OSU Corruption Spreads: Pee Wee Gee and Gene Smith “BUY” Tressel’s Cooperation and Silence

Here’s the dark heart behind OSU’s announcement that Tressel will NOT after all, have to pay the $250,000 fine it had levied on him, and will be “allowed” to “retire.”[Recall quickly that JT had previously “resigned.”]

First, a reasonable guess is that the decision to “allow” JT to “retire” gives JT something he badly wants: the ability to be sure that his OSU retirement entitlement (either by the terms of his original employment contract, and/or as a participant in the OSU TIAA/CREF or other retirement plan) remains completely undisturbed and intact.  This analysis is a “best guess”, and can be confirmed — and the concession stinks.   Particularly where OSU’s formal NCAA filing nonetheless contends that JT was “urged to resign”.   OSU wants it BOTH WAYS.

But understand the nuance here: Also note that OSU will only go so far, in their formal filing with the NCAA, as to say that they are are “embarrassed” by what JT has done.  Embarrassed?  That’s all?  He’s clearly violated Bylaw 10.1, which is an ethical violation — in circumstances where no reasonable observer can conclude anything other than that his actions were deliberate,  intentional, and committed repeatedly over a long period of time — even after being directly questioned by OSU’s own attorneys in December.  EMBARRASSED?

But here’s why Gee and Smith, who have lost all moral compass, and who are desperate to save their own jobs, are using the school-girl softball term “embarrassed” to describe OSU’s view of JT’s now obvious deceit and lies:  OSU agreed to this softball language as one more major benefit to Jim Tressel — just as major as the “give-back” of $250G fine, and allowing unfettered access to retirement benefits.  This is hugely important to JT.   So OSU is off spouting nonsense about JT’s moral purity in its NCAA filing, making callow reference to being nonetheless “embarrasses”, as a part of “buying” JT”s further silence and cooperation.  The term “embarrassed” is just more payment to JT to insure his cooperation and silence.

In this sense, they are co-conspirators, colluding to construct a set of “facts” which best “fit” their own selfish purposes.

In a criminal setting (which, absent some finding that the Drug Dealing and Money laundering pled to by the Tat Parlor guy involved one or more OSU players, this is not), the “payments” to JT might potentially subject OSU to criminal investigation and sanction.  But even in a normal civil setting (and remember, this is anything but a “normal” civil setting, since this is the NCAA, a member-run equivalent of an Inter Frat Council, investigating and deciding concerning one of its’ most valuable members, in a situation in which the member “frats” are mammoth money-making machines), the payments to JT would subject JT to cross-exam about all the circumstances.

To use another analogy, the JT’s “testimony” and further participation is not unlike that of a criminal witness who has done a “Plea bargain” with the DA, where he agrees to a substantially reduced sentence, and in turn agrees to testify against other remaining defendants.  That “State’s Witness” is subject to very wide cross-exam by any party, to explore every single detail about the “deal” which that witness got from the State — the underlying premise being that — as we all know from the crime shows — the “benefit” given to the State’s witness by the DA has a high liklihood of motivating the witness to lie.

Here’s OSU’s “payments” to JT motivate him, similarly, to lie, and keep his mouth shut.  JT did one Faustian deal with the devil by hiding the entire mess for 9 months; he — AND Pee Wee and Smith, have just done another deal with the devil, as shown in OSU’s NCAA filing.

About brewonsouthu

lawyer, with interest in college sports and NCAA oversight and decisions, and sports generally.
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