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Shawn Lawrence Otto

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Climate Scientist Wins A Round for America

Posted: 11/01/11 10:17 PM ET

A hearing today has implications for academic freedom across the country. A Virginia judge granted climate scientist Michael Mann the right to intervene on his own behalf in a lawsuit filed by a climate change denial group seeking to get his private papers and emails from the University of Virginia. While this is an important victory for American-style freedom and privacy, its background is a story of just the opposite - attempts at authoritarian repression of science for political purposes.

In 2010 newly-elected Virginia Attorney General Ken Cuccinelli, a climate change denier, sued the University of Virginia to get Mann's private papers. Cuccinelli wanted to sift through them in the wake of "climategate" to see if he could find anything he could spin into a case under the state's Fraud Against Taxpayers Act, arguing that while an employee of UVA, Mann's work on climate change may have used public money to perpetrate a fraud.

Mann has become a political target because he helped create the "hockey stick" graph, which shows global temperatures stable for a thousands of years and spiking since about 1950. It has the iconic power of e=mc2, and discrediting him has become the holy grail of climate change deniers.

hockey stick graph

This is why Mann was at the center of the climategate attacks in late in 2009. Climate deniers illegally hacked into scientists' emails and claimed they showed scientists, including Mann, manipulating data. Their charges were investigated by four separate bodies, each one reaffirming the soundness of the science, and exonerating the scientists. In other words, climategate was over -- nothing, it turned out. Instead of data, it was the press that had been manipulated.

Rightly, the University of Virginia, which was founded by scientist Thomas Jefferson, rejected Cuccinelli's McCarthyite attack. Cuccinelli sued and lost. The case in under appeal.

But it didn't end there. Next, a little-known group named Western Tradition Partnership (WTP) got into the act. WTP is a political advocacy group backed primarily by the energy industry. It was first registered as a Colorado nonprofit in 2008 by Scott Shires, a Republican operative who pleaded guilty that same year to fraudulently obtaining federal grants to develop alternative fuels.

In 2010 WTP changed its name to American Tradition Partnership (ATP), and announced that it had launched the American Tradition Institute, a think tank that would be "battling radical environmentalist junk science head on." The "junk science" ATP seems most concerned with is what the US National Academy of Sciences says should now be regarded as "settled facts" - that the Earth is warming and humans are the likely cause.

Last year WTP/ATP fought for a Colorado referendum allowing voters to opt out of the state's renewable energy standard. The standard requires 30 percent of electricity produced by investor-owned utilities to come from renewables by 2030. The referendum's backers missed the filing deadline, but ATI sued Colorado over the standard, and is now targeting similar standards in Delaware, Minnesota, Montana, New Mexico and Ohio.

WTP/ATP also fights laws that restrict corporate money in elections or require disclosure of contributions. In 2009, the group sued Longmont, CO over their Fair Campaign Practices Act. The city settled and agreed to drop disclosure requirements. In 2010, after the U.S. Supreme Court's Citizens United decision, WTP/ATP successfully challenged the constitutionality of the Montana Corrupt Practices Act of 1912, which prohibited independent political expenditures by corporations.

During the 2010 elections, the Montana Commission of Political Practices found that the organization broke state campaign laws by failing to register as a political committee or report its donors and spending. The state suggested WTP/ATP was involved in corruption and money laundering. They found that it solicited unlimited contributions to support candidates and then passed them through a "sham organization," the Bozeman-based political action committee The Coalition for Energy and the Environment that ran attack ads against Democrats. WTP told corporations that it aimed to combat "radical environmentalists" and "beat them at their own game" and that their contributions would remain secret.

These actions reflect an all-too-common authoritarian goal, a goal that vested interests have pursued since the days of Galileo: forcibly silencing freedom of speech, thought, inquiry and expression that runs counter to the vested interests. In Galileo's 1633 indictment, it was the Catholic Church, then the seat of world political power. Today the vested interests that are being threatened by the measured facts of science are the current the seat of world political power, the US energy industry. But quashing science is anti-freedom and unAmerican, so the try to do it anonymously, through groups like ATI.

