Jun 07 2021
Fauci’s E-mails
A few years ago I was sued for libel, in a case I ultimately won in summary judgement where the other side had to pay for some of my legal costs because the judge deemed it unreasonable. But the case did proceed to discovery, which means each side gets to request information from the other. This included me turning over something like 40,000 e-mails. Search tools allow for sifting through these e-mails to find those that may be relevant. And of course, the other side was able to find e-mails that they could twist to create the impression of something sinister. Fortunately, in a court of law, there are rules of evidence and logic, and there was time to dig down to see if the e-mails in fact were evidence of anything. They weren’t.
In the court of public opinion, however, there are no rules. FOIA (Freedom of Information Act) can serve as a mechanism for discovery, and many academics, scientists, and public servants have been on the receiving end of them. Released e-mails can then be picked over with the zeal of a prosecuting attorney, but without ever facing the burden of legal protocol or a trained judge. In fact the purpose of this exercise is not to dig down to the truth but to cherry pick for anything that can be taken out of context to fuel conspiracy theories or to tarnish the other side. The purpose begins and ends with the twisting to create a sinister impression, and the results of any actual investigation are irrelevant (at least to many).
The first high-profile case of such an “e-mail gate” was with hacked e-mails from the Climate Research Unit. Investigations ultimately found no evidence of any deception or anything nefarious going on, but the damage was done. The fact is, in any scientific process scientists will discuss many things with each other. A lot of crap will be thrown against the wall, and it’s very easy to take casual conversations out of context. Anti-science activists saw this as a template, and began using FOIA requests to harass scientists and hunt for similar gotchas.