Continuing a debate that has spanned nearly a full year, the Virginia Supreme Court has decided to hear an appeal regarding Attorney General and University alumnus Ken Cuccinelli's right to subpoena documents from the University.
Cuccinelli is appealing a ruling made by the Albemarle County Circuit Court last August that denied the attorney general's request for access to various e-mails and other materials relating to the work of former University Environmental Sciences Prof. Michael Mann, who is now a professor at Pennsylvania State University.
Cuccinelli filed multiple civil investigative demands to review Mann's e-mails and documents during the past year. The attorney general is accusing Mann of using manipulated or deceitful data pertaining to climate change to obtain taxpayer-funded research grants, and hopes to acquire documents that will verify his claim. Colloquially dubbed Climategate, an internet leak in 2009 released thousands of stolen documents from the University of East Anglia's Climatic Research Unit that implied a manipulation of data in support of the global warming hypothesis. Multiple investigations have concluded that this allegation of manipulated data is false.
Cuccinelli says that the requisition of these documents would help determine whether a fraud investigation regarding Mann's receipt of public funds to support his research is necessary. The University has fought repeatedly to block his attempts, citing that such an acquisition would represent an attack on academic and scientific freedom.
"The court [has] agreed to hear all of the assignments of error put forward by the attorney general," said Cuccinelli spokesperson Christopher Mann. These include, but are not limited to, the allegation that the circuit court erred in setting aside the civil investigative demands based on the ground that the attorney general lacked a reason to believe that the University may be in possession, custody or control of any documentary material or information relevant to a Virginia Fraud Against Taxpayers Act investigation and that the civil investigative demands failed to sufficiently state the "nature of the conduct" being investigated, Christopher Mann said.
The court also has consented to hear the alleged issue of cross-error assigned by the University.
"The University is pleased that the Virginia Supreme Court has accepted review of all the issues presented by this case," University spokesperson Carol Wood said. "We look forward to fully briefing those issues for the court and presenting the University's position as the appellate process moves ahead."
Wood said the attorney general's opening brief is scheduled to be due April 13, with the University's response brief following May 9. The attorney general's reply brief addressing the University's response is due May 23, subsequently followed by a week of oral argument at the state Supreme Court. The final decision should be announced sometime in the fall of 2011.
The court's decision will act as the final ruling for the investigative case, and there can be no subsequent appeal. "[Cuccinelli's] appeal only deals with the proper interpretation of a Virginia statute," Christopher Mann said. "Thus, the Virginia Supreme Court is the final arbiter"
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