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Notes from Lombardi: the delay game

Plaxico Burress forces the commissioner to act first Michael Lombardi

Bookmark and Share Print This Send This June 17, 2009, 10:20 AM EST
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QUOTE: “If two men agree on everything, you may be sure that one of them is doing the thinking.” -- Lyndon B. Johnson (1908-1973)

FROM STEPHEN F. HOLDER OF THE ST. PETE TIMES... (Plaxico Burress) is one step closer to returning to the field after his case on Monday was continued until September. If no plea deal is reached before then, a trial likely would not be held until after the season, theoretically allowing him to play. (Coach Raheem) Morris said there are obstacles, without talking specifics. "He's a great player," Morris said. "Any time you get a chance to add a great player to your team, you definitely have got to have some sort of interest. We don't know what's going on with his legal problems, we don't know what's going on with the suspensions in the league. Until we get all that stuff resolved, it's not even worth talking about."

When Sen. Bob Dole he ran for president in 1996, he had a saying when talking about the differences between Republicans and Democrats: “They know it, we know it and the American public knows it.” Well, that saying applies to the game Plaxico Burress is playing right now -- the delay game. Burress is just trying to get some games (and game checks) under his belt; the players’ union knows it, the commissioner knows it and the American public knows it.

Plaxico BurressAPPlaxico Burress

It appears that Burress has resigned himself to the fact that Mayor Michael Bloomberg’s law for New York City – which, by the way, has helped New York become the safest city in the U.S. with a population of more than 500,000 with regard to violent crimes – will not allow him to escape jail time. The talk from the Burress defense team since his arrest has never centered on his innocence or how they would defend the case. Rather, it’s been how Burress could still play in the NFL in 2009. 

I’ve heard Burress’ attorney, Benjamin Brafman, talk about how Burress has yet to be convicted of any crime, so he should be allowed to play in 2009. Not so fast, Mr. Brafman. NFL Commissioner Roger Goodell has a right to suspend players without a conviction based on their overall behavior as it affects the league. Burress has done nothing since his arrest on the gun charge to make the commissioner believe he has become a model citizen. Then I’ve heard Burress agent, Drew Rosenhaus, say that Burress has paid a steep price losing his salary and being placed on the non-football-related injury list last season. Huh? We’re talking about a self-inflicted gunshot wound, not a football injury. And who caused all the ill will toward Burress? Burress has done all the damage to Burress. Let’s not lose sight of the facts.

Roger GoodellAPHow will Commissioner Goodell handle the Burress Situation?

The commissioner knows Burress is playing the delay game, which forces him to act before a conviction. From my perspective, the commissioner has no problem being proactive, is not afraid of conflict and is not afraid to make tough choices. However, he knows that whatever ruling he makes, a challenge in court by Burress’ defense team will soon follow. Therefore, his decision must be three-dimensional. The first dimension handles the ruling, the second has precedent to back up the ruling and the third can hold up within the boundaries of the NFL Collective Bargaining Agreement. 

When Burress was first arrested, everyone I talked to in and out of the league felt there was no escaping the “Mayor’s Law,” which requires a 3½- year minimum jail sentence. No ability to plea bargain, no way around jail time -- he was headed to jail if convicted. Now, with the trail date moved, it appears Burress would rather challenge the commissioner’s conduct policy than the Mayor’s Law. It might appear to the Burress defense team that this is the best course of action, but for me, this one won’t work either.

The mayor of New York knows what Burress is attempting, every NFL team knows what Burress is attempting and the commissioner knows. In fact, even Bob Dole sitting in Kansas knows. I doubt it will work. If I were a GM right now and needed a wide receiver, I wouldn’t even entertain the idea of Burress -- too much risk, not enough reward.

RANDOM THOUGHTS

Greg Ellis joins the Raiders ...

Greg EllisAPWelcome to Oakland, Greg

When I heard that Ellis signed with the Raiders, my first reaction was that now they will trade Derrick Burgess. That makes sense, but after spending eight years at the Hotel, I would often say out loud, “Logic never prevails here. We must think illogical.”

It has been well-documented that Burgess wants out of Oakland -- very badly. In fact, on draft day, I really thought he would become a Patriot. However, as is the norm, the Raiders struggled to make a decision. Now, with Ellis on board, the Raiders have the ability to move Burgess, which makes logical sense (stop being logical, please).

