As a longtime fan of Steyn’s writing, I’m disappointed to see him doing pretty much everything you should never do when you’re the defendant in a defamation suit:
In 2012—after writers for National Review and a prominent conservative think tank accused him of fraud and compared him to serial child molester Jerry Sandusky—climate scientist Michael Mann took the bold step of filing a defamation suit. The defendants moved to have the case thrown out, citing a Washington, DC, law that shields journalists from frivolous litigation. But on Wednesday, DC Superior Court Judge Frederick Weisberg rejected the motion, opening the way for a trial.
Weisberg’s order is just the latest in a string of setbacks that have left the climate change skeptics’ case in disarray. Earlier this month, Steptoe & Johnson, the law firm representing National Review and its writer, Mark Steyn, withdrew as Steyn’s counsel. According to two sources with inside knowledge, it also plans to drop National Review as a client.
The lawyers’ withdrawal came shortly after Steyn—a prominent conservative pundit who regularly fills in as host of Rush Limbaugh’s radio show—publicly attacked the former judge in the case, Natalia Combs Greene, accusing her of “stupidity” and “staggering” incompetence. Mann’s attorney, John B. Williams, suspects this is no coincidence. “Any lawyer would be taken aback if their client said such things about the judge,” he says. “That may well be why Steptoe withdrew.”
Steyn’s manager, Melissa Howes, acknowledged that his commentary “did not go over well.”* But Steyn maintains it was his decision to part ways with his attorneys.
…on Christmas Eve, Steyn published his blog post, railing against Combs Greene and her ruling, which contained typographical errors and mixed up the defendants:
Among her many staggering incompetences, DC Superior Court judge Natalia Combs-Greene…denied NR’s motion to dismiss the fraudulent complaint while simultaneously permitting Mann’s lawyers to file an amended complaint.
The appellate judges have now tossed out anything relating to Mann’s original fraudulent complaint, including Judge Combs-Greene’s unbelievably careless ruling in which the obtuse jurist managed to confuse the defendants, and her subsequent ruling in which she chose to double-down on her own stupidity. Anything with Combs-Greene’s name on it has now been flushed down the toilet of history.
When asked about these comments, Steyn made no apologies. “I spent the first months attempting to conceal my contempt for Judge Combs Greene’s court,” he said in an email to Mother Jones. “But really, it’s not worth the effort.” Wednesday’s ruling affirms the thrust of Combs Greene’s order, however. It also concludes that “a reasonable jury is likely to find the statement that Dr. Mann ‘molested and tortured data’ was false, and published with knowledge of its falsity or reckless disregard for whether it was false or not.”
Steyn, meanwhile, appears to be paying a price for his brazenness. He still has no legal representation. (“My check from the Koch brothers seems to have been lost in the mail or intercepted by the NSA,” he wrote. “So for the moment I am representing myself.”) And since his Christmas Eve diatribe, the conservative pundit—who had been writing near-daily posts for National Review Online—hasn’t written a single item. Neither he nor the magazine’s publisher, Jack Fowler, would say why. But Steyn hinted at the reasons in a post on his website: “As readers may have deduced from my absence at National Review Online and my termination of our joint representation, there have been a few differences between me and the rest of the team.”
The future of National Review itself could now be in jeopardy because of this lawsuit. There appear to be conflicting stories about whether Steyn fired his lawyers or whether they withdrew from the case, but I know that if my client insisted on talking about the case at all – much less writing a blog post insulting the judge – I’d be advising him to seek other legal counsel immediately.
I wish Steyn and his (former?) magazine well, but it’s almost like he’s determined to lose. What a pity.