I think Broder has the intelligence and writing ability to explain "away" a great deal, as his blog responding to Elon's data blog seemed to do. I put it on a par with a cheating spouse... often there's always an answer, a twist. Do I know he's lying, of course not, but consider this:
If Tesla's log data is true, there is clear evidence that Broder practices story-telling, if we don't want to use the word lying.
Broder wrote that his point was to test if the car was "normal use" practical. In the original article he wrote, "my feet were freezing" and "my knuckles were turning white," and described warming his hands on a cup of coffee.
Tesla reported data: average temperature 72, with one 50 minute stretch just over 64, and one fifty minute stretch at 66.
I just went to Wikipedia to see that the average high in New York City in October is 64.6.
Imagine this scenario, Broder is your friend, and you ask him, "hey, I'm thinking of going to NY in October... check out Central Park in the daytime..." Broder replies, "Sure, you can go... but if you don't have the right gear with you, your knuckles will turn white from the cold, and your feet will be freezing on your nice afternoon in the park."
If he were your friend, you might go to NY, and perhaps find having a sweater along helpful, and say to yourself, "I should of known, John and his dramatic stories. Entertaining stuff, but nothing to bank on."
Now, picture Broder is a travel writer for the New York Times. He writes an article read by millions about visiting New York in October, and a normal experience in it's Central Park. He details, "Sure, you can go... but if you don't have the right gear, your knuckles will turn white from the cold, and your feet will be freezing on your nice afternoon in the park."
Bottom line, there are many aspects of his story that are very suspect to so many of us, but he can dance around with skill. I think the climate data is one example that Margaret Sullivan (ombudsman reviewing the piece) can turn to everyday experience and see straight through the dance.