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People that have power want to wield power; they want to assert their authority. You may not be this type of person so you must think of the type of person that pursues being in a position of power. They do not arbitrarily find themselves in these positions - they are driven to these positions because of their desires. Such a person can be dangerous. The challenge with such a person is to keep them in check – to have checks and balances against the abuse of power - to harness such a person under the constraints of the clear jurisdiction or written law or constitution. Many of these people are quite convinced of their superiority of mind and they chaff under the constraints of law and try many different ways to expand the boundaries of their legitimate authority.
In the heat of the moment, empowered by the outrage of the heinous acts of Sandusky, Mark Emmert saw his opportunity to wield power and be showered with fawning praise. In the hurried hours before he extorted Penn State’s president into agreeing to the punitive sanctions, he conspired with many in the corrupt cabal within the NCAA. They not only abused their power but invented ingenious new ways to undermine Penn State’s football program - and through it the PSU athletic department, the University itself and the State of Pennsylvania. They must have giggled together at their creativeness, convinced of how they had covered their tracks.
We are going to have to decide in this country whether we are under rule of law or rule of men. The abuse of power by the NCAA is just another manifestation of institutions in this country abusing their power and breaking outside their legitimate authority. In the case of PA vs. NCAA the allegations are self-evidently true. The NCAA stands guilty as charged and it isn’t even close. Anyone who can read by laws knows it.
So, we will simply sit back as this suit plays out to see whether the judicial branch has the courage to rule under law or whether they fear the disapproval of the cultural elite, who have the facts wrong but still want what they want. All of the usual suspects have dutifully put out their editorials right on schedule as a shot across the bow to the whoever the judge is in this case, giving that Judge his marching orders. Time to see is said judge is a good soldier.
IMO, Corbett would not have gone forward with this if he did not think his case was very strong, At his disposal is inside information of what went on at Penn State that will be brought up at trial as well as the legal and monetary backing of PA. I cannot imagine the NCAA coming out of this not looking like even bigger jackasses than they already do. When guys who worked for the NCAA infractions committee say Emmert is off his rocker, you really have to wonder. I personally think Emmert thought he could use this to make a name for himself because no one associated with Penn State would be in a position to fight back because of public perception. At this point, I can only assume that Emmert knows full well that he was too overzealous in his need to grandstand for a country screaming for the death of Penn State football.
Like the idea of additional inside information that you allude to in the quiver as well. The quote machines that some of these newspapers trot out to say things like: "..Suit chances are slim and none" are just ridiculous when you consider what the NCAA's own charter says.
I know some ESPN "legal analyst" said it was doomed but there are creditable other opinions out there.
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Jetta - Excellent article and spot on. I liked this line:
"Regardless of being told by media scolds how they ought to feel about Corbett’s shameful lawsuit, most Pennsylvanians are all for it..."
The media elite can blow it out there sanctimonious arse IMO. Sandusky's deserves to fry, but this is a criminal case and excuse me while I vigorously defend my University against the scum in the media and in public that would have it destroyed. Especially since much of this is fueled by a sickening combination of imbecilic ignorance and simple rivalrous glee.
My favorite quote: "...the NCAA is in for a world of painful discovery."
October 12, 2013. PSU 43 - UM 40 (4 OT). Unfortunately this fan wasn't around long enough to see it!
Yea - Hopefully Emmert and company are losing a little sleep knowing that we may get to see how the sausage was made..
If/when the PA lawsuit withstands the NCAA's motion to dismiss, I think you'll see the NCAA bigwigs turn on Emmert. My money is on him resigning for "personal" or "health" reasons at that point. That will allow the NCAA to eliminate or significantly reduce the sanctions to avoid the lawsuit going forward. Emmert wanted to be the big, bad wolf and he was just that, acting unilaterally. The rest of the NCAA isn't going to want to see their power disappear at the hands of a judge because Emmert stuck his nose into something he shouldn't have.
That was a great read. I took 2 things from the article. 1. If this dog and pony show is for the victims, how dumb do you look if the victims themselves do not agree. 2. If the NCAA's best chance is to keep this out of court, their case is even more pathetic than most gave it credit for. Cannot wait to see that d bag Emmert get stuck in his giant web of bs.
So what happens if Emmert goes down in flames but it is three years from now? So the NCAA is wrong. How do they pay for their sins at that point. You cannot give back the scholarships or free agency transfers, lost bowl revenue etc. If the NCAA is found to be wrong, they need to pay, but how if it is after the fact?
Champion - Your point is a good one. This is why justice delay is justice denied. That is also why I wondered about the time table on this case. I would assume that there is a mechanism to fast track this to trial or put in a stay on additional sanctions now. I would hope that some folk in power in Pennsylvania politics would move this to court quickly. I am not a lawyer so I dont know exactly what those mechanisms would be...
If it plays out that way we still lose big time. There's a chance though that if the judge denies the NCAA's motion to dismiss, and that decision should come within the next couple months, the NCAA will immediately look to stop the court proceedings as the discovery phase is not something they'll want to go through. At that point I think the bigwigs will make it clear this was all Emmert and either force him to resolve it via settlement or force him to resign. If they force him to resign they can take the stance publicly that Emmert was acting overzealously individually and that as a matter of good faith they're terminating the sanctions against PSU. They would probably throw in lots of BS lines about how they're doing it for the sake of the victims, since some of them have said they're against the sanctions.
The important thing to remember about this case is that the people to be deposed would not be NCAA investigators and staffers.
The action against Penn State was done by the executive committee (Emmert and a bunch of college presidents). That is who would be deposed. The NCAA will rush to settle before that ever happens.
If this case goes to court ( I don't think it will) and the NCAA loses ( little better than 50/50 IMO), They will have taken an enormous beating in the press as a result of discovery...which by itself could lead to their demise.
