After spending years of his life sexually abusing boys entrusted into his care, Jerry Sandusky will likely spend the rest of his life as a prison inmate.
On October 9, 2012, a Pennsylvania judge sentenced the 68-year-old former Penn State assistant football coach to at least 30 years in prison. And he may spend as many as 60 years behind bars.
Following his conviction on June 22, 2012, he had faced a maximum of 400 years’ imprisonment for his sexual abuse of 10 boys over a 15-year period.
Jerry Sandusky (middle) in police custody
After the sentencing decision was announced, Penn State University President Rodney Erickson released a statement:
“Our thoughts today, as they have been for the last year, go out to the victims of Jerry Sandusky’s abuse.
“While today’s sentence cannot erase what has happened, hopefully it will provide comfort to those affected by these horrible events and help them continue down the road to recovery.”
No doubt Erickson–and the rest of Penn State–waned to move on from this shameful page in the university’s history. And the university desperately tried to sweep the sordid scandal out of sight of the ticket-paying public–-and of history.
Among the steps it took:
- Firing Joe Paterno, the legendary head football coach who had led Penn State to a staggering 112 victories;
- Ousting Graham Spanier, the university’s longtime president; and
- Removing the iconic statue of Paterno–long held in worshipful esteem by almost everyone at the football-obsessed institution.
So what remains to be learned from this sordid affair?
A great deal, it turns out.
To begin at the beginning:
In 2002, assistant coach Mike McQueary, then a Penn State graduate assistant, walked in on Sandusky anally raping a 10-year-old boy. The next day, McQueary reported the incident to head coach Joe Paterno.
“You did what you had to do,” said Paterno. “It is my job now to figure out what we want to do.”
Joe Paterno
Paterno’s idea of “what we want to do” consisted of reporting the incident to three other top Penn State officials:
Their idea of “what we want to do” was to close ranks around Sandusky and engage in a diabolical “code of silence.”
As former FBI Director Louis J. Freeh summed up in an internal investigative report compiled at the request of Penn State and released on July 12, 2012:
“Four of the most powerful people at the Pennsylvania State University–-President Graham B. Spanier, Senior Vice President-Finance and Business Gary C. Schultz, Athletic Director Timothy M. Curley and Head Football Coach Joseph V. Paterno–-failed to protect against a child sexual predator harming children for over a decade.
“These men concealed Sandusky’s activities from the board of trustees, the university community and authorities.

Louis J. Freeh
“They exhibited a striking lack of empathy for Sandusky’s victims by failing to inquire as to their safety and well-being, especially by not attempting to determine the identity of the child who Sandusky assaulted in the Lasch Building in 2001.
“… In order to avoid the consequences of bad publicity, the most powerful leaders at the University….repeatedly concealed critical facts relating to Sandusky’s child abuse from the authorities, the University’s Board of Trustees, the Penn State community, and the public at large.
“The avoidance of the consequences of bad publicity is the most significant, but not the only, cause for this failure to protect child victims and report to authorities.”
If there is a fundamental truth to be learned from this sordid affair, it is this:
The first rule of any and every bureaucracy is: Above all else, the institution must be protected.
And this holds true:
- At the level of local / state / Federal government;
- For-profit organizations;
- Non-profit organizations; or
- Religious institutions
During the 48-year reign of FBI Director J. Edgar Hoover, agents had their own version of this: Do not embarrass the Bureau.
Those who did were fired ot shipped to Hoover’s version of Siberia: A posting in remote Butte, Montana.
Within the Catholic Church, countless Catholic priests abusing young boys entrusted to their protection were repeatedly protected by their high-ranking superiors.
In private industry, whistleblowers who report rampant safety violations in nuclear power plants are often ignored by the very regulatory agencies the public counts on to prevent catastrophic accidents.
Imperfect institutions staffed by perfect men obsessed with power, money and fame–-and fearful of losing one or all of these–-can never be expected to act otherwise.
And those who do expect ordinary mortals to behave like extraordinary saints will be forever disappointed.
