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: PoliticsLawGovernment3

Lamar Smith wants politics to overrule scientific merit at the National Science Foundation

According to ScienceInsider, Representative Lamar Smith’s (R-TX) has circulated draft legislation that would change the National Science Foundation (NSF) grant award criteria. Instead of using “intellectual merit” and “broader impacts” criteria, the NSF would be required to consider three vague and politically expedient criteria instead. Specifically, ScienceInsider reports that the criteria would be as follows:

  1. “… in the interests of the United States to advance the national health, prosperity, or welfare, and to secure the national defense by promoting the progress of science;
  2. “… the finest quality, is groundbreaking, and answers questions or solves problems that are of utmost importance to society at large; and
  3. “… not duplicative of other research projects being funded by the Foundation or other Federal science agencies.”

At first blush, these seem reasonable, even if they’re slightly tighter than “the potential to advance knowledge” (aka “intellectual merit”) and “the potential to benefit society and contribute to the achievement of specific, desired societal outcomes” (aka “broader impacts”).

But ask yourself this – do you want any one political party defining what science qualifies as “in the interests of the United States?” Do you want Congress or the President deciding what is or is not “the finest quality” instead of intellectual peers via the process of peer-review? Do you want the NSF to refuse funding to a single researcher just because the Defense Advanced Research Project Agency (DARPA) or the United States Global Change Research Program (USGCRP) or the National Weather Service (NWS) is funding research on the same topic?

Taking climate research as an example, I don’t want President Obama cutting off Roy Spencer’s global temperature research because the USGCRP is funding similar research. Similarly, I don’t want a Republican representative from Texas refusing to fund the UGSCRP just because its climate disruption findings are politically annoying, while Spencer’s are more ideologically in-line with the Republican Party.

Science must inform politics, but for science to do that job, politics needs to be kept out of science as much as possible. As a funding agency, the NSF’s criteria are broad enough that they enable it to fund research while minimizing political interference. The NSF funds all sorts of things that believers of any particular ideology might find uncomfortable. And that’s the way it should stay.

CATEGORY: EnvironmentNature

Media Trackers writer ignorant of academia and climate issues, hypocritical regarding ethics

MT-FL_imgOn January 16, Alyssa Carducci published a story at Media Trackers-Florida in which she claimed that Michael Mann charges “$10,000 plus expenses for speaking fees.” Carducci went on to imply that greed was Mann’s reason for performing climate research and for speaking publicly about the reality of industrial climate disruption. However, Carducci’s reporting demonstrated that she lacks understanding of how much speaking engagements cost, how research grants actually operate, and of Steve Milloy’s well-documented history of being a “science denier for hire.” In addition, Carducci obtained her information by misrepresenting her affiliation when she contacted Mann’s agent to ask about Mann’s speaking fee, something that raises a number of questions about both Carducci and both Media Trackers – Florida and The Heartland Institute, where Carducci is an author for Environment & Climate News.

Scientists who are experts in their field often get paid for speaking to the public, whether that’s businesses or universities or general audiences. The more famous the scientist is, the more he or she gets paid. According to an article from 1996 in The Scientist, a “typical” speaking fee was about $2,000, although that varied widely from industry to industry and audience to audience. The same article reported that clinical researchers presenting to pharmaceutical companies could command between $5,000 and $15,000. And “famous authorities on science and medicine” could demand fees of $25,000 per lecture.

That was in 1996. If we adjust those values for inflation, that range changes to a typical fee of $3,000 to a maximum fee for “famous authorities” of about $37,000 per lecture.

According to this article in Outside Magazine online from 2007, MIT scientist and National Academy of Sciences member Richard Lindzen (who is also someone who denies that human industry is predominantly responsible for climate disruption) asks between $1,000 and $2,000 from non-corporate groups and between $5,000 and $10,000 from corporate groups. Presumably this is because corporate groups have deeper pockets than universities or community groups.

Mann is a famous scientist and a public figure. His name is arguably better known to the general public than Lindzen’s is, and as such he can command high speaking fees. And not incidentally, Carducci was claiming to be a representative of an industry group, not a university or community group. So the $10,000 she was quoted by Mann’s agent is not unreasonable given Mann’s fame and the expected audience.

