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WOW - Senate Investigation - NFL/Pats


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Long read - but interesting timing with the SB this weekend.

The ranking Republican on the Senate Judiciary Committee wants N.F.L. Commissioner Roger Goodell to explain why the league destroyed evidence related to spying by the New England Patriots.

New England Coach Bill Belichick was fined $500,000 by the N.F.L. after the Patriots were caught stealing defensive signals.

In the stretch of 12 days, from Sept. 9 to Sept. 20, the Patriots were caught filming the Jets' defensive signals in violation of N.F.L. rules, ordered to hand over all tapes of illegal filming to the league office, fined $750,000 and made to forfeit a first-round draft pick.

Then the N.F.L. announced it had destroyed the evidence.

In a telephone interview Thursday morning, Senator Arlen Specter, Republican of Pennsylvania and ranking member of the committee, said that Goodell would eventually be called before the committee to address two issues: the league's antitrust exemption in relation to its television contract and the destruction of the tapes that revealed spying by the Patriots.

"That requires an explanation," Specter said. "The N.F.L. has a very preferred status in our country with their antitrust exemption. The American people are entitled to be sure about the integrity of the game. It's analogous to the C.I.A. destruction of tapes. Or any time you have records destroyed."

Mr. Specter first wrote Mr. Goodell about the tapes on Nov. 15. After more than a month passed without a response, Mr. Specter wrote to him again.

The league responded to Mr. Specter late Thursday afternoon. A spokesman said the letters did not reach the league office until late last week. The league added that it spoke to Mr. Specter's office several times during November and December, but that the letters were never mentioned. Mr. Specter said the league had told his office last week it would not respond until after the Super Bowl.

Joe Browne, the N.F.L.'s executive vice president for internal affairs, said, "The irony is that we have been in contact with the senator's office several times in recent weeks." He added that "the issue of these letters was not discussed."

Mr. Specter called Mr. Browne's response "untrue."

"It's the same old story," Mr. Specter said. "What you did is never as important as the cover-up. This sequence raises more concerns and doubts."

When Mr. Specter was asked if he could envision a situation in which employees of the Patriots or the N.F.L. were called to testify before the committee, he said he wanted to take the investigation "one step at a time."

"It could," Mr. Specter said. "It's premature to say whom we're going to call or when. It starts with the commissioner. He had the tapes, and he made the decision as to what the punishment could be. He made the decision to destroy them."

Mr. Specter said it had not been determined when Mr. Goodell would be called before the committee.

Matt Walsh, a Patriots employee from 1996 through 2003 who spent much of that time in the video department, said he would like to see the issue resolved.

"Was it a surprise that they were doing it or a surprise that they got caught?" Mr. Walsh said of the videotaping incident. "I guess that if you're doing something that people suspect you of, and then you start doing it to your former assistant coaches, then you're pushing your luck."

Mr. Walsh declined to say whether he would be willing to testify before a Congressional committee. He also said he had not been contacted by the N.F.L. about the Patriots or about videotaping.

"I'd like to see a resolution to the situation, so I don't have to have field media calls, especially after being out of the league for more than four years," he said.

Mr. Walsh, an assistant golf pro at the Ka'anapali Golf Resort in Lahaina, Hawaii, declined to get into specifics of what he did while with the Patriots' video department, citing confidentiality agreements he signed with the team. Greg Aiello, an N.F.L. spokesman, said the league did not have confidentiality agreements, but teams were free to make their own with their employees.

"After speaking to my lawyers and whatnot, I can't really talk to you about anything," Mr. Walsh said. "And I can't show you anything." Mr. Walsh said he had been approached by two news organizations, a "sports network" and "another media outlet that doesn't even specialize in sports." He said he would talk about his experiences only on his terms.

"If someone wanted me to talk and tell them things, I would craft an agreement where they would agree from now until the end of my existence to pay for any legal fees that came up in regards to this, whether I'm sued by the Patriots, the N.F.L., anybody else," he said. He also said he would want an indemnification agreement, with the news media company paying any fines or damages found against him in court. (It is against the policy of The New York Times to be part of such an agreement.) Mr. Walsh said he sought the legal advice after receiving telephone calls from the news media soon after the taping incident. He said he did so to protect himself and his family."

