07-24-2007, 04:42 PM
Says the NFL's official release on the matter: "Commissioner Goodell informed Vick that the review would be completed as soon as possible and that Vick’s full cooperation is expected."
Key words: "Vick's full cooperation is expected."
As a practical matter, Vick's full cooperation is unlikely.
We can see it now. Vick and lawyer Billy Martin travel to New York to be grilled by the Commish and one or more of the blue suits from Covington & Burling. With each question posed to Vick in an effort to determine whether he knew about or was involved in the barbaric activities that unfolded on his property, Martin will likely tell Vick not to answer, given that federal conspiracy charges are still pending.
Of course, if Vick answers the questions, then whoever it is from the league offices who hears what he says, and makes contemporaneous notes of it or (even better) records the audio or the video of Vick saying it will be subpoenaed to testify at the criminal trial. As we've previously noted, anything that Vick says can be used against him at trial. Though he's not required to testify at trial by virtue of the Fifth Amendment, no such protection applies to the investigation that his employer is conducting.
So his choices are simple -- talk to the NFL and risk giving the prosecutors more ammunition to use against him, or refuse to talk to the NFL and invite a suspension for failure to cooperate.
It's a great move by the NFL. It provides the Commish will independent grounds to act against Vick if he doesn't talk, and it aids the overall truth-seeking process if he does.
Our guess? Vick won't talk, even though the end result could be that the Falcons will have the ability to pursue more than $28 million in bonus money that already has been paid to him. Securing an acquittal is far more important that protecting the money, and talking to anyone about the situation will serve only to impair Vick's chances of beating this rap.
Key words: "Vick's full cooperation is expected."
As a practical matter, Vick's full cooperation is unlikely.
We can see it now. Vick and lawyer Billy Martin travel to New York to be grilled by the Commish and one or more of the blue suits from Covington & Burling. With each question posed to Vick in an effort to determine whether he knew about or was involved in the barbaric activities that unfolded on his property, Martin will likely tell Vick not to answer, given that federal conspiracy charges are still pending.
Of course, if Vick answers the questions, then whoever it is from the league offices who hears what he says, and makes contemporaneous notes of it or (even better) records the audio or the video of Vick saying it will be subpoenaed to testify at the criminal trial. As we've previously noted, anything that Vick says can be used against him at trial. Though he's not required to testify at trial by virtue of the Fifth Amendment, no such protection applies to the investigation that his employer is conducting.
So his choices are simple -- talk to the NFL and risk giving the prosecutors more ammunition to use against him, or refuse to talk to the NFL and invite a suspension for failure to cooperate.
It's a great move by the NFL. It provides the Commish will independent grounds to act against Vick if he doesn't talk, and it aids the overall truth-seeking process if he does.
Our guess? Vick won't talk, even though the end result could be that the Falcons will have the ability to pursue more than $28 million in bonus money that already has been paid to him. Securing an acquittal is far more important that protecting the money, and talking to anyone about the situation will serve only to impair Vick's chances of beating this rap.