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Cuccinelli’s office filed a 41-page brief Tuesday that urges an Albemarle County judge to ignore UVa’s petition to throw out Cuccinelli’s subpoenas and to order UVa to hand over the requested documents, e-mails, data and more. “ … It is clear that there is ample reason to believe that Mann may have committed a violation of FATA while he was at the university,” the filing says. “There is no debate that the university is in possession of documents relevant to determining if such a violation did occur. Accordingly, and for the reasons that follow, the court should deny the university’s petition.”
A sizable section of Cuccinelli’s latest filing questions the integrity of the scientific research behind climate change. The filing spends many pages disputing studies authored by Mann and his colleagues and goes on to suggest that a few dozen leading climate change scientists, including Mann, may have wanted to make global warming appear as a major threat to protect their research funding.
“Not only are they few in number, but through connections with Mann, they formed a mutually supporting and reinforcing group; peer reviewing and co-authoring each other’s papers,” the filing says. “ … Because neither the
nor governmental grants to climate scientists would likely continue were it to be determined that man-made global warming was not a serious threat, potential conflicts of interest flow predominantly in one direction.”
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UVa’s lawyers have also argued that Cuccinelli has no authority to investigate Mann’s research grants because four were from the federal government and consequently not subject to Virginia’s anti-fraud law. The fifth grant, which was funded by UVa, was awarded to Mann in 2001 – two years prior to the enactment of Virginia’s anti-fraud law. Cuccinelli’s filing says there is reason to believe that UVa may have had a hand in administering the four federal grants. The UVa-funded grant, it adds, may be still be subject to Virginia’s anti-fraud law because it may have still been allocating payments after Jan. 1, 2003, when the law went into effect.
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http://www2.dailyprogress.com/cdp/news/local/local_govtpolitics/article/cuccinelli_academic_freedom_wont_shield_scientist_from_fraud_probe/58161/