"If I ever got brought in for a deposition or something, then I would just face the whole gauntlet of questions," he said. "There would be things I'd be forced to answer that some people haven't taken responsibility for."

The Patriots' videotaping practices came into question during the opening game of their undefeated regular season. Jets security personnel caught a Patriots employee filming the Jets' defensive signals from the sideline at Giants Stadium on Sept. 9.

Mr. Goodell, whose father, Charles, was a congressman and later a senator from New York, went on national television and promised a full investigation. He ordered the Patriots to send in any videotape filmed in violation of N.F.L. rules, from any game in any season, to the league office.

After reviewing the tapes, the N.F.L. announced it had destroyed them, saying it did so to prevent them from being used to gain a competitive advantage.

Mr. Goodell levied the most severe penalty in history on the Patriots -- the loss of a first-round draft pick, a $500,000 fine for Coach Bill Belichick and a $250,000 fine for the team. The league said the penalty was for the Patriots' "totality of conduct" and not simply for the Jets game.

Mr. Goodell is to hold a news conference in Phoenix on Friday morning. When asked if the commissioner would address the destroyed evidence, what was on the tapes and why that information never was made public, Mr. Aiello, the league spokesman, said, "He will address whatever questions are asked."

The N.F.L. has addressed Mr. Specter's concerns about its antitrust exemption before.

"Over the years, we've testified before Senator Specter and the Judiciary Committee regarding our limited antitrust exemption," Mr. Browne said. "Usually, it's about television signals, not on-the-field defensive signals."

While responding to the antitrust exemption, the N.F.L. again declined to discuss the destruction of the tapes or discuss what they showed. Albert Tortorella, the managing director of crisis management for the Los Angeles-based Ogilvy Public Relations Worldwide, said he found that puzzling.

"Anytime Congress is involved with one of my clients, I tell them to respond," Mr. Tortorella said. "You may not want to give Congress anything. But ignoring them is not a good idea."

Mr. Specter, a lifelong Eagles fan who still calls Philadelphia sports radio stations most Monday mornings, said he was concerned about the integrity of sports as much as any fan.

"I don't think you have to have a law broken to have a legitimate interest by the Congress on the integrity of the game." He added: "What if there was something on the tapes we might want to be subpoenaed, for example? You can't destroy it. That would be obstruction of justice.

"It's premature to make any suggestions until you know a lot more about the matter. We need to know what's on those tapes."

I hate the Pats and all but let's be serious. Congress needs to start focusing on starving people and environmental disasters and not keeping steroids out of baseball and this nonsense. This is all insignificant and ridiculous. These are games that overgrown little boys play. We have many real problems in this world. This kind of garbage makes me sick.

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Sheer conjecture. Where on earth did you come up with the hypothesis that there is further evidence that they cheated? You are only guessing when you claim there are "tapes" instead of a tape. Maybe they didn't keep the tape so everybody else couldn't look at the Jets signs. Joe Niekro used on emery board on a baseball, are you looking for a congressional investigation because MLB didn't keep the sandpaper?

If there wasn't further evidence then why did the NFL destroy the tapes? Also we don't know if congress had other people step forward as witnesses, ect. Joe Neikro cheating is different than a team cheating and a league covering it up. Again you are getting lost in what roles each of these people have in this. A player is not responsible for the product put out on the field.

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The tapes were destroyed because videogate extended beyond the NEP. Other teams taped signals.

The NEP took the fall for everyone but they asked for it when they ignored Goodells memo.

Yss,because those sneaky pats didn't handover just their tapes,but everyone else's spy tapes.

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If there wasn't further evidence then why did the NFL destroy the tapes? Also we don't know if congress had other people step forward as witnesses, ect. Joe Neikro cheating is different than a team cheating and a league covering it up. Again you are getting lost in what roles each of these people have in this. A player is not responsible for the product put out on the field.

What else were they going to do with the tape? Give it back to the Patriots? I imagine they didn't see any need to keep them. They saw the evidence and laid down the punishment.

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Believe what? You tell me, what purpose would it serve to keep the tapes? Did you want them to make copies and hand them out to all of you Jets fans?

