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Fwd: TIMELINE ON Cuccinelli's AGGRESSION AGAINST climate scientist Michael Mann
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Jean
Mar 26, 2012, 1:05:11 PM3/26/12
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> From: Earl Evleth <evl...@wanadoo.fr>
> Subject: TIMELINE ON Cuccinelli's AGGRESSION AGAINST climate scientist
> Michael Mann
> Date: Sun, 25 Mar 2012 19:11:11 +0200
> Newsgroups: soc.retirement
> Message-ID: <CB951E4F.21A017%evl...@wanadoo.fr>
>
> (OF NOTE IS THAT THE UNIVERSITY SPENT OVER $500,000 DEFENDING ITSELF
> FROM THE AGGESSIONS OF Cuccinelli, FOR A GRANT WHICH WAS $214,000
> TEA PARTY ECONOMICS AT WORK.
>
> Starting in April 2010, climate scientist Michael Mann has been subjected to
> a campaign of harassment, first by Virginia Attorney General Ken Cuccinelli,
> who has filed subpoenas demanding that the University of Virginia produce
> documents related to Mannąs time there, and later by the American Tradition
> Institute, a free-market think tank, which has sought identical materials
> through a Freedom of Information Act (FOIA) request.
>
> UCS has assembled the following timeline of events, editorial comments and
> statements from scientists, academics and other groups related to these
> attacks.
>
> March 2
> The Virginia Supreme Court rules in the University of Virginia's favor in
> the Mann case, with the majority finding that the university is not a
> "person" as defined in the Fraud Against Taxpayers Act (FATA), and therefore
> the Attorney General has no authority under the Act to make civil
> investigative demands (CIDs) of the university. (See UCS press release.)
>
> anuary 25
> The Climate Science Legal Defense Fund officially launches and forms a
> partnership with Public Employees for Environmental Responsibility. The fund
> will educate the scientific community about their rights and
> responsibilities and provide financial support and legal counsel to climate
> scientists facing litigation.
>
> January 12, 2012
> Attorney General Ken Cuccinelli and University of Virginia lawyers present
> oral arguments about the ability of the attorney general to subpoena Michael
> Mannąs private correspondence. The Courtąs decision will likely come on
> March 2, 2012.
>
> December 16
> The Supreme Court of Virginia schedules oral argument in Kenneth T.
> Cuccinelli, II, in his capacity as Attorney General of Virginia v. Rector
> and Visitors of the University of Virginia for January 12, 2012.
>
> November 1
> Virginia Circuit Court Judge Gaylord Finch grants Mann standing to challenge
> ATI's attempts to access his private correspondence. The judge voids the
> flawed agreement between UVA and ATI and instructs the two parties to agree
> to a neutral arbiter who will determine which emails should be disclosed.
> UVA and ATI are given until December 20 to come to an agreement.
>
> October 24
> The American Tradition Institute files a series of documents ahead of a
> November 1 hearing, including their opposition to amending the protective
> order, affidavits from attorneys Chris Horner and David Schnare, and
> supporting exhibits.
>
> October 18
> UVA files a petition with the court to alter the protective order, agreeing
> that it would be inappropriate to disclose exempt emails to ATI. In a
> supporting memorandum and a more extensive affidavit, UVA attorney Richard
> Kast outlines two concerns: first, regarding statements that ATI attorneys
> made on their website and in the press, and second, regarding how ATI
> attorney David Schnare represented his employment with the United States
> Environmental Protection Agency.
>
> October 18
> The American Association of University Professors (AAUP) files an amicus
> letter in support of Mann's motion to intervene in the ATI case, asserting
> that the University of Virginia's agreement to the May 24 protective order
> "does not adequately balance" the interests of freedom of information and
> employee privacy.
>
> September 16
> The judge hearing the ATI FOIA case agrees to hear arguments from Mann
> regarding his right to intervene in the ATI/UVA agreement. The hearing will
> be hold on November 1.
>
> September 8
> The American Constitution Society for Law and Policy publishes an issue
> brief by AAUP Senior Counsel Rachel Levinson-Waldman regarding the open
> records case, "Academic Freedom and the Public's Right to Know: How to
> Counter the Chilling Effect of FOIA Requests on Scholarship."
