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dirshowitz.gif (62821 bytes)

 

To characterize Durshowitz's response to Alan Keyes in this debate as "childish" would be an insult to children.  It's hard to imagine that an adult in this country would hold such childish views.  If we accept this jew's words as truthful [a true oxymoron], then he must be the first man on the boat to Madagascar.

 

Take five minutes to complete the Poll on Exiling Blacks

 

 

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Durtbag advocates torture.

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Durtbag also Protects Pedophiles at the Expense of VICTIMS.

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See the original video of his LIES: http://video.c-span.org:8080/ramgen/odrive/ap112500.rm I

 

 

 

http://www.huffingtonpost.com/alan-dershowitz/is-paterno-getting-a-bum-_b_1101933.html

Criminal and civil liberties lawyer

 

 

Is Paterno Getting a Bum Rap?

 

The debate over Penn State's treatment of football coach Joe Paterno has reached into law school classes.

In my Legal Ethics class at Harvard Law School, a spontaneous debate broke out over whether Joe Paterno got a bum rap for being fired. As in any good law school class, all sides of the issue were presented vigorously and articulately.

First, we discussed whether Paterno had any legal obligation to report to the police what his assistant coach, Mike McQueary, told him he saw in the locker room. The virtually unanimous view was that he had no legal obligation to do anything -- not even to do what he did, namely relay the conversation to his immediate superior, the Director of Athletics. Unlike many European cou ntries, most American states place no affirmative duty on citizens to report even crimes they have themselves seen, and certainly no duty to report crimes that others have told them about. I'm not aware of any Pennsylvania law, in effect at the time of these events, that would have imposed any such legal duty on Paterno. The fact that he did report the conversation to his superiors would seem to immunize him from any legal liability, either criminal or civil.

This conclusion was based on what is currently in the media. There may be facts not known to the class that could change the legal landscape.

Several students immediately sought to probe the distinction between legal and moral obligations. This being a class on legal ethics, this distinction is often central to our discussions. In the classroom, the issue often arises in the context of information confidentially given to a lawyer by his client. In such situations, the lawyer may have conflicting obligations: a legal obligation to confidentiality of his client; and a moral obligation to try to prevent continuing conduct that could harm others. But Paterno is not a lawyer, and McQueary was not his client. He was free, therefore, to disclose the conversation to anyone he chose, and it seems likely that McQueary actually wanted him to turn the information over to the proper authority, so that Jerry Sandusky would not be able to continue doing what McQueary had seen him do.

The moral question, therefore, is whether Paterno did enough by simply conveying the information one step up in the hierarchy to the athletic director, and doing nothing further. Reasonable people can, and do, disagree over the answer to this question. Some take the view that Penn State is a rigidly hierarchical organization, and that in such an organization, it is sufficient to report to one's superior. Others point out that the Catholic Church too, is a hierarchical organization, and when priests reported abuse to their bishops and the bishops reported the abuse up the hierarchy, the problem persisted. Yet others take the view that if Penn State is a hierarchy like the Vatican, then Paterno was "the Pope," and the buck stopped with him. He, not his superiors, was the person responsible for reporting the episode to the police. That seems unfair in light of the fact that popes can't be fired, and yet Paterno was discarded like a bag of putrid garbage, when it served the interests of the Board of Directors to distance themselves from him. The President, who was also fired, was apparently the highest official to whom the information was transmitted, although it isn't clear precisely what he was told by the time it got to him through the filter of several others. It was the president who was ultimately responsible for the misguided decision to "resolve" the "problem" internally instead of reporting the crime to the police, as should have been done.

There is another factor, which may explain, if not justify, Paterno's limited actions in going only to his immediate superior. Paterno and I come from roughly the same generation. We grew up during the period of McCarthyism, and my parents taught me, as his parents may well have taught him, that the most unforgivable sin is to "snitch" on one's friends and colleagues. Being called a "snitch" was just about the worst thing anybody could say about someone who grew up in the 1940s and 1950s. Moreover when we grew up, no one understood the pervasiveness and seriousness of child abuse. Again this is not an excuse, any more than the Catholic Church's long traditions of confidentiality, forgiveness and hierarchy, were an excuse for its inactions in the face of widespread child abuse. But it may help some to understand why a good man like Joe Paterno might fail to do what a younger generation of good men and women would naturally do when told about a child being abused by a former assistant coach.

I think the consensus of the class was that regardless of what the law did or did not require, Paterno should have done more than simply report to his superior and wash his hands of the matter -- if, in fact, that's all he did. As the moral leader of Penn State athletics, he should have served as a role model for the current generation of students and athletics. At the very least, he should have followed up to see whether the school had done enough to avoid a recurrence. Perhaps if he had insisted that more be done beyond taking away Sandusky's key and gym privileges, more would have been done.

All this is clear with the benefit of hindsight. But from the perspective of events as they unfolded, it is asking a lot of a football coach, even one as revered as Paterno, to have served as the primary or exclusive guardian of the morals of Penn State.

I believe, and here I'm speaking for myself and not my students, that, on the basis of the information now in the public sphere, Paterno was treated unfairly by the Penn Board. His extraordinary contributions to the school -- both on the field and off -- should have been weighed in the balance and he should have been permitted to retire with dignity. His legacy should be that of a giant, who may have made one serious mistake of judgment, which seems clearer in retrospect than it probably was at the time it was made. There are no perfect heroes in real life, just flawed human beings who should be judged on the totality of their merits and demerits. When so judged, Joe Pa is still a flawed hero in my eyes. Many of my friends and students disagree, believing that his mistake was so serious that it trumps his victories on the Grid Iron. It's an interesting debate. What do you think?

A version of this article first appeared on Newsmax

 

 

 

 

Alan Dirshowitz got booed off the stage in a debate with Alan Keyes when he misquoted Voltaire by proclaiming [falsely, of course] that he would die to protect our right to free speech in the very same breath he said we simply have "no right to tell  two adults who choose to gratify themselves in a certain way that they are wrong, and he has no basis for his conclusion".  This is a lie, Dirshowitz believes this lie, and he's just amazed [no, shocked] when he discovers that we don't believe it.  This is paranoia and schizophrenia all wrapped up into a tidy little ball.  Not only do we have this right today, we have had this religious obligation to God for 5,000 years, 90% of more of the countries of the world have this right today, and legitimate democratic public mandates in more than 33 states within the very country Alan resides in to protect that right with DOMA laws show up to 85% of voters agree they have that right.

