49’ers McDonald, Roger Goodell and Domestic Violence Due Process: How Duke Lax Lesson Solves Goodell’s Dilemma

Now Roger Goodell is going to have to decide whether to apply the Duke Lax Lesson to his recently-announced player domestic violence policy. After having done a face-plant in his handling of the Ray Rice domestic violence matter, Goodell announced, to much fanfare last week, his plan to impose a six-game suspension for player domestic violence first offenses, and then a one-year-to lifetime ban for repeat offenders.

GoodellPhoto090114

What Goodell’s new policy failed to spell out was the precise circumstances under which those penalties would apply. On one extreme, would they be imposed only after criminal convictions for domestic violence-related offenses? Or, on the other extreme, would they be applied as soon as any charge is raised by a female, or by criminal authorities? Continue reading

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Under Goodell’s New Domestic Violence Policy, Ray Rice Could’ve Gotten No Penalty

Roger Goodell is to be complimented for admitting that he made a mistake in meting out only a two-game suspension to Raven’s running back Ray Rice for Rice’s role in apparently knocking his wife out cold in a casino.

But Goodell’s new Domestic Violence Policy is so full of holes that, if it were applied to the very same Rice wife-beating event (which it won’t be), the new policy would allow to impose no suspension at all.  This is because the policy does not define whether penalties kick in only after a criminal conviction is entered establishing that an assault or other crime occurred. Ray Rice was not convicted of any crime associated with the domestic violence in question.

Goodell and other commissioners have many reasons for wanting to let the criminal justice system play out to conviction or acquittal, before imposing any league-related penalties. After all, in many cases (particularly where there exists no shocking video like the one we saw of Rice dragging his wife out of the elevator) the evidence is hard to get at, and conflicting. So Goodell clearly crafted this new policy to allow him to wait until after the criminal justice system has finally acted, before imposing any league penalty on the player.  So we have to wait and see how Goodell uses this new policy to know whether it will make a significant difference.

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Whither Wainstein UNC Review? Hard-hitting Freeh-Style, or UMiami and FISA Court White-Shoe Tap-Dance?

Kenneth L. Wainstein, Esq., of the Cadwalader white-shoe law firm, has done more than merely author the the by-now notorious UMiami “prudential concerns” report of February 2013 commissioned by NCAA President Mark Emmert. [see my prior posts,I Repeat: NCAA “Enforcement Review” by Cadwalader Found NO Violations”, , and 'The Fatuous NCAA Enforcement Review Report: Julie Roe Lash Got Bagged to Save Emmert and Remy or 'NCAA/Miami Prudential Concerns vs. NCAA/UConn Knowing Violation of Federal Statutory Mandates; also my post on a broader issue: "Tressel-Paterno-Freeh-Peppers, a 1924 Constitution, and Raggedy-Ann Doll Compliance" on why NCAA enforcement is a sham.]

The Wainstein Miami report found that NCAA staffers violated some airy, never-cited “prudential concerns” during their investigation of earlier allegations of serious NCAA bylaw violations by UMiami. As I pointed out in those posts, Wainstein clearly figured it all out: Emmert had, the previous autumn, jumped the due-process gun by excoriating staff –  in the absence of evidence of wrongdoing. If Wainstein had been honest (as Louis Freeh was at Penn State), he’d have said that Emmert jumped the gun. Instead, Wainstein tap-danced his way through, wearing his “prudential concern” tu-tu, and diverted everyone’s attention. His “white-shoe tap-dance,”gave Emmert cover, and I’m betting Emmert called someone at UNC to tell them: “Hire Emmert, he’ll give you the ‘ole corporate cover.

Wainstein knows about corporate cover. He served as former General Counsel and as Chief of Staff to the FBI Director, and also as a assistant attorney general for national security between 2006 and 2008, all in the Bush administration, and has had a central role in establishing the now-controversial authority of the FISA court which has, it is fair to conclude, rubber-stamped almost every request from the National Security Administration since 2007.

