Virginia Attorney General Kenneth Cuccinelli has decided to continue to waste taxpayer money and embarrass the state with his witch hunt of climate scientist Michael Mann. Cuccinelli's attempts to harass Mann reveal the depths to which Republicans are willing to sink as full-fledged climate zombies in the service of fossil energy companies.
There are several reasons you should pay attention to the actions of Cuccinelli. First, he is attempting to intimidate a scientist that was formerly employed by a state university, leveling accusations of fraud, and demanding access to personal correspondence as part of a discovery process. Second, Cuccinelli has gained national prominence for his actions, endorsing candidates, and providing a blueprint for attacking federal regulations. Third, Virginia has become ground zero for Tea Party Republicanism.
The persecution of Mann by Cuccinelli
In April of 2010, Cuccinelli issued a subpoena to the University of Virginia to turn over a wide range of documents relating to Mann, a former professor at the university. The focus of this fishing expedition was Mann's emails and personal correspondence.
The civil investigative demand asks for all data and materials presented by former professor Michael Mann when he applied for five research grants from the university. It also gives the school until May 27 to produce all correspondence or e-mails between Mann and 39 other scientists since 1999.
Washington Post, May 4, article by Rosalind Helderman
The pretext for obtaining these materials was an accusation of possible fraud under Virginia's Fraud Against Taxpayer Act. Cuccinelli claimed that Mann may have obtained the grant money by making false statements.
In an interview, Cuccinelli said the request is part of an "open inquiry" into whether there were "knowing inconsistencies" made by Mann as he sought taxpayer dollars to fund research.
"In light of the Climategate e-mails, there does seem to at least be an argument to be made that a course was undertaken by some of the individuals involved, including potentially Michael Mann, where they were steering a course to reach a conclusion," he said. "Our act, frankly, just requires honesty."
Washington Post, May 4, article by Rosalind Helderman
The University of Virginia filed a petition in circuit court to ignore the subpoena on the grounds that there was no basis for claims of scientific misconduct or misappropriation of state funds. In August, the circuit court sided with the university. The judge ruled that Attorney General has the right to investigate fraud in state grants, but Cuccinelli provided no objective evidence to support a suspicion of fraud and had no jurisdiction over 4 of the 5 grants because they were federal grants.
On October 4, Cuccinelli appealed the ruling to the state supreme court, this time limiting the focus to the one state grant. This appeal should fail for two reasons. First, the grant in question has absolutely nothing to do with the paleoclimate temperature reconstructions that Cuccinelli was raising concerns about in his filings. The grant in question was a study of land-atmosphere interactions in the regional climate of the African savanna.
“The grant that Mr. Cuccinelli cites supported the study of natural land-vegetation-atmosphere interaction in the African savanna,” Mann stated in an e-mail.
Mann added that his role in the project funded by this grant was relatively minor.
“The grant had nothing to do with climate change at all, let alone my specific work on paleoclimate from the 1990s that Mr. Cuccinelli continues to misrepresent and attack with false, thoroughly discredited, allegations,” Mann said. “Neither of the two articles on paleoclimate that Mr. Cuccinelli attacks in the CID are even mentioned or cited in the grant proposal.”
Still, Cuccinelli continues to raise the issue of Mann's climate change research, not because the data was used in the proposal to obtain the grant money, but rather because Mann listed his climate change research (including the so-called "hockey stick" publication) on his curriculum vita. Cuccinelli conveniently neglected to mention that the graph in question has been replicated using other statistical analyses and no evidence of scientific misconduct has been found in the work of Dr. Mann. And if those flimsy grounds were not enough, a 2002 statute is being applied to a 2001 grant. The case should be a slam dunk in favor of the university and Mann, but nothing in the legal system can be predicted with certainty.
This stunt by Cuccinelli has already cost the university and the state a considerable amount of time and money. The university has spent $352,874.76 in legal expenses to fight the subpoena to turn over personal communications of a former faculty member. It is safe to assume they will be forced to spend as much to continue this fight before the state supreme court. Those funds were paid from private donations rather than taxpayer dollars, but could have been better spent on meaningful educational endeavors. Those expenses do not include time devoted to this case by university administrative personnel, who happen to be state employees. For his part, Cuccinelli provided misleading information about how much taxpayers have been bilked by his office. He claims to have only spent $737.89 for his time on the case, but neglected to include the time for his staff.
Cuccinelli's office says he has spent a grand total of $737.89. That's probably about what it's worth, but the figure does not include the time of two staff attorneys assigned to the case. Their salaries plus the court reporter and transcription costs are still coming out of taxpayers' pockets.
By the time this persecution is over, Cuccinelli will have cost the university and state well over $1 million in an effort to gain access to the personal communication of a scientist. Even Cuccinelli is not foolish enough to attempt to prosecute Mann for fraud on a state grant that had nothing to do with paleoclimate temperature reconstructions. That is not the objective of this witch hunt. Cuccinelli wants Mann's emails from 1998 to 2005 in the hopes of finding another phrase or two to take out of context to keep the "climategate" smear campaign going.
The Virginia Fraud Against Taxpayer Act has an interesting provision.
§ 8.01-216.5. Civil actions filed by private persons; Commonwealth may intervene.
A. A person may bring a civil action for a violation of § 8.01-216.3 for the person and for the Commonwealth. The action shall be brought in the name of the Commonwealth. The action may be dismissed only if the court and the Attorney General give written consent to the dismissal and their reasons for consenting.
