peplaw06;1965193 said:
Why don't you just answer the question?
That's my point, try to keep up. He has sole authority. If someone else had to give him permission, he wouldn't have sole authority.
Oh, I'm keeping up, thank you. I'm stride for stride with you.
What's really ironic - and something you may have totally missed - is that the Senate inquiry kind of contradicts your point about "sole authority" with respect to our disagreement.
As the sole authority to investigate Spygate, Goodell did so. Yet Senator Specter calls for another inquiry, another "investigation" if you will. So does Goodell have sole authority to investigate the matter or not?
If he has "sole authority" to investigate the matter and by your interpretation sole authority means he alone has the power and authority to investigate, then why is Specter involved, prompting Goodell to conduct a "further" investigation? And why is Specter even involved at the Senate level if Goodell has the "sole authority" to investigate the matter? And why is he wanting to conduct an "investigation" since Goodell is the "sole authority" who can do that?
A day after meeting with NFL commissioner Roger Goodell in Washington, Sen. Arlen Specter said he will continue his investigation into the Patriots' Spygate case. Specter said he remains troubled by a number of issues surrounding the league's handling of the evidence.
Specter (R-Pa.) told ESPN.com that Senate Judiciary Chairman Patrick Leahy (D-Vt.) offered support yesterday for his inquiry into the Patriots' illegal videotaping practices. Specter said Leahy is "prepared to have the committee pay for people who travel and investigate." Leahy sat in on a part of Wednesday's session with Goodell and league counsel, Specter said.
"I'm determined to go forward," said Specter, the ranking Republican on the Judiciary Committee. "You have answers and positions where [Goodell] is saying that with the destruction of tapes that, 'We did the right thing. We're absolutely sure.'
I guess "sole authority" doesn't mean what you think it means if Specter can investigate too, now does it?
It also doesn't say that he can "ask them to turn over evidence of cheating," but he did that, didn't he?
Uh, no. But asking for information would be the most basic form of acquiring information unless he's suppose to read minds for the answers.
In only two instances, when they're being lazy or when they're trying to cover something up.
This is not a realistic way to investigate. When else have you EVER heard of an investigation where the investigator asked the accused to turn over all evidence proving he did it, and actually get it?
Exactly. And tell me under those situations where you've
EVER heard of an investigator not getting all the information from the accused and having the power to search the premise for the information but doesn't?
As for the investigation being a lazy one, I guess you didn't hear from the competition committee members (NFL coaches and general managers) who met with Goodell and were convinced he performed a thorough investigation.
But what do they know. They're on Goodell's payroll.
If he doesn't have the power, tell me who does according to the rule book, and explain to me how that jibes with "sole authority." Here's another pointed question. I'll be awaiting your astute answer.
Just as soon as you answer me why if the Commissioner has "sole authority" to investigate the matter that Specter is sticking his nose in this and conducting his own investigation?
If the Commish is worried about being polite to the Pats, then that's just more evidence of favorable treatment. He wasn't polite to Wade Wilson, Michael Vick, Pacman, Tank Johnson, or Chris Henry.
Nice apple-to-orange comparison, counselor. Uh, Wilson, Vick, Pacman, Johnson and Henry didn't have anything to "turn over." They either admitted to their transgressions or there was documentation via arrest records or criminal charges that "indicted" them. And in many of those cases, Goodell was "polite" by having a meeting with them and seeking their side of the story.
And you were telling me to keep up?
The latter 4 of those had outside criminal investigations going on, and Goodell was much more thorough than he was with the Pats.
Yes, and criminal investigations mean they had an arrest record. The information was there and available for Goodell to see.
As for how "thorough" Goodell was, you don't know. You're not privy to the information he had. You didn't see the tapes. You didn't evaluate what was on them. You don't know the information on them that led to Goodell's decision. And, as I mentioned above, the competition committee members were convinced the investigation was a thorough one.
Please. If you think it's as simple as each team technically owning private property, then you gots problems.
The teams are part of the league and have to abide by its rules. If this distinction meant anything, why don't they just roid up all their players then refuse to allow them to test? Isn't the testing done on private property? How could they be forced to take a piss test on their private property? Probably because the league has the power to make them, don't ya think?
Wow. Talk about a reach.
You're getting desperate counselor, desperate or frustrated, one of the two.
Uh, drug testing is
SPELLED OUT according to NFL policy. And if you know anything about drug testing policies, they are pretty specific about how they're to be administered. Even public and private schools (which I'm more familiar with with respect to drug testing) which have drug testing policies spell out specifically when and where they are to be administered and who is to do the testing.
But I can guarantee you as sure as the league understands about unions and lawyers, if those drug-testing policies weren't clear and spelled out, the NFL couldn't test athletes on private property. In fact, I betcha that the right to test on private property doesn't mean that the NFL can make an athlete take a piss test at their private homes.
I guess maybe "private property" is sort of like "sole authority" which gives the NFL the right to test an athlete anywhere just because he's an athlete, plays in the NFL and has agreed to be tested.
Goodell wouldn't be searching purses and wallets. He would be looking for evidence of the Pats videotaping other teams signals and walkthroughs. Purses and wallets are personal property that are brought onto the premises. The videotapes, computers storing the videos, etc. are company property that stays on the company premises for the most part.
Sigh.
You're a lawyer. This shouldn't be difficult unless you're purposely being obtuse.
Let's say I stole a company microchip, and I put it in my wallet. The company knows someone has stolen its property, and company officials want to search for it. Can they search company desks? Of course, because they belong to the company. Can they search company computers? Of course, because they belong to the company. Can they search my wallet? Uh,
NO! Why? Because that's my personal property.
Even if the Patriots had video tapes but lock those tapes away in, let's say, Belichick's personal locker. The league can't search that locker, regardless whether the tape belongs to it or not.
By all means, lets just carry HGH and steroids in every locker room. And lets juice all the players. He can't do anything about it. It's just a loose association.
I take at face value that you're a lawyer. So please don't demean yourself or your intellect with exaggerations like the above. We were having such a pleasant conversation.
First, I've explained to you the difference between personal/private property and company property and why the NFL can't search personal/private property even in a company setting.
Second, your silly example doesn't work because the NFL has a
CLEAR policy with respect to steroid use and drugs. And I'm betting that policy is spelled out very detailed as to when testing is conducted and where it is conducted and who conducts it. (As an aside, your example is more fittingly applied to baseball because baseball, heretofore, didn't have such a policy, as I understand it. And that's exactly what was happening.)
Third, I've disputed your assessment of "sole authority" with the very reason why we're still having this conversation, i.e., Specter wants to conduct an "investigation" himself. So if Commissioner Roger Goodell has "sole authority" to conduct an investigation, is Specter ...
a.) overstepping his authority and acting out of line or
b.) is "sole authority" open to interpretation, which, of course, would also raise the question as to whether "sole authority" means he has search and seizure powers?
I guess I should expect another lengthy reply. One thing is certain about lawyers and reporters is that they love to use lots of words.