Local Delegate David Toscano checked in with C-VILLE from Richmond, following a recent meeting with two Democratic senators about efforts to curb the attorney general’s power to issue civil investigate demands (CIDs). The bills follow AG Ken Cuccinelli’s requests for information pertaining to grants received by former UVA climate scientist Michael Mann, an investigation Cuccinelli launched under Virginia’s Fraud Against Taxpayers Act.
"Anyone concerned about liberty and government intrusion into their lives ought to be concerned about what the attorney general is doing with his civil investigative demand inquiries," said Toscano in an interview. He added that the CIDs have a "chilling effect" on scientific inquiry and dialogue—a phrase borrowed from UVA’s response to Cuccinelli’s initial demand. (In fact, UVA Law Professor Richard Schragger recently penned a letter to that effect.)
Senate Bill 831, introduced by Fairfax Democratic Senator Chap Petersen, would exempt public universities from CIDs. A second bill, introduced by Senator Don McEachin(D-Richmond), would revoke the AG’s power to issue CIDs entirely. Toscano says he doesn’t favor repealing the entire CID statute.
"The statute was put in place to get at Medicaid fraud," says Toscano. "Those of us concerned about proper use of taxpayer money have got to be concerned about Medicaid fraud. That’s why I support Senator Petersen’s approach. It’s a focused, narrow exemption for academics who are engaged in scientific inquiry."
Asked about the American Tradition Institute’s recent Freedom of Information Act (FOIA) request for much of the same information—a request co-signed by state Republican delegate Bob Marshall—Toscano responded that FOIA "is a different animal."
"Until there are abuses that come from the FOIA request, I don’t know that it makes much sense to look at statute," said Toscano. However, Toscano added that both the CID and FOIA request are products of the same dynamic.
"I think there is an attack on science going on in this country," said Toscano. "I think the attorney general’s efforts, along with these FOIA requests, are designed to discredit what seems to be a broad consensus in the scientific community."
