Tom Brady's Suspension Appeal News

Status
Not open for further replies.
Why on earth would the Federal Court get involved in a football player being suspended?

What an embarrassment.

Why wouldn't they if he has a case? Would you willingly light millions of dollars on fire without fighting for it? I think sometimes people forget that leagues are businesses and we're talking serious $.
 
Trump still salty over the USFL.

That's the solution to Brady's problem. Sue for Antitrust violations and win a $1(that gets tripled).


Anyway, it doesn't matter why he destroyed his phone. Hide Evidence or prevent other stuff(nekked pics, evidence of infidelity or whatever) from leaking. That action should not be punishable.
 
https://twitter.com/rapsheet/status/626099162858307585

Sounds like the thing an innocent man would do.

PatsForce has an explanation for this as well, including that it's normal for celebrity athletes to destroy phones because of dick selfies. I am not kidding either.

However PatsForce usually deals with this by avoiding it and concentrating on the science in the report. Because most PatsForce are now experts in pneumatics, relative humidity and thermodynamics.
 
Why on earth would the Federal Court get involved in a football player being suspended?

What an embarrassment.

They don't want to get involved. They can only really rule on whether or not the NFL had the authority under their contract with NFLPA to do what the NFL did.
 
Brady's agent Don Yee released a statement. I found this snippet interesting:



Ignoring the obvious bias in Yee's statement I am curious what this electronic data is.

It has been during this whole saga the first released information never fully represents the entire picture and i suspect we will hear more and more about this.

That is the most interesting part of his statement because really that data doesn't mean shit if they didn't turn over what the league was asking for.

This whole case has just been PR statement after PR statement, can't wait for this to be in federal court to see what really happened.
 
That is the most interesting part of his statement because really that data doesn't mean shit if they didn't turn over what the league was asking for.

This whole case has just been PR statement after PR statement, can't wait for this to be in federal court to see what really happened.

it is also interesting to note that Brady's team asked for records from Wells and was turned down due to client-attorney privilege. That puts a big question mark over the 'independent' aspect of the investigation.
 
Got a source on this.

It was from Don Yee's response.

Here is his response in full. I bolded the part about 'independent investigation'

The Commissioner's decision is deeply disappointing, but not surprising because the appeal process was thoroughly lacking in procedural fairness.

Most importantly, neither Tom nor the Patriots did anything wrong. And the NFL has no evidence that anything inappropriate occurred.

The appeal process was a sham, resulting in the Commissioner rubber-stamping his own decision. For example, the Wells investigative team was given over 100 days to conduct its investigation. Just days prior to the appeal hearing, we were notified that we would only have four hours to present a defense; therefore, we didn't have enough time to examine important witnesses. Likewise, it was represented to the public that the Wells team was ‘independent'; however, when we requested documents from Wells, our request was rejected on the basis of privilege. We therefore had no idea as to what Wells found from other witnesses, nor did we know what those other witnesses said.

These are just two examples of how the Commissioner failed to ensure a fair process.

Additionally, the science in the Wells Report was junk. It has been thoroughly discredited by independent third parties.

Finally, as to the issue of cooperation, we presented the Commissioner with an unprecedented amount of electronic data, all of which is incontrovertible. I do not think that any private citizen would have agreed to provide anyone with the amount of information that Tom was willing to reveal to the Commissioner. Tom was completely transparent. All of the electronic information was ignored; we don't know why. The extent to which Tom opened up his private life to the Commissioner will become clear in the coming days.

The Commissioner's decision and discipline has no precedent in all of NFL history. His decision alters the competitive balance of the upcoming season. The decision is wrong and has no basis, and it diminishes the integrity of the game.
 

That's a bad thing for Brady gata. The CBA clearly gives Goodell that power.

Not a single game.

To get an injunction which would delay the decision and the suspension, Brady would need to prove to the courts that the case is just a formality, he has an overwhelming chance to win it and therefore it's unjust for him to be punished now. That's clearly not the case, sorry. He's going to be out all four games, and the federal case will be meaningless.
 
That's a bad thing for Brady gata. The CBA clearly gives Goodell that power.



To get an injunction which would delay the decision and the suspension, Brady would need to prove to the courts that the case is just a formality, he has an overwhelming chance to win it and therefore it's unjust for him to be punished now. That's clearly not the case, sorry. He's going to be out all four games, and the federal case will be meaningless.
I just wanted to let people know its not about if Brady is innocent or not.
 
That's a bad thing for Brady gata. The CBA clearly gives Goodell that power.



To get an injunction which would delay the decision and the suspension, Brady would need to prove to the courts that the case is just a formality, he has an overwhelming chance to win it and therefore it's unjust for him to be punished now. That's clearly not the case, sorry. He's going to be out all four games, and the federal case will be meaningless.