Carducci also implied that Mann’s research grants were making him rich, writing that he brought about $7 million between 2006 and 2010 into Penn State’s research coffers. The problem is that no research grant, however large, makes scientists rich. There are rules in place at universities and imposed by the federal government (usually the National Science Foundation) that are designed specifically to prevent scientists from becoming rich with grant money (aka defrauding the grantor). Physical science professor Scott Mandia wrote two posts at his blog describing exactly how this works. Essentially, principal investigators have their salary reduced by some amount to account for the additional income from research grants.

Furthermore, as two S&R investigations found, Mann’s contributions to the overall Penn State research budget was essentially negligible and that scientists who were primarily motivated by greed would fare better working for fossil fuel-related industries.

Carducci also refers to science denier Steve Milloy as a “scientist” and implicitly rejects Mann’s claim that Milloy has been paid to manufacture doubt about the dangers of pesticides, second-hand smoke, etc. According to Sourcewatch, Milloy has a Bachelor of Arts in Natural Sciences and Master of Health Sciences in Biostatistics from from Johns Hopkins University. However, simply having a general science degree does not confer upon anyone the “scientist” moniker – only working scientists or one-time working scientists get to make that claim. A search of Google Scholar turned up no peer-reviewed papers written by Steven J. Milloy, and there is no evidence that Milloy has ever worked as a scientist.

There is a great deal of evidence that Milloy has been paid by the tobacco industry specifically to deny the dangers of second-hand smoke. According to Philip Morris documents stored by the Tobacco Legacy Project, Milloy’s group The Association for Sound Science Coalation (TASSC) was paid $480,000 in 1994 through Philip Morris PR company APCO International. TASSC was founded by Milloy in 1993 at the behest of APCO and Philip Morris. Before Milloy disbanded it, TASSC had a long history of denying the dangers of second-hand smoke.

And Milloy continues being paid to cast doubt upon scientific studies that identify risky products, most recently by pesticide maker Syngenta. In this case, the Center for Media and Democracy obtained court documents that showed Milloy had been paid $25,000 by Syngenta in 2008 to deny the risks of atrazine and that he’d asked for $15,000 in 2004. And one email clearly shows Milloy asking for Syngenta talking points that he can repeat in his weekly column.

After Mann posted his Facebook responses to her article, Carducci wrote that Mann was connected to Climategate along with several statements that implied he was guilty of misconduct. While everything she wrote was fastidiously factual, Carducci failed to mention that Mann was exonerated by two different Pennsylvania State University investigations and a subsequent National Science Foundation (NSF) investigation. So far as S&R was able to tell, Carducci has never before written about the details of Climategate or Michael Mann’s multiple exonerations, so it’s entirely possible that she is simply ignorant of the facts. However, writing about topics on which you know little is generally considered unwise in journalism.

As serious as her factual errors are, Carducci’s breach of journalistic ethics was much more serious. In order to obtain the $10,000 figure she quoted in her Media Trackers – Florida article, Carducci misrepresented her affiliation to Mann’s agent, Jodi Solomon of Jodi Solomon Speakers. According to Mann’s account of what happened on his Facebook page, Jodi Solomon Speakers logs every call and email they receive and “there is no record that Media Trackers was ever in touch with us. If they claim otherwise, they did so by misrepresenting themselves to us.” An update by Mann reported that Jodi Solomon had found Carducci’s phone call and that Carducci had “said she was from the Association of Air Conditioning Distributors in the state of Florida and she was helping to plan their upcoming event for 300-500 people (emphasis added).”

S&R contacted Jodi Solomon in order to confirm that what Mann wrote on his Facebook page was correct. Solomon confirmed that Mann’s quotes were accurate of statements she had made with regard to Carducci and Media Trackers.

S&R also tried to ask Media Trackers-Florida for comment via their website, but there is no list of who is associated with the organization and no contact information. S&R asked for comment via the Media Trackers – Florida Facebook page but had received no response by publication time. However, given the behavior of the original Media Trackers organization as documented by PR Watch and Sourcewatch, it is not likely that S&R’s request for comment will be answered.

