OK, I must admit I’ve not seen a deal as strange as the Deshaun Watson debacle currently being adjudicated by Sue L. Robinson in quite a while. Since she issued her decision on Mr. Watson, and her being referred to as a retired federal judge, I was curious- aren’t you- as to what her exact credentials are in this affair and how she comes to wield such power in the case. After graduating from University of Pennsylvania law school she had a private practice for five years in Delaware. The next five she was an assistant U.S. attorney in the District of Delaware, then three more as Magistrate Judge in the same district. Finally, the big show. George H.W. Bush nominated her to a seat on the U.S. District Court (Delaware, of course) in 1991 and she served federally until retiring in 2017. Currently, as we all now know, she has been contracted to dispense punishment for rules violations in the NFL. Lots of street cred there.
Here’s how this is supposed to work. She is independent, and her decisions are final. Per the 2020 edition of the Collective Bargaining Agreement (CBA), an agreement between the 32 owners of NFL teams, represented by Commissioner Roger Goodell, and the NFL Players Association (NFLPA), represented by an elected player in the NFL, she is the league’s ‘disciplinary officer’.
The NFL was founded in 1920 with the too-long name of American Professional Football Association, changed two years later to the more recognizable National Football League. For the first eleven years, the champions were one with the best record. Can you imagine any American professional sport today without a playoff? Well, the owners smartened up in 1933 and implemented a one game playoff finale among the ten teams. Best record East vs. best record West. As time went on of course, the original ten teams expanded until we have the current 32-and a much more lucrative playoff schedule. Since the early days, you needed money to own and operate an NFL franchise. Today, if you don’t have a net worth in the billions, don’t bother them with an expansion inquiry.
Conversely, the NFLPA began in 1956, when two members (from the Cleveland Browns) started a campaign to organize the players as a labor union. Abe Gibron and Dante Lavelli detailed a laundry list of grievances, such as low pay ($10,000 for current players, $9,000 for rookies), no pay for pre-season practice, or getting injured on the job. Indeed, it even included laundry, like clean uniforms. Initially ignored by the NFL, a player strike in 1968 got their attention. After eleven days, the first CBA was signed.
Seven iterations have followed, the current one signed in 2020 is set to run ten years. As one indication of the CBA’s effectiveness, in 1965 Joe Namath signed a then record deal with the New York Jets for $427,000 (roughly four million dollars today). Deshaun’s current record deal guarantees him $230 million. Thanks for legitimizing the AFC, Joe. Sorry about the money. It’s tough watching you do those commercials. Clearly the NFLPA has done its job. It doesn’t hurt that American football is also awash in money. A new ten-year television deal has each team’s television payout set at $250 million this year and going above $350 million in ten years. And that’s even before parking revenue! This makes it easier to share an ever-greater slice of an ever-expanding pie. That kind of dough can wash a lot of uniforms. But it can’t, and shouldn’t, wash this.
Judge Robinson laid down a six-game suspension on Mr. Watson, using numerous citations of the league’s own conduct policy. It turns out that Mr. Goodell thinks it should be at least a year long suspension, plus a large fine (millions), plus counselling, plus doctors signing off about him having been cured of whatever specific problem he does, does not, or may have. While it’s good to know at least someone is attuned to prevailing attitudes about sexual assault, I doubt it should be him. He endorsed the conduct policy in the CBA, and now, as Mrs. Robinson has so bluntly pointed out, he wants to mete out punishment that far exceeds the standards set forth in said policy.
He has now contracted Peter Harvey to supplant his judgement for Mrs. Robinsons’. Mr. Harvey has served previously as New Jersey attorney general, worked as a federal prosecutor and is on the NFL’s diversity advisory committee. So, some street cred there as well, but who wants to be second choice for the prom? As for me, I’m more comfortable with a woman calling the penalty for this specific offense. Diversity committee or no, sorry, Pete. As for the Commish, I don’t believe he really cares how the final decision goes, as long as he can say he did everything in his power….blah, blah, blah, you know the deal. If he doesn’t like one decision by the first person he hired, he’ll just hire another, presumably more aligned with his views, to make the ‘right’ choice. Even more vexing, how does a plaintiff get to choose the judge?
The Cleveland Browns traded for Deshawn shortly after a grand jury in Houston elected to not charge him on any of the nine bills presented on March 11th of this year. I wasn’t in the room so I can’t say what led them to that decision. It certainly wasn’t Deshaun, as he chose to plead the fifth. Which is his right under the law. That’s where this ball gets rolling. The Browns appear to have no one in upper management with the awareness of the current cultural space most of us live in. People have the odd idea that they can make up their own minds about things. I even know some people who think that O.J. actually did it. Mr. Watson may be a terrific quarterback, and he is innocent of the nine accusations by law, as he was not charged with any crimes. That, however, is not the only court in the land. There is the one of public opinion, and if you can’t hear it now, wait ‘til opening day.
The hapless Browns haven’t had a great quarterback since Brian Sipe was shredding defenses with the Kardiac Kids. Missing more than ever is Ozzie Newsome, their director of player personnel, before he rode out of town when the Browns moved to Baltimore and became the Ravens. A first-class guy, community leader, one of the smartest men in football, and possessed of great judgement. He was a great tight end for the Browns too. Mr. Newsome certainly would have helped them avoid this coming storm. Current leadership in Cleveland is almost as culturally repressed as the front office of the Washington Commanders. Hell, it took them until 2020 to scrape off the Redskins logo.
Will Mr. Watson get the chance to be successful with the Browns (picture of Super Bowl trophy here) based solely on his on-field performance? Time will tell, and the clock is ticking.
I’m sure there are plenty of Cleveland Browns season ticket holders who will have a tough time explaining to their wives why they are still season ticket holders. Good luck to those guys. Even Reggie White couldn’t defend that one.