Cuccinelli’s attack on academic freedom
Climate scientist Dr. Michael Mann has already been exonerated of allegations of academic misconduct by four separate investigations:
Rep. Joe Barton (R-TX) commissioned an investigation by statistician Edward Wegman of George Mason University, who concluded that he would have looked at the data differently, but
“saw no evidence that Mann committed any fraud or deception.”
Statistician Douglas Nychka, for a panel assembled by the National Academy of Sciences:
“There are some things that he could have done better, but there’s no fatal flaw. There’s nothing that would make you discount the whole analysis.”
The British House of Commons Science and Technology Select Committee concluded in that there was no evidence of malpractice.
Pennsylvania State University:
“After careful consideration of all the evidence and relevant materials, the inquiry committee finding is that there exists no credible evidence that Dr. Mann had or has ever engaged in, or participated in, directly or indirectly, any actions with an intent to suppress or to falsify data.”
In response to the “Climategate” issue, the American Association for the Advancement of Science released a statement:
“reaffirming the position of its Board of Directors and the leaders of 18 respected organizations, who concluded based on multiple lines of scientific evidence that global climate change caused by human activities is now underway, and it is a growing threat to society.”
The American Meteorological Society and Union of Concerned Scientists have also reiterated their positions on climate change, which they say are unaffected by the leaked e-mails.
Without any reasonable suspicion, Virginia Attorney General Ken Cuccinelli has launched his own investigation of Mann’s work while at the University of Virginia between 1999 and 2005. The legal basis for this inquisition is weak:
Cuccinelli based his demand for documents on the Virginia Fraud Against Taxpayers Act, alleging possible violations of making false claims for payment, submitting false records for payment, or conspiring to defraud the state. Mann completed research and published it in peer-reviewed scientific journals, fulfilling grant requirements.
There was no direct grant funding by the Commonwealth of Virginia. The Civil Investigative Demand issued by Cuccinelli to UVA lists five specific research grants, four of which were funded by the federal government (National Oceanic and Atmospheric Administration and National Science Foundation) and the last one an internal endowed UVA grant issued two years before the state anti-fraud law even existed.
Finally, the statute of limitations may have run out.
If this was just another political stunt to pander to the right-wing rabble, it would be as laughable as his recent breast cover-up. However, it is also an unprecedented assault on academic freedom.
Scientists on both sides of the issue protest Cuccinelli’s action:
Former UVA climate scientist (and global warming skeptic) Dr. Chip Knappenberger:
“I didn’t like it when the politicians came after Pat Michaels. I don’t like it that the politicians are coming after Mike Mann. Cuccinelli is taking things too far. Way too far. This has all the trappings of a witch hunt, plain and simple. It does not strike me as being much of a stretch that it is not far along this path before scientists at Virginia’s public universities become political appointees, with whoever is in charge deciding which science is acceptable, and prosecuting the rest. Say good-bye to science in Virginia. Who is going to sign up to do it?”
Mining executive (and global warming skeptic) Steve McIntire:
“This is a repugnant piece of over-zealousness by the Virginia Attorney General, that I condemn.”
Thomas Fuller, global warming skeptic:
“Open Letter to Mr. Cuccinelli, Attorney General:
Sir, As co-author of a book (Climategate: The CRUtape Letters) that was harshly critical of the performance of Michael Mann and his colleagues, I write in criticism of your decision to investigate Mr. Mann for potential violations of state laws on fraudulent payment of claims.
Mr. Mann has been extensively investigated regarding his work product, and although I consider his actions to be often unprofessional and politically oriented, neither I nor any of the people interviewed for our book have any doubt whatsoever that Mann performed the scientific work he has been commissioned to do, or that he engaged in any fraudulent actions.
No matter what has prompted your investigation, there is no doubt that it will be interpreted as a witch hunt. If you are in fact investigating a credentialed scientist for results that do not suit your political opinion, that interpretation is correct. Unless you can reveal to the public prima facie evidence that shows cause for this investigation, I beg you to reconsider. There are ample avenues of professional and academic recourse for people like me who think he has done something wrong. But being wrong is not a crime, and intimidating scientists is not a path that this country, including I presume Virginians, should ever pursue. You may consult with colleagues in Salem to determine how long it takes to live this type of thing down.
Sincerely, Thomas Fuller”
Aaron Huertas, Union of Concerned Scientists:
“This really looks like a witch hunt, with a politician going after a researcher. The people attacking Mann are sidelining discussion about climate science with personal attacks on scientists.”
Dr. Tim Donaghy, Union of Concerned Scientists:
“It would be a disturbing precedent.”
Rachel Levinson, senior counsel with the American Association of University Professors:
[It had] “echoes of McCarthyism. It would be incredibly chilling to anyone else practicing in either the same area or in any politically sensitive area. With a weapon like this in Cuccinelli’s hands, any faculty member at a public university in Virginia has got to be thinking twice about doing politically controversial research or communicating with other scholars about it.”
Dr. Jerry Gibbs, professor emeritus, Virginia Tech:
“It’s amazing. I just find it incredible…They don’t understand how science is done. Cuccinelli hasn’t ever done scientific work in his life. You can’t consider it fraud because you come up with the wrong interpretation. Because all of us do this all the time.”
