Report: No Suspension, or see you in court

Mike the Brit · Jul 16, 2015

Palm Beach Pats Fan said:
I have a hunch that there is one other reason why Goodell is not so eager for the lawsuit.

The NFL would LIKELY have to reveal what I think is a very embarrassing factoid about the Wells investigation. Based upon their own statements, the scientific firm hired by Wells (Exponent) was not the first group of scientists approached by Wells and the NFL to analyze the data. The first group of scientists approached was from Columbia U.

Did the Columbia profs reach a preliminary conclusion that Wells and the NFL found to be unacceptable, favoring the Patriots, so they were relieved of their duties and not even MENTIONED in the Wells report?

Imagine if they had to admit to this on the witness stand!

The choice for Goodell is
1) 0 games
2) anything else, and just HOPE that a judge says "it's a matter that management and labor need to solve without my help." Otherwise...POOF goes the case.

If this is true, it would surely blow things right out of the water for the NFL, I agree.

As has been pointed out, the NFL is in a strong starting position regarding the substance of the issue, given the way in which disciplinary powers are ceded to the Commissioner precisely to avoid every decision someone doesn't like being challenged in court. But there are limits.

And, though I don't know how "arbitrary and capacious" [= "capricious"?] is interpreted in the U.S. courts, there is no way that evidence that the investigation had been blatantly steered to produce a pre-determined result could be ignored by a judge. It's a textbook example of an unfair process.

Is there any independent evidence about what went on with Columbia?

Ivan · Jul 16, 2015

Got to give credit it where it's due. The courage Gary Tanguay showed today was Caitlyin Jenneresque. Who on earth would have thought this could have ended up in court before Tanguay's bold prediction to that effect came out? I won't be surprised if he calls a huge deal for Justin Houston tomorrow, I swear he's not only gutsy but frigging psychic.

supafly · Jul 16, 2015

Palm Beach Pats Fan said:
I have a hunch that there is one other reason why Goodell is not so eager for the lawsuit.

The NFL would LIKELY have to reveal what I think is a very embarrassing factoid about the Wells investigation. Based upon their own statements, the scientific firm hired by Wells (Exponent) was not the first group of scientists approached by Wells and the NFL to analyze the data. The first group of scientists approached was from Columbia U.

Did the Columbia profs reach a preliminary conclusion that Wells and the NFL found to be unacceptable, favoring the Patriots, so they were relieved of their duties and not even MENTIONED in the Wells report?

Imagine if they had to admit to this on the witness stand!

Except the NFL would simply point to Robert Kraft's obvious ties and background with Columbia University (after all, the freaking field is named after him due to his millions in donations) and claim that they wanted an "impartial" *cough, cough* third party to perform the investigation.

Mike the Brit · Jul 16, 2015

supafly said:
Except the NFL would simply point to Robert Kraft's obvious ties and background with Columbia University (after all, the freaking field is named after him due to his millions in donations) and claim that they wanted an "impartial" *cough, cough* third party to perform the investigation.

Oh, come on! They should have known that before they changed their minds. Any judge would laugh that one out of her court. (And discovery will entitle them to the emails surrounding any change. I will bet you that the "sorry, we're going in a different direction" message doesn't mention a possible conflict of interest.)

supafly · Jul 17, 2015

Mike the Brit said:
Oh, come on! They should have known that before they changed their minds. Any judge would laugh that one out of her court. (And discovery will entitle them to the emails surrounding any change. I will bet you that the "sorry, we're going in a different direction" message doesn't mention a possible conflict of interest.)

I believe that Columbia University did their own investigation relatively soon after 1-18-15, and it was just widely assumed that the NFL would use their findings. There was widespread concern that they'd go in a different direction due to Kraft's ties and alumni status.

In other words, I don't believe that "they changed their minds." I think it was just widely assumed that since Columbia did their own investigation, the NFL would use their results. As we know, they went in a different direction, mostly due to the Columbia results failing to fit their agenda.

EDIT: No, you're right. It was reported in the media that the NFL investigator would seek out Columbia's findings: http://www.nytimes.com/2015/01/28/s...ysicist-over-patriots-deflated-footballs.html

@Mike the Brit--in the article that I linked, they speak of using a different forensics service as well. Food for thought, indeed.

VectorPrime · Jul 17, 2015

If it comes out that the NFL rejected the Colombia findings because they weren't what they were hoping for that would be a hell of a smoking gun. As close to one as we can hope for anyway.

Mike the Brit · Jul 17, 2015

supafly said:
I believe that Columbia University did their own investigation relatively soon after 1-18-15, and it was just widely assumed that the NFL would use their findings. There was widespread concern that they'd go in a different direction due to Kraft's ties and alumni status.

In other words, I don't believe that "they changed their minds." I think it was just widely assumed that since Columbia did their own investigation, the NFL would use their results. As we know, they went in a different direction, mostly due to the Columbia results failing to fit their agenda.

EDIT: No, you're right. It was reported in the media that the NFL investigator would seek out Columbia's findings: http://www.nytimes.com/2015/01/28/s...ysicist-over-patriots-deflated-footballs.html

@Mike the Brit--in the article that I linked, they speak of using a different forensics service as well. Food for thought, indeed.

The legal issue is to identified flawed process, not flawed outcomes. If the outcome depends on relying on bad science offered in good faith, then that doesn't look like flawed process.

But if it can be argued that there was cherry-picking of the scientific advisors based on the likelihood of their producing a preferred outcome ... well, BOOMMM!!!

Sparetire · Jul 17, 2015

If this case goes to court (and I hope it doesn't, I hope it'll end with a complete exonaration) I'll be super happy.

Tom Brady isn't going down without a fight.

Nordberg · Jul 17, 2015

I'd love to see Brady get completely exonerated....and then publicly say he plans to take the NFL to court anyway.

Totally turning the table on something that's been BS from jump.

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Report: No Suspension, or see you in court

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