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Tilting at Windmills

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August 30, 2010

COURT SMACKS DOWN CUCCINELLI.... Shortly after taking office, Virginia's comically right-wing attorney general, Ken Cuccinelli, decided his time would be well spent launching a witch hunt against a climate scientist named Michael Mann. Even for a Republican official known for pushing the activist envelope, this was pretty offensive.

Mann was a scholar at the University of Virginia from 1999 to 2005, before leaving to run Penn State's Earth System Science Center. But in the wake of the "Climategate" nonsense, Cuccinelli decided to launch an investigation, demanding "a sweeping swath of documents," to see if Mann had manipulated climate data during his U-Va. tenure. (some of which was funded through state grants).

Was there any reason to suspect Mann of fraudulent research? Well, no. But Cuccinelli wanted to poke around anyway, just to see what he could come up with. Today, a Virginia judge told The Cooch that he's on the wrong track.

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.

The ruling is a major blow for Cuccinelli, a global warming skeptic.....

The judge also explained to Cuccinelli that four of the five grants Mann relied on for his research were federally funded, and therefore out of bounds for the state A.G.'s investigation. Cuccinelli will reportedly try again, reworking his subpoena, while considering whether to appeal today's ruling.

Given the threat Cuccinelli's crusade posed to academic freedom, today's outcome is very good news. In a statement Mann said the judge's order "is a victory not just for me and the university, but for all scientists who live in fear that they may be subject to a politically-motivated witch hunt when their research findings prove inconvenient to powerful vested interests."

As for the bigger picture, I'd add that the list of Cuccinelli's other excesses is getting pretty long. Virginia's A.G. has, after all, been palling around with radicals, recently considered a literacy test for some Virginians wishing to vote, questioned President Obama's citizenship, rescinded legal protections for gays at Virginia universities, argued publicly that it doesn't cost the public any money when he and his office work on a frivolous lawsuit, and, of course temporarily added a modesty shield to Virginia's great seal.

And he's only been in office since January.

Steve Benen 3:50 PM Permalink | Trackbacks | Comments (23)

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Comments

Huh. Isn't having a subpeona turned down like this virtually unheard of?

Posted by: mcc on August 30, 2010 at 4:00 PM | PERMALINK

Considering everything that he has done so far; how is this man not the front runner for the Republican nomination for President?

Posted by: verberne on August 30, 2010 at 4:11 PM | PERMALINK

Cue right-wing screaming about judicial activism in 3... 2... 1...

-Z

Posted by: Zorro on August 30, 2010 at 4:16 PM | PERMALINK

before, i thought of cuccinelli as merely a clown. now, i think of him as a dangerous clown. i hate to overstate the threat he poses, but it goes well beyond academic freedom. the term thought police comes to mind.

Posted by: mudwall jackson on August 30, 2010 at 4:20 PM | PERMALINK

The Cooch strikes again!
Sorry I mean the Cooch strikes out!

I cant believe my peepers.. the Cooch finally gets smacked down.

Posted by: Mmm on August 30, 2010 at 4:22 PM | PERMALINK

"And he's only been in office since January."

...And my fellow Virginians and I have had to endure this clown the whole time.

Posted by: pol on August 30, 2010 at 4:29 PM | PERMALINK

And in the real world... Santa's home is melting

The Northwest Passage--the legendary shipping route through ice-choked Canadian waters at the top of the world--melted free of ice last week, and is now open for navigation, according to satellite mosaics available from the National Snow and Ice Data Center and The University of Illinois Cryosphere Today. This summer marks the fourth consecutive year--and fourth time in recorded history--that the fabled passage has opened for navigation. Over the past four days, warm temperatures and southerly winds over Siberia have also led to intermittent opening of the Northeast Passage, the shipping route along the north coast of Russia through the Arctic Ocean. It is now possible to completely circumnavigate the Arctic Ocean in ice-free waters, and this will probably be the case for at least a month. This year marks the third consecutive year--and the third time in recorded history--that both the Northwest Passage and Northeast Passage have melted free, according to the National Snow and Ice Data Center. The Northeast Passage opened for the first time in recorded history in 2005, and the Northwest Passage in 2007. It now appears that the opening of one or both of these northern passages is the new norm, and business interests are taking note--commercial shipping in the Arctic is on the increase, and there is increasing interest in oil drilling.
Posted by: koreyel on August 30, 2010 at 4:31 PM | PERMALINK

OK, then we include this judge as part of the right wing's imagined vast worldwide conspiracy meant to dupe people into thinking global warming is real.

These people are WAY out there.

Posted by: AlphaLiberal on August 30, 2010 at 4:35 PM | PERMALINK

You know, we here in Virginia were doing just fine with our forward-thinking governors and all. These kind of lawsuits [not to mention the lawsuit against the Health Care Reform Bill] make us a laughingstock the way the "Equal Time in Science Class for Intelligent Design" campaign did for Kansas.

The problem is, fact-free heavy-handed "governance" like this lends some kind of fucked up credence to the Global Warming deniers. It doesn't matter to them that a real judge says the suit is bullshit. Their boy Cooch "done said Global Warming ain't real! Why, he's the dad-blamed attorney general! Shoot fire! He knows more'n any damned scientist!"

We're chock full of decent universities in the Commonwealth. Great science schools and all. But, we've got our Regent and Liberty Universities, too. And I'd bet you'd find an assload of real fraud on those campuses.

Posted by: chrenson on August 30, 2010 at 4:48 PM | PERMALINK

". . . ruled that Cuccinelli's subpoena failed to state a "reason to believe" that Mann had committed fraud."

