Couple few things…
Conservatives have a beef these days with how Title IX is a subversion of due process in campus harassment cases. Now, it’s not like “conservatives” are using the U’s example to elevate that point (thank God…). Rather, there’s a group of people sympathetic to the Gophers who are appropriating the conservative argument about Title IX at their moment of convenience here. You fellas there, local jocksniffers, the U can suspend / expel these Gophers on a code of conduct violation. Has nothing to do with Title IX and its subversion of “due process”. So go now, and get on with your lives.
Mike Freeman’s understanding of prosecutorial discretion comes into question again. Apparently, he thinks 90 seconds of phone video will be exculpatory to the players here such that it will nullify hundreds of hours of what are essentially deposed interviews, and make it a she said / he he he he he he he he he he said that Freeman doesn’t think he can win.
The casual observer of the justice system understands the weighing of various pragmatics that goes on as prosecutors decide what to charge. Properly expressed, this pragmatic has to do with resource allocation vs what can / should be pursued in the interest of justice. Which is to say, what’s ‘winnable’ at trial vs what’s not should not be THE consideration, and that some things not ‘winnable’, perhaps like this, should be taken to trial because it’s the process that is the justice, not the result.
So Freeman ought to be taking this to trial. So what’s the deal, is Freeman a misogynist? A jock sniffer? It’s worth mentioning, the Hennepin County attorney’s office undertook a Gopher gang bang rape trial 7-8-9 years ago, and they lost it to superlawyer defense attorney Earl Gray (… who is Ofc Geronimo Yanez’ attorney for his manslaughter trial of Philando Castile…).
Gray’s argument at the time, if I can paraphrase, was “but but but she was enjoying it….”
Somehow I think a 2017 Hennepin County prosecutor ought to be able to defeat that argument.