BREAKING: Judge sanctions Michael E. Mann for “Bad-Faith Trial Misconduct” in Mann v. Free Speech:

From Steve Milloy’s X account

“The record plainly shows the deliberate and knowing misconduct of Dr. Mann’s counsel in eliciting false testimony from Dr. Mann and misrepresenting his grant funding.”

https://www.steynonline.com/documents/15104.pdf

Ryan Maue writes more comprehensively on X

Update: bad faith. Here, the Court finds, by clear and convincing evidence, that Dr. Mann, through Mr. Fontaine and Mr. Williams, acted in bad faith when they presented erroneous evidence and made false representations to the jury and the Court regarding damages stemming from loss of grant funding.

https://twitter.com/RyanMaue/status/1899863562333389272

Yikes!💀

The plaintiff and his lawyers knowingly mislead the court with erroneous information, and “Dr. Mann knowingly participated in the falsehood, endeavoring to make the strongest case possible even if it required using erroneous and misleading information.”

https://twitter.com/RyanMaue/status/1899864622129414348/photo/1

“Setting aside questions of credibility or even perjury …” ORDERED that Plaintiff Michael E. Mann, Ph.D., is SANCTIONED for bad-faith trial misconduct relating to his use of Exhibit 517A, Exhibit 116, and Exhibit 117, and his counsel’s misrepresentations concerning the same

https://x.com/RyanMaue/status/1899866725316788314

4.9 52 votes
Article Rating

Discover more from Watts Up With That?

Subscribe to get the latest posts sent to your email.

220 Comments
Inline Feedbacks
View all comments
March 12, 2025 10:17 am

👍🤣😂

Bryan A
Reply to  Krishna Gans
March 12, 2025 11:45 am

Sounds like Mann’s Lawyer(s) stood up to ask for “Redirect” but delivered “Misdirect”

Wayne Raymond
March 12, 2025 10:20 am

I sure hope someone with more legal knowledge than I can simplify what all this means, beyond the fact that Michael Mann is a liar.

KevinM
Reply to  Wayne Raymond
March 12, 2025 10:29 am

(oops, deleted)

Curious George
Reply to  Wayne Raymond
March 12, 2025 10:48 am

His behavior in the court and outside is always the same.

Bryan A
Reply to  Curious George
March 12, 2025 12:03 pm

Tigers can’t Change their stripes, any easier than their rantings can change the climate

Reply to  Curious George
March 12, 2025 12:11 pm

Dr. Mann knowingly participated in the falsehood”

Exactly, what’s new?

Unfortunately, it probably won’t be possible for the Judge to rule on the veracity of the fraudulent paper itself, but you never know.

Reply to  philincalifornia
March 12, 2025 12:23 pm

Isn’t telling the court falsehoods a serious charge? Perjury?

Reply to  Ben Vorlich
March 12, 2025 12:31 pm

I just wonder if Steyn will pursue this further? Maybe he’ll be more focused on collecting. That’s pretty challenging.

Reply to  Curious George
March 12, 2025 12:24 pm

The court seems to agree with that. Skimmed thru the whole ruling posted at the link above, and in response to Mann’s defense against being sanctioned the court said; “Dr. Mann’s assertion that there was no falsehood or misrepresentation in his testimony or his counsel’s conduct borders on frivolity……,the record plainly shows the deliberate and knowing misconduct of Dr. Mann’s counsel in eliciting false testimony from Dr. Mann and misrepresenting his grant funding.”

Reply to  TimC
March 12, 2025 12:28 pm

I skimmed thru it all to find out what the penalty for this is to Mann and his lawyers and this is what I found;

“The Court determines that the appropriate sanction is to award each Defendant the approximate expenses they incurred in responding to Dr. Mann’s bad faith trial misconduct, starting with Mr. Fontaine’s redirect examination.”

oeman50
Reply to  TimC
March 13, 2025 6:57 am

He won’t pay it.

gezza1298
Reply to  oeman50
March 14, 2025 7:13 am

His backers would anyway but I believe he never paid Tim Ball.

Reply to  TimC
March 12, 2025 6:54 pm

Cool! Just because Mann says it is so doesn’t make it so. That applies to everything Mannian.

David A
Reply to  Curious George
March 13, 2025 3:09 pm

Indeed “Liars figure and figures lie.”

joe-Dallas
Reply to  Wayne Raymond
March 12, 2025 11:20 am

I am not an attorney (nor do I play one on TV). My understanding is that it is rare for a judge to issue sanctions.

One other more serious point. Mann was a serial liar throughout the trial demonstrating extremely low personal ethics. The question is why anyone would trust his professional work when his personal ethics are so pathetic?

Reply to  joe-Dallas
March 12, 2025 11:32 am

It would appear that he couldn’t prosper as a geophysicist or mathematician and therefore decided to declare himself a climatologist, where the bar is lower.

joe-Dallas
Reply to  Clyde Spencer
March 12, 2025 11:49 am

A huge part of the claim of decreased funding rested on a very large grant in the earliest of the 4 years which was actually split among several researchers. Correcting for that distortion, mann actually had an increase in funding in the four years after Simberg’s/Steyn’s post.

The judge missed that distortion.

Reply to  Clyde Spencer
March 12, 2025 11:13 pm

There’s a bar?

Reply to  Clyde Spencer
March 13, 2025 6:18 am

Climatologist, astrologist, metaphysicist, and palm reader. All seem to be on equal scientific standing.

Reply to  Wayne Raymond
March 12, 2025 11:21 am

If you graphed Mr. Mann’s dishonest responses as the trial progressed, it would look like a hockey stick!

Bill_W_1984
Reply to  pillageidiot
March 12, 2025 1:09 pm

I regret to inform you that joking about Michael Mann and hockey sticks is slander. You will be hearing from his lawyers soon! 🙂 (or perhaps not ……)

joe-Dallas
Reply to  pillageidiot
March 12, 2025 2:38 pm

Pillage – If you graphed all mann’s dishonest statements as the trial progressed, the HS blade would be at the start and never trend down!

Reply to  Wayne Raymond
March 12, 2025 11:24 am

Yeah! How many years is Michael Mann and his lawyers going to get behind bars?

Jeff Alberts
Reply to  Tom Abbott
March 12, 2025 6:26 pm

Are.

paul courtney
Reply to  Wayne Raymond
March 12, 2025 11:30 am

Mr. Raymond: Lying is wrong, here he and his lawyers lied to a court and jury during trial. That’s easy to claim, almost never proven, here it’s proven beyond dispute that they produced false exhibits to prove damages. Very rare to see sanctions like this.

AlanJ
Reply to  Wayne Raymond
March 12, 2025 11:57 am

I’m not a lawyer, but after reading the court ruling, here’s my understanding of what happened:

During pretrial proceedings, a spreadsheet listing Michael Mann’s grant proposals, both funded and denied, was introduced. This spreadsheet contained inaccuracies, which had been corrected in earlier pretrial proceedings.

During cross-examination, the defense introduced the original, uncorrected version of the spreadsheet into evidence. Mann’s lawyers then used this same uncorrected version to demonstrate that some of Mann’s grant proposals had been denied after Steyn’s remarks were published. They did not reference or correct the dollar amounts listed, as those figures were not relevant to their argument.

The defense acknowledged that the dollar amounts had been superseded but did not initially object to the spreadsheet’s use. Mann’s team later presented a blown-up section of the document to make it easier to read.

During cross-examination, the defense then challenged Mann on the inaccuracies in the uncorrected spreadsheet.

The defense later moved for sanctions, arguing that Mann and his lawyers knowingly presented a document with incorrect figures to the jury before the corrected version was shown and did not clarify the inaccuracies until the defense raised the issue during cross-examination.

There was significant, chaotic back-and-forth between both legal teams and the court over the issue during the trial.

Reply to  AlanJ
March 12, 2025 12:14 pm

 here’s my understanding of what happened”

I think you will find that people on here won’t give a sh!t what your understanding is, and will go with the Judge’s understanding.

AlanJ
Reply to  philincalifornia
March 12, 2025 12:17 pm

I think my understanding is aligned with the ruling, but please feel free to point out where you think it’s off base.

Reply to  AlanJ
March 12, 2025 12:35 pm

Sorry I seem to have run out of troll food. Looks like paul courtney had some left for you.

paul courtney
Reply to  philincalifornia
March 14, 2025 3:38 am

Mr. phil: I did! Cheaper than birdseed, and Mr. J has the brain for it.

Reply to  AlanJ
March 12, 2025 1:22 pm

Well the linked PDF said

Because the Court, quite frankly, was impressed, stunned that plaintiff had put before the jury an exhibit— a chart that indicated names of funding proposals and dollar amounts. And then Ms. Weatherford [counsel for Mr. Simberg] had to come back with an exhibit to show that 50 percent of the exhibit was erroneous.

And that suggests it was a chart, not a spreadsheet, that was used in evidence by Mann’s team, not Steyn’s team and therefore was not a simple version error started by Steyn.

I’m yet to read the detail but perhaps you could quote something from the document to support your understanding.

