This, sadly, could be a stroke of genius by the NYFL.
Since Berman is only reviewing procedure, not judgement/facts, this grounds the punishment on something that I bet players do have notice of and is a type of violation that's been applied to players, as opposed to the "generally aware" BS.
I'm not sure if I would describe it as brilliant, however, I think you are on to something. Obviously this is Scummy Goodell's Plan B in case the judge says the 'complete power' article in the CBA is not applicable. Prior to Goodell's lies being exposed, the case the NFL put together was weak. Goodell used the bullying of his powerful media machine to completely gloss over the weakness. Now that the media bully machine isn't available in a court of law to Goodell, the "more probable than not" "generally aware" (among other things) probably is scoffed at by the court. So sleazy Goodell is rewrting the story to make it 'pretty' for the court.
- Letting Vincent decide the punishment could be grounds for losing the case. New story: it was actually Goodell who decided it.
-The investigation and behind the scenes process was independent and fair. A judge, though, will not believe 'independent' and therefore not fair. New story: Maybe it wasn't independent but that doesn't matter because we clearly get to decide what the definition of fair is (no need for the court to waste its time looking at documents to see if it was actually fair).
-Brady was more probably than not generally aware. That's a weak statement that a judge would clearly raise an eye to. New story: an absolute statement that he was the mastermind behind the scheme.
So I agree it may be a good tact by Goodell as the judge may disregard all aspects of 'guilt', not care what was stated prior to the court action, and only look at the information each side submits on very specific points. Here is where that tact starts to unravel. Brady's side will find some way, if possible, to get the NFL lies before the judge. A judge is a human being and I assume looks harshly at those who come to his court and verifiably lie to him directly. So assuming the judge doesn't find law or CBA language that ties his hands (in other words he believes the issue in within a gray area - which I think is likely), he will take a broad view of the information, see the lies put forth to him (again assuming Brady's side gets them before the judge), and is likely to make him hostile to the NFL's argument (again this is a human trait). Likely even confirm abusive actions by sleazy Goodell.
Bottom line: the NFL changing their story, admitting they lied could earn a win in a court that steadfastly remains narrow in what information they will use to decide a case that touches clear aspects of contract/law. But if the judge sees this as gray area at all, he will be looking at all available information to navigate the gray area. IMHO this should equate to a loss and smackdown for the NFL. And their lies will have helped seal that smackdown (again assuming a judge looks harshly upon those who lie right to his face).
