Virginia Judge Sets Aside Climate Subpoena

Virginia County Circuit Judge Peatross set aside a subpoena by Cuccinelli, Virginia's Attorney General, seeking the record of Prof. Michael Mann while he worked at the University of Virginia.

The ruling said the AG had failed state what was suspected to be false or fraudulent, but leaves the option for Cuccinelli to refile a new supoena.
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Cuccinelli apperntly intends to refile the subpoena as soon as he can think of something suitable fishy to randomly allege.

h/t kos
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For those who haven't heard rightwing extremist Virginia Attorney General Ken Cuccinelli has subpoenaed all of the documents related to climatol
Do something, Virginia. Your attorney general, Ken Cuccinelli, is on an absurd crusade against Michael Mann and the University of Virginia.

the AG had failed state what was suspected to be false or fraudulent

Cuccinelli has no idea what's supposed to be false or fraudulent - he's just convinced there must be something false or fraudulent because the results of Mann's research contradict elements of Cuccinelli's worldview. The judge should have just not bothered with the subpoena and rejected it on technical grounds: "Invalid due to being signed by Ken Cuccinelli, please resubmit signed by an adult."

By Phillip IV (not verified) on 31 Aug 2010 #permalink

The judge should have just not bothered with the subpoena and rejected it on technical grounds: "Invalid due to being signed by Ken Cuccinelli, please resubmit signed by an adult."

I understand the appeal of that position, but I don't think it was legally available. Cuccinelli is AG, so the law presumes that he is an adult. I'm sure that Cuccinelli will find something "suspected to be false or fraudulent," most likely with outside help (one or more of the usual denialist suspects). The judge did limit the investigation to money originating from the State of Virginia, i.e., Mann's federal grants are out of bounds under the statute Cuccinelli wants to invoke.

By Eric Lund (not verified) on 31 Aug 2010 #permalink

The deeper assumption here is that VA state's attorney actually KNOWS some science in order to refile.

By Gerardo Camilo (not verified) on 31 Aug 2010 #permalink