Would you blame them? The fact of the matter is Lou could, theoretically, recoup a pick and recoup Kovalchuk all in one. You guys do realize this right?
Let's say the league accepts the Devils pity appeal and the Devils retain their pick. Let's say Lou works some magic, tries to toss the Sens into this mess (which isn't a Lou thing to do), finds other comparable contracts, argues vehemently and wins.
Now fast forward to next year. Kovalchuk's mom passes/gets better. He apologizes to the entire NHL. Says he'll come back to the NHL and will only play for the Devils to honor his commitment. Lou, with the clout he has around the league, would quite easily convince the other GMs in this league to let him come back. And if not, worst case, he comes back at an age where other stars still perform?
So the Devils can potentially get - 1) out of that horrid contract, 2) a top 5 pick, 3) and Ilya Kovalchuk.
No one is going to help Lou or the Devils. The entire Kovalchuk situation was shady. It looks shady. Step back and look at the structure of that contract. You're going to tell me Lou didn't know he was leaving? You're going to tell me that it's just a coincidence we avoided major penalties?