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Trump Says 52 'Iranian Sites' To Be Hit Should Tehran Take Action
WASHINGTON -- U.S. President Donald Trump says Washington has identified 52 "Iranian sites" that will be hit "very fast and very hard" should Tehran strike any American target, while the early stir
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New on Sports Illustrated: Barcelona Draws at Last-Place Espanyol in Catalan Derby
Wu Lei scored late to give Espanyol a 2-2 draw against 10-man Barcelona in Saturday’s Catalan capital derby between the best and worst teams in the Spanish league.
BARCELONA, Spain — China forward Wu Lei scored late to give Espanyol a 2-2 draw against 10-man Barcelona in Saturday’s Catalan capital derby between the best and worst teams in the Spanish league.
Barcelona’s third draw in four rounds left it level on points midway through the season with second-place Real Madrid, which beat Getafe 3-0 hours before. Barcelona kept the league lead on goal difference - and Espanyol remained last - after 19 of 38 games.
The Spanish league said Wu is the first Chinese player to score against Barcelona. The substitute got the equalizer for Espanyol with two minutes remaining after Luis Suárez had played a key role in putting Barcelona 2-1 ahead. Espanyol was helped when Barcelona midfielder Frenkie de Jong was sent off for a second yellow card with 15 minutes remaining.
“The hardest thing to do is to turn a game around when playing on the road,” Suárez said. “I leave feeling we let these points slip away. Of course, when a rival plays with an extra man, it gets a boost. But that can’t be an excuse.”
Suárez canceled out David López’s first-half goal by scoring in the 50th with a precise touch of the tip of his right boot to steer Jordi Alba's lobbed pass between goalkeeper Diego López and his near post.
Suárez’s assist for substitute Arturo Vidal to give Barcelona the lead nine minutes later was just as impressive. Suárez first dribbled around a defender before using the outside of his right boot to flip a pass across the box for Vidal to head home.
Barcelona was heading for a comeback win until Wu broke free down the right side of the area to receive a pass from Matías Vargas and drove an angled shot past goalkeeper Neto.
The gutsy performance by Espanyol came in the debut of coach Espanyol coach Abelardo Fernández, a former Barcelona defender, who became the club’s third coach of the season last week during the league’s winter break.
Espanyol remained winless in 10 home league matches this season, but its players and fans treated the draw as a great victory over its fiercest rival.
“(It's) a turning point for these players who have suffered so much,” Abelardo said. “They gave it their all against a great team. The expulsion of De Jong helped us, but my team was never out of the match and deserved the point. If we compete like this, we will be hard to beat.”
Abelardo has a reputation for taking over troubled teams without star talent and making them competitive from his previous stints at Sporting Gijón and Alavés.
Neto made his second start of the season for Barcelona in place of injured goalkeeper Marc-Andre ter Stegen, who is expected to be sidelined for around a week with a tendon problem.
Neto could do nothing to stop David López from putting the hosts in front in the 23rd when he sent a glancing header of Marc Roca’s free kick just inside the far post.
Barcelona didn’t threaten to score until just before halftime, when Suárez hit the goalframe.
Suárez pulled the visitors level with his 11th league goal this season when he was left unmarked in Espanyol’s only mistake of the match.
Vidal, sent on at halftime by coach Ernesto Valverde, scored his sixth goal for Barcelona - most as a substitute - this season.
Suárez went close to scoring after Lionel Messi coasted past four defenders before setting him up, only for Diego López to save the Uruguayan's shot in the 65th.
Barcelona, Madrid, Atlético and Valencia will travel to Saudi Arabia to contest the new-look Spanish Super Cup next week.
January 05, 2020 at 06:30AM
Barcelona Draws at Last-Place Espanyol in Catalan Derby
Your Daily Horoscope for Sunday, January 5
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New on Sports Illustrated: Azubuike Leads No. 3 Kansas in Win Over No. 16 West Virginia
Udoka Azubuike had 17 points and 11 rebounds as third-ranked Kansas rallied to beat No. 16 West Virginia 60-53 in its Big 12 opener Saturday.
LAWRENCE, Kan. — Udoka Azubuike had 17 points and 11 rebounds, Devon Dotson and Marcus Garrett made crucial plays down the stretch, and third-ranked Kansas rallied to beat No. 16 West Virginia 60-53 in its Big 12 opener Saturday.
Dotson added 16 points and Garrett finished with 12 points and six assists for the Jayhawks (11-2), who won their 28th straight conference opener by overcoming a sluggish first half. Kansas trailed by as many as 10 before leaning on defense and dunks to beat the Mountaineers (11-2) for the seventh time in their last eight meetings.
Oscar Tshiebwe had 17 points and 17 rebounds for West Virginia, though almost all his production came during a big first half. Fellow freshman Miles McBride added 13 points, most of that coming as the Mountaineers tried to close the gap in the final minutes of their eighth consecutive loss in Allen Fieldhouse.
Kansas won despite shooting 3 of 17 from beyond the arc - mostly because West Virginia wasn't any better. The Big 12's best defensive team couldn't solve the Jayhawks' own defense in the second half, when the Mountaineers shot 28 percent from the field and missed all of their 3-point attempts.
It was a much different story from the first half, when Kansas was fortunate to trail 30-24 in the locker room.
It wasn't that West Virginia dominated the game. It was that Tshiebwe dominated it.
The bruising McDonald's All-American was 6 of 8 from the field, scored 15 points and pulled down 10 rebounds, all while flexing and strutting to the jeering of a sold-out field house. On the defensive end, the 260-pound freshman proved to be one of the few players in the Big 12 who could match the Jayhawks' own big man with brute strength.
Azubuike had 10 points and seven rebounds, but he wasn't the game-changer the Jayhawks have come to expect.
Those roles reversed early in the second half, though, when Tshiebwe suddenly looked like a first-year player. He committed a foul when Azubuike slammed an ally-oop dunk - and completed the and-one - and committed another foul on the next possession, when freshman guard Christian Braun finished over Tshiebwe for another three-point play.
Azubuike slammed a second alley-oop over Tshiebwe to cap an 8-0 run later in the half, giving the Jayhawks a 45-38 lead and sending a once-subdued crowd packed inside the Phog into a frenzy. Then, the senior center did it a third time to give Kansas a 49-42 lead as the game approached the final media timeout.