AlanJ
Reply to  TimTheToolMan
March 12, 2025 1:38 pm

I’m calling it a spreadsheet – I don’t know what the format of the exhibit was, it was a listing of grants Mann had received or not received, with dollar amounts. The first mention in the document is (bolding mine):

Ms. Weatherford specifically directed Dr. Mann’s attention to his written answers to Defendants’ interrogatories concerning his grant funding, id. at 73:22-74:07, as first set forth in his June 22, 2020 supplemental answers to National Review, Inc.’s first set of interrogatories, id. at 74:07-77:15 (discussing redacted version of Exhibit 517). The Court received into evidence without objection a redacted version of Exhibit 517

This is when defense’s counsel brought the exhibit out. Mann’s counsel then brought this exhibit back out several days later as part of their cross examination:

Mr. Fontaine then returned with his redirect examination. Trial Tr., 1/29/24 PM, 7:18-25. After several questions related to Pennsylvania State University’s investigation of Dr. Mann, id. at 8:04-14:20, and Dr. Mann’s decision to sue Defendants upon learning from another “science communicator” of Defendants’ writings, id. at 14:21-20:07, Mr. Fontaine turned to Exhibit 517

Stating, “I’m showing you Exhibit 517, which Ms. Weatherford placed into evidence last week.”

The defense counsel initially objected because it wasn’t the redacted version they had presented last week, but the judge overruled the objection, and defense counsel said, “the discovery responses in 517 have been superseded, so they are not, in fact, the plaintiff’s discovery responses in this case—current responses.” But this was not raised as an objection: “You know what? Your Honor, your point is well taken on this. If they want to go ahead and show the old responses, we’ll deal with it. ”

It’s all very convoluted and hard to follow.

Reply to  AlanJ
March 12, 2025 3:12 pm

The Court received into evidence without objection a redacted version of Exhibit 517

Exhibit 517 was created from Exhibits 102 and 103

Ms. Weatherford’s objection rested on Exhibit 517 containing information subject to the Court’s in limine ruling that information related to one  Dave Verardo’s funding of Dr. Mann’s research was inadmissible. Id. at 21:11-16 (explaining  Page 13 of 46 that Exhibit 517 was a composite of charts from Dr. Mann’s Exhibits 102 and 103, which were ruled inadmissible). 

So the revised (redacted) document missed the “Dave Verardo’s funding” and didn’t correct the other funding quantity issues. This is from the court document

Ms. Weatherford then inquired whether Dr. Mann had “made numerous changes to the grants that [he was] claiming are at issue in this case,” which drew an affirmative answer.  Id. at 60:07-10. Ms. Weatherford proceeded to display the fifth page of Exhibit 1048A— reflecting a chart of unfunded grant applications as set forth in Dr. Mann’s March 2023 revised responses—on the courtroom’s television screens while simultaneously putting up a demonstrative containing enlarged text of the corresponding chart from Exhibit 517A, Dr. Mann’s June 2020 responses. Id. at 60:13-62:20. Ms. Weatherford identified two changes to the dollar amounts of certain unfunded grants: 

Here we have the court dialog between Mann and Steyn’s lawyer

Q.  In your June 2020 responses, you claim that the amount at issue for that grant was $9,713,924; is that correct? 

A. Correct.

Q. And then in your March 2023 responses you change that amount down to $112,000; is that correct? 

A. Yeah. Actually— 

[. . .] 

Q. Your counsel can ask you a follow-up about it. So from your June 2020 answers under penalty of perjury to your March 2023 answers under penalty of perjury, the amount of that not funded grant after the blog post changed from about $9.7 million to $112,000; isn’t that right? 

A. 

Yes, it did. 

[. . .] 

[Q.] Okay, so that one is wrong. 

There was more of this. It was a shambles for Mann.

Reply to  AlanJ
March 12, 2025 1:28 pm

In your understanding, did Mann lie to court and jury? Yes or no.

AlanJ
Reply to  michel
March 12, 2025 1:44 pm

I think Mann went along with his legal counsel not disclosing the inaccuracies in the exhibit to the jury. Whether that is because he didn’t understand what the issue was or because he knew and thought not mentioning it would help his case isn’t evident.

His legal counsel insisted that they weren’t intending to present misleading evidence, but the judge viewed it as a “should have known better” kind of scenario.

Reply to  AlanJ
March 12, 2025 2:57 pm

So …. he lied.

AlanJ
Reply to  Gunga Din
March 12, 2025 7:40 pm

He didn’t lie, he truthfully answered questions about the exhibit, and acknowledged that the numbers had been revised when asked. The judge alleges a lie by omission, but doesn’t actually demonstrate a knowing omission that can’t be explained by simple misunderstanding.

Reply to  AlanJ
March 12, 2025 9:03 pm

He didn’t lie, he truthfully answered questions about the exhibit, and acknowledged that the numbers had been revised when asked. The judge alleges a lie by omission, but doesn’t actually demonstrate a knowing omission that can’t be explained by simple misunderstanding.

You’re just making all that up.

Mann’ original document, Exhibit 517 included hugely inflated damages. Mann testified to those damages in 2020.

Mann’s revised document, Exhibit 1048A reduced the damages figure from nearly $10M to just over $100K and he testified to that in 2023

Steyn’s lawyers took Mann to town on the perjury and the judge agreed.

You dont get to make up massive damages and then later change your story when it becomes obvious they’re not real.

AlanJ
Reply to  TimTheToolMan
March 13, 2025 4:18 am

Except the basis of this ruling was not perjury. If it was, the judge would have referred the case for criminal investigation, which did not happen here. The basis of the ruling was litigation misconduct and violations of professional ethics by Mann’s legal team.

Mann’s original revision of the written deposition was not found to be perjury because there was zero evidence that the original incorrect figures were submitted with the intent to deceive. The federal and state rules of civil procedure allow for corrections via supplemental disclosures, which is what happened here. And in fact if a witness realizes they made a mistake they are expected to correct it, which is what happened in 2023.

The defense was not alleging perjury in this request for sanctions, and the judge did not find that it had been committed.

Reply to  AlanJ
March 13, 2025 5:50 am

The defense was not alleging perjury in this request for sanctions, and the judge did not find that it had been committed.

It would be pretty much impossible to prove intentional perjury but its easy to make the case for misconduct. To change the damages claim from $10M to $100K is beyond simple error.

AlanJ
Reply to  TimTheToolMan
March 13, 2025 6:28 am

It would be pretty much impossible to prove intentional perjury but its easy to make the case for misconduct.

I agree. My criticism is that the judge’s insinuation of intention misconduct seem excessive given that it was not proven that the misconduct was intentional. But that is just my opinion – the judge can feel his personal feelings as long as the ruling is fair, which it was.

It seems that we both agree that intent was not established.

To change the damages claim from $10M to $100K is beyond simple error.

This wasn’t a point at issue in the ruling.

Reply to  AlanJ
March 12, 2025 1:45 pm

Ok here’s my interpretation.

Mann submitted the inflated figures to trial and they were accepted.

Citing Dr. Mann’s testimony on January 24, 25, and 29, 2024, Dr. Mann’s introduction of Trial Exhibit 117 and use of Trial Exhibit 517A, and representations Dr. Mann’s counsel made on  January 31, 2024, Defendants contend as follows:

(1) Dr. Mann’s claims should be dismissed; 

(2) Dr. Mann should be precluded from presenting any evidence of alleged loss of grant funding and that any such evidence be excluded;

(3) Dr. Mann should be limited to nominal damages; 

(4) Defendants’ motions for judgment or mistrial should be granted; and

(5) Defendants should be awarded fees for the expenses incurred in responding to Dr. Mann and his counsels’ misconduct.

Later for some reason Mann attempted to submit defensible figures but Steyn’s team objected. Then Steyn’s team grilled Mann on his inflated figures.

Dr. Mann’s testimony was based on Trial Exhibit 1048A, which contained accurate information, and that Dr. Mann did not discuss information he knew to be inaccurate); Pl.’s Consolidated Opp’n 1 (contending Defendants failed to identify any false answer). Dr. Mann further contends that any presentation of inaccurate information is wholly the fault of Defendants, as Defendants successfully sought the exclusion of exhibits containing the accurate information (Exhibits 102 and 103), secured the admission of the exhibit with the outdated information (Trial Exhibit 517A), and extensively cross-examined Dr. Mann on the “mistakes” he made within the varying versions of his interrogatory responses concerning his alleged lost grant funding.

There is no mention of “Pre trial” anywhere there.

So the important difference between what I understand to have happened and what you believe to have happened is that Mann did intentionally try to mislead the court and Steyn roasted him for it.

AlanJ
Reply to  TimTheToolMan
March 12, 2025 1:58 pm

That isn’t how it played out based on my reading. During discovery (what I mean when I say pretrial – I’m not a lawyer and don’t know the vernacular), Mann provided a list (compiled, he said, by his lawyers), of grants that he either received or was denied, before and after Steyn’s column. This list was later revised.

During the trial, the defense lawyer’s brought out the original, uncorrected list (for reasons I don’t quite follow) during a cross examination of Mann, with some items redacted (because they were deemed inadmissible). This exhibit was received into evidence as exhibit 517A.

