Santa Spendalot

War on Christmas: Let’s chop down the big tree.

Santa SpendalotAlmost everything you buy in a retail store is made in China. The retail market is cornered. Let’s send the retail stores a message that we want our jobs back. This Christmas, don’t buy any gifts made with slave labor. Look at the tag. You can fight slavery as easy as that. The list of countries where slave labor does not produce goods is much shorter than the list of countries where it does. They are the winners in the history books. Figure it out. Continue reading

Energy

Open letter to America: the endless war for oil

What if I told you that all wars were waged over resources, that at the moment the most important resource in the world is oil, and that the war in the middle east and the trade war over the Alberta tar sands, seemingly different conflicts involving different parties, are actually the same war, waged by the same economic force and subject to the same economic necessities, one of which is within your control? Continue reading

Global warming

Is the climate change fight better off without Joe Q. Public?

If global warming was shifted to the backburner, fighting it might generate less opposition.

Global warmingIn an opinion piece at the Bulletin of the Atomic Scientists, Dawn Stover recently wrote:

Apparently most Americans have not only lost interest in learning about what’s happening to our world, but are actively repelled by the very mention of this world. Continue reading

Big-Data

Nate Silver: Geek? Yes. Thoughtful journalist? Bigger yes.

FiveThirtyEight post on disputed climate change story signals commitment to transparency

Yesterday, after reading criticisms of Nate Silver’s revamped FiveThirtyEight, I thought: Denny, find out for yourself. After all, I am, at least historically, a geek. And, I thought, years of reading his New York Times blog showed me Nate is King Geek and FiveThirtyEight at ESPN would, no doubt, reflect that.

So I read “The Messy Truth Behind GDP Data.” Not bad. Classic FiveThirtyEight geeky on an important topic. But, even through so many pundits and politicos base analyses on flawed understandings of GDP, reading the post was akin to watching paint dry. I tried Harry Enten’s story about Hillary and polling. Egads: So. Many. Numbers. Unfamiliar terms. Headache ensues.

Continue reading

CATEGORY: Climate

Liability fears drive psychology journal to retract climate study

The journal Frontiers retracted a study of conspiracy accusations among climate change deniers even though their “investigation did not identify any issues with the academic and ethical aspects of the study.”

0.17% of climate papers since1991 reject the reality of industrial climate disruption.

0.17% of climate papers since1991 reject the reality of industrial climate disruption.

In August 2012, a psychology study titled “NASA Faked the Moon Landing – Therefore, (Climate) Science Is a Hoax: An Anatomy of the Motivated Rejection of Science” was published. Using results from surveys published at various climate blogs (by way of disclosure, S&R was one of the blogs that hosted the survey)*, the paper found that there was a correlation between belief that climate disruption (aka climate change) was a hoax and belief in other widely disproved conspiracy theories. Climate disruption deniers responded by attacking the paper, the authors, the process of peer-review, and generally demonstrating that many of them did, in fact, consider climate disruption a hoax. The “NASA” paper’s results have since been replicated in the U.S. using a wider sample from data gathered by a reputable polling firm.

The lead author of the “NASA” paper, Stephen Lewandowsky, and several others realized that this response provided an opportunity, and in March 2013 they published a follow-on study of public responses titled “Recursive fury: Conspiracist ideation in the blogosphere in response to research on conspiracist ideation.” In this paper, Lewandowsky and his co-authors extensively quoted examples from individuals making public accusations of conspiracy against climate scientists. Given the fact that the quotes could be tied back to identifiable individuals’ public comments, a number of people identified in the paper claimed that they’d been libeled and/or defamed by the authors and the journal Frontiers.

After a year-long investigation that found no identifiable ethical or academic issues with the study, Frontiers asked the authors to retract the study anyway because of what the journal called an “insufficiently clear” legal landscape with respect to libel and defamation. According to Lewandowsky’s website, the specific concern was that United Kingdom libel law in force at the time of publication was too permissive and Frontiers feared it could lose everything if they were sued in the UK. “Recursive Fury” was formally retracted last week.

The University of Western Australia (UWA), where Lewandowsky was a professor at the time “Recursive Fury was published, received a significant number of allegations of academic and ethical misconduct. According to documents obtained from UWA under Australia’s Freedom of Information law, UWA investigate the allegations and concluded that “no breach of the Australian Code for Responsible Research occurred in the research leading to the article known as ‘Recursive Fury’.” In addition, the FOIed documents show that the journal Frontiers “established a team consisting of senior academics, not Frontiers personnel, to evaluate the complaints made to Frontiers (emphasis added)” and yet failed to find any ethical or academic reason to retract the study.

This finding came in spite of the fact that the study was originally published with some mistakes that required the authors of “Recursive Fury” to issue corrections to the study. For example, some individuals were misquoted or had other people’s opinions misattributed to them. Had the study been academically flawed or generated using unethical methods, retraction would have been totally appropriate. But since multiple investigations turned up no ethical or academic deficiencies in the study, Frontiers has had to take an embarrassing “worst of all paths” approach to the study – retracting it in a way that opens Frontiers to criticism from all quarters, not just from critics of “Recursive Fury.”

While the intimidation tactics of the study’s critics resulted in the retraction of “Recursive Fury,” it is by no means certain that specific allegations of libel and/or defamation would have been successful in any hypothetical lawsuit. All the statements quoted and analyzed in “Recursive Fury” were made publicly on various websites frequented by deniers of industrial climate disruption. As such, it’s not unreasonable to imagine that a sufficiently skilled lawyer could have successfully argued that the claimant (the person alleging libel and/or defamation) was essentially saying that he was defamed by having his own publicly-spoken words quoted back at him. Unfortunately, given the number of libel and defamation claims, Frontiers apparently concluded that even winning the hypothetical lawsuits could ruin them.