The Mountaineers got within 52-49 on a jumper by Taz Sherman with 1 1/2 left, but Garrett answered with a scooping layup. And when McBride made two foul shots for West Virginia, the junior guard added two of his own.
Dotson took care of the rest with a series of foul shots that put the game away.
BIG PICTURE
West Virginia's only other loss this season came St. John's in early December, so coach Bob Huggins' team came into Lawrence with a bunch of momentum. And while the Mountaineers carried that through a bruising first half, they seemed to wilt the minute they emerged from the locker room for the final 20 minutes.
Kansas has won high-scoring affairs this season, but this time the Jayhawks proved they could win a game that had all the finesse of a couple dump trucks playing bumper cars. They forced West Virginia into 16 turnovers while allowing just seven assists, but they also gave up 15 second-chance points while getting just four themselves.
UP NEXT
West Virginia makes another long trip to Oklahoma State on Monday night.
Kansas heads to Hilton Coliseum to face Iowa State on Wednesday night.
January 05, 2020 at 05:18AM
Azubuike Leads No. 3 Kansas in Win Over No. 16 West Virginia
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New on Sports Illustrated: Florida Prosecutors Seek to Restart Robert Kraft's Prostitution Case
The offices of the Florida Attorney General and Solicitor General have petitioned the appellate court to reverse Judge Hanser’s suppression order from last May.
Robert Kraft is many things. Father. Billionaire. Owner of the New England Patriots, New England Revolution and the esports franchise Boston Uprising. Trustee for the Dana-Farber Cancer Institute. He's a 78-year-old resident of Massachusetts. An alumnus of Harvard Business School and Columbia University.
According to prosecutors in Florida, “felon” should be added to the list.
This assertion is raised in a brief recently filed by Florida Attorney General Ashley Moody, Florida Solicitor General Amit Agarwal and Deputy Solicitor General Jeffrey Paul DeSousa to the Fourth District Court of Appeal of Florida.
The state’s appeal concerns a ruling last May by Judge Leonard Hanser of the Palm Beach County Court. Judge Hanser effectively gutted the solicitation case against Kraft by suppressing video and other evidence obtained pursuant to a so-called “sneak-and-peek” search warrant. Such a warrant contemplates law enforcement entry into a private home or place of business without the owner’s consent or knowledge. In this instance, a state magistrate judge had approved a sneak-and-peek warrant related to Kraft. It authorized local police to enter the Orchids of Asia Day Spa in Jupiter under false pretenses and then install hidden cameras in different rooms. Orchids of Asia Day was one of 10 spas targeted in a state investigation into prostitution and related crimes.
Without admissible video evidence, the case against Kraft likely collapses. This is particularly true if witnesses are unavailable, unable or unwilling to offer testimony that would convince a jury beyond a reasonable doubt that solicitation occurred.
Revisiting the case against Kraft
As much discussed by national media last spring, law enforcement investigated Kraft’s conduct in and around the spa on Jan. 19 and Jan. 20, 2018. Police officers learned that scores of men, including Kraft, had used the spa not for lawful massages but instead for illicit sexual services. This knowledge was obtained through searches of nearby dumpsters, visual observation of men entering the spa and witness interviews. Initially, prosecutors contended that the prostitution activities were part of a larger human trafficking operation. They later backed off that assertion when the evidence didn’t support it.
The case against Kraft, as noted above, hinges on the admissibility of video evidence. There is controversy as to how the video evidence was produced. Police officers created a ruse—a fake bomb threat—to evacuate the spa’s employees. Officers then installed five hidden cameras, four of which were placed in massage rooms. The cameras ran continuously for five straight days, including on Jan. 19 and Jan. 20. Sound wasn’t recorded but imagery was captured.
Police narratives indicate that Kraft is shown entering the spa, paying cash to a woman who worked at the front desk, walking into a spa room, disrobing, hugging a woman and then laying on the massage table. Sexual acts then occurred, followed by Kraft putting his clothes back on, handing $100 in cash to a woman, leaving the spa and, lastly, walking towards an adjacent parking lot. Kraft then entered the passenger side of a parked Bentley. The car and its driver had been waiting for him.
Kraft was charged with two counts of first-degree misdemeanor solicitation in violation of Florida Statute 796.07. This statute prohibits prostitution and related acts. Possible penalties include a one-year jail sentence. Defendants usually reach plea deals in which, in lieu of serving jail time, they simply pay a fine, agree to perform community service and complete an education course. Kraft refused to take a plea deal along these lines. That decision proved wise when Judge Hanser suppressed the evidence.
While Kraft has thus far won the litigation, he has not disputed the prosecution’s basic retelling of events—namely, that he paid for sexual acts. Kraft publicly apologized last March for disappointing his family, friends and fans. Although Kraft neither admitted to committing a criminal act nor explicitly referenced prostitution, his statement made clear that he regrets his actions.
Even if one believes that prostitution ought to be legal or doesn’t regard prostitution as a “big deal," the fact is, prostitution is illegal in Florida and in 48 other states (Nevada licenses brothels in a regulated and limited framework). Prostitution is also associated with the degradation and mistreatment of women.
Kraft wins motion to suppress evidence
While Kraft has acknowledged a lapse in moral judgment, both Kraft’s attorneys and Judge Hanser maintain that law enforcement fumbled in a more consequential way. As mentioned above, the hidden cameras ran continuously for five days. You don’t need to be an attorney to feel concerned about that type of invasive and boundless investigative technique—particularly in rooms in which people take off their clothing.
As Americans, we have a Fourth Amendment right against unreasonable searches. A hidden recording by law enforcement is a type of search. The government must have probable cause that a person is partaking in a crime in order to secure a search warrant. A judge (typically a magistrate judge) who reviews a prospective warrant will also weigh the privacy interests of the targeted person or persons .
Judge Hanser identified two core problems with the spa investigation and its accompanying search warrant.
