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Story: Corbett taking on NCAA

  • http://pennstate.247sports.com/Article/Governor-files-lawsuit-against-NCAA-for-Penn-State-sanctions-109381

    Pennsylvania governor Tom Corbett is filing a lawsuit against the NCAA for its sanctions against Penn State and its football program.

    This post was edited by Jeff Rice on 1/2/2013 at 12:24 PM

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    Follow me on Twitter @jeffrice247 jrice@247sports.com

    Jeff Rice ●

  • Jeff: what's your first instinct? False hope, or is this something we can rally behind?

    signature image

    psubills62 ●

  • psubills62 said...

    Jeff: what's your first instinct? False hope, or is this something we can rally behind?

    I wish I knew enough about the law to give you a better answer (I'm sure some of our law school-educated posters will be on here later to offer their opinions), but I honestly have no idea. As many have pointed out, it reeks of political posturing by Corbett but is also easily the biggest formal stance against the NCAA since the sanctions came down.

    Emmert and the executive board went against procedure and obviously felt justified in doing so. Now they have to deal with the consequences. As I've written before, this whole thing will make the NCAA take a serious look at itself (and make everyone else look at it) and how it governs member institutions in the future.

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    Follow me on Twitter @jeffrice247 jrice@247sports.com

    Jeff Rice ●

  • I hate the ncaa so much, but I really don't want to get my hopes up here.

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    PSUJames ●

  • The suit has been filed. I just read it.

    Wow is all I can say. I think the state makes a pretty substantial case.
    Read it here:
    https://www.documentcloud.org/documents/550546-corbett.html

    It has enough legs that it will force the NCAA to settle at a minimum. Worst case scenario, I think there will be some reduction of the sanctions.

    TylerB24

  • My question is - where was he at when this was happening? And dont tell me research was being done! This was a criminal matter from the beginning and Corbett knew as much. He was quick to get on the phone when the joke of the BOT was voting, and give his two cents to persuade the voting out of Coach Paterno. We all know this was to deflect the blame and questions he should have faced and not Paterno. And now this bullshit attempt to save face?? Please, you were elected out -- to late--leave! You are a year to late to the rally.

    And IMO the NCAA doesnt really care what the PA governor says now...

    mr intensity26349

  • Interesting considering Corbett was one of the reasons Sandusky wasn't prosecuted sooner, imo. what's the quote? oh yeah, he "had a legal obligation to do more."

    Ship ATC17

  • Could be they were waiting to proceed until Spaniet was charged. Just a guess on my part.

    LBU59

  • Jeff Rice said...

    I wish I knew enough about the law to give you a better answer (I'm sure some of our law school-educated posters will be on here later to offer their opinions), but I honestly have no idea. As many have pointed out, it reeks of political posturing by Corbett but is also easily the biggest formal stance against the NCAA since the sanctions came down.

    Emmert and the executive board went against procedure and obviously felt justified in doing so. Now they have to deal with the consequences. As I've written before, this whole thing will make the NCAA take a serious look at itself (and make everyone else look at it) and how it governs member institutions in the future.

    Thanks, Jeff.

    One thing that gives me hope is time elapsed. From quick google searches, it appears that Emmert laid the sanctions down 11 days after Freeh's report came out. However, Corbett's lawsuit comes 5 months later. The amount of legal counsel provided in 11 days could not be the same as the legal counsel received over 5 months. It's possible that the rapidity in which the NCAA acted could help in the end.

    Of course, this is assuming Corbett actually cares about reducing the sanctions.

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    psubills62 ●

  • Whichever luminary of the fourth estate wrote this article should be put in the journalist penalty box for not researching his facts (which is commonplace in today's "gotcha journalism".

    The article says Corbett has been governor since 2005. Not true. He was AG from 2005 - 2011. He was elected governor in 2011.

    Makes you wonder why you believe anything these guys write.

    Rick81

  • I'm an attorney and can say, with very little reservation, that PA has a very good chance of winning this case. The NCAA has a terrible history when it comes to defending anti-trust suits. Surprisingly enough, deadspin of all places, had a decent summation of the theories likely to be advanced in court several months ago (and linked to in an article about this suit today).

    flyinggerbil

  • LBU59 said...

    Could be they were waiting to proceed until Spaniet was charged. Just a guess on my part.

    This is political grandstanding by somebody who recognizes that his days in PA are numbered. Oh well.... If one of the bad guys wants to fight another bad guy and the only thing that could come out of it is good for the university and football team, I am in. Sign me up for the PPV for this one.

    PSUDE

  • LBU59 said...

    Could be they were waiting to proceed until Spaniet was charged. Just a guess on my part.

    I also think they wanted to wait until the season was over so they can quantify the impact the sanctions have had on the town and businesses and team and such. It's just doing their due diligence and not rushing in unarmed.

    strez ●

  • Rick81 said...

    Whichever luminary of the fourth estate wrote this article should be put in the journalist penalty box for not researching his facts (which is commonplace in today's "gotcha journalism".

    The article says Corbett has been governor since 2005. Not true. He was AG from 2005 - 2011. He was elected governor in 2011.

    Makes you wonder why you believe anything these guys write.

    Into the penalty box I go. Wanted to write "AG from 2005-11, then governor" but my fingers got ahead of my brain.

    Not an example of "gotcha journalism," just poor proofreading.