In the following days, Mann’s lawyers brought out the original exhibit (the unredacted version of 517A) during cross examination of Mann, to ask about the list of grants (without referencing the dollar amounts). The defense initially objected to use of the unredacted version (which the court denied), but did not object to the use of the uncorrected figures (but noted that they would address them later).

Mann’s lawyers then presented a zoomed-in version of 517A, and this was admitted into evidence as exhibit 117.

Then the defense lawyers brought out 517A and 117 and grilled Mann on them. In a sense Mann’s lawyers are right that it was a trap, and they fell for it, but it would have been easy to avoid had they just deferred in presenting 517A.

Reply to  AlanJ
March 12, 2025 2:43 pm

Then the defense lawyers brought out 517A and 117 and grilled Mann on them. In a sense Mann’s lawyers are right that it was a trap

It wasn’t a “trap”, they submitted incorrect, indefensible information about the most important aspect of the case from Mann’s point of view. ie the damages.

This statement from the court document summarises Mann, I think.

And the evidence will show that every time his story changed, he couldn’t even get a dozen grants right. His sworn responses were littered with errors that he had to change, and he’s going to expect you to believe that the complicated statistics behind his Hockey Stick are  unimpeachable.

AlanJ
Reply to  TimTheToolMan
March 12, 2025 2:56 pm

They submitted it, then submitted a correction. The defense team drew out the uncorrected information, unprompted, and admitted it into evidence. Mann’s legal team then referred to this uncorrected version of the information during a cross examination.

It’s hard to imagine that Steyn’s legal team didn’t see the opportunity there.

Reply to  AlanJ
March 12, 2025 3:50 pm

From my reading they…

They submitted it,

It was accepted by the court and they testified against it

then submitted a correction.

And then testified against that. It wasn’t a trap or an error, it was a massively inflated claim of damages in the first instance. And the judge could see through the argument it was in error to the fact it was submitted to deceive.

AlanJ
Reply to  TimTheToolMan
March 12, 2025 4:21 pm

The corrected version had already been submitted, as I understand, and it isn’t clear to me why the defense brought the uncorrected version out during the cross examination.

I’m not at all saying the defense acted inappropriately. If anything they took advantage of a good strategic opportunity.

Laws of Nature
Reply to  AlanJ
March 12, 2025 5:27 pm

you mean in your reading, right?

In reality, the defense picked up on the false testimony, like TimTheToolMan explained to you right now, here is it one more time..

“””It was accepted by the court and they testified against it

then submitted a correction.

And then testified against that.”””

“they” and “them” being Mann and his lawyers, all the defense did, was exposing a wrongful testimony and the court now finds this was done by “them” in bad faith.
Also relevant in this context is, that the deflated numbers seem to directly contradict one “their” core claim, grant damages due to the defendants behavior.

Reply to  AlanJ
March 12, 2025 5:36 pm

it isn’t clear to me why the defense brought the uncorrected version out during the cross examination.

Steyn’s lawyers brought out both versions.

Its very clear and I’ve posted an excerpt above. Basically in 2020 Mann testified against the “uncorrected” version. Then they submitted a corrected version in 2023 and Mann testified against that one. Mann straight out perjured himself.

Reply to  TimTheToolMan
March 12, 2025 5:39 pm

And here’s the link to the comment if you’re not sure which post I’m referring to (and Laws of Nature saw too)

https://wattsupwiththat.com/2025/03/12/breaking-judge-sanctions-michael-e-mann-for-bad-faith-trial-misconduct-in-mann-v-free-speech/#comment-4048349

AlanJ
Reply to  TimTheToolMan
March 12, 2025 7:14 pm

You aren’t accurately characterizing the proceedings. The defense brought out the original, uncorrected version. Mann had already submitted the corrected version a year earlier, in 2023, and had acknowledged the inaccuracies that had been corrected at that time. This was not new information being presented to the court. The defense for some reason chose to pull out the older incorrect version and admit it into evidence (the ruling gives sparse details as to why). Mann’s lawyers used the version that had been admitted into evidence instead of bringing out the corrected version (again the ruling gives sparse details as to why).

Reply to  AlanJ
March 12, 2025 8:50 pm

The defense brought out the original, uncorrected version. Mann had already submitted the corrected version a year earlier, in 2023, and had acknowledged the inaccuracies that had been corrected at that time.

The defence brought out the version of the document Mann had testified to in 2020. They also brought out the “corrected” document Mann testified to in 2023.

Where did Mann acknowledge inaccuracies according to the court documents or are you making that up?

What Mann did was lie under oath in 2020 using incorrect damages that made his case look stronger. That’s what the judge determined.

Reply to  AlanJ
March 13, 2025 8:47 am

AlanJ, why are you right and the judge wrong?

AlanJ
Reply to  mkelly
March 13, 2025 10:30 am

This isn’t about right or wrong, it is simply about imputing intent. The judge is convinced that it couldn’t have been a simple error, I am not. Unless there were some documentary evidence establishing intent (maybe a text message or email saying, “let’s trick the jury”), the judge’s feelings are as valid as mine – he is essentially making an argument from incredulity.

I also think the judge is missing or deliberately ignoring his own role in the events – pretrial management and evidentiary disputes are the court’s responsibility, and the evidentiary issues around presenting the exhibit should have been clarified beforehand, not in the middle of testimony.

But this has little bearing on whether the ruling on sanctions was valid, because that hinges simply on whether Mann’s lawyers failed their obligation to prevent misleading information from reaching the jury, which they objectively did.

Leon de Boer
Reply to  AlanJ
March 12, 2025 6:35 pm

AlanJ if it was Mann’s lawyers fault the judge would have slapped the lawyers (he has several options) he clearly didn’t think it was the lawyers fault the client was involved willingly because he slapped Mike Mann as well.

The extension to this is Mike Mann now has a legal finding of dishonest behaviour. Someone familiar with this states law can probably tell us is Steyn et al can ask the DPP to pursue perjury charges or is the having to pay the court costs the end of the matter.

Reply to  AlanJ
March 12, 2025 7:07 pm

Once you plead ignorance of law, “I’m not a lawyer, ” then have your derriere handed to you following Mannian style misdirection, you continue to double down on “my understanding ” when it is clearly demonstrated that you have “no understanding”.
Am I clear enough?

AlanJ
Reply to  Streetcred
March 12, 2025 7:49 pm

The discussion so far has rather served to reaffirm my understanding. The events took place as I outlined in my initial comment. Perhaps you will benefit from going back and reading more carefully before trying to jump in again.

Reply to  AlanJ
March 12, 2025 8:43 pm

The discussion so far has rather served to reaffirm my understanding. 

I guess you didn’t read the relevant section of the document I quoted above then. How can you read that and come to your conclusion?

AlanJ
Reply to  TimTheToolMan
March 13, 2025 4:20 am

Because my understanding is based on not just that section of the document, but the entire thing, and that section is completely consistent with my understanding and what I’ve said in this thread.

Reply to  AlanJ
March 13, 2025 5:59 am

Mann provided a list (compiled, he said, by his lawyers), of grants that he either received or was denied, before and after Steyn’s column. This list was later revised.

You missed the vital part where Mann testified under oath to the figures in the original list. They weren’t submitted and quickly corrected. The correction came years later and it looks like blog posts were involved where people noticed the figures were inflated.

You can argue Mann didn’t know the figures were inflated and its impossible to prove otherwise. But we all know that’s a lie. He knew what he was doing when he submitted the $10M figure because he will have intimately known his part of the budget was $100K

AlanJ
Reply to  TimTheToolMan
March 13, 2025 6:34 am

You can argue Mann didn’t know the figures were inflated and its impossible to prove otherwise.

Right, so claiming that he did is baseless. You have to concede that you’re engaging in conjecture, based on prejudice you hold personally against Mann.

Mann’s defense is that his legal team prepared the original document based on public information and that he corrected the errors when they were found. Nothing presented during the trial or during this hearing contradicts that. And, vitally, the original submission of these incorrect figures was not at issue in this ruling. The issue was that Mann’s legal team displayed the incorrect figures before the jury without notifying the jury that the dollar amounts had been superseded.

Reply to  AlanJ
March 13, 2025 7:11 am

Mann’s defense is that his legal team prepared the original document based on public information and that he corrected the errors when they were found.

Just because something is impossible to prove doesn’t make it possibly false.

Mann certainly had a part in the deceit because he specifically testified to the figures and he certainly knew the difference between the $10M total and his $100K. He will have supplied them too.

There was more than one error made too.

Mann’s legal team displayed the incorrect figures before the jury without notifying the jury that the dollar amounts had been superseded.

Please quote the document to support this. The document explicitly mentions two events. One in 2020 where the original inflated figures were used and a second event in 2023 where the revised figures were introduced and used.

AlanJ
Reply to  TimTheToolMan
March 13, 2025 7:43 am

You need to go re-read my earlier summaries, I’ve already addressed the sequence of events, with references to the document. You are fixated on the original submission of the deposition with errors when that submission was not at issue in this hearing. What happened is as follows:

2020: Mann submits written discovery detailing grants funded and denied.