Image (1) heartland-tweaked-300x173.jpg for post 41844Carducci’s unethical misrepresentation of her affiliation with Media Trackers – Florida raises a number of other questions given that she is also associated with The Heartland Institute. While Carducci has been writing for Media Trackers – Florida since October, 2012, she’s been writing for Heartland’s Environment & Climate News (E&CN) periodical and the Heartlander zine since at least March 2009. Furthermore, she works with James M. Taylor, editor of E&CN, who has been with Heartland since 2002 and who has been one of Media Trackers – Florida’s most prolific posters since they started up in March 2012. In fact, since June 2012 there have essentially been only three authors responsible for all of Media Trackers – Florida’s content, and two of them are also associated with The Heartland Institute.

Heartland faced a similar situation last year when Peter Gleick misrepresented himself as a board member to gain access to confidential documents and then revealed that information. Carducci certainly knew about “Fakegate,” yet she still chose to misrepresent herself to Solomon and to publish what she acquired through unethical means. This indicates that Carducci represents another example of hypocrisy at The Heartland Institute, an organization that makes a habit of being hypocritical about a great many things. Just on the issue of misrepresenting one’s associations, someone from Heartland called Greenpeace activist Cindy Baxter during the 2007 Bali climate conference, and three days later Heartland later press release that contained the recorded audio of the phone call.

S&R contacted The Heartland Institute for comment but they had not responded by publication time.

While Carducci’s behavior is an example of The Heartland Institute’s habit of hypocrisy, misrepresenting herself is unethical regardless of her affiliations. But nearly as bad as her breach of ethics was the fact that she reported on topics that she clearly knew little or nothing about, such as speaking fees, research grants, and Climategate. Carducci would do well to apply the journalism adage “write what you know” to her own reporting.

Christopher Horner is demonstrably wrong

On October 24, Christopher Horner of the Competitive Enterprise Institute (CEI) wrote a guest post at Wattsupwiththat.com commenting on the recently announced defamation lawsuit by Michael Mann against the CEI, The National Review, and two of the organizations’ authors.

Among Horner’s many questionable claims was one that is undeniably wrong. Specifically, Horner incorrectly claims that an investigation conducted by the Office of the Inspector General (OIG) of the National Science Foundation was not independent of prior Pennsylvania State University investigations. The investigations were into whether or not Michael Mann was guilty of academic misconduct and both investigations found that he was innocent of the charges made by his many critics.

Horner specifically wrote the following at Wattsupwiththat:

The National Science Foundation purported to inquire, as well, but worked from what PSU provided it. So much for that.

This is demonstrably false, as anyone who has read the NSF Closeout Memorandum knows. While the OIG began their investigation with the information provided by Penn State, the OIG had the authority to probe beyond that information if they felt additional investigation was warranted. The OIG felt that, with respect to three of the four allegations against Mann, the Penn State investigation had been sufficiently thorough. However, the OIG felt that Penn State did not examine the first allegation – falsifying research data – in enough detail and so the OIG conducted its own independent investigation:

In particular, we were concerned that the University did not interview any of the experts critical of the Subject’s research to determine if they had any information that might support the allegation. Therefore, we initiated our own investigation under the NSF Research Misconduct Regulation. Pursuant to that regulation, we did not limit our review to an allegation of data falsification. Rather, we examined the evidence in relation to the definition of research misconduct under the NSF Research Misconduct Regulation. (emphasis added)

Furthermore, while this independent investigation did review the information provided by Penn State, it went beyond that:

As a part of our investigation, we again fully reviewed all the reports and documentation the University provided to us, as well as a substantial amount of publicly available documentation concerning both the Subject’s research and parallel research conducted by his collaborators and other scientists in that particular field of research.

As part of our investigation, we attempted to determine if data fabrication or falsification may have occurred and interviewed the subject, critics, and disciplinary experts in coming to our conclusions. (emphasis added)

As a result of this independent investigation, the OIG found that “There is no specific evidence that the Subject falsified or fabricated any data and no evidence that his actions amounted to research misconduct. (emphasis added)”

Steve McIntyre, one of Mann’s critics, admitted at Climate Audit that he had been interviewed by the OIG. Since the original Penn State inquiry and investigation did not interview McIntyre, McIntyre’s own comments provide independent confirmation that the OIG’s investigation went beyond the information provided to the OIG by Penn State.

