Washington Post on the Mann FOIA Case

The Northern Virginia reporter for the Washington Post discusses the current state of the ATI FOIA case here.

Lat fall, Mann decided that the University of Virginia was not protecting his interests vigorously enough and moved to be added as a party to the case. Subsequently, the university sent the dossier to Mann, who is no longer an employee.

ATI has applied for the documents provided to Mann, arguing that they can’t give the documents out selectively, citing a 1983 precedent. Several leading Virginia FOIA experts told the Washington Post that ATI has a good argument.

UVA lawyers defended the selective disclosure saying that Mann was “not an adverse party essentially” and, using a not entirely apt phrase, explained that they were “sharing information with a teammate as opposed to the other side”. Ironically, Mann originally asked to be a separate party to the litigation because he felt that “his interest is not currently being adequately protected” – a position that seems inconsistent with UVA’s present position that they are “teammates”.

In addition, ATI has applied to depose Mann on his affidavit, a pretty standard aspect to civil cases. Mann has argued that he should not have to be deposed, with his main argument being (more or less) that ATI are bad people, a perspective frequently held by parties in civil litigation, but not relevant to mundane procedures like depositions.

Mann called ATI’s argument “disingenous”. Mann contradicted the FOIA experts interviewed by the Washington Post:

I’m a bit surprised that anyone professing to be familiar with the law would believe that [ATI’s] argument has any merit at all,”

Vignettes before MM2003

Prior to the publication of McIntyre and McKitrick (2003), there are two references to me in the Climategate 2 dossier.
June 2003
In June 2003, Timothy Carter, a Climate Research editor then embroiled in the Soon-Baliunas dispute, sent Jones (CG2 – 2064) a copy of my June 15, 2003 post at a climate chat group on different versions of the Tornetrask (“Fennoscandia”) chronology, noting, in particular, the Tornetrask chronology then in use in the reconstructions contained a material “fudge” (my term; “bodge” is the CRU term) that (in my words) “hardly seems like a justifiable statistical procedure”. Jones replied:

Tim,
Thanks for this. I’ve been in touch with this guy (Steve McIntyre) before. I think he works in the US. He asked me a few things about the instrumental data, then more, then more and asked for more data. I eventually gave up but he is quite able.
The Finn is Timo Hameranta (or something like that) and is right of right field!
Cheers, Phil

My records of the correspondence are quite different, but that’s another story.

Oct 19-20, 2003

CG2 (1566) also contains a discussion among Mann and the inner team that sheds an interesting light on some long-standing disinformation disseminated by Mann at the time of the publication of MM2003 (which was released one week later.)

On October 17, Bradley, Hughes and Diaz had published a sort of response to Soon and Baliunas (2003). They selected 21 series with properties that by that time were well-known (Yamal, Mann’s PC1, Thompson’s tropical ice cores, etc.) and asserted that a majority had modern “warmth” exceeding levels in the MWP. (Since the properties of the selected series were known in advance of their selection, it was hardly surprising that Bradley, Hughes and Diaz would pick ones where the modern warm period exceeded the medieval warm period, but, again, that is a different story.)

I commented at Timo Hameranta’s chat group as follows:

[Quoting from Bradley et al 2003] Since Lamb’s analysis, many new paleotemperature series have been produced. However, well-calibrated data sets with decadal or higher resolution are still only available for a few dozen locations (see the figure).

A few points:

1)the selection of datasets in these little data-mining exercises always seems arbitrary to me. It’s hard to know how these datasets were selected based on the assertion above.

2) the use of digitally unpublished data is highly frustrating. Of the 23 datsets referred to here, I can only locate 7 at the World Data Center for Paleoclimatology. www.ngdc.noaa.gov/paleo/ . Some of the worst offenders in this respect include Mosley-Thompson, Cook, Hughes and Briffa.

3) I looked at series 13, the China speleotherm which I haven’t looked at before and which is at WDCP. The start date is shown incorrectly in this article (the series begins in -665. The data is transformed (in the original article) to remove a “trend” and transformed again to estimate “temperature”. On the actual data, values in early periods are higher than 20th century values. Only after 2 transformations do high 20th century values emerge.

