#DFG: Canceling the Noise

[Yossarian]

I know next to nothing about internal corporate investigations or the like, so maybe this is common practice in that world.  But I am bothered by one point that keeps getting brought up -- that "more probable than not" is not a troubling standard by which to judge guilt because that's essentially the same standard--preponderance of the evidence--that is followed in civil litigation.
 
That's true enough, but one of the reasons that standard is followed in the court system is because it's been arrived at through the adversary process.  The evidence of the plaintiff has been tested through (hopefully) rigorous cross-examination by parties with a strong interest in testing it, experts presented by one side are frequently offset or challenged by competing experts, and then the factfinder evaluates everything they've just seen and heard -- only deciding at THAT point if there's 51 percent evidence that the plaintiff has proved its case.  
 
This "process," such as it is, features none of that.  No one from the Patriots has had any opportunity to challenge the expert conclusions, poke holes in witness testimony, or subject the evidence or conclusions drawn to any kind of pushback before the "verdict" was reached.  As I said, maybe that's commonplace when dealing with corporate or internal investigations, but it has nothing to do with the standard of proof set out in litigation -- so it shouldn't be defended that way.

 

[ivanvamp]

What if Brady spends some of his multi-millions on his own report that annihilate the Wells report?
 
Say, a 100+ pages report that hires real scientists & blows every hole in the Wells report to smithereens.

You wouldn't need to spend millions. Heck, any one of us here could shred the Wells report in a few days. I'd do it for, say, an autographed jersey or somethig.

 

[Myt1]

Right, good point. If it's an AAA arbitration or something. My statement was way too broad. I assumed that player discipline arbitrators don't issue subpoenas, but maybe they can and do.

Just wanted to make sure I wasn't going to get disbarred.

 

[pappymojo]

You wouldn't need to spend millions. Heck, any one of us here could shred the Wells report in a few days. I'd do it for, say, an autographed jersey or somethig.

 
I would love to see exactly this article on Inside the Pylons.  I would hope SumnerH and some of the in-house attorneys would be involved.

 

[Myt1]

I feel shame. Such shame. I'm throwing in the towel for tonight in slow motion.

This is like finding out that Santa doesn't like milk and cookies.

 

[soxhop411]

Don Yee on Mike and Mike right now.

What was said?

 

[Fred in Lynn]

Beyond that, though, the rule assumes an intentional act, not just negligence.

"Once the balls have left the locker room, no one, including players, equipment managers, ball boys, and coaches, is allowed to alter the footballs in any way. If any individual alters the footballs, or if a non-approved ball is used in the game, the person responsible and, if appropriate, the head coach or other club personnel will be subject to discipline, including but not limited to, a fine of $25,000."

Based upon the language of the rule, if a team employee or player intentionally alters a football AFTER inspection, the suggested penalty is a $25,000 fine.

Now, if I were arguing the other side, I would say the Panthers were just negligent; they were trying to soften the leather in a cold game and because they did it right on national TV, they probably didn't know they weren't allowd to do it. Whereas a Patriots' employee repeatedly letting air out of balls out of sight demonstrates some type of malfeasance.

But that's not how the language reads. The League shouldn't say, well, it's only a $25,000 if a team fails to offer properly inflated footballs or it is discovered that they are using improperly inflated footballs, but based on the Patriots' acts, it was conduct detrimental to the league. The rule is already assuming someone altered the footballs intentionally

"If...a non-approved ball is used in the game, the person responsible and, if appropriate, the head coach or other club personnel will be subject to discipline, including but not limited to, a fine of $25,000."

I was looking at Rule 2, but your example states it even more clearly. Practically speaking, it's best not to make assumptions when it comes to the law (even if it's just the NFL's law), no?

 

[Leather]

This "more probable than not" crap really makes one appreciate the "beyond a reasonable doubt" criteria for criminal trials, because it clearly doesn't take much evidence for people do go from "they didn't do it" to "they probably did it".  There are people out there who were convinced of Brady's guilt when they found out McNally couldn't remember whether he pissed in a toilet or urinal several weeks before.

 
I'm not convinced the "evidence" presented in the report would result in a finding of liability ("preponderance of the evidence") in civil court.   Wells presents the facts surrounding the presumptions on which he makes his conclusion.  Fine.  At that point, it's the other party's job to present sufficient facts to dispel that presumption.  The problem is, Wells almost certainly deliberately presents a shitty and flawed counter-argument to his initial presumptions.
 