And that’s what makes this situation so problematic. This retraction represents a type of SLAPP – a strategic lawsuit against public participation. In essence, a SLAPP is a lawsuit brought by an individual or organization with deep pockets against a critic. By filing the lawsuit, the individual or organization makes one critic an example for all others, and the example is even more spectacular if the critic suffers financial and personal ruin as a result of the lawsuit. In this case, however, the sheer number of hypothetical lawsuits would have replicated the effect of a single, financially powerful opponent. And as no lawsuits were actually filed, the costs to critics of Frontiers and “Recursive Fury” was remarkably low.

The SLAPP-like nature of this entire episode sets a very dangerous precedent. It tells anyone who dislikes or disbelieves the results of a scientific study that publishers may be intimidated via legal-sounding threats into retracting studies. While this tactic is unlikely to be successful against major publishers, smaller scientific publishers may well be intimidated if there are a large number of complaints (each of which might need to be defended against individually) or if the complaints are made by individuals or organizations with significant financial backing. While there is no evidence at this point that there was deliberate collusion among Frontiers’ critics, the fact that an informal group of critics was able to force the retraction of an ethically and academically sound study will embolden others to turn this into a legal tactic against research they disagree with.

According to Lewandowsky’s website, no critic or group of critics of any of the Lewandowsky studies has published a response to any of the studies as of March 2014. Instead, critics of the studies have responded exclusively via blog posts, comments, angry letters to universities and publishers alleging fraud and bias, and by threatening lawsuits. On the other hand, there have been multiple additional examples of critics alleging that UWA and/or Frontiers failed to perform a proper investigation into “Recursive Fury.” And in the process, those critics are demonstrating yet again that the conclusions of all three studies are correct: there is correlation between being a conspiracy theorist and believing that climate disruption is a hoax or scam.

Other discussions of this story:

*UPDATE: I did a search through S&R’s posts and my personal email and was unable to find any evidence that S&R had actually hosted the original survey as I had originally disclosed. I apologize for the mistake.

CATEGORY: Climate

Climate Illogic: Poisoning discussion is easier than countering climate science

If you can’t dispute the facts, attacking your opponent may distort the debate before it even starts.

Model performance vs. measured global average surface temperature (IPCC AR5)

Model performance vs. measured global average surface temperature (IPCC AR5)

For more posts in this series, please click here.

Debates can be difficult. This is especially true when you’re arguing against subjects that are nearly indisputable, such as evolution or industrial climate disruption (aka climate change). When faced with this situation, it is nearly always easier to create a distraction than it is to argue with either the science or the data underlying it. If the distraction is successful, then you don’t even have to debate the science or data at all – you get to focus on something that you choose and that may be totally unrelated to the argument at hand.

In discussions of climate disruption there are a number of common distractions. For example, the term “catastrophic global warming” is a straw man – a claim that scientists don’t actually make that’s easier to debate than the actual nature of climate change and model projections. Similarly, the argument that the supposedly missing tropospheric hot spot disproves greenhouse gas-driven climate disruption is another straw man, in this case because it’s not the hot spot that demonstrates greenhouse gases, but rather the heating in the troposphere and the cooling in the stratosphere.

Sometimes, however, deniers of industrial climate disruption try to derail any discussion of climate science before it even starts. One way they do this is by using a tactic and logical fallacy known as “poisoning the well,” and it’s the focus of today’s Climate Illogic. Continue reading

CATEGORY: Climate

Climate change in the Department of Defense 2014 Quadrennial Defense Review

For the fourth time since 2008 the Defense Department finds that climate change will exacerbate tensions and conflict.

In June 2008, the Department of Defense under then President George W. Bush published its 2008 National Defense Strategy. In this document was a single mention of climate change as one of trends and risks that could “pose a new range of challenges for states and societies” that “will affect existing security concerns such as international terrorism and weapons proliferation.”

Since then, the Department of Defense (DoD) has discussed climate change in major strategy documents three additional times. The latest, the 2014 Quadrennial Defense Review, was published today (March 4). In the executive summary to the Review, the DoD writes that

The impacts of climate change may increase the frequency, scale, and complexity of future missions, including defense support to civil authorities, while at the same time undermining the capacity of our domestic installations to support training activities.

Continue reading

Model vs. measure global temperature comparison for 2012 (RealClimate)

Roy Spencer attacks Anti-Defamation League for denouncing his use of “global warming Nazis”

The Anti-Defamation League clearly understands that a “denier” is someone who denies the truth of something. Unfortunately for his credibility and legacy, Roy Spencer does not.

IPCC AR5 WG1 Decadal variation in global temperature (IPCC)

IPCC AR5 WG1 Decadal variation in global temperature (IPCC)

Last week, once-respected climate scientist Roy Spencer went off the rails with a rant about how he would start calling unnamed climate scientists and activists “global warming Nazis.” In response, Anti-Defamation League (ADL) Southeast Interim Regional Director Shelley Rose issued a statement that denounced Spencer for “trivializing” both Nazis and the Holocaust. Rather than rethink his position, however, Spencer attacked the ADL for hypocrisy.

Last week I wrote a post cataloguing six significant issues with Spencer’s original rant that sounded “more like paranoid ramblings than the words of someone who should be a respected elder statesman of climate science.” In his attack on the ADL, Spencer took his rant even further, claiming that the “denier” description was a form of character assassination, issuing a blanket defense of anyone and everyone who has been called a denier of climate change/global warming, and implying that only so-called “skeptics” like him really care about the poor. Continue reading

Taylor_Heartland_NCA

Roy Spencer calls climate scientists and activists “global warming Nazis”

Roy Spencer’s rant on climate change “deniers” vs. “global warming Nazis” indicates that his signature achievements are in the past.

