A Climate Trial Legal Outcome

…is in the offing.  The piece by John O’Sullivan in Principia Scientific International is a bit optimistic, but the outcome is legitimately expected under Canadian law.  The offing-ed outcome concerns Penn State pseudo-scientist Michael Mann and his slander lawsuit against Canadian climatologist Dr Tim Ball in a British Columbia court.

It turns out that there are two legal factors of interest here.  One is that Canadian courts always grant adjournments before a trial in their belief that an out of court settlement is preferable, and Mann had moved for such an adjournment of the lawsuit’s trial that was scheduled to months ago on 20 Feb.  Ball agreed (of course), but he was able to get conditions imposed on that adjournment, one of which was that Mann would produce the data underlying his suit in court by 20 Feb.

Now (4 Jul) Mann has refused to provide the data.  That’s important scientifically because Ball had said Mann belongs in the state pen, not Penn State, and Ball produced this figure to illustrate why.

Notice that Mann’s graph disappears both the Medieval Warm Period and the following Little Ice Age, but it does draw in a pronounced uptick in the late 20th century, resulting in Mann’s infamous “hockey stick” representation. Below that, Ball’s graph, using more reliable and widely available public data—as opposed to “data” that Mann refused to produce in open court or anywhere else, shows the MWP (and the fact that it was warmer than today), the LIA, and that today’s temperature is well within the noisy variation of those prior 1,100 years.

The other legal factor, the larger one, is that this sort of contempt, this refusal to produce the data underlying a slander claim, is taken by Canadian courts as dispositive: the refused-to-produce data are taken ipso facto as false and so the slander claim itself is false.

[U]nder Canada’s unique “Truth Defense,” Mann is now proven to have willfully hidden his data, so the court may rule he hid it because it is fake. As such, the court must then dismiss Mann’s entire libel suit with costs awarded to Ball and his team.

This outcome, if the judge follows through as anticipated, will have tangential implications for Mann’s similar lawsuit against Mark Steyn in the DC Federal trial court.  There, the court had ruled that Mann could withhold the underlying data because they are his intellectual property.  The BC court ruling, based on Mann’s contempt of court, will be of interest in the US courts and may have some influence.

The influence will be tangential, though, for a couple of reasons.  One is that foreign court rulings have little influence on domestic courts: the logic in them might be useful to understand, but they do not direct an outcome.

The other reason is that the DC trial court erred in its ruling regarding the proprietary nature of Mann’s research results.  That research was funded by the Federal government through grants to Penn State.  What the US taxpayer pays for in the way of government funding for research or development or both, however, belongs to the Federal government, including the results of that research or development.  Only the processes used in the research or development can be proprietary.  Data aren’t proprietary.

There’s one other consideration regarding the PSI piece.  O’Sullivan is taking the (anticipated) ruling as blowing up Mann’s research and with it all of the research underlying claims of human-impacted global warming.  That’s a bit overwrought.  Court rulings are legal matters; they’re not scientific findings.  The (anticipated) ruling will blow up Mann’s reputation as a climate scientist, and little else.

Of What are they Afraid?

President Donald Trump has formed his commission to look into national-scale voter fraud, as promised, and that commission has asked each of the several States for a potful of voter roll information.  Even though the commission has asked for a broad range of data, it has emphasized that it wants only the data that are publicly available according to the respective States’ laws.

Nevertheless, a significant number of States have chosen to refuse to supply the data.  Virginia Governor Terry McAuliff (D), for instance, wondered with a straight face “what voter fraud?  Who—us?”

I have no intention of honoring this request. Virginia conducts fair, honest, and democratic elections, and there is no evidence of significant voter fraud in Virginia[.] … At best this commission was set up as a pretext to validate Donald Trump’s alternative election facts, and at worst is a tool to commit large-scale voter suppression.

California Secretary of State Alex Padilla also has refused.

…not provide sensitive voter information to a commission that has already inaccurately passed judgment that millions of Californians voted illegally.

Kentucky Secretary of State Alison Lundergan Grimes:

Kentucky will not aid a commission that is at best a waste of taxpayer money and at worst an attempt to legitimize voter suppression efforts across the country[.]

Look who’s prejudging the outcome of an investigation that’s just getting underway.

I fail to understand why these folks want to obstruct the investigation.  After all, what better way to shut down Trump than to show, via his own commission, that his voter fraud beef is bogus?  Unless the beef is valid, and these guys have something to hide.

