The NFL has gone to great lengths in insisting that Ted Wells and his team conducted a truly independent investigation into the allegations of ball tampering against the New England Patriots. But in a legal brief that was submitted to U.S. District Judge Richard Berman Friday night, the league argued that it wouldn’t matter if Wells was independent or not.
According to Sports Illustrated’s Michael McCann, the NFL noted that there is no language in the collective bargaining agreement stating a legal obligation to hold an independent investigation.
The NFL, however, considers these arguments to be “irrelevant” under the law. In its brief, the NFL correctly stresses that Article 46 of the collective bargaining agreement lacks any language that compels an “independent” investigation. Therefore, the NFL reasons, the league had no legal obligation to provide Brady with an independent investigation.
The likely problem for the NFL in making this argument is that the NFL has consistently assured Brady, the NFLPA and the public of Wells’s independence. Consider the NFL’s statement on Jan. 23, 2015 announcing the hiring of Wells: “Mr. Wells and his firm bring additional expertise and a valuable independent perspective.” Also take a look at Goodell’s statement from May 6, 2015, when he praised Wells: “I want to express my appreciation to Ted Wells and his colleagues for performing a thorough and independent investigation.”
As McCann notes, Judge Berman reserves the right to decide that the league was expected to conduct a truly independent investigation based on the assurances it gave — regardless of what the CBA says.
If nothing else, the NFL’s insistence that the Wells investigation didn’t have to be independent could result in another hit to its public image. Roger Goodell has already been caught trying to deceive the public. This could make him look even worse.
