On Wednesday night the Competitive Enterprise Institute, through its outside counsel Gibson Dunn, filed its brief arguing against NASA’s rather scattershot and contradictory effort to dismiss our lawsuit requesting certain documents under the Freedom of Information Act (FOIA).

Our suit, CEI vs. NASA (U.S. District Court for the District of Columbia), followed on the heels of ClimateGate, and a December 2009 Notice of Intent to Sue if NASA did not turn over certain records withheld since CEI sought them in August 2007 and January 2008 requests. That Notice was eleven months ago and, despite NASA offering some documents and admitting — temporarily — that certain others relating to the advocacy site used by NASA scientists, RealClimate.org were “agency records”, NASA then ceased its brief steps to comply with the transparency statute FOIA.

Despite NASA stonewalling CEI has already learned, for example, that NASA does not, contrary to widespread media and pressure group claims, have an independent temperature data set. Instead, as NASA told USA Today in an email, despite its serial, breathless press releases trumpeting some new temperature high, it actually is just a modeling office, which also (for unknown reasons, possibly extra attention and importance, or mere advocacy)  cobbles together some US data from the National Climatic Data Center (NCDC) with that of the Climatic Research Unit’s temperature history. You may recall how CRU withdrew its claim to a temperature history data set after ClimateGate led to an admission it actually lost its data.

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The alarmists’ reaction to CEI’s Notice of Intent to Sue NASA’s Goddard Institute for Space Studies (GISS) for withholding data–now for nigh on two years–has been particularly shrill, as regards my inquiry into the clearance and other deliberations over the non-official activities for the nasty, deceptive, third-party advocacy blog RealClimate.org by one GISS spokesman Gavin Schmidt on official, taxpayer-funded time.

When considering that apparently unacceptable Request for transparency as to what NASA was thinking in agreeing to spend my money that way, our Notice and the alarmists’ reaction in the current “ClimateGate” context, also consider the following relevant excerpt from “Red Hot Lies: How Global Warming Alarmists Use Threats, Fraud and Deception to Keep You Misinformed” (pp. 104-104). That nice red cover would look great under the tree this year, even if what’s inside the cover is burning the retinas of the global warming industry right about now:

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