>
> September 2
> Michael Mann files a motion to intervene in the ATI case and objects to a
> court agreement that would allow ATI to review scientists' private
> correspondence. The court schedules a hearing for September 16 to consider
> the motion.
>
> August 15
> The National Science Foundation (NSF) releases a document closing its
> inquiry into allegations against Mann, finding no evidence of research
> misconduct.
>
> August 10
> UCS, the American Association of University Professors, American Geophysical
> Union and Climate Science Watch send a letter to University of Virginia
> President Teresa A. Sullivan urging the university to alter the May 24
> protective order (see below). The groups argue that the university is slated
> to unnecessarily disclose exempt documents, including private correspondence
> among scientists, to ATI.
>
> May 29
> The Washington Post publishes an editorial condemning the ATI VFOIA request
> and urging UVA to use every exemption available.
>
> May 24
> The American Tradition Institute and University of Virginia enter into a
> protective order, which lays out how the university should handle documents,
> including private correspondence among scientists, related to ATIąs freedom
> of information act request.
>
> April 26
> UCS and three other organizations (the American Association of University
> Professors, the American Civil Liberties Union of Virginia, and the Thomas
> Jefferson Center for the Protection of Free Expression) file an amicus brief
> with the Supreme Court of Virginia opposing the Attorney Generaląs appeal.
>
> April 21
> UVA President Teresa A. Sullivan responds to April 14 coalition letter
> regarding Freedom of Information Act requests, stating that the University
> will follow the law while committing to the interests of faculty in academic
> freedom and scholarship.
>
> April 14
> Twelve public interest organizations, including UCS, send a letter to
> University of Virginia (UVA) President Teresa A. Sullivan urging the
> university to ł[balance] the interests in public disclosure against the
> public interest in academic freedom˛ in its response to a Virginia Freedom
> of Information Act (VFOIA) request related to Mannąs work. UCS follows the
> letter with a statement that expands on the letter's message.
>
> March 4
> The Supreme Court of Virginia agrees to hear the attorney generaląs appeal.
>
> January 12
> The University of Virginia begins negotiations with the American Tradition
> Institute over the time, scope, and payment for processing their January 6th
> FOIA request.
>
> January 7
> The University of Virginia responds to the attorney general's appeal to the
> Virginia Supreme Court.
>
> January 6, 2011
> The American Tradition Institute, a free-market think tank that routinely
> attacks climate scientists and refuses to accept the scientific consensus on
> climate change, submits a Freedom of Information Act Request to the
> University of Virginia for the same personal correspondence that Attorney
> General Cuccinelli is seeking through his subpoenas. The Washington Post
> notes that the American Tradition Institute has affiliations with the
> Competitive Enterprise Institute and Exxon Mobil, both of which have sown
> doubt about climate science in the past.
>
> December 15
> Attorney General Cuccinelli submits a brief to the Virginia Supreme Court
> appealing the decision of a circuit court judge who threw out the original
> subpoenas for lack of merit.
>
> October 20
> In a court filing responding to the latest subpoena, UVA argues that the
> attorney general's investigation is łan unprecedented and improper
> governmental intrusion into ongoing scientific research.˛ The filing points
> out that Cuccinelliąs latest demands repeat the same arguments rejected by
> the county court in August. UVA also asks the court to place the case on
> hold to conserve UVa and state resources, while the Virginia Supreme Court
> resolves the attorney generaląs appeal of the August decision.
>
> UCS subsequently releases a statement asserting that the attorney general is
> "abusing his power to fight a public relations war against scientific
> findings" and expressing dismay at the ongoing waste of taxpayer and
> university funds.
>
>
> (AND MUCH MORE)
>
>
>
> http://www.ucsusa.org/scientific_integrity/abuses_of_science/va-ag-timeline.
