I recently asked Dr. Asher Lipner whether he would have handled the Elon case differently. Below is his reply which he has given me permission to publish.
Dr. Lipner wrote:
I would have publicized it as soon as I knew there was Ragalyaim Ladavar and avoided two things.
1. Elon's ability to hurt more people.
2.The Chillul Hashem of people seeing that Orthodox Jews prefer to cover up their mistakes rather than protect people. Not only do they not care about others....they don't even care about their own children. Like a police officer in Baltimore said "Jewish parents are worse than Catholics. They protect their rabbis rather than their own children." We are back to the times of Aycha where "the hands of righteous women cooked their own children."
Secondly, if, bedieved, I had screwed it up, I certainly would not BRAG about it the way Rabbi Lichtenstien did, saying that "our first most important priority was to keep it quiet and protect the reputation of the alleged sinner". First of all, I'm not sure why this is a priority at all, other than the real reason that all rabbis want to protect the image of other rabbis because it protects their own power. Secondly, it certainly is not the first priority of a civilized people, especially ones who are commanded by their G-d to protect innocent people, save lives, love neighbors, heal the sick, stop sin, pursue justice, speak the truth, etc.
Let's make this simple: Hillel said that you should not do to others what you don't want them to do to you. That's the WHOLE Torah. If the Takana gang had family members who were going to Elon over the past four years for "private counseling" (no matter where he had been 'banished' to) would they have allowed that to go on undeterred? I think not. I suspect that they would warn their own friends and family to stay far, far away. How could it be then that these "Torah observant" Jews, refrained from warning OTHER people's friends and family's? The letter published by one mother of a victim full of shock and pain was enough for anyone with an ounce of compassion to realize the travesty that was done in Israel. Rabbi Lichtenstien actually cried publicly about what? About his mistake? About the people who were traumatized? Nope. About the fact that he was forced to do a mitzvah! That he had to stop the rasha and protect innocent people.He should have been making a seudas hoda'a that he had such a zchus. The Torah, once again, has been distorted, twisted and bastardized into some form of Avoda Zara that is cruel and inhuman. What is practiced today is barbaric. It is not Judaism. It is a much more dangerous thing than Reform or Conservative Judaism which do not claim to be the mesorah.
On the positive side, at least Takana did eventually admit the truth because it was about to be exposed by the secular press. This shows they still maintain a degree of "busha" one of the three midos that define a Jew. There is therefore some hope for the Modern Orthodox to get back on track, learn from this fiasco and not let it happen again. The Agudah Gedolim on the other hand....not so much. They have no busha left. None. They will never admit they goofed with Tropper. I told Rabbi H. that "Daas Torah means never having to say you're sorry." He corrected me. "Daas Torah means you never did anything wrong to begin with."