I think I may have figured out the logical reason for how we structured the Carriker contract:
Redskins and Cowboys file grievance against NFL; Giants’ owner unintentionally helps them out | Shutdown Corner - Yahoo! Sports
If you read the parts that quote Halsell, what we did with Haynesworth and Hall in 2010 -- and what we were punished for -- is simply a greater scale version of what we just did with Carriker following the salary cap penalties. The argument that the league approved the deals in 2010, then approved the Carriker deal in 2012, strengthens the Redskins position that the tactic wasn't shady then, and isn't now.
The practical application isn't the same at all. But if we're going to fight to get the space back, using that technique again in a capped year makes a lot of sense to build a case.