scientists commit fraud, ultimately other scientists bring it to light. In this case, independent scientists have repeatedly reviewed Dr. Mann’s work and found no evidence of wrongdoing. Ken Cuccinelli is targeting Mann because he disagrees with the scientist’s conclusions. These sorts of dangerous attacks distract scientists from their work and can have a chilling effect on all kinds of research.

“Hopefully, Cuccinelli will now stop wasting taxpayer dollars on this misguided crusade against a good scientist. Scientists must be free to do their work without the fear of harassment. Then we all can benefit from the discoveries they make.”

Posted by: waxtraxs | August 30, 2010 4:34 PM | Report abuse

Is it too late to sue Columbus?

Posted by: Bissron | August 30, 2010 4:41 PM | Report abuse

Love these generalizations treated as fact....Mann's work has been replicated by others. Nothing has been hidden. there's a broad scientific consensus and our environment and probably our economy would be better off if we moved forward rather than let climate change deniers and their financier (oil, and coal interests) dtermine our fates.

Posted by: thebuckguy | August 30, 2010 4:43 PM | Report abuse

With a name like Kooky Nelly, it is no surprise he has such a senseless mission: try to discredit warming with COLD facts.

Posted by: tmd678 | August 30, 2010 4:45 PM | Report abuse

With a name like Kooky Nelly, it is no surprise he has such a senseless mission: try to discredit warming with COLD facts.

Posted by: tmd678 | August 30, 2010 4:46 PM | Report abuse

Perhaps Cuccinelli is going after Mann because Cuccinelli knows what the average temperature of the Earth was in the Middle Ages and therefore he is sure that Mann et al's original Hockey Stick curve (which estimated the temperature in the Middle Ages to be cooler than now) was wrong and that those who say it was warmer back then are right.

Or perhaps Cuccinelli is simply unaware that different scientists often come up with different results using slightly different methods. There have been many studies since the Hockey Stick which also point to a relatively cool Middle Ages.

Or maybe Cuccinelli doesn't care about proxy reconstructions of medieval temperature. As long as he keep pursuing fraud charges against Mann, there will be more soundbites and headlines from those who are attempting to distract the public from the strong evidence that civilization is changing the climate.

Posted by: klinger1 | August 30, 2010 4:48 PM | Report abuse

The Hard Look said:

"As Mann used papers he know were wrong to obtain funds to continue research based on the work he knew was wrong in an attempt to do again what he did before (wrongly) he acted in a fraudulent manner. The AG will explain that in words a judge can understand and UVA will have to cough up the emails."

I'm glad that you have already determined that the professer acted fraudulently. I'm sure you are 1) a lawyer, 2) unbiased, and 3) have access to the information that the Judge just denied to the AG. Maybe, you can email the AG the information you have and then the judge won't need to consider these subpeonas. Or maybe we should just accept your words as fact, without any rational analysis.... (Kind of like how you probably accept Glenn Beck's words as undeniable truth, without any evidence or fact in support thereof).

Why should I not condescend to you dolts again? Why shouldn't I consider myself intellectually and morally superior to you?

Posted by: JoeMck | August 30, 2010 4:51 PM | Report abuse

Thank goodness, there are a few good judges left in Virginia. If this judge had jurisdiction in the health care case. I do not want my federal tax dollars to pay for the uninsured citizens of Virginia to receive health services. If these people do not contribute to part of the cost for their health coverage than Medicaid and Medicare will be paying - i.e. my federal tax dollars.

Posted by: sun52shine | August 30, 2010 4:56 PM | Report abuse


Hey, Cucci, how much did this 1st strike cost the taxpayers of the Commonwealth?


Posted by: mortified469 | August 30, 2010 5:00 PM | Report abuse

Cuccinelli should be impeached for this blatant waste of taxpayer money. These guys claim to be "fiscally responsible" and they spend tax dollars on witch hunts. Thomas Jefferson would be ashamed of what Virginia has become.

Posted by: topperale | August 30, 2010 5:06 PM | Report abuse

So Judge, whatcha hiding? Why won't the judge be "transparent"? Why won't the scientist that already has some problems with accuracy let them go? Hmmmm, something stinks in virginia......

