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RW Attorney General in VA starts witch hunt on Climate Change Professor under FRAUD statute

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Nikki Stone1 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-26-10 01:06 PM
Original message
RW Attorney General in VA starts witch hunt on Climate Change Professor under FRAUD statute
VA Attorney General Kenneth T. Cuccinelli II.

If you remember, this is the Attorney General who said that Virginia law did not allow public colleges "to adopt rules protecting gay employees or students from discrimination." Now, VA Attorney General Kenneth T. Cuccinelli II is back in a witch hunt after a climate scientist. He is investigating Dr. Michael E. Mann, a University of VA professor for six years, for fraud under the Virginia Fraud Against Taxpayers Act.

"Mr. Cuccinelli is relying on (the Act) in this instance because, he has said, "at least some information suggests" that Mr. Mann used research data that he knew was inaccurate to seek university grants while he was at Virginia.

So basically, the VA AG is charging a climate scientist with fraud because he applied for state grant money to study climate change, a field which, thanks to the Climate-gate emails is now considered questionable in some circles. Hold onto your hats.


http://chronicle.com/article/State-Investigation-Could-Cast/65672/?sid=at&utm_source=at&utm_medium=en

Investigation by Va. Attorney General Could Cast a Chill on Climate Research


.... Then, in late April, (Cuccinelli) began what he says is a fraud investigation focused on Michael E. Mann, a high-profile climate-change researcher who was a faculty member at the University of Virginia from 1999 to 2005. Mr. Mann is now director of the Earth System Science Center at Pennsylvania State University at University Park.

...The fraud investigation...has prompted much deeper concern among universities and research and faculty organizations nationwide. Is Mr. Cuccinelli, as he says, safeguarding taxpayers' interests by making sure that Mr. Mann did not seek money through a state university based on manipulated climate-research data? Is he misusing his prosecutorial powers to bash higher education for political gain, as critics assert? Is he fishing for potentially damaging information at the behest of climate-change skeptics, as Mr. Mann suggests?

....Initially, Mr. Cuccinelli gave the university just over a month to produce what could amount to thousands of documents, and university officials responded cautiously. But after three weeks, it hired Hogan Lovells, a prominent law firm, to explore its options. In the meantime, the university's law-school faculty and its Faculty Senate's Executive Council criticized Mr. Cuccinelli, as did several organizations, including the American Association for the Advancement of Science, the American Association of University Professors, the American Civil Liberties Union of Virginia, and the Union of Concerned Scientists. The critics share a common theme. Investigating Mr. Mann, "without having provided any evidence that such an investigation is legitimately warranted, is likely to chill academic inquiry at the University of Virginia and at other state colleges and universities for years to come," said Will Creeley, director of legal and public advocacy for the Foundation for Individual Rights in Education, in a letter asking the attorney general to reconsider.

...Brian J. Gottstein, Mr. Cuccinelli's spokesman, explained the investigation this way in a written statement to The Chronicle: "The revelations of Climategate indicate that some climate data may have been deliberately manipulated to arrive at pre-set conclusions. The use of manipulated data to apply for taxpayer-funded research grants in Virginia is potentially fraud. Given this, the only prudent thing to do was to look into it."

...Asked about Mr. Mann in May on the Kojo Nnamdi Show, a Washington public-radio program, Mr. Cuccinelli was quick to say, "We're not investigating his academic work—that subpoena is directed at the expenditure of dollars." He added: "Whether he does a good job, bad job, or I don't like the outcome—and I think everybody already knows that his position on some of this is one that I question—that is not what that's about. This is about state tax dollars."
......

