FC: Latest NCAA filings in Paterno lawsuit
- Thread starter LundyPSU
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Well, that is certainly all very predictable.
I'm still pretty pissed off at Corman. If he keeps his effort going, this kind of nonsense response doesn't happen.
I'm still pretty pissed off at Corman. If he keeps his effort going, this kind of nonsense response doesn't happen.
This is Corman's idea of "Total Victory" over, and absolute "surrender" by, the NCAA (that is how Corman labeled his BS agreement that protected his corrupt GOP cronies on the BOT and let the NCAA off the hook - the very perpetrators who caused so much damage to his innocent Central Pennsylvania via their corrupt and disgraceful tyranny). I hope his constituents remember what this sellout traitor did to his constituency when he had a chance to hold the perpetrators accountable and make them pay - instead he cut a deal in his and his cronies own self-interest and sold his constituents down the river.
I understand feeling as though Corman let one get away but I try not to lose sight of the fact his original intent was to keep the fine money within Pennsylvania. The consent decree was never in dispute until the inept NCAA attorneys made it an issue. Since they didn't want anyone poking around behind the scenes, the NCAA let the consent decree fall by the wayside and agreed to keep the money in PA. I don't think the judge would have been happy if Corman, after having gotten what he wanted with his original filing, approached the court and wanted to change his argument.
What??? The Judge is the one who ADDED the legality of the Consent Decree via "New Matter" to the case rather then just toss New Matter! The Judge literally INSTRUCTED BOTH SIDES that the LEGALITY of the Consent Decree was fundamental to the case and it TOOK PRECEDENCE over the original matter (e.g., the Judge instructed both sides that the LEGALITY of the Consent Decree - e.g., "New Matter" - would be determined BEFORE the original matter went any further). This in fact was the absolute hammer that Corman used to "self-deal" an agreement with the NCAA! Freaking preposterous to claim that the Judge did not want them to argue the LEGALITY of the Consent Decree itself -- she is the very party that said the parties would resolve that question BEFORE the original matter went an inch further!
Weird, but Covey in her own words in this candid interview identifies the crap your trying to sell as complete BS - her comments also demonstrate the NCAA's most recent filings in the Paterno et al vs NCAA to be utter made up pablum and nonsense....the Commonwealth Court made it quite clear what they thought of the NCAA's arguments and position regarding the legality and legitimacy of the "Consent Decree" and the Commonwealth Court didn't think much of the NCAA's position other than complete disdain. See link below:
http://onwardstate.com/2015/04/02/j...-criticizes-ncaa-elaborates-on-landmark-case/
Here is the article in its entirety:
Judge In Corman Lawsuit Criticizes NCAA, Elaborates On Landmark Case
By Zach Berger on April 2, 2015 at 6:45 pm Features, News
Joe Paterno’s wins were restored. The consent decree was voided. The sanctions were lifted. State Senator Jake Corman became Penn State’s hero.
Lost in the storm of celebration following the NCAA’s settlement with Corman was a second hero of sorts for supporters of the university: commonwealth court judge Anne Covey.
Now that the dust has settled, Covey is speaking out about the legal drama that played out over the course of many months, and she’s taking the NCAA to task for what she views as unnecessary damages.
“Unfortunately, the NCAA sanctions hurt a lot of individuals and punished them when they were in no way a participant in any of the crimes that Sandusky committed,” Covey says. “We have to remember at the forefront that this case was about the victims.”
Covey was the judge who presided over Corman’s high-profile lawsuit against the NCAA, in which the state senator battled to overturn the consent decree and keep the sanction fines in-state. Without Covey’s rulings against the NCAA on pre-trial motions, Corman may have been hard-pressed to reach a settlement that overturned the consent decree.
Covey’s first major ruling in favor of Corman came when she found the Endowment Act to be constitutional. That act was passed by the state legislature in an attempt to ensure that the $60 million fine levied against Penn State by the NCAA was spent in Pennsylvania. Covey, during a visit to State College on Thursday, explained that the review of the Endowment Act was simply a matter of constitutionality.