Table of most of the corrections made by UAH team to satellite record of global temperature.

Table of most of the corrections made by UAH team to satellite record of global temperature.

There was a point when climate scientist Roy Spencer was widely respected for essentially inventing the method that scientists use to measure the Earth’s temperature from satellites. But since the early 1990s, Spencer’s reputation has suffered a number of self-inflicted injuries. For example, Spencer’s evangelical faith has led him to reject evolution in favor of intelligent design. And he’s been quick to conclude that global warming is overblown while only reluctantly accepting corrections that have nearly always shown his conclusions were biased cold. In short, Spencer has demonstrated that he is no longer able to separate his biases from his science.

But Spencer’s post calling climate experts and global warming activists “global warming Nazis” in response to being called a “denier” of global warming indicates that Spencer – who has been called to testify before Congress at least three times – has finally gone completely off the rails. Continue reading

CATEGORY: ScienceTechnology

Bill Nye’s science vs. creationism “debate” with Ken Ham – some random thoughts

Some musings on the creationism debate between science educator Bill Nye and young-Earth creationist Ken Ham.

I didn’t watch last night’s debate between Bill Nye “The Science Guy” and Creationism Museum co-founder Ken Ham for two reasons. First, I had more important things to do, like kissing my kids goodnight, painting my basement, cuddling with the cats, making my wife’s coffee, and getting a good night’s sleep. Second, I’m generally against scientists debating non-scientists on scientific subjects. Most scientists don’t have the personality or the training to do well in a debate setting, even when they’re right. A non-scientist with training in debate and rhetoric could take the position that the sky isn’t blue and still win the debate against an untrained scientist.

I was even more against Nye debating a creationist, not just because he’s a scientist debating science with a non-scientist. Continue reading

Weisman, Alan

Overpopulation makes a mockery of citizenship

“Countdown” by Alan Weisman: required reading for earthlings.

Alan Weisman

Alan Weisman

In his highly acclaimed book World Without Us (Picador, 2008), Alan Weisman  speculated on how the earth would fare in our absence (even worse … then much better, thank you). In his most recent book, Countdown (Little, Brown and Company, 2013), Weisman chronicles the impact of population growth on the earth. He attempts to determine its ― in technocrat speak ― “carrying capacity” and reports on what forces are working towards and against that end. As you can imagine, much of it revolves around agriculture, resources, and climate change. Countdown is required reading for all earthlings. Continue reading

CATEGORY: Climate

Climate Illogic: don’t be distracted by irrational assertions of global warming catastrophe and crisis

“Global warming crisis” and “catastrophic global warming” are common straw man arguments.

For more posts in this series, please click here.

There are a couple of terms commonly used by climate disruption deniers (those who deny that industrial climate disruption1 is derived from widely accepted scientific laws) that are nearly always attempts to distract the reader (aka “red herrings”). These terms often are used specifically because they appear to be both relevant and reasonable, but are actually neither. Instead, these terms are logical errors, specifically “straw men” logical fallacies.

These terms are “catastrophic global warming” and “global warming crisis” as well as their variants. Continue reading

CATEGORY: Climate

Faux Pause: climate contrarians lose favorite talking point

by Greg Laden

In an ongoing effort to discredit mainstream climate science, climate contrarians have incorrectly asserted that there is a “pause” in the rate of global warming. This was never true,  but now, it is even less true.

CATEGORY: ClimateGreg Laden teaches anthropology at Century College and blogs for National Geographic Scienceblogs.com. He is a long time resident of the Twin Cities and has written extensively on matters of climate change and other areas of science.

To any objective observer, the Earth is now a world warmed. The decade 2001-2010 was the hottest decade on record, and every single month since March 1985 has been warmer than the 20th century average.   Continue reading

Screen capture of Heartland email using AMS logo.

Heartland Institute email distorts American Meteorological Society study, admits it’s all about “spin”

Joseph Bast of The Heartland Institute

Joseph Bast of The Heartland Institute

Abstract: The Heartland Institute sent an email that inaccurately reported the results of a study into the scientific consensus about the nature of global warming. The American Meteorological Society objected to the deceptive nature of the email, and so Heartland’s President Joseph Bast defended the email. Instead of accurately reporting the study’s results, both the email and Bast chose instead to distort the study’s findings, quote mine, and ignore inconvenient results in the service of an admitted desire to fool the public into disbelieving that climate change is real, human caused, and likely to be harmful.

On November 26, the Heartland Institute sent a direct marketing email that distorted the results of a study investigating the level and strength of scientific consensus about industrial climate disruption among members of the American Meteorological Society (AMS). In addition to the spam-like tracking features embedded in the email, it also prominently featured the seal of the American Meteorological Society (AMS) and was only identified as coming from Heartland in the footer. Following a public complaint by Keith L. Seitter, the Executive Director of the AMS, Heartland President Joseph Bast published a defense of the email in which Bast claimed that everything in the email was true, that Heartland had done nothing wrong, and more or less told Seitter to quit complaining.

Given Heartland’s long history of deception, dishonesty, and hypocrisy with respect to industrial climate disruption, S&R compared the claims made in the email and by Bast in his defense with the actual study (“Meteorologists’s views about global warming: A survey of American Meteorological Society professional members,” hereafter Stenhouse et al 2013). S&R found that the email and Bast’s blog both fail to accurately describe the results of Stenhouse et al 2013 in multiple ways. Both distort the study’s finding on the scientific consensus among AMS members, both caricature the study’s findings on how political ideology is related to thinking that global warming is happening, the email excises a critical part of a quote and Bast defends the quote mining, and both fail to mention that Stenhouse et al 2013 replicates another study into the scientific consensus. Continue reading

CATEGORY: Climate

James Taylor of Heartland Institute twists new AMS study to cast doubt upon industrial climate disruption consensus

James M. Taylor (from Heartland Institute bio page)

James M. Taylor (from Heartland Institute bio page)

Abstract: James M. Taylor of the Heartland Institute has published a Forbes blog in which he distorts the results of a new Bulletin of the American Meteorological Society study. Instead of accurately reporting the study’s results, Taylor chose to distort the study using logic errors, dishonest and misattributed quotes, and even lying about the study’s methodology. Taylor’s blog represents yet another example in a long history of twisting surveys and studies in a failed attempt to manufacture doubt the scientific consensus about global warming.