B. A copy of the motion for judgment and written disclosure of substantially all material evidence and information the person possesses shall be served on the Commonwealth. The motion for judgment shall be filed in camera, shall remain under seal for at least 120 days, and shall not be served on the defendant until the court so orders. The Commonwealth may elect to intervene and proceed with the action within 120 days after it receives both the motion for judgment and the material evidence and information.
Perhaps the university and Dr. Mann should consider filing a claim of taxpayer fraud against Cuccinelli for spending taxpayer funds on a baseless claim and demand access to his personal email communications with corporate interests linked to the oil, gas, and coal industries. It won't happen, but would have a far more legitimate basis than what Cuccinelli is pursuing.
“I find it extremely disturbing that Mr. Cuccinelli seeks to continue to abuse his power as the attorney general of Virginia in this way, pursuing an ongoing smear campaign against the University of Virginia, me and other climate scientists,” Mann said. “All Virginian citizens ought to be extremely concerned that he is using their tax dollars to pursue a partisan witch hunt.”
Cavilier Daily, Oct 6, article by Rebecca Rubin
An editorial in the Washington Post summarizes Cuccinelli's only conceivable motivation as follows:
The attorney general's logic is so tenuous as to leave only one plausible explanation: that he is on a fishing expedition designed to intimidate and suppress honest research and the free exchange of ideas upon which science and academia both depend -- all because he does not like what science says about climate change.
The Post also notes the real cost to the state of Virginia:
The damage to Virginia's reputation, and to its universities' ability to attract and retain top-notch faculty and students, will not be easily undone.
Before you laugh off Cuccinelli as mentally unstable
Mocking Cuccinelli as a kook is fun, even cathartic. However, be careful not to underestimate his influence, particularly among conservatives. He has become the standard for aggressive attacks by states against federal legislation and regulations. Republicans want every state attorney general to behave like Cuccinelli and his endorsement carries considerable weight.
Here is how Cuccinelli is being played in Iowa.
Virginia Attorney General Ken Cuccinelli hit the campaign trail yesterday with Brenna Findley, Republican candidate for Iowa Attorney General, making stops in Des Moines, Cedar Rapids, and Dubuque.
"Brenna Findley is the perfect fit for Iowa," noted Cuccinelli. "She's an experienced advocate for Iowans who will fight unjust and unconstitutional federal mandates - like forced health insurance. She'll protect Iowan's against overreach by the federal government. Brenna has the legal skills and experience it takes to get Iowa back on track and back to work."
"The office of Attorney General is the last line of defense against unconstitutional power grabs by the federal government," said Findley. "AG Ken Cuccinelli has led the way in fighting the unconstitutional federal government takeover of our healthcare system, and I will protect Iowans by standing up for the Constitution when I'm elected."
Here is how Cuccinelli is being played in Alabama.
Luther Strange and Virginia Attorney General Ken Cuccinelli spent the day touring Alabama and discussing the key role that attorneys general play in enforcing state law as well as preserving the balance of power between the state and federal governments. Attorney General Cuccinelli has been a leader in fighting the health insurance mandate pushed through Congress last year by the Obama administration and he discussed this battle and other issues he sees on the horizon.
Luther Strange website
''When you talk about protecting the Constitution and reining in an over-reaching federal government, these are things I believe very passionately in. Luther and I have been talking about this for months," said Cuccinelli, who was a Virginia state senator before winning his state's race for attorney general in November.
Birmingham News, Oct 5, article by David White
Republicans in Georgia have even threatened to impeach the state attorney general for not following Cuccinelli's lead in fighting the healthcare reform bill.
We can laugh at Cuccinelli all we want, but he is laughing all the way to the bank as he raises money and visibility. He is not embarrassing the Republicans. He has become their model for intimidating opponents and obstructing federal legislation and regulation.
Virginia has become the proving ground for Tea Party Republicans
Although the Democratic Party has had some electoral success in Virginia, it may not be as blue or purple as we would like to think, particularly outside northern Virginia. Tea Party Republicanism is a force to be reckoned with in the state and Cuccinelli plays a major role in advancing their anti-federalism agenda.
Virginia's statewide tea-party alliance is perhaps the most advanced of any in the country, both in organization and in its own interactions with the GOP.
Its convention this weekend is expected to draw the cream of the state Republican Party and at least 3,000 participants. The state's top three Republicans—Gov. Bob McDonnell, Lt. Gov. Bill Bolling and Attorney Gen. Ken Cuccinelli—all agreed to attend and field questions, but as mere panelists, not keynote speakers.
Wall Street Journal, Oct 6, article by Neil King Jr.
While McDonnell sings the praises of the Tea Party, Cuccinelli is more calculated in his statements even while working closely with Tea Party groups.
"The party is trying to mollify the tea-party folks, if only as a protective measure," says Mr. Cuccinelli, who rose to office last year with the support of thousands of tea-party activists.
Wall Street Journal, Oct 6, article by Neil King Jr.
Cuccinelli is a climate zombie that is proving his mettle by intimidating a prominent climate scientist, trying to get access to personal communications to stoke the "climategate" smear campaign, fighting the EPA in court, and becoming the darling of Tea Party Republicans across the country. His antics are anything but amusing.
As we work to get out the vote for the upcoming election, we would do well to remind our fellow citizens of the anti-science antics of Cuccinelli and other Republicans. We would also do well to remember that every race matters. Cuccinelli is proof.