So how can we at least minimize such outrages in the future?
“Eternal vigilance is the price of freedom,” warned Thomas Jefferson. And it remains as true today as it did more than 200 years ago.
Add to this the more recent adage: “Sunlight is the best disinfectant.”
The more we know about how our institutions actually work–-as opposed to how they want us to believe they work–-the more chance we have to control their behavior.
And to check their abuses when they occur.
Which they will.





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THE CASEY DOCTRINE: MINIMUM COMPLIANCE
In Politics, Bureaucracy, History, Social commentary, Law Enforcement, Law, Business on July 24, 2015 at 12:24 pmWhen William J. Casey was a young attorney during the Great Depression, he learned an important lesson.
Jobs were hard to come by, so Casey thought himself lucky to land one at the Tax Research Institute of America in New York.
His task was to closely read New Deal legislation and write reports explaining it to corporate chieftains.
At first, he thought they wanted detailed legal commentary on the meaning of the new legislation.
But then he quickly learned a blunt truth: Businessmen neither understood nor welcomed Franklin D. Roosevelt’s efforts to reform American capitalism. And they didn’t want legal commentary.
Instead, they wanted to know: “What must we do to achieve minimum compliance with the law?”
In short: How do we get by FDR’s new programs?
Fifty years later, Casey would bring a similar mindset to his duties as director of the Central Intelligence Agency for President Ronald Reagan.
William J. Casey
Congress had banned the Reagan administration from funding the “Contras,” the Right-wing death squads of Nicaragua.
Casey gave lip service to the demands of Congress. But privately, he and Marine Lieutenant Colonel Oliver North set up an “off-the-shelf” operation to overthrow the leftist government of Daniel Ortega.
For three years the operation stayed secret. Then it blew up in November, 1986, as the Iran-Contra scandal.
But the “Casey Doctrine” of minimum compliance didn’t die with Casey (who expired of a brain tumor in 1987).
It’s very much alive among the American business community as President Barack Obama seeks to give medical coverage to all Americans, and not simply the ultra-wealthy.
The single most important provision of the Affordable Care Act (ACA)–-better known as Obamacare–-requires large businesses to provide insurance to full-time employees who work more than 30 hours a week.
For part-time employees, who work fewer than 30 hours, a company isn’t penalized for failing to provide health insurance coverage.
Obama prides himself on being a tough-minded practitioner of “Chicago politics.” So it’s easy to assume that he took the “Casey Doctrine” into account when he shepherded the ACA through Congress.
But he didn’t.
The result was predictable. And its consequences are daily becoming more clear.
Employers feel motivated to move fulltime workers into part-time positions–-and thus avoid
Some employers have openly shown their contempt for President Obama–-and the idea that employers actually have an obligation to those who make their profits a reality.
The White Castle hamburger chain is considering hiring only part-time workers in the future to escape its obligations under Obamacare.
No less than Jamie Richardson, its vice president, admitted this in an interview.
“If we were to keep our health insurance program exactly like it is with no changes, every forecast we’ve looked at has indicated our costs will go up 24%.”
Richardson claimed the profit per employee in restaurants is only $750 per year. So, as he sees it, giving health insurance to all employees who work over 30 hours isn’t feasible.
Nor is Richardson the only corporate executive determined to shirk his responsibility to his employees.
John Schnatter, CEO of Papa John’s Pizza, has been quoted as saying:
“If Obamacare is in fact not repealed,” Schnatter told Politico, “we will find tactics to shallow out any Obamacare costs and core strategies to pass that cost onto consumers in order to protect our shareholders’ best interests.”
Consider:
Had Obama been the serious student of Realpolitick that he claims to be, he would have predicted that most businesses would seek to avoid compliance with his law.
To counter that, he need only have required all employers to provide insurance coverage for all of their employees—regardless of their fulltime or part-time status.
This, in turn, would have produced two substantial benefits:
The “Casey Doctrine” needs to be kept constantly in mind when reformers try to protect Americans from predatory employers.
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