The “Cooch” Gets His Ass Whupped

Jim Bacon, our favorite bloviator, seems to be a little too enamored with Kenneth Cuccinelli, our hard-charging attorney general who battles his highly-politicized court fights and opinions.
As the Grand Baconator Deluxe writes:
“It will be take-no-prisoners time in Northern Virginia this Tuesday evening at the Virginia Conservative PAC fundraiser. Ken Cuccinelli will be the headline speaker. I don’t know what the Attorney General plans to talk about, but I suspect the words “kicking butt” and “taking names” will apply.”
Well, Jimbo, Ole Cooch just got his ass whupped in Charlottesville.
Today, Albemarle County Judge Paul M. Peatross Jr. threw out that five civil investigative demands issued by Cuccinelli against the University of Virginia in his probe of possible fraud by global warming specialty Michael Mann.
Peatross ruled that the attorney general had not shown that the CIDs were relevant and had not sufficiently “stated the nature of the conduct” that is allegedly fraudulent.
Mann, who left U.Va., 2005 and now teaches at Penn State University, believes that human activity has contributed to global warming. Cuccinelli, a staunch conservative who doubts global warming, believes that Mann fudged research while at U.Va. He is demanding data and emails from 40 scientists around the world.
The case has gained international attention and outcries from such groups as the American Association of University Professors and the Union of Concerned Scientists which says that at least one of Cuccinelli’s CIDs seeks information that has nothing to do with Mann.
The Charlottesville judge also ruled that Cuccinelli has the power to issue CIDs against the university and could come back with revised ones.
Since taking office in January, Cuccinelli has issued a series of controversial opinions and filed politically-tainted lawsuits. He has said that gays have no right to protection at public universities, that the Environmental Protection Agency cannot regulate carbon dioxide, and that Christmas decorations can be erected on public property if equal space is given to other religions. On Aug. 2, a federal judge in Richmond allowed his lawsuit against a new federal health care plan to proceed.
Does that make it 1-1? What’s the expense to taxpayers for all this nonsense? Groveton? Any ideas?
Peter Galuszka

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14 responses to “The “Cooch” Gets His Ass Whupped”

  1. Groveton Avatar

    "Does that make it 1-1? What's the expense to taxpayers for all this nonsense? Groveton? Any ideas?".

    I feel the same way when I see Cuccinelli as I do when I see a US Marine. Money well spent!

    No real surprise that a Charlottesville judge drank the "academic freedom" cool aid. I expect this fight will go several rounds.

    In some ways it's almost required for the judiciary to obstruct the will of the people. America needs a constitutional crisis to get us back to a rational governance model. That crisis will only occur when a sufficient percentage of Americans come to believe that the political class (including the judges and university deans) can't be reformed without dramatic change.

    The only way to avoid Grovetongeddon is to re-write the US Constitution. Jefferson thought the constitution would be re-written every generation. He was right. We're overdue. And the more that the judiciary and other members of the political class thwart the will of the people – the faster it will get done.

  2. Gooze Views Avatar
    Gooze Views

    Do me a peronal favor. Don't denigrate the U.S. Marines.
    Peter Galuszka

  3. Cucinelli. My favorite little war-lord, state nullification pusher and would-be destroyer of our Constitution. Why have you rejected science?

  4. Sorry; misspelled 'Cuccinelli'.

  5. Larry G Avatar

    get out the pitchforks and torches…. get ready to rumble…..

  6. Groveton Avatar

    Interesting reading …

    These are the guys who make Cuccinelli suspicious.

    They make me suspicious too.

  7. Groveton Avatar

    One more time liberals …

    Ken Cuccinelli can:

    A) Increase the regulation of abortion clinics in Virginia

    B) Legislate the requirements for abortion clinics in Virginia

    C) Neither of the above.

    Yes, liberals, the answer is C. Ken Cuccinelli cannot regulate or legislate anything. That what the governor, state board of health and General Assembly do.

    All Cuccinelli can say (in answer to a hypothetical question) is that such regulation and/or legislation would be constitutional.

    Why does Cuccinelli think it would be legal? Because a very similar law was passed in South Carolina in 1995 and subsequently upheld by a federal judge. See: Greenville Women's Clinic v. Bryant.

    The case was appealed to the US Supreme Court which refused to hear the case.

    I give up liberals … what should Ken Cuccinelli have said when Sen. Ralph Smith and Del. Robert Marshall requested the attorney general’s official legal opinion regarding whether the commonwealth can regulate facilities that provide first trimester abortions as well as the medical personnel who perform them?

    I guess the new age private elementary schools where liberals were supposed to learn civics spent the time trying to teach self-esteem instead. Unfortunately, it seems that neither civics nor self-esteem was learned.

    If you don't want abortion clinics to be more heavily regulated then you need to work to elect politicians who won't add regulations to abortion clinics.

    However, carping about an Attorney General who correctly provides legal opinions to legislators who ask him hypothetical questions is pretty silly.

    Tossing rocks at empty pigeon holes indeed.

  8. Accurate Avatar

    Wow Gooze, your post drips with hate (and I don't throw that word around like some people do). I don't live in VA and don't really follow the man but (as a conservative) I'm more than happy when someone challenges the liberal biases that pervade our culture. Might I point out that a recent board, the IAC slammed the IPCC on their report? You claim that Cuccinelli doesn't believe in Global Warming. Is it that he doesn't believe in it, or that he doesn't believe that man had much to do with the change and that man can't do much about it (Gee Moria, funny how 'science' hasn't explained all the previous climate changes both when man wasn't around AND before man had the internal combustion engine).

