Hi there! Been a while, hope this account still works and State Secrets or something has not overcome due process on this here blog.
So, here we are in the waning days of summer. I would have written more about the Formula One Circus but, frankly, it has mostly bored the heck out of me this year. The, still, best driver in F1 is stuck in a crappy underperforming McLaren and has to drive his ass off and hope for attrition to even score a point. That would be Fernando Alonso if you haven’t guessed. While lesser drivers, with far better machinery, you know, those like the two insolent crybabies at Mercedes, have such superior equipment that they wrongfully think they are kings. It is all enough to make an old school fan like me puke. Well, enough about the circus, let’s get to the real meat and potatoes of this blog’s sports coverage, the NFL.
As you may have heard, there is a little kerfuffle called #Deflategate that has been going on since before the last SuperBowl. On one side, we have an arrogant all powerful giant human jackass (no, not Dick Cheney this time) named Roger Goodell, and on the other, we have the epitome of bright and light, the All American Hero, and lover of supermodels, Tom Brady. If you think this is not a fair fight, and Brady is the clear winner, advance and collect your winnings.
Okay, back to Chris Mortensen’s apparently shriveled journalistic balls. Let me be clear, this is just opinion (even if putatively well founded opinion), but what kind of “balls” does a man who is spoon fed lying ass bullshit by “NFL Sources” in the form of a tweet that said:
The NFL found 11 of the Patriots’ 12 game balls for Sunday’s 45-7 AFC Championship Game win over the Indianapolis Colts were under-inflated by two pounds per square inch each, league sources told ESPN’s Chris Mortensen on Tuesday.
Obviously, as the actual testing (not to mention the late great “Wells’ Report) confirmed, that was an outright giant flaming LIE. Call it what it is, it was not a minor discrepancy, it was an outright flaming lie. A lie that led directly to the public outcry that begat what we now know as the multi-million dollar boondoggle bullshit “#Deflategate”.
Peter King (no, not the militant chickenhawk moron from Long Island, the other one from Sports Illustrated) was fed the same blatant inflammatory lie by what appear to be NFL officials, but King had the balls, and intellectual integrity, to apologize.
Did Chris Mortensen or THE WORLDWIDE LEADER, ESPN, have the intellectual and moral integrity to apologize? No, of course the craven bastards did not. In fact, Mortensen silently deleted his original tweet. What a gutless and tiny balled coward. And ESPN has proved itself to be an oppressive behemoth that is willing to put itself, and its allegiance to the NFL, above their journalistic ethics. How pathetic.
That blatantly false report germinated the entire waste of time that is now #Deflategate. Seriously, without Mortensen’s and ESPN’s relentlessly trumped up and featured false report, tagged on by King and SI, there would simply never have been #Deflategate. But it was clearly something the NFL wanted pushed, and they got their want, one way or another. Oh, by the way, is there further evidence that ESPN and Chris Mortensen may be dishonest news sources without a shred of credibility? Yes, yes there is. Mortensen reported that the Kraft family and Patriots had apologized to him. Was that true? No, according to the Krafts on behalf of the Patriots, that was blatantly false.
Here is the thing: #Deflategate is a house of cards built on a pile of dung. If you have an iota of concern for fundamental fairness and due process, you ought be offended – even if this is only a civil labor law mess involving millionaires against billionaires. It all matters, and the labor law principles in play here are beyond critical to all union workers and collective bargaining agreements, not just those of rich athletes. So, yeah, don’t kid yourself, this matters. A lot. If Tom Freaking Brady cannot get fundamental fairness and due process on a collectively bargained agreement, how the hell do you think a UAW, Teamster, teacher, or any other union member will? If you haven’t noticed, labor in this country is under direct attack. Don’t be the guy (or girl!) that aids that attack just because this iteration of the conflict involves Tom Brady and/or rich athletes. This matters, both in general as to all workers under labor agreements, and to your hometown sports teams and players too.
So, there you have Chris Mortensen and his tiny disingenuous balls, but what about some overall facts and law on #Deflategate? Got you kind of covered. And this is especially timely since the last big actual live court day is coming up on Monday, August 31st. So, here we go with some various background resources for you. If you are interested, please read them, you will be better informed. If not, that is cool too, but understand there are very good reasons I take the stances I have on #Deflategate. Off we go!