2023: Mann amends his responses to update incorrect dollar amounts associated with some of the grants listed.

2024: during cross-examination at trial, the defense for Steyn and Simberg introduce Exhibit 517A (a redacted version of Mann’s 2020 discovery responses).

Mann’s legal team then brought back exhibit 517A on redirect, to “refresh his memory” about the list of grants. The defense notes that the exhibit contains dollars amounts that have been superseded, but make no objection at the time. Mann’s lawyers zoom into a portion of the exhibit, and this is admitted to evidence as Exhibit 117.

On recross-examination, the defense brings back Exhibit 517A, and directs Mann to acknowledge the errors in the dollar amounts. The defense then introduces the corrected version from 2023 into evidence, walking through each error line by line. They then use a red marker to highlight the errors on Exhibit 117, and accuse Mann’s lawyers of knowingly showing incorrect dollar amounts to the jury.

The judge expresses shock at the incorrect figures being shown to the jury, and demands a briefing from each side overnight to determine whether the evidence has to be excluded.

The defense responds with a motion for sanctions for bad faith misconduct. Exhibit 117 is struck from evidence but 517A remains in the jury’s materials.

2025: The judged rules in favor of the motion for sanctions.

If there are factual errors in the outline here, please point them out.

The issue, then, was not Mann’s original submission of written discovery with incorrect dollar amounts, it was that the jury was exposed to the incorrect dollar amounts by Mann’s legal team without being informed that the dollar amounts had been superseded.

Why Mann’s legal team pulled out Exhibit 517A instead of introducing the version with correct figures into evidence is not clear. They might have thought they needed to respond to the exhibit that was already before the jury rather than introducing a separate corrected version, or they might have mistakenly assumed they could not use the corrected version on redirect because it wasn’t formally in evidence. They might, as the judge insists, have maliciously been trying to expose the jury to the wrong numbers, but there is no evidence of this intent.

Reply to  AlanJ
March 13, 2025 2:11 pm

2020: Mann submits written discovery detailing grants funded and denied.

Mann testifies that the figures reflect the damages he’s sustained.

2023: Mann amends his responses to update incorrect dollar amounts associated with some of the grants listed.

People pointed out that Mann’s figures were inflated. He didn’t get away with it. Mann again testifies the revised figures reflect the damages he’s sustained.

2024: during cross-examination at trial, the defense for Steyn and Simberg introduce Exhibit 517A (a redacted version of Mann’s 2020 discovery responses).

Steyn’s lawyers highlight the fact that Mann inflated his damage figures and the judge agreed it was likely a willful action on Mann’s part. The judge goes on to decide the actions were worthy of punishment.

This isn’t simple error or mistaken process. This is out and out deceit. The judge knows it. We know it. And Mann knows it.

The issue, then, was not Mann’s original submission of written discovery with incorrect dollar amounts, it was that the jury was exposed to the incorrect dollar amounts by Mann’s legal team without being informed that the dollar amounts had been superseded.

Then explain why Mann testified to the $10M being reflective of his damages.

AlanJ
Reply to  TimTheToolMan
March 13, 2025 2:49 pm

Mann testifies that the figures reflect the damages he’s sustained.

Right

People pointed out that Mann’s figures were inflated. He didn’t get away with it. Mann again testifies the revised figures reflect the damages he’s sustained.


The facts are right – errors were pointed out and Mann revised the figures. The rest is your own conjecture based on personal prejudice.

The judge goes on to decide the actions were worthy of punishment.

Nope. The judge thought that Mann’s attorneys displaying the original figures without informing the jury that the dollar amounts had been superseded was worthy of sanction.

I’m trying to believe that you’re arguing in good faith, but it is increasingly difficult to reconcile with your words.

David A
Reply to  AlanJ
March 13, 2025 3:52 pm

“I’m trying to believe that you’re arguing in good faith, but it is increasingly difficult to reconcile with your words.”
I will assume due to your prejudice in defending Mann that you were looking in a morroe when you said this.

Reply to  AlanJ
March 13, 2025 6:06 pm

I’m trying to believe that you’re arguing in good faith, but it is increasingly difficult to reconcile with your words.

That’s because somehow you have a belief that this isn’t about Mann’s original testimony claiming $10M damages. Its all about his (unprovable) perjury and it happened in 2020 before there even existed superseded figures.

It has nothing to do with “Mann’s attorneys displaying the original figures without informing the jury that the dollar amounts had been superseded”

I quoted the court transcript and you said it was something “more” than that but you haven’t provided any quote from the court proceedings to support your belief.

Reply to  AlanJ
March 13, 2025 6:27 pm

Maybe to make this clearer, here is the court transcript opening statement from page 2

Defendants contend that Dr. Mann engaged in prejudicial, sanctionable conduct through the knowing introduction to the jury of misleading and false testimony and exhibits in support of his claim for damages resulting from an alleged loss of grant funding as a consequence of Defendants’ statements.

And its clear from that its about the claim of exaggerated damages from Mann, not Mann’s lawyers using outdated figures later on.

AlanJ
Reply to  TimTheToolMan
March 13, 2025 6:46 pm

Not at all, because the jury had not seen the incorrect figures until they were introduced during the trial by the defense. That is when they were admitted into evidence. You purposefully omitted “and exhibits” from your bolded text.

The judge was solely concerned with the fact that Mann’s legal team had presented the jury with those incorrect figures and did not inform the jury of this during redirect when they brought the figures back out again. The judge was not alleging perjury, he was alleging procedural misconduct.

Reply to  AlanJ
March 13, 2025 8:52 pm

Not at all, because the jury had not seen the incorrect figures until they were introduced during the trial by the defense.

And what year do you think that was?

AlanJ
Reply to  TimTheToolMan
March 13, 2025 9:40 pm

In 2024, at trial. Mann’s responses in 2020 and 2023 were provided during discovery. The jury did not see this material until it was introduced as evidence during the trial. The defense entered his original responses from 2020 as evidence during cross examination. This was the first time the jury had seen this material. Mann’s lawyers pulled it back out again during their redirect. It was this second presentation of the figures, during testimony, that was at issue.

Reply to  AlanJ
March 13, 2025 8:58 pm

And I need to respond to this

The judge was solely concerned with the fact that Mann’s legal team had presented the jury with those incorrect figures and did not inform the jury of this during redirect when they brought the figures back out again.

Because it didn’t happen that way. I gave you the court dialog. Its very clear. Both sets of figures were being discussed. Both sets of figures were brought on display.

Here it is again

Weatherford proceeded to display the fifth page of Exhibit 1048A— reflecting a chart of unfunded grant applications as set forth in Dr. Mann’s March 2023 revised responses—on the courtroom’s television screens while simultaneously putting up a demonstrative containing enlarged text of the corresponding chart from Exhibit 517A, Dr. Mann’s June 2020 responses.

Followed by

Q.  In your June 2020 responses, you claim that the amount at issue for that grant was $9,713,924; is that correct? 

A. Correct.

Q. And then in your March 2023 responses you change that amount down to $112,000; is that correct? 

A. Yeah. Actually— 

[. . .] 

Q. Your counsel can ask you a follow-up about it. So from your June 2020 answers under penalty of perjury to your March 2023 answers under penalty of perjury, the amount of that not funded grant after the blog post changed from about $9.7 million to $112,000; isn’t that right? 

A. Yes, it did. 

[. . .] 

[Q.] Okay, so that one is wrong. 

You say

the jury had not seen the incorrect figures until they were introduced during the trial by the defense. 

But this is patently untrue. They saw the incorrect figures in 2020 when they were introduced (and testified to) by Mann.
.

AlanJ
Reply to  TimTheToolMan
March 13, 2025 9:43 pm

The jury was convened for the trial, which began in 2024. They did not see materials gathered during discovery or pretrial motions. The transcript you cite is the third instance of Mann’s 2020 responses being brought out during testimony. The defense brought out Mann’s 2020 responses and then entered his 2023 revisions as a new exhibit. It was at this time that the judge became concerned that the jury had been seeing the incorrect 2020 figures without having been informed of this by Mann’s legal team.

Reply to  AlanJ
March 13, 2025 11:43 pm

The defense brought out Mann’s 2020 responses and then entered his 2023 revisions as a new exhibit.

But that is the argument made by Steyn’s lawyers. The issue isn’t that the argument was made, the issue is that the argument could be made because Mann perjured himself.

Again, you dont get to inflate the damages when they’re central to the libel claim.

AlanJ
Reply to  TimTheToolMan
March 14, 2025 5:01 am

Steyn’s lawyers did not allege perjury, and the court made no move to introduce criminal charges. But such arguments are not germane to this hearing, which centered squarely on whether Mann’s legal team had engaged in procedural misconduct.

Again, you dont get to inflate the damages when they’re central to the libel claim.

According to Mann, he corrected the error as soon as it was identified. Imputing intentional deceit is baseless conjecture.

Reply to  AlanJ
March 14, 2025 1:36 pm

Steyn’s lawyers did not allege perjury,

They explicitly did and It’s in my quote.

