Cuccinelli v. Rector & Visitors of University of Virginia

The Virginia Supreme Court set aside subpoenas issued by the Virginia Attorney General, holding that he did not have authority to demand records related to a former University of Virginia climate researcher’s work. The Supreme Court agreed to hear arguments related to the state grant, concluding that the University was not a “person” under the Virginia Fraud Against Taxpayers Act (FATA) and that the subpoenas, which were predicated on enforcement of FATA, were invalid. 

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A Virginia state court held that four of the five grants were issued by the federal government and thus the Attorney General could not question the professor regarding these grants. In addition, the court held that the document requests were not specific enough because they did not show sufficient reason to believe incriminating documents existed. With regard to the state grant, the court held that the Attorney General could question the professor about it.