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.

The 2011 Climate B.S.* of the Year Awards (corrected)

[*B.S. means “Bad Science.” What did you think it meant?]

by Peter H. Gleick
Crossposted at Forbes and Huffington Post. To see S&R’s climate-related posts, click here

[Correction: Katharine Hayhoe was misidentified as a Republican in the original post at Forbes and HuffPo. This has been corrected below.

Peter Gleick updated the original posts at HuffPo and Forbes and removed Ben Webster from the Second Place text. S&R has updated this post to bring it in line with Gleick's update.]

The Earth’s climate continued to change during 2011 – a year in which unprecedented combinations of extreme weather events killed people and damaged property around the world. The scientific evidence for the accelerating human influence on climate further strengthened, as it has for decades now. Yet on the policy front, once again, national leaders did little to stem the growing emissions of greenhouse gases or to help societies prepare for increasingly severe consequences of climate changes, including rising temperatures, changing rainfall patterns, rising sea-levels, loss of snowpack and glaciers, disappearance of Arctic sea ice, and much more.

Why the failure to act? In part because climate change is a truly difficult challenge. But in part because of a concerted, well-funded, and aggressive anti-science campaign by climate change deniers and contrarians. Continue reading

How much context is in the Climategate emails? (updated)

Given the release of a second batch of hacked emails yesterday, S&R decided to pull this analysis from 2010 back to the front. The conclusions reached in this analysis are as applicable to the emails published in 2011 just as much as they are to the original emails from 2009.

It is impossible to draw firm conclusions from the hacked documents and emails. They do not represent the complete record, and they are not a random selection from the complete record.
– Dr. Timothy Osborn, Climatic Research Unit (source)

After several hundred hours of studying the emails and looking at their references, I have no hesitation in stating that, to my satisfaction, the system is rotten to the core and has been from the start.
– Geoff Sherrington, former corporate geologist, (source)

According to Osborn, there is not sufficient context to understand the “true” story behind the published Climatic Research Unit emails and documents. However, according to Sherrington, the emails and references contained therein provide all the context needed in order to conclude that climate change research is complete hogwash. Reality lies somewhere on a continuum between these two extremes – the question is where.

S&R set out to determine whether the published CRU emails provided enough context for the public to condemn or vindicate the scientists involved. After investigating three primary options and reading a key study, S&R has concluded that the emails do not themselves contain sufficient context to understand what really happened in climate science over the last 13 years. 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

Milloy proves he's either incompetent or a liar in latest op-ed

In his Washington Times op-ed titled 2012 GOP guide to the climate debate,” commentator Steve Milloy made a large number of claims that are demonstrably wrong – 18 at last count. But one of his claims relating to the illegal hack and release of climate scientists’ emails dubbed “Climategate” casts a shadow over all the others. Milloy wrote that “[n]o input from skeptics, even those mentioned in the emails, was included” in the “Climategate” investigations. However, Milloy’s own prior writings on the topic demonstrate that his statement in the Washington Times op-ed is false.

On July 14, 2010, Milloy wrote a commentary for The Daily Caller titled “Penn State’s integrity crisis.” In the commentary, Milloy wrote that “[o]f the five additional interviews conducted, four were of Mann’s fellow alarmists. The lone climate skeptic interviewed was MIT professor Richard Lindzen.” Continue reading

Final CRU email review considers, overwhelmingly rejects critics’ accusations of misconduct

As a result of the unauthorized publication of nearly 1100 private emails from the Climatic Research Unit (CRU) in November, 2009, five separate inquiries were empaneled to look into whether or not the CRU researchers had committed research misconduct, broke Freedom of Information laws, or inappropriately biased the results of the IPCC Fourth Assessment Report (AR4) published in 2007. All four of the other reviews, two by Pennsylvania State University, one by the UK Parliament House of Commons Science and Technology Committee, and one by Lord Oxburgh of the Royal Society, concluded that the CRU scientists had not engaged in either scientific misconduct or the manipulation of the peer review process, although one inquiry found that the scientists hadn’t been as open with their data and methodologies as they should have been.

The last of the five reviews, the Independent Climate Change Email Review (ICCER), published its findings on July 7, 2010. In general terms, the ICCER found that the CRU scientists’ “rigor and honesty” were not in doubt and that there was no “evidence of behavior that might undermine the conclusions of the IPCC assessments.” However, the ICCER found that there was a “consistent pattern of failing to display the proper degree of openness” with respect to sharing data. These broad conclusions largely agree with the conclusions of all four of the other inquiries. Continue reading

PSU investigation clears Michael Mann of final research misconduct charge

When the CRU emails were published, Pennsylvania State University (PSU) received many emails and letters accusing paleoclimate researcher Dr. Michael Mann of various types of research misconduct. PSU assembled the various informal accusations into a set of four allegations and began an internal investigation into Mann’s activities. Three of the four allegations were dismissed by the preliminary inquiry on February 3, but the inquiry concluded that the existing panel lacked the expertise to make a judgment on the last allegation and empaneled a faculty investigation. That investigation released its conclusions yesterday, finding unanimously that:

Dr. Michael Mann did not engage in, nor did he participate 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.

Continue reading

Climategate accusations shrivel under the glare of multiple investigations

For the second time in two weeks, an investigation has found that there was neither a conspiracy to deceive the public nor any scientific misconduct present in the scientific research of the scientists of the Climatic Research Unit (CRU) at the University of East Anglia (UEA). These scientists were at the center of the controversy created by the Climategate email theft.

The House of Commons Science and Technology Committee tasked itself with investigating what the MPs considered critical points, namely whether the scientific work of the CRU scientists was transparent and open, whether CRU had committed scientific misconduct, and whether the CRU committed any breaches of the UK’s Freedom of Information (FOI) law. In order to address each of these key concerns, the Committee collected a significant number of statements as evidence and looked into the various specific accusations made in those statements.

What the Committee found was that there were a few problems and a widespread disregard for FOI in the wider University culture, CRU’s research was reasonably transparent and free of obvious scientific malpractice. 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

Three of four misconduct allegations against Michael Mann found to be without merit (updated)

Update: I’ve added a few more examples of spin and accusations of bias against PSU as well as some good reporting examples that were not posted as of last night.

After the CRU emails were released in November, 2009, there was widespread accusations of misconduct against most of the scientists mentioned in the emails. Today, the Penn State University (PSU) inquiry committee investigating accusations made against Dr. Michael Mann publicly released its findings. The committee found that, with respect to the most serious three accusations out of four, “there exists no credible evidence” that Mann had committed research misconduct. The inquiry committee empaneled an investigation committee to look into the last accusation – that Mann had “seriously deviated from accepted practices within the academic community” – because they could make a determination about this and because

Only with such a review will the academic community and other interested parties likely feel that Penn State has discharged its responsibility on this matter.

Continue reading

It's Climategate 2.0! (…not)

In December, the Goddard Institute for Space Sciences (GISS) published over 200 pages of internal emails as required by a Freedom of Information Act (FOIA) request by the Competitive Enterprise Institute (CEI). The emails involved how the GISS handled responding to a number of requests for information, data, and code from Steve McIntyre, founder of the climate disruption-denier website ClimateAudit.org. Clearly there was no metaphorical “smoking gun” in the emails, because the CEI didn’t crow about a likely Climategate 2.0 following the emails’ release.

However, today it appeared that Judicial Watch and number of large climate denier blogs didn’t get the memo. Continue reading