That isn't what the first appeal found. They found that there was late movement of the tackled player thanks to the intervention of another England player. Presumably why the ref on the field gave a yellow, no?
True. But I bet a player playing for another team wouldn't have hired a highly expensive KC to argue his case. In 99 cases out of 100, the player would have taken his punishment, it's because he's England captain that the RFU flashed the cash.