Judge orders UVA to hand over Michael Mann’s emails
By Norman Leahy | Wednesday, May 25th, 2011 | Policy, Politics, VirginiaCould the long-running fight over former UVA professor Michael Mann’s emails be edging toward resolution? Perhaps. Yesterday, a Prince William County judge ordered the University to comply with a FOIA request from Del. Bob Marshall and the American Tradition Institute. According to ATI’s press release, getting to this point required patience, willpower and a bit of humor:
Under FOIA the University was required to produce the documents within five days of its receipt of payment for “accessing, duplicating, supplying or searching” for the documents. Alternatively they could have entered into an agreement with ATI on when they would supply the documents, or they could have gone to court to ask for more time. They did none of the above. Instead they promised to provide some of the documents “shortly” on April 6; then specifically on May 6, 2011; and always stated they would get to the others later on. They did none of this either, so ATI went to court to compel production and compliance with the law.
ATI finally received the first approximately 20 percent of the 9,000 pages of documents that UVA says are responsive to ATI’s request and that it possesses, only after ATI filed its petition, and two working days before the judicial hearing. Most of what ATI received in this seemingly hurried production, which was more focused on showing volume than content, were ads for Halloween costumes, public news releases from lay and scientific journals, and a few emails that were printed in computer code so as to be unintelligible in that form. Despite this product of (according to the University) 75 hours of review and more than four months, the University stopped work on producing anything further. Nevertheless some substance made it through UVA’s filter, which ATI will discuss after we review the withheld records.
The failure of UVA to honor its own commitments or to follow the law forced ATI to petition the court for relief. ATI filed its petition on May 16th, and the Court heard the matter Tuesday.
ATI’s counsel, Chris Horner, told me that the PWC judges who might have heard the case recused themselves to avoid a conflict of interest (owing to PWC Del. Marshall being a party to the case). The ruling, then was left up to a visiting judge, Gaylord Finch.
So what of G Ken Cuccinelli’s ongoing court battle to get a look at Mann’s emails? The documents ATI and Marshall have brought to light are the same ones Cuccinelli requested from the University months ago. His efforts were partially rebuffed by an Albemarle County judge who did not disclose a key conflict of interest (his wife worked for the school) and then proceeded, in Cuccinelli’s asessment, to invent new law in his decision to limit the AG’s request.
But while that matter is on appeal to the Virginia Supreme Court, ATI and Del. Marshall appear to have succeed using existing law to (eventually) compel the University to give up the documents it originally told Marshall did not exist. ATI plans to make them public:
The day before the court hearing, UVA finally agreed to a date when they must produce all the documents they believe are not protected from disclosure. The court entered an order that forces UVA to honor that agreement and to produce the documents in easy-to-read electronic form so that ATI can make them available to all who wish to review the work of this highly controversial former Virginia employee. They must produce those documents by August 22nd.
So we will have to wait to see what, if anything, these emails contain.
And what of those documents the University contends must still remain sealed?
ATI has won the right to look at all the documents beginning no later than September 21, including those the University refuses to make public. The court issued a protective order that allows ATI’s attorneys, David Schnare and Christopher Horner, to see them all so that they can challenge any further UVA refusals to supply what the public paid for.
There’s still a long way to go in this matter, but that at least one judge has finally agreed that the University of Virginia is bound to comply with FOIA just like any other government body. Even if the emails provide no insight, and no smoking gun, on Mann’s “hockey stick” creation, at least the University has been reintroduced to the rigors of FOIA.
All of this calls into question the continued expense of the University’s legal battle with the Attorney General’s office. If the documents Cuccinelli’s office sought are now to be made public by other means, shouldn’t the fight end? The AG may believe not, as his office contends that the Albemarle judge’s ruling set a bad precedent. UVA may be so invested in the matter that to stop fighting now would make them look unprincipled or weak.
But that has been their position all along. UVA’s inglorious and inconsistent history in this case leaves it with few good options. One thing is clear now, though: it must cough-up the documents under FOIA. And that’s a start.
(Cross-posted at Score Radio Network)
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About the author
Norm Leahy has written about Virginia and national politics online since 2002, beginning with One Man's Trash (OMT), and continuing through Bacon's Rebellion (both the blog and the e-zine), Sic Semper Tyrannis, NBC12's Decision Virginia, Richmond.com and Tertium Quids. He is the chief blogger at "The Score" and a producer of "The Score" radio show as well as being a Washington Post contributor.
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14 Responses to "Judge orders UVA to hand over Michael Mann’s emails"
[...] “Judge orders UVA to hand over Michael Mann’s emails,” 5/25/2011, Bearing Drift (Va.) [...]
Kind of ironic that the continuation of this witch hunt occurs on the same day that the City of Norfolk calls for help in holding back the sea from flooding the City, claiming that tides are over a foot higher than they were predicted to be when originally designed. Will Cuccinelli now sue Norfolk for giving credence to global warming? Will he review all the e-mails betweent the Director of PW and the engineers working on this project? Stay tuned.
Mike, I don’t see you here at the Waterside Marriott at the Picnic ‘n Politics event where you can whine to Republican elected officials including Ken Cuccinelli.
Sorry Tim but I plan to be with the Governor at 2:30 PM instead.
I will also be at the bill signing in VB, and will listen for your whine.
As a proponent of economic development, I wanted to raise my voice in thanks to those who helped pass the two measures that help cities in the Commonwealth. My preference all along, however, on the BPOL is to get rid of that tax, but replace the revenue in some other form that is more fair. Regretfully, that was not done, except to the extend that cities may make up the two year grace period on other businesses.
Well Mike, you have two other business options then… tourism or spaceflight as supported by the two other bills signed. Convert Runnymede commercial properties into a theme parks for tourists or move to Wallops Island and shoot yourself into space.
About time and way overdue on the part of UVA. I still don’t understand why they just didn’t fork everything over and dust their hands off… no big deal, nothing to hide, and let the OAG sort it out.
Sounds like the reasonable thing to do, and it might have prevented not only costly legal proceedings, but it would have dented any concerns that the research was improperly conducted — just a little sunshine and self-confidence goes a long, long way.
Gee Shaun, perhaps as a distinguised University of the first rank, one noted for academic excellence and achievement, it has a role in protecting the University and its members from political witch hunts of this sort.
And who’s money is UVA using to play this charade?
“The truth will set you free!!!” If Mike has nothing to hide then why the charade? There has been a lot of deceit found when put to the light of day. I may not be a climatologist but I have a good idea when someone is trying to pull one over on me.
Anyone care to bet which emails will be released first Palin’s or Mann’s?
@Shaun, what is it you do again, why not release all of your emails? I don’t see why you wouldn’t want to release yours…no big deal, nothing to hide, sounds like a reasonable thing to do, no?
@Tim, gauging by the level of funding public universities receive from the State, I’d guess they aren’t using too many state dollars on this case.
Palin’s 24,000 E-mails nothing to hide at all. Mann’s now thats a different story. My guess he’ll get 20 years.
Mann’s new sea level hockey stick is supposed to be released at 3PM today.
PREDICTION before the end of the week, many people will feel that we have all stepped into the Twilight Zone.
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