More On The Federal Judicial Center And The Attribution Scam

From THE MANHATTAN CONTRARIAN

Francis Menton

As discussed in the previous post, the Federal Judicial Center’s recently-updated Reference Manual on Scientific Evidence contains a new chapter on Climate Science. That chapter focuses on the promoting the hocus pocus of “attribution” studies that seek to blame every latest hurricane or flood or drought on human emissions of CO2, and thus on fossil fuel producers in particular.

In my post, I characterized the authors’ write-up of the methodology of these attribution studies as relying on “logical fallacy,” and as “double-talk and bafflegab.” But I think that I inadequately articulated the nature of the fallacy. So I will try to correct that here.

The heart of the problem is that science is all about hypotheses being subject to empirical test against real world evidence. But the “attribution” studies and their methodology seek to evade that necessary step. Instead these studies claim to validate their attributions by reference to things like “physical understanding” and models that have not been empirically validated. In other words, rather than using empirical evidence to validate a hypothesis, they use one hypothesis supposedly to validate another hypothesis. They have assumed the conclusion they want to reach. This process is sometimes called circular reasoning.

To be fair, when buried in the midst of enough confusing verbiage, circular reasoning can often be difficult to detect. That is not an excuse for the fancily-credentialed pooh-bahs who have signed off on this Manual. If you aren’t up to the job of detecting circular reasoning, you are not qualified to contribute to a Manual like this one.

Here is the central portion of the key language in the new Manual chapter, as quoted from my previous post, with important words highlighted:

[A]ttribution involves sifting through a range of possi­ble causative ­ factors to determine the role of one or more ­ drivers with re­spect to the detected change. This is typically accomplished by using physical understanding, as well as climate models and/or statistical analy­sis, to compare how the variable responds when certain ­drivers are changed or eliminated entirely.

So, to make an “attribution,” we compare the event that just happened against our “physical understanding” and against our “climate models.” Both of those things are our assumptions or hypotheses, not our proof. (The category of “statistical analysis” cannot be evaluated without more information. “Statistical analysis” of what? If it’s statistical analysis of our current hypothesis against our previous assumptions, then it’s another example of circular reasoning.) Thus we have compared our new hypothesis to our pre-existing hypotheses, and they match! Therefore we claim that the new hypothesis must be correct!

The missing piece is some kind of empirical study that establishes a definitive relationship between rising global temperatures and the type of event that you are seeking to blame on CO2 emissions. Remarkably, that does not exist for any form of extreme weather event, whether it be hurricanes, tornadoes, droughts, floods, or anything else. A good compilation of studies failing to show any relationship between global temperatures and extreme weather events can be found in Steven Koonin’s book Unsettled. Anyway, you know that there is no such demonstrated empirical connection, because if there were the “attribution” advocates would cite those studies instead of trying to prove attribution with their own a priori assumptions.

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strativarius
February 5, 2026 2:20 am

to make an “attribution,” we compare the event that just happened against our “physical understanding” and against our “climate models.”

Hey presto

The rapid analysis by World Weather Attribution found that climate change increased Melissa’s maximum wind speeds by 7% and made the rainfall 16% more intense.

Andrew Dessler, professor of atmospheric sciences at Texas A&M University, who was not involved in the WWA research, said the findings of the rapid analysis are in line with existing research about climate change and tropical storms in the Atlantic. “This is completely consistent with our expectation of what’s going to happen in the future,” Dessler said.
https://www.msn.com/en-gb/weather/extreme-weather-events/climate-change-boosted-hurricane-melissa-s-destructive-winds-and-rain-analysis-finds/ar-AA1PUssl

It’s completely consistent with their assumptions.

Sean2828
Reply to  strativarius
February 5, 2026 2:40 am

Any time you start with the answer and then justify it with a computer model it’s a rationalization using numeric techniques. There are no falsifiable predictions. We are back to spontaneous generation of fish in a pond that was disproved by Louis Pasteur almost 2 centuries ago.

hiskorr
Reply to  strativarius
February 5, 2026 3:27 am

Can someone please explain the phrase “physical understanding”. Isn’t comprehension a mental process? Are we talking neurophysiology here? Or is he really just saying “what we think we know about how climate works”?

strativarius
Reply to  hiskorr
February 5, 2026 3:30 am

I guess you could say alarmists are somewhat neurodivergent.

GeorgeInSanDiego
February 5, 2026 2:37 am

If a ruling is issued by a judge who it can be proven to have read the Reference Manual on Scientific Evidence it should be vacated on appeal, for obstruction of justice and judicial misconduct.
18 U.S.C. 1503

February 5, 2026 3:31 am

This is an excellent description of the utterly circular nature of attribution of long-term warming to incremental CO2, not to mention the compounded fallacies of event attribution.

I encourage skeptics of climate alarm to discard the “forcing” + “feedback” FRAMING of the investigation of a climate system response to rising concentrations of CO2, CH4, N2O, etc.

That framing is what sends the investigator into a circle. NO ONE KNOWS in advance that a minor improvement in IR absorbing power within the circulating atmosphere MUST result in sensible heat gain down here. But that is what is implied at the outset in the semantics of anthropogenic GHG “forcings” to which “feedback” arises as a tuned response in the models. Don’t get me wrong – of course, if absorbed energy trends upward, e.g. from diminishing cloud cover, one expects overall warming of the land and oceans, and vice versa. But for GHGs, which merely tweak the IR coupling of the atmosphere to the surface, and the internal coupling of the atmosphere to itself, including clouds – without directly adding energy to the system – no such assumption is justified.

So what? The use of pre-stabilized, large-grid, discrete-layer, parameter-tuned-to-hindcast, time-step-iterated simulations of the general circulation never had ANY diagnostic or prognostic validity in the investigation, because the application of time-scheduled GHG “forcings” simply produced a baked-in “warming.”

Such models should never have been proposed in the investigation. But here we are, doing laps around the circle.

Thank you for your attention to this matter.

P.S. – don’t get me going about the other obvious problem with the models – the unavoidable rapid buildup of uncertainty in the energy state of the climate system as the iteration proceeds.