TMQ and ECB Agree

Today, Gregg Easterbrook (TMQ) wrote:

However, last week's filing was only the first of several types of litigation that might arise from Beli-Cheat -- this being America in the 21st century, there is a good chance courts will contemplate the scandal. If a judge does allow any Beli-Cheat litigation to proceed, plaintiffs will win the ability to conduct discovery, depose witnesses and inspect evidence. The NFL says it destroyed all the Patriots' videotapes and cheating notes. It's perfectly legal to destroy evidence until such time as a court or law enforcement office requests same, so if Beli-Cheat becomes a legal case, the NFL probably isn't on the hook for its little shredding party. But the history of legal discovery and of subpoenas shows it is common for there to turn out to be more copies of evidence than the parties thought.

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Saturday, J-Red wrote:

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If the suit can survive the summary judgment phase, the parties will conduct discovery. That's where things get very interesting. It's unfortunate that the suit wasn't filed before the NFL destroyed the tapes, as they would not be allowed to destroy potentially relevant evidence. Discovery in the legal sense is the only way we'll actually know how often the Pats cheated and against whom. If people like Gregg Easterbrook (TMQ) are right, and cheating took place in the Super Bowls, the NFL has a very puckered collective asshole right now.

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C'mon TMQ. I e-mailed you the story and my comments on how discovery could be interesting, and I can't even get a little dap in your widely read column? Help a Marylander out brother. I might burn my copy of The Progress Paradox tonight.