Steve Smith's impending punishment might prove explosive for cricket

[CricketAnalyst]

It's a long-shot, but the year long bans that are being speculated for Smith and Warner might be the spark that lights the fire beneath cricket's dysfunctional NOC system.

I've been waiting for a while for someone to challenge it in court. Smith is estimated to lose $5 Million if he's banned for an year. If Australia refuse him and/or Warner NOCs for the IPL, the big restraint of trade lawsuit that blows up the present system might come sooner rather than later.

And believe me, in a Court room, the mob justice and outrage over what he did will count for nothing. No matter how bad it was, Australia can't stop him playing other leagues if they revoke his contract.

 

[AMSS]

CA stands to lose nothing if a restraint of trade case is instituted. The case would stand on tenuous grounds, and CA would even prefer it for strategic reasons.

 

[Convict]

It's a long-shot, but the year long bans that are being speculated for Smith and Warner might be the spark that lights the fire beneath cricket's dysfunctional NOC system.

I've been waiting for a while for someone to challenge it in court. Smith is estimated to lose $5 Million if he's banned for an year. If Australia refuse him and/or Warner NOCs for the IPL, the big restraint of trade lawsuit that blows up the present system might come sooner rather than later.

And believe me, in a Court room, the mob justice and outrage over what he did will count for nothing. No matter how bad it was, Australia can't stop him playing other leagues if they revoke his contract.

CA aren't going to ban them from IPL. Smith might withdraw himself.

 

[JattMaula]

Dont think Smith and Warner will challenge CA in any way. They will accept any punishment below life ban quietly and will ridethis storm out.

Hyderabad and Rajasthan will stay with them through this. Both are too good an investment to lose to this.

They will lose some income but both brought this upot themselves and they know it.

 

[sensible-indian-fan]

CA aren't going to ban them from IPL. Smith might withdraw himself.

Why withdraw? That makes no sense.

 

[JattMaula]

Why withdraw? That makes no sense.

Cause it will look really bad if he plays for Rajasthan when he's banned by CA.

 

[Convict]

Why withdraw? That makes no sense.

Depends on the person but maybe he might want to take time off to get his mind right again?

Also imo he will be aware of how playing in the IPL will look to the public. He will want to set up his return to the Australian team as smoothly as possible.

 

[Varun]

Dont think Smith and Warner will challenge CA in any way. They will accept any punishment below life ban quietly and will ridethis storm out.

Keep in mind that these two led the argument vs the CA before the Ashes over some pay dispute - there's no smoke without fire.

 

[Convict]

Keep in mind that these two led the argument vs the CA before the Ashes over some pay dispute - there's no smoke without fire.

Smith was actually really quiet during that. But yeah Warner isn't getting banned from IPL. Think CA just want him to go away for good and became a T20 merc.

 

[Slog]

Why withdraw? That makes no sense.

Fans will turn to calling him a mercenary...

 

[kingusama92]

Cause it will look really bad if he plays for Rajasthan when he's banned by CA.

Has to make money from somewhere.

Plus, it's good practice as he gears up for a return.

 

[Vildoc]

Smith was actually really quiet during that. But yeah Warner isn't getting banned from IPL. Think CA just want him to go away for good and became a T20 merc.

News report emanating out of India suggest the opposite. The IPL governing council is waiting for CA to announce the quantum of sanctions on Smith and Warner before deciding.

 

[Aman]

Smith was actually really quiet during that. But yeah Warner isn't getting banned from IPL. Think CA just want him to go away for good and became a T20 merc.

CA are fine with losing Warner? Why would they make him VC then?

 

[Convict]

News report emanating out of India suggest the opposite. The IPL governing council is waiting for CA to announce the quantum of sanctions on Smith and Warner before deciding.

Let me rephrase it. CA isn't going to ban anyone from the IPL.
What the IPL chooses to do is up to the IPL

 

[Convict]

CA are fine with losing Warner? Why would they make him VC then?

That was before all this.

 

[Varun]

CA are fine with losing Warner? Why would they make him VC then?

Because he was Smith's favourite. Anybody who isn't gets the cold shoulder - refer Maxwell.

 

[Slog]

Because he was Smith's favourite. Anybody who isn't gets the cold shoulder - refer Maxwell.