Much of this controversy, and the NSA’s breathtakingly broad interpretation of its’ powers, has it’s genesis in Wainstein’s legal opinions seven years ago, when the jury-rigged old FISA procedure was cast in stone as a direct result of Wainstein’s work.  Wainstein’s role is described below in this July 4, 2013 Washington Post story [also here is Wainstein's FISA opinion]:

“Guardian also disclosed a November 2007 memorandum prepared for then-Attorney General Michael Mukasey by Kenneth Wainstein, who was in charge of the Justice Department’s National Security Division. On behalf of the NSA, Wainstein requested that the attorney general approve a powerful form of computer-assisted analysis of U.S. persons’ metadata, including their phone and e-mail records, as well as Internet Protocol addresses of individual computers. This information was obtained “by various methods, including pursuant to the Foreign Intelligence Surveillance Act,” the memo states.”

“NSA has in its databases a large amount of communications metadata associated with persons in the United States,” the memo states.”

“In the memo, Wainstein argued, as other government officials have over the years and continue today, that metadata is not content, and therefore is not subject to protections under the Fourth Amendment. ” [Emphasis added]

Refer, in fact, to Wainstein’s 2013 testimony (at 1:45)  about the FISA court, and his wooden notion that, because our well-established fourth amendment case law allows a prosecutor to obtain an ex parte warrant as regards a case against one person (which means the prosecutor shows up on his own, doesn’t even have to tell the other party, and gives his version as to why the judge ought to approve the wiretap or warrant) means that the current NSA practice of obtaining ex parte FISA court warrants to allow tapping/review/collation of data or metadata pertaining to millions or billions of people all at one time is entirely appropriate.

Stop and think a minute: might a fair, logical mind suggest that, with so many people’s data involved, such an ex parte procedure is highly suspect and, in light of the fact that millions or billions of people’s right are being trammeled, those masses ought be heard when the warrant or intrusion is requested – ex parte – by a self-serving governmental agency?

To what extent did Wainstein’s past (and current) support of the NSA meta-surveillance require Wainstein to hide in the bushes for higher-ups, to satisfy his own careerist motives, before protecting the interests of the average American citizen?

Maybe Wainstein will pull a Louis Freeh, and come out swinging with an honest UNC review. To do that, he’ll have to break free of his past pattern.

 

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K-State’s Bill Snyder is Miss Piggy: “Sanctimonious? – Moi?

Look, by almost every account, K State Head Coach Bill Snyder is a wonderful man, who has done some wonderful things. And he’s 74. But he’s just now been seized by a second paroxysm of sanctimony.

The first one happened last April. when Snyder observed that “We’ve allowed it to become money-driven. We’ve allowed it to become TV-driven. We’ve allowed athletic programs or football programs to mean more to a university than what the university was really supposed to be all about. The last I heard, these were educational institutions, and that’s what it needs to be about. … It’s not driven by values. … It’s driven by dollars and cents, and that’s unfortunate.”

This, from a not “unfortunate” man who, only months earlier in 2013, had signed a new contract to coach amateur ‘student-athletes’ at a not-for-profit public school for 14.75 million dollars. Yes, that’s almost fifteen million.

When I read this last spring it called to mind a scene where the home burglar is interrupted mid-burglary by the unexpected return of the homeowner, and then blurts out, “You know, the cops are so incompetent around here, I just had to break in  — but SOMEONE’S got to put a stop to all this crime, for once and for all!”

Now, at today’s opening of K-State’s fall camp, he’s apparently in the midst of his second paroxysm of sanctimony, announcing that universities have “sold out” and that “It’s changed. I mean, college athletics, football in particular, has changed dramatically over the years,” Snyder said. “I think we’ve sold out. We’re all about dollars and cents. The concept of college football no longer has any bearing on the quality of the person, the quality of students. Universities are selling themselves out.”

It’s almost too much to bear. The fifteen-million dollar man talking about “selling-out.” Here he is, a man at the end of his career, richer than a caliph, and he doesn’t even have the courage to commit to any proposed radical change of a pathological system. When, to use coaching jargon, are you going to “buy-into” real change, Mr. Snyder? When will you do anything more than vaguely identify the problem?

Snyder’s taken the easy way out, preserving only his appearance of probity.

Sanctimonious – Moi?

 

 

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Why Germany Clobbered Brazil 7-1 – WSJ on German Soccer Big Data, http://on.wsj.com/W2J8LL

MuellerGermB

The Germans’ analysis of  “Big Data” derived from detailed video monitoring of thousands of data points per second pertaining to each player’s on-field activity, using a proprietary system called “Match Insights,” allowed them to eventually decide to emphasize team speed. As a result, they cut their average time of possession from 3.4 to 1.1 seconds. Also as a result, though Brazil actually possessed the ball more than Germany (52% of playing time), the Brazilians had almost no opportunities to score.

