Congress of the Wnited States ‘House of Representatives ‘COMMITTEE ON SCIENCE, SPACE, AND TECHNOLOGY (202, 25-657 cmeuiersonnen July 6, 2016 ‘The Honorable Evie T. Schneiderman ‘Attorney General ‘State of New York 120 Broadway New York, NY 10271 Dear Attorney General Schneiderman, ‘The Committee on Science, Space, and Technology is in receipt of your June 24,2016, response to its request for information related to ongoing oversight of coordinated altempis to deprive companies, nonprofit organizations, and scientists of their First Amenclment rights and ability to fund and conduct scientific research five from intimidation and threats of prosecution. ‘This response marks the second time your office has refused to produce documents in response tw oversight letters signed by 17 Members ofthe Committee, Further, your office has not attempted to engage the Committe ina dialogue related to our requests. This is disappointing. 1 ‘urge You or your staff to engage withthe Committee as soon as possible to discuss the ‘Committee's requests, Your office's written responses to the Committee's request thus far, as well as those of your fellow “Green 20” atomeys general, area deliberate atlempt to mask the tr purpose of {your investigation and mischaracrerize the Committee's oversight, Characterizing your investigation as solely focused on Exxon an its statements is a misrepresentation. ‘The publicly available subpoenas issued by members of the “Green 20” are overbroad and would, in fact, capture communications between and among scientists at universities conducting federally funded scientific research, as well as between and among numerous non-profit organizations. Forexample, the subpoena issued to Exxon by the Attomey General ofthe U.S. Virgin Islands demands: 6. All Documents or Communications conoorning receurch, advocacy, sratogy, report, studies, reviews of public opinions regarding Climate Change sent or Feceived from: [150 ‘think tanks, non-profit groups, individual citizens, and University research groups}. Furthermore, the subpoena jssued to Exxon by the Atlomey General of Massachusetts contains similar language, demanding 5. Documents and Communications with any of [12 think tanks, non-profit groups, and ‘University research groups] concerning Climate Change and/or Global Warming, Climate‘The Honorable Erie, Schneiderman July 6, 2016 Page2 Risk, Climate Seience, and/or communications regarding Climate Science by fossil fuel ‘companies to the media and/or to investors or consumers, including Documents and ‘Communications relating the funding by Exxon of any of those organizations." In fac, the Attomey General ofthe U.S. Virgin Islands went so far as to issue a subpoena directly tothe Competitive Enterprise Insitute, This subpoena demanded: 3. Documents and Communications reflecting or concerning studies, ‘esearch reviews, events, or publications funded by ExxonMobil (in whole ‘or in par, directly or indreetly, including through Donors Trust or Donors Capital Fund or other third parties acting on behal? of ExxonMobil) concerning carbon dioxide or concerning. the likelihood, certainty, ‘uncertainty, scope, causes, or impacts of Climste Change.? Demands like these will undoubtedly require the production of scientific studies conducted by researchers at universities across the country. Protecting the ability ofthese scientists ~ and all scientists ~to conduct research uninhibited by the potential adverse effects of investigations by law enforcement isa goal ofthis Committee. As previously stated in the Committee's June 17, letter, specific legislative outcome is not required for Congress o conduct valid oversight; however, Congress could indeed legislate on a broad range of topics related to the funding of and ‘ansparency surrounding this sciemific research, including, but not limited to, issues associated ‘with those conducting this esearch. The Committee's authority to conduct this oversigh derived from Article I of the Consitation, ‘Additionally, the Commitee disputes your asetion tha tate sovereignty and the Tenth “Amendinent somehow prohibits Congres from conducting oversight of your aetvtes. The ‘Committe is unaware of any judicial precedent insulating state etites fom legitimate demands {or information from a congressional committe based on state sovereignty or the cope of the ‘enh Amendment. In fat similar arguments have been rejected by several federal couts.* " Massachsts Ofeof th Atarney Generel Ch ivetigative Demand to Exon Mobil Corp Ape. 19, 2016, nab at tp docnentloudogldocument2862196- Exon Stopoena Massachaenl hstvsted Sine 29,201) * L's Subpoona to Compoitve Enterprise Institue, Super, of he D.C, Apr 4, 2016 aval at nips documento orldocumen/2804S31CElSabpoens-Prom-USVL-AG-Cle- Waker-Api-? pi {lst ie ne 2, 2016) (1m soypocn wa wna on rst Nay 25,2010), See dnre Special Ap 1977 Grand Jury, 581 F-24589, 592 (7 Ce. 1978)(*Applln’ fst attack on the {ern jy] subpema ita they represen an unconstitinal eral excursion’ it th etry a excise stn sovereignty, aparently onthe gre that atin state fonctions ar mn rm seta and certain sate recor ar piviepes rm spoons, We dsgree”) Unied Ste Mich Dep ofp Heath, 2011 US. Dis. TEEXIS 59445 (2011) (nding ta» cone provision of he Michigan Meal Marivans Act wae reemped by federal law ving federal agency subpoen author to obain econ involving a contoled Subetanoe); Frei». B of Dis. of Upper Chesapeake Health ne, 142 F- Sapp. 2469, 697 (. Md, 2001) (Going a cutlenge oa feral ren state medical board to provide ext infrmaton othe Federal ‘Nana Prationer Data Bank, bsed on Teath Amendient grounds, to be “compleely eis") asad vom Frolic. Upper Chesopeae Heath, Ie, 313 34205 (Ci 200,"The Honorable Erie. Schneiderman July 6, 2016 Page 3 Accondingly, the Committee reiterates its May 18, 2016, requesis, and asks that your office produce responsive documents and communications to the Committee on or before July 13, 2016, at 12:00 p.m. As explained in detail in the Committees June 17, 2016, letter, this request is a legitimate exercise ofthe Committee's oversight duties under the Constitution and the Rules ofthe House. you continue to refuse to provide information responsive to the Committee's requests ‘ona voluntary bass, I willbe left with no alternative but o utilize the tools delogated tothe ‘Committe by the Rules ofthe House of Representatives. Specifically, the Committee will consider use of compulsory process to obtain responsive documents in the possession, custody, for contol of your alice ‘Atany point, I welcome the opportunity fo discuss the Committee's request with you or your staff. To arrange a meeting or discuss matters over the phone prior to July 13, 2016, lease Contact the Committee staff at 202-225-6371. Thank you for your attention to this matter. Sincerely, ‘Rep. Lama Smith Chairman ce: The Honorable Eddie Bernice Johnson, Ranking Member, Committee on Science, Space, and Technology Enclosure