The NFLPA and the four players suspended in the Saints’ bounty case have filed their motions in the U.S. District Court in New Orleans asking that former NFL Commissioner Paul Tagliabue be removed from hearing their appeals because of a conflict of interest. In their filings, they also asked for a neutral arbitrator to be appointed by the court.
One of the players’ concerns stems from the fact that Tagliabue himself could be called as a witness in the Bounty hearings. Tagliabue was the NFL commissioner from 1989-2006 during which time there is public evidence of the league both supporting and acknowledging the existence of bounties. In the 90′s ESPN produced a documentary called “Smash for Cash” which detailed the existence of NFL player funded incentive pools for legitimate plays. The segment included Reggie White talking about paying $500 for “big hits” on opposing players. At the end of the segment, an NFL spokesperson is quoted as saying that “the program is within the rules as long as players use their own monies, the amounts are not exorbitant and the payments are not for illegal hits.” Other media outlets at the time also reported the acceptance of bounties by the NFL.
Another concern of the players is that while Tagliabue is no longer the sitting NFL commissioner, he has remained connected to the league. He works for Covington & Burling the law firm that presently represents the NFL in various matters, including bounty and representing Goodell in Jonathan Vilma’s defamation lawsuit against him. Last week, Commissioner Roger Goodell recused himself as the hearing officer and appointed Tagliabue in his place.
“We have advised the union that we believe there is no basis on which former commissioner Tagliabue should recuse himself and we will oppose any request that he do so,” NFL spokesman Greg Aiello said in an email according to published reports. “The appointment is consistent with the CBA and past practice, and there is no question that commissioner Tagliabue is fully qualified to hear these appeals.”
The league has until Friday at 5:00 p.m. CT to respond to the motions and the players will then have an opportunity to file a response before 12:00 p.m. CT on October 29. The hearings in front of Tagliabue for Smith (4-games), Vilma (entire season), Hargrove (8-games), and Fujita (4-games) are scheduled to be held on October 30.
