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IN THE CIRCUIT COURT FOR THE COUNTY OF ALBEMARLE ‘THE RECTOR AND VISITORS OF THE UNIVERSITY OF VIRGINIA, Petitioner, Case No. CL10000398-00 v KENNETH T. CUCCINELLI, 11, ATTORNEY GENERAL OF VIRGINIA, Respondent. BRIEF IN OPPOSITION TO PETITION Kenneth T, Cuccinelli, I Charles E. James, Jr. Attorney General of Virginia Chief Deputy Attorney General Wesley G. Russell, Jr. E. Duncan Getchell, Jr. Deputy Attorney General Solicitor General of Virginia Stephen R. McCullough Office of the Attorney General Senior Appellate Counsel 900 East Main Street Richmond, Virginia 23219 Phone: (804) 786-2071 Facsimile: (804) 371-2087 wrussell@oag.state.va.us Counsel for Respondent TABLE OF CONTENTS E TABLE OF AUTHORITIES ii STATEMENT OF THE CAS) STATEMENT OF FACT! ARGUMENT .....0 A. The Attorney General has reason to believe that the University has documentary material or information relevant to his false claims investigation. B. The CDs issued in this matter comply with the provisions of FATA. ... 1, The CIDs sufficiently state the nature of the conduct constituting the alleged violation to mect the requirements of FATA . 23 2. The University is a “person” for the purposes of Va. Code § 8.01-216.10, and therefore, the CIDs are appropriate... ate eee 3. The grants at issue are potentially subject to the provisions of FATA, and therefore, the CIDs are appropriate... : oe 4, The information sought by the CIDs is within the scope of a proper investigation under FATA. C. The University has failed to demonstrate that the CIDs violate any constitutional or other legal right or privilege belonging to the Universit 1. Neither the First Amendment nor concepts of academic freedom shield the information sought in the CIDs from review by the Attorney General. fete tet 2. ‘The University cannot refuse to comply with CIDs by invoking the alleged constitutional rights of faculty member ieee ieereeeaetarad 3. The University has not asserted in its Petition any recognized privilege that would shield the reqnadied information from production 40 CONCLUSION. CERTIFICATE OF SERVICE,