Posted by: bjreg3 | August 30, 2010 5:08 PM | Report abuse

"da55

at least you are honest and mature about the whole thing.


The only problem I have with your comment is Cucinelli is right about many of these issues.


So they deserve to be examined.


AND if there is no FRAUD, why is Mann and UVA fighting the subpeona.

Usually when there is nothing to hide, people do not fight the subpoena in Court - they just run all the documents through the copy machine and send them off.


If there is nothing to hide, let them see all the documents."

No. The 4th Amendment protects against unreasonable searches and seizures. The only people who say "If there's nothing wrong, you have nothing to hide" are people who are 1) trying to get you to forfeit your rights, or 2) trying to rationalize the violation of your rights by the powers that be.

If you have nothing to hide, why not publish your name, address, phone number, DOB, SSN, children's names, schools, work hours, et cetera in this forum? Do it. You've got nothing to hide. Right?

Posted by: JoeMck | August 30, 2010 5:10 PM | Report abuse

The fraud that should be investigated is Cuccinelli. He is taking VA's taxpayers for a ride. Instead of working on issues that benefit Virginia, he is spending tax tax dollars furthering his own crazy political agenda.

Unfortunately, the biggest fraud going is that of the tea party, which is being secretly bankrolled by the paranoid billionaire Koch brothers to further their own business interests. The media should be making a bigger deal out of the money behind Dick Armey and the tea party.

Posted by: hockeymom1 | August 30, 2010 5:15 PM | Report abuse

Something does not smell right in this story. What is the University and Michael Mann hiding? I personally feel that this whole global warming issue is a scam and I feel that our academic establishment is pushing it for their obvious gain. Some how, we have lost touch with the responibility to lead by example and pursue integrity over personal gain.

Posted by: ROYSTOLL2 | August 30, 2010 5:23 PM | Report abuse

I see the journolists and Soros funded bloggers are still employed. They may not be after November and definitely not after 2012.

Posted by: dcharlson | August 30, 2010 5:24 PM | Report abuse

Who in the Commonwealth's executive branch can randomly audit public accounts without judicial involvement?

When your ex-spouse tells the IRS how you cheated on your taxes, the IRS says thank you and then calls you in for an audit. When a whistle-blower tells the AG's office that fraud is occuring in a state account, must the AG refer it to the legislative or judicial branches before acting?

So far, the judiciary says it has authority to review.

Posted by: blasmaic | August 30, 2010 5:25 PM | Report abuse

On Wed., Nov 4, the Washington Post reported that Scott Surovell, the former chairman of the Fairfax County Democratic Committee said: "If he (Cuccinelli) chooses to make the office a hub for political causes, then that could bring a lot of negative attention to this state."

Scott Surovell - it's amazing how on target your prediction was!

Posted by: PattiMBrown | August 30, 2010 5:32 PM | Report abuse

Cuccinelli is not a climate change skeptic--he's a climate change cynic. He hasn't a clue about the basic science, and instead relies on clueless commentators, never considering that fact that they might be even less competent then himself.

Every review of Mann's work has exonerated him, his results have been confirmed, the data has indeed been available, the methods are published and vetted: those are the most basic facts. Mann may well be guilty of accurately describing his prosecuters, but people don't realize how difficult it can be to hold one's tongue when dealing with such utter idiots.

I have yet to see an climate cynic argument that held water: as soon as you start looking into the publish scientific research and basic-public domain knowledge, you see that the cynic's arguments are nothing but misunderstood theories, misrepresented data, misused statistics, and misquoted authorities.

Cuccinelli: yet another sad victim of a cerebrally impacted cloaca.

Posted by: Denswei | August 30, 2010 5:37 PM | Report abuse

Funny. I thought the basis for scientific finding was to fully publish your initial data, your work and your claimed results. This would allow others to repeat you experimentation, free from your observational biases, and come to their own results to either prove (through repeatability) your theory or find your mistakes in method.

Why would an Attorney General need a subpoena to get information that should be published? Is scientific finding, especially one on which Trillions of public funding will be allocated to on the basis of the "problems" claimed to be discovered, now suddenly no longer serving to be examined openly and freely? Is the profit motive for climate change so great that we should allow self-proclaimed expertise and appointment from a body of higher education (who, coincidentally, stands to profit from that granted title and unsubstantiated work) to be the sole source of veracity for these or any ideas?

