Michael E. Mann -screencap from video interview given to Rolling Stone magazine, with "L" hand gesture overlaid. Used under fair use exemption for "commentary or criticism to the public through parody or satire."

Monday Mirthiness: Mann thrice loses, but is going to court anyway! (wellll, maybe)

From Mark Steyn’s opinion piece today at steynonline.com

You’re Once, Twice, Three Times a Loser…
Michael E Mann, Loser (Again) (and Again)

~Global warm-monger Michael E Mann’s defamation suit against me for maligning his hockey stick is now in its tenth year in the fetid septic tank of American “justice”. Way back in early 2013, when the healthy glow of late middle-age had not yet faded from my now wizened cheeks, I asked the (if memory serves) second trial judge if we could just get the hell on with it and go to trial. He turned me down, alas. But here we are, a mere eight-and-a-half years later, and my wish has very belatedly been granted. We will be going to trial, albeit with rather fewer defendants than once were.

If you’ve not been keeping track of the litigious Mann’s courtroom score card, here’s how it stands after last week’s ruling:

~Mann vs Professor Timothy Ball (British Columbia Supreme Court):
Case dismissed; Mann loses (and has been ordered to pay costs, which the bum and deadbeat has declined to do);

~Mann vs National Review (District of Columbia Superior Court):
Case dismissed; Mann loses;

~Mann vs Competitive Enterprise Institute (DC Sup Ct):
Case dismissed; Mann loses.

The links above are all to the full text of the court judgments, because Mann’s doting fans always respond with, “Oh, well, that’s just a news story, or a blog… It doesn’t mean it’s true.” When he lost to Tim Ball, he told these remarkably gullible Mann-bois that he hadn’t really lost, because the judge had tossed the suit before they got to trial, so it wasn’t like a real defeat on the merits.

Which is a bollocks argument – like saying, ah, well, in a narrow technical sense I “failed” on the written part of the driver’s test, so I never got into the car, so it’s not a real fail. He did the same when he lost to National Review, but a little more perfunctorily, I thought. And, unless I’ve missed it, he doesn’t seem to have bothered with his “losing the case is just an irrelevant technicality” with respect to CEI, so presumably even he grasps that at a certain point the arithmetic’s dispositive and you can’t keep insisting that that big pile of court rulings doesn’t mean anything.

For what it’s worth, I’m glad to be shorn of my co-defendants, if only because in an American courtroom, if you have multiple defendants all with their own legal teams, the defense table looks like a clown car, which I never feel helps you with the jury. So I’m happy it’s down to Rand Simberg and me. It is less heartening that this fourth trial judge does not seem to share the same grasp of the central question of the case as his predecessor (Trial Judge Number Three), who did a grand job of shrinking the suit to its essentials. Judge Irving’s ruling that, after a decade of tosspotting around, the case against me and Simberg shall now proceed to trial is not without its mordant aspects. For example, Mann’s evidence of the damage he has suffered:

Dr. Mann asserts that his reputation was harmed in the community and that he began to receive disapproving glances around town after the articles were published.

That may be because he’s big buddies with paedo-enabler Graham Spanier, currently banged up in the Big House for child endangerment. Ah, but you gotta laugh, haven’t you? Because otherwise you’d convene a grand international conference and expel America from the Common Law world for its grotesque perversion of the functioning system it inherited.

Obviously the odds aren’t good for an unlikeable foreigner in front of a DC jury, but that was true in 2012 so why worry about it all these years later?

Er, unless I’m even more unlikeable now than I was back then…


UPDATE: From the Competitive Enterprise Institute:


DC Superior Court Rules in Favor of CEI in Michael Mann Lawsuit

Today the Superior Court of the District of Columbia issued a decision granting CEI’s motion for summary judgment in a defamation lawsuit brought by climate scientist Michael Mann in 2012. The court meanwhile denied motions for summary judgment from two other defendants in the case, as well as Mann’s motion for judgment that statements criticizing his research were false.

