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Tea Party Candidate “disappointed” in Hurt’s “refusal to engage in debate with us”

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I think it’s fair to say that 5th CD Republican Party congressional nominee Robert Hurt is not exactly getting rave reviews for his decision to flip flop on debating the tea party candidate in the race, Jeffrey Clark. To read what Clark has to say, click here. For now, an excerpt will do:

I was disappointed to hear of Senator Hurt’s change of position or the mix up that occurred concerning his opinion on the issue of the upcoming debates. I understand he believes that unless you have the money and backing you have no legitimate claim to be included in the political process because you risk being nothing more than a distraction in the important debate of how the two political parties intend to best govern us in the future.

On this matter, I respectfully must disagree with Mr. Hurt. Although it is true I am not independently wealthy and am nothing more than a common citizen that does not have the backing of the political parties

Anyway, you get the idea — Jeffrey Clark is not happy with Robert Hurt. Not that this is surprising, given Clark’s need to appear in debates to have any chance at all of winning this election.  Still, the fact is that Hurt did seem to flip flop on this one, apparently once his boss Chris LaCivita knocked some sense into him, and Clark’s not pleased.

Meanwhile, the Roanoke Times weighs in, writing that “Hurt, state senator who spent six years in the House of Delegates, should have nothing to fear.”  Except that Hurt clearly does have something to fear, namely that Clark might take votes away from him and tip the election to Tom Perriello. It makes sense from a purely political point of view. The problem for Hurt is that this is about as anti-political a year as you’ll ever see.  Does Hurt really want to be acting like a typical,  calculating, conniving politician in the year of the Tea Partiers?  Something tells me, in the end, that Jeffrey Clark will end up in these debates — whether Hurt’s puppet master, Chris LaCivita, likes it or not!

BREAKING: Huffington Post Reports McChrystal Tendered Resignation

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Read more here.

Update: McChrystal has told NBC News that he did not tender his resignation.  You can find the reference here.

Mutiny Among the Military

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UPDATE: This was first published in bluecommonwealth.com over a year ago; in view of the Rolling Stone article I am re-printing it now. At the time, I was concerned about the politicization of the military by President Bush, and the growing power of the military-industrial complex under his administration, coupled with a virulent anti-Obama group of rising younger officers. Today we see the results. Note unedited e-mails circulating among younger officers.

One week after his inauguration Barack Obama is facing the first security test of America and his presidency, and the attack is coming not from sinister jihadist cave-dwellers, but from the Pentagon and a disgruntled cabal of both retired and active-duty top-ranking military officers. Included in the group are General David Petraeus (author of the “Surge” in Iraq, named CENTCOM Commander by Bush in October 2008), General Ray Odierno (replaced Petraeus as top commander in Iraq), General Jack Keane, US Army, ret. (Vice-Chief of Staff of the Army 1999-2003), a network of senior (and some not-so-senior) military officers, and very possibly Robert Gates (Secretary of Defense, held over from the Bush administration by Obama). Frustrated by President Obama’s determination to withdraw troops from Iraq, there is evidence they are mounting a public relations campaign to trivialize and intimidate Obama into doing as they want, in what amounts to acts of insubordination, thereby creating a constitutional crisis.

During the closing days of 2008 then-President Bush’s administration was frantically negotiating a new Status of Forces Agreement (SOFA) with Iraq, because the UN resolution authorizing the  use of Coalition forces (mainly American) in Iraq ran out on 31 December 2008. The new SOFA, signed just in the nick of time, stipulated that US troops would be withdrawn from all Iraqi cities by 30 June 2009 (this year), and all troops would leave Iraq completely by New Year’s Day 2012 (within 36 months).

