INT. – AN IMAGINARY COURTROOM – DAY

We join the court session already in progress. The prosecution has just finished giving its opening statement.

JUDGE

Defense counsel? Will you be making an opening statement at this time?

DEFENSE

Yes, your honor.

JUDGE

Please proceed.

The Defense Counsel remains seated. He or she stares straight ahead, hands laid flat on the surface of the defense table. The jurors are silent, watching. The silence lengthens; five seconds, ten seconds.

DEFENSE

(still staring straight ahead)

The earth... is flat.

The Defense Counsel, still sitting, lays his or her head on the table and sights along it.

DEFENSE (CONT.)

That’s a simple explanation. Right? Nice and simple. Just take a look. Sure looks flat to me. Done.

The Defense Counsel slaps a hand on the table, then brushes both hands together in a gesture of finality.

DEFENSE (CONT.)

Or how about this: The earth is the center of the universe, and the sun and stars revolve around it.

The Defense Counsel points at the ceiling, tracking the path of an imaginary celestial body across the sky.

DEFENSE (CONT.)

Simple. Obvious. I mean, look: There it goes.

The Defense Counsel turns, and for the first time, looks at the jury.

DEFENSE (CONT.)

This case... is simple.

The Defense Counsel stands, then walks into the well in front of the jury.

DEFENSE (CONT.)

The flat earth, the sun and stars revolving around it, the prosecution’s simple explanation for the case of Dr. Peter Gleick: All of those are things that, from a certain perspective, are easy to believe. But in each case, that belief is wrong. Because the earth is not flat. It is not the center of the universe. And the case of Dr. Peter Gleick, when you look at it with an honest and open mind, is anything but simple.

The Defense Counsel turns and walks slowly away from the jury for a few paces, then turns and faces them again.

DEFENSE (CONT.)

William of Ockham. William of Ockham was an English friar who lived in the 1300’s. He’s remembered today for one thing: a principle of logic called “Occam’s razor.” Basically, it says if you have two explanations for something, you should prefer whichever explanation is simpler.

The Defense Counsel smiles, and gestures toward the Prosecutor.

DEFENSE (CONT.)

The prosecution is a big fan of William of Ockham. Because the explanation they want you to believe is a simple one: You’ve got this one guy, the defendant, Dr. Peter Gleick, who admits doing a bad thing. So he must be the bad guy. The people he did the bad thing to, the Heartland Institute? They must be the good guys. So if you’ve got anything else you need to explain, you just find a way to fit it into that theory. There’s a mysterious strategy memo that paints Heartland in a bad light? Well, they’re the good guys, so the memo must not be true. Who would fake such a thing? Oh, right: the bad guy, Dr. Gleick. Easy!

The Defense Counsel brushes his or her hands together and walks briskly away, then slows, stops, and turns back toward the jury.

DEFENSE (CONT.)

Or is it? Albert Einstein once said, “Everything should be kept as simple as possible, but no simpler.” What he meant was, you have to get the facts of the situation first, before you try to come up with a theory to explain those facts. Using Occam’s Razor before you know the facts is a good way to cut your own throat. It’s a good way to come up with a theory that says the Earth is flat, or the sun and stars revolve around it. Sure, it’s simple. But it’s wrong.

The Defense Counsel walks up to the jury box and stands directly in front of it, looking the jurors in the eyes by turn.

DEFENSE (CONT.)

The prosecution has a theory of what happened in this case. Their theory is simple. But it doesn’t account for all the facts. Facts like these:

The Defense Counsel ticks off “one” on his or her fingers.

DEFENSE (CONT.)

Fact: The organization whose internal documents Dr. Gleick obtained, the Heartland Institute, is not some innocent victim, a poor little think tank promoting research and education. They are sophisticated liars, with an extremist ideological agenda and a history of pushing misleading information intended to confuse the public about things like the health risks of cigarettes and the dangers of pollution.

The Defense Counsel ticks off “two.”

DEFENSE (CONT.)

Fact: At least one person associated with Heartland publicly identified Dr. Gleick as the likely source of the leaked documents days before Dr. Gleick admitted doing so. How did that person know Dr. Gleick was the source? Was it from a remarkably astute reading of clues in the strategy memo itself, as the prosecution would have you believe? Or was it that the accuser knew Dr. Gleick was the source, because the accuser had forged the strategy memo himself and intentionally leaked it to Dr. Gleick beforehand?