“I believe that we always have to stand by our constitution. The legislators passed the Endowment Act and we looked at the constitutionality of that act and upheld it,” Covey says. “It’s also important to remember that an organization outside of Pennsylvania can’t come in and start dictating to Pennsylvania that they want the money to go outside just because they say so.”
The NCAA attempted to argue that its actions against Penn State were legal under its organizational by-laws and constitution, Covey says.
“The consent decree itself said that it was dubious whether they had the authority to pose the sanctions,” she says. “When that issue came before the court, it became a disputed factual issue, which is why the court held that there was going to be a hearing on the validity of the consent decree.”
The case never went to trial, and so the consent decree’s legality and validity was never officially determined in the eyes of the law.
“We never had that issue tried in front of the court, so from the court’s perspective, the validity of the consent decree is still in question,” Covey says.
Setting aside the intricacies of the case, Covey was eager to talk about what she views as a compelling factor in the legal proceedings.
“That case means a lot of different things for a lot of different people. For myself, it was always about the victims,” she says. “Throughout the case, I was forever mindful of the fact that we always needed to be aware of how the case started. It was with Victim One and his mother who were courageous enough to come forward and as a result of their courageous act, they probably saved the lives of many individuals.”
Covey adds that in addition to Sandusky’s abuse victims, many others were adversely affected by his actions. For example, she cites the football players who didn’t go to college because Penn State lost dozens of scholarships. Covey says Penn State football players, coaches, and administrators “were basically told that all of their hard work and succeeding for excellence didn’t matter anymore.”
Covey is currently campaigning for a spot on the Pennsylvania supreme court. She might garner support from the Penn State community due to her role in the Corman lawsuit. At the very least, she can count on Penn State football legend Franco Harris to be in her corner.
“I had the unique opportunity to meet with Franco Harris,” Covey says. “I never met Joe Paterno unfortunately before his passing, but Franco told me an interesting story about him.”
Covey recounts what Harris says was Paterno’s mantra to his student-athletes, a short list of their three primary focuses: Family came first, education came second, and football came third.
“I thought it was very interesting that that was his mantra to his team, to always remember family, education, and then football,” she says. “I’m thrilled to have Franco Harris’ support. My son is a big Steelers fan and was thrilled to have the opportunity to meet him.”
As for the university and the scandal’s future, Covey has no doubt that Penn State will fully regain its once sterling reputation.
“Penn State has always stood strong for what’s right and they’re continuing to hold their heads high and go forward to serve the public and the community,” she says.
No ethical judge would WANT an attorney to argue anything in particular. It's the attorney's job to build their own case. The fact remains the NCAA attorneys brought up the matter of the consent decree, The judge called for a hearing to determine if the consent decree was a valid agreement. The NCAA knew it wasn't and caved in. That's not to say Judge Covey didn't smell a rat regarding the NCAA. Imagine if the hearing proceeded and the consent decree was found to be invalid. Then what? The NCAA's dirty laundry would have been aired and we'd still be where we are today. Corman wouldn't have been granted much more relief than he received via the settlement since all he wanted was for the money to be kept in PA. A lot of people, me included, wanted to know what the NCAA was hiding. We were hoping to hear the juicy details and give the Paternos some raw meat for their lawsuit. No worries though. I'm sure the Paternos know A LOT more about what went down than we do.
"I don't think the judge would have been happy if Corman, after having gotten what he wanted with his original filing, approached the court and wanted to change his argument."
WOW. To the best of my knowledge NittPicker isn't one of the handful of sychophants still hanging around.
I certainly don't recognize that handle as one of the doofuses.....so I'll assume that was a well-meaning post - and NP just wasn't really following that stuff closely..
But I can't imagine pouring that much "wrong" into one sentence.
[EDIT: After viewing the follow-up posts, maybe I assumed too much, and didn't consider the possibility of being a "Friend of Jake"]
Look my man, I'm not trying to sell anything. Covey's quotes in the article make it clear she wanted to determine if the consent decree was valid. She never "wanted" either side to pursue any particular legal path. As a judge that's not her job.