First, spa customers are owed a heightened expectation of privacy because of the nature of spa services. Customers typically remove all or most of their clothing in a private room. Another person (the masseuse or masseur) then touches their body. It’s true that Orchids of Asia Day is located in an ordinary shopping plaza and it’s true that people who enter most stores found in an ordinary shopping plaza would not expect much privacy—think of when you enter a restaurant or a coffee shop, you recognize you are in a public setting and that security cameras may be watching you. A spa, Judge Hanser reasoned, is qualitatively different, especially with respect to private massage rooms. While time spent in a spa commands a lower degree of privacy than citizens expect in their homes, Judge Hanser acknowledged, it still requires more privacy than found in other types of stores.
Second, Judge Hanser concluded that the hidden cameras should not have run continuously. The government is obligated to ensure “minimization” in its surveillance of citizens. Minimization generally requires that law enforcement turn off cameras when it is clear that only lawful activities are being filmed. Likewise, filming is generally supposed to stop when the subjects on video are law-abiding people who are unrelated to the search. To the extent unlawful recordings are produced, they should be deleted as soon as possible.
No such minimization occurred with the surveillance at Orchids of Asia Day. The recordings didn’t stop and start—the cameras kept running. As a result, women and men customers who received lawful massages were recorded with their clothes off. Those recordings weren’t deleted, at least not initially. They instead became police records and took the form of digital files on government servers.
Unpacking the state’s appeal—and the threat of charging Kraft with a felony
The offices of the Florida Attorney General and Solicitor General have petitioned the appellate court to reverse Judge Hanser’s suppression order.
A core theme in the state’s appeal is the assertion that Judge Hanser misunderstood or misapplied the law. The state maintains that the judge held the government to a higher standard than is consistent with U.S. Supreme Court precedent and other case law. To that end, the state stresses that the obligation of law enforcement to minimize is not absolute. It is, the state maintains, contextual. As noted in the state’s brief, the U.S. Supreme Court has upheld the lawfulness of search warrants where as many as 60% of the recordings were non-pertinent to a search warrant. Here, the state maintains that only about 10% of the recordings of the Orchid Day Spa were non-pertinent to the warrant.
The state furthers emphasizes that police are not obligated to utilize “perfect foresight” when executing a search warrant. This point is designed to frame law enforcement’s requirement to minimize as one that ought to be judged not in hindsight but rather based on what law enforcement knew, or should have known, at the time. To that end, the appeal contends that law enforcement “reasonably believed that virtually all of the conduct occurring there was criminal, since all four of the patrons they stopped leaving the spa confessed to paying for prostitution. So far as detectives were aware, this spa was a place that people went to pay for sex, not for lawful massages.”
The appeal also addresses the secret recording of women customers who received massages, including while they were mostly undressed. The state insists that Kraft and his attorneys have invented a legal requirement that doesn’t exist: That the police can only lawfully film massages of men.
On the contrary, the state maintains, law enforcement officers were permitted to assume that women may have also received prostitution services while in the spa. “Law-enforcement officers,” the appeal stresses, “were not bound to adopt a conclusive presumption that only male clients procure illicit prostitution services during the ‘early stages’ of their surveillance operation—i.e. before the video evidence established a firm evidentiary basis for subjecting men and women to different surveillance regimes.”
Furthermore, the state argues that even if customers’ constitutional rights were violated, the videos of Kraft should not have been suppressed. The state pleads that the police were acting in good faith and that Florida law recognizes a good-faith exception for search warrants. The state also asserts that to the extent there ought to be suppression of videos, the only persons who should raise such a claim are customers who acted lawfully—not Kraft and other men who allegedly visited the spa for sexual services. To that point, the state maintains that Kraft lacks standing (a legitimate legal interest in a particular dispute) to argue the points he has raised. To hold otherwise, the state warns, would provide Kraft with an unearned “windfall.”
For Kraft, the most disturbing passage contained in the state’s appeal surfaces when prosecutors claim that Kraft is guilty of a felony under Florida Statute 796.07. Although this statute mainly contemplates solicitation as a misdemeanor, it does permit the charging of a third-degree felony for a second violation of the statute. Under Florida law, a conviction of a third-degree felony can lead to a prison sentence of up to five years. The state reads the statute to maintain that “any person who purchased prostitution services on multiple days, as Mr. Kraft did, committed a felony.”).
An alternative reading of the statute, however, would be that a “second violation” contemplates multiple prosecutions—that is, a conviction for a first set of solicitation charges and then a second case and conviction. That latter interpretation would not allow for Kraft to be charged with a felony.
Along those lines, Kraft’s attorneys dispute each and every one of the state’s legal arguments. They contend, as discussed more fully above, that the police engaged in creepy, voyeuristic and ultimately illegal film sessions of naked people. His attorneys also insist that the state has exaggerated the importance of the investigation to distract from a flawed and aggrandized assumption of human trafficking and because they happened to have caught a high-profile person in Kraft.
Next steps in the appeal
The appeal will play out over the course of 2020. According to court procedures, a panel of three judges will consider the appeal about two or three months following the filing of the last brief or response in the appeal. The appellate panel has the discretion to grant a request for an oral argument and schedule it (according to the court docket, the state on Dec. 23 requested an oral argument). In an oral argument, attorneys for the state and Kraft would face each other. Several weeks, or possibly months, later the appellate panel would issue an opinion.
Kraft is advantaged by the fact that Judge Hanser’s opinion was not only in his favor but was well-reasoned. However, an appellate court has wide discretion. It’s possible Judge Hanser’s suppression order will be reversed and vacated, which would effectively re-start the case.
The implied threat by the state that, should Judge Hanser’s suppression order be reversed, Kraft could be charged with a felony (based on the debatable interpretation of Florida Statute 796.07 discussed above) seems unlikely to happen. To elevate a charge without a change in the underlying facts or evidence would be a departure from ordinary practice.
A court might object, too. After all, if the state thought Kraft had committed a felony, why wasn’t he charged with a felony in the first place? Nothing substantial has changed since then and now, other than Kraft thus far defeating the state in court. Furthermore, the other men caught in the prostitution ring who were first-time offenders were only charged with misdemeanors. To charge Kraft with a felony for the same basic misdeed would raise questions about whether he is the target of prosecutorial abuse—perhaps because he is wealthy, famous, from a different part of the country and has refused to play ball with prosecutors. His attorneys, which include the high-profile legal team of Jack Goldberger, William Burck and Alex Spiro, would not be intimidated.
