Tom Brady's Suspension Appeal News

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braves01

Banned
CMOYcQ4WoAA2MT-.jpg

He looks kinda like the alien from one missed call.
 

ParityBit

Member
Exactly. Kind of a surprising stance to take. It would be difficult to imagine a scenario in which the equipment managers knew of Brady's preference without Brady giving them implicit directions to deflate footballs.

I honestly do not care if balls were deflated. I just think the punishment was way too harsh given how the league has reacted to this issue for the first hundred years the NFL existed.

It just struck me as odd that the lawyer would all but concede there was equipment tampering, especially considering there's no evidence saying that such a violation occurred.

I disagree.

Example:

You are a programmer and your boss came storming into your office swearing and saying some code had to be done right and immediately and then stormed out, would you take that as you better get it fucking done?

Now if said programmer went online and plagiarized the code to get it done and right, is it the boss who told them to go do it? Or did the programmer do it to settle the boss down? As a side note, wouldn't said programmer text to his co-worker saying how much of a fucking prick his boss is? How he could take the code and shove it where the sun doesn't shine and next time he will find the most obtuse, un-maintanable, piece of infected bloatware he could find?!

I can easily see this happen over some giant conspiracy. We never look for obvious answers do we though?
 

Arc

Member
I can't believe I'm about to agree with Felger but...

If the NFL won't talk settlement unless Brady accepts the Well's Report (which never happens in settlements as many legal experts have pointed out) then it should be no surprise that Berman attached the report and the lack of evidence today.
 

Spinluck

Member
I can't hear you .... too much pumped in noise in your stadium sound system.

This is not fair, most of our fans are old white people who cannot yell to save their lives. We are doing them a service by giving them some crowd help, even then we do not reach the heights of some of the loudest stadiums in the league. Please have respect and consideration for your elders in the future before posting this nonsense. We would not want grandma to blow her lungs out over a Luck interception now would we?

So much shit posting in this thread...

My voice deserves to be heard
 

JABEE

Member
NFL QB is one of the most powerful positions in the league.

Star Franchise NFL QB have even greater power.

To believe that two equipment guys were tampering with Brady's balls without his permission is ridiculous.

To pretend that Brady was ignorant or not keenly aware of what was going on with the instruments he uses to perform his job, for which Brady along with Manning lobbied the league to control, is preposterous. It's a joke argument.

Brady could win this, but only because Roger Goodell and the NFL are equally buffoonish cheats that hold the same amount of care for the integrity of the game of football as the New England Patriots.

The NFL punted away their moral high ground when they let the Patriots play in the sham bowl in February. Taking the same course of inaction they took when the Patriots cheated their way to three Super Bowls in the early 2000s.

Always too little too late or not at all. A league that covered up the Ray Rice incident, and burned all evidence that could be retrieved in SpyGate.

The commissioner deserves the same fate as Belichick, Kraft, and Brady. Banishment.
 
NvFr6jl.png


One of Brady's hundreds of personal emails that was released to the press was an exchange between him and his father (or family friend?) talking about a football documentary or book that came out about Brady, Peyton Manning, and Belichick, and in a private email to his father, Brady said something along the lines of, "I've got another 7 or 8 years left, [Manning] has 2."

Peyton Manning said today that Brady reached out to him and apologized for the remark.

http://www.bostonglobe.com/sports/2...-email-barb/xlUm5oLJ0iqlU870dgNPiI/story.html

Tom Brady is such a nice guy.

Peyton Manning says Tom Brady apologized to him — unnecessarily — after taking a shot at him in recently released emails.

Brady’s exchange with a childhood friend was contained in documents released as part of the NFLPA’s lawsuit on behalf of Brady seeking to quash his four-game suspension.

In it, Brady wrote: ‘‘I’ve got another 7 or 8 years. He has 2.’’

Manning said after Wednesday’s practice that Brady was just joining the public conversation speculating about when he’ll retire.

Manning added: ‘‘Hey, Tom sent me an apology text that was unnecessary. ... No harm, no foul.’’

(BostonGlobe is a limited paywall so copied most parts of the articlE)
 
NFL QB is one of the most powerful positions in the league.

Star Franchise NFL QB have even greater power.

To believe that two equipment guys are tampering with Brady's balls without his permission is ridiculous.

To pretend like Brady is ignorant or not keenly aware of what is going on with the instruments he uses to perform his job, that Brady along with Manning lobbied the league to control more is preposterous. It's a joke argument.