Lot of reports saying Warner was the one who hatched up the whole plan and took lead in it

Smith seems to be a deferential captain. Happy to let stronger personalities decide course of action if they are insistent

Apparently there is anger in Aussie camp that Warner left everyone to dry and now he is hanging out alone mostly

 

[CricketAnalyst]

News report emanating out of India suggest the opposite. The IPL governing council is waiting for CA to announce the quantum of sanctions on Smith and Warner before deciding.

I think they said they are waiting for ICC.

It makes no sense for IPL to impose a punishment over and above what ICC did.

CA is their employer so there is some logic to an internal punishment, but it would be irregular for IPL to impose a punishment greater than the ICC which is the body in charge of the event.

Additionally, even if they wanted to, why even wait for CA's punishment? Everyone knows the facts and Smith has already admitted guilt so what punishment CA gives is totally irrelevant to IPL's deliberations

 

[Indiafan]

It's a long-shot, but the year long bans that are being speculated for Smith and Warner might be the spark that lights the fire beneath cricket's dysfunctional NOC system.

I've been waiting for a while for someone to challenge it in court. Smith is estimated to lose $5 Million if he's banned for an year. If Australia refuse him and/or Warner NOCs for the IPL, the big restraint of trade lawsuit that blows up the present system might come sooner rather than later.

And believe me, in a Court room, the mob justice and outrage over what he did will count for nothing. No matter how bad it was, Australia can't stop him playing other leagues if they revoke his contract.

IPL will not select Smith if he is banned by ICC. There stance has been very clear on this

 

[CricketAnalyst]

CA stands to lose nothing if a restraint of trade case is instituted. The case would stand on tenuous grounds, and CA would even prefer it for strategic reasons.

The case would be anything but tenuous. It's a slam-dunk.

If they aren't contracted to CA, then CA have absolutely no business or jurisdiction to dictate whether they can or cannot play elsewhere. In fact, it's already known that the NOC regime is illegal and anti-competitive even at an ICC level.

 

[Convict]

The case would be anything but tenuous. It's a slam-dunk.

If they aren't contracted to CA, then CA have absolutely no business or jurisdiction to dictate whether they can or cannot play elsewhere. In fact, it's already known that the NOC regime is illegal and anti-competitive even at an ICC level.

They would still be contracted.

 

[pak4life]

Considering the little support they have from Australian fans I doubt very much they will appeal any sanctions. It would also be in their interest to pull out of the ipl and keep a low profile for the next few months. I can imagine the circus the Indian media will create around them during the ipl.

 

[CricketAnalyst]

IPL will not select Smith if he is banned by ICC. There stance has been very clear on this

But he isn't banned by ICC. He's been suspended for one Test. That will hardly be a reason for IPL to remove him.

 

[JattMaula]

Has to make money from somewhere.

Plus, it's good practice as he gears up for a return.

But its all about his image amongst aussie supporters. And playing ipl is not really good thing in aussie eyes.

 

[Tusker]

But he isn't banned by ICC. He's been suspended for one Test. That will hardly be a reason for IPL to remove him.

Actually this would be a great opportunity for the IPL to ban Smith and Warner and set higher standards. It would go a long way in cleaning up Cricket.

 

[Junaids]

Lot of reports saying Warner was the one who hatched up the whole plan and took lead in it

Smith seems to be a deferential captain. Happy to let stronger personalities decide course of action if they are insistent

Apparently there is anger in Aussie camp that Warner left everyone to dry and now he is hanging out alone mostly

Warner was made the vice-captain to try to contain his personality - he is a straight shooter who tells uncomfortable truths. They decided it was better to have him inside the tent ******$ing out rather than outside the tent ******$ng in.

Of course the bowlers deny knowing about the tampering. They are trying to save their skins.

I wrote from Durban - 2 Tests ago - that the early reverse swing could only be being obtained by tampering. And those bowlers handled those balls for 50 overs each in that Test. How could they not know?

Warner is angry that he is being singled out for the blame for something that he feels the whole team was equally complicit in. And he is making sure that he takes the others down with him.

Cricket Australia has a real dilemma now - and the tele-conference with HQ is already under way.

The obvious strategy is to say that only Smith, Warner, Bancroft and Lehmann knew, and to make them scapegoats for it and leave the rest of the team intact. At least that way there is still a viable product to sell to sponsors and broadcasters.