If Judge Hanser’s order is reversed, it’s far more likely that the misdemeanor prosecution would simply resume and that Kraft would eventually accept a plea deal in which he pays a fine, performs community service and attends an educational course. It is very unlikely Kraft that would want to go to trial, as it would center on intimate and embarrassing matters. It is also nearly implausible to believe that there are circumstances in which Kraft would be sentenced to jail for his alleged acts.
Roger Goodell is watching
NFL commissioner Roger Goodell and other league officials are surely monitoring developments in Florida. The league has not taken any action against Kraft, most likely because the litigation is unresolved. If Kraft wins the appeal and the case is dismissed, Goodell might not punish Kraft. Alternatively, Goodell might still impose a punishment based on Kraft’s admission to a lapse in judgment. A punishment in that scenario would probably be light, such as a fine and an expectation that Kraft donates to a charity related to victims of sexual exploitation.
If Kraft loses the appeal, the case will resume. It would most likely end in a plea deal where Kraft pays a court fine and performs community service. In that scenario, Goodell might be more inclined to suspend Kraft. Six years ago, Goodell suspended Indianapolis Colts owner Jim Irsay for six games and fined him $500,000 after Irsay pleaded guilty to a misdemeanor charge for operating a vehicle while under the influence.
A suspension of an owner is, obviously, more of a symbolic and shaming gesture than a transaction that impacts the team. Still, Kraft, who was a passionate Patriots fan long before he became their owner and who is often shown on TV broadcasts of Patriots games, would be unable to attend games. A suspension from his team would certainly disappoint and embarrass him.
The resolution of the controversy could impact Kraft’s possible admission into the Pro Football Hall of Fame. Kraft was not selected as a finalist for the 2020 class despite, as NBC Sports’ Tom Curran detailed, a change in eligibility rules that made Kraft’s admission more possible. Between football success—the Patriots have been the most dominant team in the 21st century, during which they have won six Super Bowls—and Kraft’s contributions to the league as chairman of key committees, he has a good chance to make the Hall. However, his legal troubles in Florida, as well as controversies involving his team (particularly Spygate), could stand in the way.
Michael McCann is SI’s Legal Analyst. He is also an attorney and Director of the Sports and Entertainment Law Institute at the University of New Hampshire Franklin Pierce School of Law.
January 04, 2020 at 06:00AM
Florida Prosecutors Seek to Restart Robert Kraft's Prostitution Case
New on Sports Illustrated: Wild Card NFL DFS - Do You Know 'Smokey' Brown?
Book It: John Brown is a top AMBUSH NFL DFS play from FullTime Fantasy!
(Editor's note: This is a preview of Steve Renner's weekly DFS article from FullTime DFS.)
There are two ways I see the Bills going into Houston and beating the Texans:
One is obvious through their defense being the strength against a Texans team that allows a high number of sacks. Or two, if someone is going off and is a must-play at his price, it’s John "Smokey" Brown.
Devin Singletary is bad chalk in my mind and the passing game is going to be Brown and Cole Beasley, with Brown’s big-play ability being something that can really set the slate off around his 20-30% ownership. The Texans secondary is vulnerable and on a good playing surface I can see Brown going well over 100 yards receiving with two touchdowns as he has been a big-play guy for the Bills all season and in particular on the road.
AMBUSH PLAY: John Brown & the Bills Defense
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Subscribe now with promo code AMBUSH25 for 25% off your NFL DFS membership
January 04, 2020 at 05:57AM
Wild Card NFL DFS - Do You Know 'Smokey' Brown?
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New on Sports Illustrated: Report: Mets' Yoenis Cespedes Suffered Ankle Fractures After Incident With Wild Boar
New details emerged Friday of how Mets outfielder Yoenis Cespedes suffered multiple right ankle fractures.
In May, the Mets announced that outfielder Yoenis Cespedes suffered right ankle fractures in a "violent fall" on his ranch in Port St. Lucie, Fl. New details reported by the New York Post, however, say that Cespedes was injured on his ranch stepping into a hole after an interaction with a wild boar.
According to the Post, Cespedes keeps traps on his ranch to keep boar away, but one boar was removed from a trap and "either charged toward Cespedes or startled him, causing Cespedes to step into a hole." Cespedes reportedly told the team immediately of the injury, noting that he was trying to sidestep the animal.
At the time of the incident, he was already on the injured list recovering from surgeries on both feet that took place in 2018.
The Post notes that the Mets, at one point this season, were attempting to withhold Cespedes’s 2019 pay and were considering an attempt to make the remainder of his pact a non-guaranteed contract. But in late December, the outfielder's base salary for next year was cut to $6 million from its original $29.5 million as part of an amended contract with the team that avoided a grievance hearing, according to The Associated Press.
His salary rises to $11 million if he makes the Opening Day roster and his pay would rise again to $20 million if he has 650 plate appearances, among other incentives.
Cespedes agreed to a four-year, $110 million contract in Dec. 2016. But since signing that deal, he's played in only 119 games with 81 of those coming in 2017.
The Mets went 86-76 last season, finishing third in the NL East.
January 04, 2020 at 05:39AM
Report: Mets' Yoenis Cespedes Suffered Ankle Fractures After Incident With Wild Boar
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New on Sports Illustrated: Breaking Down Domingo Germán's 81-Game Suspension for Domestic Violence
Yankees pitcher Domingo Germán will miss the first 63 games of the 2020 season for violating MLB's domestic violence policy.
Major League Baseball commissioner Rob Manfred on Thursday suspended New York Yankees starting pitcher Domingo Germán 81 games for violating the Joint Domestic Violence, Sexual Assault and Child Abuse Policy. Germán’s suspension is the fourth longest in MLB history for domestic violence. Only José Torres (100 games) Odúbel Herrera (85 games) and Héctor Olivera (82 games)—all of whom, unlike Germán, were charged with crimes—received lengthier suspensions.