On November 20, 2013, James M. Taylor of the Heartland Institute published a blog at Forbes where he discussed a new study in the Bulletin of the American Meteorological Society titled “Meteorologists’ views about global warming: A survey of American Meteorological Society professional members” by Neil Stenhouse and nine other co-authors (hereafter Stenhouse et al 2013). Stenhouse et al 2013 found, among other things, that 93% of the most knowledgeable climate experts think that climate disruption has occurred over the last 150 years and that human activity is part of the cause.

Rather than focusing on the main points of study, Taylor instead focused on a secondary conclusion (that only 52% of all respondents think that the last 150 years of climate disruption are “mostly” caused by human activity), failed to provide any of the study’s context for that conclusion, and in the process distorted the study’s results in an attempt to manufacture doubt about the overwhelming scientific consensus regarding industrial climate disruption1. Continue reading

CATEGORY: Climate

Daily Caller gets it wrong on global warming spending

Michael Bastasch’s shallow and oversimplified reading of federal spending for climate disruption vs. border security misleads his audience.

CATEGORY: ClimateAn article in the Daily Caller on October 28 incorrectly claimed that the federal government was spending twice as much to address industrial climate disruption as it was spending on border security. In the process, the author of the article, Michael Bastasch, misrepresented both the 2014 Department of Homeland Security budget and the federal climate change expenditures for 2013. Continue reading

CATEGORY: Climate

IPCC physical science Summary for Policymakers: 95% certain that human activity is dominating climate disruption

[Update: several clarifications have been added in the best case scenario section.]

The complete, 2500 pages long Working Group One (WG1) report of the Intergovernmental Panel on Climate Change (IPCC) Fifth Assessment Report (AR5) has been published. While the devil is often in the details buried deep in those 2500 pages, the Summary for Policymakers (SPM) is a distillation of the key scientific findings that the WG1 authors and every national government agree upon. As such, the SPM is an inherently conservative1 summary of the science. Continue reading

CATEGORY: Climate

Climate Illogic: Sometimes arguing from authority is the logical thing to do

For more posts in this series, please click here.

A common illogical claim among those individuals who deny industrial climate disruption is that any discussion of consensus or reference to a scientist’s expert opinion is an “appeal to authority.” Those who make this illogical claim are essentially trying to say that expert opinion doesn’t matter. This not only a misunderstanding of the logical fallacy, it’s also absurd given the realities of living in a complex world.

The actual fallacy is known as an “appeal to misleading authority.” In order for an authority to be “misleading,” it has to have at least one of the following:

  • The person being referred to as an authority may not be an actual expert on the subject in question.
  • The person being referred to as an authority may be biased.
  • The person being referred to as an authority may hold opinions that are not representative of his/her fellow experts in the subject
  • The reference to authority may be unnecessary.

With respect to climate disruption we find many examples of each of these types of misleading authorities. Burt Rutan, founder of Scaled Composites, and most of the NASA 49 are examples of individuals who have been identified as authorities on climate disruption but who are not actual climate experts. There is evidence that climate scientists Roy Spencer and Patrick Michaels are less than objective about climate disruption due to their religion, free market ideology, and/or fossil fuel industry funding. Richard Lindzen of MIT is a member of the prestigious National Academy of Sciences due to his climate expertise, but his opinions about how the Earth supposedly cools itself (his “iris” hypothesis) are not representative of expert opinion on climate disruption, and so referring to Lindzen’s authority may be misleading. And at this point the increase in global temperature has been verified so often and independently that an appeal to any single scientist’s authority on the subject is unnecessary.

So long as these pitfalls are avoided, arguing from authority may be justified. This is especially true with respect to complicated subjects such as climate disruption and with respect to situations where people are forced to make decisions with incomplete information. We live in a complex world, and it’s not possible to rely exclusively on direct evidence from our own senses. Everyone must place their trust in the authority of someone else eventually.

One example of this fact is purchasing an automobile. People generally don’t purchase an automobile until after researching the vehicle, taking a test drive, etc. At each step of the process, however, the customer is forced to place his or her trust in the authority of someone else. When researching the automobile, the customer must decide whether or not to trust the reviewers, the crash reports. After all, its possible that the reports were fraudulent or the reviewers were paid to give positive reviews of a substandard vehicle. And the customer places his or her trust in the authority of the automobile’s engineers, manufacturers, and technicians to build and certify a safe automobile.

Given a proven track record of safety by the manufacturer, no major recalls on a given model, and safety testing monitored and certified by unbiased third parties, it’s not only reasonable to assume that the vehicle is safe, it’s justifiable. Essentially, the authority of the engineers et al is independently verified. And given that most people lack the ability to perform their own crash testing, relying on these types of authorities is not only reasonable, it’s also justified.

The process of verifying a person’s authority includes the person demonstrating a high level of understanding of key issues. In the example of an automobile that might be crash crumple zones, how wiring is routed in the engine in ways to prevent it from being melted by engine heat, or the effects of road grime on frame corrosion. In the case of industrial climate disruption the authority might need to understand how carbon isotopes prove that the excess carbon dioxide is due to burning fossil fuels, the physics of why carbon dioxide absorbs infrared radiation, and an understanding of blackbody radiation and how it interacts with greenhouse gases to create the greenhouse effect.