The Defense Counsel ticks off “three.”

DEFENSE (CONT.)

Fact: Dr. Gleick is not a stupid man. By his own admission he showed bad judgement under pressure, but that’s not the same thing as being stupid. Yet the prosecution’s so-called “simple” explanation requires us to believe that Dr. Gleick, having obtained Heartland’s internal documents, was stupid enough to think it would be a good idea to forge an additional document that made Heartland look worse, even though that additional document contained almost nothing new that was not already present in the legitimate documents.

The Defense Counsel scowls.

DEFENSE (CONT.)

According to the prosecution’s theory, Dr. Gleick was stupid enough to think it would be a good idea to release this forged document along with the legitimate ones, even though Heartland would immediately know it was a fake. Even though he would be handing Heartland a made-to-order way to cast themselves as victims and shift attention to the forgery, rather than to the embarrassing information in the real documents. According to the prosecution’s “simple” theory, Dr. Gleick was stupid enough to think it was a good idea to include a direct reference to himself in the text of the memo, in effect planting a neon sign of his own guilt. Now I ask you, does that sound like the kind of thing that an intelligent man, intent on exposing his enemies’ wrongdoing without revealing himself as the source, would do?

The Defense Counsel walks to the front of the defense table and gestures toward the empty chair left for the defendant.

DEFENSE (CONT.)

The prosecution pointed out for us that Dr. Gleick is not in the courtroom today, and that under our system of justice he is under no obligation to testify against himself. What the prosecution didn’t mention is this: That rule comes from an even more fundamental principle of our system of justice: The presumption of innocence. In a criminal trial, the burden of proof is on the prosecution. They must make their case beyond a reasonable doubt.

The Defense Counselor walks back to the area immediately in front of the jury box and faces the jury.

DEFENSE (CONT.)

The prosecution’s “flat earth” theory, the theory that Dr. Gleick forged the strategy memo himself, is simple. I think it’s too simple. Your job as jurors will be to listen to the facts, all the facts, that are going to be presented in this trial. To weigh those facts honestly, with an open mind. And only then, only after you’ve considered those facts, to decide whether the prosecution’s “flat earth” theory still makes sense, or whether there might be some other theory, not as simple, maybe, but better at explaining what actually happened. And if there is a better theory, or even if you end up deciding that we just don’t know enough to say with confidence what actually happened, well, then your job will be to be honest about that, too.

The Defense Counsel smiles at the jury.

DEFENSE (CONT.)

I don’t know what you’ll end up deciding. I know what I think, but what I think doesn’t matter. It’s what you think that matters. All I ask is that you consider the facts with an open mind. And remember: The earth is not flat. And this case is not simple.

The Defense Counsel sits down.

JUDGE

Very well. I see it is late, and we could all use some rest before the next installment. Next up will be the opening of the prosecution’s case, and the calling of their first witness. For now, though...

The Judge bangs the gavel.

JUDGE (CONT.)

Court is adjourned.

INT. – AN IMAGINARY COURTROOM – DAY

BAILIFF

All rise. The Imaginary Court of the Internet is now in session. The honorable Judge Mumble K. Mumbles presiding.

The Judge enters and takes his or her seat behind the bench.

JUDGE

Prosecution? Are you ready to make your opening statement?

PROSECUTION

I am, your honor.

The Prosecutor stands and approaches the jury.

PROSECUTION (CONT.)

This is a simple case. Now, don’t get me wrong; parts of it will be complicated. For one thing, we’ll be looking at some questions involving climate science, and that stuff can be hard to understand. Especially for someone like me, who isn’t a scientist.

The Prosecutor turns from the jury box and walks toward the defense table, stands in front of it, and lays a hand on it, fingers outstretched.

PROSECUTION (CONT.)

We need scientists. People drawn from our best and brightest. People who have trained for years under the supervision of other scientists, mastering the knowledge and techniques of their field. Demonstrating the quality of their intellect. Demonstrating the quality of their character.

The Prosecutor turns from the defense table and walks back toward the jury.

PROSECUTION (CONT.)

Because character is crucial for a scientist. Absolutely crucial. In that sense, scientists are like doctors, or high public officials, or priests. We trust scientists. We have to. They do their work outside the public eye, using equipment and techniques that we don’t -- and can’t -- understand. And then they bring us the results, and they say, like a doctor: “This is what’s wrong, and this is the course of treatment that can best help you.” Or like a public official, “These are the challenges we face, so this is how we’re going to spend your tax money.” Or like a priest, “This is what God intends for us, so this is how to live a life in accordance with His law.”

