Locked On ACC - Daily College Football & Basketball Podcast - Is FSU About To Find The Smoking Gun To Get Out Of The ACC? | Crazy Realignment Suggestion
Episode Date: July 9, 2024Is Florida State about to receive the documents that will contain the smoking gun that will help them break the ACC’s Grant of Rights? A court order in Florida has asked Leon County Judge John C. Co...oper to compel the ACC to hand over an unredacted copy of their TV agreements with ESPN. It’s worth noting that this order was jointly agreed by FSU and the ACC. If Cooper signs it, Florida State will get their copy. For FSU’s lawyers, the hope would be to find language in the agreements to back up their argument that the ACC cannot hold on to FSU’s TV rights (until 2036) after they’ve left the conference. Can FSU find their smoking gun?Hosts Alex Donno and Kenton Gibbs discuss the significance of this next step. It’s worth noting that Clemson’s lawyers have already obtained an unredacted copy and we are unaware of them finding any loopholes in the language. Donno and Gibbs discuss a recent proposal for the ACC to look into adding Air Force, UNLV and Boise State. Donno and Gibbs strongly feel that if the ACC wants to expand, they should look at Washington State, Oregon State and USF. The guys break down the Athlon Sports predictions for the ACC. Did they get their takes right for the upcoming 2024 football season?Support Us By Supporting Our Sponsors!GametimeDownload the Gametime app, create an account, and use code LOCKEDONCOLLEGE for $20 off your first purchase. Terms apply.eBay MotorsFrom brakes to exhaust kits and beyond, eBay Motors has over 122 million parts to keep your ride-or-die alive. With all the parts you need at the prices you want, it’s easy to bring home that big win. Keep your ride-or-die alive at EbayMotors.com. Eligible items only. Exclusions apply. eBay Guaranteed Fit only available to US customers.FanDuelFanDuel, America’s Number One Sportsbook. As playoffs wind down, the sports stop sporting like we want them to. But this summer, FanDuel is hooking up ALL CUSTOMERS with a boost or a bonus, DAILY! That’s right, there’s something for everyone, every day, all summer long! Visit FANDUEL.COMand add a big win to your summer bucket list!FANDUEL DISCLAIMER: 21+ in select states. First online real money wager only. Bonus issued as nonwithdrawable free bets that expires in 14 days. Restrictions apply. See terms at sportsbook.fanduel.com. Gambling Problem? Call 1-800-GAMBLER or visit FanDuel.com/RG (CO, IA, MD, MI, NJ, PA, IL, VA, WV), 1-800-NEXT-STEP or text NEXTSTEP to 53342 (AZ), 1-888-789-7777 or visit ccpg.org/chat (CT), 1-800-9-WITH-IT (IN), 1-800-522-4700 (WY, KS) or visit ksgamblinghelp.com (KS), 1-877-770-STOP (LA), 1-877-8-HOPENY or text HOPENY (467369) (NY), TN REDLINE 1-800-889-9789 (TN) Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
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Are the Florida State Board of Trustees about to receive the smoking gun that's going to get FSU out of the ACC once and for all?
You are Locked on ACC, your daily podcast on the Atlantic Coast Conference.
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network, your team every day. Today's episode is brought to you by Game Time. Download the Game Time app, create an account, and use code locked on college for $20 off your first purchase. Terms apply. On this episode, we will discuss more predictions on who's going to win the conference because Athlon Sports has weighed in. And I think where they rank a couple of teams is a lot different than some of the other publications. There is a new conference realignment scenario out there.
there, or at least a prediction that is downright depressing from an ACC point of view.
We'll get to that.
But, uh, Kenton, I would say this is a significant update in Florida state's lawsuit against
the ACC in Florida.
I don't know if it's as significant as some people would like to think it is.
So, uh, this from the Tallahassee Democrat, uh, in a proposed court order, the Atlantic
Coast conference would have to provide Florida State University's legal team a copy of the
highly confidential ESPN agreements as the battle between the conference and the school continues
in Leon County, Florida. In proposed language that both sides agreed upon, by the way,
the court order was drafted and submitted July 2nd at 3 p.m. to Leon Circuit Judge John C. Cooper.
If Cooper signs the court order, the ACC must hand over an unredacted version of the sought-after
ESPN agreement to FSU within seven days of the order. Now, Judge Cooper's,
going to sign that order, Kent.
