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List your best theories about what the BoT is hiding in the Freeh files

I honestly think that main thing being hidden in the Freeh files is those that worked to get the public's view of the story out there, i.e. interviews with people who wanted to implicate Paterno or Penn State Football culture, the connections in the interviews for who to interview next that might produce the story that they wanted, and the names of those who worked Freeh's deal and the instructions provided to him which may include some damning details. Perhaps communications from the BOT about timing of the report which may give hints why they wanted those specific results out there when it came out.

But also in general it may show internal communications about how to produce the story that the BOT had paid them to create. It may show e-mails that they wished to construe differently but had chosen not to do so. It may show e-mails that were intentionally left out of the Freeh report that would put into context those they used vaguely to implicate Paterno and PSU football and draw such a strong conclusion from such weak evidence. So it may give a little of the how the Freeh firm produces it's product for a client who is willing to pay to intentionally mislead or fabricate a story.
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When the younger Surma died, there was no death notice, no announcement, until after the fact, as I recall. The entire thing was buried. So very sad.

I despise John Surma, but there's a human element to all of this, and somehow they view JP as part of their family drama.

(and yes, I realize that it was Big John's nephew, as CR likes to refer to him.)

There are a lot of victims here.
 
When the younger Surma died, there was no death notice, no announcement, until after the fact, as I recall. The entire thing was buried. So very sad.

I despise John Surma, but there's a human element to all of this, and somehow they view JP as part of their family drama.

(and yes, I realize that it was Big John's nephew, as CR likes to refer to him.)

There are a lot of victims here.

very interesting blog post from Barry Bozeman on notpsu about Vic Jr's passing: LINK

the comments are fascinating.
 
The fact that they were given the Upjohn warning is prima facie evidence that they were not promised confidentiality, because the Upjohn warning is specifically a warning that the attorneys have no obligation to the interviewee to keep what they are saying confidential.

Upjohn provided a flexible framework to identify when employee communications with corporate counsel qualifies as protected attorney-client exchanges.

Prior to Upjohn, the circuit courts were split between the “control group” test, which only applied the attorney-client privilege to contacts with a small group of individuals at the company necessary for rendering legal advice, or the “subject matter” test, in which application of the privilege depended on the nature of the communications.

Upjohn held that each case must be evaluated on its own facts to determine whether application of attorney-client privilege would further the underlying purpose of the privilege, which is to encourage candid communications between client and counsel for the purpose of rendering legal advice. Specifically, the court emphasized that the privilege applies when “the communications concerned matters within the scope of the employees’ corporate duties, and the employees themselves were sufficiently aware that they were being questioned in order that the corporation could obtain legal advice.”

Upjohn provided more flexibility for companies by allowing them to conduct internal investigations through interviewing employees, while giving assurance that the proper notice could keep these communications confidential.
 
Upjohn provided a flexible framework to identify when employee communications with corporate counsel qualifies as protected attorney-client exchanges.

Prior to Upjohn, the circuit courts were split between the “control group” test, which only applied the attorney-client privilege to contacts with a small group of individuals at the company necessary for rendering legal advice, or the “subject matter” test, in which application of the privilege depended on the nature of the communications.

Upjohn held that each case must be evaluated on its own facts to determine whether application of attorney-client privilege would further the underlying purpose of the privilege, which is to encourage candid communications between client and counsel for the purpose of rendering legal advice. Specifically, the court emphasized that the privilege applies when “the communications concerned matters within the scope of the employees’ corporate duties, and the employees themselves were sufficiently aware that they were being questioned in order that the corporation could obtain legal advice.”

Upjohn provided more flexibility for companies by allowing them to conduct internal investigations through interviewing employees, while giving assurance that the proper notice could keep these communications confidential.

Pitiful
 
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So now the Ship of Fools are concerned with their employees? PLEAASSE... They threw JVP, Spanier, Shultz and Curley all dedicated, accomplished "employees" to the wolves. Why? The least sinister conclusion is that they pissed their pants. Perhaps they are just cowards. It is more than likely that some of the old guard knew more about Jerry than anyone else at PSU except Harmon. Which explains why Harmon is being hidden behind The Commonwealth Guard ALL Shield.
Other than Vicki Triponey and Old Guard Misanthropes tall tales, the Freeh Fiasco had no foundation for its reasonable conclusions. You have to pity the poor Fools.......they signed on for a lifetime position of cocktail parties and corporate footsie and ended up exposed as self serving and immoral.
 
Upjohn provided a flexible framework to identify when employee communications with corporate counsel qualifies as protected attorney-client exchanges.

Prior to Upjohn, the circuit courts were split between the “control group” test, which only applied the attorney-client privilege to contacts with a small group of individuals at the company necessary for rendering legal advice, or the “subject matter” test, in which application of the privilege depended on the nature of the communications.

Upjohn held that each case must be evaluated on its own facts to determine whether application of attorney-client privilege would further the underlying purpose of the privilege, which is to encourage candid communications between client and counsel for the purpose of rendering legal advice. Specifically, the court emphasized that the privilege applies when “the communications concerned matters within the scope of the employees’ corporate duties, and the employees themselves were sufficiently aware that they were being questioned in order that the corporation could obtain legal advice.”