Soooo….where to start? How about a prediction, you want a prediction?? Sorry, don’t have one. BUT, I will say this, I have read most of the transcripts and filings, and I do not subscribe to the thought that Judge Richard Berman’s clearly antagonistic position to the NFL/Goodell side is all posturing trying to force a settlement. Is there some of that going on? Trust me, almost certainly. By the same token, by my experience, and I have a little, there is simply no way Berman is being as consistently pointed and dubious of one side, the NFL/Goodell, as he has been without being convinced their argument is lame. Yes, judges often play “devil’s advocate”, but what Berman has engaged in strikes me as well beyond that.
So, while I won’t make a prediction, the Brady/NFLPA side must feel pretty positive about how it has gone so far. I am understating that a little.
So, on what grounds do I think Brady and the NFLPA may win on? Two grounds – 1) Notice and 2) Process denial regarding evidence and witnesses by the NFL, to wit, Jeff Pash and related evidence.
Then there is the “Pash preclusion”. Jeff Pash is the General Counsel to the NFL. He is also its Executive Vice President. Those are not necessarily copascetic if a corporate entity wants to maintain even the reduced semblance of “attorney/client privilege” of having a “corporate counsel”. Seriously, this kind of privilege comes close to vapor when you commingle your attorney with corporate leadership. But that is exactly what the NFL has done here, and much more. And that is peanuts compared to the fact that the NFL made Pash the effective, really de facto, co-independent “investigator” (they even stated it in a press release) along with Ted Wells and then gave Pash editorial control over the so called “Independent Wells Report”. then Goodell refused to make Pash available for testimony, stating that he was irrelevant and privileged.
Ooops, did the arrogant Goodell and the NFL bugger their own ruse beyond belief as to Pash? Yes, and it is crystal clear. Even Judge Berman was incredulous.
Yes, arbitration decisions are given “great deference” by courts, and generally are not disturbed. But they can be when they present genuine issues of fairness and partiality. #Deflategate may be a silly case to most of the lay public, but these are serious and critical issues in labor law, and if the exacerbated issues in the Brady case cannot be addressed by a court, then pretty much no labor arbitration can ever be. For a far more detailed explication of the Pash problem, see this outstanding piece by Ian Gunn.
I invent the wheel only when I need to (and mostly when clients pay me to); I try to not do so when it has already been done by worthy people before me. Dan Werly, Dan Wallach, Michael McCann, Brian Holland, Alan Milstein, Raffi Melkonian and Ian Gunn are folks that did the hard lifting while I was, mostly, away frolicking at the beach in La Jolla when the most critical filings came out. All fantastic people that I came to know because of Roger Goodell’s #Deflategate folly. Hat’s off to them, as well as Stephanie Stradley with some fantastic early scene setting. These are all serious people that you should follow, not just for #Deflategate, but for any sports related law and thought. I think all, including me, feel Brady and the Players Association have the far better hand, in both posture and presentation, than Goodell and the NFL. Really, it is not even close, though there is no telling what Berman will do in the end. By this time next week, we will know.
Welp, I may have focused on #Deflategate more than I intended. Or not. This post was meant as an acerbic discussion point, not a full on explication, which would have consumed thousands of additional words. F1, and sports in general have just been boring lately, as you can tell by how often I have bothered to write about them. But the legal machinations in #Deflategate have been fascinating, at least to me. The All American boy Brady, the Boris Badanov evil Goodell, the flamboyant crusading Player’s Association lawyer Jeffrey Kessler, the Snidely Whiplash Ted Wells to the calm but annoyed judge Richard Berman. The characters are all there.
So, that’s it. Rock on lug nuts. Trash talk like you are Michael Jordan. Do it up. But, if you don’t agree with my #Deflategate thoughts, you can send some Dead Flowers. By the US Mail. And don’t forget the roses…
Another week, another series of missteps and embarrassment for the National Felon League. More facts surface showing Adrian Peterson to be a backwards horrible human, the Cardinals’ Jonathan Dwyer is charged with felony assault for head butting his wife and breaking her nose and Roger Goodell held a news conference yesterday where he came off as even a bigger dissembling jackass than he seemed before.
