NFL admits the "independent" Wells Investigation wasn't.. Well... Independent

[Rob0729]

Apparently in their 15 page argument, the NFL is getting ready to fight the Judge for turning over the notes, transcripts, etc. from the Wells investigation and any communications between Wells and Pash about the writing of the report by claiming the Wells investigation wasn't independent and nor does it require to be in Article 46.

I think this is a huge PR mistake because they sold this as an independent investigation. According to Michael McCann it could be the reason they lose the case too.

Re Wells' bias, NFL: Article 46 does not require an “independent” investigation, commonplace for NFL personnel other to investigate conduct"

https://twitter.com/adbrandt/status/629817472363982848

If NFL loses to Tom Brady, chances are it won't have to do with PSI or even Brady but rather making mockery of "independent" investigations.

https://twitter.com/McCannSportsLaw/status/629820584323588096

Billy Fletcher‏@BillyFletch
@McCannSportsLaw what about NFL claim that investigation doesn't need to be independent under article 46?

Michael McCann‏@McCannSportsLaw
Michael McCann retweeted Billy Fletcher

NFL may be right investigation didn't need to be indpenedent, but problem for NFL is they assured everyone it was.

https://twitter.com/BillyFletch

https://twitter.com/BillyFletch

https://twitter.com/McCannSportsLaw/status/629821378129195008

 

[IcyPatriot]

From fighting to get Brady ...

to fighting to not release those notes which will ruin them beyond this case. Ha

 

[Froob]

How could this possibly be upheld?

 

[NashuaPats]

They suspend Brady for not turning over his phone, meanwhile they refuse to hand over their communications with Wells. I'm sure the irony is lost on those clowns.

 

[Rob0729]

From fighting to get Brady ...

to fighting to not release those notes which will ruin them beyond this case. Ha

Funny, how the NFL can win when they run the show and stack the decks when they are in control of the process. The second they are not in charge, they look like idiots.

What was the quote Stephen A Smith's NFL source told him last week? They wanted Brady to bring it to a Federal court because it would be at his "own peril". The NFL's credibility may be destroyed long before this sees a court room.

 

[PatsWSB47]

It looks like the NFL* is desparate, looking for any technicality they can find to prevail. Then again maybe they thought they were fooling everyone by getting them to focus on the argument on the independent thing and then surprising us with the "we don't have to be independent" thing. Hopefully the judge will see right through this and be able to legally rule in favor of Brady.

 

[deters]

How could this possibly be upheld?

 

[VectorPrime]

The judge releasing the appeal transcript was the best thing that could have happened. Everything has been falling apart for the NFL since then.

 

[RayClay]

I'm not a lawyer but, doesn't lying over and over again hurt any case?

 

[XLIX]

I don't even get the NFL's argument from a legal standpoint. They write in their filing:

The CBA expressly limits discovery to the exchange of exhibits upon which the parties intend to rely at the hearing, see CBA Art. 46 § 2(f)(i), and the Commissioner’s decision to deny additional discovery was based on his interpretation of that CBA provision.

So what happened was:
Kessler: May we please have the Paul, Weiss interview notes?
Goodell: No you may not, because you have no intention to rely on those notes at the hearing.

 

[Rob0729]

I'm not a lawyer but, doesn't lying over and over again hurt any case?

In the court of public opinion? Yes. I don't know if it will in court. Of course the Judge can determine that deceiving Brady to think he was being interviewed by an independent investigator when he was really being interviewed by an agent of the NFL with a clear bias to find the way the NFL wants to could be in violation of the laws of shop.

 

[Patriot Missile]

I've got to think on top of the rhetoric, they also have the NFLs disregard of Dotys decision hanging over their heads. From what I'm reading they didn't properly file their appeal. (Go figure)

I don't know law and don't pretend to be an expert but somehow this may influence Berman if the NFL just disregards other Federal Judges orders/verdicts. Not saying it should or will but you never know.

 

[Koma]

The NFL assured everyone, on multiple occasions, that the Wells investigation was going to be independent. After the report was released and there was a question of Wells' independence, Wells held a press conference to assure everyone he acted independently. Now the league is arguing that their investigations don't have to be independent?

Does the mean the NFL was also involved in the Mueller investigation, another allegedly "independent" investigation?

 

[woolster22]

With all the bloviating about an independent investigation, couldn't Kessler just argue they are changing their story to protect themselves from further embarrassment? Obviously I'm not a lawyer, but this strikes me as incredibly arrogant and absurd.

 

[XLIX]

I don't even get the NFL's argument from a legal standpoint. They write in their filing:

The CBA expressly limits discovery to the exchange of exhibits upon which the parties intend to rely at the hearing, see CBA Art. 46 § 2(f)(i), and the Commissioner’s decision to deny additional discovery was based on his interpretation of that CBA provision.

So what happened was:
Kessler: May we please have the Paul, Weiss interview notes?
Goodell: No you may not, because you have no intention to rely on those notes at the hearing.

OK I think I at least understand what they're saying here. The CBA:


(ii) Discovery. In appeals under Section 1(a), the parties shall exchange copies of any exhibits upon which they intend to rely no later than three (3) calendar days prior to the hearing. Failure to timely provide any intended exhibit shall preclude its introduction at the hearing.

So maybe they're saying "we only have to supply the Wells notes if we plan to rely on them during the hearing."....?

 

[billdog3484]

Here's the thing. Nflpa is attacking the appeal process as unfair, part of reason being nfl said there was an investigation that was independent. Nfl is just saying even if it wasn't independent it doesn't matter. The nflpa agreed that an independent investigation isn't necessary. We abided by the agreement. Therefore the appeal decision is not unfair.

So basically the nfl is saying even if the investigation was not independent we didn't violate anything

 

[grux]

By making some of these statements I am beginning to wonder if the NFL is o.k. with losing the case in court. Goody can spin it to the owners that he did everything possible to suspend Brady but it didn't hold up in court or the NFL thinks they are a dictatorship and don't have to be held accountable.

 

[Rob0729]

By making some of these statements I am beginning to wonder if the NFL is o.k. with losing the case in court. Goody can spin it to the owners that he did everything possible to suspend Brady but it didn't hold up in court or the NFL thinks they are a dictatorship and don't have to be held accountable.

I don't buy that argument. I know people make it all the time. Goodell doesn't care about losing in court because he can sell it to the owners that he stood by the tough punishment and the courts just overturned him.

Do people really think the owners are going to ignore that he has destroyed what was left of his credibility and made a mockery of himself and his staff in the process?

 

[XLIX]

The NFL assured everyone, on multiple occasions, that the Wells investigation was going to be independent. After the report was released and there was a question of Wells' independence, Wells held a press conference to assure everyone he acted independently. Now the league is arguing that their investigations don't have to be independent?

Does the mean the NFL was also involved in the Mueller investigation, another allegedly "independent" investigation?

Not only did he state his independence, but he did so quite vehemently (he actually calls it a "personal attack" to suggest he wasn't independent):

"The conclusions of the report represent the independent opinion of me personally and my team."

"But this is the first time that after I issued my report that I find someone is questioning my independence and is in some way suggesting that I was influenced by the league's office. And I think that is wrong. And that is what (motivated) me to speak today, and I think once I'm on the call and responding to the independence question, I think it's right for me to respond to whatever questions you have.

But if not for those personal attacks, I will be candid with you, I would not have responded. But I think those attacks are out of bounds, unfair and just plain wrong."

 

[PatsWSB47]

Florio will have something on this soon