In mid-December 2008 Secretary Gates and Admiral Mike Mullen (became Chairman of the Joint Chiefs of Staff 1 October 2007), met with President-elect Obama, according to a New York Times story dated 18 December, and told Obama they recommended re-categorizing “large numbers” of combat troops as support troops. http://www.huffingtonpost.com/…

This re-labeling subterfuge was intended to permit Obama to keep his campaign promise to withdraw American troops within 16 months without actually removing any combat forces at all- thus also subverting the SOFA’s intent, in a “rose by any other name” maneuver designed to fool the media and, hopefully, the Iraqis. On 21 January 2009 General David Petraeus, supported by Secretary Gates, met with now-President Obama in the Oval Office, and “tried to convince (him)… that he had to back down from his campaign pledge.” Obama refused and directed Gates, Petraeus, and Admiral Mullen, to return quickly with a detailed 16-month plan for withdrawal. Petraeus was “visibly unhappy” when he left the Oval Office, according to a staffer who was present, who explained “Petraeus made the mistake of thinking he was still dealing with George Bush instead of with Barack Obama.”

Retired General Keane has been from the beginning a key player in the entire Surge policy.  He was Petraeus’ mentor and political ally, persuading President Bush to ignore the concerns of the Joint Chiefs of Staff about the stress on the military of Iraq combined with the deteriorating situation in Afghanistan, and to appoint Petraeus top commander in Iraq when General George Casey refused to support the Surge. President Bush in September 2007 even promised that Petraeus could have as many troops as he needed “for as long as wanted” (as Bob Woodward reports in his book The War Within).  Keane also persuaded Gates to make Petraeus the new commander of CENTCOM by arguing that keeping Petraeus over there would be insurance against a Democratic administration’s changing Bush policies in the Mid East.  

An outline for the public relations campaign against Obama turned up the very evening of 21 January, right after a stunned and angry Petraeus left the Oval Office, when General Keane was on the Lehrer News Hour. The theme was that Obama’s withdrawal policy would threaten the gains supposedly won by Bush’s Surge. Keane insisted that Obama’s plan would jeopardize what he called the “stable political situation in Iraq,” and was unacceptably risky.

The New York Times published an interview with Odierno on 29 January which hinted that President Obama was “open to alternatives.”  The point was that Odierno had his own plan for a slower draw-down, hinting that it might take the rest of the year to determine when a significant withdrawal might begin. This was, of course, a direct contradiction of the President’s express orders on 21 January. The Keane network includes senior active duty officers in the Pentagon who will begin working the journalists who cover the Pentagon, making the case that Obama’s reckless withdrawal plan will create an eventual political collapse of Iraq, supposedly because, with American troops out of the way, civil war will surely break out, and all of America’s hard work will be for naught. Who will bankroll such a public relations effort? I suspect the industrial-military complex, those corporations who make bundle out of constant warfare.

Gareth Porter in the Huffington article believes that Keane convinced Gates, Odierno, and Petraeus that no Democratic President could stand the political risk of rejecting Petraeus’ recommendation to delay troop withdrawal—- hence Petraeus’ bitter shock, and the plans of Keane’s network to take Obama down.  Joe Klein, writing in Time magazine, claims that Obama told Petraeus during his July trip to Iraq that, if he were elected, he would “regard the overall health of the U.S. Army and Marine Corps and the situation in Afghanistan as more important than Petraeus’ obvious interest in maximizing U.S. troop strength in Iraq.” It seems that Petraeus believed his mentor Keane rather than the Democratic candidate.  And, why not? The Pentagon had Bush completely under their thumb, and Keane’s far flung network can ruin Obama.

I myself have received copies of some alarming e-mails from younger mid-level officers, those who will be our next generation of generals, spouting  attacks on Obama, picking apart his every utterance and every appointment he makes, and wildly defending Bush and his policies, sounding more like Rush Limbaugh and talk radio than commissioned officers as they spout right-wing talking points. Example: In going over Obama’s Inauguration speech, every phrase was rebutted or scorned: “We reject as false the choice between our own safety and our ideals,” said Obama (whom they call “the enlightened one” whenever possible). The rebuttal by the officer: “this is simply slander, pure and simple. This is the old “shredding the Constitution” line cloaked in lofty rhetoric…. Furthermore, virtually everything the administration has done with respect to security has been upheld by the courts. No-one’s ideals were rejected except perhaps the ACLU’s.”  When it comes to climate change there is an orgy of sneering, including “Still spreading the old global warming fear, just as scientists are coming forward to admit that the theories were flawed… the planet has actually cooled over the past 10 years.”