S&R conducted a thorough investigation of Chris Horner’s public statements, reading through every Mann-related editorial written by and citation of Horner since the publication of the OIG closeout memo in August 2011. While S&R found examples of Horner making the same erroneous claim he made at Wattsupwiththat, we found no examples conclusive demonstrating that Horner had actually read the results of the OIG investigation.

If Horner has read the results, then he must be aware that his claim is false. If Horner hasn’t read the results, then he is spreading false rumors. Regardless of which option is the correct one, there is no doubt that Horner’s claim is wrong, and as a result he must correct his written record a soon as possible.

Climate scientist Michael Mann sues Competitive Enterprise Institute, National Review

Comparison of Mann’s original hockey stick to recent reconstructions confirming the basic accuracy of the original (AGU)

On October 22, climate scientist Michael Mann sued for defamation the Competitive Enterprise Institute (CEI), The National Review (TNR), and two writers associated with the two organizations. The lawsuit is regarding accusations made by Rand Simberg of the CEI and Mark Steyn of NRO that Mann had committed academic and scientific fraud and for comparing Mann to convicted child molester Jerry Sandusky. Mann announced the lawsuit on his Facebook page. Mann and his attorney, John B Williams of the law firm Cozen O’Connor, originally demanded that the CEI and TNR retract their original articles under threat of a lawsuit, but both organizations refused to do apologize for or retract the articles.

The first article, written by Rand Simberg of the CEI, originally claimed that

Mann could be said to be the Jerry Sandusky of climate science, except that instead of molesting children, he has molested and tortured data in the service of politicized science that could have dire economic consequences for the nation and planet.

To the CEI’s credit, the editors removed this sentence and another they identified as “inappropriate” shortly after the article was published. But other of Simberg’s claims were identified by Mann’s attorney, John B Willams as defamatory, specifically claims that Mann engaged in “data manipulation” and “academic and scientific misconduct” that was supposedly exposed by the illegally published “Climategate” emails.

Simberg and the CEI refused to retract the article, writing in their response that they “reject the claim that [Mann's research] was closely examined, let alone exonerated, by any of the proceedings listed” in the retraction demand. Myron Ebell, in another part of the statement linked above, continued his criticism of the Penn State investigation even though the National Science Foundation (NSF) independently conducted a second investigation that interviewed Mann’s critics and yet reached the same conclusions as the Penn State investigation.

Simberg’s original article has more than just inappropriate comparisons and possibly defamatory rhetoric. It also has a number of errors in fact, including one regarding a quote taken from S&R’s own reporting. First, Simberg incorrectly claims that Penn State “didn’t bother to interview anyone except Mann himself.” The Penn State investigation was broken down into two phases, an inquiry and an investigation. It’s true that inquiry phase did not interview of Mann’s critics, but it did interview Gerald North, lead author of the 2006 National Research Council report that cleared Mann of any misconduct regarding his hockey stick papers, and Donald Kennedy, former editor of the journal Science. The investigation phase interviewed other subject matter experts but also included one of Mann’s critics, specifically Richard Lindzen of MIT – one of the people that Simberg himself contacted for comment on his article.

Second, Simberg quotes from an S&R report on the NSF investigation, NSF confirms results of Penn State investigation, exonerates Michael Mann of research misconduct. But Simberg mistakenly refers to the National Science Foundation Office of the Inspector General (OIG) as the National Academy of Science (NAS), a significant error. Furthermore, Simberg quote S&R’s report and neglects to mention that the very next paragraph contradicts his own point. Specifically, Simberg claims that “the NAS (sic) investigation relied on the integrity of the university to provide them with all relevant material, and was thus not truly independent (emphasis added).” The following section of the S&R report illustrates Simberg’s error – Simberg’s quote and emphasis is in italics/bold, the rest of the quote is original from the article linked above:

The OIG also independently reviewed Mann’s emails and PSU’s inquiry into whether or not Mann deleted emails as requested by Phil Jones in the “Climategate” emails (aka Allegation 2). The OIG concluded after reviewing the the published CRU emails and the additional information provided by PSU that “nothing in [the emails] evidenced research misconduct within the definition of the NSF Research Misconduct Regulation.” Furthermore, the OIG accepted the conclusions of the PSU inquiry regarding whether Mann deleted emails and agreed with PSU’s conclusion that Mann had not.

