Um, how about Rich Rodriguez’s much anticipated legal response to the lawsuit levied against him by his former employer, West Virginia University?

“The only way to tell whether or not West Virginia University has been damaged is to see if its donations to the foundation have decreased and/or if other expenses have increased,” his lawyers said, noting WVU hired assistant coach Bill Stewart to replace Rodriguez at a significantly smaller salary.

Rodriguez asked the court to make the foundation a third party to the lawsuit, citing recent news releases that claimed gifts to the foundation “were at an all-time high.” He wants the right to examine its books to find out if donations have dropped off since his departure.

Frankly, I’m astonished. And unimpressed. In fact, the only trouble I have with all of this is determining if I’m more astonished or unimpressed. And I’m not alone.

WVU attorney Jeff Wakefield said Rodriguez’s response “contains nothing new or unexpected.”

“It will have no effect on the merits of the university’s claims,” he said. “We believe there is no basis in fact or law for their claims and defenses. We look forward to presenting our case before the court as soon as possible.”

Let’s review some rhetoric from Camp Rodriguez:

Agent Mike Brown warned of a shell that contained a bomb.

For his part, Brown is promising a “bombshell” this week when he files a response to West Virginia’s lawsuit against Rodriguez. Manchin and WVU president Mike Garrison, he said, will have “some explaining to do back in the state.”

Lawyer Marv Robon, who, I kid you not, said WVU was acting like a jilted lover in trying to hurt Rodriguez, said he was going to hurt WVU.

“When I file something, I’m going to hurt them and I don’t want to,” Robon said. “I have no ax to grind with that university, but I have to protect the interests of Rich and his wife Rita. The other side is so hell bent on what they want to do — a burning-the-bridges kind of thing.”

For a while now, we’ve been left to wonder what might happen. And that was it. Wait … that was it? Really, Camp Rodriguez says that WVU can’t claim maximum liquidated damages to the tune of $4 million because the WVU Foundation is operating “at an all-time high.”

…So? 

One wonders if people are perhaps jaded by Rodriguez, proud of the Fiesta Bowl victory and excited about Bill Stewart and his staff. Would the combination not urge donors to donate? And what do we make of all these outraged donors who rushed to Rodriguez’s defense when donations are actually at unprecedented levels? Is Rodriguez’s argument not easily disarmed? What’s the sound of one hand scratching a check?