Germán, 27, will be eligible to return to the Yankees after only 63 games in the 2020 regular season. The 18-game discrepancy between that and the 81-game penalty reflects the fact that Germán earned the baseball equivalent of “time served” during the 2019 regular season and playoffs. MLB placed him on administrative (paid) leave on Sept. 19, causing him to miss the final nine games of the regular season and the Yankees’ nine postseason games. Pursuant to the joint policy, administrative leave placement ensures that a player who is accused of serious misconduct is separated from his team while MLB investigates. At the same time, placement doesn’t represent a finding by MLB that the player is guilty—a point consistent with the fact that the player continues to be paid his salary. Now that Germán has been suspended, he will need to repay the Yankees the salary he earned while he was on administrative leave.
The incident which led to Germán’s punishment remains undisclosed by all relevant parties, including MLB, the Yankees and Germán himself. There are uncorroborated reports that he hit or slapped his girlfriend in a public setting in Yonkers, New York, an alleged incident that occurred after Germán attended a charity gala hosted by his teammate, CC Sabathia. There is speculation that an MLB official witnessed the incident, but there is no indication that a police report was filed or that law enforcement formally investigated.
The lack of an accompanying criminal investigation placed no constraint on Manfred’s authority. The policy supplies him with considerable latitude to determine whether a player engaged in domestic violence. Domestic violence is an expansively defined term and can constitute physical violence, stalking or threats. To that end, the policy defines domestic violence as inclusive of “physical or sexual violence, emotional and/or psychological intimidation, verbal violence, stalking, economic control, harassment, physical intimidation, or injury.” The policy also authorizes a suspension for a single, one-time incident of abusive behavior. Furthermore, Manfred, as commissioner, has total discretion to determine an appropriate suspension—there are no limits or even recommended figures.
Germán has a collectively bargained right to appeal the suspension. An appeal would be heard by a three-person arbitration panel. MLB and MLBPA would each select one panelist. The league and union would then jointly select the third panelist. The panel would assess if Manfred possessed “just cause”—meaning sufficient certainty in light of known facts, witness statements and available precedent—to (1) conclude that Germán violated the policy and (2) decide that Germán deserved a suspension for as long as 81 games.
Interestingly, Germán will not appeal the suspension. As part of his acceptance of responsibility, Germán has also agreed to undergo counseling and make a donation to Sanctuary for Families, a New York City-based non-profit organization dedicated to aiding victims of domestic violence.
Why would Germán not appeal? There are several possible reasons.
First, Germán might genuinely acknowledge that he violated the policy. He might also regard the 81-game suspension as appropriate for his transgression. Germán agreeing to both undergo counseling and make a donation to a charity for domestic violence victims are suggestive of a desire on his part to become a better person and partner.
A second possibility would be more transactional: the 81 games could reflect a negotiated number between Germán (and family), his representatives, MLBPA and MLB. MLB might have threatened to impose a lengthier suspension if Germán had refused to accept responsibility and, essentially, plead guilty. Under the policy, Manfred had all the discretion and thus all the leverage. It was his, and only his, choice whether to suspend Germán and if so, for how long. The fact that Germán was neither charged with a crime (let alone convicted of one) nor sued are as meaningful or as irrelevant as Manfred sees fit. Germán also knew that Manfred hasn’t hesitated to impose very long suspensions for domestic violence. All of those factors placed Germán in a disadvantageous position to threaten an appeal.
Third, it’s possible that MLB has agreed to keep confidential its investigative findings—which likely include interviews with Germán, his girlfriend and other witnesses—so long as Germán agreed to accept responsibility. This lack of public disclosure is potentially beneficial to Germán and his girlfriend on at least a few levels.
Perhaps most importantly, and as astutely observed by Lindsey Adler of The Athletic, victims of domestic violence have reasons to seek confidentiality and privacy. “Consider how you'd feel if you were a victim,” Adler notes on Twitter, “and your story was made public because of some expectation of obligation.”
In addition, public disclosure of the incident’s details could attract the attention of law enforcement, motivate them to investigate and, potentially, charge Germán with crimes. Also, the public becoming aware of the incident’s details would likely damage Germán’s reputation with fans and sponsors, and also with (to the extent they aren’t aware of what took place) his teammates and coaches.
The MLBPA is a relevant party in this discussion. The union, which has a right to file an appeal with or without Germán’s consent, might have concerns that a player has been suspended for a half-season for an incident that played out entirely outside of the legal system. Germán’s suspension will be precedent going forward and could lead to lengthier suspensions for other players accused of domestic violence. At the same time, MLBPA agreed to bestow this discretion to Manfred in the CBA. The current CBA will expire on Dec. 1, 2021 at 11:59 pm ET. It’s possible the union might demand more constraints on the commissioner’s power to discipline in the next CBA.
Michael McCann is SI’s Legal Analyst. He is also an attorney and Director of the Sports and Entertainment Law Institute at the University of New Hampshire Franklin Pierce School of Law.
January 03, 2020 at 05:25AM
Breaking Down Domingo Germán's 81-Game Suspension for Domestic Violence
New on Sports Illustrated: Polamalu, Wayne, Lynch Highlight List of 15 NFL Hall of Fame Finalists
The NFL's modern-era player finalists for the Pro Football Hall of Fame's class of 2020 were announced Thursday evening.
The NFL's modern-era player finalists for the Pro Football Hall of Fame's class of 2020 were announced Thursday evening. Safety Troy Polamalu and wide receiver Reggie Wayne highlight the list of first timers included on the list, while safety and current 49ers GM John Lynch is among the notable returners.
The 15 finalists will be considered for election to the Hall of Fame when the Hall’s Selection Committee meets in Miami the day before Super Bowl LIV. The full committee will elect five modern-era players, who must receive a minimum positive vote of 80% from the committee.
The NFL's full class of recipients will be introduced during NFL Honors, the league's two-hour awards special to air nationally on the eve of the game.
The finalists are as followed:
- Troy Polamalu, Safety – 2003-2014 Pittsburgh Steelers, (First finalist appearance) — Polamalu was First-Team All-Pro four times and Second-Team twice. The eight-time Pro Bowler was named the AP Defensive Player of the Year in 2010, helping Pittsburgh reach seven postseasons and two Super Bowls during his tenure.
