Full Letter Harbaugh Attorney Tom Mars to B1G

Submitted by Pepper Brooks on November 9th, 2023 at 11:51 AM

The full 10 page letter from Harbaughs attorney Tom Mars to the B1G can be found here.

7 major points and 8 pages of supporting argument.

CWood2

November 9th, 2023 at 11:56 AM ^

Apologies if this has been asked and answered already, but are we afforded 2 cracks at injunctions (if we need them) since we have 2 avenues we are pushing back from (the University's attorneys and Harbaugh's attorneys)?

mjw

November 9th, 2023 at 12:02 PM ^

JH and the University could each file (and in theory file in different places) but if they did that, the separate filings are sure to be consolidated so as to avoid disparate results.

But if it becomes necessary to file an injunction, there will be one case with JH and the University both as plaintiffs.  The University will submit a set of papers which will either be signed by counsel for the University and JH or JH's counsel will submit separate papers signing on to the University's brief and also covering any issues that are individual to JH.

Robbie Moore

November 9th, 2023 at 5:08 PM ^

What was informative is Mars letter. Magnificent! Harbaugh has a great attorney. Quoting Wetzel's column was something else.

Additional question: How should we interpret Thamel's recent silence? I think he realizes he was used by his so-called friends and is now hiding in his basement. Doesn't have the balls to publicly admit it. What a tool.

 

MartyinDayton

November 9th, 2023 at 3:49 PM ^

Yes. I wouldn't be surprised to see 3 cracks. 1 or more players could sue for injunctive relief. Imagine the pressure on the B1G if JJ, Blake, etc. sued. It's one thing for the B1G to come down on a big bad university and its outspoken football coach. It's another thing to penalize college kids for something they had nothing to do with. Imagine how many more NIL bucks the players would get if they win the natty. I think they'd have a strong injunctive case if the B1G suspends Harbaugh before the NCAA investigation is complete. 

mjw

November 9th, 2023 at 11:58 AM ^

Beat me to it this time!  

As expected, more focus on why JH cannot be held accountable based on current evidence and absence of "Head Coach Responsibility" rule.  And spends a lot of time undermining any claim that JH "should have known" about what CS was allegedly doing.

Also, letter is far less the equivalent of a molotov cocktail through your window than the University's letter, but to be expected given the University's letter was written by Williams & Connolly.

In case anyone was wondering, it makes sense for JH to have sent his own letter for a few reasons:

  1. There are points JH would want to spend more time on as they relate specifically to him
  2. JH's interests and the University’s interests could diverge at some point (though that seems unlikely right now based on what we know) such that it makes sense for him to have his own counsel and for that counsel to submit its own letter
  3. Having to respond to two letters means more work for the conference's attorneys

Ryno2317

November 9th, 2023 at 11:59 AM ^

Again, very strong.  

The Big 10 needs to step back here or they are going to get protracted litigation.  

I don't understand why it is so important to proceed to the execution phase rather than -- you know -- actually conduct an investigation and see if they're someone deserving of an execution.  

 

goblu330

November 9th, 2023 at 12:02 PM ^

A mob mentality or a "witch hunt" type of affair does several things that undermine logic and reason.  One of them is overwhelm the senses with information, activating a type of fight or flight mechanism.  There is no reason to rush this, except for the fact that for the people making the decisions every minute feels like an hour and their mind is telling them to do something. (And on and on, because that impulse to do something also reinforces and strengthens the mob, creating quite the cycle).  It is not a stretch to say that in circumstances like this, certain people are out of their mind.  It feels like that because it actually is that way.

UMForLife

November 9th, 2023 at 12:31 PM ^

It seems to me OSU does not want to face Harbaugh and mess up UM's opportunity to be in playoff. And B1G is going along with it. That is a great motivation for OSU but a bad one for B1G. It tells me how much they care about one of their cashcows. It ascertain why Michigan should leave B1G.

MgoBlueprint

November 9th, 2023 at 12:15 PM ^

Not trying to go full-on tinfoil, but curious.

Between this and the University’s response letter, is it possible that this situation could force Petitti to resign?

They lay out a compelling case that Petitti was out of bounds and in over his head. It raises questions as to whether or not he is competent or capable

 

bighouseinmate

November 9th, 2023 at 1:05 PM ^

He had a chance to at the beginning by shutting down the coaches and ADs calling for mob justice. He could have humored them, listen to their concerns, and then politely ask them if the shoe was on their foot if they’d feel the same way. Most of them probably would have backed off. Because he didn’t do that, he made an enemy of Michigan and he made an enemy of the crazies in the conference if he doesn’t do something now. It’s a lose-lose situation for him and if he’s even halfway intelligent he realizes it by now.

