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The "Judge Bowl", did Roger Goodell make a mistake in how he's handling the Deshaun Watson case, and Adam talks to Daniel Wallach to get his insightful opinion on why Sue Robinson made her decision.

The Adam Gold Show / Adam Gold
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August 12, 2022 3:51 pm

The "Judge Bowl", did Roger Goodell make a mistake in how he's handling the Deshaun Watson case, and Adam talks to Daniel Wallach to get his insightful opinion on why Sue Robinson made her decision.

The Adam Gold Show / Adam Gold

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August 12, 2022 3:51 pm

Football returns tonight for the "Judge Bowl", could Roger Goodell be in a situation because of how he's handling the Deshaun Watson case, Paul Finebaum on Clemson leaving the ACC, and Adam talks to Daniel Wallach (Conduct Detrimental) to get his insightful opinion on why Sue Robinson made her decision. 

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This is the best of the Adam Gold Show Podcast brought to you by Coach Pete at Capital Financial Advisory Group.

Visit us at capitalfinancialusa.com. This is the Adam Gold Show. Other than Wisconsin and Michigan State alumni or betters, nobody looks forward to Wisconsin v. Michigan State football. Fewer people look forward to Wisconsin v. Michigan State basketball because anytime Wisconsin is involved in basketball, it's unwatchable. Unwatchable other than by parents. Parents love it. And I'm sure there are some like 95 year old people that remember the peach baskets that really like Wisconsin basketball.

We didn't have to go off on that to start the program. I am Adam Gold. I am here. It's Thursday. Congratulations. You're almost at the weekend. Victoria is here. You know what I found out today, Victoria? What's that? I was I was remotely connected today because we have, you know, first day of school for my son.

He goes to a school in North Raleigh. And so it was not only first day, but early release. They're so sick and tired of them already. Take them.

They they kicked him out like four hours after we got there. So you put out the poll today, our listener choice poll question. And it occurred to me that. Like, you might have the like the worst Twitter handle I've ever seen. I don't even understand the words.

I don't even get I can't get anything out of it. Oh, no. Like, well, it's quite old.

So I got a long time ago. Dennis, who's been part of the radio station for a long time. Yes. His Twitter is the fan rookie, which is he's not he's not a rook. He's been here like eight years, it seems. It's not relevant anymore.

I keep telling him to change it. Yeah. So at V underscore to underscore the underscore Victoria. Yes. Yes.

We have to change the V to the Victoria V to the. Yes. Yeah.

It came from like a long, a long time ago. There was this thing called I am instant messenger. Yes. That's where it came from. I've been using me to the Victoria since we had instant messenger.

Yahoo instant messenger. Yes. Wow. Yeah.

Well, not that long ago, a very good friend of mine still gets their email through AOL. Oh, wow. A very good friend of mine, a very prominent author. Right. Who I speak to on a regular basis. Still has his email at AOL dot com. Well, you know, old habits die hard.

My wife hopes she's not listening at MSN dot com. OK, which is kind of the same thing. It is. I mean, I still have a Yahoo account, so I can't do anything. Yes. Do you know what?

I never canceled the Yahoo account. Yeah. So I guess you might do. I might. I might as well.

I should probably go try to find it and see if I can't hook up with. Let's see, with the V to the underscore. Yeah. See, I think I couldn't use as many letters.

That's why I had to use a two instead of T.O. I think that's where that came. Oh, really? It's been so long.

I don't remember. But that's why it's that way. We should streamline. Anyway, congratulations to the parents who had first days of school today. The carpool line was ridiculous. And I've never seen a line this long to pick up after school. Wow.

It was it was it was like eight miles. All right. We had a lot of things to discuss. So let's start.

All right, let's get right to it. We have preseason football. I like to call them friendlies.

We did this. We we've been doing this for real football, played with the feet for the last month. We've had club friendlies. We had we were down in Charlotte, middle of July, and Chelsea was playing Charlotte FC. So just an international club friendly. It was very cool.

It's very cool. Charlotte FC one with a late penalty was an exciting day. Full stadium at Bank of America Stadium. Those are friendlies. That's what these are. They call them preseason football. They're friendlies. Nobody cares who wins. Right.

