Legal Virginia Supreme Court renders a verdict that permits continued suppression of evidence in the Michael Mann ‘hockey stick’ graph controversy – but only just. One dissenting judge scuppers the climatologist’s hopes of yet another global warming whitewash and skeptics remain upbeat.
The latest decision (March 2, 2012) in the Cuccinelli vs. University of Virginia. (UVa) case determines that the university is not a “person” subject to a “Civil Investigative Demand” (CID) from the attorney general. This means UVa won’t have to hand over Michael Mann’s Climategate e-mails and documents to Attorney General Ken Cuccinelli (at least - not for now).
With Justice McClanahan dissenting on the “with prejudice” issue this is not the 'get out of jail free' card that Michael Mann hoped for.
Legal Precedents May Assist Attorney General’s Gambit
Legal analysts will read with interest dissenting McClanahan’s opinion that affirms Cuccinelli was correct on the point that UVa is not exempt from the Attorney General's authority to issue CIDs pursuant to Code § 8.01-216.10. As such Justice McClanahan believes the taxpayers’ champion, Cuccinelli, was authorized to issue CIDs to UVa. This offers Cuccinelli some wriggle room to mount a legal challenge on the basis that the 'with prejudice' component of the decision may be viewed as:
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