[Patrick Barron]

Signgate The Tenth: All Over But The Shouting, Of Which There Is Plenty Comment Count

Brian November 16th, 2023 at 1:45 PM

What's this? Why no UFR? YouTube just implemented a daily limit of video uploads unless you've gone through a verification process that they have a 24 hour turnaround on. So it'll have to be tomorrow. Instead: this. Hooray!

Seems like everything has happened. I haven't put up one of these posts this week because there hasn't been much to talk about. It seems like everything bad has been reported, more or less, and that the Harbaugh suspension is the only thing that's happening before the NCAA issues a ruling in 2026.

There's a hearing Friday as Michigan seeks to get its temporary restraining order, which I am not qualified to opine about the likelihood of. You seem to get wildly different takes from the various law-talking guys out there.

As far as the NCAA stuff is concerned. It still seems clear that Stalions was operating on his own. Or, at least, it's clear there's no evidence tying anyone else into Stalions's scheme. Michigan set a land speed record for most quickly fulfilled FOIA when Larry Lage asked for Stalions expense reports, of which there are none. This is some small relief since given events that have already transpired there was a nonzero chance Stalions would file reports with column headers like "I NOT BOUND BY THE LAWS OF GOD AND MAN," etc.

Meanwhile, John Harbaugh confirmed what everyone suspected once Jim's contract offer was put back on the table: they went over all of Harbaugh's communications and found nothing.

Not surprising since the Big Ten admitted they had no evidence linking Harbaugh to Stalions immediately before suspending him anyway.

[After THE JUMP: chicanery!]

The money angle. The money angle has not been particularly compelling to me given everything else we know about Stalions, and the fact that he'd managed to get a job at Michigan that had some pretty high upside, salary-wise, if he'd managed to keep it. But FWIW, Josh Henschke has some details on a house that Stalions owned in California when he was at Camp Pendleton that he sold upon taking the analyst job in Ann Arbor. Our man appears to have cleared a nice profit over the course of three years.

The legal chicanery! Raj:

This is because they are solely financial in their motivation and Alston has blown up the ability for the NCAA to restrict these sorts of things:

In recent years, NCAA rules that limit economic competition by member schools have been in serious antitrust trouble. In 2021, the Supreme Court unanimously held that the NCAA’s enforcement of rules limiting member school compensation of student athletes up to the full cost of their education violates Section 1 of the Sherman Act. National Collegiate Athletic Ass’n v. Alston, 141 S. Ct. 2141 (2021).  Six years earlier, the Ninth Circuit reached a similar decision regarding NCAA’s restrictions on student athlete name, image, and likeness rights. O’Bannon v. National Collegiate Athletic Ass’n, 802 F.3d 1049 (9th Cir. 2015). In the more distant past, the Supreme Court held that NCAA limitations on television broadcasting violated the Sherman Act. National Collegiate Athletic Assn. v. Board of Regents of Univ. of Okla., 468 U.S. 85 (1984). The common thread of these cases is that NCAA rules that limit member schools from freely determining how to allocate their resources can run afoul of the antitrust laws, even if (or perhaps because) those rules are designed to achieve intercollegiate economic parity.

I don't think Michigan is going to bring this argument in front of the NCAA directly but it could be another reason—aside from all the good ones, you know—that the NCAA is disinclined to do much more than slap Michigan's wrist.

Another good reason. Bruce Feldman's article on the aftermath of the Wakeyleaks scandal—wherein a guy who Dave Clawson did not retain on staff became a radio announcer for Wake Forest and leaked the Demon Deacons' gameplans to their opponents—is another example of the NCAA looking at a pretty clear violation of the prohibition against in-person scouting and doing nothing. What's more than that, the NCAA learned of Wakeyleaks and did not tell Wake Forest:

That coach asked Clawson if anything ever happened with Elrod. Clawson was confused; despite the notoriety of “WakeyLeaks,” he hadn’t been aware that his friend had known about the scandal.  But the coach told Clawson that he’d actually called the NCAA in 2014 after he got a call from someone he didn’t know; he was trying to give him Wake Forests’ game plans right before they played. It all seemed very fishy and really suspicious, the coach told Clawson.

“Did the NCAA ever get ahold of you?” he asked Clawson.

“Yeah,” Clawson replied, slowly. “Three years later.”

Clawson was incredulous as to why the NCAA didn’t alert his staff after the organization had been tipped off in 2014.

“Maybe the NCAA didn’t feel like it constituted a rules violation. I don’t know,” he told The Athletic. “You’d think they’d have at least given us a heads up. We were compromised for three years. Those next three years could’ve been avoided.”

I have no idea how you turn around and hammer Michigan after literally ignoring that event.

More documents. Michigan supplied a PDF noting that OSU had decoded a lot of Don Brown's signs based on TV:

Not against the rules, of course, but further indication that sign stealing is common, that you can get just about all of it off TV, and that player safety arguments are complete bunk.

Etc: J Brady McCullough on the Pac-12 teams entering the league that are like "wait… what?" A summary of the Michigan and Tom Mars letters to the court if you want to tl;dr it.

Comments

Vasav

November 16th, 2023 at 3:32 PM ^

The scandal here is that at least 3 Big Ten teams gaslit the media, fans and most importantly the league commissioner that this was the worst scandal ever when they were doing the same thing. They CLEARLY knew better. They lied, or at worst, had their heads so far up their own asses they convinced themselves they didn't stink.

Which is just lying to yourself. So yea, 3 lying, crying, gaslighting sign stealers.

Newton Gimmick

November 16th, 2023 at 2:02 PM ^

Unfortunately thus far, the sharper the analysis -- whether law-knowing or ball-knowing -- the less applicability it seems to have to what the Big Ten or NCAA will do.

