SmashMouth

An update from NOLA.com...

"We had two fundamental issues that have come to the forefront today," Vilma attorney Peter Ginsberg said. "One is a question about how we ended up in a place, at a proceeding, where the commissioner has so unilaterally and in such a draconian fashion believes that he can take over control of a proceeding like this. Putting aside how we got here, even with regard to the few fundamental rules that should govern these proceedings he cannot abide by them. For an example, the commissioner was obligated to produce the documents to us within 72 hours before the proceeding. The NFL didn't produce any of their documents 72 hours before the proceedings. When you look at those documents it's clear the commissioner whas withheld from us thousands of pages that he gathered during the course of his supposed investigation. He was also unwilling to present any witnesses to us. So we got upstairs and the commissioner has tried to regroup by adjourning today's hearing after we presented our position with regard to the process and with regard to the merits. We're not willing to participate in that kind of sham. The commissioner had legal obligations, procedural obligations. He failed in those obligations and as far as we're concerned these proceedings are over."


The NFL, for it's part, insists it complied with the language of the collective bargaining agreement by turning over some 200 out of tens of thousands of pages it amassed last Friday, three calendar days before the hearing. It was the players side that requested the adjournment, according to the NFL, to give it more time to review what has already been produced.

But it is what has not been produced that is telling, according to Ginsberg. Vilma stands accused of offering $10,000 to any teammate who took out an opposing quarterback in the 2009 playoffs, a chilling allegation he and Ginsberg say is untrue. There was no evidence in Friday's offering to support that charge, according to people favorable to the players who have reviewed it, and Ginsberg contends the massive files the NFL has thus far kept hidden would prove the falsity of the accusation.

"(Goodell) attempted to adjourn it, we closed the record," Ginsberg said. "For more abuse of the process and of Jonathan's rights? No, we've decided enough is enough. (Goodell) knows what the evidence is and if he chooses to ignore the evidence then we have to proceed as best we can to reclaim Jonathan's reputation."

Ginsberg thus left open the possibility, which he declined to address, that Vilma may seek additional recourse through the courts. Vilma has already filed a defamation lawsuit against Goodell personally in federal court in New Orleans.

"I'm an eternal optimist," Ginsberg said. "Perhaps the commissioner will rethink what he's doing."

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This poses an interesting wrinkle .... the league, or Goodell, according to Ginsberg, did not comply not only in a timely manner but also in terms of the actual evidence. So it looks like that Vilma now has yet another recourse upon which he can pounce on the NFL and the commissioner.

JimmyB1775

Wait a second. Isn't the CBA just a larger scale of a contract? If a contracted company doesn't uphold its end of the contract, legal recourse is ABSOLUTELY an option, and a damned good one if you ask me. Courts won't be able to reinstate Sean Payton or 51, but they can order that ALL 50,000 pages be turned over in which case, it will be open source. Then Goodell will have no choice but to step down. Then, politically speaking, the next guy would have to reinstate those suspended because the evidence is out and everyone knows the truth. This is absolutely a breach of contract. That's a thing in America. There's blood in the water!

SmashMouth

That's exactly what I was relaying earlier.... Goodell has painted himself into a corner!

TheOak

Yes it is... and that contract (agreement between all the players collectively and the NFL) granted Goodell the power to be "Judge, Jury, and Executioner".

That is the problem... Had the very players that are claiming he does not have that power not given it to him, they would have a legal case. So far there is no breach of contract, only an execution of powers granted.

At this point, all they can pursue with any realistic expectation of success are personal cases for slander and deformation of character.

saintfan

They can also go on strike. Hell, they should at least threaten to go on strike. Again, "you signed the deal now live with it" just doesn't fly with me, because who in their right mind could have foreseen Roger going bat **** crazy like that?

The NFL isn't operating in good faith. So yeah, the players are 'stuck', right up and until the either strike and threaten to strike. If they are truly appalled by this whole thing the strike card is their best bet.

jlouhill

I'm having a real hard time wrapping my head around something in all this since it started. I am in no way a supporter of Goodell. At first I liked his hard stance on some of the trouble makers in the league but as time went on the fines and suspensions for on the field actions became excessive. Now I would be willing to give Goodell and the NFL the benefit of the doubt with the excessive punishments based on the fact that they "say" they have evidence. The reason I would do this is becuase you supposedly have educated people in positions of great authority here. What perplexes me is could Goodell and the NFL be so stupid as to think that he could just arbitrarily hand down excessive punishment without having sufficient evidence to justify it and say I have the evidence and I don't have to show it because I have the power to do what I want? If it's a safety issue and he's making an example then why isn't James Harrison suspended for the year. How many times was he fined for lowering the boom on opponents and kept on doing it with contempt for the league not caring about the fines? Why isn't Suh suspended for the year. Heck, he is on tape stomping on an opponents arm and that certainly wasn't his first occurrance. Here we have guys suspended who spent a lot of time injured themselves and we have no tape, except the high-low on Favre, showing where any of them went after players without regard for that player's safety. Unlike the likes of Suh, Harrison, etc. I'm sorry, I'm rambling but I just find it hard to believe that Goodell could actually be that stupid. But then again, maybe it's not such a stretch.

DaveyFoSho

Good for him. I'm absolutely sick of Goodell and his petty bs. He embraces the players on draft night then bones them mercilessly the rest of their careers.

TheEnigma

So what happens now?

|Mitch|

we wait...

Halo

The federal trial might move quickly as Civil courts move fast. Could be weeks, but I'm sure the defense (Goodell) will try everything in it's power to extend the case until after the season begins because when football starts, people forget.

Let's see...