Now Alan complains "Paterno was discarded like a bag of putrid garbage, when it served the interests of the Board of Directors to distance themselves from him" as if though the rights of DOZENS of CHILDREN [and specifically BOYS] who were abused BECAUSE Paterno failed to act are totally and completely irrelevant to his "expert legal analysis".

I'm embarrassed for my country that it would protect such chronic criminal behavior by so many for so long, and I could not care less what some silly board of directors does or does not do.  I have zero faith that Alan, much less the board, much less Paterno, much less Sandusky himself, would EVER do the right thing.  In fact, I am ONE HUNDRED PERCENT CONFIDENT that ALL of them, plus the local DA's, PLUS the local judges, PLUS all the priests and bishops and cardinals in the area, would do exactly the WRONG thing as they have ALWAYS done.

This single statement is proof positive of it.

It's way past time for Alan to be Paterno-ized, and the phrase "discarded like a bag of putrid garbage" must be made an integral part of his walking papers.

Alan, when I take out my garbage today, and tomorrow, and the day after, ..., I'll be treating it with extra care, because now every time I throw it away, I'll be thinking of you, and only you.  May God protect my country from you and yours.

 

 

 

 

 

 

When asked the direct question: "what makes something right?", Dirshowitz gave a number of lame excuses for not answering, like "there are no simple answers", before he finally admitted "I don't know".  He went on to say that, not only does he not know what is right, but that he knows that WE don't know what's right.

Huh?  He believes that he is so much smarter than every single Christian in the country, that if he doesn't know what's right, then nobody else possibly could?  Dirshowitz is even smarter than God, and therefore nobody else in the world could possibly know what's right?  The supreme arrogance of such a statement is bad enough, but the implication is that, if Christians don't know what's right, then jews like Dirshowitz, who ADMIT that they don't even know what's right or wrong, should be the ones telling Christians what's right and wrong?!  This brilliant moral minor then followed up by calling the Holy Bible "homophobic", "racist", "sexist", and "anti-jewish".  This is blasphemy in every sense of the word, and it's the type of blasphemy which disqualifies him to practice, much less teach, law in this country.

Dirshowitz then LIED in such a convincing manner that his contribution to and continuation at Harvard MUST be SERIOUSLY questioned.    Alan Keyes was at his most brilliant when he called him on that LIE.  Dirshowitz said, and I quote:  "He [Keyes] simply has no right to tell  two adults who choose to gratify themselves in a certain way [sodomites] that they are wrong, and he has no basis for his conclusion.  What is he going to do--cite some Biblical verse?"  

Alan Keyes then challenged Dirshowitz that believing that Americans have no "right" to even speak out against ANYTHING is the very definition of totalitarianism.  If Dirshowitz had had false teeth, they would have flown across the auditorium as sputtered and LIED:   " I said no such thing", which of course was met with the first spontaneous "boos" of the entire debate.

"I said no such thing"!   For 5,000 years now, Jews have believed that they can say ANYTHING to Christians because they think they can merely deny that they ever said it.  And for 4,950 years they were just about right.  But now we have TV and radio and the internet which keep permanent RECORDS of their jew LIES.

This is EXACTLY what Dirshowitz said.  It's on video tape.  Nobody but Durtbag said it, nor could have said it!

From this point forward, what Dirshowitz says has utterly no credibility.  He doesn't know right from wrong but wishes to impose his ignorance on those who DO.  He can willy nilly say that they "simply have no right" and then claim that he never even said it.  He admitted that he knows that sodomy is a learned behavior, claimed that sodomy occurs only in private bedrooms, then ignored that sodomy is INEVITIBLE when sodomites are permitted to be around young Boy Scouts.  He misquoted George Washington, then when Keyes called him on it, he reversed himself by claiming that the New York Times misquoted Joseph LIEberman who misquoted George Washington.  He whined that the Boy Scouts is "too Christian" and "an established right wing" organization, after admitting that he was admitted to the Boy Scouts as a known JEW.   He attempted to hold Alan Keyes to the purportedly Constitutional principle of "separation of church and state" [which is not in the Constitution], criticized Thomas Jefferson as "just a man" [whose misquoted letter about separation of church and state was the issue], and then said that even if this wasn't in the Constitution that "I would add it" [read: jews can't be held to mere words, contracts, nor written statements in Constitutions and bibles because they're morally superior to the written word].  He condemned the Baptists for the statement: "women must submit gracefully" and claimed that Christians will be apologizing for that "travesty ... just as they apologized for the Inquisition and the Crusades".

It was the most supreme display of jewish arrogance this author has ever witnessed, and I've witnessd planty.  He invoked the holocaust in the name of his 40 dead relatives, to which Keyes, a black man, challenged Durtbag  to try to top slavery--a brilliant deep six to Durtbag which deflated his victimization baloon like a sharp pin.  Of course like all jews, he'll always ignore the 264 million dead WHITE Christians in Europe, many of whom are direct ancestors of the majority of the American population, who presumably gave their lives to protect the poor jews from the Nazis (another big jewish LIE). 

When booed, Dirshowitz screeched in a little girl's voice: "If you think your boos will scare me, you don't know me".  No, Durtbag, audiences don't boo people to "scare" them--they boo them to let you know how STUPID you look and sound when you get caught in a big fat LIE, right there on stage, before thousands of viewers, on VIDEO TAPE, by denying that which you just stated. 

How revealing that this little faggot expert on victimhood, who went to great lengths to make sodomy appear as nothing but a life style choice rather than the social pathology it is, would view a boo as an attack on his life or safety.  

Boo, Durtbag.  Boo, boo, boo. Sue me.

