Agree which is why I focused on the appeal of Brady's suspension. Goodell could have just given up after Berman, and have just walked away with the draft picks. Instead he keeps the story in the news for 12 more months which caused the majority of fans and media to scrutinize further and realize Goodell was in the wrong here (even if they're thrilled about the result and feel it's "payback" for what they "should have" gotten during SpyGate....). And he caused no immediate extra damage to the Patriots, while giving their insurance policy some actual live game experience, and gave the possibility of him turning into assets to help lessen the draft pick penalty they had.
As for 2008, just do what I do to numb the pain: assume the Pats traded pick 31 into 2009, and then used the 2009 pick on Percy Harvin who then has injury and attitude issues and doesn't live up to his potential....