Report: NFL ‘more likely’ to accept Deshaun Watson’s 6-8 game suspension and not appeal

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Not much news has emerged during or after the first day of Deshaun Watson’s disciplinary hearing. A specific piece of information that has surfaced calls for further analysis and interpretation.

From Rob Maaddi of the Associated Press: “I’ve also been told that while the NFL insists on an indefinite suspension, it wants to avoid the appeals process – the source said ‘an awful situation for everyone involved’ – such is the league rather hold from Sue Robinson’s ruling IF she came back with 6-8 games.”

It’s a surprising revelation. If it is true and accurate (and we will invoke Maaddi in this regard), what does it mean?

Why would the NFL leak this important concession to start with? Is it concerned that if Judge Robinson believes the NFL is destined to engage in an inherently rigged appeals process, she is more likely not to impose discipline on Watson? Because this is the only way to prevent any appeal, which the representative would then decide on, under the terms of the collective agreement.

It’s hard not to wonder if this is all a ploy designed to trick her into imposing herself some Discipline so the league could then approach the commissioner, whose staff have already ruled that Watson should be suspended for at least a year.

Remember that the commissioner cannot afford to be perceived as too lenient towards Watson. It would be difficult to sell anyone the idea that the league simply accepted something far less than the NFL wanted just to avoid extending what was “a terrible situation.” Given the steps of the process that the NFL and the NFL Players Association collectively negotiated, the league has the absolute right to submit to the commissioner any decision made by Judge Robinson, except for the decision not to discipline Watson at all. Why would the league just accept Judge Robinson’s decision when it falls far short of what the league wants?

Honestly, it feels like a league rope-a-dope maneuver. By leading Judge Robinson to believe the league wouldn’t appeal her decision if she ends up in the 6-8 game range, she might be less inclined to feel that Watson shouldn’t be disciplined at all, as that’s the only thing else she wants stop the commissioner from handing out the punishment the league currently wants. By escalating this to the AP after the first day of hearings, the league may be using the media to negotiate moderate discipline with Judge Robinson, with a wink that her decision would not be upset if she allegedly ended up in the case of preferred Area.

If it gets them to impose 6-8 games, assuming the league won’t contest it, the league can go to appeal and ask for whatever they wanted in the first place.

Really, how much “terrible” would the situation get if the league appealed Judge Robinson’s decision to the commissioner? It’s not like there’s going to be another full hearing. This is happening now. Appealing to the Commissioner would be much leaner and more efficient. It would take less time and effort. And according to CBA language, it would allow the commissioner to implement the very punishment his office is currently trying to achieve.

Anyone who knows anything about the way the league office, led by Roger Goodell, has behaved for nearly 16 years knows that the league will be as aggressive as it has set out to be. Despite regular missteps (most notably the botched settlement of the Ray Rice case), the detective has lived up to his reputation as an enforcer. Why would anyone think they would accept a 6-8 game suspension for Watson when the league office is currently pushing for a minimum suspension of at least a year?

No, it looks and feels like an attempt to make Judge Robinson believe her decision will be safe, to minimize any temptation to slam the door to the commissioner’s appellate courts by stating that Watson should not be punished at all . And if we can see that, so is she.

bottom line? We don’t buy it. And neither should she. Nothing that has been leaked to the Associated Press or anyone else is binding on the NFL. Once the league receives the 6-8 game suspension it is now seeking, the league can appeal to the commissioner. Some will say, “But I thought you wouldn’t appeal a suspension of that length?” The league can either ignore these questions at this point or simply say, “We never officially said that.”

As this is the first application of the new process resulting from the 2020 Labor Agreement, there is no precedent, no history, no prior practice. All are entering new territory and sailing through uncharted waters.

The league has a long history of doing whatever it takes to get whatever it wants. Watson is currently being suspended for at least a year. It’s very hard to imagine that the league would just shrug and accept 6-8 games knowing they can take the case directly to the person running the league office for more. Our guess is that the league wants to be sure that Judge Robinson imposes some discipline so that the commissioner can then impose the full degree of discipline the league wants.

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