Perhaps, as a service to we unwashed masses, the professor could make freely and openly available the raw data, the theories, the methodologies, the resultant data, the conclusions, and the assumptions for driving his models and reports? I understand that it may be too complex for our small brains to comprehend. Such openness may just remove the spectre of doubt so many of us have in so called "climate research".

Or, perhaps, since their models and methods are so precise, we could predict the minute by minute movements of one Hurricane Earl, rather than a statistical swath.

Good luck, AG Cuccinelli! I have a feeling that UVA and Dr. Mann will fight to the bitter end to protect their profit, and ignore public and scientific interest. Those attending this establishment, and those whose sons or daughters are considering attendance, should take note of these shameful actions.

"No one should approach the temple of science with the soul of a money change" -Sir Thomas Browne

Posted by: waterloom | August 30, 2010 5:39 PM | Report abuse

Waterloon, Mann's work has been published in peer-reviewed journals, critiqued by competent scientists, and replicated by independent researchers. Perhaps if you'd get your head out of the clueless commentator echo-chamber and take a look at the readily available facts out here in the real world, you might learn something.

Posted by: Denswei | August 30, 2010 5:43 PM | Report abuse

It is amazing that the most vocal critics of global warming are themselves believers in idiotic things such as some god, jesus etc. Simply amazing.

Posted by: johng1 | August 30, 2010 5:44 PM | Report abuse

Oh snap, Sas!

Posted by: Nosy_Parker | August 30, 2010 5:45 PM | Report abuse

Maybe when his term is up, the AG can go to work for the Vatican and convince them to reopen the investigation of Galileo for his finding that the earth is not the center of the universe.

Posted by: rschulman | August 30, 2010 5:50 PM | Report abuse

"Good luck, AG Cuccinelli! I have a feeling that UVA and Dr. Mann will fight to the bitter end to protect their profit, and ignore public and scientific interest. Those attending this establishment, and those whose sons or daughters are considering attendance, should take note of these shameful actions."

Yes, people considering attending universities in Virginia should take note of the political witch-hunting that the elected officals in VA pursue, and whether or not they want to be subjected to such indignities. Global Warming is an accepted scientific fact. Every legitimate scientist in the world accepts global warming as a fact. Just as every legitimate scientist in the world accepts evolution as the mechanism through which he came to be.

Would you let a car mechanic perform surgery on you? Would you let a lawyer cut your hair?

You right-wing tards continously scream that businesses knows better than government how to run their businesses. But on this particular issue, for some reason, you trust a religious, partisan, conservative, right-wing, lawyer-politican nutjob's opinion about a scientific matter more than the entire scientific community? Real consistent, a$shats.

Posted by: JoeMck | August 30, 2010 5:51 PM | Report abuse

YESSS!!!!

Kookinelli exposed for the fraud he is!

Posted by: solsticebelle | August 30, 2010 5:54 PM | Report abuse

Well-reasoned legal decision 1, Cooch 0

Posted by: thebone | August 30, 2010 5:56 PM | Report abuse

.

Hey Democrats,

The Intergovernmental Panel on Climate Change, set up 22 years ago to provide science advice to governments as they try to deal with global warming, needs to overhaul the way it runs itself, according to a report released Monday. Among those needs: more transparency; a rigorous set of conflict-of-interest rules; wider representation of dissenting views among practicing climate scientists in its final reports; and a limit on the number of reports scientists can take a lead role in producing. The review and its recommendations come from a panel made up of 12 experts from 10 countries. The members were selected by the InterAcademy Council, an organization representing 15 national academies of science in developed and developing countries. The review panel, assembled in May at the request of UN Secretary-General Ban Ki-Moon and IPCC Chairman Rajendra Pachauri, did not address the science of global warming itself. Instead, it focused on management issues raised in controversies that erupted during and after the IPCC issued it last set of climate reports in 2007.

BYE BYE

DEMOCRATS

.