Absolutely.
He's been very pro Florida State to this point.
So he's going to sign that order.
And then Florida State is going to get that unredacted copy.
But how significant is that going to be?
You know, Donnell, in our text thread with one of the other hosts from Lockedon podcast network,
you reminded me of something when you said, Clemson has already had this since met.
And this is significant and interesting to me because unless you believe that the pay discrepancy
between Clemson's lawyers and Florida State's lawyers is rightfully justified, and Clemson's,
you know, bringing out a bunch of ambulance chasers who don't know much about nothing in terms of
doing this lawyer and thing, I don't think there is a smoking gun to be found in those documents.
I really and truly don't.
I know that this feels like a massive win.
I get it.
I understand.
I get how, you know, even if you're not pro FSU or whatever, or pro-ACC, even if you're
completely objective, how you can perceive this as a really big moment, because most of the media is making it out to be that.
But I think in the grand scheme of things, this is nothing more than us moving to the parts that you and I were talking about, where it's like, we're finally at Discovery.
We're finally at the place where all the information is available to all parties.
And granted, even with Discovery, I'm sure that if this is a situation where if there is anything to be released in terms of the grant of rights,
publicly is going to be so heavily redacted.
We're not going to be able to parse out anything serious from it.
So I think that this is, you know, Florida State obviously wants this.
The ACC obviously doesn't.
So win for Florida State there.
But I'm not sure if this is the haymaker that people think it is.
I think this is much more of a jab to control distance followed up by a straight
to send you a little sting on the back end.
And we're going to find out, like you said, how good Florida State's lawyers are.
because I think the dream scenario for them would be,
now that they have this unredacted copy of the ESPN TV agreements with the ACC,
because people are wondering what do they expect or what do they hope to find in there?
The hope would be they find themselves a loophole, Kenton,
because the language of these deals, of the grant of rights itself and of the TV agreement,
the language everyone wants to parse is,
does the ACC really have a strong claim or an undisputable claim
that if a member leaves the conference,
a member who signed the grant of rights,
because they all did,
does the ACC really get to hold on to their TV rights until 2036,
which is the ACC's assumption and opinion?
Now, Florida State and Clemson would like to say,
we're going to find something in those TV agreements that say,
no, when we leave,
we can take our TV deal with us and sign a new deal somewhere else.
So that's the big point in there.
And listen, if you have good enough lawyers,
they can find supposed evidence that supports their side of it,
and then they're going to argue with the other side of it.
So Florida State is hoping to find some smoking gun in there.
And I'm not saying they can't necessarily find it.
But as you pointed out, as you've got separate cases going on in South Carolina between Clemson and the ACC,
Clemson has supposedly already had their hands on an unredacted copy of the same deal for a couple of months.
And I haven't heard unless they're just keeping this quiet until the next hearing.
I haven't heard of any smoking gun
that Clemson's been able to find. The other part
of it that you, or that I guess I brought it up when I was reading this
excerpt from the Tallahassee Democrat newspaper was,
it's worth noting that the two sides did agree
on this disclosure.
Because I think the most important thing to ESPN is,
okay, they're under duress, of course.
Like they didn't willingly say, yes, we'll give you a copy.
But they are okay with giving a copy to Florida,
the state's board of trustees. What they're really not okay with is this getting published, right?
Because they want to protect the trade secrets that are within. So someone could look at this
from the Florida state point of view and say, well, hold on. Why is ESPN and the ACC? Why are they keeping
these documents a secret? Because up until now, you can only look at them under lock and key under
supervision. Like you can't be, you know, taking pictures of the contract. So why are they keeping this
a secret? Clearly, they have something to hide.
they have the smoking gun that's going to get Florida State out.
That would be the Florida State point of view.
The reason why they're hiding this document is they know if Florida State's lawyers get a look
at it, they're going to find their way out.
I think the ESPN point of view is that, hey, there's trade secrets in there as to how
we do our TV contracts that we don't want other TV networks and other conferences to see.
And that's why we don't want this getting out public.
Maybe the truth lies somewhere in the middle, Kenton.