The intent of these e-mails is to trivialize and debase respect for President Obama, and that is even more explicit in a rather pompous e-mail from another young officer, purporting to offer advice to Mr. Obama on how to change his performance before he becomes a laughing stock and humiliates America before the entire world. Sample phrases: “Even the fawning media—- that is responsible in some way for the crisis, given that they chose to be Pravda-like in encouraging the messianic style that got a haughty Obama in his present mess—- will start bailing in efforts to restore their lost fides.”  And more “Then there were the inflated lectures on historic foreign policy to be made by the clumsy political novice who trashed his own country and his predecessor in the most ungracious manner overseas.” And finally the free advice, “Drop all the talk about the best, the most, the greatest ethical, moral, legal…I think Geithner cannot now stay… Never trash your predecessor or the US abroad.  Trust Billary, Gates, and Jones on foreign policy. Hush about the Bush homeland security measures. Just accept them as necessary evils. Halve the stimulus. Insist on tax-cuts rather than hand-outs…Replace Gibbs…. So stop ‘Bush did it’ refrains. And stop the trash Rush/Hannety/talkradio/Fox.” It is as if these officers are psyching themselves up to attempt a coup d’etat.

Obama is under a planned assault on several fronts, including not merely the openly political Republican element but, worse, from the Pentagonese military cabal. The Capitol Hill Republicans (including retirees like Newt Gingrich) are specializing in the so-called stimulus package; we will never hear the end of it. The Pentagonese are specializing in the Iraq withdrawal and military policy. Bill Clinton ran into a buzz saw when he started his Presidency with an attempt to eliminate the ban on homosexuality in the military; his top generals defied him successfully, and he caved in, leaving us with “Don’t ask, don’t tell.” The Republicans took notes, and concluded that “Clinton was a political pushover,” said David Lindorff, writing in The Smirking Chimp on 4 February (http://www.smirkingchimp.com)  Obama is about to receive the same treatment from this disgruntled group of the military, aided by the disgruntled Republicans.

Mr. Lindorff’s recommendation is that Obama move swiftly to nip the mutiny in the bud, or his presidency will be toast.  “Obama must sack Petraeus and Odierno, and any other general who tries —- openly or behind the scenes—- to move politically against his military strategy and orders.”  I concur. Remember how Truman fired McArthur when that egotist went behind the back of his Commander in Chief to Republicans in Congress to lobby for a wider war in Korea. Id Petraeus and Odierno disagree with their CIC, they can do as Admiral Fallon did when he opposed Cheney’s plans to invade Iran: he resigned.  

This is a very serious constitutional question. My own father, a general officer, told me on more than one occasion, that the greatest invention of the American system, and its greatest protection, was the absolute subordination of the military to the elected civil authority. That is what at risk with our new egotist, Petraeus, and his mentor, Keane. As Lindorff says, “For the past eight years, the biggest threat to American democracy was that a president and vice-president attempted to convert the office of president into a military dictatorship, with the position of commander in chief subsuming and replacing the position of president. Now the danger is that the nation’s top generals are trying to eliminate or emasculate the president’s rule as commander in chief, making the generals the leaders of the nation’s military. Both dangers are equally threatening to constitutional government.”  

BREAKING: Judge Halts President’s Moratorium on Deep Water Drilling

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A federal judge has granted victory to Louisiana drillers and reversed President Obama’s six-month moratorium on issuing new deep-water drilling permits. The judge issued a restraining order to halt the order from taking effect. The White House will appeal.

According to MSNBC,


District Judge Martin Feldman said the Interior Department failed to provide adequate reasoning and that the moratorium seems to assume that because one rig failed, all companies and rigs doing deepwater drilling pose an imminent danger.

