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Judge Quashes Subpoena of UVA Research Records

esocid writes "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. He also set aside the subpoena without prejudice, meaning Cuccinelli can rewrite it to better explain why he wants to investigate, but seemed skeptical about the underlying claim of fraud. The ruling is a major blow for Cuccinelli, a global warming skeptic who had maintained he was investigating whether Mann committed fraud in seeking government money for research that showed the earth has experienced a rapid, recent warming. Mann, now at Penn State University, worked at U-Va. until 2005. '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. The ruling also limited Cuccinelli to asking about only one of the five grants issued, which was the only one using state funds."

6 of 293 comments (clear)

  1. Re:Who's your crack dealer? by bunratty · · Score: 0, Flamebait

    Ah, I see. Characterize the people who are asking for reduced carbon dioxide emissions as hysterical alarmists. Good counter argument!

    To get back to reality, Governor Schwarzenegger, President Obama and the U.S. Senate all have taken steps toward reducing carbon dioxide emissions. Even more has been done in Europe.

    --
    What a fool believes, he sees, no wise man has the power to reason away.
  2. Re:Judge Does Something Smart? by CronoCloud · · Score: 1, Flamebait

    It's an age/affluence thing. Around here, most city council/county board position holders are either semi-retired or have upper middle class/upper class jobs that they can give them plenty of leave/sabbaticals/time off. If you're say, an executive at a heavy equipment company, they'll give you whatever time you need, because they know you will favor their interests.

  3. Re:Yes, very disturbing by ArcherB · · Score: 0, Flamebait

    Eh? It seems to me that it comes down to needing a subpoena in order to get access to a public employee's work product.

    If you want to talk scary, that's scary. Mann worked/works for public universities paid for with tax dollars. Explain why getting access to anything that he does while on tax payer time isn't as simple as saying "hey dude, can we see your work?"

    Good point. Any work paid for by public funds needs to be public information, national security stuff excluded.

    May I also point out that if this had been research on anything, say, that Bush supported and this happened four years ago, you'd have everyone on here screaming, "CONSPIRACY!!!"

    --
    There is no "I disagree" mod for a reason. Flamebait, Troll, and Overrated are not substitutes.
  4. Re:Transparency rules for thee but not for me by SnarfQuest · · Score: 0, Flamebait

    Not allowing publication of papers in disagreement with your conclusions does not mean that your science is valid. Sticking your fingers in your ears and yelling "la la la la" doesn't make your stand correct. The fact that the sun (with it's current strange sunspot activity) is considered to have absolutely no effect on the Earths climate seems odd to me, but you must believe this to be a true GW fanatic. The fact that other planets are seeing similar effects is also considered off-topic. Hiding information so that nobody else can replicate your findings is considered good science.

    --
    Who would win this election: Andrew Weiner vs Andrew Weiner's weiner.
  5. Re:Politics And Science Don't Mix by ShakaUVM · · Score: 0, Flamebait

    >>100% of reputable research supports the conclusion that mans efforts at living the good life have effected the climate

    The scientific consensus is that excessive CO2 production is causing global warming. It doesn't say anything about living the good life - that's a step beyond the science, but one which green nutcases and pocket Hitlers like to jump to. It's quite possible to run American society at half the CO2 production without compromising our way of life at all, or with significant expense.

    While this fact makes the pocket Hitlers sad (they cry lonesome emo tears when they realize they won't be able to mock people for driving SUVs any more), for sane people this is something to celebrate.

  6. Re:Politics And Science Don't Mix by Troed · · Score: 0, Flamebait

    If we take their advise and continue to burn the known coal reserves over the next 100-200yrs then we will have a change similar to the prehistoric vulcanisim event that turned the oceans acidic and wiped out 90% of extant species

    No, actually not even close, and why would you want us to burn coal when solar power is on a development curve that will in just a few decades supply us with all the energy we need?

    Why are you anti-science? :(