NBA Commissioner Adam Silver emphasized the league bears the burden of proof in its investigation of the Los Angeles Clippers' potential salary cap circumvention involving Kawhi Leonard's $28 million Aspiration endorsement deal. Aspiration had a $300 million sponsorship deal with the Clippers and touted Steve Ballmer as an investor.
The commissioner made clear that fundamental fairness requires the NBA to prove any wrongdoing rather than forcing teams or players to prove their innocence. Silver confirmed an external investigation is underway while outlining the league's extensive disciplinary powers.
Silver stressed the importance of placing investigative burden on the accusing party. The commissioner explained this standard ensures due process for all parties involved in league disciplinary matters.
"Number one, the burden is on the league if we're going to discipline a team, an owner, a player or any constituent members of the league," Silver said. "I think as with any process that requires a fundamental sense of fairness, the burden should be on the party that is, in essence, bringing those charges."
The commissioner emphasized his commitment to treating all parties fairly throughout the investigation process. Silver referenced public perception and the potential for false conclusions in high-profile situations.
"I'd want anybody else in the situation Mr. Ballmer is in now, or Kawhi Leonard for that matter, to be treated the same way I would want to be treated if people were making allegations against me," Silver said.
Circumstantial Evidence Standards Detailed
Silver clarified the league's approach to evaluating evidence beyond direct proof. The commissioner used a smoking gun analogy to explain how circumstantial evidence factors into investigations.
"Then in terms of your specific question about circumstantial evidence, I was only quasi-joking with someone earlier that when people talk about a smoking gun, that's obviously circumstantial. It means the gun is still smoking; it must have recently fired," Silver explained.
The NBA examines the totality of evidence when making determinations. Silver expressed reluctance to act based solely on appearances without substantial evidence supporting allegations.
"I'd say in the case of the league, we and our investigators look at the totality of the evidence," Silver said. "I think whether mere appearance, just by the way those words read, I think as a matter of fundamental fairness, I would be reluctant to act if there was sort of a mere appearance of impropriety."
Silver emphasized the goal of thorough investigation over rushed judgment. The commissioner noted public conclusions in high-profile cases often prove incorrect.
"I think that the goal of a full investigation is to find out if there really was impropriety. Also in a public-facing sport, the public at times reaches conclusions that later turn out to be completely false," Silver said.
Silver revealed he was unaware of the allegations until a recent Pablo Torre Finds Out podcast surfaced the information. The commissioner said he had never heard of Aspiration or any endorsement arrangement between Leonard and the company.
"Well, when the podcast came out, it was news to me," Silver said. "I'd frankly never heard of the company Aspiration before, and I'd never heard a whiff of anything around an endorsement deal with Kawhi or anything around engagement with the Los Angeles Clippers."
The NBA quickly determined the matter required investigation by an outside party. Wachtell Lipton, a New York law firm previously used by the league for similar investigations, is overseeing the probe.
"We spoke internally. Rick Buchanan, our general counsel who oversees any investigations," Silver explained. "Rick had a conversation with Steve Ballmer, and we quickly concluded this was something that rose to the level that necessitates an investigation, and in fact one that's done outside of our office."
When asked about potential penalties, Silver confirmed his authority extends across multiple areas. The commissioner can impose financial penalties, remove draft picks, and issue suspensions among other disciplinary measures.
"My powers are very broad," Silver stated. "Full range of financial penalties — draft picks, suspensions, et cetera. I have very broad powers in these situations."
Silver acknowledged the NBA operates differently than a court of law while maintaining the burden of proof standard. The league maintains broad authority to review all information and weigh evidence accordingly in disciplinary proceedings.
"The answer is we're not a court of law at the end of the day, either, that we have broad authority to look at all information and to weigh it accordingly," Silver concluded.
The commissioner emphasized his belief in due process throughout the investigation. Silver stressed the importance of allowing the external investigation to run its course before reaching conclusions.
"Again, I would also say I've been around the league long enough in different permutations of allegations and accusations that I'm a big believer in due process and fairness, and we need to now let the investigation run its course," Silver said.