I followed up by writing to the criticized authors, receiving a response only from Cook who affirmed his intention to archive the then recent Oroko data. My initiative also resulted in Konrad Hughen archiving his data. I reported on this initiative a few days later, exempting Cook (who is consistently the most “scientific” of the Climategate correspondents) from my previous criticism. (Many of these series have subsequently become available, in part, because of my criticism of practices in the field.)

Either Mann was monitoring Hameranta’s chat group (unsurprising given his paranoia about “skeptics”) or my comment was passed to him. In any event, on October 19, Mann alerted Jones, Briffa, Bradley, Hughes, Diaz and Rutherford to “McIntyre”. Mann characterized me as “yet another shill for industry”, one who had made “scurrilous” criticisms of the recent Bradley paper.

FYI–thought you guys should have this (below). This guy “McIntyre” appears to be yet another shill for industry–he appears to be the one who forwarded the the scurrilous “climateskeptic” criticisms of the recent Bradley et al Science paper.

Precisely what was “scurrilous” about my observations about the Bradley paper remains unclear to me. Other than, perhaps, the temerity of daring to criticize Bradley. Mann’s email to the others also included our Sept 25, 2003 correspondence, in which I had sent him the file to which I had been directed at his website (pcproxy.txt) as being the proxy data used in MBH98, asking him to verify that this was the version that had been used in the paper. Mann had blown off my request and in his Oct 19 email to Jones and Briffa, notified them that he had done so.

An interesting passing comment in the email is Mann’s observation that I had “been trying to break into” their server. (Only two weeks later, a different version of Mann’s proxy data was made public. Mann claimed that it had been “publicly available” all the time, but Mann’s comment here clearly shows the opposite.)

Here is an email I sent him a few weeks ago in response to an inquiry. It appears, by the way, that he has been trying to break into our machine (“multiproxy”). Obviously, this character is looking for any little thing he can get ahold of. The irony here, of course, is that simple composites of proxy records (e.g. Bradley and Jones; Mann and Jones, etc) give very similar results to the pattern reconstruction approaches (Mann et al EOF approach, Rutherford et al RegEM approach), so anyone looking to criticize the basic NH temperature history based on details of e.g. the Mann et al ’98 methodology are misguided in their efforts…

The best that can be done is to ignore their desperate emails and, if they manage to slip something into the peer-reviewed literature, as in the case of Soon & Baliunas, deal w/ it as we did in that case–i.e., the Eos response to Soon et al—they were stung badly by that, and the bad press that followed.For those of you who haven’t seen it, I’m forwarding an interesting email exchange from John Holdren of Harvard that I got the other day. He summarized the whole thing very nicely, form an independent perspective…
Cheers,
mike
p.s. I’m setting up my email server so that it automatically rejects emails from the “usual suspects”. You might want to do the same. As they increasingly get automatic reject messages from the scientists, they’ll start to get the picture…

Date: Thu, 25 Sep 2003 18:53:33 -0400
To: “Steve McIntyre”
From: “Michael E. Mann”
Subject: Re: MBH98
Bcc: Scott Rutherford , mann@virginia.edu
Dear Mr. McIntyre,
A few of the series terminate prior to the nominal 1980 termination date of the
calibration period (the earliest such instance, as you note, is 1971). In such cases, the data were continued to the 1980 boundary by persistence of the final available value. These details in fact, were provided in the supplementary information that accompanied the Nature article. That information is available here (see first paragraph):
[1]ftp://eclogite.geo.umass.edu/pub/mann/ONLINE-PREPRINTS/MultiProxy/data-supp.html
and here:
[2]http://www.ngdc.noaa.gov/paleo/ei/data_supp.html

The results, incidentally, are insensitive to this step; essentially the same
reconstruction is achieved if a calibration period terminating in 1970 (prior to the termination of any of the proxy series) was used instead.