  9. Gooze Views Avatar
    Gooze Views

    I am personally no fan of abortions, but there is such a thing as the U.S. COnstitution and Roe V. Wade. Marsh has a political axe to wield. Why, suddenly, are abortion clinics not up to snuff in terms of cleanliness.

    You are entitled to your views, but "hate" is a stupid word to use. Plenty of people in the academic community from the AAUP on down see Cuccinelli's intrusion and politicization of research an echo of Joe McCarthy. I'm going to keep writing and blogging about this, so you can read me or not. no moment to me.

    Peter Galuszka

  10. Anonymous Avatar

    Anon said:

    "Might I point out that a recent board, the IAC slammed the IPCC on their report?"

    Did Anon happen to read the IAC reprot. It is not a slam and does not suggest that anything IPCC has said and not corrected is wrong.

    All the independent studies of IPCC have concluded that whatever errors they made it does not alter the fact that the planet is warming at an accellerating rate and that humans are the primary cause.

    Also good post Groveton, especially "pigeon holes indeed."

    But then you tossed rocks at 'liberal' and that is also an empty pigeon hole, perhaps as empth as 'conservative.'


  11. Groveton Avatar

    Interestingly … the court did not exempt universities from CIDs. The court found that univerities are corporations and are potentially subject to CIDs.

    The court did find that Virginia's AG has no authority to use CIDs for grants of federal funds. Frankly, that makes sense to me. The fedral governemnt is broken beyond repair. Virginia's politicians should focus on matters specific to Virginia.

    However, Cuccinelli will refile two of the five CIDs which pertain to state funded research. That certainly doesn't guarantee that Cuccinelli will prevail – only that he gets "another turn at bat".

    The question of the pace of global warming has huge implications for just about everything in the United States and in Virginia. Despite that, the East Anglia e-mails raise suspicions about the motivations and integrity of some people known as "global warming alarmists". From "Mike's nature trick" to "hide the decline" to a concerted effort to hinder publication of research contrary to global warming alarmism, there is legitimate cause for concern.

    Did any "monkey business" happen with state funds at UVA? I have no idea. However, given the East Anglia e-mails and the economic disruption which would accompany widespread acceptance of Michael Mann's "hockey stick graph" I am very happy that one of our elected officials is paying attention.

    If Mann is right and not just an idealogue then we are moving too slowly. A review of his e-mails and research would certainly help establish whether his "hockey stick theory" has any credibility. There are certainly many people who do not believe that Mr. Mann is entirely credible.

    In fact, if Mr. Mann really believes his "hockey stick graph" then he must believe the Earth is in deep touble. One would think that would provide sufficient motivation to voluntarily disclose the documents requested by Ken Cuccinelli.

    As an interesting aside, former state climatologist and UVA reseracher Pat Michaels said he would voluntarily disclose any information requested regarding his research. Mr. Michaels believes that human activity is causing global warming but does not believe it is happening as quickly as Mr. Mann protrays in his "hockey stick chart".

    This reminds me a lot of Bush's "weapons of mass destruction". Good people died and a vast fortune was spent based (at least partly) on a false premise. Shouldn't our elecetd officials have spent more time looking at the evidence before invading?

    Shouldn't we know what Mr. Mann was really doing with those taxpayer dollars before we start re-writing the world's economic system based on the "hockey stick graph"?

  12. Hockey stick graph, my A__.

    If this does not convince you that CO2 is going up, I don't know what would.

    OK, so then the question is whether this is caused by man made activity.

    Well, you cannot burn a hundred billion tons of coal without making CO2.

    That still isn't sufficient to determine precisely whether or how the CO2 created is enough to disrupt the CO2 cycle, but it is good enough for me.

  13. "OK, so then the question is whether this is caused by man made activity.".

    No. The question is how fast it's going up.

    If you have slightly elevated blood pressure you watch your diet and exercise.

    If you have high blood pressure you take a pill.

    If you have fully blocked arteries you get a bypass.

    If you are having a heart attack you get defibrillated or have an emergency stent inserted.

    The reaction to the problem must match the severity of the problem. Drastic action has its own risk. Nobody would perform emergency stent inertion for slightly elevated blood prssure.

    The argument against Michael Mann is that he exaggerated the slope of the curve. Hence the hockey stick analogy.

    Why might he do this? To get more funding? To get funding which might have otherwise gone to research some other problem?

    Who knows. UVA lied about the FOIA data.

    Maybe Mann did nothing wrong. Maybe he's right.

    Who knows? UVA blocked Cuccinelli's CID.

    One thing for sure … the hacked East Anglia e-mails sure sound suspicious.

  14. Anonymous Avatar

    Why would anyone presume that academics looking for funding are any more or less honest than Wall Street bankers looking for funding? If Wall Street makes money without providing value to the economy in many cases, why should we be surprised if some academics try to do the same thing?

    This is not to argue whether or not temperatures are rising or that carbon emission are immaterial. People constantly on the prowl for someone else's money need to be watched carefully, whether they are on Wall Street, DoD contractors, academics at our leading universities, K Street lobbyists, or members of Congress.


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