All the points spreads are the same. Patriots and Giants would call this the Joe Judge Bowl. Joe was a an assistant coach of the Patriots. Then he was the head coach of the Giants.

And now he's an assistant coach of the Patriots again. Titans and Ravens also tonight. This is the throwback bowl. Two teams that would rather run it all day long than throw it. Just sort of like football in the 70s, albeit different styles. The the Titans actually resemble more of that. The Ravens are more modern spread running football.

All right. The Patriots are getting flack today for the decision to not play Mac Jones in the preseason opener. Mike Tannenbaum is ESPN's front office insider. He ruined two NL rather AFC East franchise. I don't know why I called them. I called them National League East for a second. AFC East franchises were just laid to waste by Mike Tannenbaum in his time in the NFL.

He was critical. Yes, he should. They're going to have a new offensive play call, which nobody really knows who that is. Is that Joe Judge? Is that Bill Belichick himself? Is it Matt Patrice?

Did ESPN shut him up? Because that's I mean, I think so. It happens. OK.

The gist of it is very easy. Yes, he does have new play callers, but I'm just not put off by anybody. He's the quarterback.

He's not fighting for his job. They're going through. They'll have at least one more, probably two more preseason games. So. So what?

I don't know. Anyway, it is an interesting year for the Patriots, I think. You know, the last the last time they were in the I will say the top third of the NFL. Meaning a top 10 NFL team 2018 when they won the Super Bowl, they beat the Rams in, I mean, arguably the worst Super Bowl ever. It was like no points. Ten three, I think, was the final.

It was just dreadful. Yeah. Good defenses.

That's right. That's exactly what SEC fans say when they have no good quarterbacks in the league and they average about 14 points a game. But it's been a while since the Patriots have been a top tier NFL team. Mike Reese, who covers the Patriots for ESPN on whether or not there is pressure, I think straight from the top. I mean, I thought owner Robert Kraft's remarks earlier this year is he expects results. He doesn't like the fact they haven't won a playoff game in the last three seasons. So I think a lot is, you know, from his view, he is a lot is riding on this season. And it's not one of those years where they're looking at it and saying, oh, if we can position ourselves for 2023, you know that that's our year.

Like the owner has said it. And I can't think of a more important person in the organization to set the way that this franchise views this season. Now, again, it's been a while and I'm not here to say, well, Bill Belichick has to prove that he can win without Tom Brady.

That isn't it. I mean, look, they he's had Tom Brady for 20 years. I mean, that's basically the Belichick era in New England was built on Tom Brady.

And I actually think that they were equally as responsible for each other's success. But the bottom line for the Patriots is that without Brady, without one of the, you know, two or three best quarterbacks that ever played the game. The lack of overall offensive talent has has been a problem. Brady was able to mask a lot of that because he was so good. Mac Jones isn't Tom Brady. And I'm not saying he won't ever be, but he he certainly wasn't last year and the year before the Cam Newton experiment. I mean, just a pandemic year is very difficult and looked like Cam was going to be good at first.

Then he got covid, then his arm just stopped working, which is the problem with Cam. And that's why he's not on anybody's roster. Although I'll be surprised. Maybe we get a verdict sometime. And should Cleveland maybe kick tires on?

I'm not not suggesting that they should, but it should be a consideration anyway. Belichick hadn't done anything without Brady. And again, I'm not trying to say that it was all Brady because it wasn't. But they can't mask no talent.

They just can't. Mac Jones isn't that guy. Everything you need to needed to know about where the Patriots felt like they were with Mac Jones happened in that game against the Bills when they ran it all but three times in the game.

Seriously. And a modern NFL team. In like.

After 1970. Threw it three times in an entire football game, unheard of the dumbest thing I've ever seen, and it worked. Yeah, and it worked. Shame on the Bills. Shame on the Bills. We're going to talk coaching. There's a coaching list out that made me laugh today.

