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Moderate Philadelphia radio show host Michael Smerconsih was filling in for Chris Matthews on tonight’s Hardball, and ended the program talking about Tom Corbett’s slimy lawsuit against the NCAA.  After spending some time explaining the background of the sanctions levied against Penn State, Smerconish went right to point that Governor Corbett is the only person to benefit from his actions.  In the middle of the segment, Smerconish says:

“[I]s this lawsuit really the case of hardball politics?  Here are a few considerations.  First, Corbett is up for reelection in 2014, and right now his poll numbers are poor.  Penn State fans, they are an important part of the Pennsylvania electorate.  Second, Corbett didn’t consult the newly elected Attorney General, Kathleen Kane.  Instead he hired an outside law firm.  Third, when Kane takes office in two weeks, it’s expected she’ll deliver on a campaign progress to investigate why the Sandusky investigation – which was begun by Corbett in 2008 – took so long.

“As Buzz Bissenger noted in today’s Daily Beast, Kane insists that in normal circumstances a predatory animal would have been arrested after the first allegation was proven to be founded.  That would have gotten Sandusky off the street and nothing would have precluded the state police from further investigation.  But instead a grand jury was panneled, it went on for more than 3 years, which kept the predatory animal free to attack until his arrest.  Fourth, Bissenger also pointed out that Corbett took close to $202,000 in gubernatorial campaign donations from board members of the charity started by Sandusky, and in the mean time, there were all of 2 state investigators – some would say it was just 1 – assigned  to the case of that predatory animal until Corbett became governor in 2011.”

Then Smerconish noted that the lawsuit, which is going to be a waste of money for the state of Pennsylvania, has little to no chance of overturning the sanctions.  He continues:
“Finally, many legal experts are opining that the lawsuit is unlikely to succeed.  Lester Munson at ESPN, today, noted that the only apparent legal theory is based on anti-trust laws that govern monopolies that use their powers to fix markets or manipulate prices.  The NCAA, it might be a monopoly, but it doesn’t seem to be conspiring to manipulate any market.”

Originally posted to S Kitchen on Thu Jan 03, 2013 at 07:20 PM PST.

Also republished by DKos Pennsylvania and Pittsburgh Area Kossacks.

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Comment Preferences

  •  Wow.. Family values my (blank). (7+ / 0-)

    Let's hope for a strong Democratic contender to get rid of this guy.   I knew he was a jerk but I didn't realize just how slimy he really could be.

    "Your diary is a pack of filthy lies." -bronte17

    by Setrak on Thu Jan 03, 2013 at 07:28:13 PM PST

  •  I wanna know when that sonovabitch... (5+ / 0-)

    ....Corbett gets investigated for malfeasance of office and conflict of interest....

    "Ronald Reagan is DEAD! His policies live on but we're doing something about THAT!"

    by leftykook on Thu Jan 03, 2013 at 08:15:06 PM PST

  •  I saw that tonight and it was pretty shocking. (2+ / 0-)
    Recommended by:
    citylights, Bulldozer

    When the Sandusky case was going on, there was mention of the fact that Corbett was the AG when all this started, but nothing this detailed. Not only shouldn't he be re-elected, but I would think Penn State might have a case against him. Had he taken timely action, perhaps the NCAA wouldn't have imposed such serious sanctions on them.

    •  Good point (0+ / 0-)

      When your (in)action brings harm, you should be liable.  Especially when you are sitting on the governing board (which he is).  

      Question I don't know (as a member of the PA bar, this is slightly embarrassing):  did he, as AG, have position immunity under his lack of enforcement that could shield him from tort claims?  If no, then pile on.  Except as a ex-officio board member, that discussion would be a bit cumbersome, wouldn't it?

      Note that most of the board is NOT appointed by the governor, but many are...

      This whole state-related thing is weird....   The Commonwealth doesn't own the place, but has ties to it that are a bit attenuated....  he has to claim that the state actually controls the university.  However, it's clear from these two web pages that the place is kind of self-perpetuating.

      A classmate who is heavily involved in all things about state-related PA universities has told me, more than once, that if the state payments went away, three of the state-related schools would adapt quickly (Pitt and Temple would adapt, Lincoln could have problems).  

      Should the Board of Trustees vote to dump the Commonwealth?  

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