It appears that the Match Insights analytical tool may soon be available to others. See this excellent article at: http://on.wsj.com/W2J8LL

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NBA Players’ Association Must Hire Don Fehr Now

This is the most important thing that the NBAPA will ever do. They need to move beyond the cloistered, home-boy environment which they knew as teenagers, and hire the brightest, most effective players’ association executive director which American sports have ever known (with the exception of Marvin Miller) whose name is Donald Fehr. Yes, he’s working for the NHL players. And yes, the NBAPA would need to pay him, very well.  But he’s worth every penny, and they need to do it immediately.

Just look at the contracts he did — guaranteed contracts — for MLBPA.  Fehr is a genius, and the NBAPA need him badly.  Owners in every sport know about Don Fehr. It’s only the players who are not sufficiently well-informed, with the exception of Blake Griffin, who “gets it”.  The minute that Fehr is hired, the owners will cower. And then, watch out.

And the amazing thing? Fehr is completely honest. And he’s so good, it drives the owners nuts. Look up the history of the last NHL players’ association negotiations; the first thing the owners did was go after Fehr, by claiming they would not negotiate with him in the room. That went nowhere, because the NHL players knew that the NHL owners were negotiating buffoons, when compared to Fehr.

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UNC Academic Scandals Will be Reviewed Using Wainstein’s ‘Prudential Concern’ Standard?

This is pretty rich. UNC, having gone through the embarrassment of having hired a former governor to help cover the tawdry decade-long trail of academic fraud, has now landed on the notion of hiring Ken “Prudential Concern” Wainstein, he of the Miami “independent” review.  (See http://bit.ly/1eeD6Zv; see other earlier posts, http://wp.me/p15xE1-t6   Wainsteirn Authorized NSA surveillance ;  The Fatuous NCAA Enforcement Review Report: Julie Roe Lash Got Bagged to Save Emmert and Remy.  http://wp.me/p15xE1-sE; http://wp.me/p15xE1-qt;  Badly Flawed NCAA Enforcement Review Uses Ouija Board – Not Rule of Law- to Find Violations http://wp.me/p15xE1-qo).

Most people don’t understood what Wainstein did. He competently figured out that there wasn’t a damned thing he could find anywhere in writing (and he looked everywhere) which had been violated when the NCAA Miami investigator hired an outside attorney. But note what he did: instead of telling NCAA Executive Director Emmert that he’d blown the whole thing out of proportion, and that nothing serious, really, had been done wrong, he pulled a new standard of conduct out of the air: that the NCAA’s investigator had violated “prudential concerns.” Yes, prudence was at the heart of Wainstein’s finding in that case. Prudence: the kind of thing you violate when you send out invitations to your Flag Day veranda tea party and the invite is set in the wrong font.  Wainstein was also so bold as to suggest that the NCAA investigator had violated member’s expectations. Member expectations? How in the world could Wainstein have had any possible perception as to member expectations within a fractious, stubborn, sometimes warring, but certainly disparate set of members such as those who make up the NCAA? The notion was, and remains, fatuous.

Wainstein gave cover, though, to Emmert, rather than bluntly telling him in his report: I don’t have a clue what you were so worked up about.

Emmert had boxed in Wainstein by his hyperventilated, pre-investigation, jump-the-gun comments; Wainstein then gave Emmert the “white-shoe law firm” cover as regards the Miami investigation, but he also left Emmert boxed in.

Because if Wainstein’s Miami-related review is to be believed, he set just about the highest possible standard for reviewing human conduct one could choose:  was it prudent? This is a higher standard than: 1) is one of the parties guilty of criminal conduct?; 2) did one of the parties engaged in negligent behavior (measured by a preponderance standard)?; 3) was there a written in-house NCAA employee standard of conduct which was violated? (there was not, according to Wainstein); 4) was there an in-house, unwritten, de facto standard of NCAA employee conduct which was violated? (it appeared that the hiring of the investigator which Emmert had earlier squawked about was consistent with past practice in that office, but Wainstein, curiously, never bothered to follow up on that lead); or 5) were there any professional ethical standards violated? (there were, again, no violations found by Wainstein.) 