ATI's executive director is Paul Chesser, who WTP/ATP describes as a "noted climate scholar." But Chesser is not a scientist. According to his bio, Chesser edited two weekly conservative North Carolina Christian newspapers, Raleigh World and Triad World. His writing has appeared in many fundamentalist and anti-science websites including The Good Steward.com, Evangelical Press, the Christian Examiner, The Home School Legal Defense Association, and antiscience evolution denier Answers in Genesis.

Sue Sturgis of the Institute of Southern Studies (ISS) reported that Chesser then moved to edit the Carolina Journal, the monthly newsletter of the John Locke Foundation (JLF), a "free market" think tank in Raleigh, NC that has been a leading voice of climate denial in that state. This is ironic, since Locke is considered the father of empiricism, and defined how scientific knowledge is different from and superior to "but faith, or opinion," something the JLF seems to have missed. The JLF ignores empiricism in favor of publishing rhetorical arguments for a predetermined conclusion - the opposite of empiricism. An example is their Citizens Guide to Global Warming (pdf), which is an antiscience publication that attacks what the group calls "global warming alarmism" and promotes the views of climate deniers.

The Locke Foundation was founded - and is still funded in part - by Art Pope. Pope is a national director of the Koch brothers-founded Tea Party astroturfer Americans for Prosperity. The Kochs fund several climate denial groups. Their foundations contributed at least $70,000 to the Locke Foundation, according to the Institute of Southern Studies (ISS).

Sturgis says that Chesser also worked with Climate Strategies Watch, a joint project of the JLF and the Heartland Institute, that sought to discredit the Center for Climate Strategies, a nonprofit group that helps states figure out ways to reduce greenhouse gas pollution.

Sturgis's research shows that Chesser also served as a special correspondent to the Heartland Institute, which has received at least $676,000 from ExxonMobil since 1998. Between 1997 and 2008, it also received $30,000 from foundations connected to the Kochs and another $50,000 from Pope's family foundation. Walter Buchholtz, an ExxonMobil executive, served as Heartland's Government Relations Advisor, according to Heartland's 2005 IRS Form 990, pg. 15.

Chesser then became an associate fellow for the National Legal and Policy Center, a conservative think tank and propaganda dispenser funded by the Scaife Foundations, which are controlled by the family that owns Gulf Oil. He blogged at the climate denialist Cooler Heads Coalition, an industry astroturfer closely tied to the think tank and astroturfer Competitive Enterprise Institute (CEI). CEI opposes greenhouse gas regulations and has taken over $2 million from ExxonMobil. It also has funding from the American Petroleum Institute, Texaco, and the Amoco, Koch, Scaife and Pope foundations. ATI's director of litigation, Christopher Horner, is a CEI fellow.

At ATI, Sturgis says that Chesser's antiscience propaganda efforts are largely bankrolled by fossil fuel interests. According to its most recent filing with the IRS, ATI last year received $40,000 from its sister group ATP, which in turn is supported by oil, gas and coal interests. It received another $5,000 from the Atlas Economic Research Foundation, a Virginia-based think tank that since 1998 has received over $1 million in funding from Exxon Mobil; between 1997 and 2008, Atlas also received $122,300 from the Koch foundations and $735,000 from the Pope foundation.

ATI's biggest funder is Montana businessman Doug Lair and the Lair Family Foundation; together they contributed over 75 percent of its total income. Lair's fortune comes from Lair Petroleum, a family business that was sold in 1989 to William Koch, brother of Charles and David Koch. Lair still works for Lair Petroleum according to 2010 state campaign finance reports.

Today's hearing considered Mann's motion to intervene in ATI's case against UVA in order to protect his own papers under the ideals of privacy and freedom that Americans have always held dear. Without this right, Mann would have had no say in what papers the UVA might ultimately release to ATI.

The American Association for the Advancement of Science (AAAS) said lawsuits like ATI's "have created a hostile environment that inhibits the free exchange of scientific findings and ideas." Francesca Grifo, director of the Scientific Integrity Program at the Union of Concerned Scientists, said "Scientists should be able to challenge other scientists' ideas and discuss their preliminary thinking before their analyses are complete and published." Grifo said that "scientists shouldn't have to worry if political opponents of science will be sifting through emails" for bits and phrases to spin. "It has a chilling effect" on research, she said, and that's not going to take America where we need to go. The American Association of University Professors sent a letter to the UVA president arguing that the Virginia public documents statute exempts scholarly data of a proprietary nature that has not yet been publicly released, published, copyrighted or patented - in other words, Mann's emails. And US copyright law suggests that the documents may be covered under common copyright.

