Goodell to Testify at Rice Appeal
WHITFIELD: Bleacher Report's Roshan Ali takes us through the case.</s>ROSHAN ALI, BLEACHER REPORT: Roger Goodell could be forced to reveal what he knew about the Ray Rice scandal and when he knew it. According to multiple reports, an arbitrator is telling the NFL commissioner he must testify next month when Ray Rice appeals his indefinite suspension. Both sides agreed to let former U.S. District Judge Barbara S. Jones hear the labor grievance hearing, which is not related to any criminal case. The NFL benched Rice after he knocked his then fiancee unconscious in an Atlantic City elevator back in February. Rice was originally suspended for two games, but his punishment was extended in September after a more detailed video was released showing Rice punching and dragging Janay Palmer. Goodell is expected to face questions about what they talked about when the two met over the summer. Rice's lawyers argued that NFL and the Ravens violated a collective bargaining agreement which prevents players from being punished twice for the same incident. Rice's appeal hearing is set for November 5th and 6th.</s>WHITFIELD: All right, thanks so much, Roshan Ali. I'm joined now by sports attorney, David Cornwell, and in New York by sports business analyst and former ESPN senior editor Keith Reed. All right. Glad both of you can be with me. David, to you first, you used to be an attorney for the NFL. This is very rare to see the commissioner testify in this matter. What does this mean big picture?</s>DAVID CORNWELL, SPORTS ATTORNEY: This means that we're going to get a window into the disciplinary process. We've never been able to see. I've been on both sides representing the commissioner and actually representing players asking that the commissioner be compelled to testify. We've never been able to see into the commissioner's mind regarding the disciplinary process. One thing with Roger -- Commissioner Goodell, he actually talks with a lot of people before he imposes discipline, but he's never had to testify.</s>WHITFIELD: So, in this case, he is -- he is going to have to answer what was the difference between the two-game suspension when you saw that the fiancee was being dragged out the elevator and all that changed to an indefinite suspension once the internal elevator tape was revealed. He is going to be pressed on how much -- you know, have you seen this before, what did you think preceded the young lady being dragged out of the elevator and how do you go from two-game suspension to indefinite suspension?</s>CORNWELL: Here's where lawyers become lawyers. A single question. What did you think happened when you imposed two games and what was different when you saw the video of the elevator? Now that single question will take four hours. They'll be asking that question from every angle because it really is what this is all about. Seeing this young lady, Janay, being pulled out of the elevator unconscious leaves anybody to conclude that something happened in that elevator that rendered her unconscious. Now that we see exactly what happened, why are you increasing the discipline?</s>WHITFIELD: So, Keith, what's also difficult here, perplexing maybe, to a lot of people is that punishment is really at the discretion of the commissioner. That is in the policy, so, if the commissioner says this is what I saw fit at the time, this is what I thought, you know, prior to the events of seeing the entire tape, so, you know, this is the way I see it and the policy supports my you know, discretion.</s>KEITH REED, SPORTS BUSINESS ANALYST: Sure. And I've said since the beginning of this whole matter that the real issue with all of this in the NFL is the fact that the commissioner is judge, jury and executioner. He answers to no one. He's not used to answering to anybody in terms of the disciplinary decisions that he hands down and this is an instance in which he's been criticized over and over and over again for how arbitrary his disciplinary decisions have seemed to be and it's coming back to bite him. So much of this is about how transparent the NFL is not. And so much of this is about how fair the process doesn't seem to be when Roger Goodell and Roger Goodell alone hands out punishments for things and does not explain those decisions. This is the first time he's ever going to be compelled to have to actually explain it and that's going to be as interesting as what happens to Ray Rice going forward.</s>WHITFIELD: So, David, is this a start of a transparency or is this just, you know, a blip on the screen, this is how it's being handled now but don't expect that every case from this point forward is going to be with this kind of transparency?</s>CORNWELL: So from our perspective, the media, you know, we look for one size-fits-all solutions. Roger's power, best interest of the game power, goes back to the 1920s and the Black Sox game. Every commissioner in sports has the best interest of the game authority, which is absolute. You don't have to answer to anybody. That's why you're the commissioner. That's not going to change. But what will change is the manner in which we deal with domestic violence. Perhaps the manner in which we review his decisions, but he will not nor should he give up his authority to act in the best interest of the game because that's why we have successful leagues in all of the sports, because of the commissioner's ability to lead based on his understanding of the best interest of the game. This is a private business. This is not Congress. This is -- we get to look at it like that, but it's a private business and he's responsible for leading it.</s>WHITFIELD: So, Keith --</s>WHITFIELD: OK, go ahead, Keith.</s>REED: You know, actually I got to challenge --</s>WHITFIELD: And I wonder if the goal here is for Ray Rice to be reinstated, is this the path in which, you know, he must go in order for that to happen and then go ahead, Keith, on your comments what David just said.</s>REED: Sure. To answer your question, yes, this is the path that's brought up. They have to go through this arbitration process, although there's a big question as to whether or not Ray Rice will play again even if he does get reinstated because getting reinstated doesn't mean any team has to sign you. What I wanted to challenge a little bit earlier was this idea that the NFL is strictly a private business and that the best thing for the league is Roger Goodell acting on his own.</s>WHITFIELD: OK.</s>REED: Listen, Roger Goodell acting on his own is the reason why we're here. Right?</s>WHITFIELD: All right.</s>REED: He acted on his own and he didn't necessarily act in the best interest of the league. He didn't necessarily do the thing that was right for everybody involved and he hasn't acted on domestic violence in the way that he should have acted going all the way back to Jovan Belcher, who killed somebody and then killed himself.</s>WHITFIELD: All right, Keith Reed --</s>REED: These teams get public subsidies and all kinds of things that you can't just look at them like they're a private business and we're totally hands off. That's a problem.</s>WHITFIELD: All right. We'll have to leave it right there. David, you got a quick comment on that?</s>CORNWELL: Look, you know, again, one size fits all. All of these circumstances are different. That's why we have commissioners with plenary authority to determine what's in the best interest of the league.</s>WHITFIELD: All right. David Cornwell, Keith Reed, thanks to both of you. Appreciate it. Wish I had an hour on this because boy, we've got lots to fill on that. All right. Thanks so much, gentlemen. I appreciate it.</s>REED: Thanks.</s>CORNWELL: Thank you.</s>WHITFIELD: All right. And new information on those injured in yesterday's school shooting. That school shooting rather in Washington state. Why did a popular freshman shoot his cousins and peers? Next.