And we'll we'll play around with that in a little bit. Anyway, we the other game is Baltimore and Tennessee for the Ravens. Apparently they are still working on a long term contract for Lamar Jackson. Jamison Hensley covers the Ravens for ESPN on that process. So the site has been talking since June, and that's kind of the one positive you can take from it, because for a long period, you heard Ravens officials whenever we asked him about Lamar's contract, saying, Well, Laura just doesn't seem motivated or doesn't seem interested in discussing a long term deal. Well, we talked about it sometime in June, and the sites have been talking when we last time we talked to Lamar, which is about two weeks ago. He didn't want to talk too much about it. He said he wants to keep negotiations, as he said, in house. But he did add this one point that because he doesn't have an agent here, the Ravens have to specifically talk to him. So when the season starts, Lamar Jackson doesn't want to talk about contract. He wants to focus on the regular season. So he did mention that there will be a cutting off point at some time where he doesn't want to talk contract, at least for the season.

Yeah. Good thing. Lamar Jackson will be very happy to sign a long term contract with the Baltimore Ravens when the number is what Lamar Jackson wants. And it will take a substantial offer to sign Lamar Jackson. I know people don't want to go there, but it's going to take something very similar to what Cleveland gave Deshaun Watson. I'm going to talk about Watson in a minute.

Not necessarily the player, although I guess the player. It's going to be in the neighborhood of $230 million guaranteed for Lamar. It's just going to be. And the Ravens have to come to grips with that. And Lamar will be very happy to sign that deal if offered because he is 100 percent comfortable playing on the franchise tag.

One hundred percent. He's willing to roll the dice with his own health. Because he knows that after this year and this is the fifth year option after this year, the number is forty five million.

And after next year, the number is fifty four million. And he's good with that. He's good with one hundred million dollars over two years. He's fine.

The franchise tag beyond that is like seventy four million. He's OK with that, too. I'd be OK with that.

Like seriously, like Lamar Jackson is like he has his own live golf tour. Yes. So he's good with it. And if you're the Ravens, you have to come to grips with the fact that he's OK with it. So if you don't want a forty five million dollar cap hit next year or a fifty million dollar cap hit over the next two years on average. Then you got to meet him where he wants to be met.

Yep. So I like I'm not advocating what Maria is good move, bad move. If you want Lamar Jackson to be your quarterback, then it's going to cost you a ton of money. And pretty much all of it is going to be guaranteed. The Kyler Murray contract has nothing to do with Lamar. Lamar Jackson, nothing at all to do with it.

All right. Speaking of Deshaun Watson, yesterday, Roger Goodell came out and said publicly that they want Deshaun Watson to be suspended for the entire season. Quick stop on that. Adam Gold here from my man, Coach Pete DeRuta with the Capital Financial Advisory Group. We are talking retirement.

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Eight hundred six six one seventy three eighty three. All you got is call or you can text Adam to two one zero zero zero for Coach Pete DeRuta. I find it interesting that the more I thought about him like that's a silly thing to say out loud if you're Roger Goodell because of this reason, the NFL appealed. And while they appealed to an independent third party, it was an independent third party designated by Roger Goodell. So if the I'm not doing air quotes again, if the independent third party comes back with a year long suspension. I mean, most of us would just go, well, that really wasn't independent.

We'll call shenanigans on it. If they're right, though, Roger Goodell had the right to hear the appeal himself, but he didn't want to have the appearance of being judge and jury here. Right.

So with that said. I am curious if there is a legal recourse for Watson. Just because Goodell said that I'm going to talk to Daniel Wallach, our friend from Conduct Detrimental, coming up in about 15 minutes. Also, if he did file suit against the NFL, is there a specific strategy and a time frame to do so? Remember, Watson did not appeal the six game suspension. The NFL appealed the six game suspension and the window to appeal is closed. And as a result of the CBA language, there is no appeal of this suspension. You can't appeal it. You can file a lawsuit against the NFL to block it. We'll see how that goes.

All right. Now back to Deshaun Watson, the football player. Browns announced that Watson, who is already facing a six game suspension, would play tomorrow against Jacksonville. I am curious. He hasn't played in more than a year, but they're going to play him in a friendly tomorrow against the bad team.

Damian Woody, Super Bowl champion with the Patriots back in the day with ESPN. I don't think is in favor of this. So all right. Well, let's let's assume for now that it's status quo and that he's suspended the first six games a season, but allowed to play in the preseason if he is allowed to play. What's the point? I mean, what's really the point of Deshaun Watson playing in the preseason game? Oh, I'm going to play him. So he's going to be ready to play week seven. That to me makes absolutely no sense when you got the backup quarterback and Jacoby Brissett that you obviously have to get ready. And on top of that, we know in this league, all it takes is one hit for you to find, you know, for your backup quarterback. So the third string quarterback needs to get reps just in case, you know, some type of injury happens to Jacoby Brissett. I know he's the new shiny toy with the Cleveland Browns, but to me, it just doesn't make any sense to have him out there. Well, I mean, look, it's preseason, so they're probably all going to play at some point in the game.

