Penn st appealing?

[DwayneTwill]

A prominent lawyer in Los Angeles sent me the following opinion:

"I am one of the very few persons in the U.S. who has downloaded, printed,
and read every word of the Freeh Report. So I have the disadvantage
of knowing what I am talking about.

I think when the case eventually gets into the Federal court, Penn State
will win. The Penn State trustees are asserting that Mr. Erickson did not
have authority to enter into the consent decree. The NCAA response is that
Penn State was looking down the gun barrel at a four year "death penalty"
if Erickson did not sign the consent decree.

In the law, that is called "coercion" which is something we learn about in
our first year of law school.

I think all aspects of the NCAA penalty against Penn State can be affirmed
EXCEPT the $60 million fine. That is a "taking" of property without due
process of law. I am not aware of any other cases in which the NCAA has
imposed anything that even resembles such an enormous and onerous fine.

Penn State's Board of Trustees will have some good, high-priced lawyers who
will assert the arguments I have described above, and a lot more."

That guy doesn't know his *** from a hole in the ground.

 

[OO44]

Another legal eagle's response:

"1. They do not clearly entitle the organization to punish Penn State. The way they have selectively chosen to enforce it in the past (Baylor basketball coach covered up a murder and they didn’t invoke it) would work against them in court.

2. The President of Penn State acted without consulting the BOT. The university by-laws do not allow the President to write checks prior to consulting the BOT, which happened in this case.

3. Louis Freeh’s report has more holes than Barack Obama’s birth certificate. I’ve read it in its entirety and the conclusion that this was a massive coverup to protect the university’s image is not even remotely supported at all by the facts in his report. Louis Freeh also recently wrote a report on a FIFA (soccer) President that resulted in the man’s lifetime ban from the sport. That ban was lifted last month by a Swiss court that ruled Freeh’s conclusions didn’t match the evidence provided. (Sound familiar?). Louis Freeh is also a left-wing political hack who ran a very shady FBI back in the 90s. Guess what Joe Paterno was? A life-long conservative Republican. Freeh was hired to do exactly what he did. Pin it all on Paterno."

 

[jackl]

A prominent lawyer in Los Angeles sent me the following opinion:

"I am one of the very few persons in the U.S. who has downloaded, printed,
and read every word of the Freeh Report. So I have the disadvantage
of knowing what I am talking about.

I think when the case eventually gets into the Federal court, Penn State
will win. The Penn State trustees are asserting that Mr. Erickson did not
have authority to enter into the consent decree. The NCAA response is that
Penn State was looking down the gun barrel at a four year "death penalty"
if Erickson did not sign the consent decree.

In the law, that is called "coercion" which is something we learn about in
our first year of law school.

I think all aspects of the NCAA penalty against Penn State can be affirmed
EXCEPT the $60 million fine. That is a "taking" of property without due
process of law. I am not aware of any other cases in which the NCAA has
imposed anything that even resembles such an enormous and onerous fine.

Penn State's Board of Trustees will have some good, high-priced lawyers who
will assert the arguments I have described above, and a lot more."

The threat of a stiffer penalty is NOT coercion. He doesn't know what he's talking about.

 

[OatesStache]

3. Louis Freeh’s report has more holes than Barack Obama’s birth certificate. I’ve read it in its entirety and the conclusion that this was a massive coverup to protect the university’s image is not even remotely supported at all by the facts in his report. Louis Freeh also recently wrote a report on a FIFA (soccer) President that resulted in the man’s lifetime ban from the sport. That ban was lifted last month by a Swiss court that ruled Freeh’s conclusions didn’t match the evidence provided. (Sound familiar?). Louis Freeh is also a left-wing political hack who ran a very shady FBI back in the 90s. Guess what Joe Paterno was? A life-long conservative Republican. Freeh was hired to do exactly what he did. Pin it all on Paterno."

Have you ever herped so hard you derped?

 

[jackl]

Another legal eagle's response:

"1. They do not clearly entitle the organization to punish Penn State. The way they have selectively chosen to enforce it in the past (Baylor basketball coach covered up a murder and they didn’t invoke it) would work against them in court.

2. The President of Penn State acted without consulting the BOT. The university by-laws do not allow the President to write checks prior to consulting the BOT, which happened in this case.