I mean, Petitti took (easily refuted) MSU and OSU talking points verbatim and put them into legal documents.  They are making this up as they go, and up to 13 other Big Ten schools (plus SEC/ESPN) are cheering it on.

lhglrkwg

November 16th, 2023 at 2:23 PM ^

Yep. If the lawyers mattered id be feeling pretty good. I expect the NCAA to overlook Wakeyleaks then try to hammer Michigan and care 0% about the obvious inconsistency because its the NCAA and the only thing consistent is the inconsistency. Especially because they have half the Big Ten cheering them on as they do it

WalterWhite_88

November 16th, 2023 at 3:28 PM ^

Honest question: If NCAA tried to punish Michigan (even a slap on the wrist) for what Stallions did, could Michigan lawyers appeal and use the precedent set by the Wakey Leaks scandal in which the NCAA didn't care? Or does precedent not matter and the NCAA can pick and choose what wildly inconsistent magnitudes of punishments to hand out with all immunity and Michigan wouldn't have any chance to win the appeal? 

SeaWolv

November 16th, 2023 at 2:37 PM ^

Which is why the relationship with not only the conference but the member institutions may be irreparable. Forcing Michigan to have to leave for fear of being unfairly persecuted again in the future.

The fact that schools like Northwestern, Minnesota or Indiana don't have the self awareness to understand where their bread is buttered is mind numbing. You guys know you're riding the cape right??

RockinLoud

November 16th, 2023 at 2:04 PM ^

The magnitude of the ridiculousness of the B1G response and actions taken on this whole situation will never be able to be adequately expressed in the mere symbols that we call words. Even combining all of the verbal and written words attempting to do so will never be able to. Depending on how things shake out in the end, this will likely go down in history as the biggest sports governing blunder that has ever occurred - at least up to this point. Asinine doesn't even begin to scratch the surface here; maybe there's a German word out there can do more justice.

As others have much more effectively asserted over the last week, at this point I'm not sure how you can stay in this relationship with the B1G if you're Michigan. 

Watching From Afar

November 16th, 2023 at 2:04 PM ^

Quick question on the Don Brown signs thing - some of those screenshots are of the scoreboards inside the stadium showing him. When is that ever captured on the TV broadcast? They never show the scoreboards which are showing the sidelines and it looks like the images are from someone in the pressbox showing the scoreboards.

kjhager444

November 16th, 2023 at 2:33 PM ^

Easy fix.  Take the data points that fit your narrative and only use those ones.  The other data points are irrelevant anyways.

Then you get storylines like this.  Signals take forever to change, but TCU changed them and that's why they won, also Michigan didn't scout them enough, but also OSU knew, but it wasn't enough time to fully change signals, but also Michigan's scoring went down this week without Stallions.  It's simple.

J. Redux

November 16th, 2023 at 2:33 PM ^

My assumption this whole time is that they've been from an OSU person recording the scoreboard, and then turning around and saying "I wasn't recording the sidelines, so it's not against the rules.  It's not my fault if the scoreboard sometimes includes a picture of the coach"

And, you know what?  My take on this is that, if defensive signals are that important, Don Brown should be ashamed of himself for using the same damned signs every year.  In truth, I don't think they're that important, because Don Brown's defense could be summed up as "man coverage with a lot of pressure."  I don't think OSU beat Michigan because they knew Don Brown's signs, but if they did, more power to them, and I hope Jesse Minter is smarter than that.

Wallaby Court

November 16th, 2023 at 2:22 PM ^

I have not committed myself to a comprehensive study and catalogue of Balas' oeuvre, but he seems to have shifted from trustworthy insider to hysterical click-merchant. MGoBoard's second-hand descriptions of his posts always seem to start by taking Balas' overwrought headline at face value before someone with a subscription chimes in, clarifies that Balas has nothing but vague innuendo and unfalsifiable insinuations about future events to back the headline.

Ultimately, nothing happens, everyone forgets what was supposed to transpire, and Balas starts the cycle anew. The goal is to sell subscriptions; the promise of insider knowledge is the (illusory) bait.

MGlobules

November 16th, 2023 at 3:08 PM ^

Maybe I'm just too stubborn. But I have been noting here every other day for several weeks that Stalions handed the data, what he learned, probably reports, to someone. That link--how high up the chain his influence and ideas traveled--has got to be of interest to investigators, and has not been revealed. To this extent, I worry that those protesting that we have already learned all that we're going to learn are sticking their fingers in their ears, maybe even giving themselves Wet Willies.

Yes, it's stupid; one shouldn't have to note that after weeks and weeks among friends. We know that the world is unfair and that assholes often write the laws and make the rules. But when someone is looking for ways to pound you they're not interested in the fact that the world is full of similar violence and corruption. They are trying to nail you for a fucking rule.

EDIT: Why, if the court couldn't issue an immediate decision last week, did it put the whole thing off for a whole 'nother week?

jimmyshi03

November 16th, 2023 at 2:07 PM ^

As someone who once lived in San Clemente, on the line with Pendleton, even if Stalions had actively relieved himself on the floor repeatedly, while chain smokeing four packs a day, he'd clear a tidy profit. 

MGlobules

November 16th, 2023 at 3:26 PM ^

As I learned during two stints in SF, the fact that you can make money on real estate--providing you have some--does not mean that you can't lose your money on many other things. CA has the highest cost of living in the country--and the highest poverty rate, adjusted for it--of any state, including the states we think of as pathetic. I love it, and it has broken my heart two times to leave it, but it is in many ways an illusory paradise.