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Senator wants to know why NFL destroyed Patriots spy tapes

Updated: February 1, 2008, 8:13 PM ET

WASHINGTON -- With the Super Bowl fast approaching, a senior Republican senator says he wants the NFL to explain why it destroyed evidence of the New England Patriots cheating scandal.

"I am very concerned about the underlying facts on the taping, the reasons for the judgment on the limited penalties and, most of all, on the inexplicable destruction of the tapes," said Sen. Arlen Specter, R-Pa., in a Thursday letter to NFL commissioner Roger Goodell.

The story was first reported by The New York Times.

Specter, the top Republican on the Senate Judiciary Committee, said the matter could put the league's antitrust exemption at risk. In a phone interview with the Times on Thursday, he said the committee at some point will call on Goodell to address the antitrust exemption as well as the destruction of the tapes.

"Their antitrust exemption has been on my mind for a long time," he said in a Capitol Hill news conference Friday.

Goodell, in his previously scheduled news conference Friday from Phoenix, said, "I am more than willing to speak with the senator. There are very good explanations why the tapes were destroyed by our staff -- there was no purpose for them."

The letters

Sen. Arlen Specter (R-Pa.) sent two letters to NFL commissioner Roger Goodell requesting information about the "Spygate" incident. The commissioner replied on Jan. 31. Read the letters:
• Specter to Goodell (.pdf)
• Goodell to Specter (.pdf)

There were six tapes, according to Goodell -- some from the 2007 preseason, and the rest from 2006. Another reason he had them destroyed was one tape was leaked to the media just after the Patriots-New York Jets game in Sept. 2007, when NFL security confiscated a video camera and tape from a Patriots video assistant during New England's 38-14 victory over the Jets at Giants Stadium.

"We wanted to take and destroy that information," Goodell said. "They may have collected it within the rules, but we couldn't determine that. So we felt that it should be destroyed."

The matter may not compare to the CIA's destruction of interrogation tapes, Specter said Friday, but he added, "I do believe that it is a matter of importance. It's not going to displace the stimulus package or the Iraq war, but I think the integrity of football is very important, and I think the National Football League has a special duty to the American people -- and further the Congress -- because they have an antitrust exemption."

"It's a league matter," New England Patriots coach Bill Belichick said Friday during his news conference. "I don't know anything about it."

Fish on Walsh senior writer Mike Fish talks with ESPNews anchor Fred Hickman with insight on Matt Walsh and his potential role in the Patriots spy situation. Fish ESPN Video

Matt Walsh, a former Patriots video assistant and now a golf pro at the Ka'anapli Golf Resort in Lahaina, Hawaii, has suggested to ESPN that he has information that could have exposed the Patriots prior to the Jets' allegations which ended up with the record fines.

"If I had a reason to want to go public, or tell a story, I could have done it before it even broke," he told's Mike Fish. "I could have said everything rather than having [Jets head coach Eric] Mangini be the one to bring it out."

Walsh, who worked for the Patriots from 1996 to 2003, also suggested to ESPN that he has information that could be embarrassing for the NFL and the Patriots. He has not been contacted by the NFL.

"If they're doing a thorough investigation ... they didn't contact me, so draw your own conclusions," Walsh told Fish.

Walsh said he hasn't made a decision on whether he'll talk to Congress if asked, though he's considering it.

Walsh was also quoted in the Times' story on Friday. The Patriots play Sunday in the Super Bowl against the New York Giants.

The controversy started when a Patriots video assistant was accused of aiming his camera at the Jets' defensive coaches as they signaled to players on the field.

After a league investigation, Goodell fined Belichick $500,000, the maximum amount, and docked the team $250,000 and a first-round draft pick. It was the biggest fine ever for a coach and the first time in NFL history a first-round draft pick has been confiscated as a penalty.

I do believe that it is a matter of importance. It's not going to displace the stimulus package or the Iraq war, but I think the integrity of football is very important, and I think the National Football League has a special duty to the American people -- and further the Congress -- because they have an antitrust exemption.

--Sen. Arlen Specter

After its investigation, the NFL said it destroyed all materials, including six tapes, it received from the Patriots.

Goodell said the tapes showed coaches making signals and it showed indications of down and distances. According to Goodell, one of the tapes showed an opposing coach waving to the cameraman as if he knew he was being taped.

"I think it probably had a limited effect -- if any -- on the outcome of any game," Goodell said.

