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.


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?


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.


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.


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!


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.


About brewonsouthu

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