cc: Kevin Trenberth , Gavin Schmidt date: Thu, 30 Aug 2007 13:22:04 -0400 from: "Michael E. Mann" subject: Re: Fwd: RE: review of E&E paper on alleged Wang fraud to: Phil Jones sounds good Phil, please let me know if there is any way I can be of further help. There are some folks I could put We-Chyung in touch with who could certainly help him out with w/ the legal issues, if he's interested. As you might imagine, I have some experience and numerous contacts now in this area ;) mike Phil Jones wrote: > > Mike, > Sending to Gavin is fine. I did mean to say, but forgot. > We-Chyung is probably like me too meek and mild to want to go > down the legal route, but I'll suggest it to him. I'll also ask > him about doing a very brief response about the SUNY process. > > Cheers > Phil > > > At 14:01 30/08/2007, Michael E. Mann wrote: >> thanks Phil, >> >> I did take the liberty of discussing w/ Gavin, who can of course be >> trusted to maintain the confidentiality of this. We're in agreement >> that Keenan has wandered his way into dangerous territory here, and >> that in its current form this is clearly libellous; there is not even >> a pretense that he is only investigating the evidence. Furthermore, >> while many of us fall under the category of 'limited public figures' >> and therefore the threshold for proving libel is quite high, this is >> *not* the case for Wei-Chyung. He is not a public figure. I believe >> they have made a major miscalculation here in treating him as if he >> is. In the UK, where E&E is published, the threshold is even lower >> than it is in the states for proving libel. We both think he should >> seek legal advice on this, as soon as possible. >> >> With respect to Peiser's guest editing of E&E and your review, >> following up on Kevin's suggestions, we think there are two key >> points. First, if there are factual errors (other than the fraud >> allegation) it is very important that you point them out now. If not, >> Keenan could later allege that he made the claims in good faith, as >> he provided you an opportunity to respond and you did now. Secondly, >> we think you need to also focus on the legal implications. In >> particular, you should mention that the publisher of a libel is also >> liable for damages - that might make Sonja B-C be a little wary. Of >> course, if it does get published, maybe the resulting settlement >> would shut down E&E and Benny and Sonja all together! We can only >> hope, anyway. So maybe in an odd way its actually win-win for us, not >> them. Lets see how this plays out... >> >> RealClimate is of course always available to you as an outlet, if it >> seems an appropriate venue. But we should be careful not to jump the >> gun here. >> >> Kevin: very sorry to hear about Dennis. Please pass along my best >> wishes for a speedy recovery if and when it seems appropriate to do >> so... >> >> Mike >> >> Phil Jones wrote: >>> Mike, Kevin, >>> Thanks for your sets of thoughts. I've been in touch with >>> Wei-Chyung, >>> who's in China at the moment. He forwarded the 'paper!' to the >>> people dealing >>> with Keenan's allegations at SUNY. He got a reply to say that Keenan >>> has now violated the confidentiality agreement related to >>> the allegation. So, it isn't right to respond whilst this is >>> ongoing. I will >>> draft something short though, whilst it's all fresh in my mind. >>> Then I can >>> get onto something else. >>> I did send the email below to Peiser clarifying whether he wanted >>> a review or just thoughts. I got the amazing reply - sent to three >>> reviewers! >>> So, letting the SUNY process run its course. Once finished, >>> Real Climate >>> may be one avenue to lay out all the facts/details. >>> >>> Away