Tagliabue overturns Goodell on Saints suspensions

NEW ORLEANS (AP) — Finding fault with nearly everyone tied to the New Orleans Saints' bounty case, from the coaches to Roger

Goodell, former NFL Commissioner Paul Tagliabue tossed out the suspensions of four players Tuesday and condemned the team

for obstructing the investigation.

In a surprising rejection of his successor's overreaching punishments, Tagliabue wrote that he would "now vacate all discipline

to be imposed upon" two current Saints, linebacker Jonathan Vilma and defensive end Will Smith, and two players no longer

with the club, Browns linebacker Scott Fujita and free-agent defensive lineman Anthony Hargrove.

Tagliabue essentially absolved Fujita, but did agree with Goodell's finding that the other three players "engaged in conduct

detrimental to the integrity of, and public confidence in, the game of professional football."

It was a ruling that allowed both sides to

claim victory more than nine months after the league first made "Saints


a household phrase: The NFL pointed to the determination that

Goodell's facts were right; the NFL Players Association issued

a statement noting that Tagliabue said "previously issued

discipline was inappropriate."

Vilma, suspended by Goodell for the entire current season, and Smith, suspended four games, have been playing for the Saints

while their appeals were pending. Fujita is on injured reserve; Hargrove is not with a team.

Tagliabue, appointed by Goodell to oversee a

second round of player appeals, criticized the Saints as an

organization that

fostered bad behavior and tried to impede the investigation into

what the NFL said was a performance pool designed to knock

targeted opponents out of games from 2009 to 2011, with thousands

of dollars in payouts.

A "culture" that promoted tough talk and

cash incentives for hits to injure opponents — one key example was

Vilma's offer

of $10,000 to any teammate who knocked Brett Favre out of the NFC

championship game at the end of the 2009 season — existed

in New Orleans, according to Tagliabue, who also wrote that

"Saints' coaches and managers led a deliberate, unprecedented

and effective effort to obstruct the NFL's investigation."

The former commissioner did not entirely exonerate the players, however.

He said Vilma and Smith participated in a performance pool that rewarded key plays — including hard tackles — while Hargrove,

following coaches' orders, helped to cover up the program when interviewed by NFL investigators in 2010.

"My affirmation of Commissioner Goodell's findings could certainly justify the issuance of fines," the ruling said. "However,

this entire case has been contaminated by the coaches and others in the Saints' organization."

Tagliabue said he decided, in this

particular case, that it was in the best interest of all parties

involved to eliminate

player punishment because of the enduring acrimony it has caused

between the league and the NFL Players Association. He added

that he hoped doing so would allow the NFL and union to move

forward collaboratively to the more important matters of enhancing

player safety.

"To be clear: this case should not be

considered a precedent for whether similar behavior in the future merits

player suspensions

or fines," his ruling said.

Tagliabue oversaw the second round of player appeals to the league in connection with the cash-for-hits program run by former

defensive coordinator Gregg Williams from 2009-2011. The players initially opposed his appointment.

Goodell had given Vilma a full-season suspension, while he gave Smith, Fujita and Hargrove shorter suspensions.

Tagliabue cleared Fujita of conduct detrimental to the league.

The former commissioner found Goodell's

actions historically disproportionate to past punishment to players for

similar behavior,

which had generally been reserved to fines, not suspensions. He

also stated that it was very difficult to determine whether

the pledges players made were genuine, or simply a motivational

ploy, particularly because Saints defenders never demonstrated

a pattern of dirty play on the field.

"The relationship of the discipline for the

off-field 'talk' and actual on-field conduct must be carefully

calibrated and

reasonably apportioned. This is a standard grounded in common

sense and fairness," Tagliabue wrote in his 22-page opinion.

"If one were to punish certain off-field talk in locker rooms,

meeting rooms, hotel rooms or elsewhere without applying a

rigorous standard that separated real threats or 'bounties' from

rhetoric and exaggeration, it would open a field of inquiry

that would lead nowhere."

Saints quarterback Drew Brees commented on

Twitter: "Congratulations to our players for having the suspensions

vacated. Unfortunately,

there are some things that can never be taken back."