But again, like you said, I don't necessarily know.
know if there's a smoking gun in there. But I do think this is a win for Florida State because obviously
when you're preparing your legal arguments, as these cases move forward, you want to have as much
information in ammunition as possible. And I don't believe you can formulate the best possible legal
strategy if you don't have access to the full unredacted contracts. They now have that. So this is
definitely going to give Florida State a better case. How much better? We'll find out.
Yeah. And I have a thousand percent agree. We're talking.
about the part of this thing where you're doing things based off of a thousand percent fact.
We're talking about getting to the point in these proceedings where it's no longer about
we feel and how the judge feels that this is going to, we're getting to the point where
people can lay out plainly. This is the problem. This is the smoking gun or this is what
keeps them in this contract. This is what keeps them here. I don't, there's no way around it.
It's too high to get over, too low to get under. You're stuck in the middle.
because of this.
And so I'm so intrigued to see how discovery plays out, not just in this case, but in both cases,
in terms of against Florida State against Clemson.
I'm so interested to see this because if you cannot get a favorable ruling in your home
court based upon what we have in this contract, oh boy, we're in for a whole other set
of things in terms of the potential of the ACC winning four to five.
Well, really, I think one of them is already a slam duck.
I don't think that Florida's AG has a shot.
You know, I think he's got a snowballed chance in hell of winning that thing.
But everybody else, if this was to be a clean sweep by the ACC, man, I'll tell you,
the Leigh County case, everybody should have their eyes on that one.
Because the South Carolina case has been so quiet, so low-key, so understated, so it's
been so slow developing, we haven't heard much from it. This Florida case, it's like every other day
there's something new coming up. There's some new ruling being handed down. There's something going on
there. So I'd be intrigued to see if anything or nothing pops off in terms of, hey, we have the
documents that we need now. We have them not part to parcel in full. We can see everything laid out
barely in front of us. We got a case or we're going to keep billing you, but there's not much.
We'll see.
Yeah. And another thing, I wonder, this is from a Florida State point of view,
because I actually had a conversation about this yesterday with a Florida State fan,
is like his hope would be that now that this agreement is going to be, you know, out in the open,
at least not not out completely in the open, but at least that Florida State's trustees can look at it
and the legal team can look at it.
Does this bring the two sides any closer to a settlement, right?
That there's more information out there.
maybe this leads to more mediation or more productive mediation that's coming up.
So that's also wonder because a lot of times we talk about who's going to win or lose the cases.
But eventually this is probably going to come out to a settlement.
Now, you can still win in a settlement, obviously on either side because it's a little bit closer to what you want.
It's not necessarily like, you know, if you're a fan of boxing and MMA, a settlement may be a 10-9 round versus like a 10-8 round or a 10-7 round that you lose.
like you get a little bit more favorable terms in a settlement even if you lose that settlement.
So I wonder if this could bring us any closer to that.
I mean, it definitely could.
I wouldn't say that there is no value here in terms of that outcome.
But what I will say is this.
A settlement is not a win or loss from either side just in the name settlement.
It's what happens in the settlement.
It's the details of the settlement that make the settlement.
If we're looking at a situation where Florida State settles or Florida State and ACC settle around 350, I'd say that's absolutely a win for the ACC.
350, 400, I feel like that's a win for the ACC.
If Florida State gets that number down to 150, 125, maybe even 200-ish, I see that as a win for them.
250 is where I'm like, yeah, it's tough to draw the line for who won or who lost there because I feel like both sides got as good as they gave.
but anything outside of that 200 to 250 range,
I feel like you can declare a winner
based on the numbers that have been thrown around early.
Well, coming up next, eventually,
Florida State and Clemson are going to leave.
With adding the following three universities,
would this save the conference?
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He's Kenton Gibbs from Locked on Wolfpack.
I am Alex Dono from Locked on Cains.
So Kenton, I'm always trying to find any realignment content that I can.
And on the far corners of the internet, although this is a site I do visit quite often, Sports Kita.
So Vincent Pensabine of Sports Kita has floated out three possible schools that the ACCC can add
if and when Florida State and Clemson leave.
Now, I'll tell you which schools I was expecting to see brought up.
These were not the ones that I was expecting.
So he has brought up, hey, the ACC should consider Boise State.
I know Boise State had a run there, you know, a while back, Air Force and UNLV.
Are those the schools?
Air Force, UNLV, and Boise State.
We get the blue turf.
