West Virginia Gov. Patrick Morrisey and Attorney General JB McCuskey, during a joint press conference, call for transparency from the NCAA and answer questions as to why the West Virginia Mountaineers were left out of the 2025 NCAA Men's Basketball Tournament.

In Tuesday's episode of Smith's ESPN program "First Take," Smith criticized Morrisey's move to call for an investigation against the NCAA given his position as an elected official.

Gov. Patrick Morrisey (R-WV) announced in a press conference on Monday that he has asked state Attorney General JB McCuskey to investigate the NCAA. This comes after the West Virginia Mountaineers men’s basketball team was left out of the NCAA tournament despite its 19-13 record and 10-10 record in Big 12 conference play.