The real "Nuke hiding in the garbage" is that this is an ANTITRUST suit. The rule is if it is found the penalty is triple the damages...Start with the 60 million fine, That could cost them 180 million off the top.
The damages to the reputation and competition as well as the community monetary damages ( reduced revenue due to reduced attendance,etc could end up in the millions as well ( remember the triple thing)
How do you put a price on kids scholarships being reduced...simple add the cost up and multiply by three...Now for punitive damages, that will depend on the judges "feelings". She could castrate the NCAA if she wanted. My guess , she could demand that the NCAA make the program "whole"...undo ALL sanctions and allow PSU to have a transfer AND scholarship limit "Enrichment"
In reality, I don't see any of this.
If the motion by the NCAA to throw out the case is dismissed and we go to discovery, the NCAA will come screaming to the negotiation table with all kinds of goodies to entice the State to agree to stop the suit .
Total removal of the sanctions is certainly not out of the question because every day there isn't a settlement is a day that hostile lawyers get to look over every bit of communication and depose NCAA administrators exposing far more than would be needed or certainly desired by the NCAA.
an injunction will occur well before then. this wont ever get to discovery IMO
I am no lawyer so dont fully understand the process, but just to play devils advocate, is it possible that PA has more to gain for the PSU community by refusing to settle (should the ncaa eventually offer that up) and instead takes this to discovery phase? It would seem to me that the most powerful PR result for psu long term could be a landmark court case victory, revealing the ncaa's flaws, some truths about the sandusky scandal that have not benn well understood, and the flaws of the freeh report along the way. Whether that all counterbalances the near term negative effects of the sanctions or would be better than settling with the ncaa I dont know.
even if what you ask would be true, I think it's important to remember who is brought the suit..... Corbett. IMO, there are absolutely political motives behind this and if he has a chance to settle with the NCAA as early as this summer (or at any point before the election), he would take it in a split second. I highly doubt he actually cares about Penn State or exposing the freeh report.
This post was edited by spud358 15 months ago
agree spud. having said that i would watch for 2 things:
1) if judge does not dismiss, and rules state has standing. if that happens, IMO a settlement comes quickly (before start of 2013).
2) if motion to dismiss is denied, look for an injunction. this happens only if the courts view that the plaintiff has a good chance to win. if an injunction occurs then there is no doubt the settlement gets done quickly.
the ncaa doesnt want any part of discovery. they dont want their papers and emails that were used to make this punishment out there. i also believe at this point that it will be found that mark emmert pressured people to get this auhority so he could do a favor for his friend, vicky tripony.
the last thing the ncaa wants is for their procedures and policies to be on the stand, under oath. if that happens the NCAA as a governing body will be destroyed.
i am of the opinion that sometime in the next 30-45 days, the ncaa lawyers will begin working on an outline for a settlement. i firmly believe that by that time they will have a good idea that this case will be held over for trial, and at such time the state will file for an injunction to halt the sanctions.
After Emmert's pompous press conference pronouncements, I was shocked that he didn't state immediately that he was running for the United States Senate. He is such a tough guy and a crusader for justice and academic integrity he could certainly help "correct and punish" all the deviant behavior everywhere in the United States. Perhaps an appointment to the Supreme Court would better match his skill set. At the very least, he would certainly fit in well in congress. However, I can picture his face turning red and looking for the nearest exit if he has to swear under oath that he had no knowledge of academic fraud (fake, accelerated, internet cheating classes), extra benefits (cash, cars, etc) being provided to the student athletes and his Clery Act reporting was 100% accurate under his watch while president of LSU. After all, the culture at LSU and the entire SEC is damn near perfect.....except for the part that involves cheating, reading and writing.
Just wondering who the judge will be in this case (or will it be a panel of judges? - not a lawyer, so don’t know) and what his/her make-up is: Are they courageous/independent able to withstand the withering criticism they will get from the media.
Yvette Kane, I think
I am in agreement that the NCAA will be willing to negotiate. But I don't see anything less than all the sanctions being cancelled as being acceptable. Would the NCAA go that far, do they have a choice?
IMO anything less than 100% reversal gives the NCAA a precedence to punish a school for a criminal matter. That is outside of the by laws and has no business being included in the by laws in the future.
If there is a 100% cancellation of sanctions, how is PSU and PA business' given restitution for 2012? 2013 recruiting class?
hmm...A quick google of her name and actions/affiliations in the past does not engender confidence at all..don't know what other's opinions are..
A lot of good points, and I think we also need to keep in mind we have time served. So even if the rest of our sanctions our reduced (IMO they will be shortly) we can't get back 100% of our sanctions, we already paid up. This should also help gain us some leverage.
I personally don't think anything gets done as quick as white_out is saying....I think after the 2013 season, before 2014 season sometime is when the magic happens, so to speak. At that point, we will have already missed 2 years of bowls, have a roster down to close 65 (75 tops with a full 25 class in 2014 even), and the public has moved past the PSU story and actually alot have changed their tune regarding the punishment. We also have George Mitchell publicly praising our AD in our corner. I think the NCAA can then say they "fixed us" and stop the rest of the sanctions in a settlement with the state. They retain their power they want, public doesnt care about scholarship losses (i mean how many people even realized USC was still on sanctions?), and PSU got "fixed". Thats how I see it playing out but what the heck do i know?
The criminal trial is a bit of a wildcard here as well. Short of the NCAA folding really fast if/when the motion to dismiss is denied, it seems likely that the criminal trial will conclude before anything is decided in the PA suit. Obviously there is no direct relationship, but in terms of public perception, an athletic director found guilty on related charges helps the NCAA's cause a lot. A not guilty result might not help PSU as much as a guilty one would benefit the NCAA, but it helps.
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