This previous post reported on the National Football League‘s recent loss in attempting to prevent former Ohio State underclassman running back Maurice Clarett from entering this year’s NFL Draft. Yesterday, the NFL requested that the federal district judge stay the order requiring the NFL to allow Clarett to be eligible for its 2004 draft pending the NFL’s appeal of that order.
Clarett’s attorneys have an interesting strategic decision to make here. Clarett would be eligible for the 2005 NFL Draft under the league’s current rules. Also, my sense is that Clarett has a strong case on appeal and will probably win it. Inasmuch as any such stay would be conditioned upon the NFL posting a rather large bond, Clarett may be better off strategically attempting to move the District Judge to set a high bond in favor of Clarett in connection with granting the NFL a stay of the order. In that case, Clarett could use the next year preparing for the 2005 NFL Draft (I’m sure Ohio State would not mind having him back for a season) and recover a windfall if the NFL posts the bond and then loses the subsequent appeal. Certainly something to consider.
Well, so much for that strategy. The Judge in the Clarett case has already denied the NFL’s motion for stay in this order.