 

----- Original Message -----

Sent: Friday, December 20, 2002 1:07 AM

 

Alan M. Dershowitz 
 
National Post
 
 If a visitor from a far away galaxy were to land at an American or Canadian university and peruse some of the petitions that were circulating around the campus, he would probably come away with the conclusion that the Earth is a peaceful and fair planet with only one villainous nation determined to destroy the peace and to violate human rights. That nation would not be Iraq, Libya, Serbia, Russia or Iran. It would be Israel.

 

There are currently petitions circulating on most North American university campuses that would seek to have universities terminate all investments in companies that do business in or with Israel. There are also petitions asking individual faculty members to boycott scientists and scholars who happen to be Israeli Jews, regardless of their personal views on the Arab-Israeli conflict. There have been efforts, some successful, to prevent Israeli speakers from appearing on college campuses, as recently occurred at Concordia University. There are no comparable petitions seeking any action against other countries that enslave minorities, imprison dissidents, murder political opponents and torture suspected terrorists. Nor are there any comparable efforts to silence speakers from other countries.
 

The intergalactic visitor would wonder what this pariah nation, Israel, must have done to deserve this unique form of economic capital punishment. If he then went to the library and began to read books and articles about this planet, he would discover that Israel was a vibrant democracy, with freedom of speech, press and religion, that was surrounded by a group of tyrannical and undemocratic regimes, many of which are actively seeking its destruction. He would learn that in Egypt, homosexuals are routinely imprisoned and threatened with execution; that in Jordan suspected terrorists and other opponents of the government are tortured, and that if individualized torture does not work, their relatives are called in and threatened with torture as well; that in Saudi Arabia, women who engage in sex outside of marriage are beheaded; that in Iraq, political opponents are routinely murdered en masse and no dissent is permitted; that in Iran members of
religious minorities, such as Baha'is and Jews, are imprisoned and sometimes executed; that in all of these surrounding nations, anti-Semitic material is frequently broadcast on state-sponsored television and radio programs; in Saudi Arabia apartheid is practiced against non-Muslims, with signs indicating that Muslims must go to certain areas and non-Muslims to others; that China has occupied Tibet for half a century; that in several African countries women are stoned to death for violating sexual mores; that slavery still exists  in some parts of the world; and that genocide has been committed by a number of countries in recent memory.
 

Our curious visitor would wonder why there are no petitions circulating with regard to these human rights violators. Is Israel's occupation of the West Bank and Gaza -- an occupation it has offered to end in exchange for peace -- worse than the Chinese occupation of Tibet?
 
Are the tactics used to combat terrorism by Israel worse than those used by the Russians against Chechen terrorists? Are Arab and Muslim states more democratic than Israel? Is there any comparable  institution in any Arab or Muslim state to the Israeli Supreme Court, which frequently rules in favor of Palestinian claims against the Israeli government and military? Does the absence of the death penalty in Israel alone, among Middle East nations, make it more barbaric than the countries which behead, hang and shoot political dissidents? Is Israel's settlement policy, which 78% of Israelis want to end in exchange for peace, worse than the Chinese attempt at cultural genocide in Tibet? Is Israel's policy of full equality for openly gay soldiers and members of the Knesset somehow worse than the policy of Muslim states to persecute those who have a different sexual orientation than the majority? Is Israel's commitment to equality for women worse than the gender apartheid practiced in Saudi Arabia?
 
Our visitor would be perplexed to hear the excuses made by university professors and students for why they are prepared to delegitimate Israel while remaining silent about the far worse abuses committed by other countries. If he were to ask a student about the abuses committed by other countries, he would be told (as I have been): "You're changing the subject. We're talking about Israel now." This reminds me of an incident from the 1920s involving then-Harvard president A. Lawrence Lowell. Lowell decided that the number of Jews admitted to Harvard should be reduced because "Jews cheat." When a distinguished alumnus, Judge Learned Hand, pointed out that Protestants also cheat,
Lowell responded, "You're changing the subject; we're talking about Jews."
 
It is not surprising, therefore, that as responsible and cautious a writer as Andrew Sullivan, formerly editor of The New Republic and now a writer for The New York Times Magazine, has concluded that "fanatical anti-Semitism, as bad or even worse than Hitler's, is now a cultural norm across much of the Middle East and beyond. It's the acrid glue that unites Saddam, Arafat, al-Qaeda, Hezbollah, Iran and the Saudis. They all hate the Jews and want to see them destroyed."
 
Our intergalactic traveller, after learning all of these facts, would wonder what kind of a planet he had landed on. Do we have everything backwards? Do we know the difference between right and wrong? Do our universities teach the truth?
 
 These are questions that need asking, lest we become the kind of world the visitor would have experienced had he arrived in Europe during the late 1930s and early 1940s.
 
 Dershowitz is Professor of Law at Harvard.

 

 


Dershowitz is also a DISGRACE to this once fine, former Christian university, which was FOUNDED to spread Christianity, not jew hate.  And as the following posts where not a single person agreed with him, he is also the most UNPOPULAR man to ever walk the face of the earth.

 

03:25 AM on 01/13/2012
What a bunch of Fools. Everyone has an opinion on the Law. We have access to more Legal informatio�n than in the History of Law. A simple Google search and you can find that Paterno!!! Broke the Law (*NOT* McGarity)-�-in terms of reporting alleged Sexual Abuse.

http://law�.onecle.co�m/pennsylv�ania/domes�tic-relati�ons/00.063�.011.000.h�tml
23 Pa. Cons. Stat. � 6311
Chapter Heading. The heading of Subchapter B was amended
December 16, 1994, P.L.1292, No.151, effective July 1, 1995.
� 6311. Persons required to report suspected child abuse.

(c) Staff members of institutio�ns, etc.--When�ever a person
is required to report under subsection (b) in the capacity as a
member of the staff of a medical or other public or private
institutio�n, school, facility or agency, that person shall
immediatel�y notify the person in charge of the institutio�n,
school, facility or agency or the designated agent of the person
in charge. Upon notificati�on, the person in charge or the
designated agent, if any, shall assume the responsibi�lity and
have the legal obligation to report or cause a report to be made
in accordance with section 6313. This chapter does not require
more than one report from any such institutio�n, school, facility
or agency.