Ellis is still a very good player, and moving back to the 4-3 will be good for him at this point in his career. He won’t get the pass-rush match-ups he would playing in the 3-4, but he can set an edge in the run game, helping the Raiders’ run defense, which can use a little help.

With third-round pick Matt Shaughnessy on the roster, the Raiders seem to have an extra defensive end, so now is the time to make a move with Burgess. He was unhappy before this, so if the logical move of a trade doesn’t occur now, he will be beside himself.

But that makes logical sense, so stop it.

Comments

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Peter Christian
Jun 17, 2009
11:42 AM

Finally someone comes out and says what most of us are thinking every time Buress' name is mentioned on ESPN or some other news outlet... Good Work Mike!

STM
Jun 17, 2009
12:29 PM

It's pretty clear that Goodell can suspend Plax; it's just a matter of if he wants to do it now, with their still being a chance — albeit a small chance — he could be found innocent in court.

Mr.Murder
Jun 17, 2009
02:43 PM

Not so fast on Plax and the gun law. There's an item called the Commerce Clause, a fairly elasitc premise that applies to certain items for making statutes consistent across state lines. It applies to Congress having ability to excercise power, not one particular city's mayor.

He should have the ACLU and the NRA both argue for him in the court. Imagine that pairing.

Plus he is still given the right to jury trial in a civil hearing, which is in essence what his termination would consist of? This is only round one of a protracted process.

The trial can be dragged out into a time when the Collective Bargaining Agreement no longer applies. Imagine that, NFL's billionaire boys club owners losing their shot at high stakes bluff moves over a cap free year, due to this trial's ramifications. Suddenly behavior clauses,etc. don't hold the same weight?

Would the Commish have to take the stand? What would be left of him after a pack of lawyers devour Goodell's every move? Not enough to feed a media vulture circling overhead.

Can't they just have the commish of the More Taste League grant leniency if Plax asks really nicely and one of the girls in a ref shirt holds out a can of beer? It's almost football Sunday!

Paul Johnson
Jun 17, 2009
03:04 PM

Mr. Murder,

The Commerce Clause is limited by judicial interpretation. You are referring to the Dormant Commerce Clause, which has long been on the outs in all communities interested in judicial interpretation of law. Local and state authorities have the ability to enact gun laws. Remember, the second amendment of the constitution does not AUTOMATICALLY apply to state governments. It has to be included through judicial decision, as the 4th amendment was in Mapp v. Ohio, for example.

The Supreme Court and local courts have long upheld the ability for a local jurisdiction or state to regulate guns. In 1995, when the federal government's Gun Free School's Act was challenged, it fell because it violated federalism.

The commerce clause relates to economics and the ability for the federal government to regulate actions. It has been interpreted broadly to expand Congressional power. However, unless there is a history of economic interests being served by gun possession, the jurisdiction is up to localities and states. So Plax is going to jail.

Twinkie defense
Jun 17, 2009
04:21 PM

Lombardi why did you promise Burgess a new contract? That's why he's mad.

Jack
Jun 17, 2009
05:14 PM

Burress going without suspension this year would be a massive embarassment for the league. I'd be shocked if Goodell didn't suspend him. I personally hope its a longer suspension to punish Plax for trying to cheat the system.

radrntn
Jun 17, 2009
05:33 PM

Why trade Burgess? Unless somebody is willing to give you a 2nd round pick. What's wrong with having Burgess and Ellis start? Nothing wrong with pressure coming on both edges.

Mr.Murder
Jun 17, 2009
06:46 PM

Thanks greatly , Paul.

That is what this is about. Money has a larger stake in the case. Send laywers, guns, and money! Unless he brought his firearm to work for this incident, what grounds is there to remove him? Was it even in the same state, or Jersey?

What about the fact they play in Jersey anyways? This isn't a simple case, it can be drawn out into a timeframe that lands across the span of the CBA's void span.

Powers granted to institutionsa must be explicit as the law's letter. Those remaining are implied and reserved, "to the states, or the people" and most see that gives them equal standing. Liberties listed in the Bill of Rights carry greater weight for individuals in all instances, there is where we find the law's spirit.