Lost, at least somewhat, in the relentless shuffle of negativity surrounding the NFL were significant developments in the Ray Rice case that set everything off to start with. As an excellent report by ESPN’s Outside The Lines lays out, both the Baltimore Ravens and the NFL knew everything about the Rice incident immediately and colluded to minimize the impact on Rice. From the New York Daily News:
According to the ESPN report, the Ravens’ director of security, Darren Sanders, was made aware of the inside-the-elevator video just hours after Rice clocked his then-fiancée, Janay Palmer, at the now-closed Revel Hotel and Casino in Atlantic City in mid-February. Sanders, according to the report, had reached out to an Atlantic City police officer, who described in detail what transpires in the elevator video. Sanders then conveyed the information to Ravens executives, according to ESPN, although the report does not name which individuals Sanders contacted.
The report describes how Ravens owner Steve Bisciotti, team president Dick Cass and GM Ozzie Newsome worked behind the scenes to try to have their star running back get off with a lenient punishment. According to ESPN, the three men campaigned with prosecutors in Atlantic City — where Rice was charged with assault — as well as with Goodell, since he would mete out punishment for Rice, and with organizational personnel.
The full NYDN article linked above is worth a read, and the long form detailed ESPN OTL article is chock full of further details and a tick tock from the night of the incident through the present day. Literally the only person who seems to have consistently been honest in this mess is Ray Rice. As I said in last week’s Trash Talk, I think he has a pretty good chance in his appeal with the league and the Ravens over his suspension in light of the Article 46 §4 single penalty clause. The Players’ Union formally noticed that appeal last Tuesday, and it is supposed to be heard within ten days.
Hey, it is not just the NFL that is chock full of criminals, the NBA has them too! Rex Chapman, former sharp shooting guard for the Bullets and Suns, and former NBA team executive, just got arrested for shoplifting $14,000 (yes, $14,000!!) of Apple products in Scottsdale. Oh, and career criminal Jameis Winston is in trouble again.
Welp, in addition to all the criminal docket activity, there is purportedly actual football to be played. It seems kind of secondary any more.
The Florida Gators are in Tuscaloosa and look ripe to get rolled by the Tide. I actually think the BYU and Virginia game may be decent. Don’t sleep on the Cougars, they have a good team and a favorable schedule this year. They are capable of going undefeated, but the Cavaliers will be a test. FSU may not have Career Criminal Winton at QB, but they should have enough at home to get past Clemson. Mississippi State could be a tough matchup for LSU.
The big game in the National Felon League is, of course, the rematch of the Super Bowl when Peyton and the Broncs meet the Seasquawks in Seattle. This game will be a lot closer that the SB was; I rate it a toss up, but would not be surprised if Peyton pulls off the win. The surprising Bills host the Chargers in an early game that should be pretty interesting. The Packers are in Detroit. Both teams are 1-1 and need the win. As much as I hate to say it, I think Detroit is the better team right now, and it will show. But Aaron Rodgers is starting to heat up again, so it could go either way. While the rest of the country is watching Peyton versus the Squawks, I will be stuck with Niners at the Cards. Carson Palmer is out again it appears for the Cards, and Drew Stanton will start for a second week in a row. With Palmer, I would like the Cards, but not sure there will be enough offense without him, so I will take the Niners there.
Well, that is enough. Talk some trash amongst yourselves.
We are going to take a little detour in our weekly lighthearted football trash talk here at the Emptywheel Blog. I will return to the actual games at the end of this post, but for now I want to discuss a hideous and, hopefully, transformative moment in football – the abusive workplace environment to which the Miami Dolphins subjected Jonathan Martin.
As you may know by now, Jonathan Martin is the second year Miami Dolphins offensive tackle who has left the team because of harassment, primarily by fellow offensive lineman Richie Incognito, but apparently by other teammates as well.
The official statement by Martin’s lawyer, David Cornwell (a fantastic attorney by the way), gives a pretty fine synopsis of the situation:
Jonathan Martin’s toughness is not at issue. Jonathan has started every game with the Miami Dolphins since he was drafted in 2012. At Stanford, he was the anchor for Jim Harbaugh’s “smash mouth” brand of football and he protected Andrew Luck’s blind side.