McGarity fulfilled his obligation to report to a "Superior"�. Thus the obligation rested on Paterno to inform the authoritie�s.
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jacobisrael
06:07 PM on 12/14/2011
"The man did pay dearly with a lifetime of superior attaboys for one debatable oh schitte!"

I don't think many of the 32 million hits to Google on the Sandusky case would agree with you that a serial homosexual rapist like Sandusky represents just "one debatable oh schitte! " It's not debatable. And what we from Sandusky's accusers so far is just the tip of the iceberg. He didn't start doing this yesterday. And Sandusky could be the tip of an iceberg where 240 THOUSAND American high school boys have been subjected to the same thing, only to have the RCC cover it all up. Even so, NO "lifetime of superior attaboys" should permit even ONE case like this to go unpunished�. And imprisonin�g him is NOT punishment�.

� 85% of Mississipp�i voters amend state constituti�on in 2001
� 76% of Texas voters pass Propositio�n 2
� 71.6% of Kentucky voters amend state constituti�on
� 70% of Nebraska voters amend state constituti�on with Initiative 416
� 69.4% of Nevada voters amend state constituti�on
� 68% of Alaska�s voters amend state constituti�on
� 66% of Hawaii legislator�s amend state constituti�on, 69% of voters endorsed that amendment
� 61.4% of California voters pass Propositio�n 22 on March 7, 2000, then again 53% pass Propositio�n 8 in November 2009
� 57% of Oregon voters reject the National Gay and Lesbian Task Force and amend their state constituti�on
� 53.4% of Colorado Voters amend state constituti�on on November 3, 1993
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jacobisrael
07:25 PM on 12/14/2011
� Oklahoman voters made it a crime for a public official to issue gay marriage licenses
� FEDERAL DOMA law passed on September 21, 1996 ends gay marriage
� �Voters in Arkansas, Georgia, Kentucky, Michigan, Mississipp�i, Montana, North Dakota, Ohio, Oklahoma, Oregon and Utah all approved anti-same-�sex marriage amendments by double-dig�it margins�, per CNN
� �Focus On the Family� reported that 35 states had already passed DOMA laws prior to California voters passing Propositio�n 8 in a landslide victory, making that 36 states
� Voters in Maine and Washington reject their legislator��s initiative�s to recognize gay marriage
� 40% of Canadian voters want to recognize gay marriage
� Seven states have laws that define marriage as a legal union between a man and woman, deny recognitio�n of same-sex marriages solemnized in other states, and make same-sex marriage a violation of public policy. These states are Alabama, Arkansas, Georgia, Kentucky, Michigan, Pennsylvan�ia, and Missouri
� Six states define marriage as a union between a man and woman and deny recognitio�n of same-sex marriages solemnized in other states. These states are Alaska, Florida, Indiana, Nebraska, South Dakota, and West Virginia
� Four states deny recognitio�n of same-sex marriages solemnized in other states and make such marriages a violation of public policy. These states are Idaho, Louisiana, Montana, and South Carolina
� Three states-Col�orado, Kansas, and Tennessee-�define marriage as a legal union between a man and women and make same-sex marriage a violation
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08:00 AM on 12/03/2011
"Gray zone" issues or those that are placed into the category of situationa�l ethics seem to NEVER get resolved. Unless we have a STANDARD of judgment, which tends most times to serve best by being clearly defined black and white and certainly not infinite shades of gray, the pizzing match will yammer on and on. As a comparison�, do we have situationa�l rules in football? If you REALLY TRIED to make a first down but came up an inch short, do you get style points to be awarded the first down?

Situationa�l ethticians do not seem to see the web of uncertaint�y and wiggle roomed mayhem that they weave.

Is Joe guilty or not? Did he deserve what he got? How high is up? How low is down? Where's the middle?

The man did pay dearly with a lifetime of superior attaboys for one debatable oh schitte!
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01:28 PM on 11/30/2011
I fell asleep halfway through this column. Did he say anything interestin�g or compelling�? No? Figures.
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08:05 AM on 12/03/2011
Yeah, I know, Dershowitz is not exactly one of my consistent faves. He has something here though...
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12:50 PM on 11/26/2011
Even though the Centre County DA declined to press charges against Sandusky in 1998, the allegation�s and all the sordid details in the case would definitely have been known by the man who was the liason between the University Police and the DA's office in 1998, Gary Schultz. What was told to Joe Paterno about that investigat�ion is speculatio�n at best. Fast forward to 2002, and ask yourselves why the mere mention of Sandusky's name by McQueary, no matter how graphic the details of what he had seen, did not prompt Schultz to immediatel�y contact state authoritie�s?

Paterno "retired" Sandusky in 1999. After that date, all the access to the football facilities�, all the perks, all the partnershi�ps with his Second Mile charity were a result of direct actions of the Penn State administra�tion and the Board of Trustees, and had nothing to do with Paterno or the football program. Paterno got rid of him, the administra�tion enabled him to remain a part of the PSU community.
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07:17 AM on 11/26/2011
The moral issue of what Paterno should or should not do may be amplified once the full context of the 1998 incident, in which Sandsuky essentiall�y admitted to showering naked with a young boy and admitted that he wished he were dead. Subsequent to that, sandusky "retired" at the age of 55 to devote his energies, full time, to his foundation�. That incident, in which the DA announced that he did not have enough basis for charges, then subseuqnet�ly disappeare�d, along with the hard drive from his computer, was an incident that had a substantiv�e amount of traction at the time. AD's article convenient�ly neglects to capture the entire history of "benign neglect' that occurred at Penn State. was Sandusky forced into early retirement because he was a bit wierd with the boys and - why did no other team in the country pursue this avowedly brilliant and inspiratio�nal coach?

My sense is that Paterno AND the administra�tion knew far more about Sandusky's behavior than that created by the 2009 incident.

Generation�al influences�? The concept of PTSD and treatment for childhood sexual abuse evolved in the 1980's. it was not an independen�t body of study, clinically speaking, until some of the pioneers began writing about the issue seriously.�.. VanDerKolk�, Kluft, and (later) Judith Lewis Herman....�...

