Biden’s Judicial Nom Allows Penn State President to Escape Sandusky Rape Allegations.

An appeals court reversed ⁣Karoline​ Mehalchick’s decision and criticized her legal argument

The Judge Who ‌Stood Up for a Disgraced ​President

The judge who bravely vacated‌ the conviction of the disgraced former⁢ president of Penn​ State University, after he was found ​guilty​ of covering up Jerry Sandusky’s sexual abuse of ‌minors,​ could soon get a promotion.

Senate Democrats ⁣are eagerly ‍preparing to confirm Karoline Mehalchick to the Middle District of ⁤Pennsylvania on Thursday. Mehalchick, a‌ magistrate judge in the state, has gained attention for her contentious rulings, with at least 31 decisions being​ reversed in less than a decade⁢ on the bench.

But it was her 2019 decision that‌ caused‍ the most controversy. Mehalchick controversially let then-Penn State president Graham Spanier off on a technicality, ⁣despite​ a jury⁢ finding him guilty⁢ of child endangerment in 2017. She ruled‍ that prosecutors had misapplied the child⁢ endangerment‌ statute ​to ​Spanier, who failed to notify ​police in ⁢2001 when Sandusky, then-Penn⁣ State’s assistant football coach, raped ⁣a child on campus.

Mehalchick’s ruling allowed ‍Spanier to walk free for over a year, until an ⁣appeals ‌court reinstated his original sentence. ⁣Meanwhile, ⁢Sandusky was⁢ convicted in 2012 of 45 counts of child sexual abuse and sentenced to up ​to 60 years in prison.

Mehalchick, who has the vocal support ⁤of Pennsylvania’s‍ Democratic senators Bob Casey and John Fetterman, is⁣ the latest in a string of President Joe Biden’s controversial judicial picks.​ The​ White House was forced to withdraw the nomination of Michael Delaney for‌ a ‍New Hampshire ⁤judicial slot after ‌Democratic concerns ⁢over his previous work defending an ‌elite boarding school against an underage⁢ sexual assault victim.

Neither Casey nor the White House responded to a request for comment. However, a spokesman ⁤for Fetterman affirmed the ​Senator’s unwavering support‌ for ⁢Mehalchick.

A Controversial Ruling Revisited

An appeals court unanimously reinstated Spanier’s two-month sentence in⁣ December 2020, but ⁢not before ‌the panel of three​ judges chastised ​Mehalchick ​for her decision. ⁤According to their opinion,⁤ Mehalchick did not “examine … [the law] ⁤closely.”⁣ The judges also ​implied that she willfully⁢ left out other‌ case law that ​would have voided her argument for letting Spanier off.

Then-attorney general Josh Shapiro (D.), who​ is now Pennsylvania’s governor, applauded⁤ the ⁢appellate court’s decision. “No ⁣one ⁣is⁣ above the law, especially when it comes to the welfare of ⁣children,” ‌he said.

“Spanier turned a blind‍ eye⁢ to child abuse by​ not reporting his knowledge⁢ of Jerry Sandusky’s assaults to law enforcement,” Shapiro continued in⁢ a statement. “Let it be known—if you hurt kids or cover up child abuse—my office will⁣ act and you will be held accountable.”

Michael Gillum, the psychiatrist for one of Sandusky’s victims, ‍told the Washington Free Beacon that‌ his client “would ‌have⁤ never been raped” had Spanier informed authorities of Sandusky’s crimes in 2001.

“All ‍the Penn State conspirators actively covered up and failed to report horrific⁢ child abuse,” Gillum said. “They are indirectly ⁤responsible for hundreds of counts of the rape of children that‌ occurred after they had the knowledge of what Sandusky was doing.

Controversy Surrounding Mehalchick’s Nomination

Republicans⁣ have ‌strongly criticized Mehalchick ‍for her handling ‍of the Spanier case during a Senate Judiciary Committee ⁢hearing last month. Sen. Ted Cruz (R., Texas) said Mehalchick’s nomination was part of⁣ a “repeated pattern of showing excessive⁤ leniency to ​criminals.” Sen. Marsha Blackburn ⁤(R., Tenn.) said Mehalchick’s ⁢ruling “comes across as a ​lack of respect for children and the rule ⁤of law.”