Competitive Enterprise Institute President Kent Lassman said:

“We are gratified by the decision from the court to grant summary judgment on the claims against CEI brought by Michael Mann. The ruling is a testament to a robust public sphere where ideas are contested through evidence, speech, and debate.  We expect that the remaining defendants will be vindicated in time.”


From Anthony, I’d like to make a few opinion points, based on my experience.

1. Since we have observed that with Mann, “the process is the punishment”, he will likely draw out any demands for discovery for the upcoming court date as long as possible. Plus he’ll likely outright reject calls for discovery due and claim some sort of obtuse intellectual property right defense as to why he shouldn’t have to disclose anything. After all, the Mann is “saving the planet” and self-appointed demigods such as him can’t be subject to such distractions when the entire human race is at stake.

2. When he’s finally got his back up against the wall with the judge for failing to provide discovery items, he’ll likely just withdraw the lawsuit. He knows he can’t win on the merits, and he can’t risk providing discovery materials; otherwise his entire ego-based house of climate cards would come crashing down.

3. This process will take at least two more years, but could go as long as another five given the DC court of Molasses.

4. When he does withdraw, Mann will use the same set of excuses he has historically used to avoid any debate or discussion. This will include denigration, name-calling, social media tantrums, and the ever popular “not worth his time because I have a planet to save” argument. See Jor-El complex.

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Rudi
July 26, 2021 11:58 am

“Dr. Mann asserts that his reputation was harmed..”
That is what it is all about. His reputation which extends to funding and a good position in the tribe. Not the facts.

leitmotif
July 26, 2021 11:59 am

Does Mann really care whether he wins or loses these lawsuits?

Isn’t he just making a constant nuisance of himself?

And in doing so, isn’t he just keeping the AGW scam ticking over near the top of the agenda?

You can still poke and annoy people with a broken hockey stick without actually winning the argument (no poke jokes please).

July 26, 2021 12:14 pm

So which will we have first:

  1. practical fusion power
  2. zero carbon industry
  3. a final decision in the Mann v. Stein defamation suit
  4. glaciation in Hell
leitmotif
Reply to  Alan Watt, Climate Denialist Level 7
July 26, 2021 12:27 pm

Who Wants To Be A Millionaire?

Fastest Finger First.

Is it 2 3 1 4?

Ted
Reply to  leitmotif
July 26, 2021 1:48 pm

3 1 4 2 , though 1 might not happen at all.

John Garrett
July 26, 2021 12:23 pm

Michael “Piltdown” Mann is scum.

He will be remembered as a fraud, a charlatan and an utterly despicable person.

leitmotif
Reply to  John Garrett
July 26, 2021 12:29 pm

Don’t forget ugly bastard.

Red94ViperRT10
Reply to  leitmotif
July 26, 2021 1:17 pm

Oh, put a little bonnet on him and a pacifier in his mouth and he’d acquire a distinctly creepy cuteness.

AGW is Not Science
Reply to  Red94ViperRT10
July 27, 2021 7:39 am

Kinda like the cigar smoking “baby” in the Bugs Bunny cartoons?

Rud Istvan
July 26, 2021 1:46 pm

Went and refreshed memory by re-researching this long saga.
it began when Steyn published a 250 word essay on National Review’s blog site, The Corner, overseen by Rand Simberg. Mann’s lawyers threatened NR, and on behalf of NR CEI wrote and NR published a long dismissive response.
Steyn’s blog post was titled ‘Football and Hockey’ and humorously compared PSUs internal dismissal of allegations about the fabricated hockey stick to its dismissal of the allegations that PSU knew about Sandusky (for which former PSU head Spannier is now in prison).

Thenlegal record is.long and complex. NR and CEI tried to get Mann’s suit against them dismissed based on DC’s then new and arguably poorly worded antiSLAPP law. The first judge screwed that up, it got appealed and then assigned a second judge and… eventually NR and CEI got summary judgements dismissing them from the suit.

During this saga, Steyn wanted to go to trial and attack Mann. NR and CEI did not, so eventually Steyn (and Simberg got separated. It is that residual suit by Mann that is now docketed, meaning Steyn can finally proceed to discovery, which will include deposing Mann under oath on pain of perjury. Given all that we know know (see upthread for the BEST founder Berkeley lecture on hiding the decline, see McIntyre for strip barks and red noise) Mann cannot allow that.

