The report relies on the increased level of communications between Mr. Brady and Mr. Jastremski in the days following the AFC Championship Game even though these communications show no knowledge of football tampering. As fully explained to the investigators, there were several readily understandable reasons for increased communications between Mr. Brady and Mr. Jastremski in the days following the AFC Championship Game.
First, the media frenzy over deflated footballs started the day after the AFC Championship Game. Mr. Brady is used to the limelight and to critics; Mr. Jastremski is not. Since Mr. Jastremski prepared the footballs, it was reasonable to expect that this media attention would focus on him. It was also reasonable to expect that (as happened) Mr. Jastremskis boss would question Mr. Jastremski to see what, if anything, he knew. Mr. Bradys reaching out to Mr. Jastremski to see how he was holding up in these circumstances is not only understandable, but commendable.
Second, the team had just won the AFC Championship and was headed to the Super Bowl. Footballs needed to be prepared for the Super Bowl. Since this was Mr. Jastremskis first Super Bowl experience since assuming the role as game football preparer, it is not surprising he and Mr. Brady spoke a lot about football preparation during the days after the AFC Championship Game. Issues that they needed to discuss included: how footballs would be prepared (there were several different ways used for preparation during the season, sometimes dependent on weather); how many more than the required number for the game should be prepared so that, as he always does, Mr. Brady could select game footballs from among a larger number of prepared footballs; when, if at all, would the footballs be available in Foxborough for practice; when were they to be sent to Arizona; when would they be available for use in practice in Arizona; etc. All of these discussion topics were triggered by winning the AFC Championship and needed to be dealt with in the days following that win.
The investigators could have inquired of the Patriots former employee whose responsibility included preparing game balls whether his communications with Mr. Brady had increased during the time period leading up to the prior Super Bowls. They did not.
In short, increased Brady-Jastremski communications in the days following the AFC Championship Game do not make it more likely than not that there was any wrongdoing or knowledge of wrongdoing. They are totally consistent with complete innocence. It is only speculation to conclude otherwise. Nonetheless, it forms part of the reports stated rationale for its findings against Mr. Brady.
