M denies FOIA request for WD email

Submitted by Jon06 on

"Your request is denied because no responsive records exist."

Discuss.

aplatypus

October 23rd, 2014 at 6:51 PM ^

that's pretty crazy and possibly illegal.

I understand small user mailbox limits and even short retention periods for things, but federal law requires all email that may be relevant to current or future litigation has to be archived. This one probably wouldn't be an issue there, but I find it hard to believe a univeristy as large as Michigan would let all of Brandon's (or any administator's) messages be permanently deleted in a week.

WolvinLA2

October 23rd, 2014 at 5:59 PM ^

The most surprising thing here is that when a message board poster says that the DIRECTOR OF ATHLETICS of a major university emailed a fan telling them to find another team to cheer for, everyone believes it, and does so until an FOIA request reveals it was false.

This just shows how easily people will believe negative things about people they don't like (and I'm sure the opposite is true as well).  I believe that's confirmation bias.  

Bando Calrissian

October 23rd, 2014 at 6:02 PM ^

The thing is, there were even people firmly in the Fire DB camp that were urging extreme skepticism on this, and WD kicked the can down the street because he had literally nothing to prove it was real. I'm all for making DB look like the buffoon he is, but this was utterly and transparently dubious.

FreddieMercuryHayes

October 23rd, 2014 at 6:04 PM ^

To be fair, that supposed e-mail is just one of many independent reports from various people that report the same assholish type behavior from Brandon. Three years ago people wouldn't believe it, but after several years of anecdotes about that type of behavior from Brandon, it becomes much easier to believe.


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Bodogblog

October 23rd, 2014 at 9:51 PM ^

Yeah, I heard someone last week tell me this same type of story. Who was it? His friend's aunt, 30 year season ticket holders who asked a reasonable question. Bullshit, stemming from WD's, almost certainly. Do any of these people have the actual email? Nope. This type of bullshit is not OK, and it's nonsense to invoke other hearsay Bullshit as a justification.

Wendyk5

October 23rd, 2014 at 6:39 PM ^

http://www.nytimes.com/2014/10/26/magazine/what-if-age-is-nothing-but-a…

 

Within this very interesting article about positive psychology is the mention of a study about this very thing (although not about people they don't like, but about labels - in this case job applicant vs. patient). In any case, it's well worth reading, especially if you're heading up into your 40's, 50's and beyond. 

SalvatoreQuattro

October 23rd, 2014 at 6:03 PM ^

and sources better than an aunt. I was suspicious the minute WD stated that the original email to Brandon was not extant

WD, learn from this. Exuberance of youth often leads the well-meaning astray. This case is proof of that.

julesh

October 23rd, 2014 at 6:06 PM ^

Am I the only one here who remembers the original post? The source of the email was WD's (female) friend, who got it from her aunt. Why does everyone go on about WD's aunt? It's not his aunt!

MGolem

October 23rd, 2014 at 6:10 PM ^

about WD getting banned for getting something wrong on the internet...I know MGoblog is the foremost Michigan sports blog in the universe but people get stuff wrong. Its part of life. A good natured ribbing of WD should suffice. Brandon is still a shitty AD and that is all that really matters here. If actual people in the know are correct Brandon will be yesterday's news very soon.

MGolem

October 23rd, 2014 at 6:46 PM ^

Who post interesting Michigan sports related anecdotes and amusing quirks regarding their Michigan themed wardrobes on a Michigan themed sports blog...

wait, no I don't, and I don't understand why anyone else does either.

I think WD is the epitome of who you want on a blog like this.  He is a die-hard Michigan fan who has been a contributor here since the age of 14. Give the kid a break.

coldnjl

October 23rd, 2014 at 8:18 PM ^

Straw man argument. The reality is he fabricated a email in order to drum up hate for DB and get him fired. Dave Brandon should be fired (or not?) based only on the success of the athletic program and his ability to translate the provided experience to all UM fans. 

MGolem

October 24th, 2014 at 12:26 AM ^

lies strictly with the treatment WD is getting. He fucked up, we are mostly in agreement there, but there are actual people on the other end of these cyber handles and sometimes those people do unfortunate things when they feel isolated or targeted. Despite his seemingly infinite number of MGoPoints WD is often targeted for unwarranted negs and negative comments because people don't like him. This shit is all fun and games until it becomes a bullying situation and I for one will do my part to prevent that.

 

GoBLUinTX

October 24th, 2014 at 1:46 AM ^

WD is not the victim here, Dave Brandon is.  It is Dave Brandon that is the target of a smear campaign...bad enough when it's his own failings that are being smeared in his face, he doesn't need vicious false accuasations to fend off as well.  Brandon has done things and said things that people love to mock and denigrate, but as far as I know, he has yet to sully anybody's good, or bad, name.

TIMMMAAY

October 23rd, 2014 at 7:57 PM ^

I give him a lot of grief, but unless it can be proven that he made this up himself, I don't think he should be banned. But he should LEARN FROM THIS (he probably won't). He should be neg banged to bolivian, and never be allowed to live this down. Maybe give him a unicorn avatar, and an embarassing sig line or something. 