The issue is Jonathan’s treatment by his teammates. Jonathan endured harassment that went far beyond the traditional locker room hazing. For the entire season-and-a-half that he was with the Dolphins, he attempted to befriend the same teammates who subjected him to the abuse with the hope that doing so would end the harassment. This is a textbook reaction of victims of bullying. Despite these efforts, the taunting continued. Beyond the well-publicized voice mail with its racial epithet, Jonathan endured a malicious physical attack on him by a teammate, and daily vulgar comments such as the quote at the bottom. These facts are not in dispute.
Eventually, Jonathan made a difficult choice. Despite his love for football, Jonathan left the Dolphins. Jonathan looks forward to getting back to playing football. In the meantime, he will cooperate fully with the NFL investigation.
Quote from teammate: “We are going to run train on your sister. . . . She loves me. I am going to f–k her without a condom and c– in her c—.”
That was on top of the fact direct racial animus evidencing epithets from Incognito to Martin were already known to be in play.
“Hey, wassup, you half n—– piece of s—. I saw you on Twitter, you been training 10 weeks. [I want to] s— in your f—ing mouth. [I’m going to] slap your f—ing mouth. [I’m going to] slap your real mother across the face [laughter]. F— you, you’re still a rookie. I’ll kill you.”
This is beyond ugly conduct, and, frankly, beyond simple “harassment”. Worse, it appears that it was a pattern of conduct not only encouraged, but requested by Dolphins’ management. They ordered a code red on Jonathan Martin.
Jason Whitlock had a very provocative take on the effect of incarceration and thug culture in general at play, a take that rings all too, uncomfortably, true. Dave Zirin at The Nation has a fine take on what the “Bully Solidarity” of the Dolphins organization in the Martin matter means.
So, this hideous and intolerable conduct is legally actionable against Incognito (and the Dolphins via vicarious liability) by Jonathan Martin, right? Sure, anybody can sue anybody else, and Martin can certainly bring a civil complaint here. But the chances of success are far more tenuous than you likely think Continue reading
[Hey there Lugnuts!! We are having a fundraiser here at Emptywheel. Help the effort out! We have been really hesitant about doing this in the past. To the best of my recollection, we have not done one at all since leaving FDL. Marcy will not toot her own horn, but I will. The level, depth, independence, and rationality, of what Ms. Wheeler does makes most “Main Stream” and other “blogs” look feeble. And it is not just her, Jim White, Rayne and, occasionally, I who also contribute. This is a valuable forum. We live for you, but we also need your help. To the extent you can give it, it would be remarkably well placed, and much appreciated. Thank you!]
I have been being heckled about this Trash Talk stuff forever. Marcy is just cranky jonesing for football and Jim White thinks the Devil Rays count. But this ain’t called “Trash Talk” for nothing you know. Pre-season fake football and baseball in the swamps are not enough. Nosirree. Not in a sophisticated joint like this.
But there was a little smattering of real college football last Saturday, so there was primordial Trash. But, now, my friends, there is REAL, professional grade, NFL football in the queue. Let it be known, unless I meet a bigger margarita pitcher and burrito that looks like this tomorrow night, there will by Saturday morning be additional MAJOR LEAGUE Trash for the weekend. NCAA, NFL and the F1 Circus at Monza (yes, that really may be the bigger story worldwide. Formula One rules; get used to it).
But, tonight, there are two games on the schedule. The biggest, of course, is a replay of last season’s AFC Divisional Playoffs between the Denver Broncos and Baltimore Ravens. Ought to be a great game. Despite what the naysayers say, Peyton Manning’s arm is turning bionic in its incredible strength. The Bronco’s, however, are a bit wounded with Elvis Dumervil now on the Ravens and Von Miller suspended for the first six games. The Ravens have also lost a LOT of weight from last year’s Superbowl team, including Ray Lewis and Ed Reed. As much as the media and fans have always focused on Ray Lewis, I cannot help but believe the absence of Ed Reed, one of the most incredible ball hawks in the history of the NFL, is every bit as big a loss. Broncos are at home and are PISSED about that last minute loss last year to the Ravens. My money is on Peyton and the ARM OF HULK.
Secondarily, and I, (maybe you?) will probably have to DVR this, but the ASU Sun Devils are opening their season tonight at 10:00 pm EST against Sacramento State. Okay, this won’t be much of a game. But, GO DEVILS!!