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Captain Hilts Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-26-10 01:09 PM
Response to Original message
1. I told my peeps in VA to suck it up and vote Democratic last Fall. But so many stayed home. nt
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dgibby Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-26-10 01:33 PM
Response to Reply #1
8. Can't blame my peeps there. They all voted for Deeds. n/t
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Captain Hilts Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-26-10 01:44 PM
Response to Reply #8
11. Voting in VA, for me, was usually about voting against creeps than 'for' someone. nt
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Nikki Stone1 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-26-10 01:48 PM
Response to Reply #11
13. That bad, eh.
.
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NeedleCast Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-26-10 03:24 PM
Response to Reply #13
30. Oh Yeah, that bad for sure
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Captain Hilts Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-26-10 07:55 PM
Response to Reply #13
43. Virginia Beach. Pat Robertson's neighborhood. Yeah, it was bad. nt
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no_hypocrisy Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-26-10 01:09 PM
Response to Original message
2. Waste of taxpayer money. You can't prove a negative (there is no global warming).
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Nikki Stone1 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-26-10 01:19 PM
Response to Reply #2
4. He's not trying to prove that. He is trying to prove FRAUD: that Mann knew climate change was false
or dubious when he asked for state funding. That can be "proved" by emails that demonstrate any doubt at all. Whether that's a high enough standard for the court is immaterial. Once it becomes public, Mann gets labeled a fraud and other academics in the field shy away from research. That's the fear.
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Hosnon Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-26-10 01:48 PM
Response to Reply #4
12. Doubt isn't knowledge of the contrary position. This is absurd. nt.
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Nikki Stone1 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-26-10 01:59 PM
Response to Reply #12
16. But doubt can be spun that way.
Not in court, of course, but in the court of public opinion. And we've been so dumbed down that no one thinks through a thing.
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drmeow Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-26-10 03:07 PM
Response to Reply #4
24. I don't think that this
will cause other researchers to shy away from research. They just won't apply for state funds. They will rely on Federal or private funds.
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Lorien Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 03:31 AM
Response to Reply #2
47. You can't disprove a solid fact either
Edited on Thu May-27-10 03:33 AM by Lorien
and among peer reviewed scientists there is no debate on climate change. In fact there hasn't been any question about it for a good 35 years now...though fossil fuel lackeys will grumble and howl and lie about it with their dying breath.
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kevinbgoode Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-26-10 01:13 PM
Response to Original message
3. who the f*ck is this attorney general
to consider himself an expert on climate change? This crap about "and I think everybody already knows that his position on some of this is one that I question. . ." well, who gives a rat's ass what some ideologue mistakenly elected to attorney general in a state thinks? Honestly, the voters of Virginia already have more than enough to be embarassed about by electing right-wing ideologues to run their state into the ground...but the public really needs to step on this clown and remind him that he wasn't elected to pursue some looney tune agenda dictated to him by ideological masters.
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NeedleCast Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-26-10 03:25 PM
Response to Reply #3
31. He is a crusader
The worst kind of politician, IMO. He came into office on a platform of witch-hunting and is doing exactly that.
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Wed May-26-10 01:23 PM
Response to Original message
5. Deleted message
Message removed by moderator. Click here to review the message board rules.
 
Nikki Stone1 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-26-10 01:27 PM
Response to Reply #5
6. But the university professors certainly didn't vote this bunch in
And that's whose being targeted.
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saracat Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-26-10 03:01 PM
Response to Reply #6
22. This is the real issue at stake.
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dgibby Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-26-10 01:40 PM
Response to Reply #5
9. You need to read DU rules.
Regional bashing is not appropriate, and as a native Virginian, I strongly object to your broad brush trashing of my state and my DEMOCRATIC family who still live there.

There are many Virginians who are members of DU, who, I am sure, do not appreciate your post, either.
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robinblue Donating Member (385 posts) Send PM | Profile | Ignore Wed May-26-10 01:29 PM
Response to Original message
7. good lord. what next!
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Nikki Stone1 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-26-10 01:43 PM
Response to Reply #7
10. I don't know, but this is chilling for all academic researchers
Most take money from state and federal grants. They have to. If politicians can start a political witch-hunt on any academic field they don't like, NO independent research will be able to happen at all.
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robinblue Donating Member (385 posts) Send PM | Profile | Ignore Wed May-26-10 01:54 PM
Response to Reply #10
14. The grants are what supports them and their departments. I fear
for all academics at this point.
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Nikki Stone1 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-26-10 01:57 PM
Response to Reply #14
15. Me too. Just the fact that this can happen at all will cause self censorship
and maybe that's what the GOP wants here?
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robinblue Donating Member (385 posts) Send PM | Profile | Ignore Wed May-26-10 02:09 PM
Response to Reply #15
17. yes it will. I saw it happen at my univesity many times. Mum is the word
many times. States have over the years decreased funds for so much research. Now many times tenure or even appointments depend on how much in grants faculty can bring in.
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Nikki Stone1 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-26-10 02:57 PM
Response to Reply #17
20. That's right. Tenure is based on hustling for $$. That is NOT how it should be
but it is.
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robinblue Donating Member (385 posts) Send PM | Profile | Ignore Wed May-26-10 03:17 PM
Response to Reply #20
28. It had a slow beginning but now I see job applications with a comment
stating. Please list your grants-not only those applied for.
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Nikki Stone1 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-26-10 03:55 PM
Response to Reply #28
36. Good Lord!
...
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drmeow Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-26-10 03:10 PM
Response to Reply #10
27. There are already plenty of
political witch hunts against academics - under Bush anyone doing HIV research knew to very carefully avoid mentioning "gay sex" or "homosexual sex" in their grant applications. It doesn't stop us from doing research - we just figure out how to manipulate the system.