- Reggie Wayne, Wide Receiver – 2001-2014 Indianapolis Colts (1) — Wayne retired as the NFL's second all-time leading receiver in the postseason, and at one point in his career, made six Pro Bowls in a seven-year span. He helped the Colts reach the playoffs every year but two during his career, catching 100 passes in a season four different times.
- John Lynch, Safety – 1993-2003 Tampa Bay Buccaneers, 2004-07 Denver Broncos (7) — Drafted in the third round of the 1993 NFL draft, Lynch helped Tampa Bay's defense become one of the best in the NFL. He was voted to nine Pro Bowls, earning First-Team All-Pro honors three straight years (1999-2001) while helping the Buccaneers win their first Super Bowl title in 2002.
- ·Steve Atwater, Safety – 1989-1998 Denver Broncos, 1999 New York Jets (3) — At one point in his career, Atwater made eight Pro Bowls in a nine-year span. Noted for his hard-hitting and strong tackling, the Broncos' safety started in four AFC Championship games and three Super Bowls, helping Denver defeat Green Bay in Super Bowl XXXII and Atlanta in Super Bowl XXXIII.
- Tony Boselli, Tackle – 1995-2001 Jacksonville Jaguars (4) — Boselli was voted to five straight Pro Bowls and was First-Team All-Pro for three straight seasons before suffering a severe shoulder injury that ultimately ended his career.
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Isaac Bruce, Wide Receiver – 1994-2007 Los Angeles/St. Louis Rams, 2008-09 San Francisco 49ers (4) — Bruce was voted to four Pro Bowls, finishing his career with 12 seasons of 50 or more catches and eight seasons with 1,000 yards. At the time he retired, he finished his career with the second-most receiving yards in NFL history.
- LeRoy Butler, Safety – 1990-2001 Green Bay Packers (1) — Butler made four Pro Bowls and was an All-Pro four times as well. He started at strong safety for three straight NFL Championship game appearances for the Packers and had seven tackles and one sack in Green Bay's Super Bowl XXXI win.
- Torry Holt, Wide Receiver – 1999-2008 St. Louis Rams, 2009 Jacksonville Jaguars (6) — Holt was voted to seven Pro Bowls throughout his career, leading the Rams in receptions for seven straight seasons between 2002 and 2008.
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Steve Hutchinson, Guard – 2001-05 Seattle Seahawks, 2006-2011 Minnesota Vikings, 2012 Tennessee Titans (3) — Hutchinson emerged as one of football's best guards, being named All-Pro six times and making seven consecutive Pro Bowls. He was twice chosen as NFL Alumni Offensive Lineman of the Year.
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Alan Faneca, Guard – 1998-2007 Pittsburgh Steelers, 2008-09 New York Jets, 2010 Arizona Cardinals (5) — Missing just one game in his career, Faneca was named First-Team All-Pro six times and Second Team twice. He was selected to nine straight Pro Bowls, blocking for nine 1,000-yard rushers.
- Edgerrin James, Running Back – 1999-2005 Indianapolis Colts, 2006-08 Arizona Cardinals, 2009 Seattle Seahawks (4) — James captured the NFL's rushing titles during his first two seasons, winning the NFL's Rookie of the Year award in 1999. He was selected to four Pro Bowls and made All-Pro three times.
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Sam Mills, Linebacker – 1986-1994 New Orleans Saints, 1995-97 Carolina Panthers (1) — Mills played three seasons in the USFL before the league folded and he joined the Saints. He earned his first Pro Bowl nod in his second season and was selected as an All-Pro three times throughout his career.
- Richard Seymour, Defensive End/Defensive Tackle – 2001-08 New England Patriots, 2009-2012 Oakland Raiders (2) — A key member of the Patriots' defense that won six straight titles throughout the 2000s, Seymour played in four Super Bowls with New England. He was voted to seven Pro Bowls and selected All-Pro five times.
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Zach Thomas, Linebacker – 1996-2007 Miami Dolphins, 2008 Dallas Cowboys (1) — Thomas made an immediate and constant impact on the Dolphins, winning AFC Defensive Rookie of the Year honors in 1996. He was First-Team All-Pro five times and voted to seven Pro Bowls, making 168 starts on Miami's defense, the most-ever by a Dolphins defensive player.
- Bryant Young, Defensive Tackle – 1994-2007 San Francisco 49ers (1) — Young was voted to four Pro Bowls throughout his NFL career, earning NFL Comeback Player of the Year in 1999. He was First-Team All-Pro twice, amassing 89.5 sacks throughout his decade-plus career.
January 03, 2020 at 05:19AM
Polamalu, Wayne, Lynch Highlight List of 15 NFL Hall of Fame Finalists
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New on Sports Illustrated: Magic F Jonathan Isaac Taken Off on Stretcher With Hyperextended Left Knee
Jonathan Isaac exited the Magic's matchup with the Wizards after suffering a hyperextended left knee in the first quarter
Magic forward Jonathan Isaac was taken off the floor on a stretcher on Wednesday after suffering a "hyperextended left knee," per Orlando.
Isaac attempted to eurostep past Wizards guard Bradley Beal on a drive to the rim, but he landed on Beal's foot before crumpling to the floor. The Florida State product was then taken off on a stretcher, and he will undergo an MRI in Orlando on Thursday.
The third-year forward is in the midst of a career-best season. Isaac is averaging 12.3 points per game, and he's been a dominant defensive force with 1.6 steals and 2.5 blocks per game. Isaac is one of two players to average over 1.5 steals and 1.5 blocks per game, joining Pistons center Andre Drummond.
The Magic entered Wednesday's contest eighth in the Eastern Conference at 14–19. They have not won a playoff series since 2010.
January 02, 2020 at 05:47AM
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New on Sports Illustrated: Trick Play, Field Goal Lift No. 21 Navy Over Kansas State in Liberty Bowl
Bijan Nichols kicked a 23-yard field goal with two seconds remaining and No. 21 Navy capitalized on a fourth-down gamble in the final minute to beat Kansas State 20-17 in the Liberty Bowl.
MEMPHIS, Tenn. — Bijan Nichols kicked a 23-yard field goal with two seconds remaining and No. 21 Navy capitalized on a fourth-down gamble in the final minute to beat Kansas State 20-17 in the Liberty Bowl on Tuesday.