That’s it for now. More later as promised. This is the best blog in the world, if I do say so from my completely neutral perch! Rock and roll my friends. Today’s music is by Government Mule. Because Donkos and Peyton rock….and, because, the US Government, collectively, are a bunch of War Pigs.
ESPN stands perilously close to damaging its brand with repeated recent moves that appear to place their income stream ahead of safety. After working closely with Frontline for well over a year on a project documenting the effects of concussion injuries in football and especially in the NFL, ESPN on Friday removed their name from the effort, only a few weeks before the documentary was slated to air. Today, Kevin Brockway is out with an article in the Gainesville Sun noting the frequency with which the University of Florida has been forced to schedule early season home football games during early afternoon hours when heat indices are at dangerous levels for both athletes and spectators.
The New York Times noted yesterday that ESPN wields overwhelming power when it comes to setting the times for college football games to start, in some cases not announcing kickoff times until only six days before the game. Brockway’s article in the Sun shows the impact of ESPN’s decision-making here in Gainesville:
When the Southeastern Conference unveiled its week one 2013 football season start times, the collective groan from Gator Nation was heard from Key West to Pensacola.
For the fourth time in the last six years, Florida was stuck with an afternoon kickoff for its season opener. This Saturday’s 12:21 p.m. start time against Toledo at Ben Hill Griffin Stadium will force fans to again stock up on sunblock and bottled water.
But we aren’t talking about a mere inconvenience with the starting time. Figures on fans treated for heat-related illness in previous years speak to the danger of kickoffs at this hour in August and September:
The burning question is why? Why would the SEC schedule an early-afternoon game for its southernmost member during a month when the average heat index (which measures heat and humidity) is at its highest point of the year?
The answer lies in television, and some factors beyond the SEC’s control. Nonetheless, Florida administrators aren’t happy about the prospect of another sweltering Saturday opener. They consider it a fan safety issue. In 2011, when Florida began the season against Florida Atlantic (7 p.m. kickoff), only six fans were treated by medical staff for heat-related problems. Last season, when Florida opened against Bowling Green (3:30 p.m.), 105 fans were treated for heat-related issues.
A 12:21 kickoff is likely to be even worse than a 3:30 kickoff if rain showers don’t intervene, as the stands on the west side of the stadium usually are in the shade by 3:30 but not at 12:30, while shade doesn’t hit the seats on the east side until early evening.
As for the concussion documentary, here is how the Times described ESPN dropping out of particpation:
On Thursday, ESPN, which has spent heavily in recent years to build its investigative reporting team, abruptly ended its affiliation with “Frontline,” a public affairs television series that was weeks from showing a jointly produced two-part investigative project about the N.F.L.’s contentious handling of head injuries. The divorce came a week after the N.F.L. voiced its displeasure with the documentary at a lunch between league and ESPN executives, according to two people with direct knowledge of the situation.
As might be expected, there are now denials from the NFL that they exerted pressure and from ESPN that they bowed to pressure. Those denials do nothing to improve the optics of the situation, however, and it remains indisputable that ESPN withdrew its support just before the documentary slamming the NFL’s handling of concussions aired.
ESPN is in very dangerous territory right now. If Saturday proves to be especially hard on fans at early afternoon games in the South, the record is already clear on whom to blame for shifting games from their traditional evening kickoffs to the worst possible time for fan and player safety.
Are y’all paying attention to that Twitter widget thingy lodged on our blog on the right hand side? Well do ya? If so, then you have seen the oppressive brutality with which the otherwise demure Empthwheel has demanded pre-season Trash Talk.
I get no respect I tell ya.
So, here we are. Of course, all the cool talk is about the Patriots and Tim Tebow….WAIT….WHAT?….that’s not really the story?? Oh my, turns out there is MUHDERRRRR bout the ‘ole Foxborough and baby Jesus ain’t even close to the main story. Go figure?! And, this time, the OJ of the moment is juicing his fans with mash notes of innocence. Yippy-yi-o-cay-yay.
Alright. Okay. Let’s do some serious trash talking, mmmkay? And I ain’t messin around here. I think people in Gainesville know where this is pointed and I DEMAND response!
