Tom Brady's Suspension Appeal News

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nomster

Member
I believe that any non-partial judge would handle this case the same way. It's clear that Goodell overreached on the punishment.
Yep. This judge even seems to be taking the Wells Report science on the balls being deflated as fact, not something a judge biased towards the nflpa would do.
 

Cybit

FGC Waterboy
But Brady and his lawyers are specifically fighting the "refusal to cooperate" part - why would they accept that? Plus Goodell's "negotiation" to Brady was to accept the entire Wells report - yeah that ain't happening. Berman might be a superstar, but he's got his work cut out for him. No way either side is backing down.

A) Kessler opened the door for compromise specifically on the cooperation part by telling the judge Brady could have reacted better

B) to steal andrew brandt-ese; deadlines drive action.

C) Berman sufficiently wants to strangle both sides that I think he can make them compromise.
 

DrForester

Kills Photobucket
I don't see Brady accepting any suspension. I think it would he hard pressed to even try and keep the fine on him. The NFL should be happy Brady's camp isn't demanding a full apology for the lies and misinformation that came out of the NFL offices.
 

ParityBit

Member
The judge believes Brady would be innocent in a court of law; hence his comment about "finding". The problem for Brady is that the NFL never said Brady was directly telling his subordinates to deflate the balls. They said he was "generally aware"; which has a much lower standard of proof - one that the judge appears to agree with .

Where does he agree with it?? Actually he doesn't. The NFL also stated in their initial papers that Brady orchestrated it, which is why the Judge asked about meetings? Any proof? The NFL overstated and doubled down. Funny how you fight this. Unfortunately the precedence was set where it was concluded the initial investigation, see Wells report is considered part of the process that is being tried. This is so enjoyable now. Especially when the haters squirm.
 
Where does he agree with it?? Actually he doesn't.


It's not about whether he agrees though. If I'm understanding correctly, the judge could end up believing:

1. The balls were not deflated in the first place
2. Hypothetically, if the balls were deflated there would be no direct evidence of Brady's involvement
3. Hypothetically, if the balls were deflated the destruction of the phone would be poor indirect evidence because the privacy explanation is very reasonable. Moreover, Brady provided a list of all calls which the NFL did not follow up on. Merely running a word search on Brady's phone would result in irrelevant private messages being disclosed. But if the NFL followed up on the call list they could have gotten messages from relevant parties (many of which they already had).

And still rule in favor of the NFL as long as Goodell's decision has a basis in the CBA.
 

vikki

Member
However, the judge didn't challenge the NFL on the argument that Goodell has the authority to lay down this punishment via CBA, and deliberately noted that Brady almost certainly knew he was throwing deflated balls. So Brady is being told that the judge is calling bullshit on his "the balls weren't deflated / I didn't know" argument.

I missed this. I thought that the Judge was rejecting the idea that Brady was generally aware.
 

ParityBit

Member
It's not about whether he agrees though. If I'm understanding correctly, the judge could end up believing:

1. The balls were not deflated in the first place
2. Hypothetically, if the balls were deflated there would be no direct evidence of Brady's involvement
3. Hypothetically, if the balls were deflated the destruction of the phone would be poor indirect evidence because the privacy explanation is very reasonable. Moreover, Brady provided a list of all calls which the NFL did not follow up on. Merely running a word search on Brady's phone would result in irrelevant private messages being disclosed. But if the NFL followed up on the call list they could have gotten messages from relevant parties (many of which they already had).

And still rule in favor of the NFL as long as Goodell's decision has a basis in the CBA.

People have been assuming the process revolves around the arbitration, it does not, it also includes the investigation, which has taken the NFL by surprise, as well as impartial lawyers. The questions and comments by the judge pointed to this being the case.
 

ParityBit

Member
According to Michael McCann, the judge can vacate based on evidence.

@BrianJHughesEsq @msullivan655 @DaleEArnold Yes as there the process could not have been acceptable since there would be nothing to process.
 

