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Mark Steyn’s opening statement in Mann v. Free Speech

Mark Steyn’s opening statement in Mann v. Free Speech

It’s not the official transcript of Steyn’s statement. It’s not even the whole thing. But this seems to be a good part of it and is what’s available now. It was a remarkable listen.

 

0:28
So and we’ll start at the beginning quote in the wake of Louis Free’s report on Penn State’s complicity in serial rape.

0:43
Ran Simberg writes of Unhappy Valley’s other scandal.

0:48
Louis Free is the former director of the FBI and after the arrest of Jerry Sandusky and the firing of Penn State’s president.

0:55
He was commissioned by the university’s trustees to investigate the culture of corruption that had enabled Sandusky to do what he did year in year out.

1:07
The free report is a damning indictment of this so called university.

1:12
We will introduce it in evidence and you can see for yourselves.

1:17
But let me cite just one passage.

1:20
This is from page 14 quote.

1:26
Yeah.

1:26
Can you put up the free report?

1:28
There, Brian.

1:29
Yeah, here it is.

1:32
Yeah.

1:33
Yeah.

1:33
Oh, here we go.

1:34
Yeah.

1:35
the most saddening finding by the special investigative council is the total and consistent disregard by the most senior by, by the most senior leaders at Penn State for the safety and welfare of Sandusky’s child victims for the most powerful people at Penn State.

1:58
Starting with President Graham B Spaniard.

2:01
You heard that word from that name from Miss Weatherford.

2:04
Hold on to it because it’s gonna be important throughout this trial.

2:08
Graham Spanier.

2:10
Graham Spanier failed to protect against the child sexual predator harming Children for over a decade, over a decade.

2:20
This wasn’t an isolated incident.

2:22
And quote, as Louis Freeh says, they exhibited a striking lack of empathy for Sandusky’s victims and just one more line for this thing.

2:31
Can we go down to the bottom?

2:34
, further they expose this child to additional harm by alerting and by alerting Sam Dusky who was the only one who knew the child’s identity of what mcqueary saw in the shower.

2:50
I’m sure we, I’m sure we have some mums and dads in this room.

2:54
Imagine if that was your child.

2:55
It’s not enough that he’s been raped in the Penn State showers.

2:58
It’s not enough that the corrupt authorities are going to do nothing about it, but just to make things worse.

3:04
, the president of the university lets the rapist know he’s been seen raping you.

3:12
So the rapist knows you’re the problem and he might have to take care of the problem in his own way.

3:17
Appalling, disgusting, shameful as FBI director free recognize.

3:24
Let’s go back to my entirely truthful publication.

3:28
As I said, I stand by every word, especially the ones about quote Penn State’s complicity in serial rape.

3:36
But let me just add a word to that, that I really should have put in when I wrote it, Penn State’s complicity in serial child rape.

3:44
Now, at this point, you may be saying, wait a minute, Louis Free Penn State, Jerry Sandusky.

3:50
Wasn’t that all a long time ago?

3:52
Over a decade?

3:53
Yeah, it was a long time ago.

3:55
If this was a movie, there would now be a big dissolve and a montage of falling calendar leaves and monochrome newsreel footage of grainy historical figures taking us all the way back to the year 2012.

4:11
That is a very long time ago, Dan, I’m sure you’re all familiar with the phrase justice delayed is justice denied.

4:20
The concept is an ancient one going all the way back to Roman Times and earlier.

4:26
But in this case, justice has been delayed for an awful long time and that places an additional burden on you, the ladies and gentlemen of the jury because you have to project yourself back to the times and the context in which my observation about Penn State’s appalling corruption occurred.

4:47
We are now over a third of the way through the third decade of this century.

4:53
The events that concern us go back to the end of the first decade and the beginning of the second.

5:00
as you can see from this timeline.

5:06
Yeah, there we go.

5:08
In 2008, a brave young teenager called Aaron Fisher went to the authorities and finally forced them after a cover up at Penn State.

5:18
Going back another decade to the last century before.

5:23
some of the younger members of the jury were born.

5:27
He finally forced them to start investigating Jerry Sandusky for his industrial scale rape and sexual assault of little boys.

5:37
That’s 2008.

5:38
The following year, 2009, the so called climategate emails were leaked from the University of East Anglia in England.

5:50
It wasn’t a hack by the way.

5:51
That’s another thing Mr Williams is fond of misstating.

5:54
It was a leak by a courageous whistleblower.

5:58
His name is generally known on the inside who wanted to expose the shenanigans to put it mildly around certain aspects of top level climate science, including the various forms of the so called hockey stick.

6:13
So in these years, the Penn State administration is juggling two scandals involving two of the university’s biggest stars, a star in the football program, Jerry Sandusky and a star in the science department.

6:28
Michael E Man.

6:30
As I said, we’re in a movie flashback here.

6:32
It’s the summer of 2012, close to 12 years ago in June that year.

6:40
Jerry Sandusky is finally convicted for his years of child rape and assault, convicted on 45 charges of sexual abuse of young boys.