The residual Steyn case falls directly under NYT v Sullivan. Meaning, that since. Mann was and is a very public figure, he has to show that Steyn acted with ‘actual malice’ (the blog post was false, and Steyn knew it was false). But the post was true and Steyn knew it true. So Mann in the end loses by withdrawal of suit, just like with Tim Ball in Canada, and for the same reason—failure to comply with court ordered discovery that he cannot withstand.

John Phillips
Reply to  Rud Istvan
July 26, 2021 2:18 pm

Given all that we know know (see upthread for the BEST founder Berkeley lecture on hiding the decline, see McIntyre for strip barks and red noise)

Muller got several things very wrong in that lecture, The Red Noise thing is baloney, and Bristlecone Pines are nowhere near as influential or indeed bad as they are painted.

Hint: not everything you read at Climate Audit is the truth, the whole truth and nothing but the truth. 

David A
Reply to  John Phillips
July 26, 2021 4:15 pm

as Mann’s own peers said, you are forever “ defending the indefensible”

Reply to  David A
July 27, 2021 5:50 pm

When the guy uses links to mann’s ravings as part of the defense one wonders if the bald chubby one is doing his own defense.

That not everything on climate audit is the truth falsehood is a hint. McIntyre’s postings are the truth. Some of the slime-ball comments might be false, but McIntyre has defended everything in detail that he has written, unlike manniacal.

John Phillips
Reply to  ATheoK
July 28, 2021 6:17 am

 McIntyre’s postings are the truth. 

LOL

Derg
Reply to  John Phillips
July 27, 2021 2:22 am

A million and one 😉

David A
Reply to  Rud Istvan
July 26, 2021 4:11 pm

McIntyre also did excellent work on the sham investigation of PSUs looking at the hockey stick allegations.

ResourceGuy
July 26, 2021 3:19 pm

Maybe he should pay attention to other “process is punishment” cases.

Lawyer who sued Chevron over Ecuador pollution found guilty of contempt (msn.com)

Michael Jankowski
July 26, 2021 3:41 pm

“…Dr. Mann asserts…he began to receive disapproving glances around town after the articles were published…”

Insane much?

Reply to  Michael Jankowski
July 27, 2021 5:53 pm

It was the little girl with pigtails and lollipop that stuck her tongue out at manniacal, that upset him and made him realize that people disapproved of manniacal….

July 26, 2021 4:55 pm

If an astronomer(s) discovered an asteroid that looked to be on a collision course with earth the FIRST thing they would do is send their data around the world to other astronomers to determine whether the asteroid was atually on course to hit the earth. Mann, however, hid his data and methods until they were legally forced from his hands.

Keitho
Editor
July 27, 2021 2:42 am

How nice to see all the comments by those well known, and respected, contributors from the past. Mann is using a variant of the Stalingrad legal process but ultimately he will run out of wriggles and Mark Steyn will deservedly kick his fat backside. Nobel Prizewinner indeed, bah!

ozspeaksup
July 27, 2021 3:07 am

talk about the wheels of justoce gringing exceedingly slow..
jarndice n jarndice his legal team??

Greg
July 27, 2021 3:17 am

Please desist from putting close-ups of the ugly obnoxious git on my screen. I find that highly “offensive” .

At least have the decency to use a distant shot of him in a group at a distance. I nearly lost my breakfast !!

John Phillips
July 27, 2021 6:41 am

There seem to be a couple of common assumptions on this thread:
 

  • Despite Steyn saying that discovery is over, there is some more still to come, and when faced with cross-examination Dr Mann or his team will be compelled to disclose some damning email or other piece of evidence, hidden these two decades, that demonstrates that the MBH studies were fraudulent and invalid.
  • The Judge will consider the evidence and declare that the Hockey Stick was in legal fact fraudulent and invalid.

