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UVA Goes To Court To Stop Cuccinelli's Subpoena Of Prof's Papers

First Posted: 05/28/10 12:46 PM ET Updated: 05/25/11 05:35 PM ET

Ken Cuccinelli Uva

The University of Virginia is going to court in attempt to thwart a request from state's attorney general, Ken Cuccinelli, to obtain the papers of one of its former professors.

The Washington Post reports:


In a motion filed in Charlottesville, the University of Virginia argued that Cuccinelli's subpoena for papers and e-mail from global warming researcher Michael Mann exceeds the attorney general's authority under state law and intrudes on the rights of professors to pursue academic inquiry free from political pressure.


Cuccinelli, a vocal skeptic of global warming who is suing the Environmental Protection Agency over the issue, has said he is investigating whether Mann committed fraud by knowingly skewing data as he sought publicly funded grants for his research. Mann left U-Va. in 2005 and now works at Penn State.

Cuccinelli's move has brought together academics countrywide in support of Mann's cause and raised questions of academic freedom. In a statement, UVA President John Casteen III said that Cuccinelli's effort "sent a chill through the Commonwealth's colleges and universities."

An recent Post report detailed how Cuccinelli was "gaining a reputation as a political antagonist to the state's college campuses."

Earlier this year Cuccinelli angered many on campuses by asserting that colleges are not in a position to protect their gay employees from discrimination.

What do you think? Is Cuccinelli overstepping boundaries? Leave a comment weighing in.

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The University of Virginia is going to court in attempt to thwart a request from state's attorney general, Ken Cuccinelli, to obtain the papers of one of its former professors. The Washington Post re...
The University of Virginia is going to court in attempt to thwart a request from state's attorney general, Ken Cuccinelli, to obtain the papers of one of its former professors. The Washington Post re...
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HUFFPOST SUPER USER
SirReal1
12:42 PM on 06/01/2010
Crazy as a "Cooch"!
HUFFPOST SUPER USER
darma2u
05:35 PM on 05/31/2010
Politics! (shaking my head) The I'd do/say anything to get elected mentality hasn't changed, why? Because at a minimum it gets 'face time'. Would imagine he is just fanning the embers so to speak. Apparently he has nothing else left so he goes for the low hanging fruit.....all clichés. On the other hand it shows his mentality and has the scent of McCarthyism or Lee Atwater, to K. Rove style of 'politics'. Pointing fingers, or connect your name to something of question, true or not,.... ie. does Cuccinelli have a mistress or something else to hide? This is easy enough to do.(Shrug) The other side of this, what protects any of us from this kind of police state mentality or character assignation? or is UVA correct, that "..... under state law and intrudes on the rights of professors to pursue academic inquiry free from political pressure". I do not have the answer and will just have to follow this in the press, while pulling for UVA and academic freedom.
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CoronaDischarge
Fired Up! Ready to go!
08:30 PM on 05/30/2010
It's a cheap way to get notoriety. I doubt he expects to win. He must have enough on the ball to at least know his fishing expedition is a waste. But what it does do is keep his name alive in crazy land. When you're up against Sarah Palin's DIY projects and Sue Lowden's health care reforms you have to shout pretty loud to be noticed. And all it costs was a simple subpoena, reasoned about as astutely as a Glen Beck blackboard rant.
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HUFFPOST SUPER USER
thepoliticalcat
Eradicate your microbioflora
03:33 PM on 05/29/2010
Why is this worthless P0S wasting taxpayer money targeting campuses and academics? Isn't there plenty of real crime and corporate crime in VA to prosecute?
09:19 AM on 05/29/2010
The angry right strikes again. Can you say fascism? And teabaggers think Obama's health care plan is tyrannical?:
HUFFPOST SUPER USER
PhoenixGSU
08:48 AM on 05/29/2010
More proof that fascism is on the rise in the US.
HUFFPOST SUPER USER
JDHART
08:05 AM on 05/29/2010
As a Virginia, all I have to say to the people who voted him is that I hope you're happy now.
03:10 AM on 05/29/2010
Arizona right wing nuts made a run to preempt national immigration policy....now one of Virginia's right wing nuts is making a run to preempt national environmental policy.
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HUFFPOST SUPER USER
RodgzK
07:07 PM on 05/28/2010
What are the chances that Mr Cuccinelli is smart enough to understand Michael Mann's papers if he gets them?
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HUFFPOST SUPER USER
thepoliticalcat
Eradicate your microbioflora
03:34 PM on 05/29/2010
Close to zero, I'd reckon.
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HUFFPOST SUPER USER
reasonshouldrule
11:29 PM on 05/31/2010
Good point! Fanned.
HUFFPOST SUPER USER
tom90069
04:15 PM on 05/28/2010
these people are crazy. so teabagger vote in one of their ring wing nut jobs. look at what they waste taxpayer money on, political witch hunts. where's the outrage from glenn beck and the rest of keep your hands off my medicare crowd. i guess its okay for the gop to abuse power, but its not okay for democrat, in a majority, to do something positive for the country. how about getting vested in cleaner home grown energy.
03:39 PM on 05/28/2010
What a useful expense for Virginia taxpayers. Maybe he should stick to his day job, and pay for his federal lawsuits with his own money?
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Dave4ObamaSinceDay1
Obama will win again. Thx GOP
03:39 PM on 05/28/2010
I'd like to know what Virginians think about their AG or are they in the teabagger bandwagon as well. It seems like both he and the current governor ran as middle-of-the-roaders and then came out of the teabagger closet after being elected.
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HUFFPOST SUPER USER
morven
03:43 PM on 05/28/2010
That is exactly what the repubs did. Cuccinelli will probably want to run for Governor. Just let him keep digging. I look forward to the repub's political demise.
HUFFPOST SUPER USER
Indoboy7
03:35 PM on 05/28/2010
Cuccinelli is THE POSTER BOY to illluminate the fact that sometimes education is not only wasted, but it makes them dangerous to the overall wellbeing of society in general..BEFORE he totall shreds the fabric of society, This Neanderthal should (somehow) be convinced to retreat to his cave, roll the huge rock back into place - never to be heard from again..We would ALL be better off without his maniacal ranting/ravings...polluting the airwaves..
02:57 PM on 05/28/2010
Ken Cuccinelli is doing EXACTLY what I would expect of ANY right-wing, dinosaur riding evangelical.

What he does is EXACTLY the opposite of what Christ would do.

So much of being a good christian (small"c" on purpose).
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scat
There, it is no longer empty
01:50 PM on 05/28/2010
If the papers and e-mails were created while the employee is being paid at a state sponsored institution. the state has ownership.

Pretty simple stuff.
HUFFPOST COMMUNITY MODERATOR
caddy121
02:19 PM on 05/28/2010
Not so fast. If the research was done under a grant, not provided by the State, the State may not have a claim for ownership. There are many cases where the State cannot claim ownership. Additionally for a DA to pursue suit against academic research that he doesn't agree with is no less than pursuing criminal charges against a citizen that disagree's in a public forum with his wasteful spending of State resources.
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scat
There, it is no longer empty
02:24 PM on 05/28/2010
please note that I started my post with If. I do not pretend to know the circumstances.
Rather, was just making a statement.

If the state does in fact claim ownership, they are public domain, and the DA can have access. No matter the cause. Just as we would be able to have access.
02:57 PM on 05/28/2010
. . . except that it is not true.
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