National Review gives Michael Mann the ****stick

Not just a Hockeystick, but borrowing from official CNN language last week, this appears to be the legal equivalent of a f***stick. It is quite a read.

McIntrye, McKittrick, Christy, and Andrew Montford among others are referenced.

Excerpts: 

Critics of the hockey-stick graph have focused on what they believe to be four serious flaws in its underlying methodology.

First, they have questioned the reliability of the graph’s underlying data. Because there are no thermometer records before the middle of the 19th century, the bulk of the hockey stick is composed of so-called “proxy” data, such as ancient tree rings, sedimentary pollen levels, and oxygen isotopes frozen in polar ice caps. Dr. Mann argues that these proxy data can be interpreted to provide an accurate record of global temperatures going back more than a thousand years. Some critics disagree. They argue, for example, that tree-ring formations cannot provide an accurate measure of global historical temperature trends — in part because temperatures fluctuate unevenly in different parts of the world, and in part because the relevant tree-ring characteristics are influenced not only by temperature changes but also by variable growth factors such as sunlight, water, and soil nutrients. In the eyes of critics, any statistical model that uses such data to reconstruct centuries of historical temperature trends is fundamentally flawed and misleading.

Second, critics have argued that the hockey stick relies on flawed statistical techniques, including a skewed Principal Components Analysis (“PCA”), producing an erroneous and misleading interpretation of the underlying data. For example, according to Professor David Hand, the former President of the Royal Statistical Society in Great Britain, “The particular technique [used by Dr. Mann and his co-authors] exaggerated the size of the blade at the end of the hockey stick. Had they used an appropriate technique the size of the blade of the hockey stick would have been smaller.”

If one uses a better statistical method, “[t]he change in temperature is not as great over the 20th century compared to the past as suggested by the Mann paper.” Id.

Third, critics have argued that the hockey stick is misleading because it splices together two different types of data without highlighting the change: For roughly the first nine centuries after the year 1000 A.D., the graph shows temperature levels that have been inferred solely from tree-ring samples and other “proxy” data. But from about 1900 onward, the graph relies on readings from modern instruments such as thermometers. In the words of one review conducted by a panel of independent scientists, many consider it “regrettable” that temperature reconstructions “by the IPCC and others” neglected to emphasize “the discrepancy between instrumental and tree-based proxy reconstructions of temperature during the late 20th century.” J.A. 370.

Fourth, critics have contended that the hockey stick is misleading because it omits certain

tree-ring data after the year 1960 that show a decline in global temperatures, and instead relies more heavily on thermometer readings that show an increase in temperatures during that period. The omission of these data gained widespread public attention after the leak of multiple e-mails from the University of East Anglia’s Climate Research Unit (“CRU”), prompting an uproar popularly known as “Climategate.” In one particularly controversial e-mail, CRU scientist Phil Jones wrote to Dr. Mann and two other scientists: “I’ve just completed Mike’s [i.e., Dr. Mann’s] Nature trick of adding in the real temps to each series for the last 20 years (i.e. from 1981 onwards) [and] from 1961 for Keith’s to hide the decline.”

Dr. Mann himself has not denied the omission of certain proxy data after the year 1960, but has argued that the omission is legitimate: “[T]hese data should not be used to represent temperatures after 1960,” he explains, because “the density of wood exhibits an enigmatic decline in response to temperature after about 1960.”

In other words, because temperature measurements from modern instruments show that these data points are not reliable, Mann contends that it is legitimate “not to show those data during the unreliable post-1960 period.” Id.

Critics disagree, arguing that the hockey stick should have included the post-1960 proxy data to give a more full and accurate picture: since modern instruments have shown tree-ring proxies to be inaccurate after 1960, they say, this also calls into question the reliability of the proxy data from earlier years, where no thermometer readings are available to provide an independent check.

Based on these four separate criticisms, Dr. Mann and his detractors have engaged in a long-running public debate over the validity of the hockey stick and its underlying methodology. Dr. Mann and his defenders characterize the hockey stick as methodologically sound, contending that it gives an accurate picture of the dire threat global warming poses. Critics of the hockey stick characterize it as badly flawed, contending that its reliance on questionable statistical techniques and its method of data presentation render it false and misleading.

In testimony before the United States Congress, Professor John Christy summarized the critical view by stating that “evidence nowindicates . . . that an IPCC Lead Author working with a small cohort of scientists, misrepresented the temperature record of the past 1000 years by (a) promoting his own result as the best estimate, (b) neglecting studies that contradicted his, and (c) amputating another’s result so as to eliminate conflicting data and limit any serious attempt to expose the real uncertainties of these data.”

