Cuccinelli Smackdown

August 31, 2010

The lawsuit against UVA and Michael Mann has been thrown out:

The University resisted the demand on both technical and broad constitutional grounds. Today Judge Paul M. Peatross, Jr. of the Sixteenth Judicial Court of Virginia issued a six-page letter completely dismissing the CIDs issued by Cuccinelli on the ground that he shown no objective “reason to believe” that the University in fact possesses any “materials relevant to a false claims law investigation” and that he also did not state “the ‘nature of the conduct’ with sufficiency to satisfy the requirement of the statute.” I.e., the Attorney General is not given power by the statutes of Virginia to enage in what is the equivalent of a sweeping general warrant based on nothing more than his own ideological zeal and belief (even if sincere) that something was amiss.

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