Reply to  AlanJ
March 14, 2025 3:37 pm

According to Mann, he corrected the error as soon as it was identified. Imputing intentional deceit is baseless conjecture.

Here’s how I see it

Hypothetically if Mann had claimed damages under oath of $120K and they were actually $110K because a line item wasn’t actually part of the funded budget and had been included…then that’s one thing and would have been an error.

But Mann claimed damages under oath of $9.7M when they were actually $112K because Mann thought his importance was so great that the entire funded budget relied on him even though his part was only about 1% of that total. That’s not an error, that’s deceit.

Apparently the judge thought something similar too.

David A
Reply to  AlanJ
March 13, 2025 3:47 pm

based on prejudice you hold personally against Mann.”

Wow, you assume prejudice and ignore common sense.

Reply to  AlanJ
March 15, 2025 6:15 pm

LOL, good god give it up you are making a complete fool of yourself here as you keep disputing real court testimony that doesn’t support your climate god and your denials of it.

Reply to  TimTheToolMan
March 13, 2025 4:56 am

Eco-Nazis are immune to facts contrary to their belief system.

Reply to  AlanJ
March 13, 2025 4:55 am

Just as all the contrary evidence in the world will never change your “understanding” of “climate change.”

Mann is a dishonest POS and you’ll never acknowledge that truth because it tarnishes your “climate” hero. We get it.

Your mind is settled. No information to the contrary will change it. Just like the self-styled “climate scientists.”

David A
Reply to  AlanJ
March 13, 2025 3:43 pm

You are “defending the indefensible” like a lawyer yourself. It is really quite difficult to witness such a montage of weasel words. Perhaps you should defend that wome track athelete who wacked her fellow compeditor in the head and then said she stumbled.

Reply to  AlanJ
March 12, 2025 2:47 pm

All that Mann has done in his legal crap is try to silence any all opposition to his bogus “Hockey Stick”… the courts. He can’t defend it with data. That’s why he’s “settled” or dropped the case before he has to reveal his data and methods.
Mark Styne countersued. Mann couldn’t just drop it at the last minute.
He refused to pay Tim Ball what the court ruled. He’s refusing to pay the following legal cost he owes.
The amounts he owes and refuses to pay are his only genuine “hockey stick”.
What a parasite!

paul courtney
Reply to  AlanJ
March 12, 2025 12:24 pm

Mr. J: The significant, chaotic back-and-forth caused entirely by Mann and his lawyers? Caused by the intentional submission of a false exhibit to the jury?
Your watered-down version doesn’t answer Mr. Raymond’s question, because the answer must include the intentional deception found. Your attempt to make it sound like a mistake by the attorney is noted, but the judge found it was on purpose.

AlanJ
Reply to  paul courtney
March 12, 2025 12:40 pm

The significant, chaotic back-and-forth caused entirely by Mann and his lawyers?

Partly caused by Mann’s lawyers (partly inadvertently), partly caused by the defense, and partly caused by the judge (who seemed to not be running the courtroom well to begin with).

Again, I invite you to read the ruling and point out where I’m off base. The judge found that Mann’s lawyers knowingly presented inaccurate information to the jury, recognizing that the errors in the spreadsheet could make Mann’s case appear stronger. That’s the basis for the finding of intentional deception.

Mann’s legal team’s counterargument is that they didn’t introduce the chart, the defense did, and that the defense didn’t object to its use during cross-examination. However, the judge rejected this reasoning, holding that Mann’s lawyers had an obligation to clarify the inaccuracies for the jury regardless.

Reply to  AlanJ
March 12, 2025 12:56 pm

I’m sure the Judge knows far more about the case than you pretend to.

And he ordered that Mann be SANCTIONED for for bad faith trial misconduct.

AlanJ
Reply to  bnice2000
March 12, 2025 2:01 pm

I never said I disagreed with the ruling. You are all attacking me because you have personal prejudices precluding you from objectively evaluating my comments.

Reply to  AlanJ
March 12, 2025 2:52 pm

You are just making up nonsense, based on things you obviously don’t comprehend.

Mann got SANCTIONED for for bad faith trial misconduct.

Feeble attempts to downplay this, are just that.. feeble.

Me, biased?. look in the mirror, if you can. !

AlanJ
Reply to  bnice2000
March 12, 2025 3:30 pm

I’ve not downplayed it, you’ve just assumed so without actually addressing anything I’ve said or raising a substantive objection.

Reply to  AlanJ
March 12, 2025 2:59 pm

I never said I disagreed with the ruling.”

So Mann lied and you agree that he lied?

Leon de Boer
Reply to  Gunga Din
March 12, 2025 6:40 pm

No he knowing lied in a trial … that is why he has been slapped by the judge.

Reply to  AlanJ
March 13, 2025 6:12 am

….because you have personal prejudices precluding you from objectively evaluating my comments.

Not unusual in this echo chamber. However, I do suspect a bit of foul play by Mann and his counsel in all of this

AlanJ
Reply to  Neutral1966
March 13, 2025 6:45 am

I think it was incompetence on the part of Mann’s legal team. But the trial overall seems to have been poorly managed and had excessive confusion, hostility, and reactive decision-making from the bench.

Bill_W_1984
Reply to  AlanJ
March 12, 2025 1:12 pm

I agree with you about the judge. He should have never allowed Oreskes to testify.

Reply to  AlanJ
March 12, 2025 1:49 pm

I invite you to read the ruling and point out where I’m off base.

That’s been done above with direct quotes. I invite you to point out why you made your interpretation.

Reply to  AlanJ
March 12, 2025 12:52 pm

Judge ordered that Mann be SANCTIONED for bad faith trial misconduct.

Get over it. !!

Reply to  AlanJ
March 12, 2025 1:25 pm

Bottom line seems to be that the judge has ruled that both Mann and his attorneys deliberately lied to court and jury, and he has accordingly imposed financial sanctions to compensate Steyn.

Do you agree or disagree with this?

AlanJ
Reply to  michel
March 12, 2025 1:45 pm

That is the ruling, yes. That is not the whole context behind the ruling, which I am attempting to articulate.

Reply to  AlanJ
March 12, 2025 2:46 pm

…… and failing.

Here you go, but you have to jump through another hoop for it:

Screenshot-2025-03-12-at-2.45.13 PM
AlanJ
Reply to  philincalifornia
March 12, 2025 2:54 pm

Phil, you are littering the threat with pointless faff and attempting to instigate inflammatory exchanges, degrading the quality of discourse for everyone on the site. There is a troll here, but it is not me. You can choose to be better than this.

Reply to  AlanJ
March 12, 2025 3:09 pm

Naaaah, I am who I am. That ain’t gonna change.

AlanJ
Reply to  philincalifornia
March 12, 2025 7:50 pm

That’s a poor attitude, it’s never too late to better yourself.

Reply to  AlanJ
March 12, 2025 3:16 pm

Your pearl-clutching is most amusing.

Reply to  AlanJ
March 12, 2025 3:03 pm

That is the ruling, yes. That is not the whole context behind the ruling, which I am attempting to articulate.”

That is the ruling, yes. That is not the whole context behind the ruling, which I am attempting to obfuscate.

AlanJ
Reply to  Gunga Din
March 12, 2025 3:35 pm

I’ve invited all to correct me where I’ve gone off base. Only timthetoolman has tried to actually engage with anything I wrote. I don’t even think half of you actually read it.

Reply to  AlanJ
March 12, 2025 4:06 pm

Stop self-aggrandizing troll. Up to 50% ?? I doubt that 10% of people on here read your sh!!te. I just do it for sport.

Laws of Nature
Reply to  AlanJ
March 12, 2025 5:33 pm

you are littering the threat with pointless faff and attempting to instigate inflammatory exchanges

paul courtney
Reply to  AlanJ
March 13, 2025 4:12 am

Mr. J: I corrected you (many others too). Specifically, I said you left out the parts of the court’s decision that utterly debunk the “mistake” notion you are desperate to revive, because you can’t handle that your hero Mann lied (intentional false statement). You try to defend your silly notion by obscuring the actual court findings with “my understanding” and “giving context.” You are in fact trying to remove context by reading the decision and quoting parts while ignoring other parts. And you strain your mental assets to defend (obscure) Mann’s misconduct IN A CASE HE FILED! TO “VINDICATE” HIS REPUTATION!!
I note you are alone, commenters here have figured you out and get tired of your trolling. I never get tired of flushing out your posts, and then watch as you pretend you have not been taken down.

AlanJ
Reply to  paul courtney
March 13, 2025 4:46 am

Paul, it is unquestionably possible that Mann’s legal team made a simple error. It does not make the error excusable, but there is no indication otherwise. The judge seems personally to be quite convinced that they acted knowingly, but fails to actually show this in evidence, and the judgement doesn’t depend on whether the actions were made knowingly or not.

I note you are alone, commenters here have figured you out and get tired of your trolling. I never get tired of flushing out your posts, and then watch as you pretend you have not been taken down.