In addition, an authority is someone who has been verified to be an expert on a particular subject (automobiles above, or some aspect of climate science). The verification process is subject to some level of assumed trust, but is usually based upon independent, third party proxies such undergraduate and/or graduate degrees related to the subject, years of experience working with/in the subject area, a significant publication record of peer-reviewed studies on the subject, acknowledgment as an expert by multiple other experts on the same subject, and so on.

Finally, someone’s authority may be formally or informally revoked if there is sufficient evidence to demonstrate that the proxies got it wrong. In the case of an automobile, if a test technician was falsifying safety reports, he or she could be fired or even charged with crimes. Meteorologist Joe Bastardi has repeatedly made claims about climate disruption that were easily disproved both mathematically and empirically, and as such he no longer has any real authority on the subject of climate disruption.

Arguing from authority is rarely if ever as good as arguing from first principles. When information is available and can be understood, arguing from that information will nearly always be preferable to arguing from the expert opinion of someone else who understands the information. However, when the subject being argued (say, climate disruption or a criminal proceeding) is sufficiently complicated that arguing from first principles is unrealistic, arguing from authority is not only justified, it is the logical thing to do.

CATEGORY: PoliticsLawGovernment

National Review’s new motion to dismiss Mann’s defamation lawsuit contains false claims

On July 19, DC Court Judge Natalia M. Combs Greene rejected multiple motions to dismiss climate scientist Michael Mann’s defamation lawsuit against the National Review (NR), the Competitive Enterprise Institute (CEI), NR writer Mark Steyn, and CEI writer Rand Simberg. On July 24, NR and Steyn submitted a motion asking to reconsider her refusal to dismiss based on what NR and Steyn claim are “material mistakes of fact.” S&R has been investigating the accuracy of three of the claims made in the NR/Steyn motion to reconsider: that Judge Combs Greene had erroneously conflated actions of NR/Steyn with those of CEI/Simberg, that NR/Steyn had not been critical of Mann’s research over a period of years, and that these two claimed mistakes mean that NR/Steyn might not have been aware that they were making false claims against Mann. After reviewing the public record, S&R has found that while the first claim is likely false, the other two claims are clearly false.

National Review has called for investigations into alleged misconduct by Mann

According to the the NR/Steyn motion for reconsideration, Judge Combs Greene supposedly misattributed requests by CEI/Simberg to investigate Mann’s research conduct to NR/Steyn.

the Order conflates the conduct of co-defendant [CEI] with that of National Review and Steyn, who never petitioned the Environmental Protection Agency to investigate or otherwise pressured the agency concerning [Mann’s] research. (emphasis original)

The very specific language of the prior quote leaves open the possibility that either NR or Steyn could have called for investigations in general or other specific investigations such as those conducted by the Parliament of the United Kingdom, the National Science Foundation (NSF), or the National Oceanic and Atmospheric Administration (NOAA) while still being factually true. Only the EPA investigation is excluded by this language, and as such it comes close to qualifying as an “equivocation” logical fallacy. As such, S&R’s investigation searched for examples of public investigation requests for both general and specific investigations by NR writers or Steyn himself. S&R was unable to find any examples calling for specific investigations, lending some support to this NR/Steyn claim.

However, while S&R did not discover any examples, Mann’s legal team did find several of varying strength, as seen in Mann’s response to the NR/Steyn motion to reconsider. The strongest example is in an NR article written by Candace de Russy titled “Your Stimulus Dollars Lavished on Climate-Alarmist Prof.” where de Russy writes about the Penn State investigation into Mann’s conduct. At the end of the article, de Russy writes:

In these crushing economic times, is it too much to ask that university authorities, our political leaders, and the press jump on this case with a bit more rigor?

While this is not a call for a specific body to investigate Mann’s research, it is a call for thorough investigations by “university authorities, our political leaders, and the press.” As such, it demonstrates that, while the specific claim vis a vis the EPA investigation may be true, NR/Steyn did, in fact, call for investigations of Michael Mann’s conduct.

National Review and Mark Steyn have accused Mann of misconduct since 2009

The NR/Steyn motion for reconsideration also claims that Judge Combs Greene confused NR/Steyn with CEI/Simberg again when she took into account “all of the statements and accusations over the years” against Mann. NR/Steyn are essentially claiming that both CEI and Simberg have a history of attacking Mann, but that neither NR nor Steyn has a similar history. S&R’s investigation turned up 10 different NR articles and three Steyn articles going back to 2009 that disprove this claim. Note that most, if not all, of the allegations against Mann in the examples below have been investigated repeatedly and found to be without merit.

Examples of National Review criticisms of Mann

  • Global Warming: Science or Religion by Sterling Burnett on July 21, 2009. This post makes a number of indirect criticisms of Mann, who is the only named scientist in the article, and implies that he and other climate scientists are “fanatics” who, by supposedly making unprovable claims, engage in “sly but abjectly dishonest” activities.
  • Mann-made Warming Confirmed by Chris Horner on September 28, 2009. This post contains a brief history of Mann’s supposed errors and alleged cherry-picking to produce the MBH99 “hockey-stick.” “The conclusion is inescapable. The tree ring data was hand-picked to get the desired result. (emphasis added)”
  • Climategate: Where Are We? by Iain Murray on November 30, 2009. Mann is explicitly mentioned as a “trickster” (a reference to a Climategate email that Penn State looked at specifically during their investigation) and is thus included in Murray’s “perpetrators.”

    “There have been attempts to muddy the waters with assertions that data were publicly available all along (ha!) and the insinuation that anyone using “stolen” emails is somehow more immoral than the perpetrators of the three frauds outlined above. (emphasis added)”

  • Peer Pressure by the NR Editors on December 1, 2009.

