See if you can find the 'legal threat' to David Karoly

Steve McIntyre has posted his letter to David Karoly regarding Karoly’s book review, covered by WUWT here. Karoly responds with a suggestion he’s been given a ‘legal threat’. After reading McIntyre’s letter, I’m reminded of the non-existent death threats towards climate scientists in Australia…because I sure can’t find any legal threat from Steve. Maybe David Appell can use his superior death threat knowledge to pinpoint this. /sarc

Steve McIntyre writes: 

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I learned of this article from a CA reader here. Karoly’s slagging seemed particularly cheeky given the role of Climate Audit in the recent withdrawal of Gergis et al 2012, of which Karoly was a coauthor and this prompted me to respond:

Dear Dr Karoly,

It has come to my attention that you have made the following untrue and defamatory statement about me (https://www.australianbookreview.com.au/feature-articles/1063-343-features-karoly):

Commentators with no scientific expertise, ranging from politicians such as Republican congressman Joe Barton from Texas, Virginia Attorney General Ken Cuccinelli, or Republican Senator James Inhofe from Oklahoma, to blog writers Stephen McIntyre and Marc Morano, have repeatedly promulgated misinformation and sought to launch formal investigations into Mann’s research, claiming professional misconduct or worse, even though it had been peer reviewed and confirmed by other scientists

I try to write accurately and, to my knowledge, have not “promulgated misinformation” about Mann’s research, let alone done so “repeatedly”. Together with coauthor Ross McKitrick, I published criticism of Mann’s work in the same peer reviewed journal as Mann et al 1999. We published these criticisms in good faith. In my opinion, not only have the specific criticisms not been refuted in subsequent commentary, but, if anything, our findings have been confirmed even by adversaries. For example, our finding that the verification r2 of the Mann et al reconstruction was not only not significant but ~0 was confirmed by the very adversarial Wahl and Ammann article. While some topics remain in controversy, I note that neither the National Research Council Report nor the Wegman Report in 2006 identified any errors in our work; that the Wegman Report, in particular, strongly endorsed our work and that Gerald North, the Chairman of the National Research Council report, when asked, stated that he agreed with the conclusions of the Wegman Report. While such endorsements do not ensure that our findings are correct (though I believe our findings to be correct), the failure of these panels to explicitly identify errors speaks strongly against your allegation of promulgating “misinformation”.

Obviously, I have also commented extensively at Climate Audit, but always try to be accurate and to correct any errors when pointed out. I request that you either provide me forthwith with specific examples of the “misinformation” that you allege that I’ve promulgated or withdraw the allegation with an apology.

Your recent experience with Gergis et al 2012 should have demonstrated to you that “peer review” by an academic journal is hardly a guarantee of the validity of results, let alone assurance that authors have even implemented their claimed methodologies. I further observe in this connection that your public statement in connection with the withdrawal of Gergis et al 2012 did not include any acknowledgement of Climate Audit’s role in identifying the error in Gergis et al. Your public statement was:

An issue has been identified in the processing of the data used in the study, “Evidence of unusual late 20th century warming from an Australasian temperature reconstruction spanning the last millennium” by Joelle Gergis, Raphael Neukom, Stephen Phipps, Ailie Gallant and David Karoly, accepted for publication in the Journal of Climate. The authors are currently reviewing the data and methods. The revised paper will be re-submitted to the Journal of Climate by the end of July and it will be sent out for peer review again.

It is evident that the error had not been discovered by the authors or by peer reviewers at the time that Climate Audit raised the issue of screening procedure in Gergis et al on May 31, 2012 here, a discussion that quickly identified the error. I do not believe that you identified the error independently of the discussion at Climate Audit and accordingly it is my opinion that your failure to acknowledge Climate Audit in your public statement constitutes the use of ideas and/or work derived from Climate Audit without the appropriate acknowledgement.

Yours truly,

Stephen McIntyre

Rather than defend the allegations in his article by providing examples of “promulgating misinformation”, Karoly removed the article ( a copy is here) though he didn’t apologize.

