This is about the criminalization of doubt.

The US Attorney General, Loretta Lynch, told the Senate Judiciary Committee that not only has she discussed internally the possibility of pursuing civil actions against “climate change deniers”, but she has also “referred it to the FBI to consider whether or not it meets the criteria for which we could take action”. 

Some Environmentalists are so absolutely convinced that human activity is really changing the climate of the planet, is really making it dangerously hotter, that they think big rich companies who deal in fossil fuels – the burning of which, they say, causes the alleged hotting up – simply must know this; must have done their own research and discovered it for themselves; and are hiding the documentation, which must exist, and which proves they know it; are deliberately concealing their knowledge and its proofs so that they can go on selling their “evil” product for the “evil” motive of profit, uncaring that it is “doing harm to the planet”, and continuing to deny that there is such a thing as man-made global warming; so they are criminals who need to be prosecuted and punished.

Just think what a heap of suppositions is being compiled here:

1. That the earth is heating up.
2. That  human activity is heating up the earth.
3. That the earth’s heating up is dangerous to human health.
4. That the burning of fossil fuels is one of the chief human activities to blame for the earth’s heating up.
5. That the fossil fuel companies have done their own research into these “facts”.
6. That their research proves – must prove – that their products are much to blame for the earth’s heating up and damaging human health.
7. That despite having found out all that for themselves they choose to lie about it and say that they do not know these “facts”.
8. That they are lying when they say they do not have the documentation of their research which “proves” that they do know; and furthermore
9. That they are doing all this lying and concealing and deceiving in order to be able to continue to sell their products while knowing that they are damaging human health.
10. That therefore they are committing a variety of crimes including a crime against humanity in general.

We quote from an article at Watts Up With That?:

This is in the news today via “Climate NEXUS”, which is a Madison Ave. PR firm:

New York Attorney General Eric Schneiderman announced that he is launching a legal probe into Exxon’s climate denial. The inquiry will look into both consumer and investor protection laws, covering the oil giant’s activity dating back to the 1970s. Schneiderman’s investigation could open “a sweeping new legal front in the battle over climate change”, says the New York Times, which broke the story. Two separate reports by InsideClimate News and the Los Angeles Times uncovered that Exxon has known about the dangers of climate change since the 1970s but sowed doubt by funding climate change skeptics to preserve its business. Exxon has been compared extensively to the tobacco industry, which was convicted of racketeering in 2000 for deliberately deceiving the public about the dangers of its products.

Behind all that is an orchestrated plan; a nasty, spiteful. wholly unjustifiable conspiracy.

So where do these strange ideas come from?

Step forward “Climate Accountability Institute”.

The Climate Accountability Institute (CAI) is …  attempting to marry “climate concerns” to environmentalism and tobacco prohibitionist tactics. …

In 2012 the CAI held a “workshop” in La Jolla California. It was “conceived” by Naomi Oreskes and others, and called Establishing Accountability for Climate Change Damages: Lessons from Tobacco Control.

So from the beginning, these persecutors, these witch-hunters, these self-righteous busybodies had it fixed in their heads that, as with smoking, human health is at issue.

Stanton Glantz, a prominent tobacco control activist scientist was present as were a clutch of lawyers, climate scientists, communication professionals, PR agency heads, bloggers and journalists.

They released a report:

The workshop was an “exploratory, open-ended dialogue” on the use of  “lessons from tobacco-related education, laws, and litigation to address climate change“.

A key breakthrough in the public and legal case for tobacco control came when internal documents came to light showing the tobacco industry had knowingly misled the public. Similar documents may well exist in the vaults of the fossil fuel industry and their trade associations and front groups…

Why do these mythical documents need to be unearthed?

While we currently lack a compelling public narrative about climate change in the United States, we may be close to coalescing around one. Furthermore, climate change may loom larger today in the public mind than tobacco did when public health advocates began winning policy victories.

The reader should take a moment to grasp the momentous logic: We know legally “incriminating documents” (their choice of words) “may” exist, because tobacco activists had a breakthrough with such documents. They need to be found in order to make climate change a “looming threat”  in the public mind.

Try thinking of a more reverse-engineered form of activism.

