In the New Testament, Paul told the Corinthians: “In the mouth of two or three witnesses shall every word be established.”
“Seven employees told me [Leonard’s Aspiration deal was in place to circumvent the salary cap],” Torre posted in mid-September. “One finance [department] employee went on tape in Part I [of the docuseries on the matter]. Another went on tape in Part III.”
It’s not easy to get seven people to agree on anything. And though Torre hasn’t been able to name any of these sources, it’s fair to assume the NBA and the firm it hired to investigate will interview them.
And while this situation won’t be litigated in front of a jury, it can be helpful to think about it as though it would.
If Torre and/or the league were able to put seven witnesses in front of an impartial jury panel and have all of them testify that Leonard’s deal was a form of cap circumvention, it might be difficult for Leonard and/or a defense team to overcome.
Ditto for the growing mound of circumstantial evidence.
Those on L.A.’s side have been quick to point out that there’s no “smoking gun” yet, but federal courts are typically clear on the value of circumstantial evidence.
Federal (and most states’) pattern jury instructions include something along the following lines: “Either can be used to prove any fact. The law makes no distinction between the weight to be given to either direct or circumstantial evidence.”
More importantly, the NBA’s current collective bargaining agreement, under “Article 13 Circumvention,” reads, in relevant part: “A violation… may be proven by direct or circumstantial evidence, including, but not limited to, evidence that a Player Contract or any term or provision thereof cannot rationally be explained in the absence of conduct violative of [these sections.]”
Such rational explanations are getting harder to find with each passing day and week. And that’s just for those of us who have access to what’s already been made public.
That doesn’t necessarily mean the NBA is going to drop the hammer on the Clippers. And any punishment they might receive isn’t likely to come until after they host the 2026 All-Star game.
But we’ve seen enough already to suggest L.A. could (though not necessarily will) face some consequences.
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