There are still several thousand wells (more than 100 times as many operational wells as the number of halted permits) still operating during the new permit moratorium.  But the plaintiffs argued, I believe falsely, that the 33 in question were critical economically. It is as if they either think or rationalize that the future destruction of one quarter or more of our nation’s coastal areas is justified.  It is also as if this court condones the numerous deceptive filings and cutting corners that imperil deep water rigs.  Without reforming the permit and inspection processes, there can be no justification for proceeding as if nothing happened.

Were there any semblance of a fair (as in balanced) lower court system in the US, the result would have likely been far different.  The damage done to the Gulf is not only fresh but magnifying each day this catastrophic assault on our country continues.  Yet, the lower court sold us out to special interests.

Breakfast with Boucher

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For local Dems, each time US Rep Boucher returns to the New River Valley, it has always seemed like a friend returning home.  And so, this Monday, sixty Montgomery County (VA) Democrats turned out early to share breakfast and conversation with Congressman Boucher–and each other.  After breakfast, Boucher addressed the group.  A question-and-answer session followed.  

From the health care bill vote, to foreign affairs to energy and infrastructure, Boucher reflected on the past legislative year and what he expects to work on this coming year. (Already he is working on an internet privacy bill, as was reported this week on NPR.) Here, we can be a tough bunch.  We all have our own ideas on so many issues, but time and again, we realize how lucky we are to have a Democrat with an understanding of our diverse populations throughout the sprawling 9th.

Back in 2004 I wrote the following:

Unless you watched the Clinton impeachment hearings, where Rep. Rick Boucher (D-VA) worked tirelessly to avert a GOP coup d’etat, you might not have heard of him. You might not know that Rick is a staunch defender of the Constitution (e.g., he voted against the civil-liberties- eroding Patriot Act), of women’s reproductive health, and of affirmative action. You might not know he’s been an outspoken critic of the Bush administration’s mishandling of US foreign policy, particularly the Middle East Peace process and the Iraq quagmire. And, you might not know of his strong advocacy for education, and health care or his good stewardship of our nation’s fiscal and environmental resources. But the Republicans know about Rick and they’ve targeted him for defeat.

In 2002, even quicker than you can say “carpet-bagger,” Jay Katzen moved into our area (from four hours away) to establish “residency,” and then, when he lost, moved back to NOVA just as quickly. This time, the GOP bets on a NASCAR-connected opponent, Kevin Triplett, who hasn’t lived in Virginia for years, but moved back as fast as a speeding bullet (I mean race car).

Just this Monday, Dick Cheney jetted into Roanoke to raise money for Triplett. Vice-Buck Passer Cheney stayed at the fundraiser a whopping 20 minutes, but was there long enough to blame the economy here in the 9th on Rick Boucher! It should be noted that Cheney never actually even set foot in the 9th Congressional District. But we have a message for Bush, Cheney and the rest of the GOP: Not so fast!

They don’t know the 9th. They stereotype us here when they assume we all think alike; care only about NASCAR: and look, talk and act a certain way. Most of all, they don’t know who Rick is.

Ask anyone who knows Rick and he’ll tell you he’s the hardest working member of Congress. To spend time getting to know his constituents, Rick spends nearly all his spare time (when not in session or committee) visiting his far-flung constituents, understanding them, and advocating for them. As I’ll describe in another in this series, it takes about five hours (each way) to drive from the northernmost to the southwestern-most tip of his district. And yet Rick Boucher provides the most effective representation of anyone in Congress.

I can tell you what a challenge traversing this district really is. The 9th District is the largest land-wise, and therefore the most dispersed population-wise in the state. I chaired the Montgomery County, VA, volunteer campaign for Howard Dean. I could never have covered the entire 9th. I don’t know how Rick does it. But Rick handles the challenge along with his official duties in Washington. National Journal (3/23/02) reported that Rick is back visiting constituents nearly every weekend.

Across this sprawling region, Rick’s efforts to bring jobs and investment have flown in the face of a Bush-Cheney administration which extols the mass export of jobs. Early on, Boucher understood that remote regions could be linked to the electronic “superhighway,” and therefore to jobs with call centers, order fulfillment, and more. Today, Rick is an expert in internet technology. And he’s possibly the most knowledgeable in Congress on the subject of energy.