But, Mike, you see it differently. You think there is value in him? I like I don't know if there's value or not. I would love to know the reasoning, especially since we know it's at least six games suspension. And I think there's a fair chance that Roger Goodell is going to get at least close to his way. So let's just say conservatively that the suspension doubles for Watson goes from six to 12 games.

Not what the NFL wanted, but certainly more substantial than six. I think the argument becomes easy that playing him is completely unnecessary. So he hasn't played for more than a year yet. You still traded for him. So you hadn't seen him play for more than more than a year. But you still traded for him and gave him two hundred thirty million dollars guaranteed over five years.

OK, that's fair. So you don't have to see him play because you've already trusted him with two hundred thirty million dollars. Any rust that is shaken off by playing tomorrow.

I'm going to guess if the suspension is doubled resurfaces by being triple the end of November. Yes. So not to mention you're not playing against the other team's best. I just it really it seems like an unnecessary risk for the Browns to be taking. But you know what? Cleveland is such a solid, well-run organization.

Dot, dot, dot. All right. To to an organization that just won a Super Bowl, the Rams or coming off that title of a head coach with a brand new contract. Is he the best head coach in the league? Let me throw that out.

I'm not going to we're not going to go through it now. But there is a list that we will discuss from sporting news that I found funny. But it's natural to think coming off a Super Bowl that and not being they were not the favorites going into the playoffs. They did not have the best record in the NFL last year. They just were the best team in the playoffs, although they tried their best to lose that game to Tampa. Oh, did they try to lose that game to Tampa?

Unbelievable. So will there be some regression, a Super Bowl hangover, if you will, Keyshawn Johnson? What's the current theme that you keep hearing out of training camps so far? Offense is struggling or offense looks this way or offense is that or we got to get up to speed on offense because offense tends to take longer to get in a rhythm than defense. Defense got a few set plays. They run them, they run around, they do their drills.

That's pretty much it. Offense needs to be smooth and in sync and everybody needs to be in rhythm and hitting on our targets. You can't be missing your quarterback in certain rep groups, things like that. And the Rams certainly have been doing that with Matthew Stafford sitting on the sidelines, not practicing fully. So I see what Sean is talking about.

But as far as a question about a hangover, Jay, I don't think that there will be. I think this team is a very, very good football team with a lot of veteran players that know what it's going to take to get back to the Super Bowl with veteran coaches. That was either Keyshawn with a bad cold or in a fish tank. Damian Woody sitting in for Keyshawn.

Look, I think all of those things are natural. Here's the other thing. Matthew Stafford has a a bulky elbow. They called it unusual for a quarterback to have this kind of an elbow problem. So he may play through it. And I heard a lot of chatter yesterday and we'll listen to Sean McVeigh.

I don't know if Sean McVeigh talks about that now, but they have been going through it. But real quick, heard a lot of chatter yesterday about, well, if they're if Matthew Stafford isn't right, the Rams need to go get Jimmy Garoppolo. And I'm like. I think the Rams really like John Wolford, the backup former weight guy. That's what I think. We've seen him play a little bit. I think he's a good quarterback.

Yeah. So I don't think they need to go get Jimmy G. No, but I mean, they'll they'll definitely need another quarterback if Matthew Stafford is hurt. Sean McVeigh, not necessarily worried about the whole thing. We have a long, long way to go. We're not anywhere close to where we need to be.

Nobody needs to press the panic button. But, you know, we've got to start having a little bit more sense of urgency overall, particularly on the offensive side of the ball. And, you know, that's what we're going to continue to focus on. All right. Let's get one more thing in here before we take our first break.

We talked to Don Waddell yesterday. And for the second straight year, the Carolina Hurricanes had to rebuild, you know, at least part of the roster. The core is still there.