ChicagoGangViolins

October 23rd, 2014 at 6:16 PM ^

 
Your request should have included a freeze notice in view of prospective litigation.  This would have preserved, in the absence of deliberate malfeasance, all e-mail data to include metadata properly within scope of your request.  If you had consulted with qualified legal counsel, they would have placed you in position to succeed.  There are many qualified lawyers who participate on these boards despite silly rants at times and we would have been willing to give away time pro bono.  I'm one, in the case of Brian Cooke/MGoBlog at least and the matter is existential.  Instead WD, you apparently went "amateur" pursuing only FOIA and not related statutes, doctrines and policies.  Live and learn.  It may not be too late but you must act soon if there is to be any hope to procure what you seek.  0.02

In reply to by ChicagoGangViolins

Jon06

October 23rd, 2014 at 8:39 PM ^

I believe a FOIA request freezes the document from the time of the request to 180 days after the U's written denial (at which point my legal right to appeal to the President and/or sue them for disclosure expires).

Also, BiSB is a lawyer, and saw my FOIA request a long time ago, and also I believe submitted one of his own on behalf of MGoBlog. But I appreciate the unwarranted sanctimony of your response; sometimes I think I know everything, too.

ChicagoGangViolins

October 23rd, 2014 at 9:14 PM ^

 

Then your requestor either failed to properly scope his request, basic English language requirement, or there are no compliant records (in which case why the apparent falsification in support of the request?), else malfeasance on the part of recipient.  Which aspect, express or implied, harbors the failure?  You?  The University?  Please do share.

Jon06

October 23rd, 2014 at 10:12 PM ^

First, holy unnecessary legal argot. Please see item 1 at http://www.kentlaw.edu/academics/lrw/grinker/LwtaLegalese.htm. If you want further replies from me, you'll have to speak regular English so everyone who is interested in this exchange can follow it easily. I would also like you to either (i) acknowledge that you were wrong on the law re: what it takes to freeze FOIA'd documents in Michigan or (ii) provide evidence that you were not wrong on that question. (To satisfy (ii), please cite Michigan or federal legislation or a case that constitutes binding precedent on Michigan circuit courts, and provide direct hyperlinks.)

Second, the FOIA request is already reproduced above, so you can read it for yourself if you're interested.

Third, I believe I've already adequately responded to everything else on this thread.

To reiterate: I will not respond to any more posts from you unless you cut the legalese and speak plainly.

NRK

October 24th, 2014 at 12:32 AM ^

I dunno, I *really* like the idea of threatening a fake lawsuit over an alleged nastygram email to a posters' friends' aunt in an attempt to get a lit hold issued. Especially so when it includes multiple legal jargon bombs. / snarky sarcasm voice. And I wonder why people hate my profession sometimes...

UMfan21

October 23rd, 2014 at 6:16 PM ^

The FOIA request was very specific.  Is it not possible to FOIA all emails sent from DB's email account on a certain day between two points in time? 

Erik_in_Dayton

October 23rd, 2014 at 6:54 PM ^

Brian received this same reply, and his request for help on twitter this morning was an attempt to make an idependent inquiry into the email's legitmacy. 

EDIT: Brian's twitter suggests he may not have received a response yet. 

maizenbluedevil

October 23rd, 2014 at 6:22 PM ^

Things are totally setting up for Brandon to be retained which is what has increasingly been my belief as time goes on.

He decreased prices and now this is debunked.

Schlissel and the regents would much rather reign him in than she'll out a 3 million buyout.

And Brandon doesn't wanna be fired. He knows what it'll take to save his job and he's not stupid.

We're stuck with him. I think we need to start coming to terms with this as a serious possibility, if not the likely outcome at this point.


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Tony Soprano

October 23rd, 2014 at 6:36 PM ^

Thats exactly what Brandon wants - everybody to just shut up and stop complaining about him until it all just fades away and he picks up right where he left off....So, if you want him fired, keep complaining, keep making noise about it. 

They want him gone, but he won't agree to resign.  He's fighting to stay on and being quiet about it only helps his cause. 

BigBlue02

October 23rd, 2014 at 6:38 PM ^

The fact that a message board post claiming anything could be picked up by National news says more about ESPN than it does about WD. This is fucking pathetic. If every message board post was taken this seriously, the world would have been destroyed the day they invented the internet. I hope the national news doesn't read RCMB or we can expect to see a hard hitting piece about why all homeless people smell like urine on CNN (yes, RCMB actually had a thread entitled "why do all homeless people smell like urine"). Don't worry WD, I hold no ill will towards you

PurpleStuff

October 23rd, 2014 at 6:48 PM ^

Unfortunately, my giant penis and the large stack of cash and cocaine on my desk keep blocking my view of the screen.  Really hope Keith Olbermann doesn't tell everybody about this while my home address scrawls across the bottom of the screen.

+1 anyway.

swimdive07

October 23rd, 2014 at 6:43 PM ^

Shame on WD and all, but Brian chose to leave the thread up and tweet it out. It became national news when Brian let it stay instead of vetting it first.