Posted by: kstobbe1 | August 30, 2010 5:58 PM | Report abuse

Readers might want to go here:

http://www.meteo.psu.edu/~mann/Mann/cv/cv.html

to see Dr. Mann's curriculum vitae. He is one of the most eminent climate scientists in the world. It makes me fearful for our country that a nobody like Cuccinelli has the power to harass eminent scientists simply because he doesn't understand what they do. Something of a throwback to Galileo and the Inquisition.

Posted by: topperale | August 30, 2010 6:06 PM | Report abuse

"Hey Democrats,

The Intergovernmental Panel on Climate Change, set up 22 years ago to provide science advice to governments as they try to deal with global warming, needs to overhaul the way it runs itself, "

Way to lift words directly from a Christian Science Monitor Article. No Bias there. And even if every word is true. So What? Said article in it's entirety doesn't prove that the Professor committed fraud, nor does the article cast doubt on Global Warming. Lets not mention that fact that this is the scientific community self-correcting it's own biases. If anything this bolsters the case for using the scientific method, which, again, has repeatedly shown that Global Warming is a fact.

Posted by: JoeMck | August 30, 2010 6:08 PM | Report abuse

"Good luck, AG Cuccinelli! I have a feeling that UVA and Dr. Mann will fight to the bitter end to protect their profit, and ignore public and scientific interest."

I don't believe that UVA and this professor are ignoring public interest for profit motive.

BUT if they were/are, Great. Isn't that the way you hypocrites like it. According to you Capitalism, Greed, and profit motive should be the primary mechanism guiding our society....right? Government can't do anything right...But Greedy CEO's they have your interests at heart right? But this one issue, well the experts can't be trusted because they have a profit motive. Again way to show yourselves as Glenn Beck's and Kooky's Sheep.

Posted by: JoeMck | August 30, 2010 6:16 PM | Report abuse

Some of you criticize the attorney general for wasting money in this investigation. Apparently you don't care whether Michael Mann committed fraud. Yes, I know that his peers at Penn State gave him a pat on the back and told him not to do it again. But that does not mean Mann did not take money from the commonwealth of Virginia under false pretenses. If he was supposed to use the money for scientific research, but instead used it to produce doctored data in support of a pre-determined outcome, then clearly he should return the stolen money.

Posted by: JBaustian | August 30, 2010 6:38 PM | Report abuse

I'm glad the court put a leash on one of the stupid things he's done. Too bad there are so many more. I had no idea he was going to act like such a radical right wing extremist when he was elected.

Posted by: Nymous | August 30, 2010 6:41 PM | Report abuse

With any luck, Coochi-Coochie's political ambitions will be seriously stymied by this correct ruling.

But he will still be Governor McProtestant's beard for the Gov's Bible-based agendas.

Posted by: kinkysr | August 30, 2010 6:48 PM | Report abuse

Somebody mention Virginia taxes?

How about $2 billion tax-dollars wasted on Northrop Grumman's unworkable computer system that has paralyzed the state's Department of Motor Vehicles for a week with no end in sight?

And gee, for another $400 million, the contractor will gladly cancel the contract.

I know.

Gov. McChrist's booze-store privatization will help with riding us of that pesky ol' computer system.

Posted by: kinkysr | August 30, 2010 6:57 PM | Report abuse

Our new attorney general is quite a character. I doubt that this is at the top of his list of priorities (I hope I'm right), but it is interesting to know what he thinks about in his spare time. It is also very clever. The debate won, his work peer reviewed, and found blameless, our unwitting professor sits back in a state of unguarded contentment. But the People of the Book never sleep. While the professor believes that data, reason, and the scientific method have won the day, the fundamentalist knows that this latest loss to the forces of Satan here on Earth is all part of God's great plan, at the end of which he will reveal his glory. And who are the people of this Commonwealth to complain when the Lord chooses to use Attorney General Cuccinelli to this end. On second thought, if one thinks of the situation from that perspective, perhaps non-believing professors should be high on the AG's list of priorities. Of course, if the prosecution of academics is God's idea, then Mr. Cuccinelli isn't that clever afterall.

J

Posted by: JPHemingway | August 30, 2010 7:38 PM | Report abuse

Can we ask the Attorney General to sue Ken Cuccinelli for wasting taxpayer dollars and abusing the citizens of Virginia? We could call it Cuccinelli vs Cuccinelli.

