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Sexual Assault Suits Against Watson

Per a source with knowledge of the intended strategy, the NFLPA currently is bracing for a recommendation by the league of “unprecedented” punishment of Watson. Whatever the specific penalty, the union will mobilize to defend Watson, as it is required to do by the federal duty of fair representation.

The source explains that the NFLPA would defend Watson in part by making an aggressive argument premised on the consequences, or lack thereof, imposed on a trio of owners who recently have found themselves embroiled in off-field controversy. The argument will be that the punishment of Watson is not proportional to the punishment of those owners, especially in light of this key line from the Personal Conduct Policy: “Ownership and club or league management have traditionally been held to a higher standard and will be subject to more significant discipline when violations of the Personal Conduct Policy occur.”

According to the source, the union’s defense of Deshaun Watson will take specific aim at the league’s handling of Commanders owner Daniel Snyder, Patriots owner Robert Kraft, and Cowboys owner Jerry Jones.
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profootballtalk.nbcsports.com

NFLPA's defense of Deshaun Watson will take aim at NFL's treatment of multiple owners

Eventually and inevitably, the NFL will take action in the Deshaun Watson case.
profootballtalk.nbcsports.com profootballtalk.nbcsports.com
 
Better believe the NFLPA is not happy about having to do this defense as it puts them in a very tough spot as well but by law they have to. If they attack this to aggressively then the next CBA is going to be a knock down, drag out fight and the owners will hit them anyway they can. What people forget is that if there is a strike its not the big names that are hurt but the NFLPA is mostly made up of the regular players and they don't get paid during a strike so most of them start hurting quickly.
 
maverick512000 said:
Better believe the NFLPA is not happy about having to do this defense as it puts them in a very tough spot as well but by law they have to. If they attack this to aggressively then the next CBA is going to be a knock down, drag out fight and the owners will hit them anyway they can. What people forget is that if there is a strike its not the big names that are hurt but the NFLPA is mostly made up of the regular players and they don't get paid during a strike so most of them start hurting quickly.
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The NFLPA agreed to go by the findings of violation of the Personal Conduct Policy by the ex-judge...........and the final punishment being dealt by Goodell or his designee.............period!
 
CloakNNNdagger said:
The NFLPA agreed to go by the findings of violation of the Personal Conduct Policy by the ex-judge...........and the final punishment being dealt by Goodell or his designee.............period!
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They did yes but they still are required to defend him and they can, I believe, still appeal which if Watson pushes for they would have to.
 
maverick512000 said:
They did yes but they still are required to defend him and they can, I believe, still appeal which if Watson pushes for they would have to.th
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There is no appeal to Goodell's final decision in the algorithm.

Judge decides on violation............judge sets tentative punishment..............NFL thru Goodell agrees or disagrees with punishment..............if there is disagreement, or appeals by the player at this point, then Goodell sits in final judgement and sets final punishment.
 
CloakNNNdagger said:
There is no appeal to Goodell's final decision in the algorithm.

Judge decides on violation............judge sets tentative punishment..............NFL thru Goodell agrees or disagrees with punishment..............if there is disagreement, or appeals by the player, then Goodell sits in final judgement and sets final punishment.
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That is my understanding also
 
maverick512000 said:
They did yes but they still are required to defend him and they can, I believe, still appeal which if Watson pushes for they would have to.
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So the NFL can either choose between the NFLPA or the growing disgruntlement of fans and the public. Sounds like a system at a crisis point of their own making.
 
CloakNNNdagger said:
There is no appeal to Goodell's final decision in the algorithm.

Judge decides on violation............judge sets tentative punishment..............NFL thru Goodell agrees or disagrees with punishment..............if there is disagreement, or appeals by the player at this point, then Goodell sits in final judgement and sets final punishment.
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Interesting, good to know. Thanks.
 
The NFL, especially in light of the findings of recent events, likely has been given more than enough reason to be able to implement severe punishment.

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From the NFL Personal Conduct Policy:


In investigating a potential violation, the league may rely on information obtained by law enforcement agencies, court records, or independent investigations conducted at the direction of the NFL. League and team employees including players are required to cooperate in any such investigation and are obligated to be fully responsive and truthful in responding to requests from investigators for information (testimony, documents, physical evidence, or other information) that may bear on whether the Policy has been violated. A failure to cooperate with an investigation or to be truthful in responding to inquiries will be separate grounds for disciplinary action. Players who are interviewed in the course of an investigation may be accompanied by an NFLPA representative as provided by Article 51, Section 11 of the CBA.
 
Divide intensifies in league office over handling of Deshaun Watson
Posted by Mike Florio on June 16, 2022, 7:13 PM EDT


nt developments gave the Deshaun Watson case a more ominous feel, some in the league office believed that Watson should not play until the pending litigation has ended. However, Commissioner Roger Goodell took the possibility of paid leave off the table in March.

Starting with the feature that debuted 23 days ago on HBO’s Real Sports with Bryant Gumbel, the situation has gotten worse for Watson, with two more lawsuits filed, two more expected, and possibly more to come. As one source with the dynamics of the situation explained it to PFT on Thursday, the league is very concerned about the drip, drip, drip of more cases being filed.