Fascinatingly, being the only person in the thread who has read the entire document puts me at a distinct disadvantage, because the other commentors who are ignorant of its contents are free to make up whatever they like. Sort of a Schrödinger’s cat if you will.

paul courtney
Reply to  AlanJ
March 13, 2025 5:16 am

Mr. J: Not fascinating is your idea that, since you read the whole decision, you know better than the judge who was there. Fascinating is how you know no other commenter read the decision.

AlanJ
Reply to  paul courtney
March 13, 2025 6:01 am

Nowhere did I say I know better than the judge. The outcome was reasonable, but the judge’s tone and assumptions about intent were excessive. The ruling assumed intent when incompetence or negligence was a more plausible explanation.

Fascinating is how you know no other commenter read the decision.

TimTheToolman is the only commentor who has offered substantive replies based on the content of the document, and has noted that he only has had time to skim it. So there is no evidence that anyone else has bothered to become informed before diving in.

paul courtney
Reply to  AlanJ
March 13, 2025 12:54 pm

Mr. J: “but the judge’s tone and assumptions about intent were excessive.” So right here, you know better than the judge. You are plainly out of your depth when you try to use words.
You also don’t grasp the words “substantive replies”. I explained it to you, bounced right off your head (sounded like a coconut hit by lead pipe, I bet).
Your comment that the judge made “assumptions” about the intent found (in spades, as you note) just shows your ignorance. Let’s turn the table for a moment, above you say you “nowhere” said you know better than the judge. Please quote where this judge said he made an assumption, or used the word “assume” or any derivative to describe the basis of the intent finding. Bet you can search it, I won’t bother. Perfect opportunity for you to really burn me here! Go ahead………. It’s gonna be “nowhere”, a word you grasp.

AlanJ
Reply to  paul courtney
March 13, 2025 1:09 pm

The judge nowhere acknowledged that he was inferring intent without documentary evidence. This is a testament to his own potential blind spot, not an error in my assessment. I can express my view that the judge was being excessive in his insistence on intentional malice without believing that I understand the law better than he does.

paul courtney
Reply to  AlanJ
March 13, 2025 2:11 pm

Mr. J: Just as you “nowhere” say you know better than the judge, even as you express it in other words. “Documentary evidence” of intent??!! “Intent” is never documented unless there’s a signed confession. There’s often no direct evidence of intent, it can only be inferred from the words and actions of (here) Mann and his lawyers. That’s what the judge did, and you don’t grasp it. You have no clue how this works, and you show it over and over, yet you continue to comment, continue to demonstrate your ignorance. The judge “insisted” on finding an element of misconduct, IT WAS THE ISSUE TO DECIDE!! Your comments demonstrate that you are not even wrong, yet you go on.

AlanJ
Reply to  paul courtney
March 13, 2025 2:28 pm

You’re agreeing with me, just in a very testy and contentious tone. Reframe your mindset from needing to attack me incessantly and focus on what I’m actually saying. It’ll do wonders for your blood pressure.

paul courtney
Reply to  AlanJ
March 14, 2025 3:54 am

Mr. J: When I say “you have no clue”, I’m agreeing with you?? When I say “you are not even wrong”, I’m agreeing with you?? And you say I’m not focusing on what YOU say??!! No comments here penetrate your iron dome, all I do is repeat your own comments to take down what you say. Blood pressure not an issue because you make it so easy. The fact that you will rinse/repeat your broken arguments in 3..2…1 does not push my button.

AlanJ
Reply to  paul courtney
March 14, 2025 7:29 am

My contention: there is no documentary evidence of deliberate intent to deceive. The judge is inferring intent.

Your counterargument: there is no documentary evidence of deliberate intent to deceive. The judge is inferring intent.

The fact that you are adding bald statements of objection alongside your agreement does not mean you are actually saying anything at odds with what I’m saying. If you were here to have a discussion in good faith instead of flatly contradicting every single thing I say, we wouldn’t actually be having a contentious debate right now.

paul courtney
Reply to  AlanJ
March 14, 2025 1:21 pm

Mr. J: You now attempt to enter a contention about documentary evidence for the first time in your long, long, long comment thread. Your actual contention, which draws so much deserved ridicule, is that the judge made assumptions and inferences with no evidence, demonstrating your profound ignorance on the subject. After hoisting your own petard, you now try to gaslight me with “Oh, you agree with me….” Nice try, but your “good faith discussion” trolling is exposed after your ignorance. I tried to warn you how out of your depth this is, but you insist. Now you have bored the whole audience. Again.

David A
Reply to  AlanJ
March 13, 2025 4:01 pm

the judge’s tone and assumptions about intent were excessive.” I think you mean foundationrional.

David A
Reply to  AlanJ
March 13, 2025 3:58 pm

You agree with the ruling means you accept intentional misleading false presentation of damages, and want to twist that to “whoops, my attorneys did it.”

paul courtney
Reply to  David A
March 14, 2025 3:59 am

Mr. A: Nicely boiled down. Bounced off him.

Reply to  AlanJ
March 15, 2025 6:20 pm

BWAHAHAHAHAHA!!!

You have been corrected many many times your responses are to duck and weave promoting a stupid narrative that is a lie, read it again:

Judge ordered that Mann be SANCTIONED for bad faith trial misconduct.

Reply to  AlanJ
March 12, 2025 4:23 pm

OK, we now agree that the judge ruled that both Mann personally, and his attorneys, deliberately lied to the court.

Do you think the judge was right or wrong to have ruled this? Do you accept that both Mann and his attorneys lied to the court?

AlanJ
Reply to  michel
March 12, 2025 7:18 pm

I think the ruling itself was fair, I also think the judge was dipping into making a lot of unfounded accusations about intent which weren’t in evidence. The actual wrongdoing appears to be a screwup by Mann’s lawyers.

Reply to  AlanJ
March 13, 2025 3:13 am

If it was a screw-up by Mann’s lawyers, why did Mann not correct his deposition before submitting it a second time?

AlanJ
Reply to  Graemethecat
March 13, 2025 4:22 am

Mann did correct his deposition before submitting it a second time. That is why he submitted it a second time.

Reply to  AlanJ
March 13, 2025 8:55 am

But only after the discrepancy was pointed out.

Reply to  AlanJ
March 12, 2025 3:12 pm

Wishful thinking from AnalJ.

Hotel 2 Oscar
Reply to  AlanJ
March 13, 2025 4:50 am

So what is your point? Mann and his legal team were found to preformed bad faith misconduct. Your rehashing has not changed that fact.

paul courtney
Reply to  Hotel 2 Oscar
March 13, 2025 5:23 am

Mr. Oscar: His desperate attempt to obscure the result failed, the funniest part is when he insists we don’t “engage”.

Hotel 2 Oscar
Reply to  paul courtney
March 13, 2025 9:22 am

What I find interesting is how much effort AlanJ puts into defending Mann. I do wonder if AlanJ actually felt this strongly about Mann why does he not say so in his own voice instead of the anonymous voice of AlanJ. But then again who the heck would tie their integrity to Michael Mann?

Dave Yaussy
Reply to  AlanJ
March 13, 2025 6:25 am

I’m not certain why AlanJ is being downvoted for simply reporting on what happened.

Reply to  Dave Yaussy
March 13, 2025 8:57 am

Because he is trying to justify dishonest conduct by Mann.

David A
Reply to  Dave Yaussy
March 13, 2025 4:04 pm

He is reporting on his own prejudicial view while calling reasonable perspectives backed by the judge, “prejudice”

0perator
Reply to  AlanJ
March 13, 2025 6:33 am

Hardest cope I’ve seen in 2025.

Reply to  Wayne Raymond
March 12, 2025 4:14 pm

I’m not a lawyer, but I do enjoy listening to trial coverage from time to time and have a cursory familiarity with some of the issues being discussed here.

The Rule3.3(a)(1) violations may have significant consequences for the lawyers. Rule3.3 is a section of the Model Rules of Professional Conduct of lawyers in the United States.

For a lawyer to knowingly (The knowing misrepresentation is important, it implies a mens rea, a guilty mind, in regards to the false information provided and is essential in any disciplinary action. If the lawyer did not personally know that the information was false, they could not have formed the intent to deceive) present false information to a court is a major ethical breach, not only could they face sanctions in the case in question, they could also be hauled before their State Bar association and face punishments up to (temporary or permanent) disbarment.

The verbiage of this ruling is very strong, as far as judicial rulings go. Judges are usually hesitant to make such conclusory statements regarding such ethical violations and potential perjury.

Even though it has been clearly shown that Michael Mann and his lawyers deliberately lied to the court, the likelihood of any perjury charges against him is extremely small. Perjury is almost never acted on, unless there is some political motive to prosecute someone.

MarkW
Reply to  Wayne Raymond
March 12, 2025 5:42 pm

Does the finding that Mann and lawyers lied to both the court and the jury have any impact on the verdict reached by the jury?
Reducing or even reversing it?

Leon de Boer
Reply to  MarkW
March 12, 2025 6:46 pm

That is the bit I was interested in but need someone familiar with the state law it varies depending on state.

