The Dolphins were stripped of first- and third-round draft picks Tom Bradyand owner Stephen Ross was fined $1.5 million and suspended six games, but was not disciplined by the NFL for tanking allegations.
Let’s take a closer look at both situations:
Deshaun Watson
▪ NFL there was to appeal Watson’s sentence. It was an easy PR attempt.
It seems few people besides Watson and the NFL Players Association are happy with the suspension handed down by the former federal judge Sue L. Robinson. The NFL received criticism from several women’s organizations that the punishment was too light. Many people, including yours truly, disagree with Robinson’s determination that Watson’s sexual assault was “non-violent.” Owners of Brown Jimmy and Dee Haslam released a statement that Watson was “remorseful,” but Robinson wrote that Watson “vehemently denies” all allegations and had “lacked any expressed remorse.”
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The NFL argued for a full year suspension, plus other conditions. Not appealing and letting the original sentence stand would be a self-inflicted and unnecessary wound.
▪ At this point, it appears Watson will be lucky to play in 2022. The NFL is still debating a one-year suspension and commissioner Roger Goodell appointed pro-NFL, pro-Goodell hearing officer at Peter C. Harvey. He is a former federal prosecutor and New Jersey attorney general who advised the NFL when it created its personal conduct policy nearly a decade ago. And Goodell has used Harvey for other arbitrations. Bottom line: Goodell doesn’t appoint Harvey if he isn’t confident Harvey will rule in Goodell’s favor.
▪ The deal remains possible, and Watson’s best hope to play this season may be to accept a 12-game suspension. The NFL also wants Watson to seek professional evaluation and treatment determined by medical experts, and notably an “appropriate fine.” Watson alone would lose a maximum of $1.035 million if suspended for the 2022 season while collecting a $45 million signing bonus. The NFL wants to fine Watson several million more while forcing him to sit out a large portion of the games.
▪ If Watson doesn’t accept a deal, a one-year suspension is definitely on the cards. In this case, his contract will be charged (or deferred) for one year. So Watson will make $45 million to sit on his couch this year and $1 million to play in 2023. His contract is up for renewal in 2024, making Watson $46 million per year for four years.
▪ The appeal does not include a personal hearing, only written notes, and only the punishment is argued, not the facts of the case. This works in the NFL’s favor. Robinson sided with the NFL, finding Watson “guilty” of three violations of the personal conduct policy, including sexual assault and “conduct that poses a real danger to the safety and welfare of another person.” Robinson simply disagreed with the NFL on the severity of the punishment. But she gave Goodell everything he needed to increase Watson’s suspension.
▪ Watson can sue the NFL, but that carries a lot of risk. First, the CBA expressly allows the NFL to do whatever it is doing — appeal the suspension, Goodell select a hearing officer, and the league potentially increase the penalty. Additionally, there is a binding Second Circuit ruling thanks to Brady that the CBA gives Goodell broad discretion to punish players.
If Watson files a case and wins a ban against a one-year suspension, he still won’t be on the field for Week 1. At best, he’ll be on the field for Week 7, as he’ll still have to play the six games.
And delaying the shutdown carries financial risks. This year, since his base salary is $1.035 million, Watson only loses $57,500 per game in which he is suspended. If his suspension is delayed until next year, his base salary increases to $46 million and he will forfeit $2.55 million per game.
Watson, 26, is probably best off trying to get his sentence overturned as quickly and painlessly as possible. If that means ending a 12-game deal and paying an $8 million fine, so be it. If that results in a shutdown for all of 2022, so be it. He does not appear to have a strong legal position and delaying the punishment will only make matters worse.
It doesn’t look like the Dolphins were a good fit for Tom Brady in 2020, who left the Patriots for the Buccaneers instead. Chris O’Meara/Associated Press
Dolphins
The NFL did a good job of framing the Dolphins’ penalties for “unprecedented” tampering as significant and severe — the loss of two high draft picks, a suspension and fines for owners Ross and Bruce Beal Jrand the loss of committee status for owners.
But the further this story goes, the more obvious it is that the NFL is covering up Ross and the tanking allegations. There’s more than enough smoke to hit Ross, but the NFL seemingly doesn’t want to expose itself to legal liability when it comes to the integrity of the game.