Brady could win this, but only because Goodell and the NFL are also buffoonish cheats that share the same care amount of care for the integrity of the game of football.

The NFL punted away their moral high ground when they let the Patriots play in the sham bowl in February. Taking the same course of inaction they took when the Patriots cheated their way to three Super Bowls in the early 2000s.

Always too little too late or not at all. A league that covered up the Ray Rice incident, and burned all evidence that could be retrieved in SpyGate.

The commissioner deserves the same fate that Belichick, Kraft, and Brady deserve; banishment.

JABEE posts are always the best in all football threads. Never change.
 

Ha! This got me :)

"Free Brady" btw.

I think Brady gets off with zero games, and not even a fine. But supposedly they're still negotiating behind closed doors, so who knows.



The commissioner deserves the same fate as Belichick, Kraft, and Brady. Banishment.

That's right! If you can't beat 'em, get rid of 'em! ;)

This is a heel vs heel match. I really don't care that Pats are the villains of the league; they're still my team. They're the lightning rod, and always keeps things interesting.

But if the Pats are the Decepticons of the league, then Goodell and the NFL office are straight up Unicron. And nobody roots for Unicron, right?
 
I wouldn't think Brady will get off without punishment. I did think that months ago when this came out, but every conclusion has surprised me. Kraft bending over, the time it takes, the report, the punishment, the appeal holding up, I've been surprised at every turn, so I'm expecting to be surprised again.

I think the settlement hinges on weather Brady admits guilt or not. If the NFL drops that expectation then I think Brady will take a reduced suspension and move on.
 

DrForester

Kills Photobucket
NFL really should take whatever settlement that doesn't require them to apologize for all the lies and false leaks about Brady.
 

Troy

Banned
I wouldn't think Brady will get off without punishment. I did think that months ago when this came out, but every conclusion has surprised me. Kraft bending over, the time it takes, the report, the punishment, the appeal holding up, I've been surprised at every turn, so I'm expecting to be surprised again.

I think the settlement hinges on weather Brady admits guilt or not. If the NFL drops that expectation then I think Brady will take a reduced suspension and move on.

Brady will never willingly take a reduced suspension.
 

Cybit

FGC Waterboy
Not even close. He is going outside of the "procedural" case which only happens if one side is far off base. This was a great start for Brady.

The judge has said repeatedly, before today, and during today, that the NFL and NFLPA need to come to an agreement on their own. Don't think he won't wreck Brady and Kessler soon enough.
 

DrForester

Kills Photobucket
The judge has said repeatedly, before today, and during today, that the NFL and NFLPA need to come to an agreement on their own. Don't think he won't wreck Brady and Kessler soon enough.

Wreck them with that? The investigation was a joke. There's not a shred of evidence implicating Brady, and the level of punishment if far outside punishment for similar cases where they KNOW what happened.
 

Cybit

FGC Waterboy
Wreck them with that? The investigation was a joke. There's not a shred of evidence implicating Brady, and the level of punishment if far outside punishment for similar cases where they KNOW what happened.

The problem is that the CBA, as currently written, gives Goodell completely ridiculous punishment powers. Brady's argument could be air-tight; but for a federal court, they are very, VERY reticent to overrule the bargaining agreement set by the players and the NFL. The fact that this has even gone to court is an idea of how far Goodell has gone insane - but the CBA basically makes him Judge Jury and Executioner when it comes to non-pre defined punishments.
 

KHarvey16

Member
The problem is that the CBA, as currently written, gives Goodell completely ridiculous punishment powers. Brady's argument could be air-tight; but for a federal court, they are very, VERY reticent to overrule the bargaining agreement set by the players and the NFL. The fact that this has even gone to court is an idea of how far Goodell has gone insane - but the CBA basically makes him Judge Jury and Executioner when it comes to non-pre defined punishments.

People keep repeating this, but the claims the NFLPA are making are that he didn't follow the CBA or appropriate precedent.
 

Cybit

FGC Waterboy
People keep repeating this, but the claims the NFLPA are making are that he didn't follow the CBA or appropriate precedent.

The ONLY thing saving Goodell's butt right now is that there's no specific precedent for this punishment on a player; only a team. What got Ray Rice and Greg Hardy overruled was that there had been multiple domestic violence charge-based punishments of 2 games for some time (its why Rice's initial punishment was 2 games) in the NFL. The NFLPA argument