Motion to Dismiss--Link

Ralph D. Russo ‏@ralphDrussoAP 40m
Miami's relenteless double-barreled, bird-flipping at the NCAA is now becoming downright amusing.
 
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‏@ByTimReynolds
I'll just say this: Some of the things that still haven't come out in this Miami case are wild. Strap in, this bumpy ride isn't over yet.

‏@ByTimReynolds
A lawyer friend who's not involved in the NCAA case read every document that I have tonight. Interesting trends emerged, to come out soon.

@ByTimReynolds
RT @Art_est: Percent that Miami case is dismissed. > I still say zero. But I'm starting to really think they will ultimately win.

Reynolds has been hinting for awhile that there is more...especially with regards to the reasons Ameen Najjar was fired. This guy is a writer...so why not write? I appreciate that he has had our back....but even aside from that if he has stuff...wouldn't it be the whole point of his job to put out a big story of what he has uncovered. What is Reynolds waiting for?
 
‏@ByTimReynolds
I'll just say this: Some of the things that still haven't come out in this Miami case are wild. Strap in, this bumpy ride isn't over yet.

‏@ByTimReynolds
A lawyer friend who's not involved in the NCAA case read every document that I have tonight. Interesting trends emerged, to come out soon.

@ByTimReynolds
RT @Art_est: Percent that Miami case is dismissed. > I still say zero. But I'm starting to really think they will ultimately win.

Reynolds has been hinting for awhile that there is more...especially with regards to the reasons Ameen Najjar was fired. This guy is a writer...so why not write? I appreciate that he has had our back....but even aside from that if he has stuff...wouldn't it be the whole point of his job to put out a big story of what he has uncovered. What is Reynolds waiting for?

I'm a Reynolds fan, but I think he's full of **** on this deal. If he had info he'd be printing it and making money off it.
 
If you feel like throwing your mouse across the room, read the 4 or 5 pages on Durand Scott (Student 2) beginning on page 30. Scott got used like a pawn by the NCAA.
 
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I read the whole thing too, with a keen eye for this shi-. what it says to me is, here is your one warning shot across the bow, ball's in your court. This is an outline of what will be in a massive federal lawsuit designed to bring down the NCAA or at least its enforcement arm and force a redesign of tis entire department. Emert will be named individually, so will many others. Intentional concealment, misrepresentations, fraud, gross negligence. If the NCAA doesn't respond, and continues to act as if their misdeeds (as documented meticulously in this motion) are no big deal, that in and of itself will be used against them later in civil suit depositions (i.e., so what did you think about this; did you investigate these charges further before you lowered the hammer at the June 15 hearing; why didn't you clarify that point and concede any missteps; don't you now agree in retrospect that they were right about this point, that point, the other; you had the chance to respond and correct any misinformation, misrepresentations, inaccuracies in the Caldwalder report, etc. and you didn't; why not?). They will be in a world of hurt if they stand idly by and accept everything as presented.

this is the warning. This is the blueprint. Discovery of the NCAA emails in a federal suit will establish clearly who knew what and when about all these issues, and that they were told to shut up, delete, or not to worry for whatever callous reason. Sure, there will be arguably incriminating emails on the U's end, but the trial will center around what the NCAA did wrong, not around the U at that point.

It's finally happening, the demise of a greedy and corrupt organization that falsely projected itself as the protector of student-athletes. I hope they all get the "death penalty."
 
If you can spend the time, I HIGHLY RECOMMEND EVERYONE READ THE ACTUAL LETTER.

Cliffs Notes cannot possibly do justice to the degree of corruption/incompetence we were subjected to.

I was floored by much of it, but in particular:

- the NCAA lied multiple times about Kyle Write (student 1). They blatantly made up a story that he contacted them, which was completely untrue. They contacted him only after the Allen depo, and pretended that was not th case so as to be able to still use that info.

- the student 2 (durand scott) suspension the day of the ACCT. Truly disgraceful.

- the dozens of players who denied allegations were considered untruthful. If u didn't respond u were guilty. If you denied the allegations, u were still guilty!!!

- the reliance on a pre Axxess opinion of Shapiro, told to non AD staffers, in 2002, as cause for LOIC!

I have often wondered if it really could be true that the NCAA is out to get certain programs (USC, Boise, us), but reading this I'm floored just how obvious it is.
 
For the NCAA to have focused on pinning Miami because we're not in the SEC, they'd have to be a little more well organized.

But it is obvious that, whatever the reason, the enforcement arm of the NCAA went whacko in its efforts to get us.