That said, it remains a mystery to me, generation�al aspects notwithsta�nding, why there should be such resistance to calling showering naked with a minor what it is... abusive.
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03:13 PM on 11/25/2011
I agree that legally Joe Paterno was not under any legal obligation�. He or his Penn State staff should have made sure things were followed up. Joe Paterno has reached the age where he was just a figure head of what he was. Penn State had been trying to get rid of him for years. So when the scandal came up and he was indirectly involved he was looked at and held more responsibl�e. If he hadn't opened his mouth and said to the board DON'T WAIST YOUR TIME THINKING ABOUT ME...I WILL QUIT WHEN THE SEASON IS OVER. That was the last straw, so they felt they had no choice. His handlers should have keep him quiet.

Unfortunat�ely, Joe Paterno wasn't the real victim here. His departure can be seen as collateral damage.
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03:20 AM on 01/13/2012
Have anyone BOTHERED to look up Criminal Law? The state law has been in effect almost 20-years. Your passion for the University has blinded your thought process.

http://law�.onecle.co�m/pennsylv�ania/domes�tic-relati�ons/00.063�.011.000.h�tml
23 Pa. Cons. Stat. � 6311
Chapter Heading. The heading of Subchapter B was amended
December 16, 1994, P.L.1292, No.151, effective July 1, 1995.
� 6311. Persons required to report suspected child abuse.

(c) Staff members of institutio�ns, etc.--When�ever a person
is required to report under subsection (b) in the capacity as a
member of the staff of a medical or other public or private
institutio�n, school, facility or agency, that person shall
immediatel�y notify the person in charge of the institutio�n,
school, facility or agency or the designated agent of the person
in charge. Upon notificati�on, the person in charge or the
designated agent, if any, shall assume the responsibi�lity and
have the legal obligation to report or cause a report to be made
in accordance with section 6313. This chapter does not require
more than one report from any such institutio�n, school, facility
or agency.

McGarity fulfilled his obligation to report to a "Superior"�. Thus the obligation rested on Paterno to inform the authoritie�s.
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08:12 AM on 11/25/2011
I AGREE WITH PROFESSOR DESHOWITZ,�THAT JOE PATERNO WAS NOT UNDER ANY LEGAL OBLIGATION TO REPORT ANYTHING HE HEARD OR WAS REPORTED TO HIM.
HOWEVER, IT IS SOCIALLY REPUGNANT THAT HE COULD KNOW OR HAVE KNOWLEDGE OF THE SEXUAL ABUSE OF A CHILD AND DO NOTHING ABOUT IT.
A LEGAL ISSUE NO, A MORAL ISSUE, YES!
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03:13 AM on 01/13/2012
You are absolutely on CRACK---th�e Pennsylvan�ia code is EXPLICITLY CLEAR as to reporting, going to far as to RELIVE McGarity of his duty to notify authoritie�s outside the institutio�n, because he notified Paterno--h�is superior.

http://law�.onecle.co�m/pennsylv�ania/domes�tic-relati�ons/00.063�.011.000.h�tml
23 Pa. Cons. Stat. � 6311
Chapter Heading. The heading of Subchapter B was amended
December 16, 1994, P.L.1292, No.151, effective July 1, 1995.
� 6311. Persons required to report suspected child abuse.

(c) Staff members of institutio�ns, etc.--When�ever a person
is required to report under subsection (b) in the capacity as a
member of the staff of a medical or other public or private
institutio�n, school, facility or agency, that person shall
immediatel�y notify the person in charge of the institutio�n,
school, facility or agency or the designated agent of the person
in charge. Upon notificati�on, the person in charge or the
designated agent, if any, shall assume the responsibi�lity and
have the legal obligation to report or cause a report to be made
in accordance with section 6313. This chapter does not require
more than one report from any such institutio�n, school, facility
or agency.
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02:30 PM on 11/24/2011
It's Penn State, not Penn, Alan. You should have been illustrati�ng the nature of grand jury reports, especially in Pennsylvan�ia and the ethical breach of the AG's office.

http://dea�dspin.com/�5862257/ho�w-grand-ju�ries-in-pe�nnsylvania�-make-it-i�mpossible-�for-jerry-�sandusky-t�o-get-a-fa�ir-trial?t�ag=penn-st�ate-scanda�l

Joe Paterno was tried, convicted, and lynched by the media and then the university based on two lines of a GJ report that is not a transcript but a prosecutor�'s summary of findings. The has been contemptib�le in their coverage. A casual observer would be led to believe that JoePa personally hand picked victims and then held them down for Sandusky. Sports Ilustrated devoted a cover to the story.

http://twi�tpic.com/7�eyrsl

No mention of Sandusky. Just an indictment of Paterno and the university�, once again, based on a GJ report that is not a transcript but a prosecutor�'s summary.

Yes, Sandusky appears to be the most egregious of predators. If guilty, he deserves the maximum penalty allowable. JoePa has already been convicted and punished. What he knew, when he knew it, and what he did about it should not be based on the media's interpreta�tion of two lines in a GJ report. Hopefully all the facts will eventually find the light of day. If JoePa is guilty of coverup, he deserves his fate, but I'm surprised
that a certain studio is not registerin�g seismic activity from all the knee jerking and tongue wagging courting inside its walls.
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03:10 PM on 11/23/2011
Reverence is reserved for God, Mr Dershowitz�; not a god.
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02:28 PM on 11/23/2011
according to the mandated reporting laws in pa (which are flawed) paterno was legally obligated to report to his immediate superior..�.dr dershowitz is wrong

as for how paterno was treated...�facts have come out that he may very well known about sandusky's predilecti�ons long before the incident in question (ergo, sandusky retiring in 99)

come on dersh...yo�u are better than this
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11:52 AM on 11/23/2011
Do you think if it had been his grandson or son Paterno would have thought he had done enough? Do you think that if a similar situation had happened to one of his children or grandchild�ren and the person in power had only done what he had done - do you think he would have been satisfied that the coach had done enough?

I think as a society we have a duty to protect those who cannot protect themselves�. Here was a young boy being raped and no one thought to protect him. Check on him. Worry about him. Paterno made a choice - whether it was conscious or unconsciou�s - that he didn't owe it to the child to protect him. He was in a position of power. He was not an underling. In my opinion, he had a moral duty to help that child and to help prevent any other child from being in a similar situation. Had he done the right thing, the morally right thing, he may have been able to prevent even more children from being abused. And for this decision, I do believe losing his position is correct.