    Phil Jones of CRU, Michael Mann of Penn State University, and other leaders of the climate cartel discussed statistical tricks they used to “hide the decline” of atmospheric temperatures. Other data were fudged to cover up warm periods that didn’t fit their theory of anthropogenic global warming (AGW). (emphasis added)

  • Groupthink and the Global-Warming Industry by Jonah Goldberg on December 3, 2009.

    CRU scientists discuss with friendly outside colleagues, including Penn State University’s Michael Mann, how to manipulate the data they want to show the world, and how to hide the often-flawed data they don’t. (emphasis added)

  • Climategate: You should be steamed by Greg Pollowitz on January 4, 2010. “If only scientists had taken Dale Carnegie courses, the fraud and sloppy science of Climategate would never have happened. (emphasis added)”
  • Liberals and the Scientific Method by Mona Charen on February 12, 2010. The reference to Penn State in the following quote implies Mann’s involvement.

    The Climategate e-mails from Penn State and East Anglia University were not trivial revelations. They involved deception, intimidation, and manipulation of records by two of the leading research institutions whose data form the backbone of the U.N. Intergovernmental Panel on Climate Change. (emphasis added)

  • Liberty, Tyranny, and the Globe by Mark Levin on April 22, 2010. “The true believers used to cite Mann’s hockey-stick curve as conclusive evidence of man-made global warming. The graph has been demonstrated a fraud… (emphasis added)”
  • Global Warming — RIP? by Victor Davis Hanson on October 27, 2011. While Mann is not mentioned specifically, he was at the time and remains one of the world’s top climate scientists and is one of the, if not the, most investigated climate scientist as a result of Climategate. Thus this passage refers to Mann indirectly.

    Corruption within the climate-change industry explains some of the sudden turnoff. “Climategate” — the unauthorized 2009 release of private e-mails from the Climatic Research Unit in the United Kingdom — revealed that many of the world’s top climate scientists were knee-deep in manipulating scientific evidence to support preconceived conclusions and personal agendas.

  • Scientists Behaving Badly by Jim Lacey on November 28, 2011.

    Virtually the entire warmist edifice is built around a small, tightly knit coterie of persons (one hesitates to refer to folks with so little respect for the scientific method as scientists) willing to falsify data and manipulate findings; or, to put it bluntly, to lie in order to push a political agenda not supported by empirical evidence. (emphasis added)

    In fact, McIntyre’s work was crucial in proving that Mann’s infamous “hockey stick graph” — the heart of the United Nations’ IPCC-3 report — was a fraud.

Examples of Mark Steyn criticisms of Mann

  • Climate Science and the Peer-Review Consensus Forgery on November 30, 2009. Steyn criticizes Mann and Phil Jones of the Climatic Research Unit (CRU) for allegedly manipulating peer review in order to keep poorly refereed papers out of the IPCC, and Steyn agreed with a Wall Street Journal headline about forgery.
  • The science of global warming on December 3, 2009.

    The Settled Scientists have wholly corrupted the process of “peer review.” (emphasis added)

    Phil Jones, director of the CRU, writing to Michael Mann, creator (le mot juste) of the now discredited “hockey stick” graph… (emphasis original)

    Phil Jones and Michael Mann are two of the most influential figures in the whole “climate change” racket.

  • The emperor’s new carbon credits on December 17, 2009.

    The famous hockey stick graph created by Dr. Michael Mann played a critical role in persuading millions of people we’re all gonna fry…. It took two dogged Canadians, Steve McIntyre and Ross McKitrick, to demolish the hockey-stick fraud (emphasis added)”

In addition to these various examples, there are many more that are similar to the second-to-last NR example above – where Mann is not mentioned specifically, but where the “hockey-stick” is used as a proxy for Mann, or where groups of which Mann would be a member are accused of scientific misconduct such as data manipulation. Whether such examples are sufficient for a court order to be based upon them is beyond the purview of S&R’s investigation.

These lists are by no means exhaustive – they stop in 2011 as the articles published in 2012 and 2013 are dominated by those related to Mann’s lawsuit and NR/Steyn’s responses. There are likely many other examples published by NR and Steyn that are not included above. Regardless, however, the public record demonstrates that both NR and Steyn both had at least a three-year history of criticizing Mann both directly and indirectly before publishing the article that provoked Mann’s defamation lawsuit.

National Review and Mark Steyn were aware of Mann investigations’ results

The NR/Steyn motion for reconsideration also claimed that Judge Combs Greene’s logic was flawed. The motion to reconsider essentially argues that a) there is no evidence that NR/Steyn had ever called for an investigation, b) their awareness of the results of those investigations was not demonstrated in the Court Order, and thus c) there is no evidence of actual malice.

This line of argument is not only based on arguably false information, it’s also illogical. As mentioned above, Mann’s response to the NR/Steyn motion to reconsider provides five different examples, each of which could be interpreted as a call for an investigation into Mann’s conduct. But even if those examples are ultimately rejected by Judge Combs Greene, the NR/Steyn motion essentially argues that there is only one way that NR and Steyn could be aware of the details of the investigations’ results – if NR and Steyn had called for the investigations. Given the media coverage of each of the various investigations, this is an untenable claim to make for both NR and Steyn.

S&R investigated this claim as well and found that NR and Steyn were both aware of the investigations and were very likely aware of the investigations’ detailed results. As with above, the examples below include claims that have been investigated, in some cases repeatedly, and found to be without merit.