 
Good luck with both of those 😉 

Carlo, Monte
Reply to  John Phillips
July 27, 2021 8:34 am

Mikey, is this you behind the sockpuppet?

paul courtney
Reply to  John Phillips
July 27, 2021 10:56 am

Mr. Phillips: Your reference to Steyn’s summary judgment statement that discovery is over is only for the motion. I know it doesn’t express that, but you show your ignorance by pretending this statement covers all trial prep instead of the motion in which the statement is made. You can do discovery necessary for such a motion, then do more to prepare for trial after the motion is decided as a denial. Has Mann sat for deposition? IF we learn that Mann’s depo is still to be done, will you return here and correct your error?
As for “some damning email…hidden for two decades”, did you miss the one where the team said “delete” and Mikey said “yes”? So he hid emails two decades ago, just as you surmised. I thought you were a fan?

John Phillips
Reply to  paul courtney
July 27, 2021 12:16 pm

Semantics.

As for “some damning email…hidden for two decades”, did you miss the one where the team said “delete” and Mikey said “yes”? So he hid emails two decades ago, just as you surmised. I thought you were a fan?

So many myths. In 2008 Phil Jones sent out a mail asking that all mails relating to IPCC AR4 from Keith (Briffa) be deleted. This was ill-advised and arguably contrary to FOI principles.

But Dr Mann did not comply, he just passed the mail along to Eugene Wahl and did not delete any mails himself. He gave testimony to the Penn State Investigation to that effect and produced a trove of the mails that would have been covered by the request.

And this would be irrelevant to Mann vs Steyn even if it were true. I do hope you weren’t pinning your hopes on this nothingburger.

paul courtney
Reply to  John Phillips
July 27, 2021 1:09 pm

Mr. Phillips: “Semantics”? Your meme that it’s “Steyn’s own” lies bleeding, so what response can there be? You won’t answer my question, so I’ll just have to bring it back up when the story is “Mann refuses depo”. By then, of course, it’ll be some other fake name.
“He produced a trove of emails”, to go with your earlier “he produced a million” something. Sounds like Hillary Clinton, who produced “50,000 pages” but admitted destroying others. One could point out the destroyed emails ’til blue in face, a useful idiot Hillary fan would jump in with the meaningless number produced. Was that you, too?

John Phillips
Reply to  paul courtney
July 27, 2021 1:42 pm

It is a principle of natural justice that one is innocent until proven guilty. Not around here, obvs.

You are unable to ‘point out’ any deleted emails but there must be some right?

From the Inquiry….

He [Mann] explained that he never deleted emails at the behest of any other scientist, specifically including Dr. Phil Jones, and that he never withheld data with the intention of obstructing science; …

On January 15, 2010, and on behalf of the inquiry committee, Dr. Foley conveyed via email an additional request of Dr. Mann, who was asked to produce all emails related to the fourth IPCC report (“AR4”), the same emails that Dr. Phil Jones had suggested that he delete.

On January 18, 2010, Dr. Mann provided a zip-archive of these emails and an explanation of their content. In addition, Dr. Mann provided a ten page supplemental written response to the matters discussed during his interview.

[..]

Finding 2. After careful consideration of all the evidence and relevant materials, the inquiry committee finding is that there exists no credible evidence that Dr. Mann had ever engaged in, or participated in, directly or indirectly, any actions with intent to delete, conceal or otherwise destroy emails, information and/or data related to AR4, as suggested by Dr. Phil Jones. Dr. Mann has stated that he did not delete emails in response to Dr. Jones’ request. Further, Dr. Mann produced upon request a full archive of his emails in and around the time of the preparation of AR4. The archive contained e-mails related to AR4.

Another rule of mine is not to debate conspiracy theory nutters ….

Reply to  John Phillips
July 27, 2021 6:00 pm

On January 18, 2010, Dr. Mann provided a zip-archive of these emails and an explanation of their content. In addition, Dr. Mann provided a ten page supplemental written response to the matters discussed during his interview.”

  • Never reviewed.
  • Never verified that all emails were included.

Investigation was a whitewash from beginning to end.

