Dec 112012
 

NFL Commissioner Roger Goodell was dealt a serious blow today when former Commissioner and current arbiter Paul Tagliabue determined that, while the New Orleans Saints were clearly operating a bounty program that was in violation of league rules, the case against the players was “contaminated” by Saints’ coaches and others, suggesting that any discipline beyond fines was unfair, and all discipline against individual players was vacated.

“Unlike Saints’ broad organizational misconduct, player appeals involve sharply focused issues of alleged individual player misconduct in several different aspects,” Tagliabue said in a statement released by the league. “My affirmation of Commissioner Goodell’s findings could certainly justify the issuance of fines. However, this entire case has been contaminated by the coaches and others in the Saints’ organization.”

In response, the NFL issued a statement which said:

“We respect Mr. Tagliabue’s decision, which underscores the due process afforded players in NFL disciplinary matters. This matter has now been reviewed by Commissioner (Roger) Goodell, two CBA grievance arbitrators, the CBA Appeals Panel, and Mr. (Tagliabue) as Commissioner Goodell’s designated appeals officer.

“… The decisions have made clear that the Saints operated a bounty program in violation of league rules for three years, that the program endangered player safety, and that the commissioner has the authority under the CBA to impose discipline for those actions as conduct detrimental to the league. Strong action was taken in this matter to protect player safety and ensure that bounties would be eliminated from football.”

Predictably, the NFLPA also issued a statement claiming victory, which rings closer to the truth than the NFL’s statement.

“We believe that when a fair due process takes place, a fair outcome is the result,” the statement said. “We are pleased that Paul Tagliabue, as the appointed hearings officer, agreed with the NFL Players Association that previously issued discipline was inappropriate in the matter of the alleged New Orleans Saints bounty program. Vacating all discipline affirms the players’ unwavering position that all allegations the League made about their alleged ‘intent-to-injure’ were utterly and completely false. We are happy for our members.”

While the NFL is seeking to put a face of victory on this news, Goodell knows that this is a blow to his status as Commissioner. Tagliabue seems to try and let Goodell off the hook, while also trying not to help Jonathen Vilma’s defamation case against Goodell, by blaming those within the Saints’ organization for corrupting the case, but in truth the “we were just following orders” defense rings hollow; the reason that player discipline had to be vacated was because the Commissioner’s office botched the case, and Goodell himself acted as though he was accountable to no one.

In the end, it seems fair to conclude that a strong message has still been sent to all 32 teams that bounties will result in serious disciplinary action against the organization and its staff. It also seems fair to conclude that Roger Goodell will not be allowed to act as the tyrant that he has been trying to be. If the owners are smart, they will force the Commissioner’s office to develop better systems for the conduct of investigations and disciplinary proceedings, while looking for a successor to a flawed and damaged Commissioner.