It has not been a good week so far for Attorney General Dana Nessel. Yesterday a three judge court of appeals panel vacated the conviction of former MSU gymnastic coach Kathie Klages and today the same court of appeals panel unanimously upheld the dismissal of charges against former Michigan State University President Lou Anna Simon, with one judge calling the investigation into Simon following the Larry Nassar scandal a “sham.”. Per a Detroit News article Attorney General Dana Nessel’s office provided no evidence that Simon knew the details of a complaint against Nassar in 2014, the appellate panel said Tuesday in a 3-0 decision. So it’s difficult to conclude she lied to police in 2018 when she told them she knew an MSU sports medicine doctor was “under review” but knew “nothing of substance” beyond that, the judges ruled. The brief majority decision was accompanied by a fiery concurrence by Judge Elizabeth Gleicher, an appointee of Democratic former Gov. Jennifer Granholm.
Gleicher slammed Nessel’s investigation, arguing that Simon’s statements were “immaterial to the prosecution’s sham investigation.” Many institutions failed Nassar victims — including MSU and USA Gymnastics — but Simon was only “on the periphery to the abysmal decisions” made by MSU, Gleicher said. Instead, she described Simon as a “high profile target, selected to assuage public anger rather than to protect the integrity of the law….why did the attorney general get involved in a criminal investigation of MSU after Nassar had been sentenced and the civil litigation commenced?” Gleicher wrote of the investigation begun under Republican former Attorney General Bill Schuette. “The historical background supports that the goal was to exact retribution for MSU’s failure to stop Nassar rather than to pursue justice for criminal wrongdoing. Dr. Simon was one of the scapegoats selected to justify that effort.” (my emphasis)
These two rulings are on top of the multiple items I have written about in this blog about AG Nessel using her position to garner political support. Here are the previous items:
December 14: On November 19,2021 Judge Kelly in Genesse County issued a ruling barring Attorney General Nessel’s office from reviewing and/or producing materials that the AG’s team seized in preparing for the prosecution of the defendants. The AG team must establish a taint team to review all documents to assure client-attorney privilege has not been violated. The court recognized the unethical behavior of AG Nessel’s team.
December 13: Recently I was forwarded a story of another incident involving AG Nessel and her filing charges against Lowell Police Officer Jason Diaz that were dismissed by an Ionia County circuit court judge.
December 7: Dana Nessel continues to disappoint. The Oxford School district is already cooperating with the Oakland County prosecutor’s office and the Oakland County Sheriff department, yet AG Nessel has tried to insert herself into the process by offering her office to provide an independent investigation. She never misses an opportunity for politicking.
I provide the above as background for my continued argument that AG Nessel should not be charging Nick Lyon for 9 counts of manslaughter in the Flint Water Crisis. The case has already been settled in civil court for over $640,000,000 in which the AG’s office found no wrongdoing by Mr. Lyon. There is no doubt in my mind that AG Nessel’s charging of Lyon, Snyder and others in the Flint water crisis is an abuse of power by AG Nessel purely because they are high profile targets, selected to assuage public anger rather than to protect the integrity of the law. Just as the court of appeals ruled in the Simon case above.
What are you doing today to stop violence? What are you doing today to expand mental health services for those in need? What are you doing today to make sure your guns are not are accessible to minors in your household?
Stay Safe. Social Distance. Wear your mask when indoors in public places. Schedule your vaccine and booster.
Orchid of the Day: The University of Michigan Wolverines football team’s offensive line for winning the Joe Moore Award as the best offensive line in the country. The Joe Moore Award is named after Joe Moore, widely regarded as one of the best offensive line coaches in college football history and is the only major college football award to honor a group or unit. The award annually recognizes the nation’s Most Outstanding Offensive Line Unit that best display the fundamental and historical aspects of great offensive line play: Toughness, Effort, Teamwork, Consistency, Technique, and Finishing.
Onion of the Day: AG Nessel
Quote of the Day: “The historical background supports that the goal was to exact retribution for MSU’s failure to stop Nassar rather than to pursue justice for criminal wrongdoing. Dr. Simon was one of the scapegoats selected to justify that effort.” Court of Appeals Judge Elizabeth Gleicher
Song of the Day: Little Drummer Boy by Pentatonix, one of my favorite Christmas songs done by one of my favorite groups.
Another outstanding blog! You’re like wine, getting better as you age. boz
Thanx. I keep trying. I am not sure Leah would agree with you.
The addition of the songs is a great move
Frank,
I keep trying to make it more interesting.