Posted by: pgcorky | August 30, 2010 7:49 PM | Report abuse

not to worry, I'm sure another way will be found legally to get those records...

Posted by: DwightCollins | August 30, 2010 7:52 PM | Report abuse

"Mann is already a joke and a loser in alot of peoples eyes.

"Posted by: robtr | August 30, 2010 2:21 PM"

If those people are science-hating flat-earthers, sure.

Posted by: kingcranky | August 30, 2010 7:54 PM | Report abuse

If it takes a subpoena for a member of the government to attain research from a government funded study - there was fraud.

Posted by: CoryG | August 30, 2010 7:57 PM | Report abuse

"The World Climate is too important for gamesmanship ~ get it all out in the open where we can see it!

Posted by: muawiyah "

It IS out in the open where we can see it! Just look out the window, and there's the world climate.

Posted by: thrh | August 30, 2010 8:11 PM | Report abuse

Is Cuccinelli on the Koch Brothers payroll? Isn't it pretty clear now that the whole "global warming skepticism" movement is funded by Koch Industries, who hate any environmental regulation or oversight, and have extravagantly funded loud but intellectually lightweight "scientists" to do their dirty work?

Posted by: frodot | August 30, 2010 8:16 PM | Report abuse

He is an embarrassment to Virginia and his politically motivated investigations and lawsuits are a waste of our money. I hope that he has already seen the high point of his career.

Posted by: rhc52 | August 30, 2010 8:28 PM | Report abuse

In response to -- muawiyah -- who posted "As a graduate of the University of Virginia let me say how utterly embarrassed I am to find the University administration taking actions to coverup Dr. Mann's perfidy and dishonesty.

Frankly, UVA should allow the state to review any and all records to get to the bottom of this and allow them to proceed in development of an indictment that will guarantee a conviction and the sending of Dr. Mann to prison for life.

Any who enabled him in this fraud at whatever level or capacity should also be prosecuted, convicted and stuffed into nasty cells somewhere.

The World Climate is too important for gamesmanship ~ get it all out in the open where we can see it!"

-----------------------------------

The above saddens me greatly. First - the poster has found Prof. Mann guilty even though the professor was cleared on all charges that I'm aware of. Specifically:

- "The four-month internal investigation by Pennsylvania State University found no evidence for charges made by climate sceptics that Mann had violated university ethics. The committee cleared Mann of the much more serious charges of falsifying and manipulating data last February."

Secondly -- the Virginia AG is well known for his vicious and unfounded attacks on liberals, free thinkers and any that would in any way cause him to "think" outside the box he lives in. Examples: (i) going after VA universities on the gay issue, (ii) going after students because they wanted to have an educational event on sex, and many others that are easily found by searching on his name.

The one that needs to be investigated and tried for fraud is the Virginia AG. He is a fraud, he is wasting our money with his religious witch hunts.

Posted by: Freethotlib | August 30, 2010 8:52 PM | Report abuse

Freethotlib ~ let me say first that Mann can be effectively cleared ONLY in an open court before an impartial jury.

The fact that he's fighting tooth and nail to avoid trial, and he has officials at Penn State and UVA covering up for him is very, very disturbing. It should be disturbing to everybody.

Now, will UVA run out of homosexuals any time soon? I doubt it ~ to my untrained eye (like I went to school where they have the Kinsey Institute as well, and more gays than you've ever seen) UVA is not short of that species ~ they are alive, well, and numerous so cruise on down eh!

As far as The Cooch being tough on "free thinkers", that's absolutely not so. He, himself, is quite a free thinker, as am I, but we both have this decided distaste for thieves, stealing and the fools who try to hide it from us.

if Mann has the goods let him use that to defend him. Otherwise, since it was my tax dollars at work in his pocket, I feel a very paternalistic interest in GETTING THE MONEY BACK and am being forced to accept, possibly a bit prematurely, the idea that he's guilty as charged.

Best we resolve this in court and not in the newspapers eh!

Posted by: muawiyah | August 30, 2010 9:18 PM | Report abuse

TomServo ~ sorry Tom, some of us are not as narrow minded and ideologically blinded as others.

Frankly I don't like what this puke Mann did to Dr. Michaels, and I don't like theft.

Time for Mann to defend himself in court.

