This is what’s known as the “Racehorse” Haynes defense. “Racehorse” was a famous trial lawyer in Texas. When his client got sued, charged with letting his dog bite and maim the plaintiff, “Racehorse” had this defense:

1. My client’s dog didn’t bite you
2. If he did bite you, it wasn’t very hard
3. If it was very hard, then you provoked the dog
4. If you didn’t provoke the dog, then my client doesn’t own a dog.

They are guilty. Whether you agree with the punishment is one thing but to deny it happened is pathetic.

Personally, I think that after the first investigation Benson should have instituted a little more oversight. His ignorance of everything is awfully convenient…

1. You have no “constitutional rights” with regards to private entities. None. If your friend, or employer, asks you a question, you don’t have a fifth amendment right to not answer. You do have the ability to not answer, but that’s, you know, an ability you always have. Maybe if Freeh was a court, and maybe if he subpoenaed them, you’d have an argument. And maybe if Josh Freeman doesn’t suck this year, the Bucs will win the Super Bowl. Not holding my breath.

2. A “wrongful termination lawsuit”? Do you mean that there was a breach of contract, or a CBA, or civil rights laws, or somesuch? Or that at-will employees are creating a new prima facie tort? Just curious!

I’d say that anyone fired from their job because they declined to waive their constitutional rights (as is the possible position Loomis, Payton, Vitt and others make take) would have a potential wrongful termination lawsuit on their hands.

While they are not government employees (who have ‘Garrity Rights’) those Saint’s named above would surely make take legal action if they refused to waive the fifth and were retaliated against for doing so.

Maybe they win–maybe they don’t. But ask yourself this–would YOU want to have 12 New Orleans jurors deciding a case where you are being sued by Sean Payton?

1. I’m a bit surprised, and not a little impressed, that Freeh’s report on Penn State was not a whitewash of the acts and omissions of school legends and admininstators, given that Penn State paid for his services and has potential financials interests at stake. After all, enabling a pedophile to practice his disgusting art on campus can cost the school millions. Believe me, its always – always – about the money.

2. I’m wondering now if Benson is having second thoughts about turning Freeh loose in New Orleans. What financial harm can a truly unbiased report have on the owner? Or, what adverse affect would it have on the NFL itself ( of which Benson is an enterprise partner ) if Freeh’s investigation shows as little evidence as Goodell has been able to come up with, which is pathetically little so far.

3. There is another reason why no single player should speak one word to Freeh. This whole matter is now in litigation, including what appears to be a serious claim against Goodell for slander and libel ( based on currently known evidence ). They are all potential witnesses to what did, or did not, happen. They are subject to being deposed by either side. So they are well within their rights to tell Freeh that he can get a copy of their deposition when the time comes. The same goes for the coaches.

4. I still don’t understand why so many visitors to this site believe that these players should not be entitled to see the evidence against them and why they should submit to punishment without seeing the evidence and why a case has been “proved” against them when Goodell’s evidence keeps turning up embellished, fabricated, or just plain false.

If it turns out that Goodell was right all along, I will gladly apologize.

The Constitution applies to “the State”, not to Freeh acting on behalf of a private employer. People can refuse to talk to him *because they don’t want to*, and the private employer can judge their actions accordingly and take the action he sees fit.

In other news, you might have the First Amendment right to say the eff word without the government punishing you. Probably shouldn’t say it to your private employer.

I will respect the findings of Freeh’s investigation into the Saints. I just don’t trust any word that comes out of Goodell’s mouth on any subject based on its own merit.

I didn’t hear Benson sticking up for his players or his coaches, so it’s difficult to say with certainty that the Saints owner is not paying for a predetermined opinion from Louie Freeh…an opinion that supporters Goodell.

The Bounty case could be the “Ace” the NFL hopes to play in a much bigger case…a case that could cost the owners and the NFL billions…

…the CONCUSSION CASES.

The NFL and Goodell would love to point to the Bounty case and say (hypothetically)…

…”don’t blame the NFL for all the concussions players received during their careers, because it’s been proven and affirmed by Louie Freeh that the players intentionally tried to cause injuries, including concussions in the Bounty case”…

Would Tom Benson sacrifice his Saints in this manner if he and the rest of the owners along with Goodell thought they could pull off this charade to help escape the potential liability (Billions of $$) they could be facing in the Concussion litigation?

…good question ???

The NFL= the 32 franchise owners and the management they hired (Goodell and company) to help run the National Football League…they are all on the same side and I would expect them to work together to escape the potential liability of the Concussion case.

And do you really wanna know those secrets?

I would expect the same thing to happen with the Saints “investigation”.

Former employees and players don’t have to return Freeh’s calls–and most won’t. Current players and employees have a tougher choice. They will be expected/pressured to talk to Freeh openly and honestly. But— what if someone chooses not to submit to an interview while citing the right to not self incriminate? Can Benson fire someone for exercising a constitutional right? You can bet Loomis, Payton, etc are already discussing that with their attorneys.

It will be very interesting to see what he comes up with and while his investigation is of the Saints organization hopefully he will be up front with his opinions and findings regarding the NFL in this as well.

1. First, it’s never the crime, it’s the coverup. Not only do you have the evidence of the original culpability, but the evidence of people lying about it. Then you add in the fact that after the NFL originally investigated whatever it was, they continued. That’s a failure of management.

2. Second, had the problem been nipped in the bud to begin with, it wouldn’t have been so bad. The cultural change that occurred in the two/three years between the original investigation and the new investigation (concussions, player safety) made the fallout worse.

I swear some of those PSU fans(weirdos) over on CFT need professionall help, as long as the guy who runs it. JT