We get, you know, I am actually, I do have family members who have served.
in the Air Force. So my respects, my respects. You get the blue turf, you get Air Force,
and we get some of that casino money out there at UNLVs. That's saving the conference.
This ain't the same service academies that have Roger Stalback walking through that door.
You know, this ain't that. This ain't with all due respect, Donald, there are, if I am correct here,
three service academies that produce football teams, correct?
Yes.
Yeah, Army, Navy, and Air Force.
Okay, Army, Navy, Air Force.
Okay.
Now, Don, of those three teams, how many are in a Power Four conference right now?
Zero.
Zero.
You don't say.
There's something 18-year-olds can barely hold their commitment up through National Signing Day.
the service academies
require you to hold a commitment
through after you're done,
after you graduate,
there's a commitment to the university.
Which could involve wars as well.
Could involve wars.
Oh,
we try to be decent on this show
and not talk about the realities of life.
But, no.
I mean, it's there.
It's out there.
That's where life.
Part of your commitment is war, potentially.
Potentially.
Okay, with all the respect, that is a barrier bigger than Duke's academics,
then Wake Forest Transfer Rules, then all of the schools that we have combined in their property.
With all due respect, get out of here with Air Force.
UNLV, what do they bring?
And I'm not, this is no disrespect.
This is no disrespect to UNLV.
What if NC State's running backs, Michael Allen transferred over there, I love Michael, I love Jackie,
I love the entire Allen family, they're amazing people.
what does UNLB bring to the conference?
What do they bring?
Not much.
We already have a West Coast presence in Cal and Stanford.
What do we really need to do?
Boise State.
Ian Johnson ain't walking through that door.
No.
What are we doing?
Callum Moore ain't walking through that door.
He ain't walking through that door.
Coach Peterson ain't walking through that door.
This ain't the same, Boise State team.
This ain't that and that ain't this.
If these teams were added to the conference, at that point,
ACC would have to,
it would have to stand for actually Kenton's crying.
Because, you know, there's,
and I know what you're thinking.
Doesn't Kent start with a K?
Yes, but for the second it's to start with a C.
Because I'm disgusting.
I'm disgusted.
You can't add these three teams.
Adding these three teams really would make you a group of 60.
It would now take it from group of five to group.
group of six because this is too much.
I would have to agree with every Florida
state fan who has said the
ACC is the new AAC
because in that scenario, they would be right.
And the crazy thing is, like,
if you're going to suggest schools
that the, that the ACC should add,
and again, like, you're not going to,
you're not going to find replacements that are as
big of a deal as Florida
State and Clemson. You're not. But you can do
a lot better than those previous
three, because Kenton, the last I checked,
Washington State and Oregon State, they don't have a home yet, right?
Without conference.
They've got a scheduling agreement with, what is it, with the Mountain West or the WAC?
Is that, I think it was with the Mountain West.
I don't even know if the WAC still thing.
They've got a scheduling agreement, but they don't technically have a conference right now.
Those are teams that you could, if you needed to add more, those are schools you should be looking to add.
You know, there's a school not too far from me that is on the rise.
when it comes to athletics, and that's USF in the Tampa area.
I think USF should be much higher on the list than any of those previous three.
Absolutely.
USF's got a big time quarterback.
He was a true freshman last year out of the city of Raleigh as well.
So there are a lot of overlaps here in terms of USF and the ACC.
That would make sense.
Not to mention, USF has been knocking on the door for quite some time.
They have felt like they're like a sustained three, four season run away.
from people saying, you know what?
You belong in the power.
You belong.
You saw what happened with UCF, right?
There was that season where they went,
Ofer, whatever, and then all of a sudden,
they took the steps, they did what they needed to do
year by year.
They stack years on top of each other to where when UCF went to the Big 12,
who said UCF won't be able to hold their own?
They're not prepared.
They're not ready.
They're not going to be good in that.
People are like, you know, this makes sense for them.
I think USF is right on the cusp of that.
I think a couple good years definitely puts them in the space,
they're already in a space where you're talking about it, you're thinking about it.
A couple of good years puts it to the point where you almost have to pull the trigger
in terms of getting them, especially if you're going to lose Florida State.
