January 23, 2014
— Guest Blogger In the off chance you morons donÂ’t regularly stalk the Superior Court of the District of Columbia in search of noteworthy cases, Professor Michael Mann of Penn State filed suit in 2012 against, among others, National Review and Mark Steyn for something Mark wrote and NR published on its website (full disclosure – I am an occasional contributor to several publications, including NROÂ’s Bench Memos). As NRÂ’s capable lawyers have confirmed, there seems to be no case here.
But even if there was a case, who in their right mind would want Mark Steyn as a defendant? He beat the rap when hauled up in front of the Canadian Thought Police Human Rights Commission and thatÂ’s the guy they pick to bully into silence? It brings to mind the thousands of air traffic controllers who were fired for walking off the job in the middle of a labor dispute with President Reagan: Even though we have no legal case, lets try to intimidate the only president who has served as head of a labor union. He wonÂ’t know how to negotiate with a union and will buckle under the pressure! We canÂ’t lose!
This suit has echoes of a similar controversy in Australia. Four scientists who had not been persuaded by Mr. MannÂ’s hockey stick asserted thus:
The scientific community is now so polarised on the controversial issue of dangerous global warming that proper due diligence on the matter can only be achieved where competent scientific witnesses are cross-examined under oath and under the strictest rules of evidence.
I never dreamed we would be able to get Mr. Mann to actually take the stand. NRÂ’s Rich Lowry nicely summarized this line of thinking:
Usually, you donÂ’t welcome a nuisance lawsuit, because itÂ’s a nuisance. It consumes time. It costs money. But this is a different matter in light of one word: discovery.If Mann sues us, the materials we will need to mount a full defense will be extremely wide-ranging. So if he files a complaint, we will be doing more than fighting a nuisance lawsuit; we will be embarking on a journalistic project of great interest to us and our readers.
It appears from the complaint that Mr. Mann is demanding a jury trial. He might get it yet – after 18 months of procedural absurdity the judge refused to dismiss the case. For 1st Amendment legal observers, this is the cue to get the popcorn because there is a smack down coming. In fact, charging people to have their photo taken outside the courthouse with Mr. Steyn could be part his fundraising to cover the crushing legal costs of defending the 1st Amendment (Mr. Steyn is being represented by different counsel than the other parties involved). I don’t know if the DC Superior Court allows cameras, but I for one would pay to watch Mr. Mann being cross examined about global cooling or global warming or climate change or climate collapse or whatever it is being called this week.
If science has proven that global warming is real, that its man’s fault, and that man can fix it, why keep the proof a secret? In 2004, a scientist trying to recreate the data behind this hockey stick and other global warming claims met a brick wall by the keeper of the data. Climatic Research Unit’s Phil Jones famously responded to the request by asking “Why should I make the data available to you, when your aim is to try and find something wrong with it?”
So it seems that the exercise of independently verifying a scientific discovery has turned into just taking the scientistsÂ’ word for it. Because Science. And also, Shut up.
Let the discovery begin.
The 2nd Amendment Texan writes and speaks about energy security, among other things, and has experience in both the traditional and renewable energy fields. You can follow him on Twitter: @MichaelJames357
Posted by: Guest Blogger at
06:03 AM
| Comments (317)
Post contains 669 words, total size 5 kb.
Posted by: CPT. Charles at January 23, 2014 06:08 AM (lJaja)
Posted by: Navycopjoe at January 23, 2014 06:08 AM (9cjF1)
Posted by: Fritz at January 23, 2014 06:09 AM (UzPAd)
-----
Well.... how hard would it be to hide the tree rings from seven trees in the Ukraine???
Posted by: fixerupper at January 23, 2014 06:10 AM (nELVU)
Posted by: lonetown at January 23, 2014 06:11 AM (ScVPC)
Posted by: eman at January 23, 2014 06:11 AM (AO9UG)
Posted by: DangerGirl Telecommunications at January 23, 2014 06:11 AM (KuUy9)
Posted by: eman at January 23, 2014 06:12 AM (AO9UG)
Posted by: Michael Mann (small peen) at January 23, 2014 06:13 AM (Aif/5)
Posted by: Navycopjoe at January 23, 2014 06:13 AM (9cjF1)
Posted by: steevy at January 23, 2014 06:14 AM (zqvg6)
Posted by: rickb223 at January 23, 2014 06:14 AM (xZxMD)
Posted by: Dang at January 23, 2014 06:14 AM (MNq6o)
Posted by: BackwardsBoy, who did not vote for this shit [/i][/s][/b] at January 23, 2014 06:15 AM (0HooB)
Posted by: Mama AJ at January 23, 2014 06:15 AM (SUKHu)
Posted by: Infidel at January 23, 2014 06:15 AM (6bvBO)
Posted by: --- at January 23, 2014 06:15 AM (MMC8r)
Posted by: MikeH at January 23, 2014 06:15 AM (136wp)
So..... Mr Mann...... please give us your view on the effects of the climate on human emotions vis a vis human interaction.
"When the Quinn the Eskimo gets here, everybody's gonna jump for joy."
Posted by: fixerupper at January 23, 2014 06:16 AM (nELVU)
FIFY.
Posted by: HR at January 23, 2014 06:16 AM (ZKzrr)
Posted by: Nevergiveup at January 23, 2014 06:16 AM (t3UFN)
Posted by: Manfred Mann at January 23, 2014 06:17 AM (Dwehj)
>>>Oh, this is gonna be gooooood.
How good?
Well, if there are NO news stories, then that's really really good.
Posted by: Bigby's Semaphore Hands at January 23, 2014 06:17 AM (3ZtZW)
note: Steyn has separated himself from the National Review who wished to take the low road.
