An analysis of the video of the knee-on-knee hit by Penguins defenseman Brooks Orpik on Derek Stepan late in the third period proves Orpik intended to injure Stepan.
Tort's comments were spot on.
Orpik received a five-minute penalty for kneeing, plus a game misconduct. The game misconduct will result in an automatic review by the league. If you believe Shanahan's public statements about his close analysis of tapes and skate position as a sign of intent, then that review will result in a four game suspension.
If the league does not suspend Orpik, then it's time for a little old time hockey. Regulation by the league has gotten out of hand. If the league will not protect the players, then it's time for the players to protect themselves.