I’m surprised that the matter didn’t end there. But rather than leave well enough alone, Karoly has now charged that I had made a “threat of legal action” as follows:

This is a very welcome initiative [funding litigation by climate scientists]. The threats of legal action and FOI requests are not just occurring in North America. In Australia, I have just received a threat of legal action from Steve McIntyre in Canada and am currently dealing with 6 different FOI requests.

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pouncer
July 14, 2012 8:36 am

I commented at CA that I see Karoly having over-construed the word “defamatory” in a legal viewpoint. I’d wish Mr McI. would help avoid confusion, in future, by avoiding such terminology.
That said, Karoly does not impress me with his courage. If he believed his statement about blogers to be true, he should have refused the request to retract. If he believed CA’s objection valid enough to retract, he should also have had honor enough to apologize. Retraction followed by whines about lawsuits is, in my opinion. evidence of a cowardly personality.
If Dr Karoly wants to sue ME for defaming HIM as a coward, let the record show my remark is uttered as an opinion, based on a reasonable interpretation of the facts in evidence, upon a matter of public interest, without malice, in a nation that takes “free speech” more seriously than any other on Earth.
Lawsuit? Bring it on.

Craig
July 14, 2012 8:41 am

In the opinion of this former paralegal, the “legal threat” is this phrase: “your failure to acknowledge Climate Audit in your public statement constitutes the use of ideas and/or work derived from Climate Audit without the appropriate acknowledgement.” Not really a “threat”. They just have to have something to use as a distraction from the real issues.

DavidA
July 14, 2012 8:43 am

He’s playing the victim card. Happens a lot here.

David, UK
July 14, 2012 8:48 am

pouncer says:
July 14, 2012 at 8:36 am
If Dr Karoly wants to sue ME for defaming HIM as a coward, let the record show my remark is uttered as an opinion, based on a reasonable interpretation of the facts in evidence, upon a matter of public interest, without malice, in a nation that takes “free speech” more seriously than any other on Earth.
Lawsuit? Bring it on.

Ditto if Dr Karoly wants to sue ME for defaming him as a right wanker.

July 14, 2012 8:50 am

Methinks the man suffers from NPD.

Doug Huffman
July 14, 2012 8:56 am

The FOIA demand is likely the ‘legal threat’.
In some jurisdictions’ implementation of FOIA, a demand not timely answered is actionable. FOIA is a good and appropriate falsifying tool. It should be known as a legal demand and not as a civil request. In my local jurisdiction, the ‘verified complaint’ form is pre-printed in the briefing packet and pre-addressed to the district attorney.

July 14, 2012 8:57 am

Good for Steve! This is beauty in action!

Jim
July 14, 2012 9:04 am

No Craig. I’m pretty sure it was the allegation of defamation. Of course, Prof. Karoly ought to know that truth is an absolute defense of defamation. So all he would have had to do was show instances of Steve peddling misinformation.

July 14, 2012 9:04 am

If Karoly “received a threat of legal action from Steve McIntyre”, it was not contained in the communication shown above, which contains no expressed or even implied threat of legal action.
It is certainly possible for an individual to believe he/she has been “defamed” without actually obtaining an opinion from a legal practitioner of filing legal action. In the case of the above, I would agree with McIntyre that he was “defamed”.
Also, in the case of the above, Karoly actually lost some perceived “fame” without actually being “defamed”. You’ve gotta’ love it!

R. Shearer
July 14, 2012 9:05 am

McIntyre used a couple of words that have legal meaning. So, as in typical “warmist” fashion, Karoly exaggerates this situation, taking those words to mean what he wants them to mean. This is similar to conflating evidence.

July 14, 2012 9:05 am

Required disclaimer?

Editor
July 14, 2012 9:06 am

Boy, that’s quite a reach. There is one request:

I request that you either provide me forthwith with specific examples of the “misinformation” that you allege that I’ve promulgated or withdraw the allegation with an apology.