The Ajo's terror of mine and Spetnikov stalls, though those slavens, all those guys are still there. But you lose Trochek, you lose Niederreiter, you lose D'Angelo, you use Cole, Smith, et cetera. You bring in Brent Burns, Max Pacioretti, Andrei Kasha. Well, Pacioretti has gone for six months with an Achilles tear. Do you need more?

I asked Don Waddell about it. Yeah, we're very comfortable with what we have. Like I said, we will explore. But, you know, the thing you have to be aware of is when Max is ready to come back, you have to get back under the cap. So let's just say Max's cap is seven million. We spend five million of that because we're already at the cap.

Now, when he comes back, assuming nobody else gets hurt throughout the year with that kind of salary, you know, you have to find a way to move, you know, whatever the number is, four or five million dollars out of your lineup. So not not always, you know, teams have got themselves in situations where they have to pay a pretty big price for that to happen. So we want to be smart and be careful about it. You know, we're managing today, but we're also looking at what the future holds for us.

All right. My quick take on this in 60 seconds. I think they have to do something because there are way too many variables that have to go right for the hurricanes not to take a step back without the offense. They were hoping to get from Max Batchy already because you need more teenagers to not suck is like you did last year. You need Andres Fechnikoff take another step forward, which he did in the beginning of the year, but not at the end of the year. Brent Burns, I think it's a fair guess that he'll be better than Tony D'Angelo, more consistent than Tony D'Angelo, and maybe better in the long run.

Yes, Barry Kote can hear me. Is he going to match Vincent Rochik? I doubt it.

Andrei Kasha hasn't played a full season in my lifetime. So how do you expect to make up what you lost? You're worried about the cap. I think there are things they can do to alleviate whatever cap problems they have. I would simply say this really worry about the cap when you have to.

But you got to get better. I don't think they're good enough right now. Forget about maintaining what they did last year. One hundred and sixteen points last year. I think I think they are they are very good, but I don't think they are great at this point.

And the whole idea was to get better from what they were a year ago. Victoria sitting in for Dennis Cox. When is when is Dennis going to make his appearance today? I guess he's going to do it for the NFL cities, but he's going to put his bets into. So, yeah, the lack of trust is I know because I need to preface this.

I did not ask him to do either. So and I know Chicago. So he there's there's a bar. There's a bar. I'll tell you right now. There's a bar.

I've been to Chicago many a time. I've got my own list. So we're going to see if he actually hits the spots where he should be. Dennis is going to have to come correct. Yes. All right. Good. I'm I'm glad. Are we all are we all set with with with Mr. Wall? Good. All right. So, Daniel, while conduct detrimental, the podcast, a regular stop for me. I've talked to him about this before at Wallach legal on Twitter. Thank you very much for your time, sir.

You look fabulous. So for those people watching on TV, you're the first guest we've had wearing a tie. Well, we've got to get ready for federal court in Deshaun Watson and the NFL.

We do so. Let me get worse through the federal court. Let me ask you this question. And this is before we get to a strategy that might work for Deshaun Watson if it comes down to it. Did Roger Goodell make a mistake yesterday?

His handpicked third party, independent third party, which I don't think anybody believes is really independent. When he said yesterday that he felt the suspension should have been a full year and he also was attaching a fine to it. Did he make a mistake by saying that publicly?

Absolutely. If Roger Goodell had been the arbitrator deciding Deshaun Watson's appeal or the NFL's appeal, if he had taken the reins himself and made that statement while the case is still under consideration. Well, that would be considered an egregious case of arbitrator bias, you know, kind of prejudging the case, prejudging, you know, predetermining the outcome. So if we can agree that it's evident partiality, if he made that statement as an arbitrator. Well, then how far removed is it when he's making that statement yet handpicks his designee to basically serve in that role as a substitute for him? Because the the CBA makes clear that the appeals are heard by the commissioner or his designee.

Right. So I think I think it kind of muddies the waters a little bit and creates this perception that he's trying to put his thumbs on the scale. Maybe a federal court disregards it. Maybe this is no more than just reiterating the league's position. But since he was supposed to be the arbitrator and Peter Harvey was selected by Roger Goodell, it's flying a little bit too close to the sun.

If you ask me. And it may have given the National Football League Players Association and Deshaun Watson a credible argument in federal court that Peter Harvey is is biased and that he's doing the league's bidding and that Roger Goodell is attempting to influence him through these kinds of public statements. I mean, it's bad enough that Peter Harvey is a lawyer who gets extensive work from the National Football League business relationship.