The tone of the debate

Given the strong differences of opinion, the tone of the hockey-stick debate has been intense and at times vituperative, with both sides indulging in caustic rhetoric. Dr. Mann himselfhas harshly condemned hi

s critics, branding them as “climate deniers,” and denouncing them as liarsand frauds. In 2005, for example, Dr. Mann wrote an e-mail to a New York Times reporter asserting that “[t]he McIntyre and McKitrick paper is pure scientific fraud,” and that “[a]number of us are . . .very surprised that Nature is publishing it.”

 …

ARGUMENT

I. The D.C. Anti-SLAPP Act Applies To Dr. Mann’s Attempt To Silence His Critics

II. Criticism Of The Hockey Stick Is Not Actionable Under The First Amendment

A. The First Amendment Protects Vigorous Criticism on Matters of Political and Scientific Controversy

1. Scientific controversy must be resolved through free and open debate,not through litigation.

2.The First Amendment protects rhetorical hyperbole on matters of public controversy.

3. Protecting free speech requires substantive and procedural safeguards

B. The Lower Court Failed to Enforce the First Amendment’s Substantive and Procedural Protection for Speech on Matters of Public Controversy

C. Under a Proper Application of the First Amendment, the Commentary Published by National Review Was Core Protected Speech

…the commentary was part of the heated public debate over the hockey-stick graph, where caustic criticism and hyperbolic rhetoric are the coin of the realm. Dr. Mann himself has set the tone of the debate, accusing his intellectual opponents of “pure scientific fraud,” “the fraudulent denial of climate change,” making “fraudulent” claims, “t[aking] corporate payoffs for knowingly lying about the threat climate change pose[s] to humanity,” “willfully . . . le[a]d[ing] the public andpolicy makers astray,” being “anti-science,” and deliberately seeking to “mislead” people through “deceptive . . . report[s]” that “regurgitate[]” “denialist myths.”See supra at 6-7 & nn. 9-13. Since Dr. Mann’s references to “fraud” and “knowingly lying” reflect the linguistic reality of the global-warming debate, it cannot be seriously suggested that Dr. Mann can unilaterally punish his critics for similar rhetoric.

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Read the whole thing here:

Click to access NR_Opening-Brief.pdf

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H Grouse
August 5, 2014 2:00 pm

BenOfHouston says:
August 5, 2014 at 12:46 pm

“You’re hammering on the wrong point”

The science is not at issue in the legal proceedings. At issue is “defamation”

Craig Loehle
August 5, 2014 2:24 pm

H Grouse claims: “The science is not at issue in the legal proceedings. At issue is “defamation”” but if someone is making scientific claims which you think are invalid (especially grossly invalid), and say so, you should not be able to be sued for defamation, yet that is what has happened. Anti-SLAPP should have stopped it but did not. So the science (not the details necessarily) IS relevant.
Are we allowed to say that recovered memories are bogus? How about claims that trace levels of chemicals in our food are killing us? How about the claim that vaccines cause autism? Can we not call out such idiocy?

August 5, 2014 2:32 pm

H Grouse says:
August 5, 2014 at 12:56 pm
=================================================
See: http://faculty.fgcu.edu/twimberley/EnviroPol/EnviroPhilo/Glacial.pdf
Most have never heard of Grove or Switsur or their paper, and most of the credulous could read their paper, take note of its date, and dismiss it as outdated. The more perceptive will see it as glaciological rebuttal to Bradley and Jones’ attempts in 1992 to eliminate the MWP (which the paper alludes to, p.144 line 4). And it is representative of the view of those who study glaciers: the MWP and LIA were global, and Bradley and Jones are full of crap. So say the silent majority which the fanatics claim are 3% of the whole. –AGF

H Grouse
August 5, 2014 2:51 pm

Craig Loehle says:
August 5, 2014 at 2:24 pm
“scientific claims which you think are invalid ”

That isn’t the issue. The defamation included the claim of “fraud”. The defendants didn’t say “invalid”.

H Grouse
August 5, 2014 2:58 pm

agfosterjr says:
August 5, 2014 at 2:32 pm
“3% of the whole.”
Unfortunately, the science is not at issue in the actual case. As much as Steyn et. al wish to put the science on trial, they may try, but it has no relevancy to the defamation issue. The judge will not allow the jury to decide the science, that is beyond the jurisdiction of the court.