The Saints opened the season 0-4 and are now 5-8 and virtually out of the playoffs after appearing the postseason the three

previous seasons, including the franchise's only Super Bowl title to conclude the 2009 season.

Shortly before the regular season, the initial suspensions were thrown out by an appeals panel created by the NFL's collective

bargaining agreement. Goodell then reissued them, with some changes, and now those have been dismissed.

Now, with the player suspensions overturned, the end could be near for a nearly 10-month dispute over how the NFL handled

an investigation that covered three seasons and gathered about 50,000 pages of documents.

"We respect Mr. Tagliabue's decision, which underscores the due process afforded players in NFL disciplinary matters," the

league said in a statement.

"The decisions have made clear that the

Saints operated a bounty program in violation of league rules for three

years, that

the program endangered player safety, and that the commissioner

has the authority under the (NFL's collective bargaining agreement)

to impose discipline for those actions as conduct detrimental to

the league. Strong action was taken in this matter to protect

player safety and ensure that bounties would be eliminated from


The players have challenged the NFL's handling of the entire process in federal court, but U.S District Judge Ginger Berrigan

had been waiting for the latest round of appeals to play out before deciding whether to get involved. The judge issued an

order Tuesday giving the NFLPA and Vilma until Wednesday to notify the court if they found Tagliabue's ruling acceptable.

Vilma also has filed a defamation lawsuit

against Goodell, which also is being handled by Berrigan. Vilma's

lawyers, Peter

Ginsberg and Duke Williams, said by email to The Associated Press

that they would "pursue the defamation action vigorously."

NFL investigators found that Vilma and Smith

were ringleaders of a cash-for-hits program that rewarded injurious

tackles labeled

as "cart-offs" and "knockouts." Witnesses including Williams also

said Vilma made a $10,000 pledge for anyone who knocked

then-Minnesota quarterback Brett Favre out of the 2010 NFC title

game. However, Tagliabue found it was not clear if the pledge

was genuine or simply a motivational prop.

"There is more than enough evidence to

support Commissioner Goodell's findings that Mr. Vilma offered such a

bounty" on Favre,

Tagliabue wrote. "I cannot, however, uphold a multi-game

suspension where there is no evidence that a player's speech prior

to a game was actually a factor causing misconduct on the playing

field and that such misconduct was severe enough in itself

to warrant a player suspension or a very substantial fine."

The NFL also concluded that Hargrove lied to

NFL investigators to help cover up the program. The players have from

the beginning

denied they ever took the field intending to injure opponents,

while Hargrove has said he never lied about a bounty program,

because there wasn't one.

Goodell suspended Williams indefinitely, while banning Saints head coach Sean Payton for a full season.

Tagliabue's ruling comes after a new round

of hearings that for the first time allowed Vilma's attorneys and the

NFLPA, which

represents the other three players, to cross-examine key NFL

witnesses. Those witnesses included Williams and former Saints

assistant Mike Cerullo, who was fired after the 2009 season and

whose email to the league, accusing the Saints of being "a

dirty organization," jump-started the probe.

"We believe that when a fair due process

takes place, a fair outcome is the result," the players' union said in a


"We are pleased that Paul Tagliabue, as the appointed hearings

officer, agreed with the NFL Players Association that previously

issued discipline was inappropriate in the matter of the alleged

New Orleans Saints bounty program.

"Vacating all discipline affirms the players' unwavering position that all allegations the League made about their alleged

'intent-to-injure' were utterly and completely false."

Smith said he was pleased that Tagliabue vacated his suspension.

"I continue to maintain that I did not

participate in a pay-to-injure program or facilitate any such program,"

he added. "I

appreciate that Mr. Tagliabue did not rush to judgment, taking

into consideration all facts presented to him, before ruling

— something that was clearly not done by Commissioner Goodell in

previous hearings."

A statement released by Vilma's lawyers on his behalf said the linebacker is "relieved and gratified that Jonathan no longer

needs to worry about facing an unjustified suspension.

"On the other hand, Commissioner Tagliabue's rationalization of Commissioner Goodell's actions does nothing to rectify the

harm done by the baseless allegations lodged against Jonathan. Jonathan has a right and every intention to pursue proving

what really occurred and we look forward to returning to a public forum where the true facts can see the light of day."