Right. But then you lean on top of that, that he's the he's the vice chair of an organization called Futures Without Violence, which is he advocates on behalf of victims of sexual assault and sexual violence. I mean, doesn't that cloud his I mean, it's a laudable thing that he does and all the credit in the world to him. But does that taint his objectivity right as a judge or an appeals officer considering Deshaun Watson's discipline in connection with sexual assaults on women when he's an advocate.

For women in this kind of context. So I think it might be a even a stronger case of bias than if Goodell himself had been hearing the appeal. Daniel Wallach is with us. Conduct Detrimental, the podcast. If you are fascinated by the intersection of the law and sports, you have to go. Very good. And they do a lot of stuff. And it's all stuff that we talk about on this program.

So you're my cheat sheet, Daniel. So let me ask you about let's assume let's not assume it goes to a year. Let's assume that the punishment is doubled or they go from six to 10. If you are Deshaun Watson, do you have legal recourse? You can't appeal. Do you have legal recourse?

And is there a strategy that you have to employ for the best outcome? Yeah, look, I don't want to get the Cleveland Browns fans hopes up. I know your show isn't directed at the Cleveland market. But let's face reality.

Let's face reality here. Whenever these arbitrations or these player discipline awards go to federal court, invariably the league prevails because there's a very limited scope of review. Federal courts can't reweigh the evidence or even look at the case anew and impose their own judgment as to what the best result should have been.

It's an inquiry. The court's inquiry is limited to whether the arbitrator exceeded his authority, which is a very limited scope of inquiry. And when you when you consider the scope of review, it's imperative upon the Players Association to find the best possible judicial form. I mean, if you look at some of the past cases with Adrian Peterson, Tom Brady, the star caps case involving some of the Minnesota Vikings players, the union won those cases in federal court because they determined where the lawsuit would be venued. They were the plaintiffs. They filed the suit in other states. They were the home team.

Yeah, they were the home team. They won in Texas with Ezekiel Elliott originally. They won with Adrian Peterson in the District of Minnesota and all those cases before David Doty in Minnesota. The Players Association had almost a unbeaten record in federal court, and then the league began to get wise to the issue and ran to federal court in New York to lock in jurisdiction in the NFL's home headquarters. So before we get to the venue, and I'm kind of setting the stage for why Delaware is going to be Deshaun Watson's best hope for bucking the odds, because historically these labor arbitration decisions, you know, in all contexts, not just the NFL, but just in the history of labor arbitration awards, they're confirmed at very high rates in federal court, meaning that the courts rarely disturb an arbitrator's finding in a labor context.

So you've got to go for the best possible venue to have a shot. And I think for Watson, the decision as to whether to sue hinges on how serious the suspension is, because the crux of his argument in federal court is going to be that the league wants to impose a suspension for nonviolent conduct as severely as suspensions for violent conduct. And that historically, arbitral precedent, which is, you know, the past case law where the league imposes discipline for both violent and nonviolent offenses under the personal conduct policy, the most the league had ever suspended a player for nonviolent conduct is three games. So if you have four accusers here, four credible victims, you can make a case for the league to impose a 12-game suspension without violating the principle of fair notice that the player should be getting some kind of notice through either an amendment to the personal conduct policy or some notice that violent and nonviolent are going to be treated the same. Well, the league wouldn't run afoul of that principle if the suspension were merely doubled or less than doubled, because then you can make a credible case that each accuser, it's like a three-game suspension, times four accusers equals 12. I don't like that methodology because if it were 25 accusers, then Watson would be suspended for 75 games and miss close to six seasons. So it becomes ridiculous at its extreme level, but within a couple of cases, I think going from six to 12, Watson's going to have a very difficult time establishing in federal court that this exceeds the arbitrator's authority when arguably the arbitrator would be using the past precedent baseline of three games for nonviolent conduct and multiplying it by the number of offenses.

So I think the wall here, the dividing line between suing or not suing is going to be 12 games. Daniel Wallach is with us. We only have like a minute and a half or two minutes left before I have to let you go, and I appreciate your time. Conduct Detrimental is the podcast.