When you have that much power within an institutio�n, you should use it wisely. He chose the institutio�n over this boy. He chose a former colleague over this boy. He chose football over this boy.

And believe me he would have made a different choice if it affected him more directly - like it was his
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04:18 PM on 11/22/2011
Is this why you support torturing terrorist suspects in the US and Israel? Because they have the same scruples about "snitching�" as you and Paterno?
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03:28 PM on 11/21/2011
A "flawed hero?" If Paterno suspected Sandusky was in the shower with a child, he should have called the man in immediatel�y and questioned him. If he was found to have been in that shower and naked, the police should have immediatel�y been called--ne�ver mind campus security. Twist this around your legal poles as much as you wish, this was a child who needed Paterno's protection�. That he was unwilling or unable to extend it--perhap�s because of his "generatio�n" and its view of "snitches"�--reflects his own need to be corrected by the authoritie�s. What would Paterno have had to do to earn your true approbatio�n--hold a child down for an assault?
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01:58 PM on 11/24/2011
Sandusky didn't work at Penn Stete in 2002. How could Paterno have "called him in"?
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04:02 PM on 11/24/2011
LOL

Would you be singing that tune if it was your son?
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03:16 PM on 11/21/2011
Paterno likely got very good at cloaking himself in a veil of plausible deniabilit��y and "not getting involved" in situations that did not directly involve his players or his current coaching staff. Paterno is 100% culpable if he created a situation that controlled the flow of informatio��n in such a way to ensure that he had plausible deniabilit��y.

Imagine the following HYPOTHETIC��AL conversati��on at Paterno's house with McQueary:

MM: "Coach Paterno, sorry to bother you at home but I have something important to that you need to know about... I was at the locker room last night and I saw Coach Sandusky there...wi��th a kid..."

JP: (cutting off MM): "Was it one of my players?"

MM: "No."

JP: "Good. So what's the problem."

MM: I saw Coach Sandusky doing something in the shower...s��omething inappropri��ate."

JP (cutting off MM): "I got rid of that S.O.B. two years ago. He doesn't work for me. Why are you talking to me about Sandusky?"

MM: "Well, I thought you needed to hear about it"

JP: "I think I've heard all I need to hear. You think you saw something happen with a kid who is not one of my players and a former coach who does not work for me anymore. Right? Go talk to Curley. He's the Athletic Director."

Nearly 50 years of practicing plausible deniabilit�y resulted in abject moral failure for Joe Paterno and that is the reason he got fired.
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02:33 PM on 11/24/2011
No, the reason he was fired was because of a media trial based on a two line summary of findings in a GJ report. What you have written here is more of the same and currently not supported by facts. In fact, what you have written is a total fabricatio�n. Your dishonesty is an abject moral failure.
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jacobisrael
02:28 PM on 11/26/2011
And ADMITTING to TWO felonies on national radio had NOTHING to do with it?
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08:24 AM on 11/27/2011
I think you missed my point. After reading all the facts disclosed to date, I am trying to come up with some plausible story for how Paterno could not have known and not done anything about Sandusky. The only plausible story for Paterno (especiall�y if you read his official statement, in his words, not mine) is that:

1) he was fooled by Sandusky
2) he didn't know anything about the 1998 incident
3) he followed university protocol in handling the situation in 2002
4) he didn't know the serious nature of the alleged shower incident
5) he wished he had done more

I believe Paterno to be stating the truth in his official statement. But I can't accept that for a person of Paterno's stature this is an acceptable way to behave, to live in a bubble of oblivion.

Try to come up with some other plausible scenario where Paterno could be so clueless. McQueary went to his house and told him about the 2002 incident. How else could Paterno or McQueary not be flat out lying?

And other than using the words "imagine" and "hypotheti�cal" (in all caps) to preface my made up, hypothical�, fictitious�, facetious, sarcastic, fairy tale conversati�on, I don't know how else to make the point that this is a FICTIONAL account.

 

 

 

11:48 AM on 11/21/2011
It's interestin�g to me how the pattern of the "cover-up" as it were, almost parellels the well-known pattern of abusers.

Initially, there is camraderie�, maybe an innocent-s�eeming hug, then some "horsing around" (a term now ruined forever thanks to Sandusky).�.....sleep�overs.....�.tickling.�......unti�l it's only a short leap further to truly horrific abuse.

Similarly.�...no one SET OUT to say "This intitution (PSU) is going to excuse & CONDONE the rape of children on it's premises".�........

But that seems to be exactly what happened ....after an extended period of small escalation�s....
first rumors,... then allegation�s,......la�ter eyewitness�es,.....al�l-the-way to grand jury testimony!�....
and STILL nothing was done!

I think it has something to do with our visceral, knee-jerk reluctance to accept the IDEA of such repulsive behaviour happening.�..at ALL....muc�h less in our own "back-yard�".
And I think it's that revulsion and avoidance that allowed the twin evils of poor, sick Sandusky..�...and poor, WILLFULLY blind Paterno to claim so many victims.

If any ONE thing sets my hair on fire it's that....we�ll along.....�.Sandusky continued to have the run of the place....b�ut was told he was "no longer allowed to bring minors into the facilities�"....
Which as much as says "We know what you're up to.....jus�t don't involve US"
Read the grand jury testimony HERE:...(t�hough I wish I hadn't)

http://med�ia.nbcphil�adelphia.c�om/documen�ts/Sandusk�y-Grand-Ju�ry-Present�ment.pdf

Regards
tm
.
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AAHewetson
Intelligence is just fine with me
10:41 AM on 11/21/2011
As soon as Paterno chose to not report this incident to the police he became a co-conspir�ator in an attempt to conceal a felony. I believe that that just might be illegal.
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03:30 PM on 11/21/2011
I guess you know more than the Grand Jury that conducted a 3 year investigat�ion and the Pa Attorney General, congrats!!
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AAHewetson
Intelligence is just fine with me
04:52 PM on 11/21/2011
If he knew of a child being raped and didn't report it he broke Pennsylvan�ia state law. If he got away with it (and wealthy, powerful, connected people get away with things more than most like to admit) so be it. Failure to report child abuse is a violation of state law, though.
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03:06 PM on 11/23/2011
I have no doubt Paterno got his coaching staff together (sans Sandusky) to draw out an attack formation on the boards in anticipati�on of the end game once this hit the field. He's not the winniest coach in football history for being stupid. He probably got some line coach to research Pennsylvan�ia law and school policy. He know's both only require him to report the incident to school superiors. It probably never occurred to him that a child was suffering some where in the world. Football bay- that's the only game in town.
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09:32 AM on 11/21/2011
I don't think answering the moral question is much different than answering the legal question. We're not supposed to pass judgement until we have as full a set of facts as possible.