The OIG did conclude that PSU didn’t meet the NSF’s standard for investigating the charge of data falsification because PSU “didn’t interview any of the experts critical of [Mann's] research to determine if they had any information that might support the allegation.” As a result, the OIG conducted their own independent investigation, reviewing both PSU’s documentation, publicly available documents written about Mann and his co-researchers, and “interviewed the subject, critics, and disciplinary experts” in reaching their conclusions. (emphasis in second paragraph added)

Finally, Simberg implied that Penn State was more interested in the grant money that Mann had brought into the university than it was in investigating Mann, going so far as to claim that “Michael Mann, like Joe Paterno, was a rock star in the context of Penn State University.” S&R reviewed this allegation in detail in 2010, finding that Mann was responsible for only $4.2 million in grants between 2006 and 2009. Over the same period, Penn State made over $2.8 billion in research grants, and the Penn State football program made $160 million in profits on revenues of $280 million. Compared to the aggregate research grants or the direct profits brought in by Paterno, Mann’s research grants are small potatoes.

While Penn State was apparently willing to trash its good reputation for the public face of the university – the Nittany Lions football team – it would not have any reason to risk embarrassment over a few million dollars brought in by a controversial scientist. Risking the academic reputation of the university would threaten that $2.8 billion in research grants, and no-one would risk that for any single researcher, even one with Mann’s reputation. Quite the opposite – Mann’s reputation could be a drag on research grants, so if anything, Penn State was biased against Mann during the course of the inquiry and investigation.

The second article was written by Mark Steyn of TNR. It referenced the CEI post (complete with the “molested data” sentence that the CEI removed as “inappropriate”) and described Mann’s work as “fraudulent.” As with the CEI, TNR refused to retract the blog post or apologize for comparing Mann to Jerry Sandusky.

Steyn’s own article, short as it was, made some of the same mistakes that Simberg’s did. As an example, Steyn wrote that the Penn State investigation was “a joke,” yet the NSF disagreed. However, Steyn also made a mistake that Simberg did not – Steyn claimed that former Penn State president Grahm Spanier investigated Mann, yet the documentary evidence demonstrates that Spanier was not involved in the Mann investigation – the inquiry committee was composed of William Easterling (Dean of the College of Earth and Mineral Sciences), Alan Scaroni (Ass. Dean for Graduate Education and Research in the College of Earth and Mineral Sciences), Candice Yekel (Director of the Office for Research Protections), William Brune (Head of the Department of Meteorology), Eva J. Pell (then Senior Vice President for Research), and Henry C. Foley (Vice President for Research and Dean of the Graduate School). The investigation committee was composed of Sarah M. Assmann (Professor in the Dept. of Biology), Welford Castleman (Evan Pugh Professor and Eberly Distinguished Chair in Science in the Depts. of Chemistry and Physics), Mary Jane Irwin (Evan Pugh Professor in the Dept. of Computer Science and Electrical Engineering), Nina G. Jablonski (Department Head of the Dept. of Anthropology), Fred W. Vondracek (Professor in the Dept of Human Development and Family Studies), and the aforementioned Candice Yekel as the Research Integrity Officer. None of these individuals has been compromised by the Sandusky scandal.

As the lawsuit announcement points out, Mann has been repeatedly cleared of charges of academic misconduct by multiple different organizations ranging from the National Science Foundation in 2011 to the Pennsylvania State University in 2010 to the National Research Council back in 2006. And while the multiple “Climategate” investigations may not have mentioned Mann directly, none of them found any evidence of scientific misconduct on behalf of any of the scientists whose private emails were illegally published, including Mann’s.

Simberg wrote in the comments to his article that he felt Mann would not sue because “the last thing that Mann wants to do is go under oath with a discovery process.” Rich Lowry, editor of TNR, wrote that a lawsuit would result in Mann going “to great trouble and expense to embark on a losing cause that will expose more of his methods and maneuverings to the world.” The discovery process is when lawyers go through the opposition’s emails and documents to discover what is and is not true, and both Simberg and Lowry clearly believe that Mann has more to lose in that process than either of them do.

