There Are Bad Decisions...

...and then there's Power Line's Paul Mirengoff, defending Joe Paterno.  Well, one of his lawyer friends does, at least.

The only evidence of Mr. Paterno’s involvement is a passing reference in an email from [former Athletic Director] Curley to [former university President] Spanier and [former university Vice-President] Schultz that says that Curley “touched base with the coach. Keep us posted.” Freeh Report at 20, 48. A second email from Curley to Schultz that says “Coach is anxious to know where it stands.” Freeh Report at 20, 48. There is no other information about Mr. Paterno’s involvement in the incident. In fact, the Freeh Report does not even establish that the references to “Coach” refer to Joe Paterno. The most it can and does say is that “[t]he reference to Coach is believed to be Paterno.” Freeh Report at 49. The Freeh Report cites no evidence to support this assertion, but even if “Coach” refers to Coach Paterno, what do these emails prove? The answer is: nothing. At most, these emails suggest that Mr. Paterno was concerned and wanted to know whether Sandusky was guilty of any wrongdoing.

Of course, if Mr. Paterno did express concern about the matter, then the question becomes: what did anyone tell him about the allegations and the investigation?

The Freeh Report provides no answer to this question. The Report does not provide any evidence about what Joe Paterno knew about the 1998 allegations against Sandusky. The Report does not provide any evidence about what Mr. Paterno did or said, or what anyone said to Mr. Paterno. Indeed, the Freeh Report suggests that both law enforcement and the University police agreed that nothing improper happened and that the allegations lacked merit. Did anyone tell Joe Paterno about those findings?

OK, at this point, may I say that Joe Paterno, as Jerry Sandusky's manager, had a decade-plus to do something and didn't.  Does that make him legally culpable?  That's arguable, and that's why we have courts of law.  Does it make him the worst head coach in any sport ever?  Pretty gorram much. But by all means, explain your theories to Sandusky's victims and their families.  I'm sure the'll be glad to listen to why Joe Paterno probably didn't break any laws in covering up more than ten years of sexual assault of kids, so it's okay.

Right?