---------------------
At the link Steyn mentions the big reason why I stopped donating to NR years ago:
"I'm not the first to discover too late that the American court system is no place for wee unsuspecting foreigners. Although I was the only one on the NR side who's actually won a free-speech battle (and so decisively that the law was eventually repealed), I was prevailed upon through the course of last year to leave it to the experts. The result is that we blew through half a million bucks, and have nothing to show for it - other than what even Judge Weisberg calls a "convoluted procedural history" that utterly buried the real issues at the heart of the case."
So people who donated to the legal defense fund for NR basically had their money wasted by a strategy that was trying to sweep this whole thing aside instead of nailing Mann to the wall.
Posted by: @JohnTant at January 23, 2014 06:18 AM (PFy0L)
Which his counsel had to hastily withdraw, after the Nobel Committee confirmed that the Nobel in question, which had been awarded to the IPCC of which Mann is a member, in no way authorizes individual members of the IPCC to refer to themselves as Nobel laureates.
Posted by: torquewrench at January 23, 2014 06:18 AM (gqT4g)
Posted by: DangerGirl Telecommunications at January 23, 2014 06:19 AM (KuUy9)
Posted by: Jean at January 23, 2014 06:19 AM (4JkHl)
Posted by: rickb223 at January 23, 2014 06:19 AM (xZxMD)
Posted by: fixerupper at January 23, 2014 10:16 AM (nELVU)
You ain't seen nothin' like the Mighty Quinn!
Posted by: Insomniac at January 23, 2014 06:19 AM (DrWcr)
Posted by: artisanal 'ette at January 23, 2014 06:19 AM (IXrOn)
Posted by: Elizabeth Warren at January 23, 2014 06:19 AM (136wp)
>>>Mann looks like a pigman.
[ha ha charade you are]
OK, never mind.
I kinda want Ace to do a anti-Longbow post in french
Posted by: Bigby's Semaphore Hands at January 23, 2014 06:19 AM (3ZtZW)
Toward the end of the fracking article in the news dump, they mentioned how all of the unions were in favor of the LPG export terminal because of the jobs and all the leftists were against it because "psy-ience."
As I recall, no Republican was out there talking about "all the unions--the machinists, the metal workers, the teamsters--of working men and women who are in favor of Keystone."
Instead, they were always talking about this abstract "hundreds of jobs" it would create.
Why is it so hard for the Stupid Party to put a face on the policies it seeks to advance--or oppose?
Posted by: RoyalOil at January 23, 2014 06:19 AM (VjL9S)
Heh.
Posted by: Prez'nit 404 at January 23, 2014 06:20 AM (Dwehj)
Posted by: BackwardsBoy, who did not vote for this shit [/i][/s][/b] at January 23, 2014 06:20 AM (0HooB)
Posted by: Manfred Mann at January 23, 2014 10:17 AM (Dwehj)
Dammit, almost spit out my coffee!
Posted by: Insomniac at January 23, 2014 06:20 AM (DrWcr)
Posted by: polynikes at January 23, 2014 06:20 AM (m2CN7)
.............
We think that's Gabe who stalks the Superior Court.. but we're not sure because of the disguise...
Posted by: Chi-Town Jerry at January 23, 2014 06:21 AM (f9c2L)
Posted by: Mike Hammer at January 23, 2014 06:23 AM (aDwsi)
Posted by: TommyVee at January 23, 2014 06:24 AM (L+Mit)
Posted by: artisanal 'ette at January 23, 2014 06:24 AM (IXrOn)
Posted by: AllenG (DedicatedTenther) Ah, F It. at January 23, 2014 06:24 AM (PYAXX)
Posted by: First Amendment at January 23, 2014 06:25 AM (DrWcr)
Posted by: CPT. Charles at January 23, 2014 06:25 AM (lJaja)
Posted by: Grey Fox at January 23, 2014 06:25 AM (vPvKb)
Posted by: rickl at January 23, 2014 06:26 AM (zoehZ)
I'm sure swearing in on a Bible will ensure he tells the truth...
Perhaps we should have him swear to Algore with his hand on a copy of Earth in the Balance
Posted by: Icedog at January 23, 2014 06:26 AM (2zsKz)
Posted by: AllenG (DedicatedTenther) Ah, F It. at January 23, 2014 06:26 AM (PYAXX)
Posted by: CPT. Charles at January 23, 2014 06:27 AM (lJaja)
Posted by: Fritz at January 23, 2014 10:09 AM (UzPAd)
No, it's "Dr. 'Piltdown' Mann"
Posted by: Retired Buckeye Cop posting from work at January 23, 2014 06:27 AM (T6MoX)
Posted by: Meremortal at January 23, 2014 06:27 AM (1Y+hH)
Posted by: [/i][/b][/u][/s] Tami at January 23, 2014 06:27 AM (bCEmE)
Posted by: BackwardsBoy, who did not vote for this shit [/i][/s][/b] at January 23, 2014 06:27 AM (0HooB)
Tides are up to their elbows in all kinds of progtardedness.
And they throw around some seriously big money.
They are an entirely suitable retort whenever you hear a liberal begin to blather about the supposedly unprecedented financial influence upon politics of the Koch brothers.
Posted by: torquewrench at January 23, 2014 06:28 AM (gqT4g)
Posted by: artisanal 'ette at January 23, 2014 06:28 AM (IXrOn)
Posted by: Michael Mann's Magical Tonic at January 23, 2014 06:28 AM (Aif/5)
Posted by: AMDG at January 23, 2014 06:28 AM (t7OO0)
Posted by: AllenG (DedicatedTenther) Ah, F It. at January 23, 2014 06:28 AM (PYAXX)
Posted by: Nevergiveup at January 23, 2014 06:29 AM (t3UFN)
Posted by: AllenG (DedicatedTenther) Ah, F It. at January 23, 2014 06:30 AM (PYAXX)
Posted by: stutterk at January 23, 2014 06:30 AM (95gQx)
Posted by: rightlysouthern at January 23, 2014 06:30 AM (uOxBm)
Posted by: Meremortal at January 23, 2014 06:30 AM (1Y+hH)
Posted by: John Roberts at January 23, 2014 06:31 AM (IXrOn)
Posted by: backhoe at January 23, 2014 06:31 AM (ULH4o)
Evident? Srsly? How so?
