Spector

I am not a big Arlen Specter fan, but for completely different reasons. That said, with the sorry state of our country today, I can completely understand why many would wonder why in the hell Congress should spend its time looking into Spygate. In my mind, it all comes down to the antitrust exemption which the NFL enjoys.

Basically, the NFL is a multi-billion dollar industry that does not have to play by the same rules as other multi-billion dollar industries. Just ask AT&T how the whole dismantling thing worked out for them (hint: they had it much nicer before). There’s a tendency to think of sports as a fun diversion, but something that perhaps shouldn’t be taken too seriously. But the reality is that we are talking about huge amounts of money and thousands of jobs. If it is appropriate for Congress to regulate and investigate other industries (i.e. telecommunications, investment, energy), then why not sports? Just because they’re sports?

In this specific case, I don’t think it matters much that Goodell announced he is satisfied with the earlier punishment doled out to the Patriots. He is the head of his industry, and is trying to protect his industry’s image. But if wrongdoing has occurred (as we know it has), the consumers of his product have a right to know the extent of it and exactly what happened. Just as the consumers of Enron’s energy had a right to know what happened, for example. I’m sure that Kenneth Lay of Enron issued many “everything’s fine, nothing to see here” statements when his company was going under. Doing things like destroying the initial tapes before they could be subjected to public scrutiny does not shine a very favorable light on Goodell’s reaction to the first major crisis of his administration.

Many of us are not satisfied with the way the case has been handled, and still have questions. Even if Goodell is correct in saying that the previous punishment will suffice, there is a “something not quite right here” pall cast on this entire episode that I argue is of Goodell’s own making. At the very least, the punishment does not seem to fit the crime within the parameters that Goodell himself has established. When Wade Wilson - an assistant coach - can be suspended for 5 games for receiving a shipment of HGH, one might rightly wonder how Belichick escaped with a comparative slap on the wrist. Yes, Belichick had to cough up a lot more money (assuming the team doesn’t pick up the tab for him in one way or another) and the Pats lost a draft pick. But another coach was suspended for nearly a third of a season for a lesser offense, and one that did not have any direct link to the product on the field. Many of us smell a rat. If there is no rat, then Goodell has done himself and his league a disservice by being so obtuse.

Ultimately, if Goodell had been forthcoming from the beginning and run a reasonably transparent investigation, neither Congress nor NFL fans would have a reason to call foul. He did not. It is Congress’ responsibility to regulate this multi-billion dollar industry, especially because of the NFL’s favored legal status.

This is not a Patriots-bashing issue. It is not a Colts vs. Patriots issue. It is an issue that gets to the heart of the integrity of the competition in a favored industry. Congress should pressure the NFL, and Goodell should accept the growing calls for accountability and transparency.