What is at stake in Mann's case is something much larger and more precious than papers and emails, or partisan politics -- what is at stake is Americans' freedom to investigate, debate and express ideas that run counter to those of corporations. Attacks on this basic freedom are a step away from democracy and toward tyranny.

Get Shawn Lawrence Otto's important new book: Fool Me Twice: Fighting the Assault on Science in America, "a gripping analysis of America's anti-science crisis." --Starred Kirkus Review. An "incredible book" -- Starred Publishers Weekly review. Like him on Facebook. Listen to him of Science Friday. Join ScienceDebate.org to get the presidential candidates to debate science.

 
 
 

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HUFFPOST SUPER USER
Andrew Harvey
Don't F with the Jesus
07:46 AM on 11/07/2011
Looks like the alarmists dodged the bullet there. No worries, it'll all come clean in the end.
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Iamrebelriser
iamrebelriser
11:57 PM on 11/02/2011
Don't you Tea Partiers try to say, as one did, that I don't have many fans because of the tone of my comments, because I had to give up over 200 fans when I recently needed to go from a dish for Internet Reception to wireless for a better signal. I was rebelriser, now iamrebelriser. This is the second time I've given up fans due to either moving to a different location or changing my Internet service. I wanted to keep all of my fans both times, but couldn't manage to find anyone at HP who would facilitate this. Anyway, I'll take on any of you Tea Partiers, religious right, but wrong any time, because you don't have the intelligence or the background of knowledge to know what you're talking about. We'll gladly talk to you if you will go to other sources(try yahoo.com) and do a search also for more sources of news and see how different the information is when you get away from FOX.
Wib
Liberal former Marine who loves fly fishing and is
07:55 PM on 11/02/2011
The attempt by corporations and politicians to control science, and deny its conclusions, only makes it more likely that fewer students will pursue pure science and mathematics when we desperately need more scientists and mathematicians to help us deal with the unpleasant things, such as climate change, that some scientists uncover.
A further note for thought by those who think about such things. Yes, to me climate change is natural, because man is part of nature, something many wish to deny, but unlike other causes of change in nature, man has free will and can try to reverse his mistakes. Unfortunately, that will not happen as long as some short-sighted members of the human species have a vested interest in continuing the change for their short term gain.
AIRSCRIBE
Voter, writer, photographer
05:48 PM on 11/02/2011
Don't you just love the counterargument of the denier supporters? Like, "What about the freedom of those who disagree with the climate scientists? What about their academic/scientific freedoms?"

Yeah!! What about them?

If the denier brigades ever submitted actual peer-reviewed, scientifically derived materials, maybe the world would be more prone to taking seriously the crackpots who put forth the argument that their "science" is equal to the actual scientific-method work because...well...because!

But there's nothing like that from some editorial stiff who is purported to be, inaccurately, a "noted climate scientist" or the from the lawless hackers who pilfered e-mails and then twisted the information, erroneously, again, to support their predetermined antithesis-of-science lies...

See, when you bring forth lame brains to argue against science -- not religion...lame brains can argue that until their faith freezes over -- but lame brains arguing against empirical data produced by actual scientific methods...well, then your brains are always going to be shown to be lame...

Presuming there were some at the start...brains, that is...they've got the "lame" part covered...obviously.
05:21 PM on 11/02/2011
The essence of science is skepticism and inquisition. Why then wouldn't Prof. Mann allow his work and conversations about his work to be reviewed? Like the leaked emails or not, it does cast doubt. You can't just call corporate sponsored research tainted when you have politically and results oriented grant money pouring into universities for climate studies. Since so much is riding on the validity of climate research, everything should be transparent. You have to also doubt the author of this piece who makes a point of labeling skeptics as "climate change deniers". There is no place for that in this debate. Keep the research flowing. NASA (of all places) has some very interesting recent findings which weaken the so-called "consensus" regarding global warming and hysterical claims about glacier retreat and sea levels has been debunked. Why not get an open debate going instead of trying to shut it down on one side or the other?
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HUFFPOST SUPER USER
jimboy71
Hen Diapheron Heautoi
06:28 PM on 11/02/2011
"inquisitio­n"