The definition guy
August 5, 2014 3:13 pm

How can they say such things about Dr. Professor Mann. After all, he won the Nobel a Prize for science. No wait, it was for peace. He walked away with a piece of the prize. I saw the certificate he gave himself. Looked almost real. What I mean is that he and another guy shared the prize with yet another guy. His critics say that he didn’t receive a medallion as all other winners have, calling into question the legitimacy of the prize. This is because the deniers sabotaged the awards ceremony and hacked the Nobel Committee’s database. The crew of deniers were so good that every mention of Mann was so securely deleted from the Nobel Prize Committees’ records that today not a trace can be found. The deniers are forever pointing to this complete lack of evidence (why do we need evidence when we have models making projections?) as proof that Mann not only didn’t win the Nobel Prize, they claim he was never even short listed.
My last four model runs all show Mann winning the Nobel Prize. My colleagues all agree he won. We have consensus and the argument is settled.

mpainter
August 5, 2014 3:17 pm

H Grouse@2:58pm:
I believe that the offending comment was made in the context of climate science and more specifically in the context of Mann’s perversion of that. Mann is a scam scientist and a liar and this can be proved in the courtroom. Steyn will be given the chance to demonstrate the truth of his statement to the court and that is why he is so ready to pursue his cause and why he separated his cause from NR. For information on Mann as a liar, see Climate Audit where it discusses Upside Down Tiljander. Then come back and let’s see if you still stick up for Mann.

mjc
August 5, 2014 3:18 pm

” H Grouse says:
August 5, 2014 at 2:51 pm
Craig Loehle says:
August 5, 2014 at 2:24 pm
“scientific claims which you think are invalid ”

That isn’t the issue. The defamation included the claim of “fraud”. The defendants didn’t say “invalid”.”
If the science is invalid, then all the alarmist claptrap pushing that agenda is indeed fraudulent.

Billy Liar
August 5, 2014 3:27 pm

Michael Mann is rumoured to post on blogs under the pseudonym ‘H Grouse’.

August 5, 2014 3:59 pm

The definition guy:
Well, you have me convinced!
Not so sure about the grouse, though. He argues with everything.

bk51
August 5, 2014 4:03 pm

The definition guy says:
August 5, 2014 at 3:13 pm

Hilarious!

Matthew R Marler
August 5, 2014 4:31 pm

H Grouse: Steyn (writing in NRO) got this comparison from an article by Rand Simberg in the CEI’s blog,.who called Mann “the Jerry Sandusky of climate science ”
That explains why the lawsuit involves three defendants.

That does explain why the lawsuit involves three defendants, but you ought to quote the whole sentence from which you excerpted a phrase, because you have altered the meaning by truncating..

August 5, 2014 4:32 pm

H Grouse says:
As much as Steyn et. al wish to put the science on trial, they may try, but it has no relevancy to the defamation issue.
Ah, but what about anti-science Mann passed off as honest science? If someone lies about their methodology, which Mann clearly did, is that not fraud? And if this case is about fraud, that would seem to be relevant.
But like the grouse, IANAL, although I can see that the judge is a dipstick. No doubt this will be appealed no matter how it goes. But honest science is taking a hit. When charlatans sue people over hurt feelings, we know they never had real science on their side in the first place. If they did, that would be enough.

JP
August 5, 2014 6:30 pm

H Grouse,
“Steyn (writing in NRO) got this comparison from an article by Rand Simberg in the CEI’s blog,.who called Mann “the Jerry Sandusky of climate science ” ”
You are under the assumption that Mann is a naive, pure scientist, whose only goal in life is discovering the Truth. Defamation suits against pundits and those who write political satire usually do not end well for the Plaintiff. Mann is no such scientist. His public record, especially on the internet will be his undoing. Using Mann’s own methodology, it will be near impossible not to prove that, Doctor Michael Mann is not a rabid partisan, who willingly and gleefully drinks deeply from the partisan waters. His “defamation” against everyone from Judith Curry to Steve McIntyre are well documented. Ergo, his lawyers will have a difficult time saying that he is a Nobel Prizing winning, distinguished scientist. Speaking of his self announced Nobel award….
Furthermore, Mann’s scientific record is on the trial block. For, he cannot tell the court that he is a distinguished scientist without rebuttal. And the rebuttals lead right back to his Hockey Stick, and all of his public commentary (or is it invective?) associated with it. Steyn, is a political satirist. There is a long history in the courts of protecting people who use satire and irony to make their points in news papers and opinion journals (See Al Capp and his parody of Elvis, the Beatles, Frank Sinatra, and most famously, Jo Baez). Steyn, said nothing that any other satirist would have said. And you can bet your paycheck that Mann’s words via the Climategate emails will be entered into the court record. Mann cannot have it both ways. He cannot tell the court that he is a non-partisan scientist in an independent pursuit of the truth, when he is suing Steyn for questioning that alleged fact. The Hockey Stick will be front and center.