6:52
That’s late June 2012.

6:54
It’s big news because 45 convictions is a whole lot of child rape.

7:00
On July the 12th FBI Director Louis Free publishes his report on the culture of corruption at Penn State.

7:10
And three days later, 72 hours later, July 15th, 2012, I write my entirely truthful internet post.

7:20
It’s called football and hockey because it’s about the scandal in the football department and the scandal of the hockey stick in the science department.

7:30
Now, just to get back to the end of that first sentence, I say Rand Simberg writes of Unhappy Valleys.

7:37
Other scandal.

7:38
Happy Valley is the region in Pennsylvania where Mr Man’s corrupt university is located and Mr Simberg calls it Unhappy Valley because certainly if you’re one of those middle school boys in the Penn State showers, it was not a happy place, not at all.

7:56
And then I quote a Farish chunk from Rand Simberg writing Mr Simberg will speak to that passage and I think you’ll find him persuasive as Miss Weatherford said, before lunch, Rand was right.

8:10
And I then say, I’m not sure I’d have extended that metaphor all the way into the locker room showers with quite the zeal.

8:19
Mr Simberg does, but he has a point.

8:22
He does.

8:23
And it’s a simple one that has the additional benefit of being true.

8:30
The plain truth as the evidence will show Penn State reacted to both scandals in Unhappy Valley in the same way by prioritizing brand protection, the protection of its stars over truth and decency under its corrupt and evil.

8:50
President.

8:51
This filthy rotten institution had a standard operating procedure.

8:56
Whatever the scandal cover it up, we saw the points of comparison that Miss Rutherford had on her chart.

9:05
Now, Mr Williams,, told you that the plaintiff was grossly offended to be compared to Jerry Sandusky.

9:16
That’s not actually what Mr Simberg did.

9:19
He compared Penn State’s treatment of Sandusky to Penn State’s treatment of man as Councilor Williams well knows, but there’d be that as it may.

9:30
I’m sure Mr Williams would be grossly offended to be compared to Jerry Sandusky.

9:35
I’m sure the judge would be Mr Mann didn’t like Mr Simberg calling him the Jerry Sandusky of climate science any more than anyone in this room would like being called the Jerry Sandusky of accountants or the Jerry Sandusky of Short order cooks or the Jerry Sandusky of dog sledders or the Jerry Sandusky of tap dancers.

9:56
But there is a difference, a key difference.

10:00
We’re not, this isn’t a case about someone being randomly compared to a pedophile.

10:07
Mr Mann was a colleague of Jerry Sandusky’s.

10:10
He describes himself as a big fan of American football.

10:14
They were both members of the Penn State faculty.

10:17
Sandusky had his own office, his own key to the showers at Penn State until the day he was arrested in November 2011.

10:27
As you will hear the same scoundrel who protected Sandusky also protected Michael Mann.

10:33
So we’re not comparing man with Sandusky.

10:35
We’re comparing the investigation of Man with the investigation of Sandusky because both investigations were controlled by the same chap, a corrupt convicted criminal called Graham Spanier.

10:50
, apparently they have yellow jumpsuits in Pennsylvania, not the more familiar,, orange ones.

10:58
I have no idea what they have in the district of Columbia.

11:01
And I hope I don’t get to find out.

11:03
I’m a little bit old school on that.

11:05
I prefer the old black and white stripes for jailbirds myself.

11:09
But back to the words at issue here,, quote from football and hockey, Michael Mann was the man behind the fraudulent climate change.

11:21
Hockey stick graph.

11:22
The very ringmaster of the tree ring circus.

11:26
Let’s set aside the tree ring circus.

11:28
We’ll come back to that as the trial proceeds.

11:32
You’ll see that.

11:33
I refer to quote, the fraudulent climate change hockey stick graph.

11:39
Keep an eye on that formulation.

11:40
I have maintained that Mr Mann’s Hockey Stick is fraudulent ever since it was published,, for almost a quarter century.

11:50
Now, since before it became known as the Hockey Stick, we will introduce evidence to show that I’ve said it was fraudulent in the United Kingdom’s biggest selling broadsheet newspaper.

12:01
The Telegraph, I’ve said it was fraudulent in Canada’s national newspaper.

12:06
The National Post, I’ve said it was fraudulent in Australia’s national newspaper.

12:11
The Australian.

12:12
I’ve said it was fraudulent in Hawke’s Bay today, which is not a national newspaper but covers the beautiful Hawke’s Bay region of the east coast of the north island of New Zealand.

12:24
Well, worth a trip.

12:25
,, so I’ve maintained a consistent and sincere position on the hockey stick in newspapers all over the world.

12:37
Can we put, can we put up what I believe is marked as plaintiff’s exhibit 0005.

12:45
Hold on for one second.

12:47
And we’re getting ready to go to the bank and have it block it.

12:50
But I wanted to check with you to be sure it isn’t something going on in one of your cases.

12:56
No, I think I asked you.

13:02
Yeah, let me take a look at that.

13:15
All right.

13:15
Thank you.