I would say some phony smart bunk about the teams (seriously, Peyton Manning’s arm is growing stronger by the day and Donkos Rule!) but, hey, it is preseason and not a lick of it matters. As Marcy said, this is a test drive to see who of the normal Wheelhouse pit crew is still in the mix and what kind of chops the new recruits have. Represent people.
Oh, one last matter: The F1 Circus is off grid until the Belgian Grand Prix on August 23-25.
Oh well, it’s been a good day here in the hell of the desert. Turn it up and splay your opinions out here for all to see – on everything. Let’s rock.
Hi there Wheel, Empty, and and otherwise gear heads, it is time for Spring Trash Talk. There is a lot under foot, Spring Training in Major League Baseball, free agency season and pending entry draft in the NFL, the somewhat diminished fortunes of the NBA and, most of all, FORMULA ONE! The Circus season is upon us, and it is starting down under in the Land of Oz.
Appears we are starting off where we left off: there is yet no reason to believe the Red Bulls of Sebastian Vettel and Mark Webber are anything less than the cars to beat. But, that being said, there is also no reason to think that the Ferrari and McLarens are anything less than the threat that they were at the end of last season. Drivers make a difference in F1, and Fernando Alonso and Jenson Button are very, very good drivers. And their cars are not chopped liver either. For the clear superiority of the Red Bulls, and even the McLarens for that matter, Fernando Alonso pulled off one of the greatest performances in the history of F1 with inferior equipment last year. Alonso was only 3 measly points behind Vettel in the final Driver’s standings. Simply astonishing.
The opening two practice sessions for the Australian GP were late last night my time; i.e. between 9 pm and 12 am whatever the heck time AZ is. (Daylight savings time really screws with our heads here, cause we don’t do that). Bottom line…..not much has changed.
Okay, if I were pleading guilty (I would never!) to a heinous offense under truth serum to make sure I was cray cray (yeah, okay, this is some stupid shit too) I MIGHT admit that a lot of this post was written from a series of taco joints in Old Town Scottsdale. It is nowhere near as opulent as it sounds; hell even the mariachi music is piped in like Muzak. And the 60 something threesome at the table next to me looks like their Winnebago may be illegally parked out on Camelback Road.
Where were we? Okay, back to the Australian GP. Here is what Brad Spurgeon thought:
Red Bull and Sebastian Vettel have won all the titles for the last three seasons. Vettel became only the third driver in Formula One history to win three drivers’ titles in a row, after Juan Manuel Fangio in the 1950s and Michael Schumacher last decade. Only Schumacher, Fangio and Alain Prost have won more than three titles, with seven, five and four, respectively. So both Vettel and the team have more pressure on them than ever. Still, Red Bull has the advantage of the consistency of keeping the same two drivers and technical team, and Mark Webber is still pushing for his own final career chances to capture the drivers’ title. With the great designer Adrian Newey leading the way, Red Bull should remain among the strongest.
As a lifelong aficionado of Scuderia Ferrari, I would kill to demur. But, I cannot; I think that is right. Still. As to the beloved Prancing Horse, well, from the lens of the season start, it will take another superhuman drive for the ages by Fernando Alonso to keep Ferrari in the chips.
That leaves McLaren and Mercedes fighting for sloppy thirds. Maybe it will come to be that one will blast out of nowhere to be a contender for King Vettel’s Crown, but it is really hard to see. Lewis Hamilton proved himself to be a self absorbed punk at the more superior team, McLaren; now he will try to do what Michael Schumacher could not at fast, but unreliable, Mercedes. Please. Juan Pablo Montoya performed better and was sent packing to NASCAR.
For all the sturm and drang, for all the off season shuffle, the Championship will still be fought for between Red Bull and Ferrari, with a decided advantage to the former.
Let the Circus games begin!
And, then, there is the NFL free agency merrygoround. Heck, I do not know who are the winners and losers at this point. But, a quick take says the Steelers and Cardinals, the teams of local pricks bmaz and Scribe, did not do well.To be kind. Probably nobody did worse than the Cardinals, who signed an aging punt return specialist that even the Cleveland Browns did not care about anymore, and let go Kevin Kolb, the only even practice squad level NFL quarterback they had. Seriously, what kind of addled mentally challenged assholes are running the Cardinals? Oh, wait, it is still the fucking Bidwell family. Who could have guessed from this level of rank pathetic incompetence??
