This argument makes no sense. They seem to be saying that cheating is ok if after the fact it's determined that you would have probably won anyway. If someone gets found at a poker table with a ace up their sleeve it really doesn't matter than their pair of nines would have beaten the opponants pair of sevens. That cheater would get pummeled (or possibly worse)and rightfully so. If the Pats get away with this then NFL football has absolutely no credibility anymore - it will have become the equivilent of pro wrestling.
“equivilent of pro wrestling”
It crossed that Rubicon a while back.