The Prosecutor pauses for a moment before continuing.

PROSECUTION (CONT.)

Trust is crucial for scientists, because they come to us and say those sorts of things. They say, “This is how the universe works. This is what is going to happen. So this is what we must do.” We need to be able to trust that advice. To trust that they’ve done the science right, that they’re being honest with us. That they haven’t let something prejudice their conclusions, that there isn’t some all-too-human failing that has compromised their judgement.

The Prosecutor looks at the ground, gives a low chuckle and shake of the head, then looks up at the jury again.

PROSECUTION (CONT.)

The truth, of course, is that just like doctors and scientists and priests, scientists are human beings. Just like the rest of us. They make mistakes. And just like the rest of us, when they make mistakes they don’t like to admit it. Not to themselves, and not to us. They get caught up in clashes of personality. They disagree. They get angry. They want to prove the other guy wrong, not just so they can be right, but so they can win the argument. And sometimes they can get so caught up in a scientific debate that they lose sight of the need for openness, and honesty, and humility. They find themselves wanting to shut down debate, to come in like a dictator and say, “No more talk. I’ve decided what the answer is, and you’re not qualified to question my judgement. So sit down and shut up.”

While talking, the Prosecutor returns to the defense table. This time, though, the Prosecutor walks behind it, past where the Defense Counsel is seated, to where an empty chair has been left for the defendant. The Prosecutor stops behind the empty chair.

PROSECUTION (CONT.)

Unfortunately, as you will learn in the course of this trial, this isn’t a hypothetical scenario I’m describing. This is exactly what the defendant, Peter Gleick, has done. As you will learn, he used to be a respected scientist. But over time he gradually became the sort of person who wanted to be right, to win the argument, regardless of the truth. Peter Gleick became an activist, an advocate, a True Believer, someone so committed to his cause that he lost sight of all other truths. He became so convinced of his own rightness that he was willing to use his authority to try to silence others, to shut down debate. Worse than that, he was willing to engage in willful, deliberate deception. He admits to assuming a false identity to obtain private information, then leaking that information to others under false pretenses. He wanted to trick those others into publicizing the information, hurting his enemies while allowing him to remain concealed behind a smokescreen of scientific respectability.

The Prosecutor puts a hand on the defendant’s empty chair.

PROSECUTION (CONT.)

As you can see, Peter Gleick isn’t here. He’s being tried in absentia. He’s chosen not to participate in this discussion. Now, no one is required to give incriminating testimony against himself. That’s an important principle in our system of justice. Peter Gleick is completely within his rights to be absent as we consider the question of his guilt. And really, it doesn’t matter.

The Prosecutor steps away from the defense table and walks back toward the jury.

PROSECUTION (CONT.)

It doesn’t matter. Because again, at its heart, this case really is simple. Peter Gleick, by his own admission, has been dishonest and deceitful. And once we realize that, and look carefully at the evidence, it all becomes clear. It becomes clear that his sins run deeper than the things he’s admitted to. In his confession he claimed to be a victim. He said he’d been tricked by some unknown person into committing disgraceful and dishonorable acts. In fact, the evidence will show that this was just another layer of deception, that even as he made his confession, Gleick continued to lie.

The Prosecutor strides toward the jury, voice rising.

PROSECUTION (CONT.)

The facts of this case will make it clear that this entire affair, from the beginning, was his idea, and his idea alone. Peter Gleick found himself caught up in a public argument with the Heartland Institute, an organization that does research and education based on free-market principles. He was losing that argument. And he couldn’t accept that. Angry, embarrassed, desperate to hang onto his credibility and prestige, he came up with a risky strategy: He would use deception to obtain private documents from Heartland, then release those documents to the world.

The Prosecutor sighs.

PROSECUTION (CONT.)

His deception succeeded -- but then he suffered the worst shock of all: The documents for which he had risked his professional career, the documents that were going to bring down his enemies, were unremarkable. They revealed that the evil cabal he had been fighting really was just what its supporters had been saying it was all along: a small and not very scary organization promoting research and education.

The Prosecutor shakes his head.

PROSECUTION (CONT.)