The Deetroit Kittehs seem to have done very well. If they can keep their peeps healthy and out of the klink, they may have the greatest show on fake turf. The Pats lost Welker’s whining wife (and shitloads of clutch catches in the slot and over the middle) BUT gained a sometimes fragile Danny Amendola. Amendola was the successor in kind at the Pirate attack fun/gun at Texas Tech. Amendola is actually every bit the route runner, and even faster, than Welker. But he ain’t as predictable, nor as reliable, as Welker. This could be a wash, or it could be a loss. Time will tell. The Pat’s defense and, especially, secondary looks to be much improved.
Other than the above, the Squawks got Percy Harvin and some other studs, and the Niners got some too. Whoo weee baybee, the gold rush is on on the left coast.
MLB is in Spring Training; let me tell ya something brother, it is fucking hot here. The NBA is in the stretch run, but the only question of interest I see is what lower seed will the Lakers fill? 8? 7? 6 looks bleak, but not impossible; though I would be shocked. We will return to that in a roundball post later. As we will with the student athletes for March Madness, and very soon.
Rock it, Talk it, Jayhawkit. Get yer sweve on Wheelies. Light it up.
Music by BB King, Bono and the band.
Here we are at the real, official, start of the football season in earnest. Yes there were a full slate of college games last weekend, but only a couple of decent ones. and, yes, the NFL officially kicked off wednesday with the Cowboys somewhat surprisingly laying one on the Gents – at the Meadowlands no less. Credit to Tony Romo, Rob Ryan’s defense and the ‘Boys, they fairly earned the win. But now the conventions are over and we start it all in full in the football universe. Also, this weekend is Monza on the Formula One calendar and, as always, it looks to be special. I will return to F1 a little later.
Despite the excitement of the return of football, it is time some dues should be paid to the trauma suffered by the working union members of the NFL who provide the spectacle and entertainment for us manning couches and barstools on Sundays. I wrote about this nearly two years ago in describing the “The Walking Wounded The NFL Treats Like Disposable Trash”. So much has happened since then with focus on repetitive brain injuries and high profile suicides like Dave Duerson and Junior Seau bringing the stark reality of the problem home in a powerful way.
But the Ferengi like single minded profit whores of the NFL have paid mostly lip service to the issue, save for a couple of competition rules that fall far short of a prophylactic redress of the problem. Marcy suggested a piece by Dave Zirin in The Nation to bring it all to a boil. She was right:
Beneath the fireworks, concerts and breathless hype that will mark the start of the 2012 NFL season, is a league that’s haunted. It’s haunted by future Hall of Fame linebacker Junior Seau who killed himself in May at the age of 43. It’s haunted by the recent suicides of Ray Easterling, Dave Duerson, and OJ Murdock. It’s haunted by the now widespread knowledge that the country’s most popular sport can leave you damaged in ways never before suspected. What a sign of the times that the start of the season wasn’t punctuated today with chest-thumping and military flyovers but with NFL Commissioner Roger Goodell’s announcement that the league’s owners would be donating $30 million to the National Institute of Health to further study the affects of brain injuries.This recognition of the danger inherent in the sport has sparked a high profile debate across the political spectrum. The terms of the debate are simple: Given all we are learning about Continue reading
There is some early Trash from the National Football League breaking within the last hour. The four New Orleans Saints players suspended in “Bounty Gate”, led by Jonathan Vilma and Scott Fujita, dissatisfied withe the league ruling handed down by Roger Goodell, first filed suit in the Easter District of Louisiana and then appealed to a special appellate panel available under the relatively new collective bargaining agreement.
This afternoon, the special appellate panel unanimously ruled in favor of the players and ordered them reinstated:
The four players suspended by the NFL for their involvement in the New Orleans Saints’ “bounty” program had their suspensions overturned by a collective bargaining agreement appeals panel Friday, NFL Players Association spokesman George Atallah said.
While the suspensions are vacated immediately, NFL Commissioner Roger Goodell can go back and suspend the players if he proves there was an intent to injure. NFL spokesman Greg Aiello said all players are eligible to play, starting with this weekend, until Goodell does so.