While that may be a strongly worded statement for a Canadian, if Dr. Karoly is reading an implied “or else” message, he needs to spend more time reading Steve’s blog. About the only implication I can read into it is “or else I’ll keep writing about the matter at CA.”
I thought Karoly had a little class when he announce the withdrawal of the Gergis paper. It appears I was mistaken.

kim
July 14, 2012 9:09 am

Karoly is desperate. He’s the posterboy for deliberately bad AR5 science. I feel sorry for him. Consider the ant, the sun, and the magnifying glass.
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tlitb1
July 14, 2012 9:10 am

Nope don’t see a legal threat there. I don’t think you have to be a lawyer to notice that. If Karoly has some other communication from McIntyre that he can show is an actual legal threat then I wonder why he doesn’t show it. If not it seems Karoly is a pusillanimous weasel.

Editor
July 14, 2012 9:12 am

Doug Huffman says:
July 14, 2012 at 8:56 am
> The FOIA demand is likely the ‘legal threat’.
Steve’s note didn’t have anything greater than an informal request – is Karoly referring to some other more formal request from Steve or are you assuming the six FOI requests Karoly mentions include at least one from Steve?

Louis Hooffstetter
July 14, 2012 9:19 am

Karoly is dreaming when he says “I have just received a threat of legal action from Steve McIntyre in Canada…”
David K: Be careful what you wish for.
Steve should make his dreams come true.

TomRude
July 14, 2012 9:23 am

What an oversized ego…

Sean
July 14, 2012 9:23 am

It looks like David Karoly has interpreted the data to say what he wants to hear from it instead of what it actually is telling him. How surprising. I wonder how often he makes this kind of mistake?

July 14, 2012 9:24 am

Skittish what? It is something one might expect from a conspiracy theorist – probably a condition brought on by the sky falling all the time. I thought Karoly was just one of the climate scientists mentioned in the death-threat fantasy at Australian universities:
“Prof David Koroly, of the University of Melbourne’s school of Earth science, told the ABC that he receives threats whenever he is interviewed by the media.”
http://www.guardian.co.uk/environment/2011/jun/06/australia-climate-scientists-death-threats
I now realize he may have been the ringleader in this debunked story. This sure isn’t Aussie character showing in this man’s timorous behaviour.

catweazle666
July 14, 2012 9:30 am

These “climate scientists” are a right sad bunch of whiny bitches, aren’t they?
Comes of having guilty consciences IMO.

Bill
July 14, 2012 9:30 am

It’s not a direct threat of legal action but one could read it as implied. The use of “defamatory” and the suggestion that things from his web page were used and not attributed could be seen as an implied threat of legal action. But he does suggest that all Karoly need do is edit his post and apologize and possibly to acknowledge Climate Audit to satisfy him.

D. J. Hawkins
July 14, 2012 9:36 am

R. Shearer says:
July 14, 2012 at 9:05 am
McIntyre used a couple of words that have legal meaning. So, as in typical “warmist” fashion, Karoly exaggerates this situation, taking those words to mean what he wants them to mean. This is similar to conflating evidence.

Like the “positive” CO2 feedback? I guess it’s just second nature to these folks

July 14, 2012 9:39 am

I’m not a lawyer but I don’t see any threats, legal or otherwise.
Perhaps he knows he did something that could be actionable?

Mike
July 14, 2012 9:44 am

I see the science is settled as usual. Warmists whimps.

Stacey
July 14, 2012 9:46 am

Dear A or Mods
I tried to post the following at CA but was not able to post comment, the post comment box is missing.
“In addition, in order for a law suit to have any purpose, the plaintiff should have suffered actual financial damages”
Steve is the above statement correct? I thought that for libel and slander financial loss does not necessarily come into it.
It does puzzle me why Karoly and others of his ilk keep coming back. Like punch drunk boxers they don’t know when to give up?
He’s gergised up yet again 🙂

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