Modern "conservatives" tend to reason backwards from desired results, so Cuccinelli's reason for believing in fraud was undoubtedly simply that Cuccinelli disagrees with Mann. He had the good sense not to actually state that in a Court filing, however.

On appeal, watch him minimize the issue of a reason and instead argue that his authority is unlimited and does not require a reason. That he can subpoena on a whim, in effect.

And he'll be massively supported by fools who believe that he is defending them from arbitrary authority.

Posted by: Jon on August 30, 2010 at 5:14 PM | PERMALINK

How...how was such a fool as Cuccinelli voted into office?

Posted by: June on August 30, 2010 at 5:19 PM | PERMALINK

I hear Cooch AG Dept has ok'd a grant to Liberty U. to see if they can definitively anwser how many angels fit on the head of a pin.
Snark (I hope)!

Posted by: c u n d gulag on August 30, 2010 at 5:19 PM | PERMALINK

Considering everything that he has done so far; how is this man not the front runner for the Republican nomination for President?

Patience, patience. First he can be the future Republican-held Congress' special prosecutor for all things Obama. THEN, he can run for Prez.

Koreyel,
Whoo hoo! Open shipping lanes in the Arctic. For Republicans, this isn't a bug of Global Warming, it's a feature.

Posted by: ckelly on August 30, 2010 at 5:40 PM | PERMALINK

Why doesn't Cuccinelli just take a big pile of public money and light it on fire? Be more efficient.

Posted by: kc on August 30, 2010 at 5:54 PM | PERMALINK

before, i thought of cuccinelli as merely a clown. now, i think of him as a dangerous clown.

Well sure, any clown's dangerous if you give him a live grenade.

How...how was such a fool as Cuccinelli voted into office?

I'm not sure that even Virginia would elect somebody this out there under normal circumstances. However the Governor's race, which was what most of the voters were focused on, was not especially normal that time around.

Democrat Creigh Deeds was an astonishingly lackluster candidate, and he ran an astonishingly lackluster campaign. He completely failed to energize Democratic voters who largely stayed home, while Repbublican voters turned out in droves for McConnell, who admittedly ran a better campaign, and that translated into stronger downticket turnout for people like Cooch.

Posted by: John on August 30, 2010 at 6:40 PM | PERMALINK

The Cooch's picture recently appeared in the newpaper, I do believe that that he has a far off blank stare, like he has an exreme lack of grey matter. He actions seem to bear that out.

Posted by: Ted76 on August 30, 2010 at 7:03 PM | PERMALINK

Can we please get the GOP to offer Cucchie something to get him to hell out of Virginia before he really causes severe problems?

Posted by: mishanti on August 30, 2010 at 8:04 PM | PERMALINK

Add to the pile of the rotten "eggs" that the Cuckoo has laid his taking a huge campaign contribution from that fake/fraudulent "Veterans charity". And it took him much longer than anyone else to disgorge it; some fakes, he has a larger tolerance for than others :)

John, @18:40
Spot on analysis of the disaster, though I'd like to remind you that the name of our Governor is McDonnell, not McConnell. Me an' Bobby McD... :)

Posted by: exlibra on August 30, 2010 at 8:32 PM | PERMALINK

The Cooch's picture recently appeared in the newpaper, I do believe that that he has a far off blank stare, like he has an exreme lack of grey matter. -- Ted76, @19:03

That might be part of the problem; the photos (esp in a newsprint version) do no show the zealot's glint, which is *very* evident if you actually see the guy. I saw him at the Buena Vista Labor Day Parade (our kick-off of the political silly season). He was on the stage, I was in the third row of the audience, and that glint scared the bejeesus out of me even at that distance. It's not that he's stupid; he's dangerous because he's *not* stupid. Bolling is stupid (and a lazy bum) and Little Bobby McD could use a few extra cells in his brain box too, but the Cuckoo knows what he's doing. He's a natural-born crusader, whose faith provides all the armour he needs against all reason.

Posted by: exlibra on August 30, 2010 at 8:44 PM | PERMALINK

If you haven't seen (or better yet listened to) "I am the very model of a mad attorney general", courtesy of a Richmond Times-Dispatch columnist, you should check it out--

http://www2.timesdispatch.com/news/2010/may/07/ed-hinkle7_20100506-183803-ar-158401/

(audio link in the upper left)

Posted by: Doh on August 30, 2010 at 9:21 PM | PERMALINK

Coochie-coo is part of a "cackle of rads" in the Old Dominion trying to appropriate our First Amendment freedoms.

The only language rightist ideologues like Kenny boy understand is ATTACK! So, counter-attack we will, with pleasure. Kenny is going to be one tired show horse after four years of dishing his own crap. Especially so when Virginian's wake up to all the staff time Kenny is squandering buffing out his Tea Party biceps by attacking academics, minorities, single moms and others he thinks he can manipulate into a compromise with his extreme views.

Posted by: pj in jesusland on August 30, 2010 at 9:35 PM | PERMALINK

"how was such a fool as Cuccinelli voted into office?"

Because no one gives a damn about the AG race in VA. It's just a lame appendage to the Governor's race, like the Lt. Gov. Cuccinelli isn't even a particular ally of McDonnell (much to McDonnell's credit) but was essentially elected on his coattails. He has no mandate for what he's doing, in other words, and McDonnell should reign him in or risk discrediting himself and the GOP generally.

Posted by: Jon on August 31, 2010 at 12:19 AM | PERMALINK

Let's not forget his recent ruling that the state's abortion clinics must adhere to hospital quality standards (as opposed to doctor's office quality standards), which could force the majority of them to shut down.

Posted by: Sean on September 8, 2010 at 11:22 AM | PERMALINK
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