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  1. #81
    Join Date
    Feb 2007
    Location
    Washington, D.C.

    Interesting question

    Quote Originally Posted by House G View Post
    Heís said heís exercising his constitutional rights, by which I assume he means his right to remain silent and that he should still be able to coach.

    In a civil action, a jury can draw an adverse inference from the assertion of the right to remain silent. Donít see why LSU canít do the same, but I havenít researched this.

  2. #82
    Join Date
    Nov 2007
    Location
    Vermont
    Quote Originally Posted by MChambers View Post
    Heís said heís exercising his constitutional rights, by which I assume he means his right to remain silent and that he should still be able to coach.

    In a civil action, a jury can draw an adverse inference from the assertion of the right to remain silent. Donít see why LSU canít do the same, but I havenít researched this.
    Watching him the day the scandal broke hemming and hawing in front of the press was really painful...guess he didn't know about the virtues of silence then.

  3. #83
    Quote Originally Posted by House G View Post
    Here is a reformatted link for those who descend into uncontrolled rage in response to Google's nefarious AMP scheme: link

  4. #84
    Join Date
    Feb 2007
    Location
    Deeetroit City
    Quote Originally Posted by House G View Post
    If he won't answer questions, what good does it do him to coach?

    As I ask the question, the answer is clear, this is his clear chance to coach a team to the Sweet Sixteen, Elite 8, and perhaps Final Four. Since he will be out of a job, a run in the tournament will look great on the resume.

    As for the boosters, whatever crime has been committed is complete, so the team may as well win as much as it can while it can. UM still takes pride in the Championship game appearances by the Fab 5, even though they were stricken from the records.

  5. #85
    Quote Originally Posted by MChambers View Post
    Heís said heís exercising his constitutional rights, by which I assume he means his right to remain silent and that he should still be able to coach.

    In a civil action, a jury can draw an adverse inference from the assertion of the right to remain silent. Donít see why LSU canít do the same, but I havenít researched this.
    He is exercising his rights to not comment. LSU is within their rights to not let him coach.

    Seems straight forward to me.

    If LSU had any moral compass, they would recognize how likely all their wins are to be stricken from the books, and decline a bid.

    But that won't happen because $$$$$$$

  6. #86
    Wade's statement is ridiculous. The school (and NCAA for that matter) have every right to ask him the questions irrespective of his constitutional right against self-incrimination, which has nothing to do with the administrative proceedings involving LSU or the NCAA (and, yes, it is perfectly appropriate in civil litigation to make an "adverse inference" as to what someone's testimony would have been had they not invoked their 5th amendment right to be silent).

    On top of which, it is extraordinarily telling that nowhere in his lengthy statement does Wade deny that: (1) there's a wiretap of a phone call in which he's discussing paying for Smart, (2) he had such a phone call, or (3) he paid for Smart.

    Any of those would be fireable offenses -- even (1) or (2) would be, irrespective of whether or not (3) happened.

  7. #87
    Join Date
    Feb 2007
    Location
    Hot'Lanta... home of the Falcons!
    Quote Originally Posted by Nugget View Post
    On top of which, it is extraordinarily telling that nowhere in his lengthy statement does Wade deny that: (1) there's a wiretap of a phone call in which he's discussing paying for Smart, (2) he had such a phone call, or (3) he paid for Smart.

    Any of those would be fireable offenses -- even (1) or (2) would be, irrespective of whether or not (3) happened.
    Ding ding ding... the fact that Wade doesn't even say, "Let's wait until all the facts are known to judge if I did anything wrong" or something like that is very telling. There is no chance the school lets him coach. This statement was basically a legal move so he could later say in court (or in settlement negotiations) that he really, really wanted to coach so he deserves to be paid.

    -Jason "the NCAA selection committee is really in a bind when it comes to LSU -- as others have noted, the school should turn down a bid" Evans
    I don't know what you are doing right now, but if you aren't listening to the DBR Podcast, you're doing it wrong.

  8. #88
    Join Date
    Feb 2007
    Location
    Deeetroit City
    Quote Originally Posted by JasonEvans View Post
    ...
    -Jason "the NCAA selection committee is really in a bind when it comes to LSU -- as others have noted, the school should turn down a bid" Evans
    Why? Perhaps I'm a bit jaded by the unc scandal. But LSU isn't going to be in position to play in the Final Four again for a long, long, long time. Why not enjoy it while it lasts.

    Then hire the same attorneys as unc, who must have some really sordid pictures of members of the NCAA infractions committee.

  9. #89
    Join Date
    Feb 2007
    Location
    Seattle, WA
    Quote Originally Posted by Mtn.Devil.91.92.01.10.15 View Post
    He is exercising his rights to not comment. LSU is within their rights to not let him coach.

    Seems straight forward to me.
    I always love when targets of a criminal investigation get confused about what the constitutional right against self-incrimination provides. It provides just that - the right not to have to incriminate yourself in a criminal proceeding. What it most certainly does NOT provide is the right to be free from any other non-criminal consequences that might flow from the exercising the right against self-incrimination. That was a laughable statement.
    Just be you. You is enough. - K, 4/5/10, 0:13.8 to play, 60-59 Duke.