Naw.  Couldn’t be.

Look Who’s Talking

Congressmen Jamie Raskin (D, MD), Sheila Jackson Lee (D, TX), and Anthony Brown (D, MD), and Delegate Eleanor Holmes Norton (D, DC) are pushing a bill that would remove President Donald Trump under the 25th Amendment because, as these Progressive-Democrats insist, Trump is mentally unfit for office.

Indeed, Raskin has said he’s been thinking about this bill since he was elected last fall.  He insists now

This is a president who seems increasingly at odds with everyone and everything around him[.]

With no trace of understanding the irony of this person making this claim after having refused to attend the President’s inauguration.  In fact, the only persons Trump is at odds with are Progressive-Democrats like Raskin and his fellows in both houses of Congress, and that only because they’ve made it their business, through their leaders Senate Minority Leader Chuck Schumer (D, NY) and House Minority Leader Nancy Pelosi (D, CA), to oppose everything Trump or Republican.

Notice a pattern there?

Paranoia: typically includes thinking of a persecutory nature, or beliefs of conspiracy concerning a perceived threat towards oneself. Making false accusations and the general distrust of others also frequently accompany paranoia.

This is a textbook description of the Progressive-Democrats’ mindset ever since they lost the elections last fall, including this time the Presidential election.  This has been what the Progressive-Democrats in Congress have been doing since the Trump administration took office, with one specious (to be generous) charge after another: of “Russia collusion,” of “interfering with Comey’s investigation,” of “Trump obstructing justice,” of “Republicans will kill thousands of people with their health care reform,” of “Republicans only want to give tax breaks to the rich,” all at the expense of doing the people’s business in Congress.

Plainly, there is need of such a bill.  But it needs to be aimed at members of Congress who have put their irrational conspiracy theories ahead of their duties to the point some members are no longer capable even of high functioning.

The Meaning of “Is”

The four liberal Justices on the Supreme Court are still confused.  One of the underreported (the Wall Street Journal did its part here) end-of-term decisions that the Supreme Court announced was its ruling in California Public Employees’ Retirement System v ANZ Securities, Inc.  The Court held that the law means what it says, neither more nor less.

The case revolved around whether Calpers could proceed with a 2011 complaint over securities the pension fund purchased from offerings in 2007 and 2008. The Securities Act of 1933 says that in “no event” shall an action be brought “more than three years after the security was bona fide offered to the public.”

But Calpers’ 2011 filing was too late; it was past that three-year limit (even if only by months relative to the 2008 offerings).  Not minding how special Calpers is (a legend in its own mind as my wife puts it), the Supreme Court held that

the three-year limit “admits of no exception” and “creates a fixed bar against future liability[.]”

Interestingly, the ruling was only by a 5-4 vote.  The liberal faction of the Court was just as self-important, or perhaps confused, as Calpers in disdaining the law: with their four votes they ignored, or were confused by, the meanings of “no event” and of “three years.”

Sanctuary Cities

For the Left it means sanctuary from inconvenient laws.  Nevertheless, the House has passed two bills aimed at eliminating such sanctuary by reducing the ability of local cities and counties to give sanctuary to illegal aliens.  One such is the No Sanctuary for Criminals Act, which looks to persuade—notice that: not force, as many on the Left insist it does—locals to hold folks in jail who’ve already been arrested by locals for local violations for up to 48 hours in response to an ICE detainer.  Kate Steinle was murdered by an illegal alien who had just been released—deliberately in contradiction of an ICE request.  Opponents, though, insist that

cooperation [with ICE] would undermine trust in law enforcement in immigrant communities….

This is just cynical: requiring that laws be obeyed (NSCA, after all, only requires existing procedure be followed) undermines respect for law and law enforcement.  Sure.

The other bill, “Kate’s Law,” for the unfortunate Ms Steinle, whose murderer was a five-times deported and reentered illegally alien, would successively increase the price of repeatedly illegally reentering the US after deportation.  The protests from the Progressive-Democrats in Congress are just as loud and foolish on this one.

It’s stupid, it has nothing to do with the criminal act that was done against Kate Steinle, which was a terrible thing[.]

Except that it has everything to do with that “terrible thing.”  Had the law been in effect at the time, it’s possible—likely, even—that Steinle’s multiply-deported and reentered murderer would have been in jail at time and Steinle would be alive today.  Of course, maybe not, too, but as the Progressive-Democrats are wont to say, “If it saves just one life….”

Oh, wait….