This appeared here. I have not posted this until now because I was waiting for permission to post the whole article. I wish to thank John for allowing me to publish his work. RK
Massive counterclaims, in excess of $10 million, have just been filed against climate scientist Michael Mann after lawyers affirmed that the former golden boy of global warming alarmism had sensationally failed in his exasperating three-year bid to sue skeptic Canadian climatologist, Tim Ball. Door now wide open for criminal investigation into Climategate conspiracy.
Buoyed by Dr Ball's successes, journalist and free-speech defender, Mark Steyn has promptly decided to likewise countersue Michael Mann for $10 million in response to a similar SLAPP suit filed by the litigious professor from Penn. State University against not just Steyn, but also the National Review, the Competitive Enterprise Institute and Rand Simberg. Ball's countersuit against Mann seeks "exemplary and punitive damages. " Bishop Hill blog is running extracts of Steyn's counterclaim, plus link.
Mann’s chief undoing in all such lawsuits is highlighted in a quote in Steyn’s latest counterclaim:
“Plaintiff continues to evade the one action that might definitively establish its [his science’s] respectability - by objecting, in the courts of Virginia, British Columbia and elsewhere, to the release of his research in this field. See Cuccinelli vs Rectors and Visitors of the University of Virginia...”
At last, after 3 years of legal wrangling, it is made clear why I was so bold as to formally undertake an indemnity to fully compensate Dr Ball for my own actions in the event Mann won the case. Respected Aussie climate commentator, Jo Nova was one of the few to commend my unparalled commitment to Ball's cause.
Steyn’s legal team, aware of the latest developments from Vancouver, have correctly adduced that Ball has effectively defeated Mann after the Penn. State pretender’s preposterous and inactive lawsuit against Ball was rendered dormant for failure to prosecute. Under law, Mann’s prevarications, all his countless fudging and evasiveness in the matter, establishes compelling evidence that his motive was not to prove Ball had defamed him, but more likely a cynical attempt to silence fair and honest public criticism on a pressing and contentious government policy issue.
The fact Mann refused to disclose his ‘hockey stick’ graph metadata in the British Columbia Supreme Court, as he is required to do under Canadian civil rules of procedure, constituted a fatal omission to comply, rendering his lawsuit unwinnable. As such, Dr Ball, by default, has substantiated his now famous assertion that Mann belongs "in the state pen, not Penn. State." In short, Mann failed to show he did not fake his tree ring proxy data for the past 1,000 years, so Ball’s assessment stands as fair comment. Moreover, many hundreds of papers in the field of paleoclimate temperature reconstructions that cite Mann’s work are likewise tainted, heaping more misery on the discredited UN’s Intergovernmental Panel for Climate Change (IPCC) which has a knack of relying on such sub prime science.
Where Do We Go From Here?
It will likely be open season on Mann. Anyone may now freely dismiss him in the harshest terms as a junk scientist who shilled for a failed global warming cabal. Without fear of his civil legal redress, we may now refer to Mann for what he is: a climate criminal, a fraudster.
Being that Mann's suit in the BC court was filed 3 years ago before he filed against Steyn, it appears Dr Ball will be first in line with his counterclaims and pipping Steyn for the well-deserved $10 million compensation prize. That’s if Mann's financial backers (most notably, the David Suzuki Foundation) aren't bankrupted first.
Woe for Weaver, too
But the more savvy climate analysts will note something here that is far more important scientifically than just Ball’s sensational legal victory over Mann. That is Ball’s more telling concurrent court triumph over Professor Andrew Weaver, “climate scientist” at the University of Victoria, BC, Deputy Leader of the Green Party of British Columbia, and a member of the British Columbia Legislative Assembly. Weaver has also established himself as the IPCC’s lead climate modeler.
Long-time readers may recall that Weaver also sued Ball for libel in February 2011, some months before Mann took a punt at it. David Suzuki's mouthpiece, desmogblog.com made huge fanfare of it at the time. Both Ball and I suffered the ignominy of having all our online articles removed from the Canada Free Press website after CFP caved into the bully boy tactics masterminded behind the scenes by the deep-pocketed David Suzuki and his Desmogblog cronies, who thereafter smeared my name, too).
Weaver’s libel suit against Ball has also now been rendered dormant due to failure to prosecute because Weaver, like Mann, won’t disclose his (similarly dubious) metadata. Both these prominent men have been expensively represented by one of Canada’s top libel experts, Roger McConchie, who claims he “literally wrote the book on “Canadian Libel and Slander Actions.””
This is an epic double whammy for Ball. As an inadvertent courtroom martyr for climate skeptics Dr Ball has destroyed the credibility of both the IPPC paleoclimate record (Mann’s ‘hockey stick’ graph ‘science’) and all those IPCC computer model ‘projections’ of a dangerously warming climate (Weaver’s ‘science’). And all achieved in the most important ‘peer reviewed’ venue possible – a government court of law. The threat of the cold light of truth being shone on their "secret science" was a step too far for Mann and Weaver. As such, the alarmist (false) claims of a cooler past climate presented by Mann, and doomsaying computer model projections of a dangerously warming future climate, presented by the still hugely influential Weaver, would not stand up in court.
So, forget Steyn’s case – the court victories that count, in terms of the scientific (and political) consequences, are entirely due to Tim Ball. By tenaciously and bravely defending his actions for three long years the mild-mannered septaugenarian has single-handedly proved that the very core of government climate science is junk. Thereby, this instance of 'science on trial' is no less significant, in the broadest sociatal context, as the infamous Scope's Monkey Trial of 1925.
But was the "evidence" for global warming intentionally and illegally concocted? By their persistence in hiding their data we may think so, as far as Mann and Weaver are concerned; while Dr Ball's latest sensational book,''The Deliberate Corruption of Climate Science;' detailing the Climategate shenanigans, is a 'must read' as to culpability. But only a full criminal investigation will be determinative of all that. The question now is, will the U.S. and Canadian governmental authorities have the stomach to delve deeper?