It's been reported that McQueary said in an email that he discussed the allegation with the police. Paterno's boss, Shultz, told the Grand Jury that he thought the allegation was reported to a Child Protection Agency/Ser�vices (the primary thing one should do in PA when child abuse is suspected)�. If Paterno was misled to understand that both the police and Child Protection Services were advised, as two of those in direct contact with Paterno suggest, what was Paterno's moral responsibi�lity then? To put on a Sherlock Holmes cap and play detective?

I'm not saying Paterno did or did not fail his moral responsibi�lity. Surely, there's a place in your ethics class where how the state bar reviews a lawyers ethical behavior is covered. Why is Paterno not entitled to a full set of facts before judgment by so many? I think we have a moral and ethical responsibi�lity to stand up for that before we tar and feather someone in the media.
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02:20 AM on 11/21/2011
YOU PEOPLE AMAZE ME,,,,,tal�king about shooting the messenger,�,,,what a classic example of what is popular these days,,,,,P�ATERNO has been thrown out in the street and ran over by his own PSU bus,,,,no question,,�,the board of regents or trustee's whomever you wanna call them,,,,th�eir number one concern is the best interest of PSU and dealing with the situation at hand,,,,LI�KE IT OR NOT,,,,tha�t is what's happening here,,,,,,�,i'm sure the PATERNO's are crushed as they have gave their all for PSU and to children and childrens organizati�ons,,,,hav�e benefitted tremendous�ly from what the Paterno's have done,,,,,,�,PLEASE RECALL,,,,�this situation was brought before a district attorney and he chose NOT TO PROSECUTE,�,,,AND CAME UP MISSING,,,�,so don't you think that might have made people less eager to DISCUSS the matter around Happy Valley,,,,�,,,,,,,,,,�LET'S PICK PATERNO BACK UP OUT OF THE DUST, SAVE OUR ICON AND GIVE THOSE ABUSED CHILDREN PENN STATE UNIVERSITY�,,,THEY DESERVE THE DEED, and that's still not enough,,,,�,,,,,,,,,,�,,
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09:23 PM on 11/20/2011
Your title, �bum rap�, is downgradin�g.
Aiding and abetting is a criminal infraction�. All those years Joe Paterno kept his silence. �Heroic�? You say �His extraordin�ary contributi�ons to the school -- both on the field and off -- should have been weighed in the balance��.
I am on the side that �his mistake was so serious that it trumps his victories on the Grid Iron�.

�Sins committed in the name of a higher good, can smell and look like lilies. But they flank a coffin. Lying dead and stiff inside that box is natural Justice ... Simple Justice is what each of us owes the other in an unconditio�nal debt. We cannot violate that Justice in pursuit of Faith, Hope, or Charity.�
Can the Theologica�l Virtues Eat the Natural Ones? John Zmirak - April
28, 2010
No one can be allowed to violate that Justice �in pursuit of �legacy, heroism, a football program, or extraordin�ary contributi�ons to�, .
Sorry, not a lifetime of heroism can whitewash the spectre of a child being abandoned and savagely abused while one pursues his immortalit�y.
By the way Mr. Criminal and civil lawyer, THIS IS NOT A DEBATE: IT IS A CRIME WAITING TO BE TRIED BY THE LEGAL SYSTEM. The lesser said until the courts do their work, the better. Maybe your Legal Ethics class should have discussed whether it is ethical for you as a lawyer to engage in debating cases still awaiting prosecutio�n�
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AAHewetson
Intelligence is just fine with me
10:27 AM on 11/21/2011
I'm not even sure that Dershowitz has his law right. I was under the belief, perhaps mistaken, that if a person was aware of an ongoing felonious act he was either obliged, by law, to report it and failure to report the ongoing felonious activity was, as you state, considered aiding and abetting.

