There's no underlying legal basis for Scott's position. A couple of quick thoughts:
- My guess is that the guy is smart enough to know that his praise of FM's character is not impactful with respect to whether or not FM cheats. My guess is that, to some extent, he is communicating via subtext - this is a good guy who has done a lot for the community, let's let this one slide.
- Don't shoot the guy for the grammatical errors. First of all, litigators are often less precise in their writing than transnational attorneys; but, more importantly, this is a pretty informal bit of writing. See the extraordinarily high number of typos in my posts on these boards. Also, sometimes you end up with verb-noun disagreements when people go back and tweak some of the clauses in their posts while in a hurry or on a mobile device.