“Consistent with the panel’s decision, Commissioner Goodell will, as directed, make an expedited determination of the discipline imposed for violating the league’s pay-for-performance/bounty rule,” Aiello said in a statement. “Until that determination is made, the four players are reinstated and eligible to play starting this weekend.”
Here is a full copy of the written decision.
This is pretty significant news on a lot of fronts. First off, of course, the Saints get two key players back, including Vilma who is the quarterback of their defense and a critical team leader. Secondly, it is a slap in the face to Roger Goodell, and an equally big win for the NFL Players Association. Thirdly, this is an appeal process that the league agreed to and the first time it was taken out for a test spin, they got clobbered by it.
And a rebuke like this could not happen to a more deserving group of arrogant folks (see: refusal to make deal with referees) than the NFL and its owners.
That said, the ruling is not quite as huge a win as you might think at first blush, as it still leaves room for punitive action by Goodell against the players. Here is the key language from the ruling:
While we agree, then, that the Commissioner had jurisdiction to discipline the Players in this case, we are uncertain that the discipline handed down was attributable, in any part, to that aspect of the Program which lies within the exclusive jurisdiction of the System Arbitrator. While we could speculate, it is not clear from the record before us whether the Commissioner had the distinction we draw in mind at the time he disciplined the Players.
In light of the serious nature of the penalties imposed, we believe caution is appropriate. Therefore we vacate the Players’ discipline and remand the matter directly to the Commissioner for expeditious redetermination.
What this means is that Goodell can still take punitive action on these players via his “redetermination”, but he is going to have to do it under a provision different than he originally relied on. According to Albert Breer at NFL.com, who did fantastic reporting this afternoon and first posted the written opinion, Goodell will now have to base any punitive action on “intent to injure”, and that is how I read it too. That is a significantly tougher evidentiary burden to prove up legally.
Now the question is will Vilma et. al cut a deal with Goodell or keep fighting? Jonathan Vilma is very bright, and a very proud, tough fellow. It will be interesting to see if he has any inclination to deal. With Judge Berrigan still proceeding in EDLA, and having indicated she would rule in favor of Vilma if she could, I would not bet on Vilma being willing to cut any deals with the Commissioner.
The Summer Olympics are here! Yay! The Olympics, especially the summer ones, have become so commercialized, politicized and oversold, on so many levels, that it is hard in some respects to get too excited about them. That said, there is still a powerful beauty and lure in the physical prowess of the athletes, the competition, the joinder of nations from around the globe, the spectacle and the always awesome pageantry of the opening and closing ceremonies. To whatever extent the games ever had “purity”, there is much less of it now; but there is still a lot of sporting, and viewing, value.
Not long from the posting of this article (well it will be two full hours for me and those on the west coast, which is totally bullshit), the opening ceremonies will commence. We Yanks in the States cannot of course, due to the fucking craven greed of NBC, see the opening ceremonies live. If that were the only unmitigated greed by NBC and the other purveyors of the Olympics.
I have always loved the opening and closing ceremonies. One of the most beautiful things I have ever seen was the closing of the 1994 winter Olympics at Lillehammer, with the moving tribute to Sarajevo by lamplight in the dark. Powerful stuff. As was the simply incredible, even if long, opening ceremony in Beijing last time around. I have seen a little of the gig on a bootleg feed from London; it is good, but nowhere near the over the top opulence of Beijing and some of the others. I am anxious to hear what you all think, and let this be a forum for just that, and all other things Olympic.
There are also a few other notes to be made. America’s own Borat, Mittens Romney, brilliantly blurted out that London was not ready for the Olympic experience and that such was “disconcerting”:
Thursday was supposed to be the easy day, when Mitt Romney would audition as a world leader here by talking about his shared values with the heads of the United States’ friendliest ally.
Instead, the Republican presidential candidate insulted Britain as it welcomed the world for the Olympics by casting doubt on London’s readiness for the Games, which open Friday, saying that the preparations he had seen were “disconcerting” and that it is “hard to know just how well it will turn out.”
The comments drew a swift rebuke from Prime Minister David Cameron and, by day’s end, a public tongue-lashing by the city’s mayor as the Olympic torch arrived in Hyde Park.
“I hear there’s a guy called Mitt Romney who wants to know whether we’re Continue reading