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3 things stick out in the AP article on the McNair case:
1. "The NCAA had sought to have the case dismissed, but Shaller disagreed. He said after reviewing sealed documents in the McNair inquiry, which was tied to a gift scandal involving Heisman Trophy-winner Reggie Bush, he was convinced that the actions of NCAA investigators were "over the top." His ruling states emails between an investigative committee member, an NCAA worker and a person who works in the agency's appeals division "tend to show ill will or hatred" toward McNair."
2. "Shaller said he would unseal the entire inquiry into McNair, but would hold off on release of the records for a month to allow an appeal. "I think the public has a right to know," he said."
3. "McNair's attorney Bruce Broillet declined comment, citing the sealing order in the case. He said during the hearing that the records showed the agency knew it was relying on false statements about McNair's conduct and wanted to "nail" the coach, who also played in the NFL."
In 1 month, the McNair records will potentially be released for everyone to review. If the records indeed show malice towards McNair (and by proxy USC) and reliance on false statements to punish McNair/USC, what does USC do? USC has already voluntarily accepted the NCAA's ruling but can the university stand idle if new public information clearly points to egregious conduct by the NCAA. Obviously everyone suspects this but doesn't the ballgame change if 'suspected' malice is now 'confirmed' malice? Can the NCAA continue to hide behind their processes and procedures if the record shows lack of institutional control by the NCAA on the USC case?
I don't expect USC to sue the NCAA but would it not at least warrant USC asking the NCAA for immediate relief? Even if it's only partial relief.
The PSU case shows the NCAA is capable of moving incredibly fast when it wants to so they could even make a ruling before February 2013 NSD (ok ok I'm being overly optimistic). Regardless, if the records are as bad as the judge says it is, the notion of not getting any relief for the 2014 class seems crazy to me.
Is this a game changer or homer optimism?
This post was edited by Kravis 17 months ago
I cant go into details, but all I can say is that USC has been following this very closely, and that the NCAA is terrified of the outcome
Does this mean we should expect a big settlement for McNair and then that's the end of it?
Thanks Blem. Please keep us posted by sharing what you can when you can.
I hope USC goes after the NCAA. They have tried to bully everyone with their tactics of "fact finding" and "investigating". They sent letters to former players stating if they do not talk to the NCAA they will believe the ponzi schemer. It has started a lot of legal discussion all over the place with extortion and malicious tactics. Good Luck to you guys with this and with the Irish.
They won't be released. NCAA will pay him off and part of the settlement will be that those records do not go public.
Pat Haden "were winning the right way now"
If the records are released, and if those records show that the NCAA acted with malice towards McNair and USC, then USC should immediately go to the NCAA and demand that all remaining sanctions be dropped. They also should demand the restoration of the vacated games.
Of course those are two big ifs. Who knows what will really happen.
I hope McNair doesn't give up and take a settlement.
Help A Better LA bring peace to the South LA community. Are you in?
Was not the case against McNair the cornerstone for the NCAA case against USC?
If the McNair case is shown to be bogus then the linkage to USC is also bogus, am I right in thinking this?
IMO, USC should sue the NCAA for damages along with Todd and help fund his legal fees.
Blem...sounds great but I have no confidence Nikias and Haden have the stomach for forcing anything in the way of a positive result.
On its surface this looks like a great opportunity to end the sanctions.
Does McNair have any reason to care how any of this affects USC?
Can't see how he would as USC fired him ...
But USC IMO would be smart to join with him, if legally sound (not a lawyer) to help his costs and get some kind of settlement out of the NCAA ..
Here's the thing: at the end of the day, I don't think there is any question Reggie Bush and family took those benefits. I'm sure the NCAA has some bylaw that would still say USC loses the scholarships regardless because they used an ineligible player, though it would be nice to see the school vindicated over the "lack of institutional control."
Side note: question for the lawyers--wouldn't suing the NCAA have left USC in a bigger hole because it would give the NCAA the power to use the courts to dig around the program/interview people?
Yes the NCAA could state that Reggie was ineligible, but they'd have a much harder time justifying the level of sanctions if it's shown that they were on a witch hunt against McNair and/or the university.
USC had no choice and McNair knows that.
Cry Havoc; and let slip the dogs of war!
USC had no choice but to fire him based on the events at that time. I hope McNair sticks a huge fork in these guys. If his case shows that that he was railroaded and USC by proxy the NCAA would be in deep shit. Their entire case was based on the premise that McNair was the connection to Bush and to USC. The sanctions should cease immediately if this is the case. The NCAA will more than likely try to settle. This has affected USC economically and reputation-wise.
I have a huge piggbank full of dimes and quarters I'd offer Todd to NOT settle.
He's the ONLY one who has a shot of exposing the NCAA once and for all.
"Dear baby Jesus in the manger, please don't allow Todd to settle with those bad men"
Besides...his name won't be truly cleared, as the NCAA will couch any settlement with the standard verbiage "we aren't admitting guilt, but..."
The judge sent a clear signal to me that if this got in front of a jury, he's not only almost assured of winning the case, but receiving a HUGE payout from a sympathetic jury. Probably far larger than the NCAA would offer to settle the case for.
Where would this case be heard if it ever got to trial?
I understand what you guys are saying about why USC fired Todd, but still, from his perspective he is fighting this court battle on his own.
I just suggest that USC join him and help him with the legal fees which I assume can be hefty with the amount of paper going back and forth between the NCAA legal team and Todd's team.
If Todd can win, then USC wins IMO
IMO the NCAA is sweating the release of the information because it'll expose the NCAA as a group of less then "fair-minded" individuals calling into question the motivation, process, and results of an NCAA investigation. If those are questionable it damages the NCAA's credibility moving forward.
All results will have the stigma of a witch hunt.
The NCAA MUST get in front of this...Yahoo, et. al., are probably on this like stink on Meyer. If the NCAA allows USC to stop sanctions now the NCAA is admitting the witch hunt. If they don't, they may get stuck with the witch hunt on top of dishonesty...only way out is to clean house at that point.
Either way...Emmert's leadership will be damaged.
It'll be interesting to see Haden's leadership now that the "fair-minded" thing has been debunked.
Los Angeles, CA?
USC didn't have a choice...they couldn't renew his contract (they let it expire...they didn't fire him) with a show cause order looming.
Not that they would have anyhow with Kiffin arriving.
USC didn't fire him. They simply didn't renew his contract. Since he was given a show cause order, he would have been able to recruit or even coach without approval from the NCAA.
USC handled him appropriately in that they didn't throw him under the bus right after sanctions were levied.
Curiously enough, Todd's name and reputation will NEVER be fully cleared unless the sunlight is shone on the truth. By allowing that to happen, USC's name and reputation will be cleared.
Good point ... I always admire those having very good long term memories ... something I am short of these days ...
So, is USC going to financially support Todd in this legal battle?
1) Too late. The judge let the horses out of the barn.
2) Partially agree, but probably for different reasons.
If the judge recognizes there was malice aforethought, then the NCAA clearly knew that to be true.
By allowing faulty information to bring financial harm to the University and Todd - not to mention the damaged reputations to both - Emmert's indifference speaks to his lack of ethics and integrity, which deems him unfit to lead.
I think USC will ask to have the ball on the 40 for the start of their bowl game.
I don't believe Todd needs any financial assistance with a case like this. Some sharp law firmprobably took a look at the facts and agreed to represent him based upon a contingency payout for a portion of the settlement.
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