Vandiger

Member
have they arrested Brady yet?

whats taking them so long

At least fine his ass so they can repay all the time wasted on this court hearing. The only people who care about Brady are spoiled arrogant pat fans. After watching Jimmy G play, I can see why Pat fans are kinda scared about being a loser franchise again.
 

DrForester

Kills Photobucket
At least fine his ass so they can repay all the time wasted on this court hearing. The only people who care about Brady are spoiled arrogant pat fans. After watching Jimmy G play, I can see why Pat fans are kinda scared about being a loser franchise again.

There are non pats fans who care, because if the NFL wins this, precedence is set that the NFL can go after any team, any player, for any reason (real or imagined) and lay down whatever fine and penalty they want, regardless of what they've done in the past.
 
At least fine his ass so they can repay all the time wasted on this court hearing. The only people who care about Brady are spoiled arrogant pat fans. After watching Jimmy G play, I can see why Pat fans are kinda scared about being a loser franchise again.

YEah, non Pats fans just assumed he was guilty even before the Wells Report confirmed nothing and fell apart under scrutiny.
 

ParityBit

Member
At least fine his ass so they can repay all the time wasted on this court hearing. The only people who care about Brady are spoiled arrogant pat fans. After watching Jimmy G play, I can see why Pat fans are kinda scared about being a loser franchise again.

Wow. Yeah an innocent guy (said so under oath) is wasting court time. I hope you get accused of something you didn't do.
 
At least fine his ass so they can repay all the time wasted on this court hearing. The only people who care about Brady are spoiled arrogant pat fans. After watching Jimmy G play, I can see why Pat fans are kinda scared about being a loser franchise again.
Is this a parody of a post? Can you link me??
 

Xenus

Member
So the NFLPA papers filed tonight DESTROYED the NFL.

I'm sorry I'm very unimpressed with NFLPA of late. Players that are liked are defended even when in the wrong while players that aren't popular get screwed over by the league and the NFLPA never says a peep. The NFLPA shouldn't be a freaking popularity contest.
 

KHarvey16

Member
I'm sorry I'm very unimpressed with NFLPA of late. Players that are liked are defended even when in the wrong while players that aren't popular get screwed over by the league and the NFLPA never says a peep. The NFLPA shouldn't be a freaking popularity contest.

That's pretty irrelevant to the content of the brief they just filed, which is pretty impactful by all accounts.
 

Cybit

FGC Waterboy
According to Michael McCann, the judge can vacate based on evidence.

@BrianJHughesEsq @msullivan655 @DaleEArnold Yes as there the process could not have been acceptable since there would be nothing to process.

That's the part that has caught the NFL off guard; as the lawsuit was supposed to have nothing to do with the evidence of deflategate. Its a pretty slick move by the judge, because it was the only way to put actual fear into the NFL that they might lose (and gives the judge an out of not wrecking the CBA if he rules in favor of Brady)

Link?

Never mind, I'm reading Dan Wallach and Gabe Feldman's tweets now. Kessler is a badass.

Kessler DA GAWD. Always has been, always will be.
 

Gigglepoo

Member
I'm sorry I'm very unimpressed with NFLPA of late. Players that are liked are defended even when in the wrong while players that aren't popular get screwed over by the league and the NFLPA never says a peep. The NFLPA shouldn't be a freaking popularity contest.

What cases are you talking about specifically? The NFLPA fought hard (and won) defending the likes of Ray Rice and Greg Hardy, two of the most loathsome men to play in the NFL in recent memory. Which players didn't the NFLPA help?
 

hom3land

Member
NFL's argument is going to be basically

aNlkMvx.jpg
 

vikki

Member
Soooo, it looks like Brady will get off on a few technicalities, regardless of how flimsy the case was to suspend him in the first place?
 

KHarvey16

Member
Soooo, it looks like Brady will get off on a few technicalities, regardless of how flimsy the case was to suspend him in the first place?