You have actual evidence supporting that contention? No? Didn't think so.
See, proof, not the opinion of an internet troll is what's required here. So unless you have video of Mark Steyn in his secret underground lair plotting with malice (actual malice!) to trash Mann's work, you got nothing.
Malice is very difficult to prove in libel/slander cases.
Posted by: Sean Bannion[/i][/s][/u][/b] at January 23, 2014 06:31 AM (JpC1K)
Posted by: AllenG (DedicatedTenther) Ah, F It. at January 23, 2014 06:32 AM (PYAXX)
Posted by: polynikes at January 23, 2014 06:32 AM (m2CN7)
Posted by: Lizzy at January 23, 2014 06:32 AM (POpqt)
That's what happens when facts collide with ideology in a court.
As Mann is about to find out.
Posted by: Sean Bannion[/i][/s][/u][/b] at January 23, 2014 06:32 AM (JpC1K)
Posted by: rickb223 at January 23, 2014 06:33 AM (xZxMD)
Testimony of co-conspirators is totally evidence, or something.
Posted by: HR at January 23, 2014 06:33 AM (ZKzrr)
Posted by: Jen at January 23, 2014 06:34 AM (4t/Y9)
Posted by: John Roberts at January 23, 2014 06:34 AM (IXrOn)
Posted by: sven10077 at January 23, 2014 06:34 AM (TE35l)
Posted by: Michael Mann's Magical Tonic at January 23, 2014 06:34 AM (Aif/5)
Posted by: AllenG (DedicatedTenther) Ah, F It. at January 23, 2014 06:34 AM (PYAXX)
Posted by: Mann, Michael Mann, man at January 23, 2014 06:34 AM (ZS1LI)
Posted by: steevy at January 23, 2014 06:34 AM (zqvg6)
Posted by: rickb223 at January 23, 2014 06:34 AM (xZxMD)
Posted by: Brave Sir Robin at January 23, 2014 06:35 AM (Bd6GP)
Posted by: TommyVee at January 23, 2014 06:35 AM (Aif/5)
Posted by: HR at January 23, 2014 10:33 AM (ZKzrr)
Co-conspirators.
You keep using that word, I do not think it means what you think it means.
Posted by: Inigo Montoya[/i][/s][/u][/b] at January 23, 2014 06:36 AM (JpC1K)
Posted by: sven10077 at January 23, 2014 06:36 AM (TE35l)
==========
Which is a legitimate and common trial strategy if--IF--you've any doubt of your case; wear them down, get them to settle.
Typical defense attorneys.
Wonder if Styen filed any counter-claims. If he did, Mann dismissing his case doesn't make those go away.
If I was, I sure as hell would have--at the very least a counterclaim for sanctions for bringing a baseless suit.
And since he is/was an employee of a governmental unit, I'd probably stretch and throw in a 1st Amendment civil rights violation.
Posted by: RoyalOil at January 23, 2014 06:36 AM (VjL9S)
Posted by: Tobacco Road at January 23, 2014 06:36 AM (4Mv1T)
She couldn't even manage the elementary cognitive task of keeping the alleged actions of the individual defendants straight.
Combs-Greene has now taken early retirement, but the confusion she managed to create during her brief involvement is considerable.
Posted by: torquewrench at January 23, 2014 06:36 AM (gqT4g)
I can sue if I want to
I can leave my brains behind
If the ice don't melt
Well, if it don't melt then it's
No friend of mine.
Posted by: Mann Without Hats at January 23, 2014 06:36 AM (zF6Iw)
Posted by: Mr. Dave at January 23, 2014 06:37 AM (QE1xU)
Posted by: AllenG (DedicatedTenther) Ah, F It. at January 23, 2014 06:37 AM (PYAXX)
Posted by: Lizzy at January 23, 2014 10:32 AM (POpqt)
Indeed. Global warming is their answer for everything. Hot? Global warming. Cold? Global warming. Hurricanes? Snow? Global warming. Drought? Global warming. The heartbreak of psoriasis? Global warming.
Posted by: Insomniac at January 23, 2014 06:37 AM (DrWcr)
Unpossible! "Snow is so scarce today that most Virginia children probably don't own a sled."
http://is.gd/IHgNVK
Posted by: HR at January 23, 2014 06:38 AM (ZKzrr)
Posted by: sven10077 at January 23, 2014 10:34 AM (TE35l)
------
The solution is "take everybody's money".
Good look finding a problem for that.
Posted by: fixerupper at January 23, 2014 06:38 AM (nELVU)
Posted by: tsrblke, PhD(c) No Really! at January 23, 2014 06:38 AM (GaqMa)
It's a shame Michael Crichton has passed away. He'd enjoy this one.
Posted by: Icedog at January 23, 2014 06:39 AM (G0ITZ)
Posted by: MTF at January 23, 2014 06:39 AM (F58x4)
Posted by: AllenG (DedicatedTenther) Ah, F It. at January 23, 2014 06:39 AM (PYAXX)
To a liberal, "Overboard" and "beyond the bounds of polite society" are terms that mean, "you don't agree with me."
As if that's a requirement for humanity.
Or something.