What an interesting Freudian slip.
09:03 PM on 11/02/2011
Dope. Inquisition...meaning process of asking questions.
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06:50 PM on 11/02/2011
Steps of the Scientific Method

http://www.sciencebuddies.org/science-fair-projects/project_scientific_method.shtml

"The scientific method is a way to ask and answer scientific questions by making observations and doing experiments.
The steps of the scientific method are to:
Ask a Question
Do Background Research
Construct a Hypothesis
Test Your Hypothesis by Doing an Experiment
Analyze Your Data and Draw a Conclusion
Communicate Your Results"

Nothing in their about letting mega Corporations or any one else go though your research documents. You fight it out through Peer Review, not civil action or mass market propaganda. Doing that would only admit you have a weak argument.
09:04 PM on 11/02/2011
What the hell is peer review when the peer group is academia, bought and sold by government grants. I'll give you corporate funding, you give up the political/governmental taint.
09:17 PM on 11/02/2011
OK. What makes the government's money for studies any purer than corporations?. You have sacrificed your objectivity to preach the mantra of anti-corporatism. Peer review's status was flushed down the toilet when the first emails surfaced. It is being manipulated the same way as you suggest corporations do.
05:09 PM on 11/02/2011
This article should be read by all climate deniers. That is of course; those that read with any preception.
03:50 PM on 11/02/2011
Once a person is caught manipulating data to support a conclusion that is popular with some of his peers, all work he does from now on has very little significance.
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qwert1234
haha, charade you are
04:56 PM on 11/02/2011
and who has been caught manipulating data?
06:01 PM on 11/02/2011
I'm not sure if anyone was officially "caught" but, Mann, Briffa, Wahl and Ammann were all told to hit DELETE. I believe since the amount of damage that would result from the release of these emails it not too far of a stretch to conclude that they complied to the request.
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Iamrebelriser
iamrebelriser
11:42 PM on 11/02/2011
Well, for starters, check out who were the fakes(I won't call them scientists) being consulted, so they say, by the Bush Administration? It is about "payoff" from polluting corporations, and that is one of the favorite money makers of Republicans. Haven't you noticed that whatever Republicans want is not safe for humans or our planet? I hope & pray that these criminal politicians are punished in this life so we can feel vindicated.
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HUFFPOST SUPER USER
jimboy71
Hen Diapheron Heautoi
06:28 PM on 11/02/2011
Lies.
03:42 PM on 11/02/2011
What about the academic freedom of those who challenge "the scientific consensus," which is what Galileo was excommunicated for. There are those out there who believe there is more than one solution to the problem of climate changes that have adverse effects on human beings. Or are we to believe that the Great Gore and Gore Alone has THE ANSWER. Anyone who knows the inventor of the Willie Horton ploy would question his infallibility.
05:23 PM on 11/02/2011
Most excellent comment. Author Michael Crichton was quoted once as saying; "once you hear the word consensus with regard to science, grab your wallet".
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HUFFPOST SUPER USER
jimboy71
Hen Diapheron Heautoi
06:31 PM on 11/02/2011
Brilliant!

Which means that we must never trust agreement in science, and always go for the fringe theory.

There is no such thing as gravity. You first over the cliff.
06:38 PM on 11/02/2011
Of course people can challenge "the scientific consensus"...with evidence. The way climate change deniers go, they just say it ain't so and that's that. It is still science, so bring evidence and research.
02:34 PM on 11/02/2011
I was with you until this:

"...dispenser funded by the Scaife Foundations, which are controlled by the family that owns Gulf Oil."

Sheesh, Gulf Oil Corporation ceased to exist in 1985. Since then the name has been used by a number of different unrelated entities, both domestic and foreign.
08:57 PM on 11/02/2011
Factual error.

Do you still agree with the overall thrust of this essay?
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HUFFPOST BLOGGER
rtgmath
There has got to be a better way!
12:21 PM on 11/02/2011
Climate change deniers always make the same two mistakes.

