

Good question. More probable than not in my view is a guess and not a worthy standard with what was at stake. In the Rose case and the other baseball cases, we used beyond a reasonable doubt because we knew that the judgement of the Commissioner had irreparable consequences for the life, fortune and reputation of the player or manager or owner.
You are absolutely wrong. The phrases “more probable than not” and “a preponderance of evidence” do not mean the same thing… not even close. For there to be a “preponderance of evidence” there actually has to be evidence. “More probable than not” carries the same legal weight as a hunch… none. There is no preponderance of evidence here. In fact it is the exact opposite… a complete absence of evidence.
John, you’ve got this exactly right. And might I add, the inflation rule isn’t uniformly enforced and is vocally disparaged by most quarterbacks. Almost anything could affect its pressure, particularly a Gronkowski spike or weak bladder. If it were so important, referees would check all and set aside any that didn’t seem right before and during game…