First off...that has to be the silliest thing I've ever seen. Why in the world would we trade both our first round picks for Moss?
I mean I like Moss as much as anyone but that is beyond stupid.
As for slapping him with the franchise tag I believe their hands are tied on that. Now I could be wrong, sometimes I get my stories mixed up, but I understood it to be that part of the deal for the Moss trade to come through, from Oakland, was that New England had to allow him to be an unrestricted free agent at years end, and that they could not franchise tag him.
So, I think, he's going to be totally free to sign with anyone he wants.