Posted by: Sean Bannion[/i][/s][/u][/b] at January 23, 2014 06:39 AM (JpC1K)
The other less well remarked aspect of this case is that it was initially heard by Clinton appointee Judge Natalia Combs-Greene, who is apparently one of the dimmest bulbs on the bench, and demonstrated a less than firm grasp of the facts of the case.
----------
John Lott just wrote a fantastic book where he makes an interesting case...the trend toward nominating and confirming stupid judges is a feature, not a bug. The power brokers don't want an independent judiciary thinking for themselves, but rather a pliable one easily led by the nose.
And I have to say, it's hard for me to disagree with him given the empirical evidence.
Posted by: @JohnTant at January 23, 2014 06:40 AM (eytER)
Posted by: sven10077 at January 23, 2014 06:40 AM (TE35l)
Posted by: rickb223 at January 23, 2014 06:40 AM (xZxMD)
Posted by: RoyalOil at January 23, 2014 06:40 AM (VjL9S)
Posted by: BlueStateRebel at January 23, 2014 06:40 AM (7ObY1)
Posted by: Aviator at January 23, 2014 06:41 AM (jSUU1)
If the greens actually had the courage of their convictions, they'd all commit suicide.
So if they don't even believe their own shit, not really sure why the rest of us should.
Posted by: Sean Bannion[/i][/s][/u][/b] at January 23, 2014 06:41 AM (JpC1K)
Posted by: UWP at January 23, 2014 06:41 AM (2hQRj)
Harry Reid owns that outfit.
Posted by: wisenheimer at January 23, 2014 06:41 AM (kidco)
Posted by: BlueStateRebel at January 23, 2014 06:41 AM (7ObY1)
Posted by: Zombie Karl Popper at January 23, 2014 10:38 AM (JQuNB)
He's dead? I thought he was still touring with Blues Traveler.
Posted by: Insomniac at January 23, 2014 06:41 AM (DrWcr)
Posted by: TommyVee at January 23, 2014 06:41 AM (Aif/5)
Posted by: rickb223 at January 23, 2014 06:41 AM (xZxMD)
Posted by: Steve White at January 23, 2014 06:42 AM (D14J4)
And I don't think any survey had anything more than 24 trees to begin with either so it's not like it was 10,000 trees from all over Asia.
Posted by: [/i]andycanuck[/b] at January 23, 2014 06:42 AM (vuh7l)
Posted by: no good deed at January 23, 2014 06:42 AM (vBhbc)
I know. But...shhhhh....don't harsh their mellow.
I certainly looking forward to Mann's suit crashing and burning.
Posted by: Sean Bannion[/i][/s][/u][/b] at January 23, 2014 06:42 AM (JpC1K)
Posted by: BlueStateRebel at January 23, 2014 06:43 AM (7ObY1)
Posted by: AllenG (DedicatedTenther) Ah, F It. at January 23, 2014 06:43 AM (PYAXX)
Their convictions would lead them to kill the rest of us. Faster than they already are with their CAFE standards and their bans on producing oil for heating homes and their rolling blackouts from coal plant closures.
Posted by: HR at January 23, 2014 06:43 AM (ZKzrr)
I bet he would be called as a witness.
And yes, I was also shoveling some of that global warming off my walk a few minutes ago.
Posted by: Lizzy at January 23, 2014 06:44 AM (POpqt)
Greetings from Sydney Down Under
Can't sleep as we've been deluged with sick people and cats this week -a worry - BIL in ICU after major heart surgery, another BIL has oesophageal varices and is bleeding so needs blood transfusion and MIL is crook with constant TIAs - 89 years old and not really a candidate for surgery plus my very favourite kitty is in cat ICU tonight after becoming very sick
However...
The debate rages on Down Under as well
Not being confident in tinying anything after a few flops
If anyone is interested in climate science fraud I recommend a couple of Aussie sites
Andrew Bolt's blog - just google/bing Andrew Bolt - he has been onto this con for many years and there are plenty of great posts on his blog
Tim Blair's blog - with a touch of humour added for your enjoyment
Posted by: aussie at January 23, 2014 06:44 AM (kNqWd)
http://tinyurl.com/lndy26a
The bitch will flip.
Posted by: UWP at January 23, 2014 10:41 AM (2hQRj)
It's not a bad likeness.
Posted by: Insomniac at January 23, 2014 06:44 AM (DrWcr)
Posted by: tsrblke, PhD(c) No Really! at January 23, 2014 06:44 AM (GaqMa)
Nope! Sorry. Just using greenie logic here.
Mankind is a cancer. Cancers must be eradicated. They are part of mankind.
Ergo, they should kill themselves.
Syllogisms don't get much more basic than that.
Posted by: Sean Bannion[/i][/s][/u][/b] at January 23, 2014 06:44 AM (JpC1K)
Well, they certainly got what they were after with Combs-Greene.
The comments from those who have appeared before her are scathing.
http://www.therobingroom.com/dc/Judge.aspx?ID=3789
Posted by: torquewrench at January 23, 2014 06:45 AM (gqT4g)
Posted by: Insomniac at January 23, 2014 06:46 AM (DrWcr)
In a place like Antarctica, where one can die of exposure in less than 10 minutes, poor decisions can lead to all sorts of fatal mishaps.
Prof. Turney willfully disregarded orders from co-leader Mortimer to evacuate Hod. Islands thus endangering the lives of the crew and passengers on the expedition.
Posted by: 13times at January 23, 2014 06:46 AM (fGPLK)
Posted by: tsrblke, PhD(c) No Really! at January 23, 2014 06:46 AM (GaqMa)
Posted by: Angel with a sword at January 23, 2014 06:46 AM (hpgw1)
Posted by: BlueStateRebel at January 23, 2014 06:46 AM (7ObY1)
Posted by: tsrblke, PhD(c) No Really! at January 23, 2014 10:44 AM (GaqMa)
The First Amendment means just what I choose it to mean - neither more nor less.