He added: "I don't think it taints their accomplishments. I think the action that we took was decisive and it was unprecedented and it sent a loud message not only to the Patriots but to every NFL team that you should follow the rules and you better follow the rules.

"I think what they did this season was certainly done within the rules and on a level playing field. And I think their record is extraordinary. We know it's never been done before at 18-0 and I think they should be congratulated on that."

In a Jan. 31 letter to Specter, which the senator released Friday, Goodell said the tapes and notes on the investigation were destroyed to ensure that the Patriots "would not secure any possible competitive advantage as a result of the misconduct."

Specter said the explanation "absolutely makes no sense at all," and blasted the commissioner for failing to respond to his inquiries on the matter for more than two months. His initial letter to the league is dated Nov. 15, 2007; the follow-up letter is dated Dec. 19. Goodell said in his letter to Specter that he just became aware of Specter's questions Thursday.

Should Congress get involved with Spygate?

"There's a credibility issue here," Specter said.

Specter, a lifelong Philadelphia Eagles fan who still calls sports radio stations on Monday mornings, said he was concerned about the integrity of sports.

"I don't think you have to have a law broken to have a legitimate interest by the Congress on the integrity of the game ... What if there was something on the tapes we might want to be subpoenaed, for example? You can't destroy it. That would be obstruction of justice," Specter said to The Times.

There is no timetable for when the committee would call upon Goodell.

The possibility exists that Patriots employees or other NFL personnel would have to testify before the committee.

"It's premature to say whom we're going to call or when," Specter said. "It starts with the commissioner. He had the tapes, and he made the decision as to what the punishment could be. He made the decision to destroy them."

He stopped short of charging a coverup, but warned that the judiciary panel may want to probe the matter.

In the meantime, Specter said he might miss Sunday's big game.

"I may play squash while it's on," Specter said.

Information from ESPN senior writer Mike Fish, ESPN producer Ben Houser and The Associated Press is included in this report.


Commissioner Roger Goodell fined Bill Belichick $500,000 -- the biggest fine ever for an NFL coach -- and the team $250,000 after determining New England violated league rules by videotaping defensive signals from Jets coaches in the teams' regular-season opener. The Patriots also will have to forfeit either a first-round draft choice or second- and third-round picks.

At The Super Bowl

• Report: Patriots taped Rams' Super Bowl walkthrough
• Specter to Goodell: Let's talk
• Fish: Possible 'Spygate' witness surfaces

• Munson: Congressional interest is serious business
• Pasquarelli: Specter should stick with politics
• Clayton: Spy saga won't distract Patriots
• Hashmarks at Goodell's news conference
• Specter to Goodell (.pdf)
• Goodell to Specter (.pdf)

From September

• NFL has all materials from Pats in spying scandal
• NFL reviews how tape leaked to Fox
• Belichick to turn over materials in spying probe
• Pats owner perturbed by Belichick's spy games
• Goodell orders Pats to turn over all video
• Sources: Patriots give Belichick extension
• Wilson spies inconsistencies in Belichick case
• NFL fines Belichick $500K, Pats $250K for spying
• Bill Belichick's apology to Patriots community
• Clayton Q&A: Patriots can survive this penalty
• Two days later, Belichick still won't comment
• Some Eagles question Pats' tactics in Super Bowl
• Belichick issues apology amid accusations
• Sources: Goodell determines Patriots broke rules

• Clayton: NFL penalty for Belichick, Pats too light
• Mosley: Pats lose first-rounder? Roger that
• Scouts Inc.: What the Pats will miss in '08 draft
• Chadiha: Legal spying widespread in NFL
• Sando: What's legal, what's not in spy game
• What they're saying: Players, coaches, pundits
• Luksa: Spy stories once had comedic value
• Bryant: Belichick deserves two-week banishment
• Clayton: Goodell to treat breech seriously
• Simmons: The camera doesn't lie
• Simmons: Cheating not necessary to win opener

Video ESPN Video
• What should happen to the Pats?
• Belichick deflects videotape-related questions
• Former Patriot thinks team should be punished
• Reactions from around the league

• Mike Vrabel, Pats linebacker: Don't criticize the players Insider
• Chris Mortensen: Situation might motivate the Patriots Insider
• Keyshawn: It was 'scouting,' not cheating Insider
• Salisbury: Story blown out of proportion Insider

• Vote: Was New England's punishment fair?
• Mixed reader results on NFL spying