Upjohn provided more flexibility for companies by allowing them to conduct internal investigations through interviewing employees, while giving assurance that the proper notice could keep these communications confidential.

Blah blah blah blah.

The Upjohn warning specifically warns the employee that confidentiality is not guaranteed. It is complete BS to say that Freeh promised anyone either confidentiality or anonymity.
 
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Upjohn provided a flexible framework to identify when employee communications with corporate counsel qualifies as protected attorney-client exchanges.

Prior to Upjohn, the circuit courts were split between the “control group” test, which only applied the attorney-client privilege to contacts with a small group of individuals at the company necessary for rendering legal advice, or the “subject matter” test, in which application of the privilege depended on the nature of the communications.

Upjohn held that each case must be evaluated on its own facts to determine whether application of attorney-client privilege would further the underlying purpose of the privilege, which is to encourage candid communications between client and counsel for the purpose of rendering legal advice. Specifically, the court emphasized that the privilege applies when “the communications concerned matters within the scope of the employees’ corporate duties, and the employees themselves were sufficiently aware that they were being questioned in order that the corporation could obtain legal advice.”

Upjohn provided more flexibility for companies by allowing them to conduct internal investigations through interviewing employees, while giving assurance that the proper notice could keep these communications confidential.

So what you're saying is Baldwin failed to provide C/S/S a proper Upjohn Warning?

"United States v. Ruehle, 583 F.3d 600 (9th Cir. Cal. 2009), involves a prime example of a case that features some of the pitfalls arising from the failure to provide a properUpjohn warning. In Ruehle, counsel represented the company and its CFO in civil securities litigations at the same time it was conducting an internal investigation into issues related to the securities litigations. During the internal investigation, counsel interviewed the CFO. The company later waived the attorney-client privilege, and turned over the interview statement to the SEC and U.S. Attorney’s Office in a criminal investigation.

When the CFO was subsequently indicted, he contended that his statement to counsel during the internal investigation was protected by the attorney-client privilege, and moved to suppress the statement from admission at trial. The CFO contended that he reasonably believed at the time of the interview that counsel represented both the company and him as an individual, and that counsel never advised the interview was on behalf of the company. Counsel, on the other hand, contended that it advised the CFO that it did not represent him individually with regard to the interview.

In the absence of any documents memorializing counsel’s provision of a properUpjohn warning, the district court found that counsel failed to provide it, and the disclosure of the CFO’s statement to the government required that the statement be suppressed. The court also referred counsel to the California bar for discipline for representing two parties with conflicting interests without obtaining written consent and for failing to advise the CFO to seek separate counsel."
 
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If nothing were being hidden, then there would be no reason for CR to hold court here and state as much. Nouveau riche people like him otherwise couldn't be bothered hanging out here with the hoi polloi.

If they had nothing to hide, CR would never bother hanging out here with the middle class, whom he despises.
 
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It's none of the trustees business who gave the interview only what was said and so long as what they said doesn't point to who the interviewee might be. Knowing who was interviewed isn't necessary to form a judgement as to the efficacy of the information for deciding whether the conclusions Freeh arrived at are valid.

As much of a despicable human being as I know you to be, I can't believe even you said that. I have to repeat it for effect. "Knowing who was interviewed isn't necessary to form a judgement as to the efficacy of the information for deciding whether the conclusions Freeh arrived at are valid". I mean WOW. Just unfvckingbelievable.
 
As much of a despicable human being as I know you to be, I can't believe even you said that. I have to repeat it for effect. "Knowing who was interviewed isn't necessary to form a judgement as to the efficacy of the information for deciding whether the conclusions Freeh arrived at are valid". I mean WOW. Just unfvckingbelievable.

Honestly, I haven't quite figured out whether CR is a moron or he just thinks the rest of us are dumb enough to buy this crap.
 
LOL CR66 playing pretend lawyer again.

Aside from all of this nonsense being completely and utterly irrelevant to the issue at hand.....great job CR!!

Keep on goose-stepping boy!
Comic relief at its finest...thanks Mr CR66.

Pitiful.....just pitiful.

MORE pitiful that he could possibly not realize the inanity of his own drivel, or that he does realize it and has lowered himself to such depths in service to his masters?
Nobody could possibly be as stupid as cr66 appears to be. Unfortunately we see that it is possible to be that mendacious.
 
I honestly think that main thing being hidden in the Freeh files is those that worked to get the public's view of the story out there, i.e. interviews with people who wanted to implicate Paterno or Penn State Football culture, the connections in the interviews for who to interview next that might produce the story that they wanted, and the names of those who worked Freeh's deal and the instructions provided to him which may include some damning details. Perhaps communications from the BOT about timing of the report which may give hints why they wanted those specific results out there when it came out.

But also in general it may show internal communications about how to produce the story that the BOT had paid them to create. It may show e-mails that they wished to construe differently but had chosen not to do so. It may show e-mails that were intentionally left out of the Freeh report that would put into context those they used vaguely to implicate Paterno and PSU football and draw such a strong conclusion from such weak evidence. So it may give a little of the how the Freeh firm produces it's product for a client who is willing to pay to intentionally mislead or fabricate a story.