A Navy team with the nation's top-ranked rushing attack set up the winning score by completing a halfback option pass with less than 30 seconds left. The Midshipmen snapped the ball on fourth-and-3 from the Kansas State 46. Quarterback Malcolm Perry pitched to C.J. Williams, and he threw downfield to a wide-open Chance Warren for a 41-yard gain.
Perry, who rushed for 213 yards, spiked the ball with 5 seconds left to set up Nichols' field goal. Nichols had missed a 38-yarder earlier in the fourth quarter.
The victory enabled Navy (11-2) to tie a program record for wins and ensured the Midshipmen will finish a season in the AP Top 25 for just the third time in the last 56 years. Navy finished 18th in 2015 - when it also won 11 games - and was 24th in 2004.
Navy went 3-10 last year and matched the second-biggest season-to-season improvement in win-loss record of any team in Football Bowl Subdivision history. Hawaii owns the record by going 9-4 in 1999 after finishing 0-12 in 1998.
The Mids made that dramatic turnaround thanks largely to Perry, who capped a brilliant senior season with 28 carries and a touchdown pass.
Perry ran for 2,017 yards this season to set a Football Bowl Subdivision record for yards rushing by quarterback. The record had been owned by Jordan Lynch, who ran for 1,920 yards for Northern Illinois in 2013.
Navy dominated much of the game but wasted a couple of opportunities to put it away. The Mids led 17-10 late in the third quarter when a holding penalty on Billy Honaker wiped out a 31-yard run by Perry that would have given them first-and-goal at the 2. Navy ended up punting.
Nichols then sent a 38-yard field goal attempt wide left with 8:26 left in the game. At that point, Navy was outgaining Kansas State 351-83 but only led 17-10.
Kansas State finally got its offense going at that point, as Skylar Thompson connected with Wykeen Gill on a 15-yard completion and a 42-yard pass on back-to-back plays. Those long gains set up Thompson's 1-yard sneak that tied the game with 5:14 left.
THE TAKEAWAY
Navy: A vastly improved defense sparked Navy's turnaround and held Kansas State in check for much of the day. Kansas State's offense didn't reach the end zone for the first 54 1/2 minutes of the game. The Wildcats' first touchdown came on a 66-yard punt return by Phillip Brooks, who also dropped a potential TD pass on the opening series.
Kansas State: The Wildcats ranked fourth nationally in time of possession during the regular season but couldn't keep their offense on the field Tuesday as Perry and the Mids controlled the clock. Kansas State still has reason to feel good about itself. Picked before the season to finish ninth out of 10 teams in the Big 12, the Wildcats instead won eight games and stunned eventual Big 12 champion Oklahoma in coach Chris Klieman's debut season.
UP NEXT
Navy will head overseas to open the 2020 season Aug. 29 by facing Notre Dame at Dublin, Ireland. The Mids will have a tough time matching the quarterback production of Perry, who ended his college career Tuesday. Freshman Perry Olsen backed up Perry this season.
Kansas State opens its 2020 season Sept. 5 by hosting Buffalo. The Wildcats return Thompson and first-team all-Big 12 defensive end Wyatt Hubert but must replace graduate transfer running backs James Gilbert and Jordon Brown as well as their entire starting offensive line.
January 01, 2020 at 06:23AM
Trick Play, Field Goal Lift No. 21 Navy Over Kansas State in Liberty Bowl
New on Sports Illustrated: Arizona State Defeats Florida State in Sun Bowl
Willie Harts returned an interception for a touchdown in the fourth quarter to lead Arizona State to a 20-14 victory against Florida State in the Sun Bowl.
EL Paso, Texas — Willie Harts returned an interception 25 yards for a touchdown in the fourth quarter to lead Arizona State to a 20-14 victory against Florida State on Tuesday in the Sun Bowl.
Harts, a freshman cornerback, halted a 14-0 surge by Florida State (6-7) and helped the Sun Devils (8-5) hang on for their fourth Sun Bowl victory, despite not scoring an offensive touchdown.
James Blackman threw a 91-yard touchdown pass, the longest pass play in Sun Bowl history, to Tamorrion Terry to give Florida State its first lead, 14-9, in the third quarter. The Seminoles trailed 9-0 at halftime.
Cristian Zendejas kicked a Sun Bowl record-tying four field goals for Arizona State, including a 34-yarder in the fourth quarter to cut the FSU lead to 14-12.
Then Blackman's fourth interception of the game was returned by Harts to put the Sun Devils ahead for good with 10:06 left in the fourth.
Jayden Daniels was 12-for-28 passing for 198 yards to lead the Sun Devils. He also ran 36 yards and a 2-point conversion.
The first half was a comedy of errors for both offenses as the defenses stepped up in the absence of the teams' star rushers. Eno Benjamin of ASU and Cam Akers of FSU both sat out to protect their NFL draft stock.
Florida State turned the ball over three times (two interceptions and a fumble) and had a field goal blocked, while Arizona State lost two fumbles.
Cornerback Stanford Samuels also sat out for the Seminoles.
Florida State played redshirt freshman Deonte Sheffield at running back, who finished with 87 yards on 18 carries. Arizona State had freshman Demetrious Flowers and sophomore A.J. Carter handle rushing duties.
Blackman finished 14 of 26 for 244 yards, with one TD. Terry had nine catches for 165 yards.
By the end of the game, Arizona State was down three defensive starters - safety Cam Phillips didn't dress, while cornerbacks Jack Jones and Chase Lucas suffered injuries during the game. Sun Devils defensive lineman Jermayne Lole also missed a chunk of second half.
THE TAKEAWAY
Florida State: Posted consecutive losing seasons for the first time since 1973-76, which was Bobby Bowden's first year as Seminoles coach. Florida State now transitions to coach Mike Norvell. Willie Taggart was fired in November and Odell Haggins held things down as interim coach.
Arizona State: Wide receiver Brandon Aiyuk chose not to play. Aiyuk finished eighth in the nation in receiving yards.
UP NEXT:
Florida State: The Seminoles play their first game under Norvell against West Virginia in Atlanta on Sept. 5.