Yeah, and a few months ago, I don't spend a whole lot of time in Tampa,
but I happened to be out there a few months ago, and I was staying at a hotel
that was right next to USF's campus, and I took a look at it,
and I've seen photos of their football facility, their campus is beautiful,
their football facilities.
They've pumped a ton of money into it recently,
and they're working on an on-campus stadium there.
So they're basically, they have and are continuing to develop power four facilities
in a group of five schools.
So they've got the infrastructure.
You know, they've got to find, they were pretty good on the field last year.
And Golesh seems to be doing a good job.
They've got to find sustainability because USF has had some poor years recently.
I know a couple of alumni from there.
They've had some poor years in football recently,
but it seems to be a program on the rise.
And it's definitely an administration that's pumping.
in a lot of money and a lot of funds to improve their facilities. So there's that as well.
With all due respect, get them boys out of Raymond James. Get them out. Get them out. Yeah, they're
getting out. Yeah. I know that the piracy is cool and all that. But like you said, Donald,
that stadium on campus is a big time deal. It is uniquely them. It is uniquely their identity.
I think that colleges by now have realized sharing a stadium with an NFL team, never the way.
I certainly know it. I've wanted Miami to get out.
of hard rock be hard rock saves a beautiful facility but i and and there's a lot of there's a lot of
political reasons in south florida why they have a lot of trouble miami getting their own stadium
but i want it to happen at some point in my lifetime i get it i get it miami pit us up all of them
get out of it get out from under your professional teams get out from under them be your own team
be your own institution in terms of having your own field which has its own unique uh things and
traditions and whatnot. That's the way to go. And USF is moving in that direction. I'd love to have them to
the conference, honestly. Again, they string together just a couple good seasons to make this. So you know
what? We will not be an eyesore on the conference. Come on in. Come on in. Hey, the jacuzzi is getting warm,
bud. Come on. Yeah. Well, and they got one of those lazy rivers, I think, at USF that you love so much.
I hate lazy rivers with a passion. Listen, listen, and I know, I don't want anybody to think that I'm a bald guy,
shaking fist at cloud for the regular students lazy rivers are beautiful they're good
they're all the things for athletes the word lazy should feel like poison it should feel like
taking an arsenic pig you should not ever want the word lazy to come out of your mouth or to
go into your ears thinking about something that you would enjoy i don't know absolutely not absolutely
not and and by the way let me just ask you this okay yeah of all the schools that have lazy rivers in terms
of like have those like things in their football facilities and all that.
How many of them have won championships in the last five years or so?
I don't know.
I mean, you know, when Florida Gulf Coast had that great basketball run a while back,
their lazy river became very publicized, but they didn't win the championship.
You know, lazy, again, you're an athlete.
Lazy shouldn't be in your vocabulary, okay?
I want a high octane river.
I want a white water rafting river.
I want something intense.
Give me something to believe in.
Give me something that gets my heart going.
Well, when we come back, you remember a couple weeks ago,
we talked a lot about the Phil Steele magazine ACC predictions.
I want to dive into Athlon Sports
because they have ranked how they see the ACC finishing this year.
Not too many surprises at the top,
but a couple things in the middle that make their predictions a little bit different.
You want to keep it locked right here, my friends.
We're not done yet on this brand new episode of Locked on ACC.
You know, Kenton, I think for the most part, I don't mind the way that Athlon Sports has predicted the ACC to finish.
From a Miami point of view, I'd like them to be wrong at the top.
But for the top three, they're pretty consistent with what most other publications have done.
They've got Florida State finishing first in the ACC.
The one that differed on that was Phil Steele.
Phil Steele's more bullish on Miami than he is even on Florida State and Clemson this year.
Most people, though, just based on what the programs have done recently, are giving Florida State and Clemson the nod at the top.
So Athlon has Florida State finishing first, Clemson finishing second.
They've got Miami finishing third, and then it gets a little bit more interesting once we get from four and beyond.
They've got Louisville finishing fourth, NC State finishing fifth, Virginia Tech finishing sixth, SMU finishing seven.
So I noticed that Athlon has SMU, like right in kind of the meaty part of the curve in the middle of the conference when a lot of the other publications are thinking SMU is going to break through, maybe even contend for the ACC this year.
I think we're more in line with Athlon, that there's probably going to be an adjustment in their first year in a power for it.
