Contrary to what a lot of people are saying, I don't think the FA really want to ban him. The Derby is the biggest match of the season so far and will be broadcast around the world. The FA will want the best players playing in what is one of the show-piece games of the season for the Premier League. If there's any legitimate grounds for us to say it should only have been a yellow I think they'd go along with it. Still think he'll get the 3 game ban though because the evidence looks pretty clear to me.
If they didn't want to ban him, why did they break their own rules to charge him?
"Off the ball incidents which are not seen at the time by the match officials are referred to a panel of three former elite match officials."
It wasn't off the ball and the match officials clearly saw it.