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Depends on your definition of what independent is.
IMO the Wells Investigation was never independent from Day 1. NFL Security were involved from the get-go. That is not independent and doesn't even include Pash redlining and editing the report.
The claim of it being independent was a fabrication from the beginning.
I'd go so far as to say that, from the day Wells agreed to take on the investigation as the NFL's attorney (which he must have done to invoke attorney-client privilege), this investigation was self-evidently not independent from the NFL.
It was a lie from day one. What remains to be seen is whether Berman will conclude that it matters that he lied. Maybe the NFL's argument--that even though they lied, the investigation wasn't required to be independent, so it doesn't matter--will win out. Maybe the judge will decide that Goodell is evidently biased in a case where the report was prepared by his own attorney. Maybe the judge will decide that even if Goodell could theoretically serve as an unbiased arbitrator to his own attorney's report, the fact that he made public assurances to Brady that the report was independent undermines his ruling and shows his bias (by lying) in action.
It'll be interesting to see what he concludes.