The first chapter in the report is Lessons from Tobacco Control. It is mainly one section called The Importance of Documents in Tobacco Litigation.

We learn next to nothing about these supposed “documents” from the report. After all, they haven’t been released or even found.

… many participants suggested that incriminating documents may exist that demonstrate collusion among the major fossil fuel companies …

But “the documents” were very valuable. … Since they were so sure they exist, careful plotting was needed on companies whose vaults to raid. …

Stanton Glantz was a vocal workshop participant. … [He] was so excited he proposed using the tobacco archives platform at the University of California San Francisco for climate documents (which were yet to be found). …

In what mode were the documents to be used?

Most importantly, the release of these documents meant that charges of conspiracy or racketeering could become a crucial component of tobacco litigation

Having firmly established that documents convenient to their strategy existed, the delegates moved on to discussing how to obtain them.

The answer was once again clear: “lawsuits”. It was not just lawsuits, it was “Congressional hearings”, “sympathetic state attorney generals” and “false advertising claims”.

State attorneys general can also subpoena documents, raising the possibility that a single sympathetic state attorney general might have substantial success in bringing key internal documents to light

The would-be litigators were inspired to think of other grounds for lawsuits: “False advertising”. “Libel suits”.

Now you know where the line on how “fossil fuel companies ‘knew’ they were doing wrong but yet did it” comes from.

The cries of “it’s a conspiracy!’”are planned and pre-meditated, on lawyers’ advice.

There certainly is a conspiracy underway – of these climate-change fanatics to do as much damage as possible to the fossil fuel industry.

This is where RICO [the Racketeer Influenced and Corrupt Organizations act] came in:

Richard Ayres, an experienced environmental attorney, suggested that the RICO Act, which had been used effectively against the tobacco industry, could similarly be used to bring a lawsuit against carbon producers. ... 

[He] knew starting lawsuits against productive companies wouldn’t look good. They needed to be spun … By dressing [the lawsuits] up as injury “compensation”.

Even if your ultimate goal might be to shut down a company, you still might be wise to start out by asking for compensation for injured parties.

The conspiracy plot thickened:

The suggestions appeared to grow outlandish at every turn. Richard Heede, one of CAI’s members, had come up with a system for blaming individual companies … [His] bizarre formulas, we learn, were received “positively” by “most of the workshop’s participants”. One UCS participant felt that “it could potentially be useful as part of a coordinated campaign to identify key climate ‘wrongdoers'”. Another felt it was useful in blaming faceless corporate entities instead of countries thereby bypassing provoking patriotic impulses in international negotiations.

Heede’s work was funded by Greenpeace. Of note, Greenpeace counsel Jasper Teulings was present at the meeting.

Greenpeace is a profoundly evil organization, as we have explained here.

… Naomi Oreskes suggested that some portion of sea level rise could be attributed to the emissions caused by a single carbon-producing company.

The oil company Exxon made its appearance in her example:

She suggested, “You might be able to say, ‘Here’s Exxon’s contribution to what’s happening to Key West or Venice’.” 

So now we see how they suck statements of “scientific fact” out of their thumbs. 

This was a strategy Glantz liked:

…Stanton Glantz expressed some enthusiasm about such a strategy, based on his experience with tobacco litigation. As he put it, “I would be surprised if the industry chose to attack the calculation that one foot of flooding in Key West could be attributed to ExxonMobil.”

We cannot resist repeating that: They expect that “the industry” will not “attack the calculation that one foot of flooding in Key West could be attributed to ExxonMobil”. !

The conspiratorial tide did not recede. Former computer scientist John Mashey claimed collusion between “climate change deniers” and fossil fuel companies:

[Mashey] presented a brief overview of some of his research, which traces funding, personnel, and messaging connections between roughly 600 individuals …

The penultimate section in the report is on how delegates planned to win “public opinion”.  … (“RICO is not easy. It is certainly not a sure win” – Ayres) and others were wary of drawing the attention of “hostile legislators who might seek to undermine them”.

With public opinion, the delegates were clearly divided. PR mavens, lawyers and activists wanted to cry fraud, paint up villains and create outrage:

To mobilize, people often need to be outraged.