Owing to numerous demands on my time, I will not be able to respond to further
inquiries. Other researchers have successfully implemented our methodology based on the information provided in our articles [see e.g. Zorita, E., F. Gonzalez-Rouco, and S. Legutke, Testing the Mann et al. (1998) approach to paleoclimate reconstructions in the context of a 1000-yr control simulation with the ECHO-G Coupled Climate Model, J. Climate, 16, 1378-1390, 2003.]. I trust, therefore, that you will find (as in this case) that all necessary details are provided in the papers we have published or the supplementary
information links provided by those papers.

Best of luck with your work.
Sincerely,
Michael E. Mann

At 05:28 PM 9/25/2003 -0400, Steve McIntyre wrote:
Dear Prof Mann,
Here is the pcproxy.txt file sent to me last April by Scott Rutherford at your
direction. It contains some missing data after 1971. Your 1998 paper does not describe how missing data in this period is treated and I wanted to verify that it is the correct file.

How did you handle missing data in this period? In earlier periods, it looks like you changed the roster of proxies in each of the periods described in the Supplementary Information using only proxies available throughout the entire period.

I have obtained quite close replication of the rpc1 in the 20th century by calculating coefficients for the proxies and then calculating the rpc’s using the minimization procedures described in MBH98 and the selection of PCs in the Supplementary Information. The reconstruction is less close in earlier periods. I also don’t understand the reasoning for reducing the roster of eigenvectors in earlier periods. The description in MBH98 was necessarily
very terse and is still very terse in the Supplementary Information; is there any more detailed description of the reconstruction methodology to help me resolve this?

Thank you for your attention.
Yours truly,
Steve McIntyre,
Toronto, Canada

Jones replied to the group, mentioning that he had sent me “some station temperature data in the past”. (This was an earlier version of the station data that Jones subsequently claimed to be top secret.) Jones sneered at the naivete of my criticisms of non-archiving, saying that there were many authors far worse than the ones that I had criticized. (Perhaps so, but they weren’t cited in the Bradley et al paper.)

Dear All,
I’ve had several emails from Steve McIntyre. He comes across in these as friendly, but then asks for more and more. I have sent him some station temperature data in the past, but eventually had to stop replying to me. Last time he emailed me directly was in relation to the Mann/Jones GRL paper. That time he wanted the series he used. I suspect that he is the person who sent the email around about only 7 of the 23 series used by Ray et al. being in WDC-Paleo. I told him then that he needs to get in contact with the relevant paleo people. It seems only Mike, Ray and me got this email from Timo, so I’ll forward it.

He names the worst offenders (ie those not putting data on WDC-Paleo) as being Cook, Mosley-Thompson, Hughes and Briffa !! He clearly should go to a few paleo meetings to find out what is really out there. Last week I saw the Patzold Bermuda coral record again. It is now 1000 years long and all there is an unwritten paper !

The second email I’m forwarding is one from Bill Kininmonth. I’ve met Bill several times at WMO meetings and in Australia. Bill has retired now. When I knew him he knew very little about paleo. I wouldn’t bother replying, unless you want to go into chapter and verse and don’t think through Timo. I would like to believe Bill would be receptive, but it would take time. You could suggest, Ray, he reads your book rather than Lamb’s, but from his tone that might not go down too well ! Both Hubert’s books in the early 1990s are basically updates of his 1974/77 books, with more references and in a chattier style.

Cheers, Phil

It’s interesting to see that Mann, who at that time knew nothing about me, was nonetheless quick to portray me as a “shill” and had recommended strategies for rejecting emails.

An unusual acknowledgement within the academic world

Dr UK writes in about an interesting article about ad hominems in the Climategate emails

Ad hominem arguments in the service of boundary work among climate scientists
By Lawrence Souder, Furrah Qureshi

In their conclusions, Souder and Qureshi contrast the behaviour of climate scientists revealed in the Climategate emails with that of gravity wave scientists studied by H. M. Collins:

In his ethnography of gravity wave scientists, Collins fantasized: “[S]cience done with real integrity can provide a model for how we should live and how we should judge.” He makes this claim not because he finds perfection in the practice of science but because he found practitioners of science in a community who openly revealed their imperfections. This community, he boasted, gave him virtually complete access to their work. On account of this transparency he felt he could trust them implicitly.

