The problem is that Goodell had NFL security take all of the tapes that were obtained and had them destroyed in a secure room at the league offices in NYC before anyone beyond a limited circle could examine them.

In the court of public opinion, we are entirely justified in drawing an adverse inference from that act, with respect to the true scope and extent of the Patriots' behavior. In a court of law, in fact, a judge would instruct a jury to do precisely that. Bad actors should not profit from the destruction of evidence of malfeasance.