The quality and breadth of the report is important to their argument and cited specifically more than once. Really none of what the players association is arguing should be classified as a technicality.
 

msdstc

Incredibly Naive
I'm sorry I'm very unimpressed with NFLPA of late. Players that are liked are defended even when in the wrong while players that aren't popular get screwed over by the league and the NFLPA never says a peep. The NFLPA shouldn't be a freaking popularity contest.

At the end of the day roger doesn't follow due process whatsoever. He spins and calculates leaks to demonize players/teams and basically makes it a PR contest. Brady is likely guilty in this case, who knows, however the way this has been handled further exposes roger as a power hungry fraud.
 

ParityBit

Member
At the end of the day roger doesn't follow due process whatsoever. He spins and calculates leaks to demonize players/teams and basically makes it a PR contest. Brady is likely guilty in this case, who knows, however the way this has been handled further exposes roger as a power hungry fraud.

Has nothing to do with being hungry. They have no case. No evidence. The only,place he will be called guilty is in public opinion. Let's even say patriot hater public opinion. You people can see ghosts wherever they want.
 

msdstc

Incredibly Naive
Has nothing to do with being hungry. They have no case. No evidence. The only,place he will be called guilty is in public opinion. Let's even say patriot hater public opinion. You people can see ghosts wherever they want.

I'm a massive tb12 fan, and I WANT him to be innocent, but let's be reasonable, the way he handled this and the texts, and Kraft accepting the punishment is tough to ignore. That being said I agree there was no case, and yes I think it has to do with his hunger for power. The CBA put him there. He lied about ray rice, he lied about bountygate, he lied about the psi and was CAUGHT admitting as much and refusing to recant. He is a scumbag, who childishly stomps his feet and says "SEE SEE I WAS RIGHT" even his proposal to accept the findings screams of that. He set himself up for amazing failure if he loses here.
 

rjc571

Banned
I'm a massive tb12 fan, and I WANT him to be innocent, but let's be reasonable, the way he handled this
Was exactly how any wrongly accused party would have handled such a ridiculous accusation
and the texts,
Are not incriminating in the slightest
and Kraft accepting the punishment
He had no recourse to do otherwise

Lets face it, you'd have to be a hardcore 9/11 truther style conspiracy theorist in order to believe that the Patriots and Tom Brady were behind some secret plot to gain a competitive advantage by deflating footballs by an indiscernible amount.. There's zero motive and zero evidence to suggest that they ever have done or ever would do such a thing.
 

msdstc

Incredibly Naive
Was exactly how any wrongly accused party would have handled such a ridiculous accusation

Are not incriminating in the slightest

He had no recourse to do otherwise

Lets face it, you'd have to be a hardcore 9/11 truther style conspiracy theorist in order to believe that the Patriots and Tom Brady were behind some secret plot to gain a competitive advantage by deflating footballs by an indiscernible amount.. There's zero motive and zero evidence to suggest that they ever have done or ever would do such a thing.

Uhh no you wouldn't. The ravens knew they would get in trouble, suppose that's a coincidence. McNally going to the bathroom telling investigators he used the urinal when there was none in the bathroom. The text about "not going to ESPN.... Yet", " can't wait to give u the needle" "he knows it must be a lot of stress getting them done". Sure its circumstantial, but its an embarrassing stretch to say you'd have to be a 9/11 truther and straight insulting.
 
I read the NFLPA's filing, but I have not seen the NFL's filing anywhere yet. It helps that the Kessler filing is double-spaced and Kessler is an excellent writer.
 

hom3land

Member
Uhh no you wouldn't. The ravens knew they would get in trouble, suppose that's a coincidence. McNally going to the bathroom telling investigators he used the urinal when there was none in the bathroom. The text about "not going to ESPN.... Yet", " can't wait to give u the needle" "he knows it must be a lot of stress getting them done". Sure its circumstantial, but its an embarrassing stretch to say you'd have to be a 9/11 truther and straight insulting.