Your man-crush Jake-The-Snake is a self-dealing dirtbag who sold his constituents and alma mater down the river for the benefit of himself and his corrupt GOP political benefactors on the BOT (Board of Thieves, Charlatans and Whores).
A sycophant I am not. The doofuses you refer to make me cringe. Hey, I don't have a legal background and am only trying to look at the case from the standpoint of a neutral party which is what a judge is supposed to be. I figure if I was a judge and had a case before me and the plaintiff got what they were looking for, I'd be dubious if they all of the sudden wanted more. If they wanted more they should have asked for more originally. Either that or refile the case.
Look folks, I want the NCAA's ass kicked as much as anyone else. For good measure kick the ass of the 9/11 BoT too. They're all crooks.
Dude, now you're making me laugh. I don't give a damn about Corman or any other politician. Bushwood, I enjoy your posts and admire your passion for getting to the truth. I feel the same way. But just because I have a different view of how things went down doesn't mean I have a man crush on anyone. Maybe my view is wrong. If so, bad on me. Now I'll sit back and wait for your next capitalized attack on me.
I'll extend the benefit of the doubt on that front....its only fair.
But your "take" on the Corman Suit situation, particularly comments like this "I figure if I was a judge and had a case before me and the plaintiff got what they were looking for, I'd be dubious if they all of the sudden wanted more", indicate only two possible options:
1 - You were not paying any attention at all as the suit progressed, and now you're just making stuff up out of whole cloth.
or
2 - You are conflicted, and trying to find a way to defend Jake's actions.
Either way, not much point debating further.
Again, you keep trying to speak for the Judge regarding her "opinions" regarding the case -- the article I linked with Judge Covey's very own quotes on these topics demonstrate that the opinions you are attempting to stuff into her mouth are diametrically opposite of what she felt the NCAA DESERVED for needlessly, recklessly, irresponsibly, negligently and illegally harming so many innocent parties and Pennsylvania citizens.
Among the Covey quotes, “The consent decree itself said that it was dubious whether they had the authority to pose the sanctions. When that issue came before the court, it became a disputed factual issue, which is why the court held that there was going to be a hearing on the validity of the consent decree.”
I get the fact she was rightly suspicious of the NCAA but being an impartial party she wanted the hearing. She wasn't suggesting anything to Corman. She was doing her job. Very well might I add. Judge Covey didn't make a decision on the validity of the consent decree and couldn't unless the hearing was held. Her quotes make that clear. Heck, there was the slimmest of chances she could have been swayed by the NCAA if there was a hearing.
Let me finish my saying I hate the NCAA. I hate Masser. I hate Peetz. I hate Frazier. I hate Surma. I hate Joyner. I hate the 9/11 BoT. I hate any of those people I may not have mentioned. I don't give a damn about Corman and don't even live in his district. Over and out.....
Nothing anyone can do to erase that "settlement" anyway....so best to move on.
What IS important though.....VITALLY IMPORTANT....is the fact that right now we are faced with maybe the most important battle in this whole ordeal.......the BOT reform bill currently in the PA Senate.
Jake holds the keys down there.....and he continues to stand away from the group trying to move this bill forward.
If you do indeed hate all the Scoundrels you listed in your post - get on the phone to Jake's office and let him know that you want him to support Yudichak's reform bill.
It is well past time for Jake to "put up or shut up" with his contention that he stands for Penn State.
The main reason Corman pissed me off was he settled right before Covey was about to rule on releasing the 400+ emails between the OG BOT and NCAA (critical emails that may never see the light of day). The trial date was still a month away at the time. Since the NCAA would be further exposed and have a weaker negotiating position it made absolutely no sense to settle before the emails were released unless one wanted to prevent the public from seeing them. Apparently Jake didn't want the emails released.
Nope....and more than that...he DID NOT WANT to see the CD repealed.
If the CD had actually been repealed, Jake would have had to say bye-bye to the $48 million he got. $48 million - may not go as far as it used to, but it will still buy some significant political favors.
