Friday, 18 September 2015

Scientists ask Obama to use prosecute global warming critics under RICO law

A group of like-minded scientists has written the White House to ask President Obama to prosecute well-organized critics of global warming policy by using the Racketeer Influenced and Corrupt Organizations Act (RICO).

Twenty scientists signed on to a letter, dated Sept. 1, addressing Obama, Attorney General Loretta Lynch and White House Office of Science and Technology Director John Holdren. In it, they literally ask Obama to use RICO prosecution as a tool to silence skeptics of both global warming itself and of global warming-driven public policy.

The scientists’ argument is that global warming poses such a severe destabilizing threat to the climate, and to the people of Earth, that scientists, organizations and individuals who publicly question it should be prosecuted in the same fashion that government might go after Big Tobacco.

The RICO idea was first spawned not by scientists, but by U.S. Sen. Sheldon Whitehouse (D-R.I.). In June, Whitehouse wrote a column for The Washington Post in which he likened the peddlers of global warming skepticism to peddlers of cancer sticks:

Fossil fuel companies and their allies are funding a massive and sophisticated campaign to mislead the American people about the environmental harm caused by carbon pollution.

Their activities are often compared to those of Big Tobacco denying the health dangers of smoking. Big Tobacco’s denial scheme was ultimately found by a federal judge to have amounted to a racketeering enterprise.

The Big Tobacco playbook looked something like this: (1) pay scientists to produce studies defending your product; (2) develop an intricate web of PR experts and front groups to spread doubt about the real science; (3) relentlessly attack your opponents.

Thankfully, the government had a playbook, too: the Racketeer Influenced and Corrupt Organizations Act, or RICO. In 1999, the Justice Department filed a civil RICO lawsuit against the major tobacco companies and their associated industry groups, alleging that the companies “engaged in and executed — and continue to engage in and execute — a massive 50-year scheme to defraud the public, including consumers of cigarettes, in violation of RICO.”

The rest of his advice is predictable.

The scientists, presumably all academics who had to have spent time on college campuses, where the free exchange of conflicting ideas was at one time encouraged, picked up on Whitehouse’s silencing scheme and have run with it — straight to the Obama administration.

Here’s the letter in its entirety. As you read it, remember: Nothing is off the table, for some people, when it comes to public safety (or at least the cherished idea of public safety):

Letter to President Obama, Attorney General Lynch, and OSTP Director Holdren

September 1, 2015

Dear President Obama, Attorney General Lynch, and OSTP Director Holdren,

As you know, an overwhelming majority of climate scientists are convinced about the potentially serious adverse effects of human-induced climate change on human health, agriculture, and biodiversity. We applaud your efforts to regulate emissions and the other steps you are taking. Nonetheless, as climate scientists we are exceedingly concerned that America’s response to climate change — indeed, the world’s response to climate change — is insufficient. The risks posed by climate change, including increasing extreme weather events, rising sea levels, and increasing ocean acidity — and potential strategies for addressing them — are detailed in the Third National Climate Assessment (2014), Climate Change Impacts in the United States. The stability of the Earth’s climate over the past ten thousand years contributed to the growth of agriculture and therefore, a thriving human civilization. We are now at high risk of seriously destabilizing the Earth’s climate and irreparably harming people around the world, especially the world’s poorest people.

We appreciate that you are making aggressive and imaginative use of the limited tools available to you in the face of a recalcitrant Congress. One additional tool — recently proposed by Senator Sheldon Whitehouse — is a RICO (Racketeer Influenced and Corrupt Organizations Act) investigation of corporations and other organizations that have knowingly deceived the American people about the risks of climate change, as a means to forestall America’s response to climate change. The actions of these organizations have been extensively documented in peer-reviewed academic research (Brulle, 2013) and in recent books including: Doubt is their Product (Michaels, 2008), Climate Cover-Up (Hoggan & Littlemore, 2009), Merchants of Doubt (Oreskes & Conway, 2010), The Climate War (Pooley, 2010), and in The Climate Deception Dossiers (Union of Concerned Scientists, 2015). We strongly endorse Senator Whitehouse’s call for a RICO investigation.

The methods of these organizations are quite similar to those used earlier by the tobacco industry. A RICO investigation (1999 to 2006) played an important role in stopping the tobacco industry from continuing to deceive the American people about the dangers of smoking. If corporations in the fossil fuel industry and their supporters are guilty of the misdeeds that have been documented in books and journal articles, it is imperative that these misdeeds be stopped as soon as possible so that America and the world can get on with the critically important business of finding effective ways to restabilize the Earth’s climate, before even more lasting damage is done.

Sincerely,

Jagadish Shukla, George Mason University, Fairfax, VA

Edward Maibach, George Mason University, Fairfax, VA

Paul Dirmeyer, George Mason University, Fairfax, VA

Barry Klinger, George Mason University, Fairfax, VA

Paul Schopf, George Mason University, Fairfax, VA

David Straus, George Mason University, Fairfax, VA

Edward Sarachik, University of Washington, Seattle, WA

Michael Wallace, University of Washington, Seattle, WA

Alan Robock, Rutgers University, New Brunswick, NJ

Eugenia Kalnay, University of Maryland, College Park, MD

William Lau, University of Maryland, College Park, MD

Kevin Trenberth, National Center for Atmospheric Research, Boulder, CO

T.N. Krishnamurti, Florida State University, Tallahassee, FL

Vasu Misra, Florida State University, Tallahassee, FL

Ben Kirtman, University of Miami, Miami, FL

Robert Dickinson, University of Texas, Austin, TX

Michela Biasutti, Earth Institute, Columbia University, New York, NY

Mark Cane, Columbia University, New York, NY

Lisa Goddard, Earth Institute, Columbia University, New York, NY

Alan Betts, Atmospheric Research, Pittsford, VT

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