Dr. Howard Epstein, UVA environmental science professor:
“Who is going to want to be on our faculty when they realize Virginia is the state where the A.G. investigates climate scientists?”
Dr. Mann responded:
“I do know that a number of individuals have expressed outrage that the attorney general of the state would engage in what seems to be a transparent witch hunt against science. I would hope that he would reconsider these abusive demands that he’s made.”
What’s next, Cooch? A subpoena of UVA’s collection of the papers of Charles Darwin?
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May 4th, 2010 at 7:46 pm
What’s next? 42 USC section 1983.
May 6th, 2010 at 7:06 am
Don’t get all legal on me, spotter.
Doesn’t Cuccinelli have qualified immunity from 42 USC section 1983 claims?
I would think UVA would petition the court to quash the subpoena due to the lack of legal basis (see original post). Unfortunately, UVA’s legal counsel is the Attorney General.
May 6th, 2010 at 10:21 am
Qualified immunity for actions taken in good faith.
Where’s the good faith?
And if Cuccinelli has a conflict of interest, which he obviously does, he’s supposed to engage private counsel, which UVA can obviously afford. It seems to me that if UVA does not rise to this challenge and protect academic freedom, it might as well shut down its law school and just re-open the building as the Federalist Society meeting place and cafe.
Jefferson, Schmefferson.
May 6th, 2010 at 10:49 am
Agreed. UVA ought to tell Cuccinelli precisely where he can shove his subpoena (in polite legalese, of course).
May 6th, 2010 at 12:59 pm
Witch Hunt
BEDEMIR: What makes you think she is a witch?
VILLAGER #3: Well, she turned me into a newt.
BEDEMIR: A newt?
VILLAGER #3: I got better.
VILLAGER #2: Burn her anyway!
CROWD: Burn! Burn her!
Cuccinelli’s Witch Hunt
CAMPBELL: What makes you think Dr. Mann is a fraud?
CUCCINELLI: Well, it snowed last winter.
CAMPBELL: Huh?
CUCCINELLI: It got warmer.
CAMPBELL: But Dr. Mann has already been exonerated by four separate investigations, his conclusions have been validated by hundreds of other scientists, he completed all grant requirements for his research at UVA, Virginia taxpayers didn’t even fund those research grants, the statute of limitations has expired, and even global warming skeptics have denounced your unprecedented assault on academic freedom.
CUCCINELLI: Sue him anyway!
TEA PARTY: Sue him! Sue him!
May 11th, 2010 at 10:43 am
UPDATE: UVA is “exploring options” in responding to Cuccinelli’s subpoena:
Go Hoos!
May 18th, 2010 at 10:24 am
UPDATE: A Washington Post editorial, and 800 Virginia scientists and professors sign a letter.
UPDATE: A second Washington Post editorial 05/29/2010.
May 19th, 2010 at 9:50 am
UPDATE: Cuccinelli defended his subpoena of UVA as he “attended a fundraiser barbecue in Ivy for an abstinence-only education group.” He clearly doesn’t recognize fraud when it is staring him the face.
Meanwhile, the American Association for the Advancement of Science announced that its Board of Directors is asking Cuccinelli to justify his probe into Mann’s work or end it, calling it “an apparently political action” that could have a chilling effect on scientific research.
May 28th, 2010 at 8:09 am
UPDATE: UVA fights back! Go Hoos!
June 4th, 2010 at 4:57 am
Great Virginian-Pilot editorial!
The editorial writers must have seen my previous comments on Virginian-Pilot articles regarding the inapplicability of the research grants to the Virginia fraud law.
I was happy to see that the editorial writers corrected me on one minor point – I had called Cuccinelli’s action “unprecedented.” They actually found a precedent in which the Supreme Court affirmed academic freedom. Well done!
July 2nd, 2010 at 9:51 am
UPDATE: Dr. Mann is exonerated (again).
July 7th, 2010 at 4:50 am
UPDATE: Another Virginian-Pilot editorial:
August 23rd, 2010 at 10:25 am
UPDATE: Another Virginian-Pilot editorial finally picks up on the lack of legal basis for Cuccinelli’s witch hunt.
August 30th, 2010 at 11:20 am
UPDATE: A judge has (at least temporarily) halted Cuccinelli’s witch hunt.
September 3rd, 2010 at 5:18 am
UPDATE: Another Virginian-Pilot editorial ridicules Cuccinelli’s witch hunt.
Meanwhile, Cuccinelli vows more lawsuits against the federal government.
October 5th, 2010 at 5:08 am
UPDATE: Cuccinelli tries again and succeeds in getting his name in the paper again.
March 11th, 2011 at 8:37 am
UPDATE: The case goes to the Virginia Supreme Court.
May 21st, 2011 at 10:54 am
UPDATE: UVA has created a website to dispel misinformation about their response.
August 24th, 2011 at 9:29 am
UPDATE: The National Science Foundation has completely exonerated Dr. Mann, just like all the previous investigations. I suppose he can expect to receive an apology from Attorney General Cuccinelli any day now.
January 15th, 2012 at 7:54 am
UPDATE: Cuccinelli’s appeal is no more likely to succeed since he has failed to provide any evidence to indicate that fraud may have occurred.
Meanwhile, former climate skeptic Richard Muller has replicated Dr. Mann’s results.