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Department Of Justice Joins Mark Shurtleff In Questioning The BCS

Utah Attorney General Mark Shurtleff yesterday said that he "whole-heartedly endorses a letter the U.S. Department of Justice sent to the NCAA this week expressing pointed concerns" about the BCS, according to Tom Wharton of the SALT LAKE TRIBUNE. Christine Varney, Assistant Attorney General of the U.S. Department of Justice's Antitrust Division, in a letter to NCAA President Mark Emmert said, "Serious questions continue to arise suggesting that the current Bowl Championship Series system may not be conducted consistent with the competition principles expressed in federal antitrust laws." Shurtleff, a longtime critic of the BCS, said that he met with Varney last week in DC "to discuss the letter that was sent Tuesday to the NCAA." Shurtleff: "She said they were going to issue it and I was pleased to see it come up. They remain very concerned about the BCS and this demonstrates that they are going to continue to look at it. I would love to convince them to join my lawsuit that we will be bringing up this summer." The NCAA yesterday said that it "would respond to the government’s questions when it receives the letter." U.S. Sen. Orrin Hatch (R-UT), another BCS critic, called college football's bowl system a "mess." U.S. Attorney General Eric Holder responded, "I don't disagree with you. You and I have talked about this issue, and I think I’m free to say that we have sent a letter to the NCAA about this issue and will be following up" (SALT LAKE TRIBUNE, 5/5).

ENOUGH TO FORCE A CHANGE? The WALL STREET JOURNAL's Darren Everson notes for BCS critics, the letter is a "long-awaited sign that the government might take up the fight." It is the "latest and most dramatic event in a series of recent developments buffeting the BCS" (WALL STREET JOURNAL, 5/5). In L.A., Chris Dufresne notes it remains to be seen "whether this latest DOJ inquiry will have traction." Big Ten Commissioner Jim Delany said, "You never know what a judge or a jury could do, but we feel like we got good representation. We have a good understanding of what we created and I don't think it's changed between now and 1998." Dufresne notes even if the BCS is "ruled to be in violation of antitrust laws, it's a stretch to think a court could mandate a playoff." Conference commissioners are "dropping hints they would go back to the old system before agreeing to a playoff." Delany: "At a certain point you wonder, is it better to go back or is it better to stay here? I don't think there's any sentiment in the Big Ten for a playoff. There never has been." Still, BCS Exec Dir Bill Hancock yesterday said, "We are confident the BCS complies with the law" (L.A. TIMES, 5/5). YAHOO SPORTS' Dan Wetzel wrote, "The question is can the Feds force action? The answer is an overwhelming yes, and that isn’t even contingent on whether the feds could win the case." What the BCS is "most susceptible to is exhaustion." Sources said that the BCS' "chief defenders -- a handful of conference commissioners and university presidents -- are tiring of the withering attacks and negative headlines" (SPORTS.YAHOO.com, 5/4).

OTHER THINGS TO WORRY ABOUT: In N.Y., Dick Weiss notes it is "hard to say whether the Justice Department has a case." But if it had, government officials "might have done more than just leak a letter -- they would have informed the principals of their intent to move forward with a lawsuit and issued a list of questions for deposition." Varney is "certainly playing to the crowd with this letter" (N.Y. DAILY NEWS, 5/5). The L.A. TIMES' Dufresne writes under the header, "Government Needs To Stay Out Of College Football's Business" (L.A. TIMES, 5/5). In Orlando, George Diaz wrote, "All together now: The nation’s leaders have more important things to do than to worry about whether Boise State got hosed out of the BCS in 2008." The BCS "isn’t the perfect system, but it’s the best one in play for the moment." Diaz: "Given all the variables in play, I seriously doubt we will see a playoff system soon. Political payback isn’t going to get it done either. Go deal with more important things in this country" (ORLANDOSENTINEL.com, 5/4).

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