EDIT:  Yossarian put it better than I did.  Wells allows himself to be persuaded by his initial presumptions without doing a good-faith analysis of the obvious counter that someone representing the Patriots (hell, anybody on this thread) would have put forth.   But because he bothered to do an "analysis" of the points at all, he's given credit with being fair and balanced.   

 

[DJnVa]

Don Yee on Mike and Mike right now.

 
 
Anything new?
 
 
 
Also, Yahoo Sports apparently published a story this morning (an alert popped up on my phone) about this report bringing the Pats fumble rate issues back into the light.
 

 

[Omar's Wacky Neighbor]

 
Could be, DD, but doesn't Wells claim in the report that they offered to allow counsel to filter out only those messages that are directly pertinent to the charge, that is, the handling of the football? 
 
That may have been a gambit, but it does neutralize some privacy arguments IMO.

But on the chance Brady and Yee went along with that, and nothing incriminating was found, isnt there the the likely possibility that folks would be screaming it's because Yee was allowed to scrub/sanitize/Mr. Wolf the phone.  IOW, Brady can't win, no matter what he does.....?

 

[dcmissle]

I know next to nothing about internal corporate investigations or the like, so maybe this is common practice in that world.  But I am bothered by one point that keeps getting brought up -- that "more probable than not" is not a troubling standard by which to judge guilt because that's essentially the same standard--preponderance of the evidence--that is followed in civil litigation.
 
That's true enough, but one of the reasons that standard is followed in the court system is because it's been arrived at through the adversary process.  The evidence of the plaintiff has been tested through (hopefully) rigorous cross-examination by parties with a strong interest in testing it, experts presented by one side are frequently offset or challenged by competing experts, and then the factfinder evaluates everything they've just seen and heard -- only deciding at THAT point if there's 51 percent evidence that the plaintiff has proved its case.  
 
This "process," such as it is, features none of that.  No one from the Patriots has had any opportunity to challenge the expert conclusions, poke holes in witness testimony, or subject the evidence or conclusions drawn to any kind of pushback before the "verdict" was reached.  As I said, maybe that's commonplace when dealing with corporate or internal investigations, but it has nothing to do with the standard of proof set out in litigation -- so it shouldn't be defended that way.

This is not a criminal proceeding, and TB will get that chance if he is disciplined. Kraft will get something less satisfactory if the team is sanctioned, but he signed up for that when joining the billionaires club.

I don't think people understand the guns that will be trained on this report and the people who put it together if TB is suspended.

 

[simplyeric]

 
It would still be a violation, but Brady wouldn't be culpable.

 
sure he would.  Let's say they found a text that Brady wrote that says "make sure Joe Deflator adjusts the balls to 13.0 psi after the refs inspect them" that would mean that Brady is culpable for a violation of the rules.
 

He's not so much being strung up for the psi values, he's being strung up for the manipulation.
 
It's not even going 60 in a 55.  It's like he was transitioning from a 65 mph zone to a 55 mph zone, and jake-braked from 65 down to regulation 55, and is being ticketed for a noise violation because of the loud engine noise.

 

[Eck'sSneakyCheese]

I haven't been able to watch or listen to any sports news since this came out. The clamoring for "justice" in this case is sheer idiocy. Brady should be suspended because he probably knew something? Probably? What a joke. The NFL overseers are a laughing stock and they have been for some time now. Under inflating/over inflating, who cares? Has it been proven that it gives a competitive edge? This seems to me to be less impactful than wetting down the infield to slow down ground balls and that isn't even illegal in baseball. I'm hoping that Tom's statement if/when he makes it is seething with animosity towards the entire process of this "investigation." Being punished for a maybe is asinine. It's hard not to feel like the Pat's are getting screwed yet again by the league. The media uproar in this case is vomitous.

 

[simplyeric]

 
More probable than not. 
 

Spoiler

Brimming with action while incisively examining the nature of truth, "Rashomon" is perhaps the finest film ever to investigate the philosophy of justice. Through an ingenious use of camera and flashbacks, Kurosawa reveals the complexities of human nature as four people recount different versions of the story of a man's murder and the rape of his wife.

 
 
Whew, I got that one! (but I wasn't sure)

 

[Yossarian]

"This is not a criminal proceeding, and TB will get that chance if he is disciplined. Kraft will get something less satisfactory if the team is sanctioned, but he signed up for that when joining the billionaires club.

