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The Nevada State Athletic Commission wanted Nick Diaz to grovel and is now paying for it
By Zach Arnold | January 14, 2016
@SBNLukeThomas to the extent that he used for clearly non-incriminatory questions he did use it incorrectly.
— Erik Magraken (@erikmagraken) January 13, 2016
Nick Diaz’s five year suspension has been reduced for allegedly failing a marijuana test. The purse fine was also reduced. There were accusations of irregularities in the testing and test results when Diaz fought Anderson Silva.
Given Diaz’s history with the Nevada State Athletic Commission and the Attorney General’s office, it’s not a surprise that he and his legal team were extra cautious when the administrative law body went after him again for marijuana. It’s a civil, not criminal proceeding but any answers given under penalty of perjury could be used against him if the authorities wanted to prosecute him criminally.
But that’s an issue of law. The Nevada State Athletic Commission is more interested in the subjects before them groveling. This time, however, their request for groveling has created further sympathy for Nick Diaz and complete contempt for one of America’s worst combat sports regulatory bodies.
In pleading your Fifth Amendment rights, you do so to protect yourself from self-incrimination. In a civil hearing, judges & juries & administrative officers can make an adverse inference from any one who pleads the Fifth in refusing to answer a question. Pleading the Fifth in a civil matter, such as a deposition, provides great ammunition for a trial lawyer to completely discredit the credibility of an uncooperative witness.
Take the Bill Cosby matter in Pennsylvania as an example. After the prosecutor declined to file assault charges against Cosby, he ended up taking a deposition a year later in a civil suit. Rather than plead the Fifth Amendment, he answered questions about drugs and discussed quaalude usage. That deposition was put under seal until a judge decided to unseal it years later. Now, Cosby is criminally charged in Pennsylvania based on his admissions from the civil suit. His legal team will try to get the criminal charges dismissed based on the prosecutor refusing to file charges the first time around and that Cosby detrimentally relied on his prosecutorial decision, but Cosby wouldn’t have found himself in the position he is today if he had plead the Fifth during civil deposition.
Nick Diaz had every Constitutional right to invoke the Fifth Amendment at his appeals hearing in front of the Nevada State Athletic Commission. The Commission had every right to make adverse inferences from his refusal to answer questions. They punished him hard. And now they are showing their… generosity… by reaching a settlement agreement with Diaz in which he “agreed” that he was wrong to invoke the Fifth Amendment in not answering questions during his appeals hearing.
It’s no surprise that the Athletic Commission backed down once Diaz hired UFC’s counsel to step up to the plate. It’s one thing to save face but it’s another to go all Mayberry-ish in having Diaz claim he was “wrong” to invoke the Fifth Amendment during questioning. Undoubtedly, it was a small price for Diaz to pay to get some of his freedom back. Now that the Athletic Commission approved the agreement and the text of it has gone public, it’s made Las Vegas look even worse. The kicker, of course, is that the new Chairman of the Athletic Commission (Anthony Marnell) found himself in a sticky situation when the Nevada Gaming Commission frowned upon any casino owner applying for a marijuana permit.
Topics: Media, MMA, UFC, Zach Arnold | 8 Comments » | Permalink | Trackback |
The war on weed is one of the saddest imperialist policies of the last century.
Did you read about Bones’ brother hospitalized for artificial weed? Its not just him people actually have died from it.
The so called athletic commissions with their criminal and unjustified attack on weed has pushed healthy athletes who want to enjoy the numerous benefits that weed provides, to use dangerous synthetic chemicals.
WIll they be held accountable for their completely irresponsible actions? Will these athletic commissions submit their own blood and urine for inspection?
No and No.
like the us gov, which since 1970 has covered up the fact that processed meats cause cancer while simultaneously covering up the fact that marijuana cures cancer, athletic commissions are causing death and irreparable harm to all they control with their ungodly and factually backwards laws/weed prohibition. Steroids are ok but an herb that grows wild is not?
Now obama says the gov needs to do more to fight cancer,, well then why not start by taking marijuana off the controlled substance list, legalize it and publish those scientific studies which all proove the medical benefits of marijuana that the tax payers paid for.
David bowie(rip) was busted with weed even though he hardly ever used, while he was never busted for snorting mountains of coke. Jones coke usage was ignored, while Diaz’s pot usage was justification to steal his hard earned $.
Thats a corrupt amphetamine dealing hypocritical psychotic government for you. An ignorant dangerous beast with blood on its hands that needs to be put down.
Damn the Olympics for their war on tylenol.
Even legal substances are banned by athletic regulators.
I wish there was something that could be done about the laws that we’re expected to live by and obey being written by and for an elitist regime of judges and lawyers in obtuse and layered legalese without concern for clarity or succinct intention to be apparent to the common man who’s supposed to abide by them and accept its judgement.
But that would take some reconstruction at the foundation of things, and its quite possible that every position of power in this country is invested in keeping things fenced off that way.
Once you become a lawyer with the tools to fight against them, you’re one of them.
https://www.youtube.com/watch?v=kzFZSN-BMlY
My name is Joe Public
I’m sure you all know me
Sometimes, they call me ‘The Man In The Street’
But I don’t mind
I’ve got my place in society
I’ve got my feet on the ground
I’ve got my pride and my prejudices
No one can push me around
My name is Joe Public
I’m sure you all know me
Sometimes they call me ‘The Proletariat’
But I don’t mind
They know me for my common sense
They know they can’t please all of me
They know I can’t be fooled all of the time
I am what I am and I’m happy to be
Joe Public, that’s me
Joe Public, that’s me
I put my faith in the powers that be
Joe Public, that’s me
My name is Joe Public
I’m sure you all know me
Sometimes they call me ‘The Great Unwashed’
But I don’t mind
Sticks and stones may break my bones
But names can never hurt me
I’ve got my pride and my prejudices
I am what I am and I’m happy to be
Joe Public, that’s me
Joe Public, that’s me
Joe Public, that’s me
Joe Public, that’s me
I put my faith in the powers that be
Joe Public, that’s me
I put my faith in the powers that be
I put my faith in the powers that be
(I’m sure you all know me)
I put my faith in the powers that be
(I’m sure you all know me)
I put my faith in the powers that be
(I’m sure you all know me)
I put my faith in the powers that be
(I’m sure you all know me)
I put my faith in the powers that be
(I’m sure you all know me)
I’m sure you all know me
The Rutles – Joe Public Lyrics
Thats pretty and I feel it.
Trim it down.
Succinct and to a point.
But I see effort there…
You can’t make this nonsense up. Welcome back Diaz. After he pays that BS fine of course…….
I have no excuse for Nick Diaz…
Does he need one?
He’d Nick Diaz.
Nick Diaz is a good person,
with or without the pot.