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I definitely disagree. The NFLPA DID agree to let Goodell be the arbiter of his own punishment, so the fact that he was the arbiter is NOT in issue here. but AS the arbiter, there are some things that Goodell does needs to follow.If a Judge wants to go by the letter of the law, the NFLPA has no case as they agreed to everything in the CBA and the CBA lets Goodell do whatever he wants. Not trying to be a downer or anything, but we don't really know anything about this judge aside from he wants everything public and for both sides to stop talking in public about the case.
1. He needs to make a case that the process was a fair one....or at worst has the appearance of being fair. Goodell and the NFL can't even come close to reaching even THAT low bar.
2. He needs to follow the rules, procedures, policies and precedents of the NFL and the CBA signed in 2011. You cannot show me anywhere in the NFL rules, procedures, precedents and in the CBA, where Goodell is allowed to charge a man with a crime he can't reasonably prove occurred, then punish him with a sentence so draconian that it defies explanation. Tampering with balls - $9,000 fine Not cooperating with an investigation (which has been proven to be a flat out lie) $50K fine., No suspensions - No multi-million dollar fines - No team penalties EVER.
3, All the emails (and that's just the one's we know so far) showing the NFL's purposely misrepresenting and flat out lies in the run up to the hearing and the lies and misrepresentations in Goodell's explanation are simply a dessert that's available to Judge Berman if he chooses to use them. Remember it's not like he CAN'T use this info, its just that he doesn't have to.
As someone early opined, Its NOT just as simple as the NFL saying section 406 (or whatever paragraph allows the commissioner to be judge as well as arbiter) allows us to do anything we damned want.
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