Shot themselves in the foot.

With a 16 gauge.

Amazing Motion from Glazier. Wordy, sure, but in the legal world, you gotta tell 'em what you're gonna tell 'em, tell 'em, and then tell 'em what you just told 'em.

Glazier > Cadwalader
 
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I'm going to make a prediction based on nothing but a hunch. I think some of the stuff Reynold's is hinting at is going to include the involvement of the NCAA in getting the Yahoo hit piece published.
 
Amazing Motion from Glazier. Wordy, sure, but in the legal world, you gotta tell 'em what you're gonna tell 'em, tell 'em, and then tell 'em what you just told 'em.

I just hope the Committee on Infractions takes the time to read the whole thing. A lot of judges won't read past 15 pages, if that.
 
This summary of the argument perfectly encapsulates what happened:

The Investigation was corrupted from the start. Almost immediately, the NCAA’s senior leadership went public with statements regarding the potential applicability of the “death penalty.” These statements were made before any substantive investigation had occurred and long before any such statements could possibly be based on any competent evidence. Once the case had been inappropriately pre-judged at the highest level, the enforcement staff was emboldened – and perhaps, tacitly encouraged – to engage in a pattern of bad faith behavior that did not comply with the NCAA’s rules and principles so as to “nail” the University. The Investigation was not a bona fide inquiry into determining what transpired; instead, it immediately deteriorated into a witch hunt predicated on a convicted felon’s delusional desire for revenge. The damage wreaked from such misbehavior was exacerbated by the gross incompetence and mismanagement of the enforcement staff.
 
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Emmert dismisses the Auburn allegations of coaches paying players by a respected sportswriter as a newspaper story but puts the death penalty publicly on the table based on a yahoo story written by an un respected journalist,Robinson,when it is Miami.Emmertt is not impartial,honest,nor has noble interest at heart.He will ruin kids,coaches,and schools and throw them under the bus unjusifiably to enhance his personal resources.
 
Wow, that's some beautiful stuff. This needs to end, now.

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I still have a bad feeling about this. I do not believe the NCAA will drop everything. I believe they think they are higher than the law and will continue on to some extent. LOIC is a joke. We are beyond the statue of limitations on many of the things noted, yet the NCAA could give a F@ck if they break the law. Give me a ***ing break!!! I think previous punishment is justice enough. NCAA should give it a rest, but I just don't think they will.
 
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Durand Scott was robbed and we were really screwed as a result.

I believe we lost to FSU by 11 points in the ACCT. As some of you remember we had a shot (not the greatest) of making the NCAA Tourney. Perhaps if Durand Scott plays in the game, we have a shot of beating FSU and making the NCAA Tourney.

If we win this game, I think we would have been in. We would have beaten another ranked team (FSU #17) and should have been in the tourney.
 
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‏@ByTimReynolds
I'll just say this: Some of the things that still haven't come out in this Miami case are wild. Strap in, this bumpy ride isn't over yet.

‏@ByTimReynolds
A lawyer friend who's not involved in the NCAA case read every document that I have tonight. Interesting trends emerged, to come out soon.

@ByTimReynolds
RT @Art_est: Percent that Miami case is dismissed. > I still say zero. But I'm starting to really think they will ultimately win.

Reynolds has been hinting for awhile that there is more...especially with regards to the reasons Ameen Najjar was fired. This guy is a writer...so why not write? I appreciate that he has had our back....but even aside from that if he has stuff...wouldn't it be the whole point of his job to put out a big story of what he has uncovered. What is Reynolds waiting for?

Reynolds obviously has a source leaking info to him. If the source says "not yet" then Reynolds cant disclose or he no longer has a source.
 
I still have a bad feeling about this. I do not believe the NCAA will drop everything. I believe they think they are higher than the law and will continue on to some extent. LOIC is a joke. We are beyond the statue of limitations on many of the things noted, yet the NCAA could give a F@ck if they break the law. Give me a ***ing break!!! I think previous punishment is justice enough. NCAA should give it a rest, but I just don't think they will.

They will try and save some face on this. They are too arrogant not to. They are run by a punch of guys who would be killing it in politics if it paid better. Filthy snakes who dont care what happens to the people they govern as long as they are happy.
 
As great as all this is, I can't shake the feeling that the NCAA's smirking and waiting to play the "**** you, we're the NCAA, we're about to show you what happens when programs get uppity" card, and then just wait to pounce on us if we sneeze incorrectly for the next 50 years.
 
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