GWINN: Spygate 2.0?: Jim Harbaugh’s Lawyer Issues Statement Amid Sign-Stealing Accusations

Jim Harbaugh isn’t saying anything on his behalf regarding NCAA allegations that Michigan engaged in an illegal sign-stealing scheme, mainly because he’s not allowed to. However, if Harbaugh could speak for himself, his lawyer says he would deny any knowledge of stealing signs.

Shortly after news broke that Harbaugh was yet again under NCAA investigation, this time for stealing signs, Harbaugh’s attorney, Tom Mars, issued the following statement.

“I’ve spoken to Coach Harbaugh about what we’ve read in the sports news, and if NCAA rules allowed him to make a public statement, I am sure he would deny having any knowledge of what was reported,” Mars said.

Jim Harbaugh's attorney, Tom Mars, on news of the sign stealing investigation.

“I’ve spoken to Coach Harbaugh about what we’ve read in the sports news and if NCAA rules allowed him to make a public statement I am sure he would deny having any knowledge of what was reported.”

— Dan Wetzel (@DanWetzel) October 19, 2023

The statement is interesting on a couple of levels. First, Mars’ assertion that Harbaugh is not allowed to speak on his own behalf. There is apparently an NCAA rule that prevents a coach in this situation from speaking out in his own defense. That seems incredible and quite possibly un-American, but it is nonetheless true.

The other interesting part is the assertion that if Harbaugh could speak, he would deny “knowledge” of the sign-stealing scheme. The specific violation alleged is a 1994 rule that prevents teams from sending advance scouts to the games of future opponents in the same season. So, a team could send scouts to analyze an opponent if they were on the schedule for the following season. But not if that opponent was on the schedule for the current season.

So, why would Mars say that Harbaugh would merely deny knowledge of the illegal scouting? Why wouldn’t he say the sign-stealing scheme didn’t exist?

Well, there’s a possibility Michigan did indeed violate the scouting rule, and Mars knows the NCAA can prove they violated it.

In that sense, Mars shields his client from potential liability by asserting he didn’t know about the cheating. But that explanation runs into trouble as well.

The act of sending scouts, normally coaches, to analyze opponents is a venture that requires manpower and money. Where did Harbaugh think these coaches were while they were scouting opponents? How would he have explained the presumably considerable amount of money spent on travel, food, and lodging for said coaches? Is it possible that, as the head of the Michigan football program, he would have been unaware of the consistent and steady absence of coaches and the loss of hundreds, if not thousands, of dollars from the team budget?

Who knows? Mars probably has an answer for that, as well. But, there will be some explanation required to account for those factors.

While the outcome of the NCAA’s investigation into Harbaugh is unknown, two immediate results of the controversy are apparent: First, speculation that Harbaugh, who has already shown an interest in returning to the NFL in recent years, will abound. Pete Carroll bolted USC for the Seattle Seahawks as the threat of NCAA sanctions and penalties loomed over the Trojans, and those comparisons will definitely be made to Harbaugh and Michigan.

Another comparison will be made to the 2007 SpyGate sign-stealing scandal involving the New England Patriots. It was discovered that the Patriots were videotaping opposing coaches’ signals during games. Different levels of football and slightly different alleged rule violations, but those comparisons will likely be made.

Harbaugh interviewed with the Vikings and Broncos last year. Both teams are currently terrible. The Broncos have invested heavily in a Super Bowl champion coach in, Sean Payton. Is Minnesota as attached to the far younger and less-proven Kevin O”Connell?

We may find out.