KevinM
March 12, 2025 10:29 am

I wonder whether MM ever feels “used”.
eg, Somebody needed his chart. If he didn’t know what he was doing when he made it, he must by now. Yet he has no choice but to defend it or lose economic value.

KevinM
Reply to  KevinM
March 12, 2025 10:30 am

(cue Rolling Stones song? Sympathy…)

strativarius
Reply to  KevinM
March 12, 2025 10:44 am

Mann needed it… all.

Reply to  KevinM
March 12, 2025 2:50 pm

Despite your dislikes, I’m fairly sure that could have been what happened. Wasn’t he a grad student when he did it? Happy to be corrected on that last point.

KevinM
Reply to  philincalifornia
March 12, 2025 4:43 pm

Thanks phil. I take the -1s to mean “No, no sympathy!”

Reply to  KevinM
March 12, 2025 5:29 pm

Probably yes. When I was a Grad student, like most, I wasn’t so great at record-keeping. I had a half-way decent notebook, and by chance I made a really great discovery, which ended up in all kinds of patents and peer-reviewed papers. It shaped my career, but if anyone asked me to show my raw data and I was to be honest, I would say I possess none of that stuff, because I don’t.

In summary, I think your post is likely to be correct. He made a lot of money out of his whatever you want to call it. Now it’s time to pay the piper.

PS Just looked it up. He was a Post-Doc. Same thing applies – I have no idea where my Post-doc notebooks are. Everything just got published in major Journals – my advisor at UC San Francisco was an absolute monster scientist, grant-getter, paper-publisher. One of my heroes.

Jeff Alberts
Reply to  philincalifornia
March 12, 2025 9:33 pm

But Mann made that paper with at least two other scientists, Bradley and Hughes. Incompetence on the part of Mann doesn’t cut it. It was a very calculated paper, did exactly what was intended.

Reply to  Jeff Alberts
March 13, 2025 4:37 am

You’re probably right. Maybe he’ll be truthful about what actually happened one day, but I’m not holding my breath.

Jeff Alberts
Reply to  KevinM
March 12, 2025 9:29 pm

If he didn’t know what he was doing when he made it”

He absolutely knew. It was very calculated.

strativarius
March 12, 2025 10:30 am

the deliberate and knowing misconduct of Dr. Mann

I’ve just completed Mike’s [Mann] Nature trick of adding in the real temps to each series for the last 20 years (i.e. from 1981 onwards) – Climategate

“I received an astonishing email from a major researcher in the area of climate change. He said, ‘We have to get rid of the Medieval Warm Period! … In 1999, Michael Mann and his colleagues published a reconstruction of past temperatures in which the MWP simply vanished … ” —Dr. David Deming, testimony before the Senate Committee on Environment and Public Works, Dec. 6, 2006

He knows, alright.

Rud Istvan
March 12, 2025 10:40 am

To quote the late Gilda Radner on SNL: “Well, isn’t that special.”

Russell Cook
Reply to  Rud Istvan
March 12, 2025 11:01 am

In a roundabout way, nothing new or special about The Mann here, it’s just him continuing a pattern of putting out false assertions in bad faith. I covered an angle of that three years back on one of the provably false political accusations he wrote in his “The New Climate War” book. Frank Lutz there might’ve had grounds to sue The Mann for defamation.

The Chemist
Reply to  Rud Istvan
March 12, 2025 11:14 am

Rud, I believe that was Dana Carvey as “The Church Lady”.

Reply to  The Chemist
March 12, 2025 11:20 am

Maybe Rud was thinking of Jane Curtain (Substitute MM for Jane…), “Jane, you ignorant slut”

Jeff Alberts
Reply to  The Chemist
March 12, 2025 9:34 pm

Yeah, it was the Church Lady.

hdhoese
Reply to  Rud Istvan
March 12, 2025 12:08 pm

Also “NEVER MIND!” and didn’t they do “LAND SHARKS?”

Reply to  hdhoese
March 12, 2025 1:50 pm

“Candygram…”

March 12, 2025 10:55 am

The hits keep on coming.

March 12, 2025 10:58 am

Would such behavior constitute grounds for an appeal of the Mann v Steyn decision?

Reply to  Retired_Engineer_Jim
March 12, 2025 12:19 pm

That’s interesting, as I was involved in a very long court case saga as the corporate representative, and in the only jury case, the initial verdict went against us. The Judge (a highly prominent Judge who has been shortlisted for the SCOTUS) knocked the whole jury verdict over, just based on the bogus damages claims.

Bill_W_1984
Reply to  Retired_Engineer_Jim
March 12, 2025 1:16 pm

Well, Since Steyn won the case as the jury only awarded $1 damages and then the punitive damages was reduced to $5,000 it would seem there is no reason to appeal. And now the new payments Mann will have to pay will most likely be greater than $5,000.

Daniel E Hofford
Reply to  Charles Rotter
March 12, 2025 2:36 pm

What is the reason? I only ask so I, too, can know.

Reply to  Daniel E Hofford
March 12, 2025 3:22 pm

I dont know exactly what Charles had in mind but from my point of view, the decision as it stands sets an important legal precedent which shouldn’t be allowed to remain in law.

That precedent is that you can win a libel case without evidence of damages and that impacts free speech.

Leon de Boer
Reply to  TimTheToolMan
March 12, 2025 6:50 pm

That is how it plays in many legal systems the punitive part would be quashed because the payout was based on a falsehood. The $1 penalty stands because that was for the defamation. However that may not be the case in this states law.

Reply to  TimTheToolMan
March 13, 2025 7:30 am

EXACTLY. The original verdict was a travesty and should be overturned.

Plus, it would have a gigantic bonus – wiping that smug look off of that asshole’s face. 😁

Reply to  Daniel E Hofford
March 12, 2025 3:23 pm

To clear his name completely? If he and his lawyers can collect the damages money (which will be a million $$ at least), they might be inclined to do that. I don’t know how the collection will go though.

Leon de Boer
Reply to  philincalifornia
March 12, 2025 6:53 pm

None of this changes the defamation ruling and the $1 penalty.

Mary Jones
Reply to  Leon de Boer
March 12, 2025 11:53 pm

The $1 penalty is a contemptuous award – like what the jury awarded to Wladislaw Deming against Leon Uris in London in 1964.

Reply to  Leon de Boer
March 13, 2025 2:09 am

Yes, I know that. What I was suggesting was that the Steyn team might be more inclined to make a renewed attempt against that ruling now that they’re crushing the Mann team financially.

Mary Jones
Reply to  Charles Rotter
March 12, 2025 11:48 pm

Your comment reminds me of the defamation lawsuit brought by Wladislaw Dering against Leon Uris (Dering v Uris).

Dering alleged that Uris had libeled him in a footnote in his novel Exodus, which described [Dering’s] participation in medical experiments in Auschwitz concentration camp during the Holocaust. The case was tried [in London in 1964.] The jury returned a verdict for Dering, but awarded him contemptuous damages of one halfpenny, the smallest coin in the currency. …Dering became liable for the defendants’ legal costs.

(Source: Wikipedia)

Uris subsequently wrote QB VII, which was loosely based on the case. And for the record, NOBODY considered that Uris had “lost” the case.

Giving_Cat
March 12, 2025 11:03 am

Judges are almost always also good lawyers. For a judge to call out an attorney for bad faith and lying is rare beyond hens teeth. It’s a club.

It is my hope that this latest bombshell draws the attention of DOGE.

Reply to  Giving_Cat
March 12, 2025 11:16 am

DOGE can only look at the Executive Branch.

Reply to  Retired_Engineer_Jim
March 12, 2025 12:02 pm

Research grants come from the Executive Branch.

Ed Zuiderwijk
March 12, 2025 11:07 am

Dr Mann knowingly participated in the falsehood. We can therefore call him a cheat and a liar. And given that he demonstrably lied in court, why should we assume he did not lie in other activities? All his writings should carry a ‘caveat emptor’, that they are written by someone known to be economical with truth.

Reply to  Ed Zuiderwijk
March 12, 2025 1:34 pm

“Dr Mann knowingly participated in the falsehood. We can therefore call him a cheat and a liar. And given that he demonstrably lied in court, why should we assume he did not lie in other activities?”

Yeah, like lies about a Hockey Stick chart temperature trend line.

Mann has no credibility, and this particular verdicts just demonstrates it once again.

Mann is a convicted liar.

He’s a Disgrace to the Profession.

His lies are very damaging to the future of Western nations (the other nations of the world are not stupid enough to believe him, and are not destroying themselves after listening to Michael Mann lies about CO2 and the Earth’s climate and weather).

Michael Mann ought to be sued for damages. He has caused TRILLIONS of dollars to be wasted by lying to people and making them believe his bogus Hockey Stick chart represented reality.

He’s one of the principal perps. One of the first Climate Change Liars. And look how far his lies have taken us. Almost over the cliff, in some cases.

I wonder if the Secretary of State can deport him. Maybe Gitmo would be better. Put him in with the terrorists.

Reply to  Ed Zuiderwijk
March 12, 2025 1:52 pm

Isn’t perjury a felony?