First, they confuse short-term variability with a long-term trend. So a cold winter provokes some responses of "no global warming here!" This has nothing to do with the long term. There will always be variations in weather. What is important is the long-term trend.

While it is true that we have a limited amount of temperature records, we are able to extrapolate much further back in the past. We have growth indicators on long-living plants, we have ice cores, sea sediment cores, coral growth, and and a myriad of other temperature indicators that, while not as good as a thermometer sent back in time, do nearly as well indicating what kind of growth environment (and thus temperature) was available.

How many different fields of science are represented in this mix? You understand a little bit why scientists from every field are concerned with global warming.

The second error is that they confuse local weather with global weather. The globe is indeed warming, but not equally in all places. Some places require more heat energy before the temperature can rise (the higher latitudes). As heat disrupts certain processes (like freshwater melt), other processes are affected (like ocean currents). The effects are uneven.

We are still gathering a lot of information. Science takes time, work, and a lot of patience. Global warming is real. We don't need politicians to threaten us with fraud where none exists.
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WI Patriot
Defending the Constitution.
01:45 PM on 11/02/2011
I think research from several other scientists would help clarify and confirm any findings........
04:35 PM on 11/02/2011
Earth has been warming since the ice age but it is still not as warm today as it was when the Vikings settled Greenland. There is no warming denial going on. It is the extent to which human activity is responsible that is at issue. This part is NOT settled science.
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HUFFPOST SUPER USER
jimboy71
Hen Diapheron Heautoi
06:32 PM on 11/02/2011
Not true.

Link to a credible paper.
07:03 PM on 11/02/2011
Canard. Europe may have been warmer during the Medieval Warm Period, but there's no evidence that the earth as a whole was warmer. The present, extremely rapid warming trend is literally unprecedented.
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HUFFPOST SUPER USER
Sukami
The internet - trollspeak for the ultimate bridge.
11:55 AM on 11/02/2011
To all of the scientists contributing research and analysis that benefit humankind and our environment; Thank you for having the courage to pursue the facts in spite of the forces arrayed against you. You are heroes and heroines and often go unsung. I realize that recognition is not what is most important to many of you, but I have little else to contribute right now in the way of support. Our world badly needs more people of integrity, curiosity, and courage. Thank you for being good examples and continuing the fight against anyone that wants to obscure the truth.
05:35 PM on 11/02/2011
What an interesting lopsided statement. Are you not interested in credible opposing viewpoints because your mind is committed and therefore closed? In an oblique way you have described why there is no serious public debate ongoing regarding climate change.
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HUFFPOST SUPER USER
jimboy71
Hen Diapheron Heautoi
06:33 PM on 11/02/2011
The issue is "credible".

I've not seen a credible alternate explanation for the warming we're experiencing.

Do you have one, or is it all assumption and rhetoric with you?
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HUFFPOST SUPER USER
chrisd3
Excelsior!
07:52 PM on 11/02/2011
"Are you not interested in credible opposing viewpoints "

I'd love to hear a credible opposing viewpoint. We all would. Do you think we WANT global warming to be true? But so far all the "credible opposing viewpoints" have fallen apart on closer examination.
11:48 AM on 11/02/2011
Wait until the GOP takes over in 2012. They will shut down all scientific research - unless it supports their own un-scientific view of the world. They may even pass laws making scientists felons. This article provides me with a host of reasons for voting for Obama in 2012 - plus a Congress that will work with Obama - not against him.
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11:47 AM on 11/02/2011
Of course Mann's work should be held in secret. No scientist should ever have to show their work and all their work should be held from public scrutiny. How can anyone ever make the connection that just because his information is being withheld from view its wrong, tainted, or contains to show global warming is not real? The only reason Mann has for protecting his data from public scrutiny is because it's just very accurate and he doesn't want to give up his trade secrets
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WI Patriot
Defending the Constitution.
11:58 AM on 11/02/2011
The data should not be secret and is public domain.

Since he was in a public university - his emails are subject to FOIA.

