re: If Smart is cleared then what is the rational behind keeping Wade suspended?

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I highly doubt an arbiter would see it that way. Wade will not meet with the NCAA to discuss a current legal matter, his contract is not going to force him to do so. If he were to continue to decline such an interview AFTER the legalities were finished, then LSU would have a case. As it is LSU created a situation in which Wade cannot win. Its clear as day to anyone with eyes.

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It's possible, if not likely, that had termination been made over his failure to comply with a joint investigation, a lawsuit would've been filed. It's also entirely possible for Wade to meet with the administration and the NCAA with his lawyer present to advise him against answering certain questions. Every other coach from the other schools involved with this sweeping investigation have met with their bosses. Wade's attorney is worried about Wade's criminal exposure, that's why he's withheld him from the interview. I can't say that I blame him, but that's why we are where we are.