13:18
I’d like to put a, put up a plaintiff’s exhibit 0005 when rising hot air hits cold hard facts.

13:31
And this was published on the first of April 2001 in the Sunday Telegraph in London.

13:38
That’s 24 years ago, 23 years ago.

13:45
That’s a long time.

13:46
And throughout those years, these decades, I have consistently maintained the position that man’s graph is complete rubbish.

13:57
Now, I’m not a scientist and as you just heard from Mr Williams, the plaintiff’s argument is an appeal to authority which is always, always legally dubious.

14:09
And actually I would renew my objection that it’s a little bit un-american too because this was a country founded on rejecting the idea of an appeal to authority that would be his late Majesty King George the third.

14:27
And as you heard, Mr Williams accused me of not knowing what the differing, different American agencies beginning with N for national were and finding it hard to keep the NSF and the NAS and the NRC straight in my head.

14:51
There’s absolutely no, I’m Canadian.

14:52
There’s no reason why I should be expected to know and I understand many of you work for or several of you because a lot of people in this town do work for agencies beginning with N but I’m sorry, there’s no reason why Canadians should be expected to keep them straight any more than one would expect Messrs Mann and Williams to recognize the Royal Society of Canada by its acronym.

15:18
And in this case, the scene of a crime, the climategate emails and what they believed took place in East Anglia in England.

15:27
So those were the more relevant reports to this.

15:35
But you know, I get the appeal to authority thing.

15:38
Mr Mann’s argument is that he’s Michael Mann and I’m not so don’t take it from me.

15:43
Take it from a scientist assessing Mann’s recent work at a public meeting in Scotland a few years ago.

15:50
This is Professor Rob Wilson phd, who’s senior lecturer at the University of Saint Andrews, which is the third oldest university in the English speaking world.

16:08
So you’ll disregard what was just uploaded to the screen.

16:12
All right, you may continue as Miss Weatherford has just explained with regard to Mr Simberg.

16:21
Mr Mann has to prove under the law in this jurisdiction that we defendants entertain serious doubts about the truth of what we were saying.

16:32
Well, I’ve never entertained any doubts whatsoever about the truth of what I said in the UK papers in the Canadian papers in the Australian papers in the New Zealand Papers, in case you’re keeping score, those are all countries that like you rebel colonists elected to remain in the British Empire.

16:53
They are all regarded as more favorable jurisdictions for a defamation plaintiff because none of them has your first amendment.

17:02
And yet Mr Mann has never sued me in London in Belfast, in Toronto, Sydney, Wellington in Port Moresby, capital city of Papua, New Guinea.

17:13
So the upshot of his victory would be that you cannot call his hockey stick a fraud in the United States, but you can in all the countries that chose, unlike you rebellious guys to remain within the British Empire.

17:28
And I cannot believe if you’ll permit a foreigner general observation that it was the intent to move you along without the, the general observation.

17:38
I just want us to keep on track.

17:40
All right.

17:40
Well, I’m I don’t believe you.

17:47
Yeah, this is, I mean, is it,, I mean, if that’s, is it north data that we can break the or north data GMB H something for the first decade or so of my rubbishing the hockey stick?

18:12
I never mentioned Michael Mann’s name for the first few years.

18:16
I’m not sure I even knew his name or those of his co authors, Raymond Bradley and Malcolm Hughes and it wasn’t necessary really to mention him because I was writing about the end product, what I call the fraudulent hockey stick.

18:31
So I’m not like Mr Man who spends his days on Twitter doing what aficionados of other sports such as association football, soccer or playing the man, not the ball denouncing someone who happens to, oh, by the way, Mr Williams, do you have that tree ring of yours still with you?

18:54
Ok.

18:55
Could I borrow it for a couple of minutes?

19:01
People make very specific criticisms about the hockey stick.

19:07
For example, I don’t know how many of, you know, the Gas Bay Peninsula in Quebec in eastern Canada.

19:17
But Mr Mann’s hockey stick relies for its estimate of the global temperature of the early 15th century on just one tree from the Gas Bay Peninsula in Quebec.

19:30
The evidence will show that that tree from the Gas Bay can’t tell you the correct weather for Quebec today.

19:42
But according to the hockey stick graph, it can tell you what the weather is like in Paris and Berlin and Kiev and ST Petersburg.

19:52
Now, this,, hockey s,, this,, tree ring here, I would say, I don’t, I know a little bit about my part of the world and this is like a lot of the,, it’s actually smaller than the trees you find in the gas bay and it’s more like the kind of trees.

20:10
I don’t know how many of, you know, Northern New England, Vermont, New Hampshire and Maine.

20:15
But it’s more like the trees you find there.

20:17
They’re small young trees and those trees grew up when sheep farming died in northern New England.

20:28
And so everybody, sheep farming moved west and people went and got jobs in the southern mill towns in New England and eventually where there used to be sheep farms, the trees reclaimed the land.

20:41
And so you have these young scrubby, not particularly attractive trees everywhere and this tree here this, so we’re talking about the trees growing back after the Second World War.

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