My compatriots Steve McIntyre and Ross McKitrick have inflicted more damage on the reputation of Michael E Mann’s global-warming hockey stick than anybody else on the planet. So, when one finds oneself being sued by the litigious Dr Mann, a prudent person pays close attention to anything the Messrs Mac have to say about the case. Steve McIntyre listened to the oral arguments in the DC Court of Appeals a month ago, and was not happy with what he heard. He has now written an extensive post on the subject, which I highly recommend, except for the first sentence:
I have an audio copy of the oral argument in Mann v Steyn…
Not to be pedantic but in fact it was Mann vs Everybody But Steyn. A year ago, my co-defendants National Review, Rand Simberg and the Competitive Enterprise Institute decided to appeal Judge Weisberg’s me-too of the previous judge Combs Greene’s denial of their anti-SLAPP order. I declined to join them on the grounds that, as the previous impenetrable sentence suggests, the DC court system had made such a procedural train wreck of the case that we might as well get on with the trial the fraudulent Mann claimed to want, and be done with it. The District of Columbia’s new anti-SLAPP law had clearly failed on its first significant outing, but, given that once this case is over I intend never again to set foot in that hellish metropolis, that’s hardly my problem.
So my three co-defendants went ahead without me, and at the end of November the troika of DC judges finally got around to hearing oral arguments on the matter. Steve McIntyre was not impressed:
One of the things often under-estimated by those readers (especially at WUWT) who are bloodthirsty for litigation as a means of settling scores is that it’s not easy for litigation lawyers to fully assimilate a complicated history. In the oral argument of the anti-SLAPP motion, both the lawyers and judges seem too often to be playing blind man’s bluff with the facts, making a decision both unpredictable and probably somewhat random.