Individual rights, and an economic sector's well being, sounds like a pretty powerful duality.
What is it one of the other NFP writers has said before? "Follow the money."

Could he not at least argue that the difference in uniformity between comparative sentences in general for such crime be applied as a way to reflect similar reductions in a plea case? Plea guilty to something outside of a felony and have that sentence reflect a reduction in its maximum letter to the scale we see it apply to the actual felony in comparison of other states range of judgement vs. that of the city?

It would take a while to argue that as well, and could still spill over past agreement time or definitively see it reached in any event upon appeal. Could we not see this future possibility influence the way this is handled now?

Mike M
Jun 17, 2009
07:11 PM

Exactly what qualities did/does Russell possess that would make him a great leader and QB? Recognition? Reaction? Touch? Leadership? Play calling? Throwing the ball 80 yards from his knees? Yes, that happens often in real games does it not and is a sure sign of a winner.

Alex Raines
Jun 17, 2009
08:29 PM

Mike,

My concern with the idea that 29 teams would just ignore Plax is that of a collusion lawsuit. Also, how could the Raiders not want him?

Mr.Murder
Jun 18, 2009
08:38 AM

Jamarcus had an arm, he also had durability(former Texans GM said it best in describing how big you have to be for bringing Jamarcus down).

At LSU he changed plays(usually just routes or directions, but that is still an adjustment) a lot from the shotgun. That gun gave him a quicker read and usually just one player, but it also meant he did less overall footwork. He still could get under center(they has a hoss there). He just didn't have the total footwork reps needed for that move up.

Grove is gone, Satele did a ton of shotgun snaps for the widlcat at Miami and for the June Jones teams in college? Grove had a whole lot of trouble on the shotgun, ankle high bullet snaps,etc.

Have fun playing rugby on those wildcat snaps.

PT
Jun 18, 2009
10:48 AM

Goodell would be wise to do nothing without stating that he is going to do nothing. He should just make subtle suggestions that a long suspension may be in order, but not actually DO anything. The possibility of suspension would scare teams into signing him to a big contract for this season and keep him from playing somewhere for all of the 16-game season in 2009. If he signs somewhere for fewer than 16 games and signs for a small amount of money due to the possibility of suspension, then he is not "rewarded" for delaying his trial nearly as much.

After the legal process has sorted itself out, Goodell can act. But, he is also keeping a reward from happening while avoiding putting the league in a position to be sued for ruling prior to a conviction.

Mike
Jun 18, 2009
12:35 PM

I guess I am a Raiders fan so I am biased but personally I think that you are angry over being fired by the Raiders. When you were hired you had to know that Al Davis ran things and didn't always run things the correct way. Therefore, the only person to blame is you. Have a nice day and stop being so rude. Start being objective towards the Raiders instead of falling into the trap of picking on them. Your acting like your in junior high.

Felix
Jun 20, 2009
07:47 AM

Hey Michael how is it that your an analyst or an expert on being a general magager in the NFL if you got fired from what you say is the worst team in the professional football. I cannot stand the fact that on the NFL network they always turn to you and Warren Sapp as to the ruling on the Raiders when all you do is bash them. Both you and Sapp only complain about what happens in Oakland but if not for Mr. Davis you might have not gotten an oppurtunity (in your case) to be on a staff to reach the Super Bowl and and in Sapps' case to finish his career playing every down other then every third down. Most people bash Mr Davis including you for their recent drafts in regards to selections because he has the final say so but no one gives him credit for getting some right (Nnamdi, Kirk Morrison, Thomas Howard, Zach MIller), I guess all I'm really asking you for is to be fair. As far as Burgess is concerned he has'nt missed a game when healthy or a training camp when under contract so unless the Raiders get what they really want for him expect the Raiders to play him and for him to have 12+ sacks this year then get paid and taken care of by the Raiders next year if not then franchised and traded. I really dont see him playing for New England as an outside 3-4 backer, I dont think he can cover well enough to do what others like Willie Mcginest have done there, some DE's just cant make the cut at OLB and all we have to do is look at two DE's that played in the 3-4 for the Raiders under Belichick former protege Rob Ryan.......Tyler Brayton and Grant Irons..Hey Mike did you draft or sign them or was that Mr. Davis's idea....LOL, just asking.

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