Another example of Rick’s bringing creative solutions to problems was also recounted in National Journal. When the town of Grundy experienced many disastrous floods in its downtown district, Rick helped the town find a way to move to higher ground.

When a group of local Democrats thanked him for his vote against the Patriot Act, he told us that when he was a junior Congressman, the House leader’s advice was to figure out what he’d be willing to sacrifice his job for. First and foremost, Rick knew, he’d defend the Constitution above all else. So, in a heavily Republican state, Rick held his ground.

I usually agree with Rick Boucher, but not always. When I don’t, I can depend on Rick to have solid reasons for his position and an enlightening and articulate conversation about his views. That’s why he has the respect of voters in the 9th.

Since I began voting, I have lived in four states (California; Washington; New York; and Virginia, where I’ve lived for the past 23 years). I have never seen a Congressman so accessible to his constituents. Where else is it possible for voters to meet, greet and TALK WITH their Congressman not once, but numerous times, each year? Rick sits down and listens. Other politicians talk about bringing town hall democracy to citizens, but Rick’s been doing this for nearly 22 years.

A friend of mine grew up in Christiansburg, VA, but moved to New York years ago. Now back home in the 9th, she told me she was amazed that, when it comes to having an enlightened, articulate, knowledgeable, and approachable Congressman, she is better off here in Southwest Virginia than in New York. Across Virginia, you benefit from having Rick advocate for the Constitution and progressive values.

End of quote, written in 2004.

Whatever issues we disagree on, we we all agreed on one thing Monday: US Rep. Rick Boucher is an outstanding congressman.  He also would be the far, far better choice for the 9th in 2010 and beyond than Morgan Griffith, impostor 9th District “resident,” carpetbagger and Virginia obstructionist-in-chief.  Morgan Griffith would be a disaster for the 9th–or anywhere else.  We could expect to agree with Griffith about zero percent of the time.  But a Griffith win is hardly expected.  The GOP has imported one candidate after another, and they have all been felled by voters who know Rick and return him with huge majorities every time.  

Still, nothing can (or will) be taken for granted.  Everyone left feeling energized and ready to roll out the 2010 effort to re-elect Rick Boucher to Congress.  I’ll have much more to add (including some reflections of the issues) about this race in coming days. Stay tuned…

Here are some additional photos from the event.

Fran Tieleman and Marcia Morris greet local Democrats at breakfast with Congressman Boucher

Henry Tieleman, founder of Democracy Prevails PAC, organizer of the event, welcomes Congressman Boucher and local Dems.

Steve Cochran, MCDC Chair, tells Congressman Boucher how important he is to the 9th District.

Diana Richardson, Vice Chair addresses crowd; urges early support and effort on behalf of our congressman

Frank Brown and Congressman Boucher

Congressman Boucher and Pat Hyer.

SCOTUS: Further Restricting Free Speech

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It was expected that SCOTUS would support the government’s right to prosecute those who give material support for terrorist acts.  That is as it should be.  But, yesterday the Court went further.  It issued its support (6-3) for the government to use the so-called Patriot Act to charge those who advice in methods of peacemaking and due process those who either are or later become designated terrorist groups.  And so, the ruling puts into question the works of groups such as The Humanitarian Law Project.  That organization, which brought the suit, apparently advises groups, in such peaceful processes as how to bring up a grievance to the United Nations or how to work constructively through other peacemaking organizations. The Carter Center has also raised concerns about the ruling’s potential to affect its peacemaking efforts.   Here’s a partial description of the ruling from SCOTUSblog.com.


The cases of Holder v. Humanitarian Law Project, et al. (08-1498) and Humanitarian Law Project, et al., v. Holder (09-89) are the only war-on-terrorism cases the Court will decide this Term. They involved the federal law that bans “material support” to listed foreign terrorist organizations – the law that is the government’s favorite legal weapon against terrorists. Although that law is most often used for criminal charges against violent actions or threats of violence, Monday’s decision did not involve that situation.  The groups and individual involved do not support any terrorist actions by the listed groups.  Rather, they wanted to avoid criminal prosecution for what they considered free speech or other forms of public advocacy to help the listed groups achieve peaceful goals.

