Foggy pls. Follow your argument to it's conclusion. If you think DoPS had the authority and mandate to suspend a player and they didn't, there are only two possible explanations: Either they screwed up, or the hit wasn't illegal. Couple that with the info that Kekalainen was trying to get that hit on the banned list, and well that should push your conclusion in one direction, and one direction only. It's not an illegal hit according to the NHL, and that's the real scandal here.
My argument, to its conclusion, is that they screwed up. There are in their rights to do it, but did not, presumably because the shoulder was contacted but I believe it's in error because the strongest point of impact was clearly the head and very sensibly falls umder the vague "primary point of contact" criteria. This isn't unprecedented either simce they've used that same logic to suspend players in the past. As for the JK quote, he's broadly speaking of blindside hits that expands well past this transgression. He's not speaking about this hit specifically and LeBrun is the only one making this connection.
Put succinctly, my logic follows what I saw, what the rules state, and how inconsistent the DoPS has been. But I've spent the whole day arguing the points and gotten nowhere so I'll let it lie.