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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July 14, 2012 11:59 am

pouncer says:
July 14, 2012 at 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.

Where’s the threat?
There is no basis for confusion on Karoly’s part.
If I tell someone that they assaulted me and ask for an apology how have I threatened any legal action?
Seriously, smart people shouldn’t need to avoid proper terminology just to avoid baseless confusion on the part of stupid people.

Ben U.
July 14, 2012 12:02 pm

Sounds in my opinion as if Karoly were doing some prep work for the resubmitted Gergis et al (including Karoly) 2012 paper – as if Karoly were kicking up dust in advance in fear that the revised paper may fail like its first submitted version to stand up to criticism from McIntyre and others.

martinbrumby
July 14, 2012 12:16 pm

Well, in my experience, my Ozzie distant cousins are a bit more, ahemm, “robust” than this silly galah!
He comes out with made up dodgy “science” paid for by long suffering taxpayers, gets his pals to “review” it and then struts about like a dingo with two dicks!
And now we’re supposed to sob because Steve nailed his latest lies and because he’s had some FOI requests to deal with (perhaps because he didn’t publish his data?). Poor diddums!
He’s obviously as shifty as a shithouse rat.
Lucky all my distant cousins haven’t spotted that he’s one of the useful idiots feeding nonsense to Ju-liar Gillard and Penny Wong in their attempts to throw the Ozzie economy under a bus.
Then he might have something to fear…
I hope there’s a very hungry redback under his dunny seat!
http://h2g2.com/dna/h2g2/alabaster/A182008

kim2ooo
July 14, 2012 12:20 pm

Reblogged this on Climate Ponderings and commented:
GROW UP ya little academic drama queen

grayman
July 14, 2012 12:24 pm

James Sexton, Well said!!!

eyesonu
July 14, 2012 12:36 pm

Oh how the written word and publicly displayed and documented on the Internet is certainly causing grief to the likes of those such as Karoly. They are crying because it didn’t used to be that way before Climategate opened the eyes of the world on them. But make it known that Steve McIntyre was one of the first to have open eyes. He continues to keep us focused as well as many others.
The cats out of the bag; or the genie is out of the bottle; or the can of worms has been opened; or the sh*i hit the fan. The game is over. Karoly, Mann, Jones, Trenberth, Gore, etc., etc., etc. now have to play by the rules. They are not accustomed to the truth.

James Allison
July 14, 2012 1:03 pm

tlitb1 says:
July 14, 2012 at 9:10 am
This guy nailed it. Karoly=Pusillanimous in character. All other comments are simply window dressing.

rogerknights
July 14, 2012 1:27 pm

Karoly’s “spreading misinformation” term might imply no more than “spreading erroneous information.” The spreader could be unaware that it is error, or be blind to his error. It doesn’t necessarily imply deliberate deception on his part.
In addition, much “information” in climatology is midway between fact and opinion. I.e., it’s an inference from certain data. Charging someone with spreading incorrect inferences is a long way from charging him with lying about established facts. I.e., it’s less defamatory.
So I think Karoly’s got wiggle room.

Curious George
July 14, 2012 1:36 pm

David Karoly means “King David” in Hungarian. He is appropriately touchy; I prefer not to evaluate his wisdom.

Editor
July 14, 2012 1:51 pm

Jeff Mitchell says:
July 14, 2012 at 10:56 am

As a paralegal who has 10 years experience in litigation of Telephone Consumer Protection Act cases, my first impression was there was at least two threats. A defamation action or a misuse of intellectual property action. Any time I see a specific behavior alleged which is against the law, I immediately think a possible action may be filed if the issue isn’t settled. I would consider it a threat.

So all words with defame for a root imply that legal proceedings are nigh? Perhaps Steve will need to add the following to all his correspondence:

I have some experience with legal processes: they are expensive, time-consuming and not something that I would undertake lightly, as I’ve said on many occasions to CA readers who’ve urged litigation on one thing or another.

If I were to receive mail with this would make me worry because pointing it out makes it clear he’s looking at it as a legal matter and is implying in this case legal proceedings are worthwhile.
Is there a synonym for defame that doesn’t include a legal threat? Ah, how about “Dr. Karoly, you have made an untrue statement about me that has harmed my self esteem.”
No, that would be a lie, how about “… raised my dander?”
No, he needed something to get Karoly’s attention.

elftone
July 14, 2012 1:57 pm

Steve McIntyre used the word “defamatory” correctly, in that his character and abilities were called into question. The fact that the word is also used in precise legal terminology is neither here nor there… if it had come from a lawyer engaged by him, it would be a different matter, but it didn’t. It seems that Dr. Karoly is attempting to deflect the argument by misdirection. It’s been tried before, and has succeeded in cases where those involved were less careful with their language than Mr. McIntyre. I don’t believe it will be successful in this case.