Pedophiles don't stop at one and even so sheltered a person as Paterno should have been aware of that and realized that Sandusky would rape more children.
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08:47 PM on 11/20/2011
Even if you give Paterno the benefit of the doubt and accept everything he has said, he is getting the rap he deserves. He knew some kind of sexual abuse happened in the shower. He had to know some kind of cover up was going on, since he knew nothing was really being done about Sandusky.
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08:58 PM on 11/20/2011
YOU ASSUME he knew.... for all WE knew Paterno could have been told the incident was investigat�e and found to baseless..�. So again I say you ASSUME and you know what that means....
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01:04 AM on 11/21/2011
If they had investigat�ed it, the police would have talked to Paterno and other people involved. Sandusky also would nave have been free to come around campus.
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01:16 AM on 11/21/2011
And yet he promoted the witness to be his recruiting coordinato�r. Strange thing to do if you thought that person was lying about something that important.
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07:56 PM on 11/20/2011
The test of the morality of a society is what it does for its children.
~Dietrich Bonhoeffer
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wetcoastm
Free Speech As Dictated By Our Sponsors
06:44 PM on 11/20/2011
We are not talking about a misappropr�iation of funds here we are talking about child rape allegation�s. He has written his own legacy.
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08:39 PM on 11/20/2011
And Joe Pa didn't even witness the alleged child rape.... we don't know if he knew anymore that what McQuery told him...
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11:58 PM on 11/20/2011
hahahahaha�, and what McQuery told him wasn't enough to go ballistic? gimme a break
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10:04 AM on 11/21/2011
Penn St. Alumnus huh?
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10:43 AM on 11/20/2011
alan is hustling for work again
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Paris215
Be the change you want to see
09:36 AM on 11/20/2011
"All this is clear with the benefit of hindsight. But from the perspectiv�e of events as they unfolded, it is asking a lot of a football coach, even one as revered as Paterno, to have served as the primary or exclusive guardian of the morals of Penn State."
I beg to differ: This is why it should not be about the 'instituti�on" but your own personal morality & integrity, this is when the right decisions are more easily made. When we look to 'instituti�ons' for our moral guidance.. this is when we are in real trouble..
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03:35 PM on 11/21/2011
I agree. Moreover, no one has asked Paterno to be the university�'s moral guardian. I ask only that he had stood up for a 10-year-ol�d just once.
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Paris215
Be the change you want to see
09:27 AM on 11/20/2011
This is a simple case of 'winning' at any cost. The decision made by Paterno is not one of a simple one time error of judgement, but a wrong decision, probably a sequence of bad decisions, that finally came to light. It spans years and years. Plenty of time to reflect about doing the right thing. He and many others were willing to sweep under the rug, the poor (black) young boys who were already 'at risk', with total disregard. It should be a lesson to all about 'winning' at all costs. It is just not worth sacrificin�g your moral integrity. End of story. When in a position of power as he was, the stakes are even higher, but the costs of loss of moral judgement in the end are the same for us all.
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Jamal Spencer
just me being myself
08:17 AM on 11/20/2011
Even though I agree with the firing of Joe Paterno, I also wanted the board of trustees,t�he school President(�who was fired) and the Athletic Director(w�ho was fired) to be fired as well. I also didn't like the way Paterno was fired by giving him a letter,wai�t 15 minutes,th�en call the number,the�n have a trustee member tell him that he was relieved of his duties is classless for someone who did give back to the University�. What I hope for is that the truth will come out and justice will be served.
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AAHewetson
Intelligence is just fine with me
10:30 AM on 11/21/2011
Thank you for your post, Jamal Spencer - fanned. It is nice to see somebody who agrees with me that folk higher on the ladder should have been penalized as well. It would also be nice to see some of these folk forced to turn over some of their vast wealth to provide shelter and psychologi�cal care for victims of pedophiles�.
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11:23 AM on 11/21/2011
You are right; there are no winners here.
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MyTake
Release the Hydrogen Economy now!
12:35 AM on 11/20/2011
Well, if Paterno had retired when he was 50 and then studied law at Harvard, he would not have been confronted with this situation.

Leaving people in the same position over long periods of time leads to these types of horror stories.

The Prof should have asked his law class if The Franklin Cover-Up child prostituti�on scandal, that reached right inside Washington�, was connected to Sandusky's operation! That would have kept the class there through the night discussing that issue.

The Prof would have done better in calling for laws that empowers the government to charge everyone with aiding and abetting the commission of a criminal offense who were found to have either witnessed or been recipient of a report of a criminal offense and that includes defense lawyers as well.

--There are no perfect heroes in real life, just flawed human beings who should be judged on the totality of their merits and demerits--

You mean "flawed human animals" didn't you. After all, if you run a predatory vertical scale society, then all of the judges and lawyers are FLAWED as well.
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10:55 AM on 11/21/2011
Many of your points are well taken..

But I must disagree strongly in your call for sweeping "aiding and abetting" laws ....

I would point out that "conspirac�y" statutes are ALREADY subject to widespread abuse...

Unscrupulo�us prosecutor�s are positively DRUNK on sweeping new powers afforded to those who decide WHO to charge....�and with WHAT....ca�used by the proliferat�ion of "mandatory minimums".�..."three strikes" and the like.

Without offense...�.your ideas about criminal justice suggest you would prefer a "security state" without habeus corpus (but including torture & summary execution.�...always handy investigat�ive tools!)...�....
Try North Korea or China ....where it is more or less the DUTY of a "defense lawer" to help the state gather evidence and convict the defendant.

We're already headed in that direction too fast for my taste

Regards
tm
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11:02 PM on 11/19/2011
If JoePa was fired does he keep his pension? 500,000 per year apparently
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05:46 AM on 11/20/2011
He probably doesn't need the 500k per year, considerin�g all the other perks he has chalked up like this Joe Paterno "Linebacke�rs" video featuring Sandusky (which appears to be the video mentioned in the grand jury report):
http://www�.tmz.com/2�011/11/19/�joe-patern�o-video-je�rry-sandus�ky-linebac�ker/#.TsjZ�gsMr2Sp
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01:38 PM on 11/20/2011
I'm not so concerned if he needs it....just curious if he's allowed to keep it as he was fired. Thanx for your thoughts..
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12:36 AM on 11/22/2011
He's on the PA State Employee Retirement System (SERS)

The formula for full retirement benefits is 2.5% x years of service x average earnings for 3 highest years not to exceed 100% of high 3 year average.

That's with 5% of gross salary employee contributi�on and 9.25% employer contributi�on.

I'm not aware of any way you lose SERS retirement benefit since it is employee contribute�d, at a bare minimum he would receive all of his contributi�ons back plus 4% annual accrued interest.
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01:27 AM on 11/22/2011
Great response..�.thanx for taking the time....
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10:35 PM on 11/19/2011
What about his human obligation

 

 

 

 

 

Candice Lightner

TRAITOR McCain

jewn McCain

ASSASSIN of JFK, Patton, many other Whites

killed 264 MILLION Christians in WWII

killed 64 million Christians in Russia

left 350 firemen behind to die in WTC

holocaust denier extraordinaire--denying the Armenian holocaust

millions dead in the Middle East

tens of millions of dead Christians

LOST $1.2 TRILLION in Pentagon
spearheaded torture & sodomy of all non-jews
millions dead in Iraq

42 dead, mass murderer Goldman LOVED by jews

serial killer of 13 Christians

the REAL terrorists--not a single one is an Arab

serial killers are all jews

framed Christians for anti-semitism, got caught

legally insane debarred lawyer CENSORED free speech

mother of all fnazis, certified mentally ill

10,000 Whites DEAD from one jew LIE

moser HATED by jews: he followed the law

f.ck Jesus--from a "news" person!!

1000 fold the child of perdition


























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