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U.S. Constitution
See other U.S. Constitution Articles

Title: GOP AGs warn Dems that if climate skeptics can be prosecuted for ‘fraud,’ so can alarmists
Source: Washington Times
URL Source: http://www.washingtontimes.com/news ... e-alarmists-can-be-prosecuted/
Published: Jun 16, 2016
Author: Valerie Richardson
Post Date: 2016-06-17 18:17:01 by cranky
Keywords: None
Views: 746
Comments: 3

Climate change activists are taking some heat of their own after what has been called a “clear conspiracy” to hide records from the public at George Mason University.

If Democratic attorneys general can pursue climate change skeptics for fraud, then also at risk of prosecution are climate alarmists whose predictions of global doom have failed to materialize.

The “cuts both ways” argument was among those raised by 13 Republican attorneys general in a letter urging their Democratic counterparts to stop using their law enforcement power against fossil fuel companies and others that challenge the climate change catastrophe narrative.

Consider carefully the legal precedent and threat to free speech, said the state prosecutors in their letter this week, headed by Alabama Attorney General Luther Strange.

“If it is possible to minimize the risks of climate change, then the same goes for exaggeration,” said the letter. “If minimization is fraud, exaggeration is fraud.”

The letter comes as Exxon Mobil fights off subpoenas by two prosecutors — Massachusetts Attorney General Maura Healey and Virgin Islands Attorney General Claude E. Walker — for decades’ worth of climate-related documents and communications with academics, universities and free-market think tanks.

New York Attorney General Eric T. Schneiderman and California Attorney General Kamala Harris have also reportedly launched probes.


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The 17 attorneys general — 16 Democrats and one independent — announced at a March 29 press conference that they had formed a coalition, AGs United for Clean Power.

“We think this effort by our colleagues to police the global warming debate through the power of the subpoena is a grave mistake,” said the letter.

The name of the coalition itself shows that the attorneys general “have taken the unusual step of aligning themselves with the competition of their investigative targets,” namely the solar and wind energy.

“If the focus is fraud, such alignment by law enforcement sends the dangerous signal that companies in certain segments of the energy market need not worry about their misrepresentations,” said the GOP letter.

Democrats have denied that the effort violates Exxon’s free-speech rights. Schneiderman spokesman Eric Soufer said in a statement that, “The law is clear: the First Amendment does not give any corporation the right to commit fraud.”

The campaign against Exxon, backed by a bevy of climate change groups such as the Union of Concerned Scientists, which has advised the Democrat-led coalition, also violates the Constitution by sending the message that certain viewpoints represent a prosecutable offense, the letter said.

“Actions indicating that one side of the climate debate should fear prosecution chills free speech in violation of a formerly bipartisan First Amendment consensus,” said the Republicans.

In addition to Mr. Strange, those signing the letter were Attorneys General Ken Paxton of Texas, Bill Schuette of Michigan, Craig Richards of Alaska, Doug Peterson of Nebraska, Adam Laxalt of Nevada, Mark Brnovich of Arizona, Sean Reyes of Utah, Leslie Rutledge of Arkansas, Scott Pruitt of Oklahoma, Brad Schimel of Wisconsin, Jeff Landry of Louisiana and Alan Wilson of South Carolina.

Copyright © 2016 The Washington Times, LLC. Click here for reprint permission.

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Begin Trace Mode for Comment # 3.

#1. To: cranky (#0)

Exxon Sues Second Attorney General In Response To Fraud Investigation

Jun 17, 2016 1:35 pm

ExxonMobil sued a second attorney general involved in the fraud investigation against the company this week. The investigation, brought by attorneys general around the country and some environmental groups, looks into whether the oil company was hiding the truth about climate science from the public and their investors.

After suing Virgin Islands Attorney General Claude Walker in April on similar claims, Exxon’s next target is Maura Healey, the attorney general in Massachusetts. Healey is one of the attorneys general in the self-titled “AGs United for Clean Power” involved in the investigation.

Exxon accused Healey of using the investigation for political purposes by “targeting the speech of [her] political opponents” and “exposing [the company’s] documents that may be politically useful to climate activists,” according to the lawsuit. The company argues that the investigation is a violation of free speech protected under the First Amendment, and conservative representatives and attorneys general opposing the investigation agree. In addition, Exxon claimed the investigation violates their Fourth and Fourteenth Amendment rights.

Healey joined 16 other attorneys general and eight climate environmental groups that subpoenaed Exxon for documents as far back as the 1970s. The company responded that "demands for millions of documents that span four decades are not justified by any legitimate law enforcement objective." The law which was potentially violated has a four-year statute of limitations, which is the company's defense for why Healey cannot investigate Exxon based on this law. Further, the lawsuit claimed that in that past five years, the company has not "sold fossil fuel derived products" or "owned or operated a single retail store or gas station" in her state.

ConservingFreedom  posted on  2016-06-17   21:45:00 ET  (1 image) Reply   Untrace   Trace   Private Reply  


#3. To: ConservingFreedom (#1)

Exxon Sues Second Attorney General In Response To Fraud Investigation

Maybe the worm has turned.

It's about time corporations hit back.

cranky  posted on  2016-06-18   8:30:48 ET  Reply   Untrace   Trace   Private Reply  


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