https://www.lansingstatejournal.com...assar-investigation-search-warrant/719912002/
It has more details than the Detroit New article posted earlier (that thread appears to have been deleted). A few things (including Brian Breslin telling other trustees to copy lawyers on email correspondence so attorney-client privilege could be invoked):
Forsyth told Young in a June 15 letter that he also will request a judge or an appointed third party to review the documents and determine what is protected by attorney client privilege and work product doctrine.
Forsyth wrote that Young, who served 18 years on the state Supreme Court, took the position that it's "shameful" to request a waiver of privilege due to "a lack of familiarity with the criminal investigatory process."
In the final letter of the exchange, Forsyth told Young he will be seeking a search warrant.
"I must be sure that the University is not improperly shielding documents from the investigation under the guise of privilege," Forsyth wrote. "...(T)here are emails between William Strampel and Larry Nassar that have been identified as 'attorney-client privileged,' despite not having an attorney included on the email."
"Furthermore," Forsyth wrote, "our concern that MSU might be improperly withholding information was heightened by an email produced by the University from Chairperson (Brian) Breslin to his fellow Trustees discussing non-privileged information and directing them to copy legal counsel on their response in order to 'protect client privilege.'"
Over the course of the correspondence, April 11 to June 15, MSU's Privilege Log that tracks documents it is withholding from the AG's investigators increased from 26 pages to nearly 200 pages and 1,500 emails, "many of which involve key persons of interest in our investigation," Forsyth wrote in his final letter.
In his first letter, Forsyth had noted that it appeared the university "decided to assert privilege and withhold or redact emails sent to or from" Nassar.
Forsyth, in a May 24 letter to Young, said MSU sent "tens of thousands" of "obviously" irrelevant documents, including the "Bed Bug Management-Infection Control Policy."
It has more details than the Detroit New article posted earlier (that thread appears to have been deleted). A few things (including Brian Breslin telling other trustees to copy lawyers on email correspondence so attorney-client privilege could be invoked):
Forsyth told Young in a June 15 letter that he also will request a judge or an appointed third party to review the documents and determine what is protected by attorney client privilege and work product doctrine.
Forsyth wrote that Young, who served 18 years on the state Supreme Court, took the position that it's "shameful" to request a waiver of privilege due to "a lack of familiarity with the criminal investigatory process."
In the final letter of the exchange, Forsyth told Young he will be seeking a search warrant.
"I must be sure that the University is not improperly shielding documents from the investigation under the guise of privilege," Forsyth wrote. "...(T)here are emails between William Strampel and Larry Nassar that have been identified as 'attorney-client privileged,' despite not having an attorney included on the email."
"Furthermore," Forsyth wrote, "our concern that MSU might be improperly withholding information was heightened by an email produced by the University from Chairperson (Brian) Breslin to his fellow Trustees discussing non-privileged information and directing them to copy legal counsel on their response in order to 'protect client privilege.'"
Over the course of the correspondence, April 11 to June 15, MSU's Privilege Log that tracks documents it is withholding from the AG's investigators increased from 26 pages to nearly 200 pages and 1,500 emails, "many of which involve key persons of interest in our investigation," Forsyth wrote in his final letter.
In his first letter, Forsyth had noted that it appeared the university "decided to assert privilege and withhold or redact emails sent to or from" Nassar.
Forsyth, in a May 24 letter to Young, said MSU sent "tens of thousands" of "obviously" irrelevant documents, including the "Bed Bug Management-Infection Control Policy."
