Justice delayed is justice denied, and then there’s Mark Steyn

I can only assume that whatever powers that be that might exist within the American legal system, there would be at least some effort being made to expedite the case of one of the most media savvy people in the universe. Not the case at all, or if it is the case, just how fantastically slow must that system be in normal times. Here Mark catches us up on how things are going in the trial of the century against not-the-Nobel-Prize winning climate change liar, Michael Mann:

This case is no nearer a trial date than it was two years ago, but even someone such as myself, who has long argued that the process is the punishment, has to doff his cap to the playful lads at the DC Court of Appeals, who after sitting on the case lo these many months decide to schedule oral arguments on a case in which almost all parties live way out of jurisdiction for the Tuesday before Thanksgiving. I suppose I should be grateful they didn’t make it Wednesday, and well and truly stuff my turkey.

This is seriously insane. Is there not one branch of the American system of governance that is up to the mark? Watching this inaction has been a cosmic experience, but how must it be for people without money or access to the media?

You can help with the defence in a kind of twofer; you can as I have done, provide funds to the Mark Steyn defence and also get a copy of The [Un]documented Mark Steyn written by the single greatest satirist in the world today.

Repeat a lie often enough . . .

michael mann gw hoax

Since facts don’t matter in the global warming debate, this won’t matter either. But this is from a post at Powerline titled, MICHAEL MANN IS A LIAR AND A CHEAT. HERE’S WHY. See the diagram? This is the text that goes with it:

The figure on the left is a blow-up of the far-right portion of the dramatic hockey stick diagram as it was featured in the IPCC’s Third Assessment Report. It purports to show steeply rising temperatures in the latter portion of the 20th century. The green line represents Keith Briffa’s tree ring data. Note how it discreetly disappears behind the other lines. The graphic on the right shows Briffa’s data as it actually existed. The later decades of Briffa’s data, showing a sharp decline in temperature after 1960, were simply cut out in the diagram as published by the IPCC.

There is clearly no fighting it any more. I’ll just have to go and see if I can get a grant.

The future of Mannkind

Having watched Mark Steyn pick apart the human rights industry in Canada was merely a prelude to his evisceration of the American injustice system as a whole. Steyn has decided to go it alone in his suit and counter-suit with Michael Mann, and they are at the “discovery” process, or would be if anyone allowed the case to go forward. So where are we up to now:

On Saturday, I noted that Mann had yet to join me in filing an objection to National Review’s Motion to Stay Discovery. He did so today:

Defendant Mark Steyn opted not to appeal the denial of the motions to dismiss the amended complaint. Rather, Mr. Steyn has filed an answer and counterclaims and has expressed his intention to move forward with discovery, regardless of the fact that his co-defendants have opted to appeal.

Indeed, I have. So what’s Dr Mann’s position? Well, it’s a two-part response.

On the one hand, he’s in favor of his proceeding with discovery against me:

The fact that Mr. Steyn has not appealed the denial of the motions to dismiss counsels further against a discovery stay. Mr. Steyn, like Dr. Mann, has made clear his desire to have this Court resolve this lawsuit and to move forward with discovery immediately. As such, there is no reason for this Court to delay discovery further.

On the other hand, he’s totally opposed to my proceeding with discovery against him:

While Dr. Mann agrees with Mr. Steyn that discovery should move forward on Dr. Mann’s claims, discovery cannot move forward on Mr. Steyn’s counterclaims.

Oh, my. You do surprise me.

The law and Mr Steyn

steyn monkey trial

Actually don’t click there but click here to assist Mark Steyn. But just how broken is the American justice system. This broken:

After a year and a half ensnared by poisonous fecal tendrils in the unpumped toxic septic tank of DC “justice”, I don’t think “broken” quite covers it. To any non-American, this system is utterly repulsive. In England, trial by jury replaced trial by ordeal. Somehow America has managed to turn trial by jury into a mere postscript to trial by ordeal. I think it ought to be possible to litigate a 270-word blog post in under 270 weeks. So let’s get on with it.

In the meantime, Steyn doesn’t think Michael Mann actually wants to go to court, but with a $30m countersuit in the way he will have no choice. Steyn will some day end up with a bit of that Nobel Prize loot Mann never actually won.

A slapp shot from the point

It’s only a minor thing in the face of all of the other repressive activities in the US, but Mark Steyn’s travails within the court system, after having been sued by Michael Mann over his hockey stick, is quite significant in its own way, possibly more so because Mark is one of the few who is willing and able to fight back. In an article he brilliantly titles Slappstick Farce – and you will have to read the article to understand how clever it is – Steyn discusses how difficult it has been within the American system to deal with Mann’s lawsuit. One more example of how someone on the right finds dealing within the system so difficult.

I don’t think much about the First Amendment these days. As a practical matter, it’s simply not feasible in a global media market to tailor one’s freedom of expression to the varying local bylaws. So I take the view that I’m entitled to say the same thing in Seattle as I would in Sydney or Stockholm, Sofia or Suva. But, were Dr. Mann to prevail, it would nevertheless be the case that his peculiarly thin skin and insecurities would enjoy greater protection under U.S. law than they do in Britain, Canada, Australia, and other jurisdictions. It would thus be a major setback for the First Amendment.

That’s worth making a noise about. Up north, following a similar SLAPP suit from the Canadian Islamic Congress, my publisher Maclean’s, who are far less ideologically simpatico to me than NR, nevertheless understood the stakes — and helped get a disgusting law with a 100 percent conviction rate first stayed by a hitherto jelly-spined jurist and ultimately repealed by the Parliament of Canada. This too is a free-speech case. Free speech is about the right to thrash out ideas — on climate change, gay marriage, or anything else — in the public square, in bright sunlight. And you win a free-speech case by shining that sunlight on it, relentlessly. As we embark on our second year in the hell of the D.C. court system, that’s what I intend to do.I don’t think much about the First Amendment these days. As a practical matter, it’s simply not feasible in a global media market to tailor one’s freedom of expression to the varying local bylaws. So I take the view that I’m entitled to say the same thing in Seattle as I would in Sydney or Stockholm, Sofia or Suva. But, were Dr. Mann to prevail, it would nevertheless be the case that his peculiarly thin skin and insecurities would enjoy greater protection under U.S. law than they do in Britain, Canada, Australia, and other jurisdictions. It would thus be a major setback for the First Amendment.

The comparison is with Macleans, which is something like The Bulletin once was, and National Review, which is supposed to be the stalwart beacon of freedom on the right, is part of Steyn’s continuing disenchantment with the magazine in which he writes. Hardly anyone is standing up for freedom in the US any longer, with the dangers to wealth and reputation so large that the risks of being anything but a leftist jerk are just getting too high.