I don't think people understand the guns that will be trained on this report and the people who put it together if TB is suspended."
 
I know it's not a criminal proceeding -- if it were, the standard of proof would be still higher.  But my point is, in civil litigation you get the chance to push back and make your case before the "discipline" (or damages, or whatever), gets handed down, not after. Here, the low standard of proof is being defended as similar to the one used in civil litigation -- but with none of the protections the civil litigation offers for the "defendants."  That's my point.  

 

[RetractableRoof]

 
sure he would.  Let's say they found a text that Brady wrote that says "make sure Joe Deflator adjusts the balls to 13.0 psi after the refs inspect them" that would mean that Brady is culpable for a violation of the rules.
 
He's not so much being strung up for the psi values, he's being strung up for the manipulation.
 
It's not even going 60 in a 55.  It's like he was transitioning from a 65 mph zone to a 55 mph zone, and jake-braked from 65 down to regulation 55, and is being ticketed for a noise violation because of the loud engine noise.

More like he was doing a 60 in a 55 and pulled over and ticketed for having a radar detector as well as speeding. 

 

[Lose Remerswaal]

 
 
Anything new?
 
 
 
Also, Yahoo Sports apparently published a story this morning (an alert popped up on my phone) about this report bringing the Pats fumble rate issues back into the light.
 

 
that came up in fivethirtyeight's analysis yesterday

 

[Myt1]

This is not a criminal proceeding, and TB will get that chance if he is disciplined. Kraft will get something less satisfactory if the team is sanctioned, but he signed up for that when joining the billionaires club.

I don't think people understand the guns that will be trained on this report and the people who put it together if TB is suspended.

Goodell doesn't have the best record lately in reviews of his disciplinary decisions, either, and that's for stuff that we actually know happened.

 

[lambeau]

Does Tom really have a legit privacy claim? Because if not, that's defiance of the league. The way I read it, they would let Tom's lawyers submit only those messages pertaining to football manipulation--putting the lawyers on the spot because presumably they would be loathe to misrepresent. It seems to me hard for Tom to claim undue intrusiveness if only his lawyers scroll through his phone. So they might suspend him for lack of cooperation without claiming he ordered the Code Red.
NFL politics must be getting real interesting. Kraft is in open defiance by not producing McNally. I don't think the other owners will allow that; I think that costs a draft pick, making Kraft Goodell's enemy for life.

 

[Ed Hillel]

 
sure he would.  Let's say they found a text that Brady wrote that says "make sure Joe Deflator adjusts the balls to 13.0 psi after the refs inspect them" that would mean that Brady is culpable for a violation of the rules.
 
He's not so much being strung up for the psi values, he's being strung up for the manipulation.
 
It's not even going 60 in a 55.  It's like he was transitioning from a 65 mph zone to a 55 mph zone, and jake-braked from 65 down to regulation 55, and is being ticketed for a noise violation because of the loud engine noise.

Ok, I was misunderstanding. I thought you meant if McNally was doing it because Brady generally told him he wanted the balls lower, not at a specific level and not after inspection.

 

[Silverdude2167]

Goodell doesn't have the best record lately in reviews of his disciplinary decisions, either, and that's for stuff that we actually know happened.

I don't know what you are talking about? There was no proof that Ray Rice beat his then girlfriend and they looked really hard and probably spent like $50 dollars looking into it.

 

[yecul]

It's hard to keep up with this full thread, but I do not recall the mention. Regarding the "more probably than not" phrasing I heard on a talk radio show that this is the threshold of proof in the rule book. That would explain Wells' use of the language. It's talk radio and I don't have the rulebook, so grain of yada yada.

 

[dcdrew10]

What if Brady spends some of his multi-millions on his own report that annihilate the Wells report?
 
Say, a 100+ pages report that hires real scientists & blows every hole in the Wells report to smithereens.

 
He could do this, but I don't think it would have the power to compel people to talk like the Wells investigation. He might get some Patriot's personnel to speak voluntarily, but It's not like he could get Grigson or Walt Anderson to talk and the NFL would do everything in it's power to shut it down. And no one would believe it's unbiased, which is hilarious, since it's more probable than not that the Wells report is biased

 

[Silverdude2167]

Does Tom really have a legit privacy claim? Because if not, that's defiance of the league. The way I read it, they would let Tom's lawyers submit only those messages pertaining to football manipulation--putting the lawyers on the spot because presumably they would be loathe to misrepresent. It seems to me hard for Tom to claim undue intrusiveness if only his lawyers scroll through his phone. So they might suspend him for lack of cooperation without claiming he ordered the Code Red.
NFL politics must be getting real interesting. Kraft is in open defiance by not producing McNally. I don't think the other owners will allow that; I think that costs a draft pick, making Kraft Goodell's enemy for life.