Posted by: Eric "Humpty Dumpty" Holder at January 23, 2014 06:47 AM (DrWcr)
Posted by: X at January 23, 2014 06:47 AM (KHo8t)
Posted by: Angel with a sword at January 23, 2014 10:46 AM (hpgw1)
Render his body down for lamp oil, it'll last longer.
Posted by: Insomniac at January 23, 2014 06:48 AM (DrWcr)
Events escalated to the point where Mr. Thompson felt his friend was in danger. He grabbed his pistol (for which he had a conceal-carry license) and fired two warning shots into the ground to scare off the 17-year-old.
----------
Gotta say, if the situation calls for firing a warning shot, it calls for firing an actual stop-the-perp shot.
Posted by: @JohnTant at January 23, 2014 06:48 AM (eytER)
Posted by: steevy at January 23, 2014 06:48 AM (zqvg6)
=====
Sure he can.
He's also a witness.
And on the stand, he can say what he wants.
All that can stop him is the "objection!" of Mann's lawyers. But, the words are already in the jury's ears.
And if the answer is topical to the questions, the objection will be over-ruled.
So, they're not going to be able to shut Steyn up through mere procedure.
And a motion in limine to restrict what Steyn can say would be a 1st Amendment violation.
Posted by: RoyalOil at January 23, 2014 06:49 AM (VjL9S)
Posted by: dfbaskwill at January 23, 2014 06:49 AM (fA3u5)
Posted by: Mike Hammer at January 23, 2014 06:49 AM (aDwsi)
Posted by: Algore at January 23, 2014 06:49 AM (GYTqM)
Posted by: backhoe at January 23, 2014 06:50 AM (ULH4o)
Posted by: tsrblke, PhD(c) No Really! at January 23, 2014 06:50 AM (GaqMa)
Posted by: AllenG (DedicatedTenther) Ah, F It. at January 23, 2014 06:50 AM (PYAXX)
Posted by: Hurricane LaFawnduh at January 23, 2014 06:51 AM (pginn)
Posted by: tsrblke, PhD(c) No Really! at January 23, 2014 06:53 AM (GaqMa)
Posted by: Niedermeyer's Dead Horse at January 23, 2014 06:53 AM (DmNpO)
Posted by: Lawfare Inc. at January 23, 2014 06:53 AM (aDwsi)
Posted by: AllenG (DedicatedTenther) Ah, F It. at January 23, 2014 06:54 AM (PYAXX)
Andrew Branca of "Law of Self-Defense" fame, who occasionally checks in here at the HQ, has a lot to say about the legality of warning shots in various jurisdictions.
Laypersons tend to assume that a warning shot is always OK and will not place them in any legal jeopardy, because hey, it's a major step down from deadly force, it's merely demonstrative, right?
Wrong!
Really, there should be clearly codified statute law regarding such warning shots, because there are times when they genuinely are a reasonable option to have open. But until such time as the law is cleaned up in that regard, fire such shots at your own potential criminal peril.
Posted by: torquewrench at January 23, 2014 06:55 AM (gqT4g)
Posted by: X at January 23, 2014 06:55 AM (KHo8t)
147 insomniac
Thanks (fellow insomniac)!
The vet just called (it's 2.45am Friday morning here) to let me know kitty is comfortable and purring madly with all the attention - 1/2 hourly obs, drip insitu, heat cocoon and 2 hourly turns so she doesn't get pressure sores!
It's a wonderful pet hospital - the ICU looks just like the ICU my dear BIL is in right now
Great start to 2014..
Posted by: aussie at January 23, 2014 06:56 AM (kNqWd)
Posted by: tsrblke, PhD(c) No Really! at January 23, 2014 06:56 AM (GaqMa)
Posted by: JJ Stone at January 23, 2014 06:56 AM (4oSMi)
If Mann hoped to silence critics through waging "lawfare," he certainly chose poorly.
Posted by: Adjoran at January 23, 2014 06:57 AM (473jB)
Posted by: Flatbush Joe at January 23, 2014 06:57 AM (ZPrif)
Posted by: BackwardsBoy, who did not vote for this shit [/i][/s][/b] at January 23, 2014 06:58 AM (0HooB)
Posted by: tsrblke, PhD(c) No Really! at January 23, 2014 06:59 AM (GaqMa)
161 backhoe
Hi, and yes - now we have to add the pet hospital to our hospital visiting ...luckily I'm on a 5 week holiday from work!
Posted by: aussie at January 23, 2014 06:59 AM (kNqWd)
Dear Mr. Steyn,
Two words: 1.Anthony 2.Watts
I am sure he is not unknown to you, but Mr. Watts would be of inestimable assistance in helping you tear Dr. Mann a new one, an orfice that the world is in dire need of servicing.
Posted by: Ray Van Dune at January 23, 2014 07:00 AM (Dxb1S)
Posted by: Flatbush Joe at January 23, 2014 07:00 AM (ZPrif)
Posted by: lawdvd at January 23, 2014 07:01 AM (d3clc)
Posted by: maddogg at January 23, 2014 07:01 AM (xWW96)
Worthy of note that Dr. Freeman Dyson is a dissenter from the AGW nonsense.
Because if there's one thing he understands at an absolutely meticulous level, it is the inherent peril of modeling large complex physical systems mathematically and computationally.
Posted by: torquewrench at January 23, 2014 07:01 AM (gqT4g)
Models are the worst for that, because you can basically build the model to whatever specs you want.
--------
Yep, it's why I got into an argument over whether meteorology is an actual "science." My point was that given the mass of an object, the angle of its initial trajectory, and its velocity, I can calculate its landing spot pretty damned closely - but give an identical data set to ten different weathermen and you'll get ten different responses, and the differences will usually hinge on that weatherman's "gut."