Any proprietary software should be kept secret, unless the Govt wants to buy it.
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DC Liberal
The Republican Party - Brought to you by Fox News
02:56 PM on 11/02/2011
Employees of a public university are not covered under FOIA. FOIA only covers executive agencies of the federal government.
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HUFFPOST SUPER USER
hburns1351
I'm too old to be diplomatic
12:15 PM on 11/02/2011
Um, his data is public, peer reviewed and his methods validated.
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12:25 PM on 11/02/2011
Right. This is why they are going to court to fight the release of public data........
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WI Patriot
Defending the Constitution.
11:35 AM on 11/02/2011
The truth is in there somewhere...

From the leaked email"
I've just completed Mike's Nature [the science journal] trick of adding in the real temps to each series for the last 20 years (ie, from 1981 onwards) and from 1961 for Keith's to hide the decline."


here is the graph without manipulation:
http://climatechange.thinkaboutit.eu/scripts/tinymce/jscripts/tiny_mce/plugins/imagemanager/files/Kremlik/moberg.jpg


DIVERGENCE PROBLEM

RealClimate: "As for the 'decline', it is well known that Keith Briffa's maximum latewood tree ring density proxy diverges from the temperature records after 1960 (this is more commonly known as the "divergence problem" - see e.g. the recent discussion in this paper) and has been discussed in the literature since Briffa et al in Nature in 1998 (Nature, 391, 678-682)."

â– Tree-rings react very weakly to increasing temperatures. It seems that upon reaching certain level of temperatures, the trees react weakly to any further temperature increase.
â– Tree-rings do not reflect the late 20th century warming.
â– Hence it is logical to assume, that they do not reflect the Medieval Warm Period either.
â– If you use only tree-rings you get this traph: no MWP but also no Global Warming in the late 20th century.
http://climatechange.thinkaboutit.eu/think4/post/mann_and_briffa_explaining_the_micks_nature_trick
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TheEmptyMonty
President of Antarctica
12:47 PM on 11/02/2011
The current divergence is likely also linked to aerosol pollution, a well-known influence on insolation, and the obvious effect on photosynthetic productivity.
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HUFFPOST SUPER USER
jimboy71
Hen Diapheron Heautoi
12:51 PM on 11/02/2011
It just won't die. This has been refuted over, and over, and over again. The CRU of E. Anglia has been absolved in EIGHT separate investigations, yet here you are, spamming this out of context nonsense.

Do you know what a trick is in stats? Do you know what decline was being hidden?

Not what you think, you know.
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WI Patriot
Defending the Constitution.
01:42 PM on 11/02/2011
How bout 8 separate scientists who come to similar results and is not represented by one of the nation's largest special interest lobby and public unions?
05:46 PM on 11/02/2011
If something isn't "up" why did he write the email? What won't die is the silly notion that there is consensus? What are you guys afraid of keeping the debate open? Why all the talk of blanket agreement, except it is a method of seizing power over public policy? There is too much at stake to stop the discussion and all those who are intellectually honest will agree to that. I refer you to recent studies at CERN and NASA. The former regarding the impact of solar radiation on warming and the former concerning the rate of warming in "accepted" models being hugely overstated.
HUFFPOST PUNDIT
ThatsTheTheWayItIs
religion, ideology, partisanship are delusional
11:15 AM on 11/02/2011
We scientists are not advocates or partisans. We do not win or lose, truth hopefully wins.
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HUFFPOST BLOGGER
rtgmath
There has got to be a better way!
01:23 PM on 11/02/2011
F&F
05:51 PM on 11/02/2011
You F&F post only shows you have a closed mind. Labeling and name calling shall never cloak the truth.
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WI Patriot
Defending the Constitution.
01:40 PM on 11/02/2011
The AAUP is a public union affiliated with AFSCME - one of the largests political lobbies in the Country supports partisans.

As long as scientists from public universities lobby for more money and are players in partisan politics....(I see the AAUP wants to strike down SB5 in Ohio I noticed...not suprising) ................................

Those scientists will never have the public's trust. To say "We scientists are not advocates or partisans" is laughable.
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HUFFPOST SUPER USER
jimboy71
Hen Diapheron Heautoi
06:39 PM on 11/02/2011
Garbage. I want to see you try and live without everything that science and labour have brought you.

For shame.
07:08 PM on 11/02/2011
Unions! Ohhhhh noooooeeees!