The NFLPA would go ape shit if they suppended him for not turning over phone records.

 

[pappymojo]

More like he was doing a 60 in a 55 and pulled over and ticketed for having a radar detector as well as speeding. 

 
But that the officer's radar gun had not been properly serviced or inspected in the past five years.

 

[dcmissle]

Goodell doesn't have the best record lately in reviews of his disciplinary decisions, either, and that's for stuff that we actually know happened.

For people who don't understand how this can go, here is Judge Jones (ret) in the Ray Rice case:

http://espn.go.com/pdf/2014/1128/141128_rice-summary.pdf

Pages 9 to 17 show how new a-holes can be ripped, factually and legally.

 

[Ed Hillel]

I don't know what you are talking about? There was no proof that Ray Rice beat his then girlfriend and they looked really hard and probably spent like $50 dollars looking into it.

Let's be totally fair here: Roger didn't know how serious of an issue it was until he learned himself, but that happened after the Rice incident. He learned a lot last year, he said so himself. Show some empathy, bro.

 

[Hoya81]

Does Tom really have a legit privacy claim? Because if not, that's defiance of the league. The way I read it, they would let Tom's lawyers submit only those messages pertaining to football manipulation--putting the lawyers on the spot because presumably they would be loathe to misrepresent. It seems to me hard for Tom to claim undue intrusiveness if only his lawyers scroll through his phone. So they might suspend him for lack of cooperation without claiming he ordered the Code Red.
NFL politics must be getting real interesting. Kraft is in open defiance by not producing McNally. I don't think the other owners will allow that; I think that costs a draft pick, making Kraft Goodell's enemy for life.

McNally's status is interesting. The report said when NFL security initially requested an interview, McNally said that after the AFCCG, he was not expected in Foxboro again until August. If his employment arrangement with the team/access to the stadium is limited to gamedays, do the Patriots have a right to request his cooperation?

 

[twibnotes]

Again, should every teammate and coach who is "generally aware" that a player might be doing steroids also subject to the same predicament - either put a stop to it or face suspension yourself?

This is a great point. It's safe to say PED use is rampant in the league, and many coaches and players know it or partake.

(Funny that Brady is under so much heat over PSIs when he's on a short list of NFL players who looks like a non-juicer)

 

[simplyeric]

More like he was doing a 60 in a 55 and pulled over and ticketed for having a radar detector as well as 

I'm not sure they're going to hit him with playing with under-inflated balls.  I think they're going to hit him with manipulating them after inpection (or rather, causing them to be maniuplated)..  My take (somewhat hazy) is that the real thing is that their "science" cannot explain the final results of the balls more so than the actual value.
 
So in this case, yes, they are saying that he was riding on a big Harley that was going 58 in a 55, but that he told the driver to gun the engine to get to 58, which made a loud engine noise, and they are charging him with causing the actual driver to make the noise violation.

 

[dcmissle]

This is a great point. It's safe to say PED use is rampant in the league, and many coaches and players know it or partake.

(Funny that Brady is under so much heat over PSIs when he's on a short list of NFL players who looks like a non-juicer)

Or, taking an actual case, every defensive player and special teamer on the Saints was potentially on the hook for BountyGate. Didn't happen.

TB may be a coach on the field. He is undoubtedly more influential there than almost everyone. He is not management and no magic potion can turn him into management.

This does not matter to bloviators. It very much matters to retired federal judges serving as case officers.

 

[LuckyBen]

In regards to the limitation of time to measure the psi of the balls at halftime, why was there only four to five minutes.  The 2nd half started late as it was, so what was going on during the 20-30 minutes of halftime.  They had to of felt that they caught the Patriots red handed and were justified in measuring only four of the Colts balls. What this really comes down to, is it might have been one of the worst sting operations of all time.

 

[normstalls]

FYI - TB12's agent Don Yee is coming on Dan Patrick's radio if interested

 

[ivanvamp]

This is a great point. It's safe to say PED use is rampant in the league, and many coaches and players know it or partake.