  • Climategate and the Scientific Elite by Iain Murray on May 26, 2010. “Few members of the public have accepted the findings of the inquiries exonerating the scientists; most dismiss them as whitewashes. (emphasis added)”
  • Climategate Continues by Andrew Montford and Harold Ambler on May 24, 2012.

    the specific issue of the suppressed record appears to have largely been passed over by the panel, and Briffa’s explanation, like so many others given to the Climategate inquiries, appears to have been accepted without question. (emphasis added)

    However, their machinations have only succeeded in bringing renewed attention to their questionable science and ugly behind-the-scenes shenanigans, reigniting hope that more complete and more independent investigations — on both sides of the Atlantic — will yet be performed. (emphasis added)

  • Senator Inhofe Discusses His Call for a DOJ Climategate Investigation by Greg Pollowitz on February 24, 2010. This is an excerpt of an interview of Senator James Inhofe (R-OK) by Neil Cavuto, excerpted extensively, including the following:

    [W]e have the minority report that we put together which shows that climate-gate, fixing the science, cooking the science, actually took place.

    We have it all documented. And people are being investigated right now (emphasis added).

  • ‘Climategate Inquiry Glosses Over the Facts’ by Greg Pollowitz on July 20, 2010. This is an excerpt from a commentary at the Washington Examiner by NR writer Iain Murray, and Murray’s quoted details, while arguably both cherry-picked and distorted, reveal that he was quite aware of the contents of all of the Climategate investigations:

    Yet the [UK Parliament] hearings did not include testimony from the most severe critics of the hockey stick graphic, such as Canadians Steve McIntyre and Ross McKitrick, who could have explained exactly why the e-mails did suggest impropriety.

    Yet Lord Oxburgh’s panel handed down a short report which did not examine the quality of the science at all. The panel simply reviewed a selection of CRU papers — selected by the UEA itself — and pronounced itself satisfied that the scientific process was fair and proper.

    The final review, conducted by former bureaucrat Sir Muir Russell, was compromised from the start. Its chief scientist, while purporting to be independent, was a former staff member of the CRU. Once again, it failed to interview the chief critics.This panel did not examine the other e-mails on the CRU server, as it was supposed to do.

  • Climategate Whitewash by Iain Murray on April 1, 2010. “Unsurprisingly, the U.K.’s parliamentary investigation into Climategate whitewashed the implications for climate science, although they did wag a disapproving finger at the University of East Anglia for being naughty about the Freedom of Information Act.”
  • The Climategate Graywash by Greg Pollowitz on July 12, 2010. This is a large excerpt from the Financial Post: “The third British investigation into the Climategate scandal — led by former civil servant Sir Muir Russell — amounts, at best, to a greywash.”
  • by Greg Pollowitz on February 10, 2010. This is a press release from Sen. Inhofe’s office:

    Penn State’s internal inquiry found further investigation is warranted to determine if Dr. Mann “engaged in, directly or indirectly, any actions that seriously deviated from accepted practices within the academic community for proposing, conducting or reporting research or other scholarly activities.”

    “As the University moves to the next phase of its investigation, I believe the Inspector General of the National Science Foundation should also commence an investigation to examine possible violations of federal laws and policies governing taxpayer-funded research.”

  • Lord Jones is Indisposed by Mark Steyn on December 2, 2009. “The reviled “skeptics” and “deniers” have forced Prof. Phil Jones in East Anglia to step down “temporarily” and prompted Penn State to investigate Prof. Michael Mann.”

These examples demonstrate that both NR and Steyn were aware of ongoing investigations, and that NR was certainly aware of the results of at least one of those investigations. Furthermore, it is not realistic to imagine that NR cultivated a culture where authors writing about the same subject (climate change/global warming) were so isolated from each other that they never discussed the results of the various investigations among themselves. As such, it is virtually certain that NR and Steyn were aware of the investigations’ results and thus cannot credibly claim ignorance of those same results.

S&R investigated three of the claims made in the National Review/Mark Steyn motion for reconsideration. Simple web searches demonstrated that two of the three claims investigated were clearly false, while a more in-depth investigation found that the third claim (that NR/Steyn had not called for investigations into Mann) was plausible. However, Mann’s legal response to the NR/Steyn motion for reconsideration addressed the third claim and argued that NR and Steyn had both called for investigations following the illegal publication of private emails known as Climategate. As would be expected, Mann’s legal response also addressed the various other claims that S&R did not investigate, such as NR/Steyn’s presentation of a new First Amendment-based argument for dismissal.

Generally speaking, judges react poorly to baldly stated and easily disproved false claims made in legal documents. While S&R’s reading of Judge Combs Greene’s original order finds no reason to believe that she will react any different to the NR/Steyn motion for reconsideration, only time will tell.

CATEGORY: PoliticsLawGovernment

DC Judge: Michael Mann’s defamation lawsuit against National Review, Competitive Enterprise Institute allowed to proceed

CATEGORY: PoliticsLawGovernmentOn October 22, 2012, climate scientist Michael Mann sued the National Review (NR), the Competitive Enterprise Institute (CEI), along with two writers, NR writer Mark Steyn and CEI writer Rand Simberg, for defamation. Mann’s lawsuit alleges that NR, CEI, Steyn, and Simberg’s (hereafter “the defendants”) allegations of scientific fraud and their comparisons of Mann to convicted Penn State child molester Jerry Sandusky were libelous. The defendants answered Mann’s lawsuit in court with motions to dismiss the lawsuit on the grounds that their claims of misconduct were protected opinion speech and not provably false, that Mann was a public figure, and that Mann’s lawsuit qualified as a SLAPP against their right to free speech. On July 19, 2013, DC Court Judge Natalia M. Combs Greene issued two orders that denied all the motions to dismiss the lawsuit and permitted Mann’s defamation lawsuit to proceed.