Mann’s work and private correspondence has been investigated repeatedly and thoroughly over the last decade. As a result, Mann has little to lose in this kind of lawsuit – unless he truly is guilty of the very misconduct of which his critics accuse him. On the other hand, the National Review and especially the Competitive Enterprise Institute stand to lose much more in the discovery process – donor lists could be exposed, private communications among the climate disruption denial community could be published, and so on.

That Mann chose to move forward with his lawsuit even knowing that his emails and documents would become public should give the CEI, TNR, and their various ideological allies pause. For even if Mann fails to win his defamation claim, this lawsuit could result in the kind of exposure for climate disruption denying organizations and individuals that the tobacco litigation did for Philip Morris, the Tobacco Institute, et al.

Time will tell.

NOTE: S&R has obtained a copy of the legal complaint and will publish its analysis of the document following a review. We’ll also continue to bring you updates and analysis of this story as it develops.

DC Superior Court Case number: 2012 CA 008263 B

Heartland Institute attacks critics, still refuses to apologize for Unabomber billboard

Part six of a series.

When The Heartland Institute pulled down their billboard comparing actual climate realists to terrorist Ted Kaczynski, Heartland president Joseph Bast published a brief press release explaining why he ran the advertisement. At the end of the largely unrepentant release, Bast wrote “We do not apologize for running the ad.” Since then, Bast and James M. Taylor, managing editor of the Heartland periodical Energy and Climate News, have gone on the attack instead of apologizing for making a dishonest comparison.

However, the new attacks are just as dishonest, deceptive, and hypocritical as the original billboard and its accompanying essay were. Continue reading

Heartland Institute billboard continues a long pattern of dishonesty

Update 5/15/2012: On either May 13th or 14th, The Heartland Institute moved the “Our Billboards” essay and an associated press release from the website associated with Heartland’s seventh International Climate Change Conference to the Press Releases portion of the main Heartland website. The essay was also renamed from “Our Billboards” to “‘Do You Still Believe in Global Warming?’ Billboards hit Chicago.” In addition, both documents have been backdated to May 3rd and 4th, the dates when they were published at their original home. The original link remains in the original post below, but the new links have been added here: “Our Billboards” essay and the billboard take-down press release.. In addition, Heartland president Joseph Bast has been identified as the author of the essay.

Part three of a series.

When The Heartland Institute launched their perverse billboard comparing climate realists to the Unabomber Ted Kaczynski, they published an accompanying essay titled Our Billboards.” The essay continues their long history of dishonesty by repeating well-known errors as if they were true. In the process, Heartland demonstrates that they are being dishonest about Climategate, about the state of climate science and the IPCC, and even about Ted Kaczynski’s own views about human-driven climate disruption. Continue reading

Zombie climate emails rise again (updated)

See update at the end

If you follow climate news, you’re probably already aware that someone has illegally published another 5000 climate emails, probably from the original “Climategate” hack from two years ago. S&R is following the story and will publish a more in-depth analysis as we learn more. However, we feel it’s important to point out the following key facts about the original emails and their subsequent investigations:

Continue reading

Mann's critics not appeased by NSF investigation, extend unfounded "whitewash" accusations to NSF itself

Third in a series.

When the Pennsylvania State University (PSU) cleared Michael Mann of multiple “Climategate”-related allegations made against him, Mann’s critics cried foul. Since a National Science Foundation Office of Inspector General (OIG) report cleared Mann of research misconduct and concluded that PSU had adequately investigated Mann itself, however, many of those critics have been publicly silent about how their attacks were misplaced. In other cases, critics have instead directed new criticisms at the NSF instead of accepting Mann’s innocence or retracting their misplaced condemnations of PSU’s investigation.

In an “exclusive” for Fox News back in April, 2010, Ed Barnes wrote that the illegally published CRU emails “cast fresh doubt on Mann’s methodology and integrity” and that the PSU inquiry which exonerated Mann of those doubts was criticized for failing to inquire. Continue reading

NSF clears Mann of misconduct implications made by Sen. Inhofe (updated)

Second in a series.

