The NFL was hoping to close its Deshaun Watson investigation soon. That no longer seems possible.
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Just two weeks ago, NFL commissioner Roger Goodell declared that the leagueโs Deshaun Watson investigation was winding down.
The probe of allegations of varying degrees of sexual assault and misconduct was approaching its 15th month, the league had secured interviews with more than half of the women with civil lawsuits pending against Watson and investigators had questioned the Cleveland Browns quarterback for three days, concluding those meetings on a note that suggested a decision was close.
โI think weโre nearing the end of the investigative period,โ Goodell said May 24. โThen it will be handled by our disciplinary officer.โ
Since then: A "Real Sports" report featuring interviews with two of Watsonโs accusers, a fresh pair of lawsuits that brought Watsonโs total pending litigation to 24 cases and a New York Times report that comprehensively detailed claims of the quarterbackโs behavior, as well as allegations against those who may have enabled it.
Thatโs a lot of information in two weeks, even if itโs fair to assume the leagueโs investigators had already unearthed some of the allegations that the public is only now becoming familiar with. But it leads to fair questions, too.
Could Roger Goodell place Deshaun Watson on commissioner's exempt list?
If even a small amount of new information has been brought to the NFL's attention in these past two weeks, can it reasonably close the investigation when it appears the number of Watsonโs civil cases could feasibly continue to rise in the coming months? And if the league canโt reasonably conclude its probe, should Goodell utilize the commissionerโs exempt list, which is a more expansive tool than many have framed it?
For its part, the league isnโt commenting on the probe, except to say that it is ongoing. This has been the party line for the past 15 months.
As for the commissionerโs exempt list, the NFL isnโt saying anything at all. That can be absorbed two ways: Either the league is defaulting to what Goodell said on March 29 โ when he said Watson would not go on the exempt list โ or it means the league is keeping its options open as circumstances potentially change.
Hereโs what Goodell said about Watson and the exempt list in March:
โThe civil cases were in play over the last year,โ Goodell said. โThe only thing thatโs changed is the criminal element has been at least resolved, and that was an important element in the context of the commissionerโs exempt list as discussed with the Players Association. โฆ If the criminal [complaints] had proceeded, that more than likely would have triggered the commissioner exempt. I think at this point, the civil case in and of itself would not do that. If thereโs a violation of the personal conduct policy โฆ that more than likely [will] trigger some kind of discipline in some fashion.โ
In plain English for everyone to understand: Goodell is basing the exempt list โ which is basically a suspension with pay โ as a tool that would be used only if the season were starting and Watson were under a criminal investigation. Heโs apparently not counting, by his own words, the civil cases as triggering the exempt list as a necessity. Itโs notable that he also says โas discussed with the Players Association.โ
But hereโs precisely what the exempt list rule states in terms of when it can be applied:
โFirst, when a player is formally charged with a crime of violence, meaning that he is accused of having used physical force or a weapon to injure or threaten another person, of having engaged in a sexual assault by force or a sexual assault of a person who was incapable of giving consent, of having engaged in other conduct that poses a genuine danger to the safety or well-being of another person, or of having engaged in animal abuse. The formal charges may be in the form of an indictment by a grand jury, the filing of charges by a prosecutor, or an arraignment in a criminal court.
"Second, when an investigation leads the Commissioner to believe that a player may have violated this Policy by committing any of the conduct identified above, he may act where the circumstances and evidence warrant doing so. This decision will not reflect a finding of guilt or innocence and will not be guided by the same legal standards and considerations that would apply in a criminal trial.โ
Focus on the line โmay have violated this Policy by committing any of the conduct identified above."
Following that application and being guided by the interviews and evidence the league has attained, Goodell basically has a checklist of questions about what Watson โmayโ have done:
โMayโ he have used physical force or a weapon to injure or threaten another person?
โMayโ he have engaged in a sexual assault by force or a sexual assault of a person who was incapable of giving consent?
โMayโ he have engaged in other conduct that poses a genuine danger to the safety or well-being of another person?
If investigators determine that Watson โmayโ have violated any of those standards, Goodell has an argument for placing Watson on the commissionerโs exempt list. And the rule essentially proves that point with a follow-up declaration that is written in clear cover-your-ass legalese:
โThis decision will not reflect a finding of guilt or innocence and will not be guided by the same legal standards and considerations that would apply in a criminal trial.โ
Of course, all of this could be also be a moot point.
Latest revelations might not be new to NFL
It stands to reason that a multibillion dollar corporation such as the NFL has the money and the investigative expertise to have already procured everything and more that was published in The New York Times on Tuesday. It also stands to reason that same NFL probe could have already secured interviews with the two accusers who appeared on "Real Sports," as well as the two women who filed the 23rd and 24th lawsuits. Not to mention the league could've received copies of all of Watsonโs completed depositions, portions of which have now been leaked to a handful of news organizations.
If the league already has those things in hand, then Goodellโs sentiment about the commissionerโs exempt list and Watsonโs future remain sound. But only because the league knows everything thatโs out in the public space and much more from its own proprietary work.
If it does, then the investigation moves into its final phase and judgement is rendered on whether or not Watson violated the leagueโs personal conduct policy.
If the NFL has been caught by surprise in the past two weeks, if there are elements in the lawsuits or reports that is new information, a speedy decision on Watsonโs NFL future will mirror the quarterbackโs legal future.
More complicated by the week.