E-Mail from ‘Independent Prosecutor’ Gregory Germain, December 15, 2010

By on December 15, 2010

From: Gregory Germain
Date: Wed, Dec 15, 2010 at 4:55 PM
Subject: RE: FIRE News: Syracuse University Threatens ‘Harassment’ Charges over Satirical Blog; Seeks Gag Order on Alleged Author
To: [Mark Blum], David Ross
Cc: Adam Kissel, [Len Audaer]

Thank you for that opinion Mark.

I am certainly an employee of the University, so I am an agent in that sense.  But I am an independent prosecutor, and am not directed by or answerable to the administration.  I make the decision to prosecute or not myself, and do not consult with the administration about that decision.  That was my point.

Best regards,

– Greg

From: Mark D Blum Esq
Sent: Wednesday, December 15, 2010 4:37 PM
To: [Gregory Germain]; ‘David Ross’
Cc: ’Adam Kissel’; [Len Audaer]

Subject: RE: FIRE News: Syracuse University Threatens ‘Harassment’ Charges over Satirical Blog; Seeks Gag Order on Alleged Author
Importance: High

Folks

I have tried to stay out of this fracas, but I must respectfully disagree with Professor Germain’s reference to himself as “not being a representative of the university”.  Because he is the named faculty prosecutor and is advancing the interests of the College of Law as its agent (he is not prosecuting Len as a private person), the facts support the conclusion that Germain is indeed a representative and agent of the University and its College of Law.

Mark

[contact information and older messages in this thread redacted]

Schools: Syracuse University Cases: Syracuse University: Disciplinary Investigations of Satirical Law School Blog