Plus - the application had to be approved by his university before he submitted it so the university is potentially on the line as well
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county worker Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-26-10 02:21 PM
Response to Original message
18. Can't we just let the South secede so we can get on with our lives?
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Nikki Stone1 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-26-10 02:58 PM
Response to Reply #18
21. It's not just the South. Any RW idealogue anywhere could pull this.
.
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reggie the dog Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-26-10 03:10 PM
Response to Reply #18
26. and abandon all the people there?
No way. We need to work to help all Americans, and every state has some who vote right and some who vote left. States often flip one way or the other....
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waiting for hope Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-26-10 08:56 PM
Response to Reply #18
44. Nice .. another basher against the South.
:eyes:
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Nikki Stone1 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 12:42 AM
Response to Reply #44
45. Bashing is a waste of time. This is not a location issue: it's a RW nutbag issue.
Sigh. :(
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waiting for hope Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 07:29 AM
Response to Reply #45
48. Agreed - some of the most passionate Dems
I know live in the south .. plus, who doesn't love warmer weather and great food? :)
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Dinger Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-26-10 02:56 PM
Response to Original message
19. K & R (nt)
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Nikki Stone1 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-26-10 03:53 PM
Response to Reply #19
35. Thanks
.
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arbusto_baboso Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-26-10 03:05 PM
Response to Original message
23. This won't go anywhere.
For a lawyer, this "attorney general" really doesn't know the fucking law or what constitutes fraud, does he?

The e-mails show nothing of what he's supposedly getting at.

I say, let 'im try it. It'll be Scopes all over, but this time the science-deniers will LOSE BIG TIME.
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NeedleCast Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-26-10 03:26 PM
Response to Reply #23
32. No, it probably wont
but it'll waste a shit-storm of taxpayer dollars before it goes nowhere.
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Nikki Stone1 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-26-10 03:45 PM
Response to Reply #23
33. It will still have an effect on scientific research in academic circles
The very fact that this could happen at all has been enough to get professors worried. The article is taken from a major academic newspaper for university professors and staff.
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arbusto_baboso Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-26-10 04:31 PM
Response to Reply #33
37. Then the reputable lawyers in VA need to agitate for getting this fucker disbarred.
It's certainly misuse of his office. He's doing it merely to harass and intimidate.
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Nikki Stone1 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-26-10 06:00 PM
Response to Reply #37
40. Absolutely
But I fear that will not happen.
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Uncle Joe Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-26-10 04:43 PM
Response to Reply #23
38. Perhaps the professor can counter-sue the Attorney General for filing a fraudulent or frivolous
Edited on Wed May-26-10 04:45 PM by Uncle Joe
fraud charge; costing the taxpayers of Virginia money, for the purpose of advancing a political agenda?
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Nikki Stone1 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-26-10 04:57 PM
Response to Reply #38
39. I'm hoping it goes there.
Academics need to fight back.
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reggie the dog Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-26-10 03:08 PM
Response to Original message
25. so anyone who comes up with a theory
then a hypothesis and does reasearch open to peer critique in Virgina opens themselves up to fraud charges? This will silence science in the state of Virginia.
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Nikki Stone1 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-26-10 03:46 PM
Response to Reply #25
34. That's exactly the problem.
Professors are scared of this.
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Johonny Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-26-10 06:46 PM
Response to Reply #25
41. no,
If he actually did commit fraud in applying for those grants then there would be a case. I mean if say he was the Korean researcher that faked all his cloning data then that guy could be open to fraud. A scientist can open himself up to such charges if they openly lie and fake data on grant applications. Or you take your grant money and build a house with it and fake the experimental results. That would be a fraud case. In this case, the only evidence is selective usage of some wording in a few emails. That's a lot different than actual evidence of faking and falsifying data . There is zero evidence he did that. This is a total waste of tax payer money.
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Nikki Stone1 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-26-10 07:32 PM
Response to Reply #41
42. You're wrong here, Johnny. The given academic might not be CONVICTED of fraud but
can certainly be liable to such an accusation as is happening now.
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Mojeoux Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-26-10 03:19 PM
Response to Original message
29. VA Attorney General Kenneth T. Cuccinelli II has delusions of grandeur.
His inner monologue: " This will make me famous. All of America will hail me as the new leader of the Right."

"I'll be hangin' out with Sara and Michelle and all scientists will fear me."
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laughingliberal Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 02:12 AM
Response to Original message
46. Rec nt
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