I found the Souder and Qureshi paper very interesting. It analyses (in a qualitative way) the different forms of ad hominem attacks found in Climategate emails. It is getting short shrift in the comments at Bishop Hill, and indeed contains some factual errors and misunderstandings. But as commenter The Leopard in the Basement puts it, if one gets past the socio-speak and the references to ‘deniers’:

“I’m pretty sure the Team won’t like this one bit if they ever saw it it.”

Some factual errors in the article e.g. Real Climate was started before Climate Audit, but an unusual acknowledgement within the academic world.

Jolis Reviews Mann

Anne Jolis of WSJ has a sensible review of Mann’s book here. Also an online video here.

She aptly refers to Mann the climate warrior as a “climate kamikaze”. She neatly summarizes the book as follows:

But rather than a chronicle of research and discovery, it’s a score-settling with anyone who has ever doubted his integrity or work: free-market think tanks, industrialists, “scientists for hire,” “the corruptive influence of industry,” the “uninformed” media and public. So, a long list.

Very much so. Mann’s score-settling includes a re-litigation of even the smallest point, conceding nothing. Jolis acutely observes:

The trouble, as Mr. Mann sees it, is that while his own errors have been honest and minor, his detractors’ amount to “disinformation.”

Jolis quotes Mann:

“Given the complexities,” he writes, “it’s easy enough to make mistakes. For those with an agenda, it is even easier to overlook them or, worse, exploit them intentionally.”

On this point, reasonable people can agree.

Jolis acidly calls Mann out on his own tactics:

Yet for all his caviling about “smear campaigns,” “conspiracy theorists” and “character assassination,” Mr. Mann is happy to employ similar tactics against his opponents.

Give the review a read.

P.S. I’ve read the book. Responding to all its disinformation is like getting a root canal without anaesthetic. I’m glad that Brandon Shollenberger has considered some of the points, but, even with the considerable effort that he’s made, he’s only scratched the surface of the disinformation. It amazes me that the climate “community”, which one presumes as having some residual scientific standards, not only takes no offence at Mann’s disinformation, but even embraces it.

Gleick and the HP “Pretexting” Scandal

In 2006-7, officers and/or agents of Hewlett Packard were separately charged under California and federal law for their role in a “pretexting” scandal, a scandal in which an investigator impersonated HP directors and reporters in order to establish responsiblity for leaks of non-public information that appeared to originate from company directors.

Gleick’s impersonation of a Heartland director was a form of “pretexting”, though his alleged forgery and public dissemination of documents go well beyond the HP incident. On the other hand, Gleick’s fraud did not involve public utility records or use U.S. federal identification numbers; as a result, some counts in the HP case do not apply to Gleick, though most do (plus some others).

Most of the limited discussion of Gleick’s conduct has been based on federal law, but state criminal law is very much involved. Hewlett Packard is based in San Francisco and is subject to the same state law as Gleick’s Pacific Institute, located across the bay. In addition, identity theft offences can be charged in the state of the person impersonated.

Once the HP pretexting facts became public, state and federal investigations were quickly launched (as well as congressional hearings.) The dilatory response of authorities in the Gleick case stands in remarkable contrast. Read More »

Gleick and the Watergate Burglars

We are approaching the 40th anniversary of the original Watergate burglaries. Although everyone has heard of the scandal, most people have either forgotten or are too young to remember that the purpose of the Watergate burglaries was to copy documents listing donors to the Democratic Party and their financial contributions, either hoping or expecting to find evidence of contributions from “bad” sources (the Cuban government).

Like the Watergate burglars, the objective of Gleick’s fraud against Heartland was to obtain a list of donors, expecting to find evidence of “bad” contributions to their climate program (fossil fuel corporations and the Koch brothers.) The identity of objectives is really quite remarkable. The technology of the Watergate burglars (break-in and photography) was different than Gleick’s (fraud and email). And the consequences of being caught have thus far been very different.