Here is the reference.

So, the Court limited the applicability of its ruling to speech , advice (even peacemaking advice), or effort with, for or in conjunction with terrorist groups.  I quote again from SCOTUSblog:

“But the Court added a significant qualifier: such activity may be banned only if it is coordinated with or controlled by the overseas terrorist group. That limitation, however, may be fairly difficult for lower courts to apply case by case; the Court provided little specific guidance.”

You can imagine that there will be lower court abuses of this ruling.  You have only to listen to politicians, such as John McCain, and more recently another Republican lawmaker, urging to kick out of the country those exerting private speech to have concern.  And it is only a short distance to labeling the speech of domestic organizations , who do not coordinate or work for or on behalf of any terrorist groups, but rather raise questions of or various administrations, to be falsely labeled as such.

There is this supposed assurance from the Court:


Speech or other forms of advocacy will escape criminal prosecution so long as it is “independent advocacy,” or constitutes “any activities not directed to, coordinated with, or controlled by foreign terrorist groups,” in language used in the Chief Justice’s opinion.

More will be written concerning this recent ruling.  As always, we invite the lawyers among us to weigh in.

Update: Note I corrected the number of those on each side of the ruling.  Note that Stevens sided w/ the majority this time.

McChrystal Offers Obama a Teachable Moment

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To now, the teacher-scholar relationship between the Department of Defense and the President has been reversed. Obama has been led by the hand, blindly. Military matters were never his strength. With no idea where to turn, he kept the Bush team on. The McChrystal tempest should have been expected.

Hours after his inauguration, the Department of Defense (DoD) asked for and obtained authority to conduct a strike that blooded the new President. From that point forward, Obama has acquiesced to every important decision, carrying the failed Bush military policies forward not only in Southwest Asia, but around the world. Maybe that initial uncomfortable decision conditioned him and affects his approach to the DoD. Now is a time for him act Presidential. While the comments by McChrystal reported in a Washington Post article today and the subject of a Rolling Stone profile in this week’s edition are far from seditious, it is symptomatic of a potentially pre-cancerous condition that merits preventive intervention.

Half a century ago the new President was handed the portfolio for the Bay of Pigs, a Richard Nixon nurtured plan of action. John Kennedy had military experience, but it did not prepare him for the kind of inertia found even then in bureaucracies. Fortunately for Kennedy, the then Commandant of the Marine Corps, General David Shoup, intervened with a dramatic illustrative objection and provided a perspective that altered history.

Times have changed and Obama faces a tempo of activity that did not challenge Kennedy. There are the two wars. There is the economy. There is the Gulf of Mexico. And the quality of advice that he is receiving from a former Commandant fails in comparison to the counsel of Shoup. While it may be appropriate to can McChrystal, it is more important to fire the National Security Advisor, General James Jones. It is Jones who has failed most miserably. It is Jones who figured in the alienation of General Tony Zinni and helped position the bullying sycophant Richard Holbrooke as senior envoy to Afghanistan and Pakistan. Zinni might have turned out as Obama’s Shoup. Now Obama has no one up to the task of taking on DoD or, for that matter, the State Department. Time for Obama to step to the podium but he is without a practical frame of reference or anyone to trust to provide it.

Update — The article is available online and it is a nightmare.

Who’s Virginia’s Real Climate Fraud?

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Attorney General Cuccinelli stubbornly continued his assault on science and reason with a recent court filing against the University of Virginia.  Super Cooch continues to press his “case” that  Professor Michael Mann committed “fraud” against state government by conducting climate change research that failed to conform to the looniest conspiracy theories of the far right:

“Neither academic freedom nor the First Amendment have ever been held to immunize a person, whether an academic or not, from civil or criminal actions for fraud, let alone immunized them from an otherwise authorized investigation,” Cuccinelli’s filing with the Albemarle County Circuit Court states.