I smell a *LEGITIMATE* ‘convicted felon’ label in the making…

Scarecrow Repair
Reply to  AGW is Not Science
March 12, 2025 2:31 pm

Unfortunately, the legal realm looks after its own. Here is a case from Wikipedia, where a cop lied on the stand, the defendant was convicted, yet the defendant has no say in charging the cop with perjury. It is entirely up to the government. I don’t know the legal bearing of this on Michael Mann, since he is not a cop (no pun!) and this was a civil suit. But perjury is presumably a criminal charge.

Briscoe v. LaHue, 460 U.S. 325 (1983), was a United States Supreme Court case in which the Court held that Title 42 U.S.C. § 1983 did not authorize a convicted state defendant to assert a claim for damages against a police officer for giving perjured testimony at the defendant’s criminal trial. In other words, police officers have absolute immunity from civil liability for lying on the stand in criminal cases. Officers may still theoretically be criminally liable for perjury, and the Court’s reasoning was based on that liability sufficing as a deterrent, but that means the complaint cannot come from the person who faced the harm. The objection must come from agents of the state.

Leon de Boer
Reply to  Scarecrow Repair
March 12, 2025 6:56 pm

Yes that is the case in many states you would need to petition the DPP to pursue perjury and yes it is a bit of a club the lawyers protect there own.

KevinM
Reply to  Scarecrow Repair
March 13, 2025 8:59 am

Year 1983. It was like that then.

Reply to  Ed Zuiderwijk
March 12, 2025 3:09 pm

Hoist on his own … I can’t think a “Hockey Stick” rhyme for “petard”.

Scarecrow Repair
Reply to  Gunga Din
March 12, 2025 4:02 pm

s/p/r/

Reply to  Ed Zuiderwijk
March 12, 2025 3:20 pm

Falsus in Uno, Falsus in Omnibus.

With this ruling, Mann’s scientific credibility is in shreds.

MarkW
Reply to  Graemethecat
March 12, 2025 6:01 pm

For those outside the climate science cabal, Mann never had any credibility.
Those inside the climate science cabal also knew that Mann had no credibility, they just never cared.

Reply to  MarkW
March 13, 2025 3:28 am

Unfortunately, as a result of the MSM’s sanctification of Mann, many ordinary people, or at least the readership of papers like the NYT and the Guardian, take his pronouncements as gospel.

Reply to  MarkW
March 13, 2025 10:39 am

Probably because they too have no credibility…

ResourceGuy
March 12, 2025 11:09 am

Bad faith and misrepresentation run deep with Mann and climate “research” and climate “communications” in general.

Jerry Mead
March 12, 2025 11:36 am

What, Mann a thoroughly unpleasant perjuring little shyte ? Who knew !!

frenchglenmike
March 12, 2025 12:05 pm

What I really don’t understand is with this ruling why the trial judge didn’t enter a Judgment Notwithstanding the Verdict and rule completely in favor of Steyn instead of awarding Mann $1 in general damages and $5K in punitive damages.

Reply to  frenchglenmike
March 12, 2025 12:24 pm

A Judge is never going to pick through spreadsheets him or her self. It’s always going to be up to the defense attorneys/defendant to find it.

rogercaiazza
March 12, 2025 12:11 pm

“Erroneous and misleading information” seems to be a characteristic of Mann

March 12, 2025 12:17 pm

Will this be published in the MSM? Of course not.

KevinM
Reply to  Joseph Zorzin
March 13, 2025 9:06 am

Googled the trial to check. I got “Right-wing bloggers set to appeal $1 million verdict in ….”
I use Google to test everything because it is so convenient, but the slant is always obvious when politics is in the neighborhood.

Reply to  KevinM
March 13, 2025 10:34 am

When I checked Google News for last 24 hours I got 2 hits from Tampa Free Press and the Independent Journal Review. Neither of those outlets would be MSM.

paul courtney
March 12, 2025 12:27 pm

How ironic, in a lawsuit brought by Mann to vindicate his reputation against claims he deceived!

David A
Reply to  paul courtney
March 13, 2025 4:25 pm

“Liars figure, and figures lie”

Bob
March 12, 2025 12:46 pm

Lying is not okay.

March 12, 2025 12:55 pm

this is ridiculous, a simple peer-reviewed Tiljander transformation would have clearly shown Mann’s claims to be true

this sort of judicial activism is a threat to the rule of physical law

Reply to  TallDave
March 12, 2025 3:04 pm

You definitely needed the sarc tag here

March 12, 2025 1:08 pm

Mann determined to keep the “hockey stick” alive. Why is he still employed? Promoting bad, misleading and deceptive science ought to reflect badly on the education institution he represents.

Reply to  George T
March 12, 2025 2:00 pm

It ought to reflect badly on people who believe Michael Mann.

How stupid are they? Answer: Pretty damn stupid.

Reply to  George T
March 12, 2025 3:14 pm

Mann’s “Hockey Stick” was a useful level the the whole (constantly morphing) CAGW meme.
That’s why all his lawsuits had financial backing.
(Maybe DOGE will dry up some of funds the NGOs used to pay Mann’s bills?)

Ed Zuiderwijk
Reply to  George T
March 16, 2025 5:16 am

As Mark Steyn pointed out the moral integrity of his supervisors leaves a lot to be desired.

March 12, 2025 1:41 pm

Who would have guessed that a guy who falsified data to show “global” warming that his own data didn’t show would also lie about other stuff? It turns out that moral failings show up in many other ways. Steyn nailed Mann’s character in his editorials. On July 12, 2012, after Penn State football (assistant) coach Jerry Sandusky was found guilty of molestation just 3 weeks earlier, Steyn quoted Rand Simberg’s observation in his famous National Review editorial for which Mann sued him:

But now that we know how bad it was, perhaps it’s time that we revisit the Michael Mann affair, particularly given how much we’ve also learned about his and others’ hockey-stick deceptions since. Mann could be said to be the Jerry Sandusky of climate science, except that instead of molesting children, he has molested and tortured data in the service of politicized science that could have dire economic consequences for the nation and planet.

And added his own:

Not sure I’d have extended that metaphor all the way into the locker-room showers with quite the zeal Mr Simberg does, but he has a point. Michael Mann was the man behind the fraudulent climate-change “hockey-stick” graph, the very ringmaster of the tree-ring circus. And, when the East Anglia emails came out, Penn State felt obliged to “investigate” Professor Mann. Graham Spanier, the Penn State president forced to resign over Sandusky, was the same cove who investigated Mann. And, as with Sandusky and Paterno, the college declined to find one of its star names guilty of any wrongdoing.

Whether or not he’s “the Jerry Sandusky of climate change”, he remains the Michael Mann of climate change, in part because his “investigation” by a deeply corrupt administration was a joke.

Mann created a fraud and defended his fraud because he is, well, fill in your own adjective.

Reply to  stinkerp
March 12, 2025 3:06 pm

….. are nouns allowed ??

MarkW
Reply to  philincalifornia
March 12, 2025 6:11 pm

Only if you get their pro-nouns correct.

Sparta Nova 4
March 12, 2025 1:51 pm

Excellent news.

Walter Sobchak
March 12, 2025 2:08 pm

Mann is a liar. Every word he writes is a lie including “and” and “the”. told by The whole climate change scam is a bunch of lies by lying liars. Mann just got called out for one of his lies.

Tom Halla
March 12, 2025 2:14 pm

Schadenfreude!

Daniel E Hofford
March 12, 2025 2:17 pm

No one should be surprised by this. This is exactly how Mann et al have conducted themselves as ‘scientists.’ Lie to present the strongest case possible. Fudge the data! Fudge the statistics! Nothing gets in the way of our fantasy! Someone should look at Mann’s PhD thesis to see if any of it was plagarized. Liars willing to lie on an industrial scale usually have a long long history of lying.

ralfellis
March 12, 2025 2:43 pm

One other point.
Mann did not pay for this trial, he had a white-knight pay for it all.

Who was that white-knight?

Ralph

TBeholder
March 12, 2025 4:04 pm

What’s next? Even if he gets purged all the way, what of it? This does not have to be anything but his problem. You get to have your well-earned cup of hot Schadenfreude, of course, but… that’s about it. Too many snouts impatiently wait behind him for their turn at the trough, and after all he became odious long ago. The strongest and the sneakiest ones will win the best places, the contenders will be chased out, and for the rest, promotions along the queue. They won’t be discouraged at all as long as the trough itself exists and is full of chow.

The Soviet Union outlived Stalin. Climate science will outlive Mann and Jones, even if they do get the boot personally.

[…]

The Mann-Jones group is climate science. But this group is more than just Mann and Jones — much more. The specific individuals named in these emails are certainly suffering some career damage. Who knows? If all the dice roll the right way, one or two might even go to jail. Some certainly appear to have committed criminal offenses. But climate science will endure. It will certainly not be purged and rebooted. If that cat could be belled, someone would have belled it!

So here is what will happen to climate science if Mann, Jones, et al. go to jail: it will become stronger. Considerably stronger. At least, in the near and medium term.

Climategate and other correspondence, by Mencius Moldbug, 2009.