But the problem is, if Dave Warner is scapegoated he will go straight to the media and tell his story - which might well be the story of a team which has been collectively doing this for 2 years, and in which his team mates lied to save themselves and blamed him.

The problem is, the Handscomb footage will always back up Warner's version. The twelfth man looked supremely unsurprised when Lehmann contacted him by walkie-talkie to go out and tell Bancroft he'd been busted. So Handscomb knew but Starc didn't? Really?

Warner could very, very easily use the media to make clear that he was one of eleven equally culpable players, but the one who got scapegoated by his team-mates and thrown under the bus by Cricket Australia.

So if Warner cops more punishment than Starc, Hazlewood and Lyon tomorrow - the rest of the "leadership group" - then Cricket Australia might just set themselves on fire.

 

[JattMaula]

Warner was made the vice-captain to try to contain his personality - he is a straight shooter who tells uncomfortable truths. They decided it was better to have him inside the tent ******$ing out rather than outside the tent ******$ng in.

Of course the bowlers deny knowing about the tampering. They are trying to save their skins.

I wrote from Durban - 2 Tests ago - that the early reverse swing could only be being obtained by tampering. And those bowlers handled those balls for 50 overs each in that Test. How could they not know?

Warner is angry that he is being singled out for the blame for something that he feels the whole team was equally complicit in. And he is making sure that he takes the others down with him.

Cricket Australia has a real dilemma now - and the tele-conference with HQ is already under way.

The obvious strategy is to say that only Smith, Warner, Bancroft and Lehmann knew, and to make them scapegoats for it and leave the rest of the team intact. At least that way there is still a viable product to sell to sponsors and broadcasters.

But the problem is, if Dave Warner is scapegoated he will go straight to the media and tell his story - which might well be the story of a team which has been collectively doing this for 2 years, and in which his team mates lied to save themselves and blamed him.

The problem is, the Handscomb footage will always back up Warner's version. The twelfth man looked supremely unsurprised when Lehmann contacted him by walkie-talkie to go out and tell Bancroft he'd been busted. So Handscomb knew but Starc didn't? Really?

Warner could very, very easily use the media to make clear that he was one of eleven equally culpable players, but the one who got scapegoated by his team-mates and thrown under the bus by Cricket Australia.

So if Warner cops more punishment than Starc, Hazlewood and Lyon tomorrow - the rest of the "leadership group" - then Cricket Australia might just set themselves on fire.

CA are in real trouble aren't they?

 

[CricketAnalyst]

Warner was made the vice-captain to try to contain his personality - he is a straight shooter who tells uncomfortable truths. They decided it was better to have him inside the tent ******$ing out rather than outside the tent ******$ng in.

Of course the bowlers deny knowing about the tampering. They are trying to save their skins.

I wrote from Durban - 2 Tests ago - that the early reverse swing could only be being obtained by tampering. And those bowlers handled those balls for 50 overs each in that Test. How could they not know?

Warner is angry that he is being singled out for the blame for something that he feels the whole team was equally complicit in. And he is making sure that he takes the others down with him.

Cricket Australia has a real dilemma now - and the tele-conference with HQ is already under way.

The obvious strategy is to say that only Smith, Warner, Bancroft and Lehmann knew, and to make them scapegoats for it and leave the rest of the team intact. At least that way there is still a viable product to sell to sponsors and broadcasters.

But the problem is, if Dave Warner is scapegoated he will go straight to the media and tell his story - which might well be the story of a team which has been collectively doing this for 2 years, and in which his team mates lied to save themselves and blamed him.

The problem is, the Handscomb footage will always back up Warner's version. The twelfth man looked supremely unsurprised when Lehmann contacted him by walkie-talkie to go out and tell Bancroft he'd been busted. So Handscomb knew but Starc didn't? Really?

Warner could very, very easily use the media to make clear that he was one of eleven equally culpable players, but the one who got scapegoated by his team-mates and thrown under the bus by Cricket Australia.

So if Warner cops more punishment than Starc, Hazlewood and Lyon tomorrow - the rest of the "leadership group" - then Cricket Australia might just set themselves on fire.

That's correct. It's exactly what I said about Steve Smith on your thread.

CA wouldn't even think twice about implementing the most draconian and disproportionate punishment available but for this consideration. They must be happy to get a shot back at Warner or Smith after those negotiations. The problem is it's almost 100% certain that everyone in the set-up and to me 80% likely but probably not proveable that those higher up knew as well.