So that’s Wainstein’s extremely high standard, to be applied to the UNC cesspool. I’m not optimistic, but if Wainstein has his ‘prudential conduct’ notebook with him, will he find (as he should) that, for example, the former governor of North Carolina violated that “prudential concern” standard, with impunity?

Prudence. Did it accord with kindness, etiquette, good-heartedness?

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How Rich Rod Should Fight Saban and Bielma “Slow-Down” Rules Proposal

Coach Rich Rodriguez of Arizona is none too pleased about the NCAA Football Rules Committee’s new recommended rule change – which still must be approved by the NCAA Playing Rules Oversight Panel on March 6 — which would give defenses 10 seconds to substitute on every play. Offenses would not be able to snap the ball until 29 seconds remained on the play clock. The only exception would be the final two minutes of each half.

The proposal jeopardizes Rich Rod’s up-tempo style. And it’s been recommended by a Rules Committee which has Nick Saban of Alabama and Bret Bielma – both more old-style coaches known as not in favor of the fast-paced football played at Arizona, Oregon, Indiana and many other places.

Rich Rod needs to go on the offensive:

1) What safety data supports the move? The proposal should have empirical data which supports the alleged “safety” motive behind it. No safety justification has been explained.

2) Get the NCAA Medical Director to review the proposal: Rich Rod needs to ask the NCAA’s medical director to take a position on whether this proposal will make the game safer, and where it ranks in terms of other changes which might be considered.

3) Suggest a rules-safety Blue Ribbon Panel: Rich Rod should suggest a Blue Ribbon panel be appointed, consisting of numerous football meddical safety experts along with administrators, students, and fans – which should be tasked to submit a thorough Blue Ribbon report evaluating all options.

4) Point to relevant history:. When football injuries and deaths multiplied in the late 1800’s and the first years of the 20th century, all proposals to make the game safer were directed at opening up the game. Walter Camp and others charged with finding some solutions to increase safety wanted first to widen the field; Harvard resisted that notion, because it had just finished, in 1903, building its’ “huge” new 35,000 seat stadium, which did not have enough room to widen the field.

This forced Camp and the others to look at other options — all of which were meant to “open up” the game, to remove opportunities for the “pile-ups” of bodies which caused injury. The forward pass was adopted, the game allowed four downs to get a first down, and the first down distance was lengthened to ten yards.

5) Other history might be relevant: Suggest bringing back the pre-WWI non-platoon system. Before WWII, the player could enter or leave a game only once per quarter. That rule was changed because of the dearth of male students (players) during the war, and the frequency of substitutions increased with some other rules changes in the fifties.

5) Will jeopardize NCAA defenses in concussion lawsuit: Any proposal which purports to promote safety but which has zero empirical data to support the change creates a serious risk of NCAA ridicule, within the Arrington lawsuit which claims NCAA concussion liability (and other lawsuits which will arise), for continuing to show little or no factual foundation for safety policy-making.

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NCAA Decision Shows Clemson AD Dan Radakovich Would “Taint” Football Championship Selection Committee

Dan Radakovich

Dan Radakovich (Photo credit: Wikipedia)

The new College Football Championship needs to appoint a selection committee of top leaders, with impeccable judgment and integrity, and rumored appointment Condi Rice fits that bill. Dan Radakovich is the wrong person for that job.

The fact that Radakovich was Georgia Tech’s Athletics Director in 2011 when the NCAA found GT guilty of major violations should not, by itself, necessarily disqualify him from serving on this prestigious selection committee.

But the NCAA Committee on Infraction’s GT decision is one of a very tiny number of such “major violation” decisions where the athletic director (Radakovich) was a major violator. Most major violation cases involve players or coaches who have somehow broken the rules. In contrast, the Georgia Tech major violation directly arises from illegal actions taken by Radakovich while he led the school’s actions during the investigative stage.

First, look back at the report by Attorney Ken Wainstein concerning the “prudential concerns” violations he found, upon investigation (at the request of NCAA Head Emmert) of NCAA staffer conduct in the UMiami case. Wainstein found that the hiring of outside counsel by the staffer violated “prudential concerns.” But the staffer had long since (before Wainstein’s review) been fired by the NCAA, not because he violated “prudential concerns”, but because of a much more egregious and fundamental “process” violation: his action directly and intentionally contradicted a specific order from his superior that he not hire outside counsel. “Disobeying” an explicit order led to immediate firing. That staffer was insubordinate.