You really should go check it out. We had your guy John Nucci on to talk about. We had a good time. He was very good, and he was 100% correct that irreparable harm was never proven by those three golfers. This was the first time that Logic and Legal really lined up for me, because Logic and Legal hasn't lined up here. And I'm just curious, with our last minute or so, in Judge Robinson's ruling a couple of weeks ago, she was in lockstep with everything the NFL said. It was egregious, it was predatory, it was this, it was that. Women were put in danger, and she called it nonviolent as well, because the NFL called it nonviolent. But my understanding is that, and we can get into parsing different types of sexual assaults, but it's all sexual violence.

It all falls under the heading of sexual violence. So I had a hard time kind of understanding why that was considered nonviolent, especially when she says that the women were in danger. Well, they felt in danger, and a lot of this falls upon the National Football League. They didn't allege violence, they alleged nonviolence. It's their case, it's their disciplinary proceeding, and that's how the NFL chose to present the case. And Judge Robinson didn't make this determination that it wasn't violent in her opinion.

She said that there was no allegation that there was violence, force, or coercion used. And that that issue was undisputed, meaning that the National Football League acquiesced to that concept. So all of the post-decision criticism of Judge Robinson's opinion ignores the fact that the league didn't define what violence is, and the league proceeded in this disciplinary proceeding as if these were nonviolent acts, albeit still sexual assaults, but not an act involving the use of physical force or violence.

And I think we can all connote what that means. So the reason Judge Robinson agreed with the NFL as to the quality of proof, but still only suspended Watson for six games, is that in the arbitration context, in labor law, you've got to follow the law of the shop, which is a past precedent, arbitral precedent, precedent, and the discipline imposed has to be fair and consistent. Otherwise, it's too arbitrary. So there is not this wide sentencing range given to the arbitrator. She has to be consistent in her decision making with past precedent involving cases of nonviolent behavior. This is really an issue of industrial due process, notice, and this is a legal issue. And for the National Football League Players Association to have a chance of winning in federal court, I think they should file the lawsuit in Delaware because her analysis would be held to higher respect in a tribunal where she used to serve as a federal judge.

I think I made that point in the article I wrote a couple of days ago. She's this exalted federal judge who served for 25 years on the Delaware judiciary, chief judge for seven years. Where does where does Watson want to have this case heard? If you want to elevate Robinson's analysis over an NFL appointed arbitrator, you go to a tribunal where Judge Robinson is held to the highest amount of respect where she served on the judiciary. So I bring this case in Delaware, and there's a nexus between Delaware in this dispute, because that's where the arbitration, that's where the disciplinary proceeding was held. It was conducted in Sue Robinson's law offices in Wilmington, Delaware. And I like Watson's chances. I wouldn't say 50-50, but they're much higher in Delaware than they would be in the Southern District of New York. So this is all about finding the right venue to have a puncher's chance, and he definitely has a puncher's chance.

He's going to have to serve six games regardless, but it's about seven, game seven and beyond. Daniel Wallach, Conduct Detrimental, Not Just a Podcast website, and that's where I read that article and also read the stuff from John Nucci there. I thank you very much. Best-dressed guest we've ever had, and I appreciate your time, sir, and we'll talk again soon. I've got to step up my game for you and for federal court. Thanks for helping me on, as always, Adam.

Take care. You got it. Daniel Wallach, Conduct Detrimental. So, what Roger Goodell said yesterday, not a good idea, and opens the door for the NFL Players Association, not run by a dummy, to maybe get this to a federal court in front of a federal judge and maybe keep the suspension just in six games. He's going to serve six games either way. Can we bump it with Chicago all day?

Yeah, sure, why not? You know, Field of Dreams game. It's our NFL city for today. It is our NFL city.

Field of Dreams, Cincinnati and Chicago playing in a cornfield in Iowa. Yes, they are. Very cool. Chicago, I was a big fan of the first, I don't know, 15 albums.

Yeah, because they've got like 800. And then Peter Cetera started screeching at me, and I just can't. No. Although, hard to say, I'm sorry, I have a soft spot in my heart for that song, but it's generally because of a movie. Okay, that makes sense. The film, Hard to Say I'm Sorry, was featured in, and I'll just leave it at that.