These guys have been doing it every game. Trying to ban Warner or Smith for an year for something no one has been banned for longer than one match for will obviously not go down well. I already despise them both, but I'd truly lose any respect for anyone stupid enough to take that punishment without bringing the whole show down.

 

[Junaids]

That's correct. It's exactly what I said about Steve Smith on your thread.

CA wouldn't even think twice about implementing the most draconian and disproportionate punishment available but for this consideration. They must be happy to get a shot back at Warner or Smith after those negotiations. The problem is it's almost 100% certain that everyone in the set-up and to me 80% likely but probably not proveable that those higher up knew as well.

These guys have been doing it every game. Trying to ban Warner or Smith for an year for something no one has been banned for longer than one match for will obviously not go down well. I already despise them both, but I'd truly lose any respect for anyone stupid enough to take that punishment without bringing the whole show down.

Another excellent point!

Australia is a country in which people in their forties and fifties still commonly pay $400 or more per year to play football, hockey, netball, tennis or other sports. And the audience for cricket is roughly 40% female.

I flew back from South Africa after the Second Test, and the atmosphere here is murderous - people think the team betrayed Australian sporting values and want blood.

The only international commitments in the next eight months are two Tests v Bangladesh and a few meaningless ODIs in England.

If I were Cricket Australia, I’d hand out the following punishments:

1 year ban plus terminated national contract:
Bancroft
Smith
Warner

6 month period of non-selection due to Smith’s “leadership group” comment and for being less than honest with evidence:
Hazlewood
Lyon
Starc

 

[Rana]

One thing ive learnt about the Aussies in this whole scenario...

They all act tough, macho and follow a bro code until things turn extremely sour! The moment Bancroft is caught on camera, he cr*ps his pants and does a stupid thing on camera again. The Moment Smith knows that the world will know that he put Bancroft upto this, he also panics and just admits to his mistake, also throwing the leadership group under the bus. The moment the leadership group (embodied in the form of David Warner) know their days are numbered, Warner goes all out and snitches on his team-mates and bowlers! Clearly these guys were never homies, brothers!

Some may call Hansie a criminal for withholding names of team mates to the police and the media. However one thing is for sure, the guy was not a snitch, he didnt scr*w the lives of guys who got away with it!

Are we to Respect Hansie more than Warner and Smith? Maybe not in a gentleman's world, however too much respect for Hansie in the streets of COMPTON!

 

[volcyz]

We ain’t born in the hoods or the streets on west side brother

 

[Corridor of Uncertainty]

If I were anyone other than CA, I'd like to get to the bottom of the reverse swing mystery. How are Aussies in the last couple of years so much better than all the others - and that too when they didn't show any of that skill prior?

If I were CA or even ICC, I'd brush that issue under the carpet.

It will not stay hidden though. A storm is coming.

 

[R3verse Swing]

CA is considering NOT to grant NOCs to Smith and Warner. Bancroft already dumped by county.

https://www.thetimes.co.uk/article/...ing-12-month-ban-for-ball-tampering-s8pm8b758

 

[mohan11]

Joe root for smith

 

[Bilal7]

It would look pretty bad if Smith and/or Warner play in T20 leagues if they're banned for anything less than life. Their public image would be ruined even further. It would seem that they don't even care about what happened and are happy making money off some foreign country instead of working towards a comeback to the Australian team.

CA should allow them to play domestic cricket in Australia though, otherwise they won't have any choice.

 

[Indiafan]

But he isn't banned by ICC. He's been suspended for one Test. That will hardly be a reason for IPL to remove him.

For now. But if the CA issues a ban both ICC and BCCI will respect it

 

[jagatk]

Lot of reports saying Warner was the one who hatched up the whole plan and took lead in it

Smith seems to be a deferential captain. Happy to let stronger personalities decide course of action if they are insistent

Apparently there is anger in Aussie camp that Warner left everyone to dry and now he is hanging out alone mostly

More likely CA and the Aussie team have got their fall guy and seeing all reports about how it was all Warner's doing seems to me atleast an attempt to paint him as the bad guy.

How does a batsman decide to tamper with the ball without any bowler not knowing it. All teams have specific ball handlers who through mostly grey actions try and help the ball to reverse swing quicker than it would naturally. I refuse to believe the team as a whole won't have knowledge of what and how he is doing it.

