By John Lindstrom
Publisher
Posted: March 21, 2019 3:27 PM

The easiest line in Shakespeare to remember is not "to be or not to be" but "words, words, words," the reply Hamlet makes to Polonius when asked what the Danish prince is reading.

So much of the argument over former Governor, and former Interim Michigan State University President, John Engler's interview or non-interview with lawyers for Attorney General Dana Nessel is over words, words and words.

Ignore for the moment the larger issues at play in the attorney general's investigation into how MSU handled the sex abuse scandal of Larry Nassar. This skirmish is between lawyers. And a lawyer's weapons are words, how and under what circumstances those words are employed, deployed and in some measure destroyed.

The headlines and commentary over the flap are focused on accusations Mr. Engler wants to lie or that the AG's lawyers have behaved unprofessionally. But the real fight lies in the words traded before the roundhouse rights. They are all polite, sometimes friendly, but also all calculated to land punches and duck others.

Ms. Nessel wants her investigators to interview Mr. Engler. Following discussions/negotiations it was agreed for an interview on Thursday, March 28, in Washington, D.C. Mr. Engler, though he has a home in Michigan, spends much of his time in Washington where he worked heading several associations after leaving office in 2003.

The email trail between Ms. Nessel's project manager for the investigation, Christina Grossi and Mr. Engler's lawyer, Seth Waxman, is a fascinating – for those who are fascinated by such things – lesson in how lawyers write and phrase their writings.

Take the heading on the letter emailed by Mr. Waxman to Ms. Grossi – the one where he said Mr. Engler would not participate in an interview unless Ms. Grossi was recused from the entire investigation because he accused her of inappropriate behavior – saying, "Re: Michigan State University Investigation – John Engler Voluntary Interview."

"Voluntary" interview. Not required, not subpoenaed, voluntary. It is a significant word because it sets the tone, as far as Mr. Waxman is concerned, as to interviewing Mr. Engler at all.

As has been pointed out, primarily by Mr. Engler's supporters, Mr. Engler was hired as the MSU interim president after Nassar was sentenced. He was not at MSU when Nassar committed his abuse. Unless, therefore, he is compelled to be interviewed, his lawyer is making the point Mr. Engler doesn't have to show up.

Reviewing how the pieces have moved on this board, Ms. Grossi agreed. While she persistently raised concerns about holding the interview outside Michigan, at one point she wrote, "I recognize that he is sitting for this interview voluntarily."

Then, in a furious email written at 6:21 a.m. on Tuesday – and, no kidding, nobody should ever write anything serious and determinative at 6:21 in the morning – when she apparently saw Mr. Engler was in Michigan to go to an MSU basketball game, Ms. Grossi wrote that if Mr. Engler "is not going to voluntarily participate…we will explore all legal resources available to secure his interview in Michigan involuntarily."

Which Mr. Waxman immediately parried in his letter, again in the heading and repeatedly in the body where Mr. Engler has "at all times been willing" to meet, never "communicated any unwillingness to do so," and again using the word "voluntarily" throughout.

Which leads us to another set of curious words in this whole affair: Ms. Nessel's statement. She defends Ms. Grossi, as she should because Ms. Grossi is part of her team, and says there's no reason for her to be recused because, pay attention here, "there is no current case nor is she investigating John Engler." Which means….hmm? There is no "current" case, and Ms. Grossi is not "investigating John Engler." Is Ms. Nessel giving Mr. Engler a pass on anything when there is a "current" case?

Finally, Ms. Nessel reminds everyone that Ms. Grossi wasn't actually doing the interview, the chief investigator was, and she holds that out to Mr. Waxman saying Ms. Grossi oversees the investigation, "including but not limited to arranging for our lead investigator to meet with" Mr. Engler.

However this gets resolved, it will be resolved in writing. Watch the words used and ignore the fireworks set off.