Sorry, but when you have to include a subjective gut feeling, you don't have science...just like figure skating isn't a sport.
Posted by: @JohnTant at January 23, 2014 07:01 AM (eytER)
Posted by: Wendy Davis wears Prada at January 23, 2014 07:02 AM (GeVLX)
Posted by: Niedermeyer's Dead Horse at January 23, 2014 07:02 AM (DmNpO)
Posted by: Circa (Insert Year Here) at January 23, 2014 07:03 AM (659DL)
Posted by: webworker at January 23, 2014 07:04 AM (VyRoX)
Posted by: rickb223 at January 23, 2014 07:04 AM (xZxMD)
Posted by: MTF at January 23, 2014 07:05 AM (F58x4)
Posted by: rickl at January 23, 2014 07:05 AM (zoehZ)
Posted by: rickb223 at January 23, 2014 07:05 AM (xZxMD)
Posted by: BackwardsBoy, who did not vote for this shit [/i][/s][/b] at January 23, 2014 07:06 AM (0HooB)
Posted by: [/i]andycanuck[/b] at January 23, 2014 07:06 AM (vuh7l)
=====
Malice has a very set legal definition.
The leftists want everyone to think "malice = mean."
It does not.
Here is what the Supreme Court has held: "A public figure may not recover damages for a defamatory falsehood without clear and convincing proof that the false statement was made with "actual malice" -- that is, with knowledge that it was false or with reckless disregard of whether it was false or not." Sullivan v. NYT.
Note: That means a statement of fact (See the Hustler Opinion)--not a "person X is like evil person Y." That's an opinion. AN OPINION.
For the Sandusky thing to be malice it would have to be Steyn saying, "Mann is another Jerry Sandusky--a child rapist who covered it up for years." A statement of FACT.
Posted by: RoyalOil at January 23, 2014 07:07 AM (VjL9S)
Posted by: Hoby eyes, hobo skin, hobo heart, hobo parts wear Prada at January 23, 2014 07:07 AM (GeVLX)
Love it!
Not only clever, but a lovely graphic to combat their ugliness.
Posted by: Lizzy at January 23, 2014 07:07 AM (POpqt)
Posted by: runningrn at January 23, 2014 07:08 AM (o6g4X)
Posted by: lawdvd at January 23, 2014 07:08 AM (d3clc)
Posted by: fluffy at January 23, 2014 07:08 AM (Ua6T/)
http://en.wikipedia.org/wiki/Stambovsky_v._Ackley
Just saying. Finding that particular CO2-related AGW claims are unsubstantiated, backed by falsified data, fraudulent, etc. is one thing. I would expect some hoopla to a court finding CO2-related AGWis not real, but I would not place any more importance on that than what we already know.
Thanks for the update on this case.
Posted by: flounder at January 23, 2014 07:09 AM (Kkt/i)
Posted by: runningrn at January 23, 2014 07:10 AM (o6g4X)
Posted by: BackwardsBoy, who did not vote for this shit [/i][/s][/b] at January 23, 2014 07:10 AM (0HooB)
Posted by: Purp[/i][/b][/s] at January 23, 2014 07:11 AM (zxsxA)
Posted by: rickb223 at January 23, 2014 07:11 AM (xZxMD)
Posted by: lawdvd at January 23, 2014 07:11 AM (d3clc)
He made the Sandusky comparison because mann was also at Penn State.
As a proud Nitwit Lion I would like a lot more pop-cult references to the mighty JoePa, who though he may have been flawed graduated more scholar athletes than anyone in history and who inculcated the game with values. Also used his mojo to build a world class library on campus, not a sports facility.
I know I'm just baying in the wind, but it sucks that PSU is now known for Piltdown Mann and Sandusky.
Posted by: Frumious Bandersnatch at January 23, 2014 07:12 AM (A0sHn)
Posted by: Michael Mann's Magical Tonic at January 23, 2014 07:12 AM (Aif/5)
Posted by: Michael Mann's Magical Tonic at January 23, 2014 11:12 AM (Aif/5)
All it does is hide the decline.
Posted by: Insomniac at January 23, 2014 07:13 AM (DrWcr)
Posted by: Mann Lawyers at January 23, 2014 07:13 AM (aDwsi)
Posted by: BackwardsBoy, who did not vote for this shit [/i][/s][/b] at January 23, 2014 07:13 AM (0HooB)
Posted by: Nevergiveup at January 23, 2014 07:13 AM (t3UFN)
Posted by: Velvet Ambition at January 23, 2014 07:13 AM (R8hU8)
Posted by: Helen Thomas's Dead, Rotting Cooter at January 23, 2014 07:13 AM (o6g4X)
Posted by: Caliban at January 23, 2014 07:14 AM (DrC22)
Posted by: boulder toilet hobo at January 23, 2014 07:14 AM (OEuV/)
Posted by: Bud Norton at January 23, 2014 07:15 AM (6cOMd)
Posted by: runningrn at January 23, 2014 07:16 AM (o6g4X)
Posted by: webworker at January 23, 2014 07:16 AM (rMZgH)
Posted by: BlueStateRebel at January 23, 2014 07:17 AM (7ObY1)
Posted by: Older School at January 23, 2014 07:17 AM (aDwsi)
Or, when being "chivalrous" was a good and welcome and admirable thing.
Like when "gay" meant "happy"?