Arizona State: The Sun Devils start next season against Northern Arizona.
January 01, 2020 at 06:07AM
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New on Sports Illustrated: Ranking the Current NFL Head Coach Job Openings
If you were a potential NFL head coach looking for your next place of employment, how would you pick between the situations that are currently vacant?
For the third time since 2016, Giants owner John Mara has stepped to the lectern and answered questions about the future of the franchise at a major decision point.
The team’s divorce with Tom Coughlin was followed by the in-season dismissal of Ben McAdoo and long-time general manager Jerry Reese. Then came Monday, when Mara announced that he would be letting head coach Pat Shurmur go and retaining general manager Dave Gettleman.
It has been a turbulent finale to a decade that began with such promise (and a stunning victory over the Patriots in Super Bowl XLVI that seemed to breathe new life into the Coughlin regime). At each turn, there seems to be a special kind of animus reserved for Mara, as if he has willed the team to this moment. On Monday especially, he continued to combat the negative effects of his notorious loyalty to the bones of the staff he inherited years ago.
But after taking a quick look around the NFL at the other job openings, it’s hard not to wonder if we’re all not suffering from a lack of perspective. Assuming that Dallas tests the coaching market, joining Washington, Carolina, the Giants and Cleveland, how many situations actually seem better than what the Giants have to offer right now?
How bad—again, in perspective—is Mara’s desire to keep the franchise somewhat tethered to its glory years compared to the pitfalls that accompany the other openings?
Here’s an unofficial ranking of the best jobs of 2019, including Dallas. We’ll update the list should any surprise vacancies surface. The goal is to explore what a coach interviewing for a job might be thinking and how they might compare one landscape to the next…
1. N.Y. Giants
A coach’s biggest issue with coming to the Giants will be working with a general manager that seems proudly dated in his thinking, who isn’t necessarily fleet of foot on draft day and who allows some aged scouting tropes to impact his decision-making in free agency.
The counter to that? The Giants have typically been a forward-thinking franchise despite the dusty perception. While Tom Coughlin had the reputation as a temperamental old boomer, the Giants were one of the first teams publicly tied with the analytics produced by Pro Fotball Focus in the early 2010s. Coughlin was one of the first coaches to test GPS monitoring at practice. The team revamped their diet, nutrition and exercise programs several times in that span. All of those people did not disappear organizationally and could potentially counterweight Gettleman’s instinctual style.
I also wonder whether a coach could make something of the roster in their first season and, given that Gettleman will soon turn 69, slowly earn a slice of the pie in terms of the roster building process. Mara said on Monday that he was open to various non-traditional power structures depending on the coach (which, again, he may have to promise at the outset anyway). Adam Schefter also reported Monday that if a new head coach was that passionate about front office changes, they don’t seem entirely out of the realm of possibility.
Here are the pros: A stable franchise with a young, ascending player at quarterback. A star at running back. A few cost-controlled assets that can produce at skill positions on offense. And … about $70 million to spend in free agency next year.
2. Carolina
The obvious detractor to taking this job is uncertainty at the quarterback position and a very, very competitive division with three other established head coaches. Will Cam Newton be back and healthy? Otherwise, Carolina returns a decent supporting cast and will have a navigable amount of cap space (while it’s in the bottom third of the league, it’s theoretically enough to chase one or two free agents that could be central to a coach’s scheme).
The benefits? A new owner who wants to empower and legitimize his first hire, which tends to lead to more patience. The Carolina market isn’t daunting for a first-time football coach and an in-house push for a more fundamental understanding and implementation of analytics will only help the kind of coach who is willing to delegate.
3. Dallas
I’m slightly less bullish on this job than others but could be talked into moving them up a spot. Here’s the fear: if Jerry Jones is this smitten with Jason Garrett, will that impact the lens with which he views his next head coach? It could go one of two ways: Either Jones’s compassion for Garrett is a draw, signaling that the Cowboys simply treat all of their coaches this way … or it’s akin to being the dreaded rebound prospect for someone who just got out of a very serious long-term relationship.
From a roster standpoint, the Cowboys were built to win in 2019. A new head coach might find that the Ezekiel Elliott contract becomes more difficult to grapple with by the season. A resurgent Robert Quinn, Amari Cooper, Sean Lee and Byron Jones will all hit the open market and, theoretically, most of the team’s cap space will either be tied up on the franchise tag with Dak Prescott or a long-term deal to secure the quarterback.
With that in mind, there is immediate pressure on a new coach to win for an owner who will grow increasingly impatient with each season that passes.
4. Cleveland
They would be in last place in almost any other circumstance, though the one thing saving the Browns is a less-recent example of ownership meddling in draft decisions.
Cleveland has not had a coach for longer than two-and-a-half seasons since the Haslam family arrived in 2012. They have a top-heavy roster full of in-prime veterans who carry with them the expectation of winning right away (or, they’ll make it known their preference to play elsewhere). The offensive line needs serious repair. The success or failure of the franchise quarterback going into his pivotal third year will have a serious impact on job security.
I’ll be careful here not to label Baker Mayfield, Odell Beckham and Jarvis Landry with a broad brush, but this is a nucleolus of extremely talented people who will require someone with cachet and the ability to have immediate success. Someone who can get them the ball. Someone who can wrangle them during difficult times in a way that Tom Coughlin, Adam Gase, Ben McAdoo, Pat Shurmur and Hue Jackson were not in the past.
There have also been reported instances of opinion clashes between the team’s director of strategy and director of personnel as to the direction of the franchise. The job will be unattractive until someone makes it as much, which could be a draw for a big-name head coach with Super Bowl credentials who believes they can spearhead a legendary turnaround.
5. Washington
While all indications are that Daniel Snyder is doing the right things this time around, there is no track record of sustained harmony that he can point to. He was reportedly involved in the drafting of Dwayne Haskins. He recently told him not to play after an injury. Any candidate is going to need to possess a certain amount of trust that Snyder will ultimately recede into the owner’s box and let he or she run the team as they see fit.
But again, there is really no sustained track record of this.
Question or comment? Email us at talkback@themmqb.com.
December 31, 2019 at 06:08AM
Ranking the Current NFL Head Coach Job Openings
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