Zero.
 
Yea was confused about the "client-attorney privilege" part, but you just added that in.

Sorry i should have posted Don Yee's statement in full.

Perhaps someone with more legal knowledge can clarify, but any legal action by Brady will about the process and not necessarily about Brady's guilt or innocence. Therefore it wouldn't include any of Brady's communication, or for that matter any of the contents of the Wells report.
 
Here is the NFLPA's response:

The Commissioner's ruling today did nothing to address the legal deficiencies of due process. The NFL remains stuck with the following facts:

The NFL had no policy that applied to players;
The NFL provided no notice of any such policy or potential discipline to players;
The NFL resorted to a nebulous standard of "general awareness" to predicate a legally unjustified punishment;
The NFL had no procedures in place until two days ago to test air pressure in footballs; and
The NFL violated the plain meaning of the collective bargaining agreement.
The fact that the NFL would resort to basing a suspension on a smoke screen of irrelevant text messages instead of admitting that they have all of the phone records they asked for is a new low, even for them, but it does nothing to correct their errors.

The NFLPA will appeal this outrageous decision on behalf of Tom Brady.

https://www.nflpa.com/news/all-news/nflpa-statement-on-tom-brady-s-four-game-suspension
 
I've never been involved in a case of this magnitude, but I've seen many injunctions given on much flimsier arguments. If sought, I think it's likely granted.

Sucks because, although I agree he should be suspended and was happy it was upheld, I'm already tired of hearing about it. It's going to dominate NFL news and take away focus from what will surely be a historic season for the Colts as they cruise to a superbowl victory.
 
I love how the NFLPA acts like they had no say in how the NFL is structured in these discipline matters.

The current CBA allows Goodell to be judge, jury, and executioner, and yes the NFLPA did agree to it but it is far from fair.

Is the NFLPA insinuating that the NFL didn't ask for Brady's cell phone text message records?

The NFLPA and Brady's team are alleging they gave a lot of electronic data to the NFL - we don't know what the data is.
 
The collective bargaining agree states a neutral arbitrator is to be appointed, Goodell is not neutral. That goes against the agreement.


That chances of this being reduced or overturned in court are slim. Goodell was given the authority to do this through the collective bargaining agreement, so the NFLPA takes a ton of blame here. Also, courts typically don't like to intervene into instances that were collectively bargained. He's basically being suspended for failing to cooperate and destroying the phone, so they don't even have to prove that he cheated or knew about cheating



The arbitrator says they have to be neutral, Goodell is no way shape or form neutral party, he's the one who pushed to suspend him.
 
This is great.

Pats totally made Brady the fall guy. 0% chance that belicheck didn't know what was going on from the start.



I'm actually thinking that the players association set this up to get it to court to try to overturn some of the concessions they made in the bargaining agreement especially since it looks like Goodell took it upon himself to be the "neutral" arbitrator.
 
The collective bargaining agree states a neutral arbitrator is to be appointed, Goodell is not neutral. That goes against the agreement.






The arbitrator says they have to be neutral, Goodell is no way shape or form neutral party, he's the one who pushed to suspend him.

http://www.si.com/nfl/2015/07/27/tom-brady-nflpa-deflategate-suspension-federal-court

The NFL would first maintain that Brady should complain to his union for agreeing to give Goodell the authority that lies at the heart of Brady’s legal theory. According to Article 46 of the CBA, Goodell enjoys sweeping discretion to hear player appeals over personal conduct matters. Article 46 also does not obligate Goodell to be neutral or impartial when he acts in the capacity of a hearing officer. In fact, there is no language in Article 46 that references impartiality—unlike Article 16, which contemplates an impartial arbitrator for other types grievances. Goodell presiding over Brady’s appeal does not appear to break any actual rule negotiated by the NFL and NFLPA.
 
The NFL's CBA is terrible for the star players. Look how much Baseball and BBall players get compared to them.

The NBA deal isn't much better, the players really got worked over in the last deal - next year is their chance to get vengeance. I hope they do too.
 
Because it wouldn't have mattered. Look at this thread. People are just happy it happened to the Patriots. They don't care that the "evidence" is shit and the science is worse. All they care is that the Patriots are being punished. Noting in this thread would have changed if he has handed over print copies.

It's just like Republicans and Benghazi. They just want to punish someone. Justice isnt a factor.

As someone who cares jack about football, I care because they tried to cheat. I don't care if their method would've worked, I just think crap like this shouldn't be tolerated. What I see here and in other places are a bunch of children throwing a fit because their team is being punished for attempting to cheat in a stupid manner. If it was any other team the only thing that would change would be the source of the salt.
 
Status
Not open for further replies.
Top Bottom