Posted by: Sean Bannion[/i][/s][/u][/b] at January 23, 2014 07:17 AM (6T8Ay)
Posted by: AllenG (DedicatedTenther) Ah, F It. at January 23, 2014 07:18 AM (PYAXX)
Posted by: BackwardsBoy, who did not vote for this shit [/i][/s][/b] at January 23, 2014 07:18 AM (0HooB)
Posted by: BackwardsBoy, who did not vote for this shit [/i][/s][/b] at January 23, 2014 07:20 AM (0HooB)
Posted by: polynikes at January 23, 2014 07:20 AM (m2CN7)
Posted by: Zombie Wilhelm Reich at January 23, 2014 07:20 AM (JQuNB)
Posted by: thunderb at January 23, 2014 07:21 AM (zOTsN)
Posted by: dogfish at January 23, 2014 07:22 AM (NuPNl)
Posted by: Brave Sir Robin at January 23, 2014 07:22 AM (Bd6GP)
"Overpopulation is the single greatest threat to the planet today"
I really wanted to ask her to start by euthanizing herself. You know, for the planet. And chirrens.
Posted by: Brave Sir Robin at January 23, 2014 11:22 AM (Bd6GP)
That really only applies to poor, dark-skinned people.
Posted by: Margaret Sanger at January 23, 2014 07:23 AM (DrWcr)
Posted by: whoever at January 23, 2014 07:23 AM (zu9Ee)
Posted by: Mike Hammer at January 23, 2014 07:24 AM (aDwsi)
"Overpopulation is the single greatest threat to the planet today"
Ask her how many of her students she thinks should never have been born.
Posted by: HR at January 23, 2014 07:24 AM (ZKzrr)
Posted by: thunderb at January 23, 2014 07:24 AM (zOTsN)
Posted by: FenelonSpoke at January 23, 2014 07:25 AM (7kkQJ)
Posted by: Mike Hammer at January 23, 2014 07:25 AM (aDwsi)
pro lifers to borrow this. ;-) pic.twitter.com/kcF7wvZvPg
Love it!
Not only clever, but a lovely graphic to combat their ugliness.
Succinct class is in session.
=========
That really does need to be a bumper sticker.
Love how it stuffs their pretend tolerance right back in their faces.
Posted by: RoyalOil at January 23, 2014 07:26 AM (VjL9S)
Posted by: Hippocrates at January 23, 2014 07:26 AM (JQuNB)
Posted by: Mike Hammer at January 23, 2014 07:27 AM (aDwsi)
I've no doubt she'd have a list. This one has more than one sibling, that one has parents who take her to church...
Posted by: HR at January 23, 2014 07:27 AM (ZKzrr)
Posted by: tsrblke, PhD(c) No Really! at January 23, 2014 07:28 AM (GaqMa)
Posted by: Mike Hammer at January 23, 2014 07:28 AM (aDwsi)
Posted by: webworker at January 23, 2014 07:30 AM (cdYeu)
Posted by: thunderb at January 23, 2014 07:30 AM (zOTsN)
This is the same person who voted for Obama twice, right?
Are you sure she understands her research?
Jus' sayin'
Posted by: Sean Bannion[/i][/s][/u][/b] at January 23, 2014 07:32 AM (6T8Ay)
Posted by: Hippocrates at January 23, 2014 07:32 AM (JQuNB)
Posted by: BackwardsBoy, who did not vote for this shit [/i][/s][/b] at January 23, 2014 07:32 AM (0HooB)
Posted by: Hobo parts wear Prada at January 23, 2014 07:32 AM (GeVLX)
Posted by: [/i][/b][/u][/s] Tami at January 23, 2014 07:32 AM (bCEmE)
Posted by: Mike Hammer at January 23, 2014 07:32 AM (aDwsi)
including the.... the University of East Anglia...
Heh. One of the better laughs I have had in a while. The climategate fraudsters are gonna back him up.
Posted by: Guy Mohawk at January 23, 2014 07:32 AM (n0DEs)
Posted by: Hippocrates at January 23, 2014 11:32 AM (JQuNB)
FIFY.
Posted by: Insomniac at January 23, 2014 07:33 AM (DrWcr)
Posted by: tsrblke, PhD(c) No Really! at January 23, 2014 07:33 AM (GaqMa)
Posted by: Hobbitopoly at January 23, 2014 07:33 AM (fk1A8)
Posted by: thunderb at January 23, 2014 07:33 AM (zOTsN)
Posted by: MikeH at January 23, 2014 07:33 AM (136wp)
I wish she'd pine for the fjords.
Posted by: Sean Bannion[/i][/s][/u][/b] at January 23, 2014 07:34 AM (6T8Ay)
Posted by: rickb223 at January 23, 2014 07:36 AM (xZxMD)
On behalf of the 91.8 million who are no longer in the workforce, please extend my thanks.
Posted by: Sean Bannion[/i][/s][/u][/b] at January 23, 2014 07:36 AM (6T8Ay)
Posted by: rickb223 at January 23, 2014 07:37 AM (xZxMD)
Posted by: webworker at January 23, 2014 07:37 AM (DgUzc)
Posted by: Cornfed at January 23, 2014 07:38 AM (Hoy9u)
Posted by: tsrblke, PhD(c) No Really! at January 23, 2014 07:39 AM (GaqMa)
Posted by: Roy at January 23, 2014 07:40 AM (VndSC)
Posted by: Dang at January 23, 2014 07:40 AM (MNq6o)
Posted by: BackwardsBoy, who did not vote for this shit [/i][/s][/b] at January 23, 2014 07:41 AM (0HooB)
Posted by: Mega at January 23, 2014 07:41 AM (hHFOx)
Posted by: RoyalOil at January 23, 2014 07:42 AM (VjL9S)
Chumps do it so people who hate us can get free shit.
Posted by: HR at January 23, 2014 07:42 AM (ZKzrr)
Yes, it does. All she needs is a honkable red nose....
Posted by: backhoe at January 23, 2014 07:43 AM (ULH4o)
Elections have consequences.
