— RealClimate @ 4 October 2010
In keeping with our role as a site that tries to deal with the science of climate change rather than the politics, we have specifically refrained from commenting on various politically-motivated legal shenanigans relating to climate science. Some of them have involved us directly, but we didn’t (don’t) want to have RC become just a blog about us. However, the latest move by Ken Cuccinelli, the Attorney General of Virginia, against Mike Mann and UVa is so ridiculous it needs to be highlighted to the widest audience possible.
For background, Rosalind Helderman at the Washington Post has covered most of the story. The last installment was that Cuccinelli’s attempt to subpoena 10 years of emails between 39 scientists and Mike Mann and ‘all documents’ residing at UVa related to four federal and one Commonwealth of Virginia grant, was thrown out by a judge because Cuccinelli did not provide any reason to suspect that fraud had occurred and that federal grants are not covered by the relevant statute. Without due cause, the AG is not allowed to investigate (and without such a restriction, there would be no end to politically motivated witch hunts).
Yesterday, Cuccinelli filed a new demand that takes this previous judgment into account. Namely, he attempts to give a reason to suspect fraud and only targets the Commonwealth grant – though still asks for 10 years of emails with an assortment of scientists. However, his reasoning should scare the bejesus of anyone who has ever published a paper on any topic that any attorney might have a political grudge against. …