Will the New Congress Subpoena Climate Scientists?

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Originally posted at DiscoverMagazine.com.
Multiple investigations over the last year have failed to uncover any serious wrongdoing in the year old โ€œClimateGateโ€ fiasco over climate researchersโ€™ pilfered emails. Substantively, the matter is dead. But politically is quite another matterโ€”it remains to be seen how long โ€œClimateGateโ€ can walk the earth as aย zombie.

There have already been attempts to reawaken the corpse. Most prominently, Virginia attorney general Ken Cuccinelli launched aย harassing investigationย of famed climate researcher Michael Mannโ€™s career at the University of Virginia, demanding a wide range of emails and documents. And since the November 2 elections, there have been concerns that the new Republican Congress may join in the rite. Several top House Republicans haveย indicatedย that they may want to hold โ€œClimategateโ€ hearings (although more recently, there has been some apparentย backing awayย from thisย idea).

The question now becomes whether incoming Republicans will follow through on such plansโ€”or if itโ€™s all just a head feint. If theyโ€™re serious, they can expect a powerful response from scientists, much like the strong mobilizationย against Cuccinelli organized by the Union of Concerned Scientists, the American Association of University Professors, and many others.Recently I got the chance to speak with Michael Mannโ€”by far the most attacked climate researcher on the planetโ€”and to ask what he was expecting from the next Congress, and how he might respond. Mann pulled no punches.ย โ€œI think I speak for the entire scientific community,โ€ he answered, โ€œin saying that if scientists are subject to the sorts of McCarthyite witch hunts that took place during the 1950s, there will I suspect be a very fierce pushback by the scientific community, and by public interest groups that supportย science.โ€

Thatย ifย is critical. Speculation notwithstanding, the climate researchers Iโ€™ve spoken with so farโ€”and the advocacy groups most likely to back them upโ€”arenโ€™t making any assumptions about what the new Congress willย do.

The next two years will surely feature congressional hearings related to climate change. But they could take various forms, ranging from perfectly legitimate to veryย disturbing.

One type of hearing would be open minded and informational, calling upon scientists to testify about their federally funded research and its implications. Thatโ€™s what Congress ought to be doing, and scientists will participate eagerly. โ€œClimate scientists are more than willing, at any time, any place, to explain their science and show their results to anybody that asks,โ€ observes climate modeler Gavin Schmidt of the NASA Goddard Institute for Space Studies, who along with Mann created the leading climate science website โ€œRealย Climate.โ€

Sadly, thatโ€™s not the most likely scenario with this Congress. Far too many of its leading members, like Rep. James Sensenbrenner of Wisconsin, have gone on record with the opinion that modern climate science is not only wrong, but in some wayย corrupt.

The second type of hearingโ€”much more problematic, but nothing un-heard ofโ€”would feature political grandstanding to highlight the pseudo-arguments in favor of global warming denial and attack the administrationโ€™s climate policies. It would likely pit a few mainstream scientists against a bevy of climate science skeptics and deniersโ€”a โ€œbalancedโ€ treatment of a topic where opinions are anything but balanced within the relevant expertย community.

Weโ€™ve seen such hearings beforeโ€”from Senator James Inhofe of Oklahoma, for instance, when he ran the Environment and Public Works Committee. Similarly, when the Gingrich Republicans took over in 1994, they promptly held show hearings to cast doubt not only on climate research, but also on the evidence suggesting the role of chlorofluorocarbons (CFCs) in depleting the stratospheric ozone layer. (That one doesnโ€™t ageย well.)

Such hearings would not be an enlightening spectacle; but neither would they necessarily cross the line that scientists and their supporting organizations are drawing when it comes to protecting researchers from harassment, character assassination, and political attacks. That wonโ€™t occur unless Congress also attempts to launch gotcha investigations into climate researchersโ€™ work and communicationsโ€”assuming wrongdoing and then going fishing to catch it. Most disturbingly, this could conceivably include the wielding of congressional subpoena power to compel testimony or pry loose information and documents, such as personal papers orย emails.

Should this occur, youโ€™ve long since left behind anything resembling an โ€œappropriate democratic process,โ€ observes Francesca Grifo of the Union of Concerned Scientists, which strongly backed Mann against Cuccinelli. Thatโ€™s especially the case in light of the multiple independent inquiries that have failed to charge climate scientists with any behavior outside of the ordinary practices ofย science.

Just as scientific organizations rallied behind Mann in the wake of Cuccinelliโ€™s probeโ€”and the exceedingly broad informational demands it containedโ€“they would be similarly roused by subpoenas. If anything, the latter could be even more menacing. After all, at least a court could eventually rebuke Cuccinelli for his unjustified investigationโ€”andย did so. But itโ€™s doubtful the same could happen toย Congress.

โ€œThe problem is that the subpoena power is pretty open ended, and thereโ€™s nobody that supervises it,โ€ observes environmental law professor Rena Steinzor of the University of Maryland. โ€œCourts donโ€™t supervise it. So thereโ€™s no one to run to if they ask you for things that you think are irrelevant orย intrusive.โ€

A congressional subpoena fight could get uglyโ€”but for precisely that reason, it could also backfire for congressional Republicans. They could come off looking likeย bullies.

The fundamental question thus becomes, with so much on its agendaโ€”like trying to take down โ€œObamacareโ€โ€“does the new Congress really want to goย there?

I doubt it will be of much relevance to Republicans, but based on my own observations, the climate science community is in an interesting place right now. The outrage over โ€œClimategate,โ€ and over investigations like Cuccinelliโ€™s, is palpable. But at the same time, the community would much prefer to offer earnest scientific information in good faith, rather than getting into political battles. Most of all, climate scientists are engaged in deep internal introspection about where the proper line lies between defending oneโ€™s science (which most researchers support) and engaging in political activism for particular parties or policy outcomes (which makes many veryย uncomfortable).

In this context, the new Congress mayโ€”or may notโ€”push the research community in a particular direction. One thingโ€™s certain: If an individual climate researcher like Mann gets targeted, he will find strong backing. โ€œIf you put your head above the burm, you takes shots, youโ€™re going to have a huge support network,โ€ says Suffolk County Community College physical scientist Scott Mandia, who has recently worked on forming a โ€œrapid response teamโ€ to rebut climate science misinformation. โ€œEverybodyโ€™s coming to everybodyโ€™s rescue.โ€ [See myย recent Point of Inquiry episodeย with Mandia and fellow scientist John Abraham for more on the Climate Science Rapid Responseย Team.]

Climate scientists are capable of great solidarityโ€”if needed. The ball is in Congressโ€™s court.

Originally posted at DiscoverMagazine.com.

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