[See update to the conclusion below]

In February, 2010, Pennyslviania State University (PSU) cleared Michael Mann of three allegations of research misconduct (and cleared him of the fourth in July 2010). In response, Senator James Inhofe (R-OK), Ranking member of the Senate Environment and Public Works Committee wrote a letter in February, 2010, to the National Science Foundation’s Office of Inspector General (OIG) asking them to conduct their own, independent investigation of Professor Michael Mann. Inhofe requested two specific things – that the OIG look into supposed research misconduct according to the NSF’s definition instead of PSU’s, and that the NSF determine whether or not Mann had violated the Freedom of Information Act (FOIA), information quality guidelines, the Federal False Claims Act, and/or the Federal False Statements Act.

On August 15, 2011, the OIG closed the investigation after concluding that there was no specific evidence that Mann had violated any of the rules, regulations, or laws Inhofe asked about. Continue reading

NSF confirms results of Penn State investigation, exonerates Michael Mann of research misconduct

First in a series

As a result of the illegal publication of CRU climate emails, the Pennsylvania State University (PSU) conducted an inquiry and investigation into allegations of research misconduct by Professor Michael Mann. The University exonerated Mann of all four allegations in July 2010, but the National Science Foundation Office of Inspector General (OIG) reviews such investigations for completeness and correctness. On August 15, 2011, the OIG released the results of their own review, agreeing with all of the conclusions of the PSU investigation and subsequently acquitting Mann of all the allegations of research misconduct made against him.

PSU published the results of an their internal investigation into alleged research misconduct by climatologist Michael Mann on July 1, 2010. As S&R reported, the university’s conclusions were that Mann did not falsify data over the course of his research, that he did not destroy any emails in possible breach of the Freedom of Information Act, that he did not misuse his position or abuse confidentiality agreements, and that he did not deviate from accepted practices of conduct for his field. Continue reading

How to tell who’s serious about reducing the federal deficit

The federal deficit is a major topic of conversation these days, both in the media and around the nation’s water coolers and copiers. In fact, many freshmen Republican Representatives and Senators believe that they have been sent to Congress specifically to shrink the deficit and the related national debt. But it’s become clear to me from reading and having multiple discussions about the deficit that not everyone is serious about actually addressing the problem. Sure, most citizens think they’re serious about eliminating the deficit, but because they don’t have any clue about the scale of the actual problem, they offer up “solutions” that aren’t even tenth-measures, never mind half-measures. And given the positions of the political parties and various politicians, it’s difficult to see how they might even think that their positions amount to a serious attempt to eliminate the deficit.

So how can we tell whether someone is serious about addressing the federal debt? Continue reading

Experts say alleged PSU cover up of Mann misconduct "extremely unlikely"

On February 3, an official Pennsylvania State University (PSU) administration inquiry into four allegations of research misconduct against Dr. Michael Mann found that three of the four allegations were without merit. The fourth allegation was referred to a investigation committee because the administrators concluded that PSU faculty were more qualified to rule on the fourth allegation than were the administrators.

Shortly thereafter, PSU started being accused of risking its reputation by “whitewashing” the inquiry with a cover up designed to protect Dr. Mann. The accusations came in form of press releases from think tanks, blog posts from media pundits, as well as some traditional media outlets. A typical example was the Fox News report that Republican Represntative Darrell Issa had called for freezing all federal grants to PSU and Mann until PSU “settled all the charges” against Mann, suggesting that perhaps money was the reason that PSU was allegedly covering up Mann’s supposed research misconduct.

S&R decided to investigate the “whitewash” claims to determine if they had any substance. Here’s what we discovered. Continue reading

The Weekly Carboholic: Devil in the ACES details – fossil fuel industry pork

carboholic

ccs

In any legislation that’s nearly 1000 pages long, it’s inevitable that there will be some interesting details. The American Clean Energy and Security Act (ACES) is no exception. Last week, Solve Climate reported on one of those interesting details, namely that ACES has a $50 million per year “self-assessment” that directly benefits the coal and other fossil fuel industries.

According to the article, the direct benefit comes down to the creation of a federal Carbon Storage Research Corporation that is funded by per-kilowatt charges on electric bills instead of a tax on fossil fuel-burning utilities. Continue reading