Green Sand
July 14, 2012 2:05 pm

rogerknights says:
July 14, 2012 at 1:27 pm
So I think Karoly’s got wiggle room.
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Yup, so do I!
However I suspect Karoly thinks he has wriggle room:-)
But he will, no doubt, keep wiggling for quite awhile.

Kev-in-UK
July 14, 2012 2:14 pm
TomRude
July 14, 2012 2:30 pm

You know the story of the snake that was saved and warmed up near the fire only to bite the hand that saved him?
Check the latest comments by “Maple Leaf” at Deep Climate… Pouah!

Kohl
July 14, 2012 2:33 pm

To state that something is ‘defamatory’, or that the source of something published was not acknowledged is a statement of fact, or of opinion in relation to fact. It is not a threat of legal action, period.
But I simply love the image of ‘strutting around like a dingo with two dicks’.
Sounds more Ozzie than your Ozzie cousins MartinBrumby.

AndyG55
July 14, 2012 3:07 pm

James Allison says:
tlitb1 says:
July 14, 2012 at 9:10 am
This guy nailed it. Karoly=Pusillanimous in character. All other comments are simply window dressing.
Darn, I have been wanting to use that word, and here is a perfect opportunity… and tlitb1 goes and beats me to it.
Anyway, on behalf of us Aussies, I’d like to apologise for having such a nasty, slimy, piece of work as this Karoly non-character in our midst. I assure you, we are not all “Pusillanimous gits”.
Others that come to mind are Flannery, Sheike (from GetUp), and John Cook (non-science blog). they all have that smarmy, erksome sort of character that makes ones flesh crawl

David Ross
July 14, 2012 3:22 pm

“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…”
Seeing things which aren’t there. Linking one isolated example of something that isn’t there to some other things which aren’t there to extrapolate a global pattern of things which aren’t there…mmmm….where have I seen this kind of hysteria before?
—————————–
“An issue has been identified in the processing of the data used in the study”
The passive voice -the favourite mode for politicians, lawyers and spin doctors is great for avoiding having to identify who is responsible for an action e.g.
We made mistakes (active) > Mistakes were made by us (passive) > Mistakes were made (passive no agent).
One example given by Wikipedia -“the data were inadvertently deleted from our files”- could have come straight from the mouth of Mann.
http://en.wikipedia.org/wiki/English_passive_voice
http://en.wikipedia.org/wiki/Weasel_word

ZT
July 14, 2012 3:27 pm

Aussie pronunciation experts – is it Karo-lie (seems appropriate)? or Karo-lee (seems diminutive and appropriate)?
(or is it Bruce, to avoid confusion?)

EternalOptimist
July 14, 2012 3:34 pm

this was the most comprehensive slap down from Steve,brilliant.
However I can see how Karoly might have viewed it as a veiled threat. Sort of ‘I have you by the nuts my friend, now, are we going to be nice to each other?’

Vieras
July 14, 2012 3:40 pm

Jeff Mitchell, people in your profession have a really bad habit of overreacting or exaggerating trivial risks. In any sane people’s mind Steve did not make a single threath. He just politely told Karoly where he has done wrong and asked for an apology. It’s crazy to equal that with threath of legal action. Furthermore, it’s complerely spineless to just expect that one doesn’t have to react if no threaths of legal action is made.
And finally, accusing Steve of playing the victim card is really low.

AndyG55
July 14, 2012 3:42 pm

I’ve noticed that this “spreading misinformation” is becoming a common wording for the AGW bletheren about anyone who doesn’t cow-tow to their hypothesis.
But when asked for particular instances.. deathly slience !!
They are trying to used it as a “shut-up” tool, but its back-firing badly, because if they respond, they know they will have to enter into debate. The very last thing they want.

July 14, 2012 3:51 pm

I’m sure there’s some ambulance chaser out there who could find a shadow of a hint of a penumbra of an implied allusion that Mr. McIntyre forgot to include in his request.
“Your honor, there is a clearly omitted death threat here…”

Biddyb
July 14, 2012 3:54 pm

I’d love to see the “six different FOI requests” that he’s whining about, poor darling. I can’t imagine they are all very different and so he’s probably only answering the same request six times. Shades of Philip Jones whining, methinks.

July 14, 2012 4:23 pm

There appears to be a problem here. Yes McIntyre’s letter was the sort of thing seen before defamation suits are filed.
NOTE: Eli Rabett is actually Joshua Halpern of Howard University

Dave N
July 14, 2012 4:27 pm

Since when is an FOI request a threat? No-one should be fearful of releasing public information to the public; terming it as a threat implies that they are fearful of it. People who are, do not deserve to hold such positions.