The new cases, the looming cases, and the possibility for even more cases, coupled with the HBO story and the recent article from Jenny Vrentas of the New York Times, have given more credibility to those in the league office who want Watson to be sidelined until the litigation has completely ended.

It’s unclear how this split will be resolved, and it will be difficult for the league to make a full and final decision regarding potential discipline without knowing how many cases will be filed. Through it all, the league has to balance the potential consequences of going too far with the possible fallout from not going far enough. And it was a failure to go far enough with Ray Rice in 2014 that nearly brought down the house.
Whatever the Commissioner does, he won’t put himself in position to be criticized again for going too easily on a player accused of misconduct against a woman. Or 26 women. And counting.
 
The NFLPA is talking about trying to compare Kraft's, Snyder's and Jones' punishment or lack thereof to Watson's potential "unprecedented" punishment. If my child was being punished by being grounded for a weekend for something disturbingly bad he had done..........and he came back with "That's not fair. Johnny did it too, and his father didn't do a darn thing to him".............I'd probably ground him for a month.:foottap:
 
djohn2oo8 said:
https://twitter.com/x/status/1537780610701225984
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A few things.
1. Burney is lying. He would have been questioned about other things regarding Watson as well.
2. The official GLOMAR (we cannot confirm or deny) response of the FBI should be troubling to the NFL. Because there may still be an ongoing investigation. It’s possible that they have wrapped up their investigation, Rusty never mentioned anything about the FBI being finished.
 
Also, something fishy about the extortion thing. Watson isn’t a federal official. Unless the plaintiff was, the FBI doesn’t prosecute that unless it happens against a government or by a government official.
 
djohn2oo8 said:
A few things.
1. Burney is lying. He would have been questioned about other things regarding Watson as well.
2. The official GLOMAR (we cannot confirm or deny) response of the FBI should be troubling to the NFL. Because there may still be an ongoing investigation. It’s possible that they have wrapped up their investigation, Rusty never mentioned anything about the FBI being finished.
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I've been told by several attorneys that it is not unusual for a serious FBI investigation regarding complex situations (Watson's growing more and more complex by the day) to last as long as 5 years before a final determination is made. A single "extortion" case would have been closed by now.
 
djohn2oo8 said:
Also, something fishy about the extortion thing. Watson isn’t a federal official. Unless the plaintiff was, the FBI doesn’t prosecute that unless it happens against a government or by a government official.
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In actual practice, federal prosecutors are only likely to pursue blackmail or extortion charges against somebody under 18 U.S.C. § 873 if the case involves substantial federal interest. This would include a situation where the offense crossed state lines, or implicated federal law in such a manner that a state-level prosecution is not adequate to serve the interests of federal law enforcement.

The complainant's actions in regards to this situation would not fall under federal pursuit.
 
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The NFLPA has retained prominent lawyer Jeffrey Kessler (one of the world's leading antitrust, sports law, and trial lawyers) on behalf of Watson in the case, a move the union typically makes for its most significant and contentious issues.
 
Much like a plea bargain, guilt must be admitted. And as I have posted previously, the NFLPA would be easily opening up Pandora's Box for Watson.

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Negotiated punishment for Deshaun Watson is possible, but currently not likely
Posted by Mike Florio on June 17, 2022, 1:03 PM EDT


The NFL has yet to decide what to do about Browns quarterback Deshaun Watson.

One possibility will be to work directly with Watson and the NFL Players Association to reach a negotiated resolution.

As a source with knowledge of the situation recently told PFT, “There’s a way out for everybody.”

There is, but it won’t be easy. To accept a punishment, Watson must be willing to admit that he did something he shouldn’t have done. To date, he’s been unwilling to do that.

Absent a settlement between the NFL, the NFLPA, and Watson, the league will have to make some decisions. First, paid leave or unpaid suspension? Second, if unpaid suspension, how long?

The union expects the league to suggest an unprecedented suspension, with the understanding that it will be reduced on appeal. But the appeal process could be problematic, for everyone.

As explained on Thursday, the NFLPA will defend Watson in part by pointing to three owners who weren’t punished enough or at all. That could get delicate for the league, and for those owners. But there’s risk for Watson, too. The process could result in the development of evidence that could be used against Watson in the pending civil cases. Likewise, evidence generated by the in-house arbitration process could give new life to a potential prosecution.

So it makes sense for everyone to work something out. Complicating matters continues to be the possibility that more lawsuits will be filed, more negative developments will unfold, and the outcome will seem to be insufficient.
 
maverick512000 said:
I liked it better when they were saying "unprecedented", significant doesn't sound like as long and therefore not as high draft picks.
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Actually printed words in the end will make little difference.

