The first of two — yes, there are two now — deadlines for the NBA to answer to Congress over the sport’s ongoing betting scandal will pass today without a resolution. It’s not because the NBA is simply unwilling to cooperate, however.
Bipartisan leadership for the U.S. House of Representatives Committee on Energy and Commerce wrote to NBA commissioner Adam Silver last week with questions on the heels of federal charges against Chauncey Billups, Damon Jones and Terry Rozier for alleged participation in illegal betting schemes. The committee requested a “briefing” from the league by today, Halloween.
An in-person briefing isn’t going to happen by that deadline, however. There is no trick, nor treat, Silver shall pass out today on Capitol Hill. With the ongoing government shutdown (now on day 31), the committee has not held a hearing since Sept. 18, and there aren’t any coming up on its calendar.
In effect, the House briefing deadline is moot at this point. It’s unclear what happens next in that chamber.
Then there’s the second deadline, Nov. 10, which was included in a letter the Senate sent Silver this week. More on that below.
Here is The Athletic’s explanation of who in Congress is asking, what they want to know, when they might get their answers, how they have the authority to ask Silver questions in the first place and whether this will all end with Silver testifying on television.
Question: There is now a second congressional committee demanding answers from the NBA?
Answer: Yes. On Monday, the Senate’s committee on commerce, science, and transportation, chaired by Republican Sen. Ted Cruz of Texas, with Democratic Sen. Maria Cantwell of Washington as the committee’s ranking member, wrote to Silver with a more pointed purpose than their House counterparts’ Oct. 24 letter. Cruz and Cantwell want to know “why Rozier was cleared” by NBA investigators to continue playing when federal investigators eventually charged him with crimes.
Q: Is this simply political theater?
A: No, this isn’t coming out of thin air. Congress has constitutional authority to regulate commerce, and pro sports fit into that category in many ways. That includes various leagues’ partnerships with large sports books such as BetMGM, FanDuel and DraftKings.
This country’s two major political groups seldom agree on anything, but Cruz and Cantwell sent the letter to Silver with signatures from members of both parties.
The House letter (also bipartisan) included signatures from committee chair Rep. Brett Guthrie (R-Ky.), subcommittee chairmen Rep. John Joyce (R-Pa.) and Rep. Gus Bilirakis (R-Fla.). Alongside them were ranking members Rep. Frank Pallone (D-N.J.), Rep. Yvette Clarke (D-N.Y.) and Rep. Jan Schakowsky (D-Ill.).
Q: What does Congress want to know?
A: On the House’s side, lawmakers asked for general details about ongoing and past cases related to illegal gambling. They also want to know how the NBA intends to stop players and coaches from disclosing nonpublic information to bettors. That’s what Rozier, Jones, and, previously, Jontay Porter were accused of doing. There’s also the lingering question of why this keeps happening if there are policies in place. Also, is the NBA rethinking its partnerships with betting companies.
The Senate’s demands are more focused on Rozier. Cruz and Cantwell’s letter directly juxtaposes the NBA’s statements that it did not find any wrongdoing by Rozier against the Department of Justice’s charging him with crimes. They are asking Silver and the NBA to show their work on the case.
In addition to the Rozier information, the Senate also wants answers to questions similar in scope to what the House asked. What are the league’s betting rules and how are they enforced?
Q: What might those answers include?
A: The NBA can reproduce details of past and ongoing betting cases, point to its expulsion of Porter and referee Tim Donaghy (in 2007) for their participation in illegal betting schemes in basketball and discuss its placing of Rozier and Billups on leave while federal cases against them continue.
League officials have already sent a memo to teams saying the NBA is considering revising injury reporting policies so that bad actors can’t release injury information to bettors, giving them an unfair advantage. It would surely mention that to Congress.
Yes, of course, there are policies in place to outlaw the alleged behavior of Jones, Rozier and Billups. It’s forbidden, and Silver has called it the “cardinal sin.”
The NBA might argue that more cases are becoming public because of its partnerships with betting companies, which flag questionable betting activity for the league and the feds. For that very reason, the NBA may say it is not walking away from its betting sponsorships.
As for the specifics the Senate is looking for on Rozier, the league could offer that it doesn’t have subpoena power. It could also say that while it didn’t find that Rozier broke its rules during its investigation, it never actually cleared him (thus making this a semantics debate).
Q: Does this end with Silver on Capitol Hill, facing off against lawmakers in a televised showdown?
A: A few days ago, the answer was probably no. The House expected someone from the NBA to deliver a briefing in person, but not necessarily Silver. But, as previously stated, there most likely won’t be any hearings until the government reopens or a new legislative session begins.
The Senate is asking for a briefing in writing. But what its committee members do next depends on the NBA’s answers to those questions. If they feel the explanation as to why Rozier was charged by the feds but “cleared” by the league is insufficient, or, heck, if they are looking to make an example of the NBA, Silver could be compelled to testify at some point.
— The Athletic’s Matt Moret contributed to this report.
