
Steyn was unhappy with how the lawsuit was going, so he dismissed the lawyers that were representing him and National Review and is now pro se. Rather than engage in further procedural maneuvering, Mark wants to fight out what he sees as the central issue–free speech–in the court of public opinion. So yesterday another shoe dropped: Mark served an answer and counterclaim against Mann in which he requested damages from the discredited scientist. You can read the pleading here. It is entertaining; it should be, Mark wrote it himself.
Are the causes of action in Steyn’s counterclaim valid? I won’t express a legal opinion here, but I do think that in the broader picture, Mark is on to something. There is zero chance that Mann’s lawsuit will ever result in a verdict in his favor. He can’t possibly satisfy the actual malice standard, even if you assume that the statements Steyn and others have made about Mann’s role in the global warming scam are potentially actionable. But that was never Mann’s purpose: his lawsuit was a political act, intended to suppress political debate. Steyn’s counterclaim, and his future conduct of his own defense, will join the battle where it counts.
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