I think you are correct. And I think the main reason they did what you say is to hide the fact that they were the ones that knew about JS and kept it from administrators and Joe. And I think they were in collusion with TSM. JMO.
 
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I expect to see some direction from the SITF on the direction and outcome of the report. Who to interview, what to ask, what the expected outcome should be. We already know Frasier was leading Freeh. Now we will find out how much.
 
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Lying? To who?

From Mc'Neils deposition:

Page 147:
Certainly the team itself was all instructed that the investigation was to remain confidential, that the attorney-client privilege applied. Those who were members of the team actually signed documents attesting to the fact that they understood and would maintain confidentiality. We communicated that as appropriate to witnesses that were interviewed.

Page148:
Certainly to anyone that was an employee of the university we provided the typical Upjohn warnings, if you will, for those who are familiar with those, essentially letting them know that the investigation was being conducted at the request of the university under the privilege that the university had the right to maintain or waive at any time and, therefore, they were to act accordingly.

Q. To the best of your knowledge, did anybody from the university ever authorize the Freeh firm or the Freeh Group to waive the attorney-client privilege?

A. They certainly permitted us to make the report public. But beyond that, no.

Q. To the best of your knowledge, did the Freeh firm ever waive the protections of the attorney work product doctrine?

A. No.
End of testimony


In internal investigations UpJohn warnings are required. What it does is put the interviewee on notice that only the corporation can waive the A/C privilege and not the interviewee. Except for the limited purpose of releasing of the report, PSU has not waived its A/C privilege and doesn't intend to do so thereby keeping confidentiality of the interviewee intact.

Upjohn held that each case must be evaluated on its own facts to determine whether application of attorney-client privilege would further the underlying purpose of the privilege, which is to encourage candid communications between client and counsel for the purpose of rendering legal advice. Specifically, the court emphasized that the privilege applies when “the communications concerned matters within the scope of the employees’ corporate duties, and the employees themselves were sufficiently aware that they were being questioned in order that the corporation could obtain legal advice.

This same post and others of CRs appeared under the name Andrea DiMaggio word for word.
 
  1. Some don't want anybody to see that they had a personal vendetta against Joe and that their decision was not based on the facts of the case.
  2. Several don't want to be accused to doing too little themselves, especially since they had some degree of knowledge about JS and because they participated with TSM.
  3. They want the whole thing to be over. Just move on.
I don't think there are any smoking guns bigger than that.

Good points above especially #2. I think they all heard rumors and they all thought Jerry was being Jerry so they are just as guilty as Joe was who they fingered to take the fall. That plus there are always side deals that may or may not be crooked but when light shines on the deals they may not look good. They want to get away from Jerry and looking like there were back room deals to enrich themselves.

The problem is that they doubled down and covered it up by fir blaming Joe and then having the Freeh report manufactured to solidify the cover-up. They made it allot worse.
 
CR66 serves the Ship of Fools like Frederick Fleet protected the Titanic. He didn't "see" any icebergs until it was too late.
 
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I think that the report was fashioned around interviews with Trustees and a few of their lackeys like Vicki Triponey. They would be even further embarrassed by exculpatory evidence that was purposely excluded from the narrative.
I think they're hiding this and evidence that they've known all along; that Freeh was hired to validate the actions of and protect the BOT.
 
FWIW,....

http://m.dailykos.com/blogs/Andrea D

I have no idea if there is a connection or not...


I've spoken to that Andrea. Has no relatives in NJ, doesn't post on message boards or newspaper comment sections. Especially Lake Hoptacong which is the site of a legend of a giant snake. You also want to keep in mind that another poster claims to live in the Mexican town from the Shawshank Redemption who has dozens of names. The 2 tie together.
 
I am interested in what they have hidden in there. I would love to hear serious theories about what specifically is in these files that they would be devastated to have revealed. Maybe someone here actually knows what is in there. Real knowledge would be very welcome. Thanks.
The whole narrative was to hide the ties that 2nd Mile had to the BOT. That still is the reason that the BOT is fighting.
 
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It's none of the trustees business who gave the interview only what was said and so long as what they said doesn't point to who the interviewee might be. Knowing who was interviewed isn't necessary to form a judgement as to the efficacy of the information for deciding whether the conclusions Freeh arrived at are valid.

Look, wanting unredacted documents is nothing more than an attempt by certain trustees to identify employees and other persons who might have given damaging information to the Freeh team so it can be used against them for political and sinister purposes. That's what this is about.


Wrong-that is not what it's about
 
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I am interested in what they have hidden in there. I would love to hear serious theories about what specifically is in these files that they would be devastated to have revealed. Maybe someone here actually knows what is in there. Real knowledge would be very welcome. Thanks.
I suspect that Freeh has more info than he let on about Benn Novak's claim that, in the early-mid 90s, there was general awareness on the Board of Jerry's proclivities, and it may go beyond general awareness on the part of some board members. If so, this will leave people wondering why they should not be fired, too, like they fired Joe. Their fiduciary duty required them to act to protect the University as soon as they were aware of the issues or potential issues.
 
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