tomorrow. I think you have Monday off, so have a good long >>> weekend! >>> >>> Cheers >>> Phil >>> >>>> Subject: RE: review of E&E paper on alleged Wang fraud >>>> Date: Wed, 29 Aug 2007 17:48:43 +0100 >>>> X-MS-Has-Attach: >>>> X-MS-TNEF-Correlator: >>>> Thread-Topic: review of E&E paper on alleged Wang fraud >>>> thread-index: AcfqVG3NykjMc9doTBWIfTqkHPH+xwACAfp3 >>>> From: "Peiser, Benny" >>>> To: "Phil Jones" >>>> X-OriginalArrivalTime: 29 Aug 2007 16:53:26.0748 (UTC) >>>> FILETIME=[1E7969C0:01C7EA5D] >>>> X-UEA-Spam-Score: 0.0 >>>> X-UEA-Spam-Level: / >>>> X-UEA-Spam-Flag: NO >>>> >>>> Dear Phil >>>> >>>> The paper has been sent to three reviewers. Of course I will take >>>> your comments and assessment into consideration. Indeed, if the >>>> claims are unsubtantiated, I would certainly reject the paper. >>>> >>>> I hope this clarifies your query. >>>> >>>> With best regards >>>> Benny >>>> >>>> >>>> >>>> >>>> ________________________________ >>>> >>>> From: Phil Jones [mailto:p.jones@uea.ac.uk] >>>> Sent: Wed 8/29/2007 16:51 >>>> To: Peiser, Benny >>>> Subject: Re: review of E&E paper on alleged Wang fraud >>>> >>>> >>>> >>>> >>>> Benny, >>>> Energy and Environment is presumably a peer-review journal. Your >>>> email wasn't clear as to whether you want me to review the paper? >>>> If you >>>> want me to, will you take any notice of what I might say - such as >>>> reject the paper? Or has the contribution already been reviewed? >>>> >>>> Phil >>>> >>>> >>>> At 15:18 29/08/2007, you wrote: >>>> >Dear Dr Jones >>>> > >>>> >I have attached a copy of Doug Keenan's paper on the alleged Wang >>>> fraud >>>> >that was submitted for the forthcoming issue of Energy & Environment >>>> >http://www.ingentaconnect.com/content/mscp/ene. >>>> > >>>> > >>>> >I was wondering whether you would be happy to comment on its >>>> content and >>>> >factual accuracy. Your comments and suggestions would be much >>>> >appreciated. We would need your feedback by Sept 17. >>>> > >>>> >I look forward to hearing from you. >>>> > >>>> >Yours sincerely >>>> > >>>> >Benny Peiser >>>> >Guest editor, E&E >>>> >Liverpool John Moores University, UK >>>> > >>>> > >>>> >>>> Prof. Phil Jones >>>> Climatic Research Unit Telephone +44 (0) 1603 592090 >>>> School of Environmental Sciences Fax +44 (0) 1603 507784 >>>> University of East Anglia >>>> Norwich Email p.jones@uea.ac.uk >>>> NR4 7TJ >>>> UK >>>> ---------------------------------------------------------------------------- >>>> >>> >>> Prof. Phil Jones >>> Climatic Research Unit Telephone +44 (0) 1603 592090 >>> School of Environmental Sciences Fax +44 (0) 1603 507784 >>> University of East Anglia >>> Norwich Email p.jones@uea.ac.uk >>> NR4 7TJ >>> UK >>> ---------------------------------------------------------------------------- >>> >> >> >> -- >> Michael E. Mann >> Associate Professor >> Director, Earth System Science Center (ESSC) >> >> Department of Meteorology Phone: (814) 863-4075 >> 503 Walker Building FAX: (814) 865-3663 >> The Pennsylvania State University email: mann@psu.edu >> University Park, PA 16802-5013 >> >> http://www.met.psu.edu/dept/faculty/mann.htm >> > > Prof. Phil Jones > Climatic Research Unit Telephone +44 (0) 1603 592090 > School of Environmental Sciences Fax +44 (0) 1603 507784 > University of East Anglia > Norwich Email p.jones@uea.ac.uk > NR4 7TJ > UK > ---------------------------------------------------------------------------- > -- Michael E. Mann Associate Professor Director, Earth System Science Center (ESSC) Department of Meteorology Phone: (814) 863-4075 503 Walker Building FAX: (814) 865-3663 The Pennsylvania State University email: mann@psu.edu University Park, PA 16802-5013 http://www.met.psu.edu/dept/faculty/mann.htm