She chose....poorly.
Posted by: Sean Bannion[/i][/s][/u][/b] at January 23, 2014 07:44 AM (6T8Ay)
Posted by: tsrblke, PhD(c) No Really! at January 23, 2014 07:44 AM (GaqMa)
Posted by: rickb223 at January 23, 2014 07:45 AM (xZxMD)
Posted by: Nevergiveup at January 23, 2014 07:46 AM (t3UFN)
Posted by: rickb223 at January 23, 2014 07:46 AM (xZxMD)
Posted by: nerdygirl at January 23, 2014 07:46 AM (wVAX5)
Posted by: tsrblke, PhD(c) No Really! at January 23, 2014 07:47 AM (GaqMa)
Flaming globes, Sigmund! Flaming globes!
Posted by: Larry David[/i][/s][/u][/b] at January 23, 2014 07:47 AM (6T8Ay)
Posted by: nerdygirl at January 23, 2014 07:47 AM (wVAX5)
Posted by: Cicero Kid at January 23, 2014 07:51 AM (tcK++)
Posted by: webworker at January 23, 2014 07:53 AM (DgUzc)
Posted by: Donavon PfeifferJr at January 23, 2014 07:55 AM (w/J7i)
Posted by: webworker at January 23, 2014 07:59 AM (pEOD8)
Posted by: JEM at January 23, 2014 07:59 AM (o+SC1)
Posted by: Mike Hammer at January 23, 2014 10:23 AM (aDwsi)
No, Mike. Mann has no case there. The article in question did not in any way compare Michael Mann to Jerry Sandusky. The analogy was drawn between the way that Penn State handled the allegations in each instance.
Posted by: Alberta Oil Peon at January 23, 2014 08:02 AM (pFqpP)
Posted by: Alberta Oil Peon at January 23, 2014 08:04 AM (pFqpP)
Seems like Mann is going to find out "discovery" is a bitch
Posted by: The Jackhole at January 23, 2014 08:05 AM (nTgAI)
Posted by: Trivial Pursuer at January 23, 2014 08:05 AM (/sohm)
Posted by: Krebs v Carnot: Epic Battle of the Cycling Stars™ [/i] [/b] [/s] at January 23, 2014 08:33 AM (71bXH)
Posted by: whoever at January 23, 2014 08:36 AM (zu9Ee)
Posted by: JEM at January 23, 2014 08:42 AM (o+SC1)
Posted by: Jenny2 at January 23, 2014 08:54 AM (2dN+R)
Posted by: TommyVee at January 23, 2014 08:58 AM (L+Mit)
Posted by: dirks strewn at January 23, 2014 08:58 AM (kfcYC)
Posted by: TommyVee at January 23, 2014 09:01 AM (L+Mit)
Posted by: whoever at January 23, 2014 09:10 AM (zu9Ee)
Posted by: occam's brassiere at January 23, 2014 09:19 AM (QZkRD)
Posted by: occam's brassiere at January 23, 2014 09:20 AM (QZkRD)
Posted by: Inspector Cussword at January 23, 2014 09:27 AM (UfYXk)
Posted by: occam's brassiere at January 23, 2014 09:34 AM (QZkRD)
There was no charge of "fraud," firstly--at least not in any legally actionable sense. The use of the term fraud in the NRO piece is an example of rhetorical hyperbole, which is protected speech under 1st Amendment precedent. Even if we were to pretend otherwise, the NRO piece merely offers opinion based on interpretation of on-the-record facts--also protected speech. See Partington v. Bugliosi, 56 F.3d 1147, 1156–1157 (9th Cir.1995). The factual validity of Mann's research is actually entirely irrelevant to the legal controversy. Mann wouldn't have a case even if he weren't a public figure. However, since he is, his counsel will have to show actual malice (not to be confused with common law malice, i.e., hatred or spite). To show actual malice, it will be necessary to show that NRO published a factual allegation they knew was false. The Sandusky comparison is not probative in this matter, obviously.
If there's one thing I've learned about juries over the years, it's that they're volatile. But it ultimately won't matter. Albert Snyder thought he had a case against the Westboro Baptist Church on an IIED claim. A Maryland jury agreed. Good for Snyder. Good for the legally illiterate Maryland jury. The Supreme Court reversed 8-1. The same will happen to any judgment Mann gets at the trial court level.
Posted by: Mr. Estrada at January 23, 2014 10:27 AM (TWZ2J)
Posted by: m at January 23, 2014 11:35 AM (omrQI)
Posted by: CBDunkerson at January 24, 2014 04:24 AM (upD3U)
That Mark Steyn is quite a guySay admirers with a quiet sighThen comes Mike Mann
(Who could use a tan)
Sueing Steyn who just spits in his eye
There's pseudo-scientist Mann
No more than a flash in the pan
Sueing Steyn wasn't cool
So he proved he's a fool
Who'll wind up in the court's trash can
The pseudo-scientist Mann
Who's hockey stick graph was a sham
Though he found minor fame
Much to his shame
Steyn's take-down hit a grand slam
Posted by: nannieboobot at January 24, 2014 01:58 PM (CUiZA)
Posted by: Rachel at January 25, 2014 03:00 AM (LkS95)
Posted by: Jack Straw at January 25, 2014 04:01 AM (sNg45)
Posted by: Jonny be good at January 25, 2014 05:20 AM (ybydQ)
Posted by: Born Free at January 25, 2014 09:44 AM (xL8Hf)
Posted by: RobertW at January 25, 2014 01:15 PM (cv1EW)
Posted by: Siouxsan at January 30, 2014 03:31 PM (HkLXP)
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Posted by: Justin Beaver at January 23, 2014 06:04 AM (Dwehj)