Posted by: muawiyah | August 30, 2010 9:26 PM | Report abuse

B2O2 ~ Gee whiz, if you want to find Virginia politicians comparable to the mullahs in Afghanistan you might take a look at Jim Moran, the Democrat fuzzbrain who accepted campaign funds from an individual with an AlQaida relationship, and when called on the matter refused to return the money!

You Democrats ~ so stupid and yet so numerous. I fear for the future unless you are all fixed!

Posted by: muawiyah | August 30, 2010 9:30 PM | Report abuse

COOLCHILLY ~ all the Western nations signed on to the Peace of Westphalia.

Among other things elimated were church dominance of states, and the use of religious differences as an excuse to make war.

You should study the matter ~ this was how the 30 Years War was ended.

Although I'm not surprised to find Leftwingtards wanting to use "religion" or the lack thereof as a motivation for making war on other people I don't think the Catholic Church is in any position to repudiate the Peace of Westphalia ~ the Pope himself agreed to it, and through the centuries the Vatican has given every sign of keeping its side of the deal.

it would be good if you Leftwingtards would learn to be as upstanding as these various Popes since then.

it would also be nice for you to get to be as well educated as a storefront preacher in the inner city.

Anything ~ just so you can speak knowledgeably of these matters rather than to mouth your mantras.


Posted by: muawiyah | August 30, 2010 9:36 PM | Report abuse

Talk about stupid, muawiyah. You don't even understand how science is done. Hint--when I write a paper on excited state dynamics of phthalocyanines, I don't go to trial. And the AG of the state where I reside isn't one of the referees.

Perhaps you'll be calling for a trial of Michael Graetzel next. Hmm?

BB

Posted by: FairlingtonBlade | August 30, 2010 9:59 PM | Report abuse

FairlingtonBlade ~ when you write up a paper requesting funds from the gub'mnt to do future research and then you make your data up willy nilly to fit your computer model so that you get the result you planned, you may well have committed simple fraud.

Such questions are addressed in the judicial branch of government, not in the faculty lounge.

Remember, tax dollars are MY dollars, not YOUR dollars, and if you ever forget that and just waste the money and produce obviously fraudulent piece of propaganda I might want MY dollars back, even if they have to come out of YOUR hide.

Capice?~!

Posted by: muawiyah | August 30, 2010 10:31 PM | Report abuse

Regarding Michael Graetzel do you have reason to believe he's commited fraud?

I'm sure Deutschland and Francia have a sufficient number of prosecutors to put him away for however long it takes to purge yourself of crimes in those countries.

Now, do you write your own stuff or did you get a grad student to whip up a response?

Posted by: muawiyah | August 30, 2010 10:35 PM | Report abuse

Yeah, but you need something other than "I don't like the results these edjumicated science folk are getting" to accuse someone of fraud. Cuccinelli was probably sick the day they taught law at law school, especially when he seems to think that having his subpoenas quashed without prejudice constitutes mostly a victory in his favor.."While this was not an outright ruling in our favor,"

Posted by: kreuz_missile | August 30, 2010 10:41 PM | Report abuse

kreuz_missile ~ not quite sure you are making sense there and it's not because I don't understand what you said.

Mann needs to answer for how he used tax dollars in his supposed research.

Remember, he's the guy who came up with the UNREPRODUCIBLE "hockeystick" shaped graph.

People on all sides of the issues at hand know that.

Look, when you start excusing the misrepresentation of facts to qualify for limited government funding resources, you are engaging in something worse than "academic fraud" ~ you are simply condoning and encouraging further theft.

That sort of thing will get your university or your laboratory blacklisted, and the principals prosecuted for real crimes.

Frankly i love the odor of guilty perps being prosecuted in the morning, don't you?

Or do you?

Posted by: muawiyah | August 30, 2010 10:52 PM | Report abuse

"it would also be nice for you to get to be as well educated as a storefront preacher in the inner city.

"Anything ~ just so you can speak knowledgeably of these matters rather than to mouth your mantras.

"Posted by: muawiyah | August 30, 2010 9:36 PM"

You should take your own advice, as you're the last person who should throw the above rhetoric at anyone else.