> html
>
>
>
>
>
>
>
>
--
Politicians Swinging Stethoscopes By GAIL COLLINS http://www.goo.gl/qfJN7
Laugh at the President's Bracket http://www.goo.gl/FM2tJ
Womenąs Health Should NOT Be Managed By Chicken Farmers http://goo.gl/MOzLb
> Subject: TIMELINE ON Cuccinelli's AGGRESSION AGAINST climate scientist
> Michael Mann
> Date: Sun, 25 Mar 2012 19:11:11 +0200
> Newsgroups: soc.retirement
> Message-ID: <CB951E4F.21A017%evl...@wanadoo.fr>
>
> (OF NOTE IS THAT THE UNIVERSITY SPENT OVER $500,000 DEFENDING ITSELF
> FROM THE AGGESSIONS OF Cuccinelli, FOR A GRANT WHICH WAS $214,000
> TEA PARTY ECONOMICS AT WORK.
>
> Starting in April 2010, climate scientist Michael Mann has been subjected to
> a campaign of harassment, first by Virginia Attorney General Ken Cuccinelli,
> who has filed subpoenas demanding that the University of Virginia produce
> documents related to Mannąs time there, and later by the American Tradition
> Institute, a free-market think tank, which has sought identical materials
> through a Freedom of Information Act (FOIA) request.
>
> UCS has assembled the following timeline of events, editorial comments and
> statements from scientists, academics and other groups related to these
> attacks.
>
> March 2
> The Virginia Supreme Court rules in the University of Virginia's favor in
> the Mann case, with the majority finding that the university is not a
> "person" as defined in the Fraud Against Taxpayers Act (FATA), and therefore
> the Attorney General has no authority under the Act to make civil
> investigative demands (CIDs) of the university. (See UCS press release.)
>
> anuary 25
> The Climate Science Legal Defense Fund officially launches and forms a
> partnership with Public Employees for Environmental Responsibility. The fund
> will educate the scientific community about their rights and
> responsibilities and provide financial support and legal counsel to climate
> scientists facing litigation.
>
> January 12, 2012
> Attorney General Ken Cuccinelli and University of Virginia lawyers present
> oral arguments about the ability of the attorney general to subpoena Michael
> Mannąs private correspondence. The Courtąs decision will likely come on
> March 2, 2012.
>
> December 16
> The Supreme Court of Virginia schedules oral argument in Kenneth T.
> Cuccinelli, II, in his capacity as Attorney General of Virginia v. Rector
> and Visitors of the University of Virginia for January 12, 2012.
>
> November 1
> Virginia Circuit Court Judge Gaylord Finch grants Mann standing to challenge
> ATI's attempts to access his private correspondence. The judge voids the
> flawed agreement between UVA and ATI and instructs the two parties to agree
> to a neutral arbiter who will determine which emails should be disclosed.
> UVA and ATI are given until December 20 to come to an agreement.
>
> October 24
> The American Tradition Institute files a series of documents ahead of a
> November 1 hearing, including their opposition to amending the protective
> order, affidavits from attorneys Chris Horner and David Schnare, and
> supporting exhibits.
>
> October 18
> UVA files a petition with the court to alter the protective order, agreeing
> that it would be inappropriate to disclose exempt emails to ATI. In a
> supporting memorandum and a more extensive affidavit, UVA attorney Richard
> Kast outlines two concerns: first, regarding statements that ATI attorneys
> made on their website and in the press, and second, regarding how ATI
> attorney David Schnare represented his employment with the United States
> Environmental Protection Agency.
>
> October 18
> The American Association of University Professors (AAUP) files an amicus
> letter in support of Mann's motion to intervene in the ATI case, asserting
> that the University of Virginia's agreement to the May 24 protective order
> "does not adequately balance" the interests of freedom of information and
> employee privacy.
>
> September 16
> The judge hearing the ATI FOIA case agrees to hear arguments from Mann
> regarding his right to intervene in the ATI/UVA agreement. The hearing will
> be hold on November 1.
>
> September 8
> The American Constitution Society for Law and Policy publishes an issue
> brief by AAUP Senior Counsel Rachel Levinson-Waldman regarding the open
> records case, "Academic Freedom and the Public's Right to Know: How to
> Counter the Chilling Effect of FOIA Requests on Scholarship."
