The week before Christmas was not a good week for Attorney General Dana Nessel.  On Tuesday, Dec. 21, a three-judge state Court of Appeals panel vacated the conviction of former MSU gymnastic coach Kathie Klages, and the next day the same  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 Genesee 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 (former DHHS Director) 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 …

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.

And then there’s Jim Haveman’s 22nd Update since former Health & Human Services (DHHS) Director Nick Lyon was charged for the second time last January 14. Haveman is the former director of the agency (and its predecessors under a different name) in the administrations of former Governors John Engler and Rick Snyder; Haveman was a strong supporter of the nomination of Elizabeth Hertel to be the current DHHS director, appointed early this year by current Gov. Gretchen Whitmer and narrowly confirmed by the state Senate:

“Director Lyon is now entering the 7th year of this political prosecution.
“I sent you an Update on Friday, December 10. Since then,
important stories and other actions have taken place which
I feel merit another Update.
“On November 19, Judge Kelly in Genesee 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.
“On December 10, Assistant Attorney General Chris Kessel filed 
a challenge to Judge Kelly’s ruling.
“The challenge basically says that Judge Kelly was misled. Kessel
argues that his team has read the material but will not use it, the 
defendants cannot prove that the AG Prosecutors used the material 
and it will cost too much to do a taint team.
“On page 10 of the document( if you want a copy, e mail me) Assistant Attorney
General Kessel writes that if the taint team must be used as ordered by the
Court, it will take 100 attorney reviewers (working 7 hours a day) 
3 years at a cost of 48 million to complete the requirement of the court.
“Keep in mind that it was AG Nessel and her staff who made the mistake of
not using a taint team from the beginning. Now they want Judge  Kelly to go
along with “Oops, we made a mistake but it’s not our fault!” 
“AG Nessel team will probably appeal Judge Kelly’s decision if she stays 
with her original order. If AG Nessel appeals that decision, who will pay 
for that appeal to cover up AG Nessel’s team’s clumsy handling of this case?
“Also in the last Update, I mentioned the filing of four Amicus Briefs by four national
and state organizations urging the court to dismiss all charges against Director 
“Beth LaBlanc wrote a story on this on Dec 12 in the Detroit News which I have 
attached. Also, Nolan Finley, the Editorial Director of the Detroit News, wrote 
about this on Dec. 14. That same day, I did the Michael Patrick 
Shields Big Show at 7:05 AM. You can listen to the interview on his Big Show daily podcast: TapMSP picture and scroll down to the podcast.