Daniel Yankelovich a “public opinion researcher” involved in “citizen education” appears to have balked at the “sue, sue, sue” chanting. Court cases are useful only after the public had been won over, he said. …

The workshop ended and there was “agreement”. “Documents” needed to be obtained. Legal action was needed both for “wresting potentially useful internal documents” and ‘maintaining pressure on the industry’.

A consensus had emerged.

… an emerging consensus on a strategy that incorporates legal action with a narrative that creates public outrage.

The participants, we learn

…made commitments to try to coordinate future efforts, continue discussing strategies for gaining access to internal documents from the fossil fuel industry and its affiliated climate denial network …

Why is the report important? Because climate activists have done everything the delegates said they wanted done, in the report.

[This includes] the latest letter from US Senators to Exxon, the conspiratorial ‘Exxon Knew’ campaign with the portrayal of old Exxon reports by InsideClimateNews as “internal documents”, the RICO letter from scientists and much more.  … It is almost as if climate activists have willed [incriminating] “documents” into existence – just as they were advised.

Almost as if? That’s exactly what they have done.

And the campaign to criminalize the businessmen who run the fossil fuel industry is gathering pace.

Matthew Vadum writes at Front Page:

Led by agenda-setting New York State and radical left-winger Al Gore the progressive persecution of climate change skeptics by the states is underway.

Top law enforcement officers in several states are joining with the Chicken Littles of green activism to weaponize the scientifically dubious argument that human activity is not only changing the earth’s climate but that unprecedented world catastrophe awaits unless draconian, economy-killing carbon emission controls are imposed more or less immediately.

The litigation offensive has nothing to do with justice. It is aimed at forcing those few remaining holdouts in the business community who stubbornly cling to science to confess their thought crimes and submit to the know-nothing Left’s climate superstitions. It is part of modern-day environmentalism’s ongoing assault on knowledge, human progress, markets, and the rule of law.

Repent and embrace the true green faith or else you’ll be investigated and denounced as a climate criminal, is the message of “Inspector Gotcha,” New York Attorney General Eric T. Schneiderman.

“It’s too early to say what we’re going to find,” he said of the five-month-old witch hunt aimed at his current target, the gigantic ExxonMobil, at a press conference this week in Lower Manhattan. “We intend to work as aggressively as possible, but also as carefully as possible.”

The New York Times previously reported that Schneiderman is looking into “whether the company lied to the public about the risks of climate change or to investors about how such risks might hurt the oil business. … For several years, advocacy groups with expertise in financial analysis have been warning that fossil fuel companies might be overvalued in the stock market, since the need to limit climate change might require that much of their coal, oil and natural gas be left in the ground.”

“The First Amendment, ladies and gentlemen, does not give you the right to commit fraud,” Schneiderman said this week.

Of course that assertion is true on its face but that doesn’t necessarily mean whatever he’s calling fraud is actually fraud. How can rejecting a theory – a wild, unproven, apocalyptic theory based on creative computer modeling and little else – about future climate conditions constitute fraud?

The New York Times now reports that the attorneys general of Massachusetts and the Virgin Islands said this week they would join Schneiderman’s politically motivated so-called investigation into whether ExxonMobil lied to investors and the public for years about the alleged threat posed by climate change. California opened its own investigation into the company last year. …

At Schneiderman’s press conference, former Vice President Gore, whose understanding of science roughly mirrors that of the Unabomber, was in attendance along with the attorneys general of Connecticut, Maryland, Massachusetts, Vermont, Virginia, and the Virgin Islands.

Gore implied ExxonMobil was just as bad as the tobacco industry which allegedly denied risks posed by its products for years. State attorneys general were an important part of the effort to nail Big Tobacco, he said.

“I do think the analogy may hold up rather precisely,” said Gore whose longtime meal ticket has been global warming. … Gore reportedly had a net worth of about $1.7 million at the turn of the century. But global warming hysteria cultivated by Gore grew over the years and by 2013 his fortune had grown to more than $200 million.

