Michigan Attorney General Dana Nessel has officially closed the long-running investigation into Michigan State University’s handling of the Larry Nassar sexual abuse case, citing a lack of new information in recently released documents that the university had withheld for years, she revealed in a report released Wednesday.
Despite MSU’s eventual decision to release the documents in December 2023, Nessel expressed frustration and disappointment that the records provided no new insights into how Nassar was able to perpetrate his abuse for so long.
“MSU has repeatedly justified withholding the documents because they contained information that was allegedly protected by the attorney-client privilege,” the report states. “Our review has revealed that this justification was not always appropriate. A significant number, if not a majority, of the documents did not appear to us to be covered by the privilege. Accordingly, there was no justifiable reason to withhold those documents for any period of time, let alone an extended period.”
The investigation, originally launched in January 2018 by former Attorney General Bill Schuette, was hindered by MSU’s refusal to release thousands of documents, claiming they were protected by attorney-client privilege. This refusal persisted despite a judicially authorized search warrant and numerous requests from the Attorney General’s Office. As a result, the investigation was forced to close in March 2021 due to MSU’s lack of cooperation.
However, in April 2023, with new leadership in place at MSU, Nessel renewed her request for the release of the withheld documents. Yet, the university’s leadership continued to resist, delaying any action until December 2023, when the MSU Board of Trustees finally voted to release the records. Nessel’s office received the first batch in March 2024, with the final batch arriving in April 2024.
The review of the 6,014 documents revealed that a significant portion of them were not, in fact, protected by attorney-client privilege, as MSU had claimed, Nessel said. Many documents contained irrelevant information, such as public relations matters, insurance issues, and internal communications unrelated to Nassar’s abuse. Even the documents that did contain privileged information offered no new insights into who at MSU knew about Nassar’s abuse or when they knew it, the attorney general said
Nessel noted that some documents were improperly withheld, including communications between non-attorneys and instances where an attorney was merely copied on an email. Inconsistencies in the redaction of documents also raised concerns about MSU’s handling of the privilege. Despite this, the review found no evidence of a concerted effort to cover up knowledge of Nassar’s conduct, according to Nessel.
The Attorney General’s Office expressed particularly concern over the impact of MSU’s prolonged withholding of the documents. Survivors of Nassar’s abuse had hoped that the release of these documents would provide answers and accountability. Instead, the long delay only resulted in disappointment and frustration.
“This is a disappointing close to our years-long investigation into the abuse that hundreds of young women were subjected to over the course of more than a decade,” Nessel said in a statement. “While I appreciate that MSU eventually cooperated, the withheld documents provided victims with a sense of false hope, for no justifiable reason. Simply put, there remains no fulfilling answer to the question of how this abuse was able to be perpetuated on so many, for so long, without MSU, or anyone else, putting a stop to it”.
While the eventual release of the documents was a positive step toward transparency, Nessel criticized MSU for its years of delay, which only served to exacerbate the emotional toll on survivors and hinder the investigation. The final closure of the investigation marks the end of an “epic document saga,” leaving many questions unanswered and reinforcing the perception that MSU “circled the wagons” and “stonewalled” the investigation it had initially requested, the report states.
According to the report, the investigation’s conclusion brings to a close another chapter in the ongoing saga of the Nassar scandal, but it leaves behind a legacy of missed opportunities for justice and accountability.
In a statement to the victims, Nessel said the following:
“I commend you for your bravery in coming forward and sharing your stories, and for never giving up on the pursuit of justice and transparency.
“While the investigation is closed, this is not where this story ends. You have created a sisterhood that has worked together to create systemic changes, not just here in Michigan, but nationwide to ensure that schools are better prepared to prevent, investigate and stop abuse, to ensure that survivors are believed, and treated better in the judicial system and to change the culture in how sexual assault is seen by the public at large.
“Your advocacy, resilience and your strength have left this world a better place. And while this may not be the justice you sought; I do believe the changes in how we treat sexual abuse on campuses and in courtrooms alike is a form of justice that will impact generations to come all across the nation.”