Not going to ESPN... yet.. I always took as, he wasn't going to rat the other guy out for selling the pats clothing, shoes, signatures, etc that they were getting on the side.
 

msdstc

Incredibly Naive
Not going to ESPN... yet.. I always took as, he wasn't going to rat the other guy out for selling the pats clothing, shoes, signatures, etc that they were getting on the side.

Speculation reasonable speculation, as is reasonable to think someone called the deflator getting the needle who disappeared into a bathroom that hr apparently used the urinal in when a urinal wasn't in there. Im not suggesting tom is guilty and I anxiously await his interview on it, however its easy to see why those texts look bad. The conspiracy comparison is embarrassing.
 

rjc571

Banned
Uhh no you wouldn't. The ravens knew they would get in trouble, suppose that's a coincidence.
Or maybe they noticed that the footballs had less pressure the previous week because the game time temperature was around 20 degrees (which would have caused them to drop below 10 PSI)? Nah, that can't be it.
McNally going to the bathroom telling investigators he used the urinal when there was none in the bathroom.
And you remember the exact details of every piss you took 2 months ago?
The text about "not going to ESPN.... Yet",
Was in reference to Brady giving them signed memorabilia
" can't wait to give u the needle" "he knows it must be a lot of stress getting them done".
They were discussing how Brady got on their case about making sure the footballs weren't over inflated following the Jet game (during which the officials pumped them up to 16.0).

None of this give any impression that Tom Brady or anyone in the Pats organization wanted the footballs to be deflated in an illegal manner.
 

KHarvey16

Member
Speculation reasonable speculation, as is reasonable to think someone called the deflator getting the needle who disappeared into a bathroom that hr apparently used the urinal in when a urinal wasn't in there. Im not suggesting tom is guilty and I anxiously await his interview on it, however its easy to see why those texts look bad. The conspiracy comparison is embarrassing.

The problem is there is absolutely no evidence the balls were ever deflated, and in fact the evidence that was gathered points to deflation not being possible if analyzed properly.
 

msdstc

Incredibly Naive
Or maybe they noticed that the footballs had less pressure the previous week because the game time temperature was around 20 degrees (which would have caused them to drop below 10 PSI)? Nah, that can't be it.

And you remember the exact details of every piss you took 2 months ago?

Was in reference to Brady giving them signed memorabilia

They were discussing how Brady got on their case about making sure the footballs weren't over inflated following the Jet game (during which the officials pumped them up to 16.0).

None of this give any impression that Tom Brady or anyone in the Pats organization wanted the footballs to be deflated in an illegal manner.

Uhh it wasn't 2 months though was it? And yes I remember what my WORK bathroom is like absolutely, in fact I remember the bathrooms at my old schools, the bathrooms at Fenway and giellette, its not difficult, does it have a urinal, yes or no.

Again I'm not saying definitively one way or another I've made that clear. Its stupid to call people ridiculous to question the details though, both sides are filling in blanks, the guilty camp and the not guilty camp. The haters are far from objective neither are pats fans.
 

Quotient

Member
Uhh it wasn't 2 months though was it? And yes I remember what my WORK bathroom is like absolutely, in fact I remember the bathrooms at my old schools, the bathrooms at Fenway and giellette, its not difficult, does it have a urinal, yes or no.

Again I'm not saying definitively one way or another I've made that clear. Its stupid to call people ridiculous to question the details though, both sides are filling in blanks, the guilty camp and the not guilty camp. The haters are far from objective neither are pats fans.

The Wells report made it clear that in 2014 season the Patriots would only have been able to deflate footballs in 7 of their home games - and it is not certain that any deflation happened in those games.

As sensitive as quarterback's are for their footballs, it just seems odd that Brady would be okay to play 9 games a year with footballs in their legal range and a potential 7 games with them below regulation.
 
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