If the tapes were clean then they absolutely should have been given back to the patsies. If the tapes were dirty and they found that there was even more cheating going on then there should have been further punishment. However, it would have been HORRIBLE for the league to reveal that they found the Pats had cheated their way to a few rings so the next best thing would be??? Destroy the tapes and move on.

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Believe what? You tell me, what purpose would it serve to keep the tapes? Did you want them to make copies and hand them out to all of you Jets fans?

Some maintenece guy who was told to log them and stock them in some huge NFL wherehouse will be selling them on EBAY at the end of the season ....Lets tick the pats off a little more ,so they don`t let anyone they play win a game next season either ...Spygate is over ,the fact is Belicheck is a great coach and a great evauleator of talent....

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If there wasn't further evidence then why did the NFL destroy the tapes? Also we don't know if congress had other people step forward as witnesses, ect. Joe Neikro cheating is different than a team cheating and a league covering it up. Again you are getting lost in what roles each of these people have in this. A player is not responsible for the product put out on the field.

Oh dear lord. It was Colonel Mustard on the grassy knoll with the anal probe.

I'm not getting lost in anything. You are getting lost in a web of demented paranoia. The league did what the league did. There is ABSOLUTELY NO CRIMINAL REASON to investigate further. There is no justice to obstruct. You are right that the government could become involved in trying to ensure that the games are not rigged, however, based upon our government's record with such investigations do you really think it would have any chance of uncovering anything meaningful? Like the great steroid hunt in baseball? It's just election grandstanding. If congress were concerned about cheating in the NFL they would have investigated when they found out the Pats were taping, not because some old goat wants to know why they destroyed the tape.

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If the tapes were clean then they absolutely should have been given back to the patsies. If the tapes were dirty and they found that there was even more cheating going on then there should have been further punishment. However, it would have been HORRIBLE for the league to reveal that they found the Pats had cheated their way to a few rings so the next best thing would be??? Destroy the tapes and move on.

How could the tapes be "clean"? They cost the Pats $500=K and a first round pick.

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Oh dear lord. It was Colonel Mustard on the grassy knoll with the anal probe.

I'm not getting lost in anything. You are getting lost in a web of demented paranoia. The league did what the league did. There is ABSOLUTELY NO CRIMINAL REASON to investigate further. There is no justice to obstruct. You are right that the government could become involved in trying to ensure that the games are not rigged, however, based upon our government's record with such investigations do you really think it would have any chance of uncovering anything meaningful? Like the great steroid hunt in baseball? It's just election grandstanding. If congress were concerned about cheating in the NFL they would have investigated when they found out the Pats were taping, not because some old goat wants to know why they destroyed the tape.

The NFL had addressed the problem correctly up until they destroyed the other tapes that the Pats handed over. Based on the rest of what you say Congress should have never investigated the tobacco industry, Enron or any other organization that tried to mislead its consumers in any way while knowingly doing so.

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How could the tapes be "clean"? They cost the Pats $500=K and a first round pick.

the fact is ,it was spy -GAYt -not spy gate, and the were was video taken of boys & men in the football stadium mens room around the county ,the NFL was going to be so embarresed they destroyed the tapes before the national enquire got a hold of them...

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The NFL had addressed the problem correctly up until they destroyed the other tapes that the Pats handed over. Based on the rest of what you say Congress should have never investigated the tobacco industry, Enron or any other organization that tried to mislead its consumers in any way while knowingly doing so.

If congress wants to investigate fine. IMO it will be a monumental waste of time and money. My objection was to your terminology. It was in no way criminal or an "obstruction of justice". If they feel there is some coverup, then our government should knock themselves out, but we both know it will amount to nothing.

If they were so concerned they should have struck while the iron was hot and this issue first arose. Not wait for tapes to be destroyed. This is basically one old moron looking for some press and a bunch of rabid Pats haters getting all excited.

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If congress wants to investigate fine. IMO it will be a monumental waste of time and money. My objection was to your terminology. It was in no way criminal or an "obstruction of justice". If they feel there is some coverup, then our government should knock themselves out, but we both know it will amount to nothing.

If they were so concerned they should have struck while the iron was hot and this issue first arose. Not wait for tapes to be destroyed. This is basically one old moron looking for some press and a bunch of rabid Pats haters getting all excited.