The NCAA GT decision shows that Radakovich was similarly insubordinate to his superior at the NCAA by intentionally disobeying an explicit order from the NCAA investigator about how Radakovich should handle confidential information. And Radakovich’s insubordination had a direct impact upon a subsequent strange and 180-degree “change of story” by one of the players. Here are the brief facts:

In November 2009, the NCAA contacted a GT Compliance officer with information that an “agent” had been spotted somewhere in the GT environs, and that several GT football players may have received free athletic clothing from that agent or one of his runners. The NCAA staffer explicitly told the GT Compliance officer that this information about agent actions could be revealed only to the GT President and AD Radakovich — and no one else.

Incredibly, only ten days later, AD Radokovich, Head Football Coach Johnson, the GT Compliance Office and the football player in question all sat in one room for a meeting. And they spoke in detail about the fact that the NCAA had information that an agent had been present and had provided free clothing to the athlete in question.

The result of this meeting?: the player in question reversed his prior admission that he’d received the clothing. That is, prior to the meeting he was forced to attend with the AD, Coach and Compliance chiefs at GT, that player had admitted that he’d gotten free clothing. After the meeting, he denied that fact.

Radakovich and the compliance officer admit that they both knew that they knew they had had a duty to keep the information confidential. Instead (to use the NCAA’s words) they “tainted” and “hindered” the NCAA investigation.

Pre-Emptive Meeting: The NCAA COI decision (which was later appealed, to no avail, by GT and Radakovich) made much of this “pre-emptive” meeting which Radakovich and Johnson had with the player — after having been explicitly told that the information should be kept completely confidential — and how that prevented the NCAA from being able to make any final determination as to whether the clothing was “illegally” gotten from an agent or his runner.

Hindered the Committee: The COI found that “the staff members provided, before the NCAA could conduct their interview, information about what would be discussed in the interview,”[and that]“these actions impeded the enforcement staff investigations and hindered the committee in getting to the truth in this case. Otherwise, this case, as it pertains to the football program, would have been limited to impermissible benefits and preferential treatment violations.

Let’s stop and think about this meeting, in a way that someone at the NCAA must have seen it. These are probably the two most powerful Athletics figures at GT –the AD and football coach (along with the compliance head) – in a room with the young player. Think he’s scared? Think he knows what’s expected of him? — maybe to shade the truth? And what of the thoughts running through the head of compliance?: he had clearly told Radakovich that the NCAA had given explicit instructions not to pass on the information. Yet AD Rasdokovich nonetheless either set up the meeting, and/or chaired it in person. The NCAA recognized, implicitly, when finding that the investigation had been “hindered” and “tainted”, that the AD probably didn’t have to say a word, since solely the presence of all the biggest of GT Athletics “big shots” was likely enough to intimidate the player. The circumstances suggest that Radakovich may have suborned untruthful testimony by the player.

So it’s not simply that AD Radakovich engaged in deliberate, knowing conduct which directly contravened not just several NCAA bylaws, including Bylaw 10.1. It’s more profound than that: Radakovich countermanded (just like that NCAA staffer on the UMiami case who was fired for insubordination) an explicit, case-specific order by the NCAA.

It’s worth stopping here. The NCAA didn’t hesitate to consider all the circumstances (using “circumstantial evidence”) to explicitly find (by a “close call”) that in this case the Player “told the truth” in his “first” version, but not in his “second” (i.e., post-meeting) version.

But the NCAA refused to make a parallel assessment of the circumstances to thoroughly evaluate the ethics of Radakovich’s actions, even though those circumstances suggest, more probably than not, that Radakovich engaged in intentional acts meant to subvert the effectiveness of an entire ongoing NCAA investigation, in circumstances where he had every motive to engage in such illicit behavior in order to have GT avoid sanctions. But this “cupcake”deference to ADs and Coaches (consistent with my notion that, in the minds of any COI, “ADs and Coaches never lie — players do”) is not uncommon, where the NCAA “members” are not the players, but the coaches and ADs.

The COI cited GT for a lack of cooperation during the investigation and a failure to meet the conditions and obligations of membership (among other things.) GT was given four years’ probation, a $100,000 fine, and vacation of the 2009 ACC title game. They also imposed upon Georgia Tech’s athletics operation an order of “Public reprimand and censure.”

