Legal beagles use the terms "Letter of the law" and "spirit of the law".
According to the letter of the NFL substance abuse policy, Gordon failed his test. That's because the "A" sample; ie the bottle randomly tested first--is the test, and the level of the substance in the "B" sample is irrelevant.
In other words, if the lab had tested the other bottle first, Josh would have passed, see?
Gordon's lawyer will rightfully appeal to common sense, since this makes no sense at all. He'll also point out that the average of the two samples (below the threshhold) is much more reliable, and (as if one is needed) bring in an expert to confirm that this was almost certainly second-hand smoke.
I've already heard from some NFL spokesmen, and don't like what I hear. They're planning to stick to the letter of the law. "A player is responsible for what's in his body", blahblah blah and I don't care if it's senseless here it is in writing right here so you're screwed no matter what so there.
It's absolutely right to toss in the contrast between the Gordon suspension and Ray Rice's (two games), considering the severity of what they're accused of.
It's easy to crucify Ray Rice, but this was the first time he's ever been in trouble, and he's known as a first class person. I know he was dragging his unconscious fiance out of the elevator, and he did knock her out. You don't hit a woman even in self-defense--I need to tell a certain commentor who apparently wasn't raised right--
BUT he might have shoved her away, causing her to bang her head. That's only one of several ways I can think of that a person that much smaller than another person could have been kayoed accidentally.
Yeah, I know he's a Raven, but I can only use the comparison for the Gordon thing, and think this is the one time in Ray's whole life that he slipped. I agree with his wife.
Hell, people in my own family still refer to Ray Lewis as a murderer, when all he was was a material witness and never under suspicion. I know that Big Ben was a clown and a butthead, but am unconvinced that he ever raped anybody. The only thing I'm sure of is that a couple women made a lot of money.
Yeah, I guess you see my true colors. I hate lynch-mobs in general, and instinctively check them, regardless of who it is.
But now here we go: Those guys got what they got, and now OUR CLEVELAND BROWNS guy might get suspended for a year for walking through the wrong room or getting in the wrong car.
ARE YOU KIDDING?
This is one of the reasons our founders set up our legal system the way they did. A defendant opting for a jury trial gets to appeal to a jury's intelligence and common sense. Common sense has everything to do with the spirit, or intent of the law, and hanging judges don't.
It's too bad there's no jury in this case. It's too bad Josh is a Cleveland Brown.
At least Goodell must also be interested in making money, and not looking stupid or incompetent. Josh Gordon sells tickets, and to stick to the letter of the law would make him look assenine.
As Grossi said, Josh has a shot at coming down with this one too...despite being a Brown. Good luck, Kid!
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