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re: Dawkins is testifying... Updated - he's done for today continuing tomorrow

Posted on 5/1/19 at 4:43 pm to
Posted by Cincinnati Tiigre
Cincinnati
Member since Nov 2015
1431 posts
Posted on 5/1/19 at 4:43 pm to
So is LSU. That’s why it happened once already.
Posted by lsufball19
Franklin, TN
Member since Sep 2008
71973 posts
Posted on 5/1/19 at 4:44 pm to
No because he denied it so the judge put in place a protective order. That attorney had more to worry about than a violation of that statute had the court been able to prove he/they were the leak. Not that it wasn’t abundantly clear who leaked the information to anyone paying attention
This post was edited on 5/1/19 at 4:46 pm
Posted by wm72
Brooklyn
Member since Mar 2010
9259 posts
Posted on 5/1/19 at 4:51 pm to


Does Wade have the right to allow the NCAA access to the tapes of his calls?

Is it possible for the NCAA to base their decision on the assumption that the published quotes from the tapes are accurate since Wade could grant them access to prove those quotes are inaccurate?
Posted by tigerpimpbot
Chairman of the Pool Board
Member since Nov 2011
68946 posts
Posted on 5/1/19 at 4:51 pm to
I’m sure he was savvy enough to use a trusted emissary to do his dirty work.

Posted by lsufball19
Franklin, TN
Member since Sep 2008
71973 posts
Posted on 5/1/19 at 4:53 pm to
quote:

Does Wade have the right to allow the NCAA access to the tapes of his calls?

Yes, but he wouldn’t
quote:

Is it possible for the NCAA to base their decision on the assumption that the published quotes from the tapes are accurate since Wade could grant them access to prove those quotes are inaccurate?


If they follow their own bylaws, no

Good part of these tapes is there are multiple people on them which means multiple people have to consent to their release
This post was edited on 5/1/19 at 4:55 pm
Posted by rthomas628k
natchitoches, louisiana
Member since Jan 2013
161 posts
Posted on 5/1/19 at 4:58 pm to
Bingo. No way WW is that dumb and that smart at the same time. Even the verbiage he uses oozes of scripted dialogue.

I think the bigger question is how did Yahoo get it’s hands on the alleged tape and will they not be dealt a blow from publishing this information they know is not for public consumption.

Somewhere/somehow, it appears laws have been broken in allowing the physical tapes to get to yahoo in the 1st place, if that did happen. If they don’t have the physical tapes, then they’re likely looking at exposure from the publication anyhow. I’ll let the the defamation boys grapple with that but Id sure like to know the facts on how and why tapes of only Lsu seemed to make their headlines.
This post was edited on 5/1/19 at 5:01 pm
Posted by sec rules
baton rouge
Member since Oct 2009
35 posts
Posted on 5/1/19 at 5:20 pm to
The ncaa might just wait a year or two before jumping on wade. They are going to watch every basketball player Lsu gets in the next 5 years. That way Wade's recruiting goes to crap.
Posted by lsufball19
Franklin, TN
Member since Sep 2008
71973 posts
Posted on 5/1/19 at 5:29 pm to
Based on what yahoo did, I don’t see any possible torts or laws broken on their part. The press has a lot of protection in reporting “news.” Will Wade also would be viewed as a public official, so publishing unflattering opinion pieces on him is generally fine. One of the main burdens that must be proven for defamation is the information was false. Them publishing a transcript portion of a phone call wasn’t false, but rather was possibly misleading without the entirety of the phone call. Not to mention, Wade would have to prove it was false and that opens up a can of discovery he doesn’t want. Granted this is way outside my field, but that’s all I have.
Posted by EA6B
TX
Member since Dec 2012
14754 posts
Posted on 5/1/19 at 5:42 pm to
quote:

I think the bigger question is how did Yahoo get it’s hands on the alleged tape and will they not be dealt a blow from publishing this information they know is not for public consumption.



No they will not, the Supreme Court ruled in 1971 on the NY Times vs. U.S. Government "Pentagon Papers" case that a newspaper or other news outlet is free to publish material regardless of how it was obtained.

Posted by mhc4tigers
Member since Aug 2016
4566 posts
Posted on 5/1/19 at 5:43 pm to
You are exactly right about this being misuse and or poor deployment of FBI and other law enforcement resources
Posted by Gus007
TN
Member since Jul 2018
14434 posts
Posted on 5/1/19 at 6:09 pm to
quote:

Not to mention, Wade would have to prove it was false and that opens up a can of discovery he doesn’t want.


That statement proves that Wade's reputation has been damaged.
Now we will wait until the trial is over and see if the truth implicates Wade in wrong doing.
If it is proven that Wade did nothing wrong, someone should pay for the damage.
Posted by lsufball19
Franklin, TN
Member since Sep 2008
71973 posts
Posted on 5/1/19 at 6:21 pm to
quote:

That statement proves that Wade's reputation has been damaged.

That’s not, in and if itself, a basis to sue. And again, he would have the burden of proving the information was false.
quote:

If it is proven that Wade did nothing wrong, someone should pay for the damage.

It would be in Wade’s best interest to let this die and go away if no NCAA repercussions happen to him
Posted by EA6B
TX
Member since Dec 2012
14754 posts
Posted on 5/1/19 at 6:31 pm to
quote:

hat statement proves that Wade's reputation has been damaged.
Now we will wait until the trial is over and see if the truth implicates Wade in wrong doing.
If it is proven that Wade did nothing wrong, someone should pay for the damage.



Not likely to happen.


"In the context of defamation actions (libel and slander) as well as invasion of privacy, a public figure cannot succeed in a lawsuit on incorrect harmful statements in the United States unless there is proof that the writer or publisher acted with actual malice by knowing the falsity or by reckless disregard for the truth. The legal burden of proof in defamation actions is thus higher in the case of a public figure than in the case of an ordinary person."
Posted by Lester Earl
3rd Ward
Member since Nov 2003
289690 posts
Posted on 5/1/19 at 7:04 pm to
quote:

And this is why I have felt that WW was acting in accordance with FBI instructions


Posted by GeeOH
Louisiana
Member since Dec 2013
13376 posts
Posted on 5/1/19 at 8:46 pm to
quote:

The word you were looking for is preemptive, idiot.


Originally, yes. But when it auto corrected, i felt it fit just fine with him, and bungholes like you, who like to police boards with a sense of authority..which only makes uou more of a moron
This post was edited on 5/1/19 at 8:47 pm
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