The NFL effectively admitted it caught Ross asking a former coach Brian Flores to tank: “On a number of occasions during the 2019 season, Mr. Ross expressed his belief that the Dolphins’ position in the upcoming 2020 draft should take precedence over the team’s win-loss record.”
It may not have been an express “code red” order from Ross, but if that’s not tanking, then what is? Flores was so concerned that he took the extraordinary step of putting it in writing and getting it to the top.
The NFL also acknowledged that Ross may have claimed to have offered $100,000 to forfeit games, but “no such comment was intended or taken as a serious offer.”
Your boss tells you he’ll pay you extra if you lose games and you shouldn’t take it seriously? Okay. Even if it was just a joke, there is truth behind it. Ross clearly wanted the Dolphins to pick No. 1, and Flores is the only reason that didn’t happen.
Ross called the tanking allegations “false, malicious and defamatory” and said he “strongly disagrees with the conclusions” of the tampering penalties, despite the NFL having compelling evidence.
What a drug. Ross was clearly trying to get his team to tank. In a just world, Ross would be dispossessed.
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Brady and the Dolphins
Dolphins owner Stephen Ross was penalized in part for tampering with Tom Brady. Wilfredo Lee/Associated Press
Two other thoughts from Dolphins history:
▪ One nagging question — if Brady and Dolphins owners had “numerous and detailed” conversations during the 2019 season, why didn’t he join them in 2020? Brady went to the Bucks, had interest from the Bears, Chargers and Saints and didn’t appear to be seriously considering the Dolphins.
After speaking with several sources around the league, the best answer I can come up with is that the Dolphins simply aren’t a good fit for Brady. They were coming off a 5-11 season and entering Year 2 of a rebuild. They had a receiver Devante Parker and a tight end Mike Gezicky, and not much else. They also had the #5 pick and the potential to pick Tua Tagovailoa, who Ross believed would be a superstar. The Dolphins were not a team ready to win like the Bucs.
▪ Finally, team owners would be wise to consider Flores in next year’s head coaching cycle. Filing a racial discrimination lawsuit against the NFL appeared to hurt his coaching prospects this year, but Flores was completely vindicated by the NFL’s findings of tampering and tanking.
What player wouldn’t want to run through a brick wall for Flores after hearing how hard he fought his owner’s desire to tank? And he continues to prove himself to be a strong leader and a man of good character as he takes an important stand against the NFL and its history of racial discrimination.
If I were managing an NFL team, Flores would be at the top of my list for a head coach.
DR.
Five Questions with Sean McDermott
A walk and talk with the Bills head coach Sean McDermott before Monday’s training camp practice:
Why was it Ken Dorsey the right guy to then step up as offensive coordinator Brian Daboll to the left?
“He had a great relationship with Josh [Allen] from Year 1 when he came in, and that was certainly a big ingredient in his selection. Their comfort level with each other — Ken is smart, he’s played the game at a high level, for several years in college and pro. I think his ability to see the game through the eyes of the player, through the eyes of the helmet, is unique.”
And what’s up with the new QB coach Joe Brady add to the equation?
“Joe is another smart, young coach who works hard. And I think the symmetry that’s emerging between Joe and Ken, Joe and the QB room, especially Josh, is a really good start.”
What kind of impact does it have? Von Miller33, had so far?
“Von’s resume speaks for itself. Is he a bit older? yes Can he still do it? We believe so. And that’s really the most important thing. It remains to be seen how we will use him to keep him as healthy as possible and play at the highest level possible during the season and beyond, hopefully.”
The Bills made a big splash in free agency with tight end Von Miller. Joshua Besex/Associated Press
How did you get over the disappointment of the end of last year?
“I think on all counts it’s been a great year. We don’t let outsiders say it’s not just because the last 13 seconds didn’t go the way we wanted. I think we’re learning from it, but by all accounts it was a successful season. You get to where we’ve gotten, and the record we’ve made, I don’t want anybody, especially in our program, to say it’s a disappointment or a failure. We didn’t get where we wanted to and…
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