Finally, and as is common, the COI reflexively ordered all kinds of rules “education”, including the requirement that Radakovich attend a mandatory NCAA rules education seminar in 2012 (even though there was no evidence that Radakovich’s intentional acts were the result of any “misunderstanding” of the rules): ” The director of athletics, the head football coach, the compliance director and the academic advisor shall attend an NCAA Regional Rules Seminar in 2012.”

Days after the COI decision, Radakovich took a “we-did-nothing-wrong” stance.

“There were a number of people in that room today who watched that game on television like millions of others. The ones who were there certainly were disappointed, but the lesson moving forward is how the actions of a few can affect many. That’s something coach Johnson really stressed to that group. We need to utilize this not only with our football team and our men’s basketball team, but also all of our teams as a learning experience moving forward and how important it is to when you’re a part of a team, to put that team ahead of anything that comes your way and be up front and open with our compliance process.”

Other comments, post-decision, by Radakovich:

1. “We cooperated fully during process.”  (Compare this to the “pre-emptive meeting”,  “tainted” evidence, or “hindered” [access] to the truth” findings by the NCAA.)

2. “We don’t agree with the report and its findings.”

3. “Georgia Tech should not be placed in a position where its integrity is challenged.”

4. “We disagree but we will move forward.”

Contrary to these assertions, there are many indications that Radakovich’s entire department was, in 2011, completely out of control. The COI found, as just one example, “The former general counsel was not the only person… who conveyed a combative attitude toward the investigation. The [NCAA Investigator] …. needed supervisory support at some interviews because of the attitude of the institution’s representation.” In addition, the Head Basketball Coach was fired prior to the NCAA decision, and violations in both football and basketball operations were addressed in the COI decision.

Radakovich is, apparently, a man comfortable in his own sin. But his behavior in these events, as a center-stage actor in a major violation involving subversion of the process which all members schools have agreed to, should make anyone very uncomfortable about the prospect of having him involved in any highly sensitive, nationally-oriented selection process. In fact, the clearly unethical behavior exhibited by Radakovich, along with similar major ethical breaches recently by Jim Tressel (fraud) and Jo Pa (concealment of evidence), are three major reasons why the entire Self-Reporting obligation which is the linchpin of the NCAA framework must now be presumed broken.

More to the point, if Radokovich will, as he did at GT, intentionally breach confidences he had a clear professional duty to maintain, should he be entrusted with highly confidential, if not publicly volatile information developed or discussed by the selection committee? If he will engage in efforts to illicitly “taint” or “hinder” process or evidence, is he suitable for a selection committee which must be beyond reproach? Isn’t the mere presence of this “taint” from the GT decision enough to disqualify him from consideration for the selection committee?

Finally, Radakovich intentionally “blew up” the team to which he had a higher duty: a “team” which should’ve been formed, cooperatively with the NCAA, and which should have included Radakovich, to investigate any GT violations. Instead, he subverted that team, apparently for his own interest. And he still apparently fails to comprehend the nature of gravity of his violation.  Radakovich: a team player?

 

Posted in Dan Radakovich, Football Selection committee, Jim Tressel, Jo Pa, NCAA Enforcement, NCAA Investigation, NCAA sanctions | Tagged , , , , , , , | Leave a comment

Weiner, Braun, MLB Owners, and Rutgers’ White-Shoe Whitewash: Doin’ The Same Thing Again?

Weiner Again: Anthony Weiner, current NYC mayoral candidate, told us that the odd behaviors were behind him when he resigned from Congress two years ago after news leaked of his creepy online sexual behavior and photos.

Weiner

But they’re not behind him, which also may be the newly-accurate way to describe New York city voters after these recent ‘Carlos Danger’ revelations. After all Anthony, you’re doin’ the same thing AGAIN?

Braun Again: No explanation needed. Ryan, you’re doin‘ the same thing, AGAIN?

Braun

Rutgers, Again – and President Barchi Buys a White-Shoe Whitewash: The introduction to Skadden Arps’ July 22 “Rutgers Case Study and Recommendations” slyly pronounces: “this is a forward-looking review.’

Which I guess is white-shoe-code for “we’re just gonna ignore that stench and “Ack-SENT-choo-eight the POS-a-tive — because hapless Rutgers President Barchi thinks his job is on-the-line, and after all he’s the one who is paying us.” Forward-looking, in hopes that no one will look back.