The first part of the motions to dismiss that Judge Combs Greene addressed was whether or not Mann would be able to reach the evidence standard required by the DC Anti-SLAPP Act. This law was created to protect defendants from what are known as SLAPP (Strategic Lawsuit Against Public Participation) lawsuits, and the DC law requires that the plaintiff (Mann in this case) be able to demonstrate a “likelihood” of winning before the lawsuit is allowed to proceed1. The defendants argued that the “likelihood” standard required a high probability or even 100% certainty of winning in order to not dismiss the lawsuit, but Judge Combs Greene rejected those arguments. Quoting precedent from California (upon which DC based its Anti-SLAPP Act), Judge Combs Greene found that Mann need only meet a “likelihood to succeed on the merits” by way of “proof by a preponderance [majority] of evidence.”

In order to determine whether or not Mann reached the “preponderance of evidence” threshold Judge Combs Greene first had to address the defendants’ claim that their various accusations of fraud and academic misconduct against Mann were merely “rhetorical hyperbole” and opinions. However, according to Supreme Court opinions referenced by Judge Combs Greene, this argument requires that the defendants’ accusations not be based on factual information that could be proved wrong using available facts. Judge Combs Greene ruled that claims like “hockey-stick deceptions,” “data manipulation,” and “intellectually bogus” work were, in reality, based on facts, and specifically “provably false” facts at that. Judge Combs Greene wrote that the “hockey stick deceptions” statement

goes beyond harsh debate or “rhetorical hyperbole.” Rather the statement questions facts – it does not simply invite readers to “ask questions.”

She also wrote that the “data manipulation” statement “relies on the interpretation of facts (the [CRU/Climategate] emails).”

Lest there be any question about Judge Combs Greene’s dim view of the defendants’ claims with respect to their accusations against Mann, she also wrote that

Given the dictionary definition as well as the common readers’ thought about the use of these words (fraud and fraudulent) the Court finds that these statement (sic) taken in context must be viewed as more than honest commentary-particularly when investigations have found otherwise. Considering the numerous articles that characterize [Mann’s] work as fraudulent, combined with the assertions of fraud and data manipulation, the [NR and CEI] Defendants have essentially made conclusions based on facts. Further, the assertions of fraud “rely upon facts that are provably false” particularly in light of the fact that [Mann] has been investigated by several bodies (including the EPA) and determined that [Mann’s] research and conclusions are sound and not based on misleading information….

The content and context of the statements is not indicative of play and “imaginative expression” but rather aspersions of verifiable facts that [Mann] is a fraud. At this stage, the Court must find that these statements were not simply rhetorical hyperbole. (emphasis added)

The defendants also claimed to be acting as journalists offering “fair comment” and “supportable interpretation,” both of which are protected speech under DC law. However, Judge Combs Greene found that these claims were untenable since DC law required that the defendants’ reporting be “fair and accurate” in order to qualify. Judge Combs Greene wrote that

Having been investigated by almost one dozen bodies due to accusations of fraud, and none of those investigations having found [Mann’s] work to be fraudulent, it must be concluded that the accusations are provably false. (emphasis added)

Claims that are provably false are, by definition, neither fair nor accurate.

Finally, the defendants asked Judge Combs Greene to dismiss Mann’s lawsuit because the First Amendment guaranteed them freedom of speech. However, as with all the rights defined in the Bill of Rights, freedom of speech is not without its limits even when dealing with a limited public figure like Mann2. Essentially, the Supreme Court has ruled that even public figures can sue for defamation when “actual malice” is involved. The examples of “actual malice” offered by Judge Combs Greene were making provably false accusations and making statements with reckless disregard for whether the statements are true or not.

Judge Combs Greene found that, while there was as yet sufficient evidence to demonstrate “actual malice,” there was a “strong probability” that the defendants “disregarded the falsity of their statements and did so with reckless disregard.” And so Judge Combs Greene found that there was sufficient evidence of “actual malice” to permit the lawsuit to proceed to the discovery process, where both Mann and the defendants must open up their emails and documents to the court and each other and where evidence of actual malice by the defendants might be uncovered.

After considering the arguments and reviewing the record, Judge Combs Greene denied the motions to dismiss Mann’s defamation lawsuit. She found that the CEI had lobbied for investigations into Mann’s scientific conduct yet continued to allege that his research was fraudulent even after a dozen independent investigations had cleared him of those allegations. She found that the NR had been aware of the results of the investigations and yet it too had continued to make provably false allegations. And while she didn’t find that the evidence presented had risen to the level of “actual malice,” she also said that it was entirely possible that the discovery process could turn up that evidence. By denying the motions to dismiss the lawsuit, Judge Combs Greene essentially said that Mann had presented a preponderance (majority) of evidence that he had been defamed by the defendants, and thus the lawsuit should proceed.

Mann’s lawsuit is proceeding. So long as there are no additional motions to dismiss3 or appeals of Judge Combs Greene’s orders, the next step is legal discovery. S&R will bring you updates in this case as they become available.

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1 SLAPPs have historically been a way to force public citizens and small organizations from criticizing large and powerful interests, but in this case the larger and more powerful organizations (NR and CEI) were claiming that the Act protected them from Mann’s claims of defamation.

2 Mann became a limited public figure as a result of political opposition to the conclusions of his original hockey-stick papers in 1998 and 1999 – that human activity had raised North American temperatures to the highest level in ~2000 years. Essentially, groups like the CEI and various Congressional Republicans didn’t like the fact that his scientific conclusions indicated that industrial climate disruption was unprecedented in the last several thousand years. The free speech argument put forth by CEI and NR was viable only because Mann had become a public figure due to the actions of CEI and their allies.

3 The National Review and Mark Steyn have filed another motion to dismiss based on what they allege are errors of fact made by Judge Combs Greene. S&R is in the process of reviewing the new motion and will be reporting on it soon.