The problem is the NFL handled it correctly up until they got further evidence of cheating and destroyed the tapes rather than taking additional disciplinary measures.

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We have better things for Congress to be concerned with like jobs, economy, health care, etc, etc.

The government is limited in what it can do to help those areas, especially the economy - but that is for another thread.

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How could the tapes be "clean"? They cost the Pats $500=K and a first round pick.

I'm referring to the additional video/audio that was requested by the league office after the Pats were caught cheating against the Jets.

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I hope they do the investigation. Godell can testify. BB can testify. Mangini can testify to his involvement with the taping while at the Patriots. And can answer under oath why he took a lap top from the Patriots containing all of their game plans and player profiles and if he ever attempted to steal signals at the Jets. The Colts can testify under oath if they pump in noise and what happened with the termstat during last years AFCCG and if they have ever stolen signs as can all 31 teams.

Lets get it all out on the table.

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I hope they do the investigation. Godell can testify. BB can testify. Mangini can testify to his involvement with the taping while at the Patriots. And can answer under oath why he took a lap top from the Patriots containing all of their game plans and player profiles and if he ever attempted to steal signals at the Jets. The Colts can testify under oath if they pump in noise and what happened with the termstat during last years AFCCG and if they have ever stolen signs as can all 31 teams.

Lets get it all out on the table.

Sounds good to me. I don't want any cheaters playing or coaching for the Jets and when my team wins or not I want to know it was real.

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Misrepresentation is a very specific legal term, and I don't think it applies here. At least, you'd need a lot of proof, and then you'd need to prove that a misrepresentation is illegal in this situation here as well. Not all misrepresentations are actionable. I guess you can go for deception under some Act or another (let JGB look it up). And I bet you can get...$50 for your troubles.

The anti-trust exemption might mean something, but it doesn't allow congress to just make up a law to prospectively punish the NFL. I still don't get the TV argument either. Since when have all NBA, NHL, and MLB games been available on regular TV? Is it okay if they are on cable TV? On paid subscriptions? Where do you draw the line? Cable TV and Satellite TV are paid services to begin with, why is it okay to put it on one paid service but not another in the NFL network? I have always had a problem with that line of reasoning.

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Misrepresentation is a very specific legal term, and I don't think it applies here. At least, you'd need a lot of proof, and then you'd need to prove that a misrepresentation is illegal in this situation here as well. Not all misrepresentations are actionable. I guess you can go for deception under some Act or another (let JGB look it up). And I bet you can get...$50 for your troubles.

The anti-trust exemption might mean something, but it doesn't allow congress to just make up a law to prospectively punish the NFL. I still don't get the TV argument either. Since when have all NBA, NHL, and MLB games been available on regular TV? Is it okay if they are on cable TV? On paid subscriptions? Where do you draw the line? Cable TV and Satellite TV are paid services to begin with, why is it okay to put it on one paid service but not another in the NFL network? I have always had a problem with that line of reasoning.

I think it has to do with the fact that there is a law congress put into place that doesn't allow any other professional football league to play in the fall. That is why congress held the league to a higher standard.

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thank god the economy is as strong as it as and we are aren't at war so congress can have all this extra time on its hands to chase down steroid users and nfl cheaters.

The league is a business like any other, and they should be held accountable for being fraudulent like any other, if in fact they have been acting in such a way. The fans spend money on a product that they believe to be fair, if it is in fact not fair, i believe that could be considered fraud.

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I think it has to do with the fact that there is a law congress put into place that doesn't allow any other professional football league to play in the fall. That is why congress held the league to a higher standard.

Where'd you get that one? I thought the exemption had more to do with team collusion and the TV contracts. The USFL and AFL played in the fall and they weren't regulated out of existence. Start up leagues WFL, USFL, Arena football don't play in the fall to avoid going head to head with the NFL juggernaut, not because it's illegal. The USFL won their case, they just got scumbagged with the verdict.

Specter is going after the NFL on the TV deal and the NFL network because he feels it's in violation of the Sherman Act. I haven't read much about it, but I assume Specter is trying to drum up public support from people being dicked around by the fight between the cable companies and NFL network. Keep fighting with me and I'll have to research it. Believe me, nobody wants that.

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