In today’s post, I’ll reconsider the backstory of the Watergate burglaries to place present-day analogies to the Watergate era in better context. Read More »

Above the Law

Despite its acclaim among the climate community, the recent Virginia decision (linked from article here) that public agencies are not subject to the Virginia Fraud Against Taxpayers Act (FATA) is hardly one that resolves any real issue. The decision was not based on a rational consideration of whether Cuccinnelli had sufficient grounds to investigate Mann under FATA (a point on which I had spoken out in Mann’s favor), but on the totally bizarre grounds that the Attorney General is only entitled to investigate individuals and private corporations under FATA and that state agencies (in which category the decision places the University of Virginia) are not subject to FATA. This is a technical and counter-intuitive decision that surely invites either amendment to the legislation or further direct action by Cuccinnelli. I don’t see how anyone can view this as a satisfactory resolution to an unseemly affair.
Read More »

Mann on Irreproducible Results in Thompson (PNAS 2006)

Michael Mann’s new book, The Hockey Stick and the Climate Wars, discusses my comment [SMc note - this post is by Hu McCulloch] , “Irreproducible Results in Thompson et al., ‘Abrupt Tropical Climate Change: Past and Present’ (PNAS 2006),” that was published in 2009 in Energy & Environment. My comment pertained to an article by Lonnie Thompson and eight coauthors that had appeared in the Proceedings of the National Academy of Sciences back in 2006. As soon as my comment was accepted for publication, I posted a less technical summary on Climate Audit, entitled “Irreproducible Results in PNAS” (4/24/09).

Dr. Mann’s discussion of my comment is the first published feedback to it by any of Thompson’s associates, and hence I am very grateful for the attention he has drawn to it. However, I beg to disagree with Mann’s appraisal of it.

Read More »

Eats, Shoots, and Leaves

Lynn Truss‘ book on punctuation “Eats, Shoots and Leaves” received astonishing coverge.

The title of the book is based on the following joke:

A panda walks into a café. He orders a sandwich, eats it, then draws a gun and proceeds to fire it at the other patrons. ‘Why?’ asks the confused, surviving waiter amidst the carnage, as the panda makes towards the exit. The panda produces a badly punctuated wildlife manual and tosses it over his shoulder. ‘Well, I’m a panda,’ he says, at the door. ‘Read the manual.’ The waiter turns to the relevant entry in the manual and, sure enough, finds an explanation.

‘Panda. Large black-and-white bear-like mammal, native to China. Eats, shoots and leaves.’

Had the manual been written by Peter Gleick, the manual would have read “eats, shoots, and leaves”.

Mosher noticed the distinctive comma punctuation of the forged memo once he started looking at the memo for “high-entropy” characteristics and reported this finding in his first comment at Lucia’s, which fingered Gleick as the author of the forged memo. In the critical paragraph of the forged Confidential Memo, there are no fewer than three distinct examples of Gleickian commas:

through his Forbes blog and related high profile outlets, our conferences, and through coordination with external networks

other groups capable of rapidly mobilizing responses to new scientific findings, news stories, or unfavorable blog posts

the more extreme AGW communicators such as Romm, Trenberth, and Hansen

Parallels were then sought in Gleick’s unedited comments and didn’t take long to find. His review of Donna Laframboise had been derided at Judy Curry’s because it showed no evidence that Gleick had actually read the book. But no one commented on Gleick’s comma punctuation in that review, which was observed to match the forged memo. Here are a few examples:

Lies, misrepresentations, and a bible for climate change deniers

lies, misrepresentations, and falsehoods

those who hate science, fear science, or are afraid that if climate change is real

Maybe Gleick will get mentioned in the next edition of “Eats, Shoots and Leaves”.

Appeal to Information Tribunal

I’ve appealed to the Information Tribunal, continuing the longstanding effort by David Holland and I to obtain the attachments to Wahl’s surreptitious email to Briffa, containing Wahl’s changes to the IPCC assessment of the Hockey Stick from the assessment sent out to external reviewers. (Wahl’s changes appear to have been incorporated unchanged in the final report.)

The correspondence is online here. The adverse ICO decision of 2012-02-02 is here; the attachment to my application containing the Grounds of Appeal is online here.

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