3. Louis Freeh’s report has more holes than Barack Obama’s birth certificate. I’ve read it in its entirety and the conclusion that this was a massive coverup to protect the university’s image is not even remotely supported at all by the facts in his report. Louis Freeh also recently wrote a report on a FIFA (soccer) President that resulted in the man’s lifetime ban from the sport. That ban was lifted last month by a Swiss court that ruled Freeh’s conclusions didn’t match the evidence provided. (Sound familiar?). Louis Freeh is also a left-wing political hack who ran a very shady FBI back in the 90s. Guess what Joe Paterno was? A life-long conservative Republican. Freeh was hired to do exactly what he did. Pin it all on Paterno."

At this point,the accuracy of Freeh's report is irrelevant. Penn State accepted it, more importantly they signed the consent decree. 4 out of 32 BOT members don't have standing to do anything about it.

 

[BabcockIC]

A prominent lawyer in Los Angeles sent me the following opinion:

"I am one of the very few persons in the U.S. who has downloaded, printed,
and read every word of the Freeh Report. So I have the disadvantage
of knowing what I am talking about.

I think when the case eventually gets into the Federal court, Penn State
will win. The Penn State trustees are asserting that Mr. Erickson did not
have authority to enter into the consent decree. The NCAA response is that
Penn State was looking down the gun barrel at a four year "death penalty"
if Erickson did not sign the consent decree.

In the law, that is called "coercion" which is something we learn about in
our first year of law school.

I think all aspects of the NCAA penalty against Penn State can be affirmed
EXCEPT the $60 million fine. That is a "taking" of property without due
process of law. I am not aware of any other cases in which the NCAA has
imposed anything that even resembles such an enormous and onerous fine.

Penn State's Board of Trustees will have some good, high-priced lawyers who
will assert the arguments I have described above, and a lot more."

I do not understand why it is a legal matter. In my understanding it is a private membership that schools apply for. If they want to remain in the NCAA they abide by their rulings or they just have to choose to try and operate outside of them.

 

[DwayneTwill]

I do not understand why it is a legal matter. In my understanding it is a private membership that schools apply for. If they want to remain in the NCAA they abide by their rulings or they just have to choose to try and operate outside of them.

Yes. 44's friend Benny has no clue what he's talking about.

 

[HawkeyeinMexico]

The "prominent lawyer" is a moron. It is very common in many legal cases to give a defendant the option of accepting a lesser charge rather than going to court for a more serious charge. Kick PSU out of the NCAA and send them to the NAIA.

 

[dmackindm]

In the law, that is called "coercion" which is something we learn about in
our first year of law school.

Are you saying NCAA took Penn State to the Shower's

 

[HawkeyeinMexico]

In the case of Freeh and a FIFA official, said official paid $40,000 each to a bunch of banana republics so they would vote for him for president. This has been proven. FIFA is more corrupt than a holy roller preacher.

 

[gohawkz]

Those bastards got off so easy. They need to shut that filthy program down.

People saying that this is worse than the death penalty are flat out lying. They can't play in bowl games for a few years? Cry me a river.

Iowa State never let little gets get raped and they go decades without a bowl game.

 

[big10fan]

Finally, even if there's legal merit to overturn the $60 million, PSU ought to freakin' VOLUNTEER spending that amount on anti-abuse charities. McCombie's action does nothing but prolong the pain for PSU and cement a public perception of "they just don't get it". The board and university would be wise to issue a strong statement of disavowal.

THIS! Wonder what the other board members have to say?

 

[BergHawk7]

Penn st is acting like my three year old nephew when he doesnt want to go to the time out chair. Crying and yelling that these santctions are unfair and trying to get out of it. I had so much respect for penn st before all this, but now with every story that comes out that embarassese them even more, makes me sick and just leads me to want them out of the B1G. Jeez at this point I wouldnt mind Rutgers coming in.

 

[atxhawk]

I've said from the beginning that the NCAA would have trouble making actually getting anything to stick in regards to sanctions, but this is just f'n stupid on PSU's part. To agree with the sanctions and then later decide that nahhhhh, we think we should get off without penalty is frankly, sickening. It is just helping to reinforce the perception that football takes precedent over doing what is right. Now I hope they do end up getting a multi-year death penalty.

