Monday, February 25, 2008

MATT WALSH TO TALK, THEN WHAT?

By Scott Daniels, Esq., NFL Draft Bible

The NFL wants Spygate to be over.

Roger Goodell and the NFL's Competition Committee have expressly stated that their investigation is complete and the league can finally move forward.

But why? Why is Goodell practically ignoring the potentially powerful information Matt Walsh may have that might bolster the claims that Bill Belichick and the Patriots have been cheating for years?

Well if it wasn't for a determined United States Senator, Matt Walsh would be a non-issue. And regardless of his critics, Senator Arlen Specter is not letting down.

In what he claims is a pursuit of justice, Senator Specter is still actively pursuing Matt Walsh's claims and Goodell has reserved the right to open up his investigation and impose more penalties if need be. So, in light of the mass speculation surrounding Matt Walsh and his alleged information, here are some legal ramifications that are sure to pop up should Walsh divulge any information on Spygate.

More Punishment?
Bill Belichick and the Patriots organization have already begun their smear campaign on Matt Wash in an attempt to discredit him as much as possible. Walsh did come out of the wood works after the NFL's initial investigation and his credibility is certainly an issue.

However, if Walsh does have valid information that he can back up with legitimate physical evidence (an actual videotape), Goodell will be forced to take more action against Belichick and the Patriots. The Patriots will certainly argue that Walsh acted in a rogue capacity if he does produce a videotape and the NFL will have to dig deeper to determine the validity of the tape.

Simply put, if Walsh does produce a videotape, Spygate is not going away anytime soon. Belichick could face a suspension and the Patriots organization may have to cough up a lot more money for knowingly hindering a league investigation.

Arlen Specter's Continued Role
Senator Specter is adamant about uncovering a conspiracy. He has threatened to hold a congressional hearing to find out just how deep Spygate really goes. While a hearing on Capitol Hill is unlikely, Specter is refusing to let up in his quest for the truth.

But it is important to understand that Belichick and the Patriots did not break the law in any way. They broke NFL rules. Senator Specter's desired congressional hearing could only be held to determine if the NFL should be stripped of their antitrust exemption.


That said, Specter remains to be a significant player because he seems to be the only authority that wants more information on Spygate. In short, while the NFL retains it's antitrust exemption, government officials like Specter have a ground to stand on.

Future of Matt Walsh
At this point, the only thing keeping Walsh from speaking Goodell or Specter is an indemnification agreement from the NFL. Walsh's lawyer already shot down the NFL's first agreement saying that it left Walsh vulnerable to a possible lawsuit.

Because Walsh signed a confidentiality agreement with the Patriots upon leaving the organization, Walsh could be sued for divulging any information relating to his employment. An indemnification agreement would protect Walsh from any civil liabilities as a result of him talking.

Walsh's information could blow this entire investigation open, especially if he has video evidence. Rumors of a book deal have been circulating, but remember that an indemnification agreement by the NFL would only cover him with respect to his communications to the league about Spygate. Walsh could face a lawsuit if he tries to turn Spygate into a ploy for personal gain.

Recent Developments
A $100 million civil suit has been filed by a former Ram's player naming the Patriots, Belichick and owner Robert Kraft as defendants. The suit seeks damages as a direct result of wrongful taping alleged in the complaint.

Walsh's information could be the smoking gun we all have been waiting for. If a tape does exist, the Patriots are headed for serious trouble. A team that flirted with perfection just a few weeks ago may be tarnished for years to come.


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