Smith from his press conferences seems to me like a little snake with fake apologies and even more fake I am taking a fall for everybody portrayal. I wouldn't trust that little **** even slightly. If he wanted to protect Bancroft thus took the blame why involve leadership group he could have said smith and Bancroft and Warner or smith and Bancroft who took the decision but rather every senior in team is now a suspect thanks to his leadership group **, people trying to protect others don't try and screw more people.

 

[jnaveen1980]

`CA is one of the key member of the ICC. So they won't mind going little excessive with their punishment. One a potentially ATG batsman, Other potentially ATG opener for Australia. So reactions from neutrals is going to be shocking. But if you look at from CA's perspective it is somewhat justified even if it is harsh.

 

[sensible-indian-fan]

Guys, one small doubt on an unrelated topic:

How come Sreesanth was banned from participating in a Scotland league when he isn't affiliated with BCCI in anyway currently?

 

[sensible-indian-fan]

Cause it will look really bad if he plays for Rajasthan when he's banned by CA.

Depends on the person but maybe he might want to take time off to get his mind right again?

Also imo he will be aware of how playing in the IPL will look to the public. He will want to set up his return to the Australian team as smoothly as possible.

Fans will turn to calling him a mercenary...

Yeah..true.

 

[kingusama92]

But the problem is, if Dave Warner is scapegoated he will go straight to the media and tell his story - which might well be the story of a team which has been collectively doing this for 2 years, and in which his team mates lied to save themselves and blamed him.

The problem is, the Handscomb footage will always back up Warner's version. The twelfth man looked supremely unsurprised when Lehmann contacted him by walkie-talkie to go out and tell Bancroft he'd been busted. So Handscomb knew but Starc didn't? Really?

Warner could very, very easily use the media to make clear that he was one of eleven equally culpable players, but the one who got scapegoated by his team-mates and thrown under the bus by Cricket Australia.

So if Warner cops more punishment than Starc, Hazlewood and Lyon tomorrow - the rest of the "leadership group" - then Cricket Australia might just set themselves on fire.

Bang on!

I made the same point about Warner and a potential life ban.

CA is in a tough spot because it surely knows other players were involved. Warner could absolutely destroy the team with one interview and as a result their business. Sponsors would immediately drop them like a sack of potatoes because the entire setup is poisoned.

Worst part is, Warner has shown he's a loudmouth who will go to the media if he feels wronged. He doesn't care about anything once he's mad.

I wouldn't want to be Sutherland right now!

 

[Napa]

Some may call Hansie a criminal for withholding names of team mates to the police and the media. However one thing is for sure, the guy was not a snitch, he didnt scr*w the lives of guys who got away with it!

Taking money to betray your country (the only way you can fix a game is not to play your best) is entirely a different thing than trying to win a game by altering the condition of the ball.

 

[Bilal7]

Bang on!

I made the same point about Warner and a potential life ban.

CA is in a tough spot because it surely knows other players were involved. Warner could absolutely destroy the team with one interview and as a result their business. Sponsors would immediately drop them like a sack of potatoes because the entire setup is poisoned.

Worst part is, Warner has shown he's a loudmouth who will go to the media if he feels wronged. He doesn't care about anything once he's mad.

I wouldn't want to be Sutherland right now!

Is it just me or did he seem totally lost and worried while giving his press release today? I definitely believe that Warner will not get a life ban. A suspension of 6 months makes much more sense and that goes for both Warner and Smith.

 

[Bilal7]

Warner was made the vice-captain to try to contain his personality - he is a straight shooter who tells uncomfortable truths. They decided it was better to have him inside the tent ******$ing out rather than outside the tent ******$ng in.

Of course the bowlers deny knowing about the tampering. They are trying to save their skins.

I wrote from Durban - 2 Tests ago - that the early reverse swing could only be being obtained by tampering. And those bowlers handled those balls for 50 overs each in that Test. How could they not know?

Warner is angry that he is being singled out for the blame for something that he feels the whole team was equally complicit in. And he is making sure that he takes the others down with him.

Cricket Australia has a real dilemma now - and the tele-conference with HQ is already under way.