Barchi

This ‘White-Shoe-Whitewash’ trick is taken from the NCAA’s Mark Emmert, who bought a similarly high-priced White-Shoe Whitewash from Cadwalader, and duly received  Cadwalader’s fatuous report about the NCAA’s UMiami alleged transgressions. (See my posts, I Repeat: NCAA “Enforcement Review” by Cadwalader Found NO Violations, http://wp.me/p15xE1-sE; and Badly Flawed NCAA Enforcement Review Uses Ouija Board – Not Rule of Law- to Find Violations)

The Skadden case study authors at least had the moral heft to actually include their  pithy summary of the squarely-on-point Rutgers 2008 ARC report:

“The ARC Report concluded that, at least with respect to the factual matters involving the Athletic Department, “the university operated with inadequate internal controls, insufficient interdepartmental and hierarchical communications, an uninformed board on some specific important issues, and limited Presidential leadership.”

Anyone who has followed the Mike Rice, Tim Pernetti, Julie Hermann, President Barchi circus of mis-management and deceptions has to read the above summary and conclude: Rutgers, you got caught  doin’ the same thing AGAIN!

MLB and PEDs, Again: I’ve pointed out in an earlier post my skepticism about MLB and the PED scandals. (Braun Case Lesson: Selig, Players, Owners Knew Testing Process is Dog & Pony Show, and Ryan Braun: I Did Not Have Sex With That Woman. Plus, Tanya Harding and Rosemary Woods Did It.)

MLB (and MLBPA) looked the other way for years, back in the 90’s when Sosa and McGuired doped but filled seats and owners’ bank accounts.

Selig

But when Bonds/Clemens/Balco pulled the curtain back on the owners’ ‘wink-wink’ PED ethic,, and the public became disgusted, the players and owners put in place a new system of controls. That system gave both parties cover, and allowed the owners to “countenance” one arbitrator (Das) who took the teeth out of the system by consistently ruling in favor of players — like Braun – who challenged the legitimacy of testing results. The owners even pretended to be furious with Arbitrator Das’ decision, though they must’ve known it was coming, and was part of the understood ‘wink-wink” process.

But the subsequent, recent and appalling very detailed Biogenesis revelations about widespread doping once again pulled back the curtain on MLB’s “dog-and-pony show” PED-enforcement process. Which leaves the average fan’s attitude somewhere around, “MLB, you got caught  doin’ the same thing AGAIN!

Dogponyshow

Same claimed “mistake” twice? That’s called a habit. A character flaw.

But there are other important factors here: each of the above “recidivists” are in the public eye,  conducting public business – which makes them subject to a higher standard of care in performing their duties, and which ought to allow the public to have short patience with respect to even the first transgression.

More important is that each of the four deceived the public about even the existence of “repeat transgressions”: Weiner still won’t come clean about all the Carlos Danger facts. MLB portrayed it’s new millenium PED-enforcement system as rigorous.  Braun swore on Bill James’ bible that he never doped. Rutgers’ deception, though, stands out among the four, since the Skadden Arps “Case Study” (I thought those were done in community college ‘The Story of Business‘ classes?) intentionally omits the First Lesson learned by any careful review of Rutgers’ history: President Barchi gets an “F” on each of the standards established by the 2008 ARC report. By failing to make that explicit and completely obvious conclusion, Barchi and Skadden attempt to deceive the public. The Skadden “Case Study” is an affirmative, bold-faced written effort to buffalo the public.

I don’t know, maybe “twice is the “new’ once”, or something like that, but I don’t buy it.  What we’re being told now, in effect is:

By Weiner: “I’m trying hard to get my personal dark side under control.”

By Braun: “I’ll take a vacation ‘til the season ends, and will be back next year to start collecting the more than $100 million my contract calls for – wouldn’t you have doped in these circumstances? Plus, I don’t really give a good goddam what you think, our union’s the most powerful one in America, and our contracts are guaranteed.

By Rutgers President Barchi: I’m tryin’ really hard to use “adequate internal controls… sufficient interdepartmental communications, and to inform the board regularly and completely.”

By MLB: “We’re really mad now, and we’re really tryin’ harder.”

Throw ‘em all out. Barchi and Weiner: move on. MLB Owners and players: get a real PED enforcement system in place. Braun, just get lost.

Until they do, throw dead chickens and ducks in their doors, as they do in China.

 

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