Absolutely. Absolutely. I like SMU a lot. I like Stone their quarterback a lot. I like Red Lashley. Anybody who's heard me talk about Red Lashley, I don't have a bad word to say about the man.
I think that, you know, I know Miami didn't let him go.
I know that he went on to greener passions, but you get the point.
I think the red last is something special here.
I don't think that there, I don't think many people are aware of the difference between
group of five and power four in the trenches.
The trenches are the difference in every level jump, if we're, if we're being quite honest here.
In terms of when you go from FCS to FBS, you have good athletes on the outside and all
the depth and the offensive and defensive line those are two biggest differences and so those are some
things that you know SMU has done a great job of addressing let's make no bones about it they've done a
great job of addressing depth on the offensive and defensive line but it's the depth of the overall team
how much talent do you have overall behind your ones and twos and the second thing is again your offensive line
how many of those guys have played quality snaps defensive line how many of those guys have played
quality snaps how many of them have played against a physical team okay because
there are certain teams in the ACC, you know what they're coming with.
You know how it's not going to be any frills or any, you know, trick plays or whatever the
case may be.
And honestly, with some of the talent that we've seen around the conference, this conference
is naturally going to lend itself to being more physical this year.
With all due respect, Florida State's running game got a lot better than its passing game
over this off-season.
With all due respect, Clemson's passing game hasn't done a ton to improve this off-season.
But they're running game.
They're coming at you with a 240-pound back in Phil Malfour.
And that is, yeah, that man is going to be a load.
I saw him listed at 225 or something.
I said, I know 225 when I see two-fuel.
That man is one Boberra biscuit away from 250.
Don't lie to me like that.
But Phil Mavis is a load.
You're going to have to bring him down.
Jordan Waters for NC State.
He's a built, he's built like a giant ball of muscle.
He's not a huge guy, but it doesn't look like you got an ounce of fat on his body.
And he's a very north and south runner.
And so, you know, I can keep on.
Damien Martinez now at Miami, 237.
237.
I'm telling you right now, this conference is setting itself up to be a very, very, very physical group.
And with that being said, I think that that's the only thing that may give SMU a lot of problems,
because if you look around the American, everybody's flinging a ball around a yard, everybody.
Tulane, which was one of their main to flinging a ball around a yard 24-7.
That's how they did it.
That's how they got their wins.
All these other teams around that conference,
I believe Arkansas State is in that conference as well.
Am I correct there?
Another team that loves throwing it.
Middle Tennessee, another team that loves throwing it.
Memphis, with Norville there, they ran the ball a little bit more.
But even now, they're starting to stray away from that,
get a little bit more pass happy and whatnot.
So, you know, you're looking at a situation where they beat,
they were set up to beat past happy teams, and they did so.
Now you've got to get in, put your big boy breeches on.
you've got to handle your business in the trenches because if not, you know, it's going to be a tough year.
But, yeah, I agree.
Athlon has it right in terms of, I think they'll be on the lower part of media end of the curve.
Yeah, all right.
So from beyond number seven, I remember they're, what, 17 teams in football in the conference now.
You got, they have UNC at number eight, Georgia Tech at number nine.
I kind of like that for Georgia Tech.
It's a little higher than a lot of the other publications rank them.
I think Georgia Tech is going to be a little bit better than people think.
Cal at 10, Syracuse at 11, Boston College at 12, Pitt at 13, Duke at 14.
I think that's a little lower than some people have Duke.
Wake Forest at 15, Virginia at 16, and then Stanford dead last at 17.
Any bones to pick there?
I think for the most part, they probably have that right.
I'm glad that somebody is finally saying the same thing about Syracuse as I am in terms of,
I love Fred.
In the future, I think he will have them in that contention space.
I don't think year one, first year ever as a head coach, not first year as a power five head coach, not first year as a FBS head coach.
First year ever as a head coach.
I don't see how you expect this team to be right there up in that five, six, right?
I don't.
And so, you know, this feels a little bit more right for Syracuse.
cues. But outside of that, I wouldn't say there's anything egregious or anything that I'm
like super jacked up about. I mean, the best of the rest seems to be correct. Yeah, no doubt. Well,
I'm sure we'll have more things to parse throughout Athlons predictions on a future episode.
So my friends, we will be back tomorrow. If you're enjoying locked on ACC, make sure to smash
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