The obvious strategy is to say that only Smith, Warner, Bancroft and Lehmann knew, and to make them scapegoats for it and leave the rest of the team intact. At least that way there is still a viable product to sell to sponsors and broadcasters.

But the problem is, if Dave Warner is scapegoated he will go straight to the media and tell his story - which might well be the story of a team which has been collectively doing this for 2 years, and in which his team mates lied to save themselves and blamed him.

The problem is, the Handscomb footage will always back up Warner's version. The twelfth man looked supremely unsurprised when Lehmann contacted him by walkie-talkie to go out and tell Bancroft he'd been busted. So Handscomb knew but Starc didn't? Really?

Warner could very, very easily use the media to make clear that he was one of eleven equally culpable players, but the one who got scapegoated by his team-mates and thrown under the bus by Cricket Australia.

So if Warner cops more punishment than Starc, Hazlewood and Lyon tomorrow - the rest of the "leadership group" - then Cricket Australia might just set themselves on fire.

Warner won't destroy his career knowingly. He'll keep quite if CA ban him for a few months and especially, if Smith gets the same punishment. As the vice captain, he must have known that if this ever got out, he would be one of two guys to be most severely punished.

If he goes out and exposes everyone, that is it for his cricket career and he'll also be hated by all his teammates. That's not worth it.

 

[Cricfan4eva]

Conspiracy theory here but imagine this -

Warner, Smith, Starc and Hazelwood come up with this plan. Warner the attack-dog he is, decides to take the lead and execute this to perfection. Bowlers obviously are complicit but do not indulge in the act.

Lehmann finds out and instead of reporting it to CA, tells the guys that if they are caught he will not take the fall (hence Smith clearing the coach in the PC).

CA clear Lehmann because well Lehmann has nothing to lose. If he loses this job, he will tell it all because no country will ever hire him and a disgraced coach as an expert? not happening. Had they fired him , he would have probably implicated CA top bosses, well truth or not, the already outraged public would have called for a massive clean up.

So now onto the PC. If anyone watched it live, it was quite carefully crafted with terms like "cheating" and "leadership group" completely avoided. That could only mean one thing, that Smith and Warner may be let off easier than what fans are demanding.

Let be frank, a year long ban would still see them play the World Cup and next Ashes and if their NOCs aren't disturbed they earn decent dough and get a year long holiday.

The only thing that could go wrong here is, if Warner becomes a loose canon and mouths off something and this whole coverup can be blown and then, oh boy CA will be in deep sh...

 

[kingusama92]

Is it just me or did he seem totally lost and worried while giving his press release today? I definitely believe that Warner will not get a life ban. A suspension of 6 months makes much more sense and that goes for both Warner and Smith.

Absolutely.

He's rattled because there's definitely a lot more to this.

 

[CricketAnalyst]

Conspiracy theory here but imagine this -

Warner, Smith, Starc and Hazelwood come up with this plan. Warner the attack-dog he is, decides to take the lead and execute this to perfection. Bowlers obviously are complicit but do not indulge in the act.

Lehmann finds out and instead of reporting it to CA, tells the guys that if they are caught he will not take the fall (hence Smith clearing the coach in the PC).

CA clear Lehmann because well Lehmann has nothing to lose. If he loses this job, he will tell it all because no country will ever hire him and a disgraced coach as an expert? not happening. Had they fired him , he would have probably implicated CA top bosses, well truth or not, the already outraged public would have called for a massive clean up.

So now onto the PC. If anyone watched it live, it was quite carefully crafted with terms like "cheating" and "leadership group" completely avoided. That could only mean one thing, that Smith and Warner may be let off easier than what fans are demanding.

Let be frank, a year long ban would still see them play the World Cup and next Ashes and if their NOCs aren't disturbed they earn decent dough and get a year long holiday.

The only thing that could go wrong here is, if Warner becomes a loose canon and mouths off something and this whole coverup can be blown and then, oh boy CA will be in deep sh...

This is spot on.

They have to be really careful how they balance this.

They do not want to punish anyone. They are doing it because of the media circus and the PR nightmare.

They must be furious with Smith for admitting it. If he had denied it, none of this would have happened.

Even Lehmann's completely implausible and ridiculous denial they will take at face value. But what can you do when idiots just admit it?

They want to punish as few people as possible, but at the same time everyone is guilty so if the punishment is too severe Warner/Smith will go the media and the courts and make this even worse for them.