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

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Honestly, I don’t have an opinion because none of us have enough information to form an opinion. I just though it was funny how typing three words can work so many adults into a frenzy

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It's called trolling

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The tape not being admitted into trial does not mean the NCAA won’t look at it

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it means the NCAA can't legally gain access to the tape, so it does mean they won't look at it

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I would have to think there would be some privacy issues if they were to do so.

After all, there are people on those wiretaps who aren’t and were never under investigation. I’m no lawyer, but them turning over such evidence seems pretty unlikely.

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I am a lawyer and there are privacy laws that prevent the release of non-admitted evidence like this unless Wade consents to the release. The FBI won't and can't hand it over.

I’m happy to be wrong then.

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I've never looked at the issue, but do intercepted telephone calls fall within the definition of a "record" under the privacy act (I hope they do in this setting)?

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yes. I read the whole statute awhile ago, at least the pertinent part, and basically anything gathered in a federal investigation is protected unless it falls under certain exceptions, this not being one obviously.

Here is the relevant section of that statute

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(b)Conditions of Disclosure.—No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be—

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To me that reads as a catch all for all federal agencies that maintain records. I would assume the DOJ and FBI would fall under that umbrella and so would their case files (or records they maintain).

and there's also this

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(1)Criminal Penalties.—
Any officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agencyrecords which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $5,000.
(2) Any officer or employee of any agency who willfully maintains a system of records without meeting the notice requirements of subsection (e)(4) of this section shall be guilty of a misdemeanor and fined not more than $5,000.
(3) Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than $5,000.

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FBI undercover agent's idea to pay or "bribe" coaches. Sounds like an entrapment defense.

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And this is why I have felt that WW was acting in accordance with FBI instructions. And the more I hear the more convinced I am of this. There are a lot of factors pointing to the fact WW was involved only because he was requested to by FBI agents. I know this sounds far-fetched, but how could a man like WW be so confident he will come out of this unscathed if there is actual proof of his wrongdoings? Makes no sense. Most guilty people would bail and run from this, he remains confident and certain there is no proof or evidence of him doing anything wrong. IMO, the defense wanted to explore WW's involvement and show entrapment by coercing with the FBI.

I personally feel that's a little far-fetched for me to believe with the information we have now, but if that was ever verified to be the case, I would love to see heads spin to say the least

Is that dickwad defense attorney who leaked the transcript initially to yahoo at risk for those criminal sanctions? I realize it would only be from a hyper technical standpoint, but that’s where this WW hysteria started.