Jeff Alberts
August 5, 2014 6:56 pm

davidmhoffer says:
August 5, 2014 at 9:59 am
Oh pish. The very first link I provided the troll was in regard to Briffa 2012 which completely destroys MBH 98 and all its derivative works. Briffa was a co-author of MBH

I don’t believe that’s correct. The “B” in MBH is for Bradley, Raymond. Perhaps Briffa wasn’t a primary co-author?

August 5, 2014 7:49 pm

Jeff Alberts;
I don’t believe that’s correct. The “B” in MBH is for Bradley, Raymond. Perhaps Briffa wasn’t a primary co-author?
>>>>>>>>>>>>>
You are correct, I was wrong on that point.

rogerknights
August 5, 2014 9:24 pm

MarkStoval
Someone once said that a judge is just a law student who grades his own papers.

Mencken

RokShox
August 6, 2014 5:14 am

Re Max Hugoson at August 4, 2014 at 9:05 pm: “…in the I.E. Exploder”
I need a new keyboard.

DonM
August 6, 2014 6:50 am

The Navier Stokes differential equations describe fluid flow with changes in temperature and density. They are nonlinear, chaotic, with sensitive dependence on initial conditions. That means that no finite set of past states can be sufficient to predict a distant future state. This has been known since the 1963 paper by Edward Lorenz “Deterministic Nonperiodic Flow”. Anyone who attempts to predict distant future states of a NS system from past data is incompetent. Anyone who asserts that such predictions have meaning is a fraud. Of course climate scientists will assert that they don’t use NS differential equations to make their predictions, as if using the incorrect equations to predict the future distant states would be expected to increase confidence in their work.

QuixoteNexus
August 6, 2014 8:26 am

Scary,scary night
paint your proxies mauve and green
linked between the Holocene
and somewhere you decided to delete
Like the people you defeat ,
in courts and pages skeptical ,
an entertaining spectacle
of tortured science and gases so supreme,
then slayers swords that lie between,
the warmers and the not so warm,
global warming just stillborn
and cooling now even as we speak.
And they could have loved you
if the lies you told were true
and if the World had just got sick
they would have worshiped your hockey stick
but it ceased to warm enough,
and that was nothing new
and I could have told you Michael
this world was never meant for
one as mendacious as you .
More verses on request (not holding my breath)

Reply to  QuixoteNexus
August 7, 2014 9:47 am

@QuixoteNexus – Ditto what agfosterjr said!

August 6, 2014 10:13 am

More verses!

Specter
August 6, 2014 12:44 pm

Predictions: First – Mann will lose at the appeal level – read the document and the logic and case law presented that defends the First Amendment. At the very least NR will be dismissed as a defendant.
Second – since Steyn has countersued, and because the whole point of his satirical rhetoric against Mann was the “science” (or lack thereof) behind the Hockey Stick, Mann will be forced to turn over all of his data and methodology in discovery. He either will turn it over and have the world look at all of it in its’ infamy, or he will not as he did in the case in Canada. Any one taking odds at which course Mann will take?

August 6, 2014 2:04 pm

H Grouse seems to think that was ok for Mann to hide the unsavory methods he used to create a graph simply because other people have kinda drawn a similar graph.
This is pure nonsense. It’s almost as if H Grouse believes that it’s ok to use flawed methods as long as someone else can say that the results are kinda right.

woodNfish
August 7, 2014 1:25 pm

H Grouse says: August 4, 2014 at 4:56 pm
The “science” is not at issue in the case.
What science? AGW junk-science? AGW scientific fraud?

Mervyn
August 7, 2014 9:15 pm

I just cannot understand why this “hockey-stick graph” of Mann has not yet been buried for good.
Why is it not compulsory for Mann, to put up or shut up … put up all his data and methodology up for scrutiny by his peers, or withdraw his paper on the “hockey-stick graph”?
Instead, this issue keeps dragging on and on and on and on … it’s ridiculous or its scientific fraud!