It was very important to Jake that the Commonwealth Court be short-circuited - lest Jake lose out on those funds.
(Still makes me want to PUKE anytime someone acts as if the CD was repealed. The ONLY thing that changed with that settlement was the removal of the asterisk from the "409".......but no matter how many times it is spelled out in black and white, folks will still insist the CD was somehow repealed - I guess it makes then feel better about it.)
So Corman stands up for PSU when no one else would, he brings legal action against the NCAA with the goal to keep the fine money in PA and ends up getting the wins restored, the CD completely invalidated, and the NCAA publicly embarrassed and now he's public enemy #1 because he didn't do even more. I'm starting to agree with the folks that think too many PSU fans are lunatics. There are hundreds of powerful politicians, alumni, etc that didn't do a damned thing to help PSU, but the guy that stood up to the NCAA and walked away with everything he wanted plus 3x more is the enemy? what is wrong with you people? And before anyone wants to claim I care one bit about Corman, I live no where near PA, don't know anything about him, and frankly... don't care. It's one thing to wish he let it played out, but the way people are talking it's clear that many have lost all perspective and jumped of lunatic ledge head first. It's embarrassing as a Penn Stater.
Apparently you didnt read mine or anyone else's posts and Corman pulled the wool over your eyes. There was absolutely no reason for him to settle when he did except for not wanting the OG BOTs dirty laundry from getting aired (400+ emails Covey was about to rule on). Why not just wait another week and see if Covey would admit the 400+ emails thus releasing them to the public and making the NCAA look even worse? The trial was still a month away and if Covey doesnt admit the emails then start settlemment talks just as he ended up doing anyway. If she does then the NCAA is essentially dead in the water and has to admit the CD was completely illegal (thus making the $60 MM fine illegal as well) and they wouldn't get to put their good PR spin on anything (after the settlement the NCAA said they did it so the money could help the kids sooner and PSU agreed to state the CD was reached in good faith--um WTF).
Simply priceless, the NCAA's latest filings, the OP of this thread, as well as the "Judge In Corman Lawsuit Criticizes NCAA, Elaborates On Landmark Case" article also linked in thread show what laughable rubbish your BS about Shameless Jake's vanquishing of the NCAA is - absolutely LMFAO. Yea, we all just fell off the turnip truck, you have no agenda here and don't have any feelings in regards to corrupt Jake and his corrupt self-interested GOP benefactor cronies on the Board of Thieves, Charlatans and Whores....yea, mmmhhhmm, it's just pure coincidence that you are spouting the corrupt, debased Board of Thieves', Charlatans' and Whores' party-line rhetoric that anybody who points out their illegal and disgraceful behavior (which is a breech of Fiduciary Obligations as none other than the Commonwealth Court pointed out!) is a "lunatic"... Yea that demagoguery of corrupt Jake's, and his scumbag BOT cronies', party-line is just pure coincidence? You shameless, cowardly little douchebags and weasels are truly amusing. BTW, I'm quite sure Judge Covey and the Commonwealth Court find your factions notion that they are "lunatics" because they believe those responsible for brazenly violating Pennsylvania Law and harming hundreds of thousands of innocent parties to the tune of hundreds of millions, if not billions, of $$$s should be held accountable to be rather instructive as to whether you are agenda-driven, self-interested scumbags.
The glaringly-hypocritical, hubris-filled, pedantic lecturing theme of your post identifies you for precisely who and what you are - pure unadulaterated excrement...a bootlicker...a sycophant that needs to be flushed just like your Masters and heros, the Board of Thieves, Charlatans and Whores
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It does get tiring discussing the "settlement" with folks who just won't open their eyes.......so lets discuss something else:
If you feel the way you do, Spud, tell me WHY is Corman fighting against BOT reform bill in the PA Senate?
Is there any way that a human being with an IQ above room temperature could possibly want what is right for PSU.....and NOT recognize and support the need for BOT reform?
Answer that question, and I believe it will help you to see the light on the entire "settlement" issue.
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