Maizinator

November 9th, 2023 at 12:21 PM ^

Just an opinion, buy ultimately I don't think he survives.  At some point, the peace has to be made and I strongly suspect Michigan will demand it.

One of the things that leaps out here is just the willingness of the conference to proceed in this fashion.   That speaks volumes.  People don't do that unless they are used to getting away with it. The stench of hubris and corruption is strong.

The fact that Delany is behind the scenes just reinforces that.

LSAClassOf2000

November 9th, 2023 at 1:26 PM ^

Well, yes, conceivably this ends with Petitti being the former commissioner of the Big Ten, IMHO. Obviously, we're early in the ordeal, but I do believe that is one possible ending. 

In putting all of his eggs into this particular basket, if you will, he has placed his credibility with everyone else (he already has none in Ann Arbor really) on the line, so backing down or losing a potentially protracted legal battle costs him the ability to do his job if not his job altogether. 

It really was a bad move to hire someone whose sole expertise is constructing contracts. A conference is comprised of member schools, and if you've made it clear you're willing to harm one of them because others are upset, then in a fair world, that should end the discussion about viability in the position right there - all schools should see this and think, "This man will not have my back if I am in a spot one day". 

bighouseinmate

November 9th, 2023 at 2:30 PM ^

That last line is what really amazes me about the whole thing with the B1G. Even if you are a coach of another school, or it’s AD, you would think they had to, at some point, considered the future possibility that it just might be them in Michigan’s shoes. Any sane, rational person would have then backed off, and maybe even publicly started calling for due process. 

Romeo50

November 9th, 2023 at 12:39 PM ^

Can a member of an organization receive competitive fairness from a Kangaroo court? Asking for some friends?

If not what would be the reasoning in maintaining membership and what large monetary agreements may be violated and null and void?

What's the definition of insanity as the saying goes?

Who controls the adjudicating individuals on the field of play within a conference?

 

Wolverine91

November 9th, 2023 at 12:53 PM ^

This is so very stupid and ridiculous. I seriously hope the players aren’t losing focus and getting annoyed with this shit. The big ten is a fucking joke

Sambojangles

November 9th, 2023 at 1:07 PM ^

I hope it makes you feel better to know that I am pretty sure the players are ignorant to 80% of what we fans are, in regards to the legal details of this case and fandom more generally. I get the impression that they are primarily focused on practice and games, plus class and irl social activities, over message board minutiae. Which is probably a very good thing.

rym

November 9th, 2023 at 1:05 PM ^

Parts of pages 4 and 5 of Mars’ letter are plagiarized verbatim from my diary post the other day, right on down to the language I italicized in B10 Rule 32. No worries — the point of my post was to contribute to the cause, and it appears to have worked!

4wheeljive

November 9th, 2023 at 2:25 PM ^

I recognized that immediately. Nice work! I've wondered whether the attorneys representing UM and JH have been reading the analysis and arguments that many have posted on this site.

As for other legal matters raised in these threads:

  • I was glad to see the point made in yesterday's UM letter that the prohibition against using electronic AV equipment to record an opponent's signals applies only to the two schools participating in the game in question.
  • I was a bit disappointed not to see any mention of the argument that a number of us have been making that "recording" is not "scouting". However, the UM letter did state that there “remain significant factual questions as well as disputes about the application of the rules.” It could be that, for legal strategy and/or PR reasons, Michigan does not want to suggest that particular defense until it better understands the facts and the evidence.

4wheeljive

November 9th, 2023 at 8:06 PM ^

Unfortunately, we're not the only ones who noticed that Mars cut and pasted from rym's post into his letter: https://brobible.com/sports/article/jim-harbaugh-attorney-plagiarized/

From the post: 

So, let me get this straight. Jim Harbaugh’s very prestigious lawyer, Tom Mars, plagiarized a message board post in an official communication on behalf of his highest-profile client? I’m not sure if that’s as funny as star Wolverine running back Blake Corum being listed on forms as a co-owner of a vacuum repair business with the alleged ringleader of the scandal, former Michigan analyst Connor Stalions. But, it’s pretty funny.

Sure, the person who posted to MgoBlog is probably okay with what he wrote being used by Tom Mars. But, it’s still a terrible look for a high-powered lawyer to just directly copy something on the internet.

I guess these folks aren't used to seeing message boards where people actually have intelligent insights to contribute. 

4wheeljive

November 9th, 2023 at 8:19 PM ^

And here's another site that picked this up: https://fansided.com/posts/statement-from-jim-harbaugh-s-lawyer-reads-exactly-like-michigan-blog-post-01hev6ayt6p2 

I guess if you're intellectually or positionally unable to address the substance of someone's argument, but still feel obliged to chime in, you're stuck making snarky ad hominem attacks like these.