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    Follow me on Twitter @jeffrice247 jrice@247sports.com

    Jeff Rice ●

  • strez said...

    I also think they wanted to wait until the season was over so they can quantify the impact the sanctions have had on the town and businesses and team and such. It's just doing their due diligence and not rushing in unarmed.

    Good point

    LBU59

  • mr intensity26349 said...

    My question is - where was he at when this was happening? And dont tell me research was being done! This was a criminal matter from the beginning and Corbett knew as much. He was quick to get on the phone when the joke of the BOT was voting, and give his two cents to persuade the voting out of Coach Paterno. We all know this was to deflect the blame and questions he should have faced and not Paterno. And now this bullshit attempt to save face?? Please, you were elected out -- to late--leave! You are a year to late to the rally.

    And IMO the NCAA doesnt really care what the PA governor says now...

    Down vote?? You must be a Corbett fan--thats all i can think of...A master politician at work..

    I will be glad to go to the CROW page if anything significant comes of this...

    mr intensity26349

  • The state's outside counsel is a University of Michigan alum!

    scr147 ●

  • NCAA has a lot to lose here. If it goes to trial and they lose, then every program that from that point onward being punished by the NCAA can cite this trial in an attempt to evade sanctions. Penn State or the state of Pennsylvania really has nothing to lose but the cash it has to pony up for the lawsuit.

    BlueBlood

  • Agree in fact I don't think they have incentive to negotiate. If they give in even part way they are admitting they didn't have the right in the 1st place. And I don't think Corbett really cares about anything but votes. IMO there will be a lot of rhetoric and legal fees but nothing substantive re sanctions in the end.

    signature image

    Old Coaly

  • Old Coaly said...

    Agree in fact I don't think they have incentive to negotiate. If they give in even part way they are admitting they didn't have the right in the 1st place. And I don't think Corbett really cares about anything but votes. IMO there will be a lot of rhetoric and legal fees but nothing substantive re sanctions in the end.

    If that's the case, Corbett is gone. His only hope of re-election is to win.

    MtNittMoonshine

  • As a Cane fan, and a NCAA hater, all I can say is the NCAA is barking up the wrong trees with their actions. Former Canes were told to cooperate with the Shapiro investigation or be presumed guilty when issuing punishments. That is extorton. Several player attorneys are filing suits against the NCAA, now this. Its time to clean up the NCAA and all of it's hypocracies.

    Envy the past, Fear the future

    Brannen55 ●

  • TylerB24 said...

    The suit has been filed. I just read it.

    Wow is all I can say. I think the state makes a pretty substantial case. Read it here: https://www.documentcloud.org/documents/550546-corbett.html

    It has enough legs that it will force the NCAA to settle at a minimum. Worst case scenario, I think there will be some reduction of the sanctions.

    Interesting:

    "The NCAA took the public position that its unique and unprecedented actions were necessary to correct a "culture" at Penn State that improperly exalted the football program to a position of "deference" and "reverence" within the university. While the role of football and other high-profile sports on college campuses is
    certainly a legitimate subject for debate, the notion that this phenomenon is in any way unique to Penn State defies credulity. Moreover, given the NCAA's pivotal role in creating and profiting from the "culture" it now decries, its stated justification for its attack on Penn State and the Commonwealth must be viewed as a pretext for the real motives of the NCAA and its president: the opportunity to gain leverage in the court of public opinion, boost the reputation and power of the NCAA's president, enhance the competitive position of certain NCAA members, and weaken a fellow competitor."

    "You can take bowl games and you can take external things from people, but you can't take a warrior's heart."

    fullback dive

  • MtNittMoonshine said...

    If that's the case, Corbett is gone. His only hope of re-election is to win.

    Winning the case will take years, he doesn't have that. The first Tuesday after the first Monday of November 2014 is the last day he has to care about winning this case. After that day, win or lose, his incentive to win drops drastically. He just can't settle before then.

    MTayl72 ●

  • With no legal extertise, I believe (assuming that the state of PA has legal standing in this case) that the NCAA has everthing to lose. They do not a legal budget for a protracted fight and have lost most of the first wave of emotional support they had when the penalties were announced. Corbett has great incentive to push for a complete reverse of the decision, although in negociations may be willing to throw the NCAA a bone and no admission of wrongdoing. Either way Emmert is in deep do-do. There is little doubt that the NCAA exceeded its charter and acted precipitously.

    Possibly, his internal support and maybe his sphincter mustles will desert him.

    Eljaypo

  • Eljaypo said...

    With no legal extertise, I believe (assuming that the state of PA has legal standing in this case) that the NCAA has everthing to lose. They do not a legal budget for a protracted fight and have lost most of the first wave of emotional support they had when the penalties were announced. Corbett has great incentive to push for a complete reverse of the decision, although in negociations may be willing to throw the NCAA a bone and no admission of wrongdoing. Either way Emmert is in deep do-do. There is little doubt that the NCAA exceeded its charter and acted precipitously.

    Possibly, his internal support and maybe his sphincter mustles will desert him.

    The NCAA does have a lot to lose.

    The NCAA is full of lawyers and well supported to deal with long term court cases, they have been for the last three plus decades.

    They have not lost the emotional support for the sanctions. The general public and even the President of the United States supported, and still support these sanctions.

    MTayl72 ●

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