Category Archives: Media Criticism

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.

Back On The Air (Sort Of)

Momentarily.

So, I came down with a cold on Tuesday evening. I first noticed it at a U of Michigan reception at SciTech after the main reception (attendees were in high spirits after their football team had won their first national championship after a quarter of a century, unalloyed by having to unfairly share it with Nebraska; I say “unfairly” because many think that Missouri beat them but lost on a bad call). I noticed that my throat was getting a little sore, and my nose was starting to run. (Interestingly, it was the sickest I’ve been since long before Covid).

Anyway, I was better on Wednesday, and attended the conference, then spent the later afternoon and evening with my niece who lives in Orlando. I had a scheduled flight to DC on Thursday evening, but decided to go to the airport and get out earlier on standby, and arrived here late yesterday afternoon. My nose started running again and I had a rough night sleeping, and I lost my voice during the day, but I’m on the mend now. I expect I’ll be much better tomorrow, and fine for the upcoming trial next week.

But I’m spending the weekend cramming for my upcoming testimony, probably Wednesday or Thursday, as a hostile witness for the plaintiff, so probably light blogging not just this weekend, but for the next three-and-a-half weeks. So be grateful if you get any free ice cream between now and the second week of February.

Another Artemis Delay

I wish that every time some politician (and Bill Nelson is definitely one of those) says that “Safety is the highest priority,” someone would ask them, “What is safe enough? When are you going to fly? How safe will it be then? If safety is the highest priority, why would you ever fly? Not flying is the only way to make safety the highest priority.”