Posted by: kingcranky | August 30, 2010 11:14 PM | Report abuse

kingcranky ~ I'm sorry, but you leftwingtards are all the time out there tossing names at people right at the beginning of arguments you don't think you can win, so I think turnabout is fairplay.

Still, most of your funny little gumbahs on this thread have not quite figured out what happened.

The Cooch is taking out your boy ~ so you'll have to give up Mann worship.

Next, your crazy Hindu guy who worships the goddess whose mother of the Sun god ~ now he has a real take on research into whether or not the Sun changes its energy levels ~ he actually STOPPED publication of a report at the UN that said "hey, the Sun's energy output varies".

Lot of science stuff on your side ~ Hahahahahahahah!!!!!!!!!!!!!!

Posted by: muawiyah | August 30, 2010 11:26 PM | Report abuse

Is the new slogan "Virginia is for Witches"? Look out Repugnants. Kook might try to flog and dunk you next if you dare to disagree with him.

Posted by: 1observer | August 30, 2010 11:55 PM | Report abuse

Right Wingers' denial of climate change stems from their burning hatred of Al Gore. You can't get into a discussion of the topic for more than two minutes without them invoking the former Vice President.

Posted by: franko2 | August 31, 2010 12:30 AM | Report abuse

You really should hit Google before slinging insults, muawiyah. Graetzel is based in Switzerland.

Simply because you have access to a keyboard doesn't make you any kind of authority.

BTW - Plenty of research is done outside of universities. And much not funded by tax dollars. And stupid threats by a typist don't impress me much.

BB

Posted by: FairlingtonBlade | August 31, 2010 2:19 AM | Report abuse

@Bowie, you insurance is very costly you can save money on your auto insurance by making few simple changes find how much you can save http://bit.ly/ah5Jjm

Posted by: martincruz31 | August 31, 2010 2:56 AM | Report abuse

FairlingtonBlade ~ fine Graetzel is based in Switzerland ~ so is Nestle. That doesn't keep him from having interests in Germany and France.

At some point those bad boys are going to look around closely and say "Hey, what have we been wasting money on and is there any fraud involved" and he could show up eh.

What I don't understand is why you people are so anxious to leap to the defense of Mann. if you've read the papers on the net about the acquisition of the tree ring samples, and how Mann could NOT get more recent samples due to serious climate change in the vicinity where he got the first ones, you'd have your own questions.

(NOTE: The original trees were on top the hills. The climate got colder; the trees died; they got washed away; only trees at the bottom of the hills were available. Hmmmm? Change in microclimate ~ you need to look at that ~ see if the scientific method was followed ~ and that Mann didn't just make it all up)

Even your boy Hansen DUMPED all the African and South American data ~ ALL OF IT. It's no good. Not that it's made up, but it's no good due to a lack of control. He didn't do that because you people begged him to clean up the data base.

Mann, if he can be defended, can come forward and throw himself on the mercy of the court.

Posted by: muawiyah | August 31, 2010 7:56 AM | Report abuse

Cuccinelli needs some pointers on how to conduct a witch hunt. He can start here:
http://www.youtube.com/watch?v=yp_l5ntikaU

Posted by: DonAlbertson | August 31, 2010 8:16 AM | Report abuse

muawiyah

We're probably talking past one another, but it's been illuminating. [And sorry for the typist crack. Taken from an Adam Moore comic.]

My objection is that this is harassment. Cucci knows he'll never have a chance of convicting anyone of fraud. Any expert witness would blow him out of the water. He can, however, cost UVa and any scientist who dares cross him a LOT of money. What's to stop him there? Why not subpoena the entire biology department over evolution? Go after any William & Mary professor involved in voter rights. He would destroy the UVa system to get his jollies as there would be an exodus of the top scientists.

I've been part of a few scientific controversies. They're a bit obscure and so not worth exploring here. I'm assuming you don't have any burning passions about the binding energy of excitons. There was also a notorious case of real academic fraud in the field--Hendrik Schoen.

What you and Cuccinelli imagine is not merely fraud. It is an unbelievably gargantuan conspiracy. There's always a young gun out there who can prove his or her reputation by taking down conventional wisdom.

BB

Posted by: FairlingtonBlade | August 31, 2010 11:07 PM | Report abuse

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