 

[jackl]

I'm to the point that i hope one of these nut jobs figures out a way to get the NCAA in to federal court. That would give the NCAA subpoena power, then they could do a full blown investigation and turn over every rock in Happy Valley.

 

[Cover3]

A prominent lawyer in Los Angeles sent me the following opinion:

"I am one of the very few persons in the U.S. who has downloaded, printed,
and read every word of the Freeh Report. So I have the disadvantage
of knowing what I am talking about.

I think when the case eventually gets into the Federal court, Penn State
will win. The Penn State trustees are asserting that Mr. Erickson did not
have authority to enter into the consent decree. The NCAA response is that
Penn State was looking down the gun barrel at a four year "death penalty"
if Erickson did not sign the consent decree.

In the law, that is called "coercion" which is something we learn about in
our first year of law school.

I think all aspects of the NCAA penalty against Penn State can be affirmed
EXCEPT the $60 million fine. That is a "taking" of property without due
process of law. I am not aware of any other cases in which the NCAA has
imposed anything that even resembles such an enormous and onerous fine.

Penn State's Board of Trustees will have some good, high-priced lawyers who
will assert the arguments I have described above, and a lot more."

1. The NCAA is not a governmental body, and is therefore not constrained by the Due Process Clause.

2. Asserting coercion to set aside an agreement in court likely requires more than facing a less desirable involuntary economic result. The NCAA was granted coercive powers by its founding and member institutions (like Penn State). All Penn State did in agreeing to the sanctions was waive its right to the full, traditional NCAA investigative process. They were not literally "looking down [a] gun barrel," which is the traditional legal meaning of coercion.

 

[Thawki]

Yes, but since last fall, I have found pedo state VERY unappealing.
crap t-shirt = GONE

I am curious as to why someone that is an Iowa fan would pay money for collegiate apparel from another Big Ten school. I Don't think it has ever dawned on me to do that.

 

[Thawki]

There is no doubt. The Paterno family appealed for nothing but grandstanding, so the cultists could see they were 'fighting' for them...I have not read this, but would guarantee that Lubrano guy is one of them. It's a dog and pony show

I highly doubt the Paternos are grandstanding for their faithful. They are trying to get the wins back for their patriarch so he would have ownership of the all-time wins record. That is something completely different in my book.

I am not justifying the motive, but simply clarifying what I believe it to be.

 

[Thawki]

Penn St is a WILLING member of the ncaa.
They're free to leave whenever they want. lol
They can also be voted out of the ncaa, which is the REAL death penalty.

This issue is just going to go on and on and on. Its an embarrassment for the B1G & if Jim Delany won't remove PSU, he should be removed as commish.

THIS. And the Big Ten can also threaten them with quite a bit.

I am not an attorney, but the NCAA could certainly be told that they need to give due process and then turn around and "give" due process in theory right before they give them the death penalty. They cannot win. Also, I don't understand how several trustee board members can appeal something. I would think the entire Board as a group could, but not individuals that happen to be members of the board.

Now THAT is grandstanding for the faithful.

 

[Thawki]

A prominent lawyer in Los Angeles sent me the following opinion:

"I am one of the very few persons in the U.S. who has downloaded, printed,
and read every word of the Freeh Report. So I have the disadvantage
of knowing what I am talking about.

I think when the case eventually gets into the Federal court, Penn State
will win. The Penn State trustees are asserting that Mr. Erickson did not
have authority to enter into the consent decree. The NCAA response is that
Penn State was looking down the gun barrel at a four year "death penalty"
if Erickson did not sign the consent decree.

In the law, that is called "coercion" which is something we learn about in
our first year of law school.

I think all aspects of the NCAA penalty against Penn State can be affirmed
EXCEPT the $60 million fine. That is a "taking" of property without due
process of law. I am not aware of any other cases in which the NCAA has
imposed anything that even resembles such an enormous and onerous fine.

Penn State's Board of Trustees will have some good, high-priced lawyers who
will assert the arguments I have described above, and a lot more."

I guess I don't quite get how theory of how things work in a court of law have anything to do with how things function in a club that someone joins voluntarily?