In order to truly appreciate what a radical and precedent-shattering act Super Cooch has undertaken here, it’s important to understand what a deadly serious (and rare) situation it is for a state’s top legal official to charge someone with fraud for conducting legitimate academic research.

Wikipedia has a helpful list of categories of fraud, to illustrate the type of major crimes we’re talking about here:

Types of criminal fraud include:  • bait and switch • bankruptcy fraud • benefit fraud, committing fraud to get government benefits • counterfeiting of currency, documents or valuable goods […] creation of false companies or “long firms” • embezzlement, taking money which one has been entrusted with on behalf of another party • false advertising • false billing • false insurance claims • forgery of documents or signatures, • health fraud, for example selling of products known not to be effective, such as quack medicines, • identity theft • investment frauds, such as Ponzi schemes and Pyramid schemes • […] • rigged gambling games such as the shell game • securities frauds such as pump and dump • tax fraud, not reporting revenue or illegally avoiding taxes.

Also from Wikipedia is the following list of the 10 elements needed to prove fraud:

1. a representation of an existing fact; 2. its materiality; 3. its falsity; 4. the speaker’s knowledge of its falsity; 5. the speaker’s intent that it shall be acted upon by the plaintiff; 6. plaintiff’s ignorance of its falsity; 7. plaintiff’s reliance on the truth of the representation; 8. plaintiff’s right to rely upon it; and 9. consequent damages suffered by plaintiff

We’re not talking about debatable differences of opinion here, but rather about malicious lying in order to rip someone – or everyone – off.  And Super Cooch is aiming such heavy charges, not at a real criminal, but at one of the world’s most accomplished climate scientists.   Professor Michael Mann, currently Director of Penn State’s Earth System Science Center, is known not for cheating old ladies out of their Social Security checks or launching Ponzi schemes, but rather for publishing over 80 peer-reviewed journal articles and serving as a major contributor to the Intergovernmental Panel on Climate Change (IPCC) reports that have convinced countless scientists, and those who take science seriously, that climate change is a very dangerous trend for humankind that is being driven by human activities.

Considering how extensive Professor Mann’s work has been, it surely must include the occasional error, as all human works do, and as Mann – like all good scientists – has admitted when logic, mathematics, experimentation and/or empirical evidence have proven him wrong.  But the scientific process is designed to deal with errors by testing all propositions and disregarding those that don’t make sense, don’t conform with the facts or can’t be replicated.  

To inject a criminal fraud investigation into the honest differences of opinion that arise during scientific debate is to derail and exploit the whole scientific process for cheap political gain.  

But this is not to say that no one is committing fraud in this case.  In fact, a fraud trial may make sense if you simply shift the prosecutor to the defendant’s table.  Indeed, Cuccinelli’s attack on Mann, UVA and climate science in general sounds an awful lot like the knowing misrepresentation of facts for material gain.

You could say that Super Cooch is innocent because he actually believes what he is saying.  But this man is no backwoods yahoo.  Cuccinelli has a B.S. in Mechanical Engineering from UVA and both a J.D. and an M.A. in International Commerce and Policy from George Mason.  It is safe to assume he is smart enough to know that his misrepresentation of climate science is utterly spurious, but that he is pursuing it because he believes it can help his political career.    

He probably believes, justifiably, that he can benefit politically both from gaining more contributions from fossil fuel-driven corporations like Massey Industries and from winning more support from the hyper-paranoid Tea Party psychos who are busy taking over the Republican party.  

And so the man elected to protect Virginians from shysters and crooks is himself perpetrating what is arguably the greatest fraud in the Commonwealth’s history, trying to undermine current climate change theories, not through respectable scientific methods but though the blunt weapons of state power and virulent propaganda.  Like the nice-sounding man calling your grandma on the phone and telling her why she should hand over her bank account number, he does it all while trying to appear so earnest, logical and sincere.  

We can only plan and wait for his judgment day to come, whether it comes in court or at the polls – when Cuccinelli’s fraud is ultimately rejected and science triumphs over yet another political swindler.