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Melinn questions Schlichting's stated reason for resigning November 1, 2019
Kyle Melinn is the editor and vice president of MIRS, "Michigan's [subscription-only] Independent News Source". His column often appears in the Lansing City Pulse, which is free. Nancy Schlichting is the MSU Board of Trustees member who recently resigned.
In his October 30 column in the City Pulse, Melinn doubts Schlichting's "public" reason for resigning, which he says "was that Michigan State's trustees wouldn't drop its attorney-client privilege for an independent review on Larry Nassar. . ." What she says in her resignation letter is this:
Melinn, an MSU grad, suggests the real reason was that the Board of Trustees was a poor fit for her:
Why can he not accept the possibility that she simply had some integrity and could no longer be part of a board that voted down an independent investigation of how MSU allowed Nassar to sexually abuse young athletes for over 15 years? That she did not think MSU should withhold documents on the basis of attorney-client privilege, a legal principle meant to allow the accused to confide in a lawyer without fear the lawyer could be compelled to reveal what was said?
Attorney-client privilege is often claimed inappropriately. Melinn reports that District Judge Richard Ball spent six months going over 6,450 documents and 47 text messages and ordered the release of only 177 of them. Are we to believe that all the rest were communications between an individual and his or her lawyer? And that no one else was privy to the conversation, which would disqualify it as privileged?
Another requirement for attorney-client privilege is that it must be claimed by the client. Did the judge ask each of the authors of those 6,450 documents and 47 text messages if they wanted to claim attorney-client privilege?
AG Dana Nessel to U-M: For sex abuse investigation, all privilege must be waived - Detroit Free Press, March 5, 2020
Nassar's 250 victims deserve the truth. So does the public. Nancy Schlichting should be applauded for refusing to be part of the cover-up.
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