Cuccinelli Curtailed; Judge Quashes UVA Subpoena

Climate change challenge dead – for now

Monday, Aug 30, 2010  |  Updated 3:15 PM EDT
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Cuccinelli Curtailed; Judge Quashes UVA Subpoena

AP

Ken Cuccinelli

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Virginia Attorney General Ken Cuccinelli’s effort to tie a former University of Virginia professor to the stake for his work on climate change has been rebuffed by an Albemarle County Circuit Court Judge, The Washington Post reported.

Cuccinelli, a global warming skeptic, was seeking a slew of documents related to the work of climate scientist and former UVA professor Michael Mann, who now teaches at Penn State University.
 
The AG maintains Mann committed fraud in seeking five government grants for research showing the earth has experienced rapid warming.
 
But Judge Paul M. Peatross Jr. ruled Cuccinelli’s subpoena failed to “state a reason to believe” that Mann committed fraud, according to The Washington Post.
 
The battle may not be over.
 
The judge set aside the subpoena in a way that allows Cuccinelli to rewrite it in a fashion that offers an “objective basis” to believe fraud has been committed, The Washington Post reported.
 
However, should Cuccinelli choose to pursue the matter, his scope will be considerably narrowed. Peatross ruled the AG could only ask about one of the five grants Mann received because only one grant involved commonwealth funds. The other four grants were federally funded.

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