    You're all jealous hypocrites. - Titus on Laettner

    You see those guys? Animals. They're animals. - SIU Coach Chris Lowery, on Duke

  10. #90
    Quote Originally Posted by pfrduke View Post
    I always love when targets of a criminal investigation get confused about what the constitutional right against self-incrimination provides. It provides just that - the right not to have to incriminate yourself in a criminal proceeding. What it most certainly does NOT provide is the right to be free from any other non-criminal consequences that might flow from the exercising the right against self-incrimination. That was a laughable statement.
    Well, actually what he said was that he was exercising his constitutional right to due process, which is a different thing, and also not quite so laughable. Any statements he makes in these interviews can be used against him later at a trial should he be indicted. I don't know civil law but those statements may also cause trouble for him in a civil suit. His lawyer was right to tell him not to speak with the university at this point. With that said, the university can take the steps it needs to take. Also, I actually thought the statement Wade put out was pretty decent and in line with what an attorney would tell you, which is to say absolutely nothing about the case. Still, if the reports of what is on those tapes are accurate, he does seem scr##ed!

  11. #91
    Join Date
    Feb 2007
    Location
    Seattle, WA
    Quote Originally Posted by SueAxe View Post
    Well, actually what he said was that he was exercising his constitutional right to due process, which is a different thing, and also not quite so laughable. Any statements he makes in these interviews can be used against him later at a trial should he be indicted. I don't know civil law but those statements may also cause trouble for him in a civil suit. His lawyer was right to tell him not to speak with the university at this point. With that said, the university can take the steps it needs to take. Also, I actually thought the statement Wade put out was pretty decent and in line with what an attorney would tell you, which is to say absolutely nothing about the case. Still, if the reports of what is on those tapes are accurate, he does seem scr##ed!
    I don't think Wade choosing not to incriminate himself is laughable, and I agree that any reasonable lawyer would tell Wade to do the same thing. I think Wade saying he should be immune from the consequences his employer has chosen to impose if he refuses to speak with his employer because of unspecified constitutional rights that don't actually apply to LSU's choice not to allow Wade to continue coaching is laughable.
    Just be you. You is enough. - K, 4/5/10, 0:13.8 to play, 60-59 Duke.

    You're all jealous hypocrites. - Titus on Laettner

    You see those guys? Animals. They're animals. - SIU Coach Chris Lowery, on Duke

  12. #92
    Quote Originally Posted by pfrduke View Post
    I don't think Wade choosing not to incriminate himself is laughable, and I agree that any reasonable lawyer would tell Wade to do the same thing. I think Wade saying he should be immune from the consequences his employer has chosen to impose if he refuses to speak with his employer because of unspecified constitutional rights that don't actually apply to LSU's choice not to allow Wade to continue coaching is laughable.
    Fair enough.

  13. #93
    ESPN ticker reports that LSU says Wade will continue to stay out as ďHe has yet to deny any wrongdoingĒ. This seems clear enough to me. Of course, he has the right to refuse to talk, but the university has the right to suspend him if they suspect he might have done something wrong.

  14. #94

    LSU reinstates Will Wade

    I doubt this is the end of the story but I didnít expect to see this happen.

    ďLSU has reinstated Will Wade as its men's basketball coach, Tigers athletic director Joe Alleva announced Sunday night.

    "Coach Wade met Friday with University and NCAA officials," Alleva said in a statement. "During those meetings, he answered all questions and denied any wrongdoing in connection with recently reported allegations of irregularities in college basketball recruiting.Ē

    http://www.espn.com/mens-college-bas...e-ncaa-meeting

  15. #95
    That was a world-class news dump by LSU. Right after Tiger wins the Masters and before the final season premiere of Game of Thrones? SEC ADs are on another level.

  16. #96
    Join Date
    Feb 2007
    Location
    Raleigh
    Quote Originally Posted by DarkstarWahoo View Post
    That was a world-class news dump by LSU. Right after Tiger wins the Masters and before the final season premiere of Game of Thrones? SEC ADs are on another level.
    And, with L$U's AD, it depends on the water level...
    [redacted] them and the horses they rode in on.

  17. #97
    Quote Originally Posted by devildeac View Post
    And, with L$U's AD, it depends on the water level...
    Ole Joe doesnít believe court statements and transcripts, but believes stripper statements fed through a UnCheat DA.

  18. #98
    Join Date
    Apr 2010
    Location
    Raleigh, NC
    Will never forget Alleva saying "the truth doesn't matter".

  19. #99
    Join Date
    Feb 2007
    Location
    Deeetroit City
    Quote Originally Posted by roge054 View Post
    Will never forget Alleva saying "the truth doesn't matter".
    At least he's consistent

  20. #100
    Join Date
    Feb 2007
    Location
    Greensboro, NC
    Quote Originally Posted by BD80 View Post
    At least he's consistent
    I think the actual quote was "It's not about the truth anymore."
    Man, if your Mom made you wear that color when you were a baby, and you're still wearing it, it's time to grow up!

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