Note that this came from Watson's camp, likely Hardin, who is always minimizing the situation.:

The league “probably” will seek a suspension of one full season for Watson, a person on Watson’s side of the case said Friday. A person familiar with the league’s view of the case cautioned to be “careful” about specifying a precise length at this point for the suspension the NFL will seek. But that person also said: “Significant would be the proper term.”
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Report: NFL to “probably” seek a one-year suspension for Deshaun Watson
Posted by Mike Florio on June 17, 2022, 4:01 PM EDT

When Major League Baseball suspended Trevor Bauer for two years due to allegations that, at their core, involve sexual consent and the violation of it, we asked whether this meant the NFL will suspend Browns quarterback Deshaun Watson for a full year. Reportedly, the league will try to impose something along those lines.

Mark Maske of the Washington Post reports that the NFL will argue that Watson should receive a “significant” suspension, and that the league “probably” will ask for a one-year banishment.


The Disciplinary Officer jointly hired and paid by the NFL and the NFL Players Association, retired federal judge Sue L. Robinson, would then determine whether she should impose a suspension of that magnitude, something less than that, or no suspension at all. If the end result is no discipline of any kind, the case ends. If any discipline is imposed, Commissioner Roger Goodell would have jurisdiction over an appeal by either or both sides. He could reduce it, or he could increase it.

Some think that the league will deliberately overshoot its preferred suspension, assuming that Judge Robinson will reduce whatever is imposed. Thus, if the league asks for a year, she could potentially cut it to eight or 10 games. If the ultimate goal is to have Watson suspended for a full year, the league may need to propose something more than that.

Per Maske, NFLPA outside counsel Jeffrey Kessler has become involved in the case. The league reportedly is concerned that Kessler will push for no discipline at all.

Maske confirms our report that, in defending Watson, the NFLPA will point to the punishments imposed (or not) on Commanders owner Daniel Snyder, Patriots owner Robert Kraft, and Cowboys owner Jerry Jones to support the argument that Watson’s punishment, if any, should reflect the consequences those owners received — especially since the Personal Conduct Policy warns that owners are held to a higher standard than players.

Maske adds that the league would like to have the situation fully resolved before training camp opens, but that the approach taken by Watson and the NFLPA could delay the outcome. Don’t blame Watson if that happens, NFL. You’ve had months to investigate the situation and to make a decision. When the time comes for Watson and the NFLPA to present a defense, it should take whatever amount of time it needs to take. And that should have been factored into the timing of the initiation of the process.

Per Maske, the league could impose discipline against Watson based on currently available information, with the understanding that further discipline could be imposed if new information surfaces. That could get tricky for the league. If, for example, he’s suspended eight games and proceeds to lose any, some, or all of the 24 (soon to be 26) lawsuits pending against him, the NFL surely wouldn’t be able to suspend him again simply because juries believe the testimony of the plaintiffs and impose verdicts against Watson. There would have to be something truly new — new claims, new evidence. Something that the league didn’t already know or that it shouldn’t have known, through reasonable investigative steps.

Although Maske’s story doesn’t mention paid leave, that remains a viable alternative. First, that process doesn’t involve Judge Robinson. Second, it defers a final decision until all litigation ends. Third, it gives Watson a clear incentive to settle the cases pending against him.

Whatever happens, the clock keeps ticking more and more loudly. Presumably, a decision is coming soon. It should happen be no later than Friday, July 1 — the one-year anniversary of the epic, four-day weekend bad-news dump regarding the Commanders, a woefully inadequate (and sloppily enforced) penalty against Snyder, and a blatant effort by the league to hide the specific facts that, if disclosed, quite possibly would have made it untenable for Snyder to continue owning the team.
 
maverick512000 said:
Brace yourselves because I’m calling it now Watson will get a slap on the wrist that won’t even hurt the Browns chances this year.
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Owners are pissed, about the contract. That’s where the power lies in all of this. Also, the arrogance to shift the blame to Kraft, Jones etc, will do more harm to his chances to play than they will good.
 
There is nothing in the NFL Personal Conduct Policy that addresses the necessity of "fairness." The fairness to the new Policy was negotiated into the Policy by the the NFLPA when they put the decision of whether an entity had violated the Policy completely out of the hands of Goodell and into the sole control of the Disciplinary Officer.
 
maverick512000 said:
Brace yourselves because I’m calling it now Watson will get a slap on the wrist that won’t even hurt the Browns chances this year.
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The NFL on so many levels in today's environment could not withstand the backlash.........and would not accept a decision which would create and expose them to that backlash.
 
badboy said:
CEL 1 year for 2022 . Only costs $1 million.
Indictment in 2023 leads to one year suspension.
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CEL wouldn't cost him anything. He'd get paid while on CEL.

I expect a 1 year or indefinite suspension with an opportunity to get reinstated after 1 year. Then we go through this whole dance again. There might be additional fines just because of the way his contract is structured. Those fines can then be reduced/removed after an appeal.
 
paycheck71 said:
CEL wouldn't cost him anything. He'd get paid while on CEL.

I expect a 1 year or indefinite suspension with an opportunity to get reinstated after 1 year. Then we go through this whole dance again. There might be additional fines just because of the way his contract is structured. Those fines can then be reduced/removed after an appeal.
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My focus on the CEL is not whether it costs DeShaun Watson but how it impacts the Houston Texans in draft pick.
 
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