Governor's frivolous lawsuit a setback to Penn State

There have been a lot of embarrassing days for the Commonwealth of Pennsylvania, and, by association, Penn State, but Wednesday was the worst of all.

After months of trying to heal from the most horrifying scandal and cover-up in the history of American colleges and universities, Pennsylvania Gov. Tom Corbett undid a year's worth of goodwill by announcing in a bizarrely timed news conference that the state is suing the NCAA to overturn the strong Jerry Sandusky scandal sanctions Corbett himself welcomed less than six months ago.

Has no one in Pennsylvania learned anything over the past 14 months, since the news of the Sandusky horrors broke?

Corbett and any other state leader who participated in what at times sounded like the pleadings of the paranoid Wednesday morning proved once and for all that their stunning obsession with Penn State football – an obsession that led to the Penn State cover-up that led to more young boys being raped by Sandusky -- still controls the state.

The crux of Corbett's case is that the unprecedented NCAA sanctions were "overreaching and unlawful" and an "attack" on the economy of the state.

But, on July 23, 2012, Corbett welcomed the NCAA sanctions, saying, "The appalling actions of a few people have brought us once again into the national spotlight. We have taken a monster off the streets and while we will never be able to repair the injury done to these children, we must repair the damage to this university. Part of that corrective process is to accept the serious penalties imposed by the NCAA on Penn State University and its football program."

So which one is it, Governor? This couldn't have anything to do with trying to convince football coach Bill O'Brien to stay at Penn State and not bolt to the NFL, could it? (Although, after that performance Wednesday, one would think O'Brien would know that ripping the scab off the terrible wounds at Penn State is the last thing that will encourage already wary recruits to commit.)

It's not a coincidence that the announcement was made Wednesday, right after the New Year's Day bowl games. Corbett said he "didn't want to file during football season to take away from the team's momentum."

He actually said those words. Something this vitally important had to wait for the football season to end? If this weren't such a serious topic, if this weren't so pathetic and appalling, it would be laughable. Who is running this state, Barney Fife?

The fact that Corbett has the audacity to say these things with a straight face is mind-boggling. One could even ask why he's still the governor, because his actions – inaction, actually – played an integral part in the entire, horrifying Sandusky saga. Corbett was the attorney general when his office took over the Sandusky case in early 2009. As we know now, even then, there was plenty of graphic and stunning testimony from at least one young man, then known as Victim No. 1, not to mention the story of another victim that had been covered up for 10 years.

Yet it took Corbett's state prosecutors nearly three years to charge Sandusky.

Nearly three years.

During that time, Corbett, a Republican, was running for governor, and it is certainly worth wondering if his lack of action might have been caused by his concern for his campaign rather than the children of Pennsylvania.

Corbett's behavior has drawn the attention of state Attorney General-elect Kathleen Kane, who is scheduled to be sworn in Jan. 15. Kane, a Democrat, ran on a pledge to investigate why it took Corbett and Co. all that time to charge Sandusky.

James Schultz, the commonwealth's general counsel, said Kane was not in on the planning of the NCAA suit, but added that he was going to fill her in on the details later. That's certain to be a fascinating conversation. News reporters peppered him with even more questions on the timing of the suit, and why the incoming attorney general wasn't involved.

Schultz went through all kinds of verbal gymnastics at the news conference. He tried to explain that the NCAA sanctions were hurting the mom-and-pop businesses in the state, but when pressed repeatedly by journalists about how that was possible since Penn State is still playing a full regular season of games, but can't go to bowl games (which would be outside the state anyway), he said we'll all hear more about that later.

A whole host of moms and pops were assembled behind him, presumably ready to give news reporters information about how the NCAA had specifically hurt them, but when the journalists asked to hear from them, they promptly walked away.

Not long after the news conference, the NCAA responded forcefully and appropriately.

"We are disappointed by the Governor's action (Wednesday)," said Donald M. Remy, NCAA Executive Vice President and General Counsel. "Not only does this forthcoming lawsuit appear to be without merit, it is an affront to all of the victims in this tragedy -- lives that were destroyed by the criminal actions of Jerry Sandusky. While the innocence that was stolen can never be restored, Penn State has accepted the consequences for its role and the role of its employees and is moving forward. (Wednesday's) announcement by the Governor is a setback to the University's efforts."

Penn State itself issued a statement as well, saying it is not a party to Corbett's lawsuit and has not been involved in its preparation or filing.

That was the first intelligent thing said in Pennsylvania on this incredibly embarrassing day.