It was one of those movies that was on at like two o'clock in the morning on HBO. All right, so I mentioned before the break that Paul Finebaum just can't help himself. It's been, what, a month, basically, a little bit less than a month, since Southern Cal and UCLA rocked the sports world. And there's actually UCLA news here in a second. They rocked the college sports world by announcing that they were leaving for the Big Ten. Of course, Los Angeles has nothing to do with the Big Ten, but they're interested in the money.

And that's okay. And it will be more money to the Big Ten to have UCLA and USC in the league. So that began a domino effect of, well, Armageddon's happening, the ACC's going to die, all the schools are leaving the Pac-12 and going to the Big Ten. The Big 12 is going to die. The ACC teams are all going to leave and divide. Half are going to the SEC, half are going to the Big Ten, regardless.

Paul Finebaum can't stop. Not only does it make sense for them to get out of the ACC, I think they are trying to get out of the ACC. They'll deny that, and they're welcome to do so. But I strongly believe that Clemson, through intermediaries, is trying to figure out a way to get out and to go to the ACC. And I think ultimately Clemson will be in the SEC because it's perfect for them.

They are the quintessential SEC school. They're in South Carolina. They're around the corner from Georgia. They already have South Carolina in the state. I appreciate the geography lesson. We all know where Clemson is, and we know their neighbors. We should not have stopped, because you know who else is a neighbor of South Carolina? North Carolina. Exactly. And Tennessee.

Now I figured it out, where the playback is just a tick slow. Either that or Paul Finebaum had oral surgery. Here's the thing. I don't dispute that Clemson is interested, envious of going to the SEC. I'm sure they'll be envious of the dollars, right? That's why Southern Cal and UCLA did not leave the Pac-12 to go to the Big Ten, because you know what? We really aligned with those schools more.

No! They wanted the cash. And I'm sure Clemson wants the cash, too.

And by the way, Florida State does, and Miami does, and a lot of schools would. Off of the crossbar! And the Hurricanes have won the Stanley Cup! June 19, 2006, but it all started May 6, 1997, with the announcement that the Hartford Whalers were coming to North Carolina. It's a story of transition, of heartbreak, of figuring it out on the fly. The Cane's Corner look at the 25th anniversary of the move. Presented by the Aluminum Company of North Carolina. Listen now.

Find Cane's 25th anniversary wherever you get your podcasts. But that grant of rights thing? That's an impediment. And while I'm not saying never, what I am saying is that it's probably going to be a while. So at some point, there will be a move.

But if every legal mind that I have read on the grant of rights has said the same thing, seems pretty ironclad. So because of that, and it's in place until the 2036 season, my guess is that Clemson can have all the wanderlust they want. They're in the ACC probably until 2034?

2035? So I'm not going to worry about it now, and the college football landscape will look drastically different by the time we get there. So I, again, could be wrong, but based on everything I've read, I don't think Clemson is leaving to go to the SEC anytime soon. Real quick about UCLA.

We've got about a minute left. When UCLA, UCLA and USC, the two schools in Los Angeles, two major schools in the state of California, one is public, one is private. Southern Cal is a private school. The governor, Gavin Newsom, is on the board of trustees for UCLA, the highest profile public institution in the state of California. And he was mad that UCLA theoretically did not inform the state of their plans to leave for the Pac-12 or for the Big Ten. So there is a public hearing.

I think the 17th, so what is today the 11th? So next Wednesday, there is a public hearing in which UCLA is going to have to prove or argue to the board of trustees and the governor why it should be okay if UCLA goes. Like, I think this is simply grandstanding, but I'll wait until we hear the arguments. But there's some mad people. They may, they're going to try to make UCLA stay, and Southern Cal doesn't care. Like, all right, give it to Stanford. You come with us.

That's a private institution as well. This is the Adam Gold Show. Off of the crossbar, and the Hurricanes have won the Stanley Cup. June 19, 2006, but it all started May 6, 1997, with the announcement that the Hartford Whalers were coming to North Carolina. It's a story of transition, of heartbreak, of figuring it out on the fly. The Canes Corner look at the 25th anniversary of the move. Presented by the Aluminum Company of North Carolina, listen now. Find Canes' 25th anniversary wherever you get your podcasts.
Whisper: medium.en / 2023-02-14 01:49:00 / 2023-02-14 02:06:42 / 18

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