Thursday, May 22, 2014

Mark Cuban had best get very careful, very fast...

Two recent stories about the outspoken Dallas Mavericks owner

The first one, a few days ago, sparked an interesting comment to my blog from NFLRanking (he of the 2002 Lakers-Kings series videos), about a story which has surfaced about Mark Cuban and the 2006 NBA Finals.

There are, as of yesterday, now conflicting stories as to the involvement of an FBI agent who, for whatever reason, is rumored to have been investigating the 2006 NBA Finals between Cuban's Dallas Mavericks and the Miami Heat -- the Shaquille O'Neal Miami Heat.

Taking from the Oregonian's John Cazano, Cuban was consulting with an FBI agent after the loss, considering a lawsuit against the NBA for fixing the Finals for the Heat.

The agent, Warren Flagg, 20 years with the FBI, is said by the report to have told Cuban:

"Flagg said of the 2006 Finals. "I told him, 'Sue and you'll win your case,' but he knew he'd be killing the Golden Goose.""

It is believed that the free throws were just far too slanted toward the Heat in the series.

Let's see what we find:

Game 1 (June 8):  Dallas 90 - Miami 80

Dallas 20-26  Miami 7-19

Shaq was 1-9 from the line in Game 1.

Game 2 (June 11)  Dallas 99 - Miami 85

Dallas 23-28  Miami 20-32

Shaq 1-7.

Dallas now leads the series the two games in Dallas to none.  It would be the last game in this series Dallas would win.

Game 3 (June 13)  Miami 98 - Dallas 96

Miami 20-34  Dallas 18-26

Wade was 13-18 from the line in this game.

Dallas was up 83-71 with 8:36 to play.

Game 4 (June 15)  Miami 98 - Dallas 74

Miami 23-36  Dallas 21-27

Pretty balanced here, though Dallas had only 7 fourth quarter points.

Game 5 (June 18)  Miami 101 - Dallas 100 (OVERTIME)

Dallas 21-25...

DWAYNE WADE 21-25!!!

Miami actually got FORTY-NINE free throw attempts in Game 5, making 32.

Only four dozen times, according to Basketball-Reference.com, since 1985, has one team received 49 or more free-throws in a playoff game.

The team receiving that many free-throws is 41-7 (and, once, it happened for both teams). 

Game 6 (June 20)  Miami 95 - Dallas 92

Miami 23-37   Dallas 19-23

Wade was 16-21.

Pretty convincing case that they wanted to give Wade and Shaq a title, eh?

The comment NFLRanking made was simple:  Is someone trying to leak this (almost certainly either the Sterlings or someone with their backing) to force at least Cuban (who is, by far, the most visible owner in the NBA) to back down...

It's certainly likely.

I'd almost bet on it now after today's Fox Sports article...

Speech yesterday at a company conference in Tennessee, and he said a number of interesting things about the Sterling case.

I'm going to take them out of order, because I think that there are some things which need to be said under the context of understanding who Mark Cuban is (with relation to a regular person, and with respect to this Donald Sterling situation).

"On how to keep bigotry out of the NBA: "You don't. There's no law against stupid.""

Actually, Mark, yes there is.  And if you can't keep bigotry out of the NBA, the NBA can no longer (and I use the Statement of Charge against Sterling as a framework) "promote diversity and inclusion".

In fact, the entire statement of charge is an attempt to legislate, LEGALLY, against Sterling's accepted stupidity.

What Mark Cuban does not understand here is that the concept that we declare "natural rights" does not exist in this country.

One does not have the right to life, liberty, and the pursuit of happiness in this country.

One is only afforded the privileges of liberty and pursuing happiness under the condition that those actions do not inhibit the liberty and pursuit of happiness of others.

I can safely say, given my experiences with law enforcement, multiple schools, and various other entities that there is no sufficient manifestation of my own personal rights which do not sufficiently inhibit those of others.

Hence, I do not have those rights on an a priori basis, and the only question as to action/discipline comes to the level of importance (some locally, some far less so) of the victim.

Donald Sterling doesn't have those rights either, when he uses his own to stomp all over Federal housing laws, Federal workplace laws, etc. and so forth.

That's why there most certainly ARE "laws against stupid", and, in fact, the entire claim the NBA has against Sterling is EXACTLY THIS -- that Donald and Rochelle Sterling are so damned stupid that they have damaged the NBA irreparably, and that the only way to go forward (a players' strike by the African-American player base being the only feasible alternative!) is their immediate expulsion from the league, to the point that the NBA will seize the Clippers in a little less than two weeks.

Or will they?

"On stupidity in general: "I'm the one guy who says don't force the stupid people to be quiet — I want to know who the morons are.""

There's a problem with that when The Stupid/El Stupido is so prevalent that it burns to the point where just about everybody could be considered "stupid" in one form or another.

That's why there are laws against "stupid", because the law and government declare what is "stupid". And, often, what is stupid for one person is not for another.

In fact, the entire point of the law, in many cases, is to marginalize/silence/eliminate the "stupid". For the record, it doesn't do a very good job of it because many laws are, at best, enforced capriciously.

Unfortunately, by speaking in this manner, for who he is, and what he basically has to do within two weeks, I'd almost have to say Cuban has stepped well into "stupid"/"moron" territory this time. He's under significant fire for his comments, and, frankly, a case could be made that, by speaking out in this manner, he has rendered himself actionable under the NBA Constitution and By-Laws.

And these are the worst of the comments, as far as a lot of people are concerned:

"On bigotry in general: "I know I'm prejudiced and I know I'm bigoted in a lot of different ways. If I see a black kid in a hoodie on my side of the street, I'll move to the other side of the street. If I see a white guy with a shaved head and tattoos, I'll move back to the other side of the street. None of us have pure thoughts; we all live in glass houses.""

(Cuban has specifically apologized to the Trayvon Martin family for the hoodie reference, but stands behind the comments made as a whole.)

On surface, he is right. I've had more than one discussion with African-Americans on this subject.

When I get intelligent discussion on the matter, it's either "I can't blame you, with the position you are in." or "This kind of stuff happens when neither side understands the other's culture."

I'm the same way as Cuban, and will use what I see (and hear) to try to ascertain conduct. At the end of the day, yes, I can be considered racist in the same "Avenue Q" ("Everyone's a little bit racist, sometimes...") motif.

But Mark Cuban, in saying this at this time and in this context, has put himself in a lot of trouble.

I'm afraid I must agree with some of the more... reactionary... elements to say that the NBA may now have to examine Mark Cuban's comments here on the basis of when he said what he said, not necessarily just what he said.

The NBA, as a predominantly-Black player league, is in serious damage control over the course of the last month for actions which have "damaged and continues to damage the NBA and its teams."

Given the timing of these comments, Mr. Cuban, have you done the same?

This is another reason the "Duty of Loyalty" charge is so devastating, because, now, someone can easily come back and say Cuban has similarly violated that duty.

Even though Chris Kluwe today took to the Internet to agree with Cuban (if to take him to task for adding some context and the like), I look at these comments, and now do have to question whether the June 3 vote will be unanimous.

And I say that with full understanding with what I've said in the past: That the NBA will look at any vote to retain Sterling as a similar violation of the league's Duty of Loyalty.

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