Harvard Vice President and General Counsel Robert W. Iuliano has written Institutional Investor magazine to stress something he feels David McClintick’s article on the Shleifer scandal did not make clear: that Larry Summers recused himself from Harvard’s handling of the scandal “from the outset of his presidency at Harvard.”

According to the Crimson, “the letter also says Summers did not participate in ‘judgements regarding whether, when or how Harvard should review the conduct of employees involved in the HIID project.'”

Without having read the letter, which the Crimson only excerpts, I don’t want to say that Iuliano is wrong. And of course he’s a very sharp and ethical guy, so I’m sure that what he’s saying is legally accurate.

But from what I hear, Iuliano is being misleading at best. My sources say that Larry Summers was constantly talking with Andrei Shleifer, discussing Shleifer’s legal problems, from at least the time that Summers became known as a candidate for the presidency of Harvard. Shleifer—one of Summers’ biggest advocates for the presidency—was apparently confident that, as president, Summers could and would make Harvard adopt a legal strategy supportive of Shleifer. Those conversations did not stop after Summers was named president.

Note, of course, that Iuliano writes that Summers recused himself “from the outset of his presidency at Harvard.” That is interesting language. What exactly does “outset” mean? Does it mean when he was first named president, in March of that year? Or when he was legally named president, in July? Or when he was sworn in, in October 2001? Or just some time roughly around when Larry Summers started his presidency. Who knows?

“Outset” is a useful term because it sounds specific on first reading, and on closer consideration it reveals itself to be so vague as to be virtually meaningless…and in my dealings with lawyers, it’s my impression that vagueness is not unintentional.

Here’s an interesting question that Iuliano doesn’t raise: What connection did Larry Summers’ friendship with Andrei Shleifer have to do with the ouster of Harvard general counsel Ann Taylor (Iuliano’s predecessor) in June 2002?

Did Andrei Shleifer ever urge Larry Summers to fire Taylor as a precursor to changing Harvard’s legal strategy? Did Summers ever discuss with Shleifer the best way to force Taylor out? And wouldn’t firing the architect of Harvard’s legal strategy be considered involving oneself with the legal disposition of the Shleifer scandal?

(And if so, should not Iuliano recuse himself from any involvement in or comment upon the Shleifer scandal, given that Taylor’s departure resulted in his promotion?)

If the alumni class action lawsuit ever gets the chance to happen, these would be interesting questions to ask Larry Summers while he is under oath.

Because ostensibly that would keep him from lying.

The Shleifer scandal is ugly business…but sooner or later, the truth will come out. And Harvard will be be better off for it.

Veritas. Right?