Three aspects of law are involved in the Deshaun Watson case. The criminal process is the first. The civil justice system is second. The third is the NFL's internal disciplinary process.
Two pieces remain after the criminal case is closed. They are also inherently different, as Tony Buzbee explained to PFT early Friday.
Buzbee stated that "it was reported recently that none of five NFL cases involved violence, coercion, or force." It's not clear how this is surprising. This type of conduct was only alleged in two civil cases. Watson settled the case with both of those women. Watson did not speak to the NFL. Most civil cases that we filed alleged indecent exposure or assault, which is touching without consent. Although we are not privy to the NFL's presentation at this point, we anticipate that we will soon be. As I have said many times, the NFL's actions or inactions do not affect the civil cases against Watson or the additional cases against the Texans.
This distinction is crucial. It is a different matter whether the civil rights of the remaining plaintiffs were infringed by the various civil laws. Watson's personal conduct policy is not relevant.
Buzbee's comments also revealed that Watson's claims of violence, coercion or force, while potentially more serious, didn't make it onto the NFL's radar screen. This is likely because Watson's women refused to cooperate. The settlements involving their cases, which include confidentiality language that would only compel compliance with a formal subpoena and other related terms, will not be part of the NFL’s case.
It is crucial to fully understand and for Judge Sue L. Robinson, to explain the facts presented to her, as well as the conclusions she has made in her written ruling. What do you believe she saw? What witnesses does she believe in? Are there any credibility issues with the witnesses, in terms of the substance of their statements (for example, inconsistencies in stories or their demeanor when testifying)?
Buzbee's claim of "indecent expose and assault" is also grounds for a narrow pathway to punishment. Will Judge Robinson consider Watson's misbehavior in massage sessions a violation the Personal Conduct Policy? Especially if he continues with his blanket denial that he has never harassed, disrespected, or assaulted any woman?
However, the outcomes of criminal court (to-date, no charges), civil courts (20 cases settled and four pending), or NFL court (for want of a better term), can be very different. Civil cases will continue to linger, barring any settlement. The NFL's case is over sooner than expected.
