This looks like a whitewash to me. It wasn't just about whether they withheld data or even source code. One of their tactics, revealed by the leaked emails, was to publicly berate the scientists who opposed AGW to publish their arguments in peer reviewed journals. In private they worked to get journal editors fired, ignore journals that published opposite views, discredited and hampered the careers of opponents, etc. More importantly, this whole approach of focusing on one little fact and using that to "prove" there was no conspiracy is like focusing on the glove that would not fit in the OJ trial. If you read the leaked emails the pattern seems pretty clear -- these guys were not engaging in science but politics.