John Phillips
Reply to  ATheoK
July 28, 2021 2:40 am

And here comes the conspiracy theory…

paul courtney
Reply to  John Phillips
July 27, 2021 6:34 pm

Mr. Phillips: I decided to debate this one.

Reply to  John Phillips
July 27, 2021 5:57 pm

But Dr Mann did not comply, he just passed the mail along to Eugene Wahl and did not delete any mails himself. He gave testimony to the Penn State Investigation to that effect and produced a trove of the mails that would have been covered by the request.”

Uninvestigated and unproven.
Plus, the investigative team ignored that Mann’s forwarding the request itself was improper as that condones the illegal request.

John Phillips
Reply to  ATheoK
July 28, 2021 2:46 am

Of course it doesn’t and there was nothing ‘illegal’ about the request – the mails were not the subject of an FOI request at the time, Wahl was not yet an NOAA employee and this whole issue is utterly irrelevant to the topic of this thread. You really are bending over backwards here.

Wahl’s mails were in the CRU mail release – and revealed nothing remotely suspicious.

John Endicott
Reply to  John Phillips
July 28, 2021 4:40 am

Documents don’t have to be under a FOI request “at the time” in order to be legally subject to the rules for retention and deletion of documents in the FOI regulations. Indeed if you can delete any document you want as long as “there currently isn’t a FOI request”, that would make FOI requests entirely useless as all the documents of potential interest would be deleted long before anyone could issue such a request.

John Phillips
Reply to  John Endicott
July 28, 2021 5:43 am

Deleting a mail that is not subject to an ongoing FOI request is legal, though may contravene organisational policies. There will always be some correspondence that must remain confidential (unpublished research, staff appraisals). But I agree – in this instance, Phil Jones’ request was ill-advised at best.

But Dr Mann did not delete any mails, he merely passed on Jones’ request to Gene Wahl, because he said ‘“I felt Eugene Wahl had to be aware of this e-mail … it could be used against him.’.

And if that really is the worst thing Mann did in his long career, well, yawnsville.

Wahl did delete mails but he was not an NOAA employee at the time so their record retention rules would not apply. The relevant mails came to light in the CRU mail dump and guess what? No malfeasance.

Is that a storm I see in that teacup?

John Phillips
Reply to  ATheoK
July 28, 2021 4:42 am

Mann deleted emails 20 years ago

It was 13 years ago and no he didn’t. He produced the ‘deleted’ mails when asked to by the enquiry..

Well, they were not reviewed.

Of course they were. “the Investigatory Committee reviewed documents provided by Dr. Mann in response to requests from both the Inquiry and Investigatory Committees”

It was a whitewash, and besides Mann forwarded the request, that is illegal.

So, the case against Dr Mann, in full, is …. he forwarded a dodgy (but legal) email.

Chortle.

Bloggers and online commentators made much of the Wahl quotes yesterday, attacking Mann. The widely read Watts Up With That? blog ran a lengthy item that said, “Sources confirm that a federal inspector has questioned Eugene Wahl and Wahl has confirmed that Mann asked him to delete emails,” citing no evidence beyond the forwarded e-mail. 

Mann, reached on vacation in Hawaii, said the stories yesterday were “libelous” and false. “They’re spreading a lie about me,” he said of the Web sites. “This has been known for a year and a half that all I did was forward Phil’s e-mail to Eugene.” Asked why he sent the e-mail to his colleague, Mann said, “I felt Eugene Wahl had to be aware of this e-mail … it could be used against him. I didn’t delete any e-mails and nor did I tell Wahl to delete any e-mails.” Why didn’t Mann call Wahl to discuss the odd request? “I was so busy. It’s much easier to e-mail somebody. Nowhere did I approve of the instruction to destroy e-mails.”

Robert Alfred Taylor
July 27, 2021 4:09 pm
Dean
July 27, 2021 9:54 pm

Ah Justice Twaddle was spot on the money!!!

I hope his middle name was Twiddle.

July 28, 2021 6:58 am

Will a court accept withdrawal of a law suit?

Morally it should at least award costs to the defendants.