(Funny that Brady is under so much heat over PSIs when he's on a short list of NFL players who looks like a non-juicer)

 
PED usage carries with it a 4-game suspension.  Football tampering carries a $25k fine.  Clearly, in the eyes of the NFL, the former is a more serious matter than the latter (especially when they didn't do ANYTHING when they caught Carolina tampering with footballs during a game).  So being generally aware of the lesser matter may get Brady suspended, but being generally aware of the greater matter nets you no punishment whatsoever?

 

[SeoulSoxFan]

FYI - TB12's agent Don Yee is coming on Dan Patrick's radio if interested

 
Hope Simmons has him as a guest on his soon-to-end B.S. Report (aka as he leaves ESPN).

 

[jimbobim]

So just got this update from the TMZ'sqe Bleacher Report.
 
Patriots Reputation as "NFL's best cheaters" Led teams to assist Colts efforts to catch them, sources tell BR" 
 
I'm not going to listen/or give them the click but wouldn't this be the definition of a sting ? Just projectile puke worthy. 

 

[JokersWildJIMED]

In regards to the limitation of time to measure the psi of the balls at halftime, why was there only four to five minutes.  The 2nd half started late as it was, so what was going on during the 20-30 minutes of halftime.  They had to of felt that they caught the Patriots red handed and were justified in measuring only four of the Colts balls. What this really comes down to, is it might have been one of the worst sting operations of all time.

I know the report tries to address the issue, but not completely, regarding when exactly the balls were brought in (both the Patriots and Colts balls) and when exactly each were measured.  It is clear that the Patriots balls were measured first, giving less time to acclimate, given that they were near the kickoff by the time the Colts balls were finally being tested.  Also, the Colts balls were used less than the Pats balls during the first half, thus being subject less to the rain.

 

[Silverdude2167]

[SIZE=10.5pt]Magary chimes in with probably the most accurate portrayal of how fans who hate the Pats feel.[/SIZE]
 
edit: hopefully that works now.

 

[bsj]

On DP radio (lots of stuff we already knew)
 
Yee says he has not spoken to league. 
 
Yee wont get into hypotheticals re potential suspensions. 
 
Yee believes league is gauging public reaction, and that it will make its punishment decision based on it. 
 
Yee says Tom was very cooperative. Answered every question. He went through the texts in detail. Yee didn't object to a single question.
 
Yee says that the science in the report is shoddy, that he is getting emails from scientists who disagree with it. 
 
Yee says report lacked any direct evidence. 
 
Yee won't say "witch hunt", but thinks that the profile of team and personal feelings played a part in this.
 
Yee says that he hopes Tom is starting in week 1, as he doesnt see any basis in the report for a significant punishment. Thinks there are too many variables.
 
Yee- no idea when they will hear anything from the league. 
 
Yee- Brady has not been asked to speak to Commish since report came out. He is surprised at that.
 
Yee- Brady is emotional. Lots of emotions. Difficult to accept conclusions from report given what was within it. 

 

[dcmissle]

 
that came up in fivethirtyeight's analysis yesterday

so the blog of He-Who-Must-Be-Worshipped-Here (sorry Rumpole) has bitten SoSh in the ass?

I cannot compete with them on science. But when they say that the fumble rate is proof this has been going on for years, I can and will kill them on logic ...

But it happens. Nate is great at politics and baseball. He sucks ass on college basketball and soccer. So, too, with the sons of Nate ...

 

[TheoShmeo]

If Tom Brady or Donald Yee asked you to help design his defense or PR strategy, what would you tell him?
 
One answer might be to not even try mcuh PR wise.  The damage is done and the less said the better.  Time will heal all wounds (or at least it will help them.  Throwing gasoline on the fire or protesting too much is a bad idea.  Or something along those lines.
 
That is not my answer, even though I well understand it.
 
If I was asked to advise, I would urge that they:
 
1. Have Tom clearly express that he never asked for the balls to be set below the legal limit.  However you characterize the conversations over the years, no one was ever told to get balls below 12.5.
 
2. Not worry about throwing the ball dudes under the bus.  With care, Tom can say the above in a way that does not implicate them.  "I don't know anything about how the balls in the Colts game got below 12.5.  I don't know if the measurements were right, I don't know about atmospheric impacts, I don't know if there was an honest mistake, I don't know anything...I simply have no idea.  All I know is that no one ever heard from me or got the suggestion from me that the balls should be below the limit.
 
3. Illustrate the perverse nature of the timing.  If they measured balls after the Jets games, would people be saying that Tom wanted or asked for over-inflated balls?
 