Schneiderman, a left-wing fanatic, is gearing up for what amounts to political show trials to enforce the Left’s party line on anthropogenic global warming. …

This radical inquisitor whom Politico reported had “spent his career building an ideological infrastructure for the left,” is building a gallows for those with the temerity to reject the lies of the misanthropic global-warmist agenda.

And what is his deep, emotional, fanatical motive?

Schneiderman is a leftist’s leftist, a zealous true believer intent on, in his own words, “slow[ing] down the bone-crushing machinery of the contemporary conservative movement.” …

The business community is wary of Schneiderman — and for good reason. …

It needs to be said that Schneiderman’s pursuit of ExxonMobil sure smells like political payback.

As Dr. Steven J. Allen, my learned Capital Research Center colleague, has reported, ExxonMobil used to be a major contributor to the scandal-plagued Bill, Hillary and Chelsea Clinton Foundation, as well as a sponsor of the annual meetings of the Clinton Global Initiative (CGI). But as the foundation became inundated by adverse publicity related to the fact that it functions as a clearinghouse for future presidential favors from Hillary Clinton, ExxonMobil reportedly stopped giving it money.

It’s no coincidence that Secretary Clinton turned on the company last fall, demanding it be investigated for giving grants to warming-skeptic organizations. “There’s a lot of evidence that they misled the public,” she declared.

Allen writes:

“In November, New York Attorney General Eric Schneiderman — a top supporter of Clinton — launched an investigation into the company that, in the words of the Wall Street Journal, ‘marks a dangerous new escalation of the Left’s attempt to stamp out all disagreement on global-warming science and policy … demanding Exxon’s documents on climate research from 1977 to 2015’.”

Was Schneiderman’s newfound interest in ExxonMobil piqued by green idealism?

The question answers itself.

We would say, “Let that be a lesson to all companies that bribed, or were subjected to extortion by the Clintons!” – but we know it won’t be. Only if Hillary Clinton fails to win the presidency will companies (and foreign governments) even consider turning their backs on the Clintons and closing their purses.

Is it not passing strange that such monuments of capitalism as Exxonmobil, so likely to be targets of the Left, habitually give huge donations to leftist politicians like the Clintons? Does it never strike them that in the long run – though the short-term benefits they buy may be sweet – they are paying for their own destruction?

 From the Heritage Foundation: 

Remember ACORN? The Association of Community Organizations for Reform (ACORN), which has been plagued by allegations of voter fraud and abuse? It appears the chips just keep getting cashed in for the group that President Barack Obama once counseled as an attorney [and whose personnel he trained – JB] First it was discovered that they were going to literally ‘cash in’ on the $800 Billion “Stimulus” bill that lawmakers ensured would give them access to hundreds of millions of dollars. Not really the ’stimulus’ people were expecting. Then it was discovered that the White House and Congressional leaders were pushing for a new ‘Fairness Doctrine’ at the behest of ACORN.

Now we learn that President Obama has recruited them as “National Partners” to the 2010 U.S. Census. Remember the Census? The Census was one of the reasons Senator Judd Gregg withdrew his name from consideration for Commerce Secretary after he learned the White House would be moving the ‘non-partisan’ agency under the control of the ‘ultra-partisan’ White House Chief of Staff Rahm Emanuel.

And this from the American Spectator:

In recent months demands for ACORN to be investigated under the Racketeer Influenced and Corrupt Organizations Act (RICO) for repeated incidents of electoral fraud have been growing. But voting-related fraud is just the tip of the iceberg. ACORN runs a mob-style "protection" racket known within the radical direct-action group as the "muscle for the money" program, a lawyer told the House Judiciary Committee’s subcommittee on the Constitution, Civil Rights, and Civil Liberties today… The taxpayer-subsidized ACORN network, which owes millions of dollars in back taxes, also played a major role in the subprime mortgage mess that has undermined Americans’ support for free market problem-solving and set off a worldwide chain of financial troubles. And then there’s ACORN’s eight-year-long coverup of the million-dollar embezzlement by founder Wade Rathke’s brother. When ACORN board members Marcel Reid and Karen Inman demanded to see the financial documents, they were expelled from the group. What else is ACORN hiding?

But Congress is giving them more money and more power. The ideal people, ACORN, to trust with the Census?