Re: Attorney General's Investigation Into Michigan State University

STATE OF MICHIGAN
DEPARTMENT OF ATTORNEY GENERAL

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DANA NESSEL
ATTORNEY GENERAL
March 19, 2019
Ms. Dianne Byrum

Board of Trustees, Chairperson
Michigan State University
426 Auditorium Road, Room 450
East Lansing, MI 48824-1046
Re: Attorney General's Investigation into Michigan State University
Dear Ms. Byrum:
As you know, on February 21, 2019, I updated the public on several of the
Department's most important investigations, including our investigation into
Michigan State University. During that news conference, I discussed a few items
that needed to be completed in order to conclude our review. One of those items was
my request that former President John Engler be interviewed. This interview is
important in several respects. First, as interim President, Mr. Engler was hired to
help stem the Nassar fallout. To do this, Mr. Engler publicly indicated that he
implemented several policy and staffing changes designed to address previously
identified deficiencies. These are relevant issues that fall within the very heart of
our review. Second, this office is investigating the concerning allegations that
former Trustee George Perles resigned from his position with the Board in exchange
for the forgiveness of a debt that he owed. Mr. Engler is a critical witness in that
investigation as well.
We sent a letter to former General Counsel Bob Young on January 24, 2019,
regarding our request that Mr. Engler be interviewed. In light of his abrupt
departure from the University, we also offered to accommodate any logistical
concerns that might exist, including traveling to him and conducting the interview
at a date and time of his choosing. After originally indicating that the University
could not assist with facilitating his interview, we were advised that Mr. Engler
would cooperate and we were directed to Mr. Engler's personal attorney, Seth
Waxman, for purposes of scheduling.
Unfortunately, our interactions with Mr. Waxman have not been fruitful. Upon
contacting Mr. Waxman, we explained that our offer to travel to Mr. Engler was
Page 2 of 3
Dianne Byrum
contingent on Mr. Engler being unavailable to interview in the State of Michigan.

Obviously, fairness is a paramount consideration when conducting a criminal
investigation and an individual who interviews in another state is subject to
different laws and processes for purposes of the interview. For example, the laws in
Washington D.C. related to intentionally lying to a police officer in the course of an
investigation are not as strong as in Michigan. And, my authority to prosecute a
crime that is committed outside of the state is severely limited. Moreover, because
this investigation is funded by the taxpayers, we must ensure that we are
responsible stewards of the state treasury and are not expending taxpayer funds
unnecessarily.
Mr. Engler's attorney advised that he would verify that his client would not be
traveling to the state any time in the near future. These conversations took place
between February 12th and March 18th. In fact, one of my attorneys confirmed our
concern in writing as recently as March 4th.
The interview was scheduled for March 28th in Washington D.C. based on our
understanding that Mr. Engler would not be back in Michigan any time soon. You
can image my dismay then when I learned from media reports that Mr. Engler had
attended several recent Michigan State basketball games, including the game in
East Lansing on March 9th.
Mr. Engler's conduct is troubling in several respects. In addition to our concern

that Mr. Engler might be attempting to manipulate the forum of his interview to
insulate himself from the repercussions of it, I am equally concerned about the
message this sends to both the Nassar survivors and the community-at-large. We
must lead from the top. The reluctance of the former interim president of the
University to cooperatively participate in a law enforcement investigation into the
largest sexual assault scandal in the history of higher education — yet happily sit
courtside to watch the men's basketball team on multiple occasions — speaks
volumes about allegations of a culture of indifference on campus.
I do not know if the University is aware of this behavior, but you certainly have the
power to correct it. Section 10(d) of Mr. Engler's employment contract requires that
Mr. Engler "respond and provide information" regarding matters within his
knowledge even after his employment with the University has concluded. That
section also requires that Mr. Engler continue to "provide reasonable assistance to
the University" in defense of any claims that may be made against it. Thus, it
appears that the University has ample legal authority to not only facilitate our
interview with Mr. Engler but to demand that he participate in it. Accordingly, I
am requesting that the University act to ensure that Mr. Engler appear in Lansing,
Michigan within the next two weeks to be interviewed by investigators from my
office.
Page 3 of 3
Dianne Byrum
Second, during my February news conference, I again called upon the University to
waive the attorney-client privilege and release the more than 6,000 documents that
it has redacted or withheld. I have not received a response to my request.
However, it is my understanding that the University is currently deciding whether
to initiate yet another internal investigation into this matter.
If true, I'm puzzled by the purpose of this additional investigation. It's been almost
two years since the University allegedly hired Patrick Fitzgerald to conduct an
internal investigation of the Nassar matter. We have yet to receive any public
report of his findings despite the fact that it cost the University millions of dollars
to procure. Next, the University requested that my office launch the current
investigation. But, after more than a year of time, thousands of hours of work, and
hundreds of interviews, our job is still incomplete because the University has failed
to deliver on its promise of full cooperation.
It is unclear to me why the University would expend more public funds and, if true,
launch yet another investigation if it will continue to withhold information from the
public based on the attorney-client privilege. Again, I urge you and your fellow
trustees to reconsider your position on waiver of the privilege and refrain from
expending additional public funds on yet another investigation if you intend to
continue in your refusal to disclose this information publicly. The survivors, the
MSU community, and the entire State of Michigan deserve a fair and complete
investigation not another unfulfilled promise.
Thank you.
Sincerely,
04.tm iloe4eC,
ana Nessel
Attorney General
Cc: Brian Quinn

Re: Attorney General's Investigation Into Michigan State University

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Re: Attorney General's Investigation Into Michigan State University

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STATE OF MICHIGAN

DEPARTMENT OF ATTORNEY GENERAL

March 19, 2019

Ms. Dianne Byrum

Re: Attorney General's Investigation into Michigan State University

Dear Ms. Byrum:

contingent on Mr. Engler being unavailable to interview in the State of Michigan.

Mr. Engler's conduct is troubling in several respects. In addition to our concern

Cc: Brian Quinn

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