4. Rally some other NFL coaches and QBs to make the general point that this whole situation is wildly overblown.
 
I'm sure there are other and better ideas out there.  And I'm guessing that there are some readers here who have much more experience with PR or setting up a defamation suit or appeal from a fine or suspension than I do. 

 

[McBride11]

If TB gets suspended indicating the NFL finds this as egregious as domestice violence, do we get a slew of 'No More Deflation' ads with awkwardly crying actors and players next year?

 

[jose melendez]

The best defense for the League is "How the fuck is this good for the LEague?"  I get that individual front office dicks can hate the Pats, but how does this shitstorm possibly benefit Goodell?  I guess since he'd already made a fool of himself this goes all in?

 

[MarcSullivaFan]

On DP radio (lots of stuff we already knew)
 
Yee says he has not spoken to league. 
 
Yee wont get into hypotheticals re potential suspensions. 
 
Yee believes league is gauging public reaction, and that it will make its punishment decision based on it. 
 
Yee says Tom was very cooperative. Answered every question. He went through the texts in detail. Yee didn't object to a single question.
 
Yee says that the science in the report is shoddy, that he is getting emails from scientists who disagree with it. 
 
Yee says report lacked any direct evidence. 
 
Yee won't say "witch hunt", but thinks that the profile of team and personal feelings played a part in this.
 
Yee says that he hopes Tom is starting in week 1, as he doesnt see any basis in the report for a significant punishment. Thinks there are too many variables.
 
Yee- no idea when they will hear anything from the league. 
 
Yee- Brady has not been asked to speak to Commish since report came out. He is surprised at that.
 
Yee- Brady is emotional. Lots of emotions. Difficult to accept conclusions from report given what was within it. 

Has Yee denied any wrongdoing on the part of Brady? Would be puzzling if he hasn't yet.

 

[bsj]

If TB gets suspended indicating the NFL finds this as egregious as domestice violence, do we get a slew of 'No More Deflation' ads with awkwardly crying actors and players next year?

 
Funny or Die has got to be on this. 

 

[SeoulSoxFan]

so the blog of He-Who-Must-Be-Worshipped-Here (sorry Rumpole) has bitten SoSh in the ass?

I cannot compete with them on science. But when they say that the fumble rate is proof this has been going on for years, I can and will kill them on logic ...

But it happens. Nate is great at politics and baseball. He sucks ass on college basketball and soccer. So, too, with the sons of Nate ...

 
Where Art Thou SingaporeSoxFan?

 

[EvilEmpire]

I wonder how much media types are digging into McNally some more. Looking into potential memorabilia sales and stuff like that. Could be interesting if McNally sold an unusual amount or type of high end memorabilia. It would add to the story.

 

[TheoShmeo]

Perhaps I'm reaching or feeding my own concerns, but did anyone else notice that Tom at Salem State emphasized his gratitude for the support of his family, friends and teammates, and never included his owner or coaches in that group? 
 
The only time he mentioned Kraft was with respect to the statement of "the Owner."  
 
Maybe it was a quirk or something along those lines, but it does fit with the notion that Tom isn't pleased with the lack of public support from the Pats.

 

[Ed Hillel]

People made up their minds beforehand, so none of this really mattered/matters. He should just play football once Goodell gets over another one of his power trips and the arbitration process is done. At worst, Brady was apparently asking the ballboy to release an average of .24 PSI of air, because Brady knew he couldn't do it on a level playing field or something. Gianni from New Jersey on Twitter doesn't respect him anymore, so he's going to just have to learn to deal with that. The masses will generally calm down and at some point admit to themselves this whole thing is stupid, but that may not happen until the Patriots on the field prowess has taken a significant hit.

 

[joe dokes]

Or, taking an actual case, every defensive player and special teamer on the Saints was potentially on the hook for BountyGate. Didn't happen.

TB may be a coach on the field. He is undoubtedly more influential there than almost everyone. He is not management and no magic potion can turn him into management.

This does not matter to bloviators. It very much matters to retired federal judges serving as case officers.

 
To me, this is the biggest problem for the league on an appeal. Not "probably" as that's a burden of proof used throught all walks of life that, frankly, no one can legitimately gripe about.  But "generally aware"  is so open-ended, and such a minimal state of mens rea, that it cannot rationally lead to serious discipline.
 
 
EDIT:  I suppose I should say "should not lead . . ."