Rousch-Fenway racing announced today that they were not going to appeal the Carl Edwards penalty for the oil tank violation that took place in Las Vegas a few weeks ago. President Geoff Smith explained why in a statement:
"We realize in the NASCAR system of penalty administration that simple negligence, by itself, is never sufficient grounds to overturn or reduce a penalty. Consequently, no appeal will be made."
If he had made that statement as recently as two weeks ago, I might have bought it. But the whole Robbie Gordon incident changed that entirely for me. I have been blogging all along that the NASCAR Commission had set a new precedent, where intent was now very much part of the formula. His 'oops, we didn't mean to' defense gave him back the 100 points as well as the six race suspension of crew chief Frank Kerr overturned.
In fact, the commission, which many have accused as being merely a 'rubber stamp' for NASCAR, has faced 102 appeals since 1999 and only upheld 68 of them. 24 had the penalties reduced, while 8 had them completely overturned.Two were actually increased, by the way.
So with Robbie Gordon successfully having his penalty decreased (despite the increase in the fine, its the points and crew chief suspension that really mattered), wouldn't it have made sense for Rousch Fenway to appeal? I mean, if it really was just a matter of negligence, like it was with Robbie Gordon, wouldn't it have made sense to appeal? Not to mention the multiple similar violations in the Nationwide series that had the penalties decreased, appealing would have just made sense. Unless of course... you just happen to be guilty!
Based on the smoke and mirror show put on by Smith and Jack Rousch, the data from Toyota, and the general consensus in the garage that it was indeed intentional, it would seem that they know they dont stand much of a chance in an appeal. In fact, they have taken the route than many husbands caught cheating take - deny deny deny and just hope that your wife will eventually believe you.
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