University may fight Cuccinelli demand

The University of Virginia has hired a law firm to explore its options in responding to a demand by state Attorney General Ken Cuccinelli that UVa turn over documents and correspondence related to a former climatology researcher.

Cuccinelli sent UVa a civil investigative demand — which has the legal force of a subpoena — to investigate the research activities of Michael Mann, a former UVa professor of environmental science who is widely known for his research into global climate change.

UVa had previously said it had no choice but to comply with Cuccinelli’s demand, despite objections from UVa’s Faculty Senate, the Virginia ACLU, the American Association of University Professors and other groups that allege that Cuccinelli’s actions were politically motivated and could infringe on academic freedom.

“The university and its Board of Visitors believe it is important to respond to this CID,” said John O. Wynne, university rector, in a news release Friday evening. “Research universities must defend the privilege of academic freedom in the creation of new knowledge.”

UVa has engaged the law firm Hogan Lovells in the matter. UVa spokeswoman Carol Wood said the firm would be paid out of private sources of funding, rather than tuition or Virginia tax dollars. “It will be paid out of nongeneral funds,” Wood said.

Brian Gottstein, director of communications for the attorney general’s office, did not immediately respond to a request for comment Friday night.

According to Cuccinelli’s civil investigative demand, the attorney general is looking into the possibility that Mann defrauded taxpayers when seeking grant funding for his research.

UVa has until May 27 to respond to Cuccinelli’s subpoena.

Several academic groups have urged UVa to fight the demand from Cuccinelli’s office. In hiring a law firm to advise UVa on its options, the university may be taking a step in that direction.

Ann Hamric, a nursing professor and chairwoman of UVa’s Faculty Senate, praised UVa’s decision to hire counsel as it deals with Cuccinelli’s demand.

“The Senate has grave concerns about the AG’s actions and the message it sends about academic freedom,” she said. “I’m pleased to see that the university is taking this seriously and is moving forward.”

The Faculty Senate has passed a resolution pointing out that any grant funding Mann received would have been awarded after an “impartial, stringent peer review by respected independent scientists under the auspices of national scientific research organizations.” It goes on to note that Mann’s research findings have been reported in leading scientific journals, which are also subject to rigorous peer review.

UVa President John T. Casteen III said in a statement Friday evening that he has heard the “concerns and apprehensions” raised by Cuccinelli’s subpoena.

“Leading scientists and others have expressed concern that the issuance of a CID in this situation may be as much a political gesture as a search for scientific truth,” Casteen said.

Cuccinelli is a vocal skeptic of global warming.

He is challenging in court the Environmental Protection Agency’s authority to regulate greenhouse gas emissions that may be contributing to climate change.

U.S. Rep. Jim Moran, D-Alexandria, sent a letter to Cuccinelli earlier this week urging him to rescind the CID.

“One can only conclude that your investigation is motivated by the desire to silence those with whom you disagree,” Moran wrote in the letter sent Tuesday. “Your cynical employment of the Commonwealth’s constitutional office to attempt to discredit these findings sets a dangerous precedent that will have a chilling effect on future academic freedom and scientific inquiry.”