Feb
Federal preemption law forbids Penn State from hiding behind “FOIA Exemption”
Hey deniers: Don't you know who were are!
Yesterday we reported that Penn State University claimed they are exempt from the Freedom Of Information Act under Pennsylvania’s ‘Right To Know Law.’ U.S. constitutional law advisers have reliably informed climategate.com that Penn State’s latest scam to hide wrongdoing by their climatologist, Michael Mann, is contrary to the Supremacy Clause of the Constitution.
This means that any federal law—including Freedom of Information laws – trumps any conflicting state law.
Under U..S. constitutional law it turns out that a legal technicality known as the ‘Preemption Doctrine’ forbids any shabby attempt by institutions at state level from undermining the federal Freedom of Information Act (FOIA) laws. According to the Supremacy Clause, anyone filing a federal FOIA request at the university will have the full weight of the federal government behind them in rooting for evidence in cracking the great climate con nut.
It turns out that the state of Pennsylvania is no stranger to getting its hand slapped by the feds for trying to circumvent the rights of citizens. Federal ‘occupation of the field’ stamped itself on Pennsylvanians in the case of Pennsylvania v Nelson (1956),
The Supremacy Clause states that the:
Constitution and the laws of the United States…shall be the supreme law of the land…anything in the constitutions or laws of any State to the contrary notwithstanding.
We hope that Penn State University will now stop its shenanigans in trying to ‘hide the decline’ of the career and credibility of mendacious Michael Mann and let the world get on with putting climate criminals behind bars.
Possibly related posts:
- Penn State decision on Michael Mann due on this week
- Thank you, Young Americans for Freedom, for your Penn State demonstration
- Penn State Daily Collegian keeps the focus on Michael Mann
- Breaking! Penn State says they are exempt from Freedom of Information Act
- Penn State Protects Michael “Climategate” Mann
Good!
hehehehehe. Maybe I’ll file one too!
John,
This is great news!!! I was pretty sure that US government reigned over states. Penn State got slapped in the face like they deserve also. This makes them look like the crook they hired. Mann has probably wet his pants by now. Con Mann to dead Mann. Hang’em high!!!!
See “Amendment, 10th”. The supremacy clause only applies to enumerated federal powers. Not sure if this fits.
You mean the forgotten 10th Amendment.
Both the States and Feds ignore it, much to my chagrin.
However, since Penn is taking federal grants they should be subject to federal laws. I am familiar with Washington State law but not Federal FOIA.
If someone will give me a link to the appropriate statute I’ll give that a try.
Do you suppose Mr. O’Sullivan would assist in drafting such a letter.
I’m happy to work with anyone who is serious about taking this further. I will spare as much time as I can – if someone can get the ball rolling I’ll pitch in. Skepticism will advance if we all pull together.
I don’t think it’s as simple as waving the federal preemption flag. The courts have applied tests to determine whether federal laws preempt state laws.
You can find the statute at 5 U.S.C. § 552 (2006), amended by OPEN Government Act of 2007, Pub. L. No. 110-175, 121Stat. 2524 and here: http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t05t08+26+1++()%20%20AND%20((5)%20ADJ%20USC):CITE%20AND%20(USC%20w/10%20(552)):CITE%20%20%20%20%20%20%20%20%20
The first paragraph states:
“(a) Each agency shall make available to the public information as follows:”
As the letter from McQuaide Blasko stated, Penn State is not an “agency” as that term is defined in FOIA or the PA RTK Act. Assuming that this is correct (and I have no reason to doubt it is), the more fruitful avenue will be going to whatever agency funded his work. It will surely have numerous records that are open to disclosure.
James, I agree with you, that is exactly the way Steve McIntyre was able to circumvent Prof Jones’s corrupt refusal to comply with UK FOIA – McIntyre got some of CRU’s climate data due to a clause applicable within a science journal that published a CRU paper.
John
Have you seen this?
http://publicnuisancewire.com/stories/211852-climategate-takes-steam-out-of-global-warming-litigation.
I thought it might be helpful.
The CEI Competitive Enterprise Institute.
Thanks, Al. Excellent spot. I shall get to work on that as soon as I can.