Category Archives: Law

Mark Steyn

…and the death of justice.

Hopefully, it’s not dead, just resting.

[Update a while later]

The latest stupidity in journalism:

University of Pennsylvania professor and climate scientist Michael Mann won a defamation lawsuit against a pair of right-wing bloggers who compared his depictions of global warming to a convicted child molester over a decade ago.

No, we compared the way the corrupt administration at Penn State treated the two cases. And just what is it about me that’s “right-wing”?

The Superior Court of the District of Columbia jurors awarded Mann more than $1 million, deeming the statements in the blogs to have been made with “maliciousness, spite, ill will, vengeance or deliberate intent to harm.”

The jury didn’t “award” anything. Mann doesn’t have his million dollars, and is almost certain not to get it. And the statements were not made with any of those things, and Plaintiff offered no evidence that they were.

“I hope this verdict sends a message that falsely attacking climate scientists is not protected speech,” Mann said in a statement. “It’s a good day for science.”

It was a terrible day for both science, and justice.

In 2012, the libertarian think tank Competitive Enterprise Institute published a blog post by Simberg, who at the time was a fellow at the organization, comparing Mann’s work to the case of Jerry Sandusky, a former assistant football coach at Pennsylvania State University (where Man was also working at the time) who was convicted of sexually assaulting children.

I was never a “fellow” at CEI. And to the degree that we were “comparing” the two cases, it was to make crystal clear, in black letters that Mann was not a child molester.

Mann’s research had been investigated after his and other scientists’ emails were leaked in 2009 in an incident that brought scrutiny of the “hockey stick” graph, with skeptics claiming Mann manipulated data. Investigations by Penn State and others found no misuse of data by Mann, but his work continued to draw attacks, particularly from conservatives.

Yes, because as we provided abundant evidence for at trial, the Penn State “investigation” was in fact (as we knew at the time) a whitewash.

Mann argued that he had lost grant funding as a result of the blog posts. The writers countered during the trial that they were stating opinions and that Mann became one of the world’s most well-known climate scientists in the years after their comments.

Claims that he failed to substantiate, and he presented false claims to the jury, an act which the judge found “stunning.”

But other than that, great reporting.

[Update a few minutes later]

Here’s more shoddy reporting:

Simberg and Steyn were each found guilty of defamation and were ordered to pay $1 each in compensatory damages and one million and $1,000 in punitive damages, respectively.

Juries cannot “order” anything, and didn’t. And the reporter reversed the awards for punitive damages for me and Mark.

[Wednesday-morning update]

I missed this last week, but here is John Hinderaker’s commentary.

[Update a while later]

I’ve seen a lot of comments in the coverage (and in comments) about how Mann “dragged out” the trial. That’s not really the case. We ended up dragging it out quite a bit ourselves, in our efforts to get the case dismissed, then having to appeal it to the DC appeals court, which took years, then an appeal to SCOTUS, which added more time, and then getting the cases against CEI and National Review dismissed, and then when the (fourth) judge didn’t dismiss my and Mark’s cases, discovery. Then we had Covid, during which there were no jury trials. Then Mark had his heart attacks a year ago, and couldn’t stand trial. Trial was rescheduled to October, and then His Honor continued it again because he came down with something the day before trial was set to begin, at which point it was rescheduled to mid-January. So while there is plenty to criticize Mann about, delaying the trial isn’t part of it.

[Update mid morning]

More warmist bilge from Michael Hiltzik.

In all, eight separate investigations by official bodies found Mann innocent of wrongdoing or validated his research findings; the results all were made public. But the attacks continued, even up to this day. (Mann is now at the University of Pennsylvania.)

More regurgitation of Mann’s BS. They did not “find Mann innocent of wrongdoing”; many of them didn’t even mention Mann. And we learned in discovery even more about the Penn State whitewash.

[The NSF] examined “a substantial amount of publically [sic] available documentation concerning both [Mann’s] research and parallel research conducted by his collaborators and other scientists” in the field of global warming, and also interviewed Mann, “critics, and disciplinary experts” before finding that there was no evidence that Mann “falsified or fabricated any data.”

He wasn’t accused of “falsifying or fabricating data,” so this was a straw man.

The truth is, however, that Steyn and Simberg lost only after the jury applied the most stringent standards for defamation lawsuits — standards that have been developed precisely to protect “the integrity of free speech” and that protect serious journalism. Mann had to show that the authors knew or should have known that their factual assertions about his work were false, and that’s exactly what he did.

He did not. He presented no evidence whatsoever to that effect.

More Terrible Trial Coverage

over at Ars Technica.

I may respond later, but I have to think about it. As usual, the comments are lunacy.

[mid-morning update]

Thoughts from Will Bates.

[Update a few minutes later]

Reflections from (trial witness for the defense) Roger Pielke, Jr.

[Update a few more minutes later]

More thoughts from “Sharon F.”

[Update a few more minutes later]

A good comment from Roger’s substack.

[Afternoon update]

Joe Bastardi weighs in on the hockey stick.

[Monday-morning update]

More from Clarice Feldman. Though I have not stated any plans to appeal. The only reason I’m unhappy about the verdict is that the jury mistakenly found that I acted with malice, despite no evidence of it.

The Trial

I shouldn’t discuss it here, but commenters are welcome to.

[Update on the evening of February 8th]

Here is my official statement to the press: ” I am pleased that the jury found in my favor on half of the statements at issue in this case, including finding my statement that Professor Mann engaged in data manipulation was not defamation.  In over a decade of litigation, the sanctions levied against Professor Mann dwarf the judgment against me.”

[Bumped]

[Update a few minutes later]

Here is the story at the WaPo. You have to go in pretty far to learn that the judgment against me was for only a thousand bucks. He owes me $4400 for sanctions from deposition.

[Late-evening update on the west coast]

Thoughts from closing yesterday:

Williams argued that no one giving evidence had questioned Mann’s “integrity, reliability or credibility.” This ridiculous claim drew an immediate objection, which was overruled — although the judge said he would re-read the instructions on that subject.

Then Williams argued that Steyn and Simberg had not proven that they really believed that what they wrote was true. This was of course a complete mis-statement and reversal of the actual law and instruction on the key issue of actual malice. The statement drew an immediate objection, which was sustained. As a result of the mis-statement, the judge told the jury to ignore Mr. Williams’s statement and said that he would re-read to the jury the instructions as to defamation. He did that at the close of the argument. However, it was not clear to me that the jury understood that the re-reading was intended to correct Mr. Williams’s false version of the law and burden of proof as to actual malice. They could well be confused as to this, which was clearly Williams’s intent.

Next, Williams said that his client had no need to prove monetary harm, but the jury could award damages based on reputational or emotional harm. The problem with this one is that he had no evidence to cite as to the alleged reputational or emotional harm.

And finally, Williams made a pitch for punitive damages. In his pitch, Williams started to say “These attacks on climate scientists have to stop.” Again, there was an immediate objection, again sustained. In effect, Williams was arguing for abrogation of the First Amendment as to the climate debate. I find it outrageous. But will the jury?

Apparently, they didn’t…

[Late-night update]

Professor Curry has put up her expert report, that was not allowed into evidence, on her website.