And here, Gleick showed his worst judgement of all. Faced with these facts, what did he do? The evidence will show that he then forged a new document, the so-called “2012 Heartland Climate Strategy” memo. He used information from the legitimate documents to give it an air of authenticity, but he embellished that information, enhanced it, coated it with a layer of sinister intent. In effect, Gleick forged the document he wished he had found. Like an experimenter willing to falsify data in order to get the results he wanted, he twisted reality to make it match his theory. Then he leaked that fraudulent information to the world, and sat back and watched the firestorm of controversy it created.

The Prosecutor walks slowly back behind the defense table, and grasps the back of the defendant’s empty chair with both hands. There is a pause. The courtroom is silent.

PROSECUTION (CONT.)

What Peter Gleick did was wrong, obviously wrong. But the mistakes he made offer a lesson to the rest of us. That lesson is this: No one is immune to human failings. Scientists -- like doctors, priests, and holders of high office -- need our trust if they are to do their jobs. But they must earn that trust. They must prove themselves worthy of it. And when one of them proves himself unworthy, as Peter Gleick has, we need to call him on it. We owe it to the people he serves. We owe it to his colleagues, the men and women who do meet that standard of honor and integrity every day. And we owe it to the perpetrator himself. We owe it to Peter Gleick to be honest about what he did, to look him in the eye and tell him it was wrong. Only in that way can we honor the truth. Only in that way can we give him the chance to begin a journey to real redemption.

The Prosecutor steps away from the empty chair, gesturing toward it.

PROSECUTION (CONT.)

If Peter Gleick were here today, that’s what I would tell him. With your verdict, you can tell him the same thing.

The Prosecutor sits down.

INT. – AN IMAGINARY COURTROOM – DAY

BAILIFF

All rise. The Imaginary Court of the Internet is now in session. The honorable Judge Mumble K. Mumbles presiding.

The JUDGE enters the courtroom from a door behind the bench. He or she is imaginary, and looks more or less like you would expect a judge to look, depending on how judges look in your part of the world. The Judge takes his or her seat.

JUDGE

Be seated. Bailiff, what do we have on the docket today?

BAILIFF

Your honor, preliminary proceeding and arraignment in the matter of the Internet vs. Peter Gleick.

JUDGE

Are the parties present? Prosecution?

PROSECTION

Here, your honor.

JUDGE

Defense?

DEFENSE

Defense counsel present, your honor. The accused is not in court, and will not be appearing today.

JUDGE

Will not be appearing?

DEFENSE

That is correct, your honor.

JUDGE

(frowning)

Hm. Given that this proceeding is imaginary, I suppose I must allow it. Let the record show that the accused is being tried in absentia.

The Judge glances down and goes through some papers.

JUDGE (CONT.)

Defense counsel, please rise.

DEFENSE

(stands)

Yes, your honor.

JUDGE

Your client, Dr. Peter H. Gleick, stands accused of the following charges: That on or about January 27, 2012, your client did knowingly and with malice aforethought impersonate a board member of the Heartland Institute, entering into an email correspondence with a person or persons within that organization. That as a result of that deception, your client caused a representative or representatives of Heartland to email your client confidential Heartland information, including documents relating to the organization’s donors, activities, and budget. That your client subsequently used that illicitly obtained information to forge an additional document, the so-called “2012 Heartland Climate Strategy”, taking the form of an internal Heartland memorandum but with language specifically crafted to paint the organization in a negative light. That on or about February 14, 2012, your client sent these documents via email to a group of recipients, identifying himself only as “Heartland Insider”, with the intention that the recipients would publicize the documents, including the forged strategy memo, leading to public outcry against Heartland and embarrassment for its board members, staff, and supporters. Defense counsel, do you understand these charges as I have read them?

DEFENSE

I do, your honor.

JUDGE

Are you prepared to enter a plea on behalf of your client at this time?

DEFENSE

I am, your honor. My client, Dr. Peter H. Gleick, pleads not guilty.

JUDGE

Very well. I accept your client’s plea of not guilty, and hereby set a court date of some date in the future when this blog’s operator has time to write the next installment. A quick procedural note: In keeping with the imaginary nature of these proceedings, we will be skipping all that boring pretrial stuff: no witness lists, pretrial motions, or jury selection. I assume there are no complaints about that. Anything else?

The Judge glances around the courtroom. No one speaks.

JUDGE (CONT.)

(bangs gavel)

Court is adjourned.