TMQ, on Michael Vick:
Legal note: Vick might be compelled to repay the Falcons a huge amount of bonus money, and will lose $25 million or more in endorsement income. I have no sympathy for his loss of endorsement income: Vick was hired to bring Nike and other companies he endorsed good publicity, and instead brought them bad. But think about the income loss in the calculation of overpunishment of Vick. One or two years in federal prison, and perhaps state prison time if state charges are filed as well; plus $25 million in lost endorsement income and, oh, $50 million in lost or returned NFL income. That’s overkill! Often the indirect financial consequences of legal proceedings are worse than the official ones, in the same way that a speeding ticket might cost you $75 but add $1,000 to your annual insurance bill.
In effect, the federal indictment of Vick is resulting in him being fined around $75 million, which is far too much retribution. The legal hang-up is that since 1984, federal courts have been forbidden to consider monetary loss in private life as counting toward punishment. But a year of banishment from the NFL, a guilty plea with suspended sentence and probation (meaning the sentence is imposed if probation is violated), seems plenty of punishment for a first offense by someone who has not harmed another human being. Prison time and a $75 million fine? What Vick did was indecent, but now excessive punishment is being imposed, and two wrongs do not equal one right. Justice, after all, must be tempered with mercy. That’s what you would think if you stood in the dock accused.
I don’t get this, I don’t get it at all. The $75 million Vick will be losing is not a “fine,” period. It’s his income. It’s the money that he makes from being on the field as an NFL quarterback. If Michael Vick is in federal prison, he can’t earn his income because he’s not on the playing field. He’s in material breach of his contract. He’s not earning that $75m because he’s not available to play. If the “fine” is out of proportion, it’s because Vick’s salary is out of proportion. (And, as TMQ surely knows, NFL contracts are overinflated anyway, especially on the back-end.)
Even if we take TMQ seriously here, what would he have the NFL do? Pay Vick part of his salary for not playing football? Treat the prison sentence like an injury, where Vick gets paid despite performing? Pay Vick $25m for the privilege of watching Falcons games in prison? I don’t get it. Everybody who goes to prison loses their job (if they had one) when they get there, because they can’t show up for work. We don’t consider that retribution. If Vick can’t earn his salary, he’s not entitled to it, and it’s not retribution or a “fine” to take it away.
UPDATE: Why is TMQ so sanguine about Vick’s endorsement money but not his football money? It’s the exact same issue. Nike was paying Vick for publicity; the NFL was paying Vick to score touchdowns. What’s the difference between Vick losing out on endorsement money as opposed to football money?