>
> September 2
> Michael Mann files a motion to intervene in the ATI case and objects to a
> court agreement that would allow ATI to review scientists' private
> correspondence. The court schedules a hearing for September 16 to consider
> the motion.
>
> August 15
> The National Science Foundation (NSF) releases a document closing its
> inquiry into allegations against Mann, finding no evidence of research
> misconduct.
>
> August 10
> UCS, the American Association of University Professors, American Geophysical
> Union and Climate Science Watch send a letter to University of Virginia
> President Teresa A. Sullivan urging the university to alter the May 24
> protective order (see below). The groups argue that the university is slated
> to unnecessarily disclose exempt documents, including private correspondence
> among scientists, to ATI.
>
> May 29
> The Washington Post publishes an editorial condemning the ATI VFOIA request
> and urging UVA to use every exemption available.
>
> May 24
> The American Tradition Institute and University of Virginia enter into a
> protective order, which lays out how the university should handle documents,
> including private correspondence among scientists, related to ATIąs freedom
> of information act request.
>
> April 26
> UCS and three other organizations (the American Association of University
> Professors, the American Civil Liberties Union of Virginia, and the Thomas
> Jefferson Center for the Protection of Free Expression) file an amicus brief
> with the Supreme Court of Virginia opposing the Attorney Generaląs appeal.
>
> April 21
> UVA President Teresa A. Sullivan responds to April 14 coalition letter
> regarding Freedom of Information Act requests, stating that the University
> will follow the law while committing to the interests of faculty in academic
> freedom and scholarship.
>
> April 14
> Twelve public interest organizations, including UCS, send a letter to
> University of Virginia (UVA) President Teresa A. Sullivan urging the
> university to ł[balance] the interests in public disclosure against the
> public interest in academic freedom˛ in its response to a Virginia Freedom
> of Information Act (VFOIA) request related to Mannąs work. UCS follows the
> letter with a statement that expands on the letter's message.
>
> March 4
> The Supreme Court of Virginia agrees to hear the attorney generaląs appeal.
>
> January 12
> The University of Virginia begins negotiations with the American Tradition
> Institute over the time, scope, and payment for processing their January 6th
> FOIA request.
>
> January 7
> The University of Virginia responds to the attorney general's appeal to the
> Virginia Supreme Court.
>
> January 6, 2011
> The American Tradition Institute, a free-market think tank that routinely
> attacks climate scientists and refuses to accept the scientific consensus on
> climate change, submits a Freedom of Information Act Request to the
> University of Virginia for the same personal correspondence that Attorney
> General Cuccinelli is seeking through his subpoenas. The Washington Post
> notes that the American Tradition Institute has affiliations with the
> Competitive Enterprise Institute and Exxon Mobil, both of which have sown
> doubt about climate science in the past.
>
> December 15
> Attorney General Cuccinelli submits a brief to the Virginia Supreme Court
> appealing the decision of a circuit court judge who threw out the original
> subpoenas for lack of merit.
>
> October 20
> In a court filing responding to the latest subpoena, UVA argues that the
> attorney general's investigation is łan unprecedented and improper
> governmental intrusion into ongoing scientific research.˛ The filing points
> out that Cuccinelliąs latest demands repeat the same arguments rejected by
> the county court in August. UVA also asks the court to place the case on
> hold to conserve UVa and state resources, while the Virginia Supreme Court
> resolves the attorney generaląs appeal of the August decision.
>
> UCS subsequently releases a statement asserting that the attorney general is
> "abusing his power to fight a public relations war against scientific
> findings" and expressing dismay at the ongoing waste of taxpayer and
> university funds.
>
>
> (AND MUCH MORE)
>
>
>
> http://www.ucsusa.org/scientific_integrity/abuses_of_science/va-ag-timeline.
> html
>
>
>
>
>
>
>
>
--
Politicians Swinging Stethoscopes By GAIL COLLINS http://www.goo.gl/qfJN7
Laugh at the President's Bracket http://www.goo.gl/FM2tJ
Womenąs Health Should NOT Be Managed By Chicken Farmers http://goo.gl/MOzLb
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