Senator asks DOJ to investigate ESPN's role in conference realignment

Sen. Roger Marshall (R-KS) has sent a letter to the Attorney General asking the DOJ to investigate ESPN. Specifically, ESPN’s role in Texas and Oklahoma’s announcement that the schools do not intend to renew their contract with the Big 12 and the ensuing invitation for both schools to join the SEC, as well as their involvement in other conference realignment. As first reported by The Athletic’s Chris Vannini.

Sen. Roger Marshall (R-KS) has written a letter to the Attorney General, asking the DOJ to investigate ESPN and its role in Texas/Oklahoma moving to the SEC, plus other realignment. pic.twitter.com/f0Vu8BxiYL

— Chris Vannini (@ChrisVannini) August 4, 2021

Marshall specifically asked that the “DOJ investigate ESPN’s role in the potential destruction of the Big XII Conference and if any anti-competitive or illegal behavior occurred relating to manipulating the conference change or ESPN’s contractual television rights”

Previously, Big 12 commissioner Bob Bowlsby and the conference addressed a cease and desist letter aimed at ESPN, as previously covered in this piece by On3’s James Fletcher III.

ESPN previously responded to the cease and desist issued by the Big 12 last Thursday, calling it “unsubstantiated speculation.” The statement laid down a strong stance against commissioner Bob Bowlsby’s allegation of tampering with conference teams in order to accelerate the departure of Texas and Oklahoma.

Earlier this week, Bowlsby appeared before a special senate hearing on Monday regarding the future of college sports in the state. Bowlsby also addressed the cease and desist letter. The Athletic’s Max Olson reported that Bowlsby doesn’t plan on escalating the situation publicly.

Bob Bowlsby was asked about his cease and desist letter at today's Texas Senate hearing.

"We have agreed to not escalate this publicly. It's in neither party's best interest to do so."

— Max Olson (@max_olson) August 2, 2021

Big 12 allegations

As previously stated by Fletcher III, in the original cease and desist letter, Bowlsby alleged ESPN’s “potential involvement” in Texas and Oklahoma’s decision as well as “actively engaged in discussions with at least one other conference regarding that conference inducing additional members of the Big 12 Conference to leave the Big 12 Conference”.

CBS’ Dennis Dodd later identified the American Athletic Conference as the other conference.

“I have absolute certainty that they (ESPN) have been involved in manipulating other conferences to go after our members,” Big 12 Commissioner Bowlsby told The Associated Press after sending the letter.

ESPN’s statement

“The accusations you have made are entirely without merit,” the letter read. “Apart from a single vague allegation that ESPN has been ‘actively engaged in discussions with at least one other’ unnamed conference, which ESPN disputes, your letter consists entirely of unsubstantiated speculation and legal conclusions. To be clear, ESPN has engaged in no wrongful conduct and, thus, there is nothing to ‘cease and desist.’

“We trust this will put the matter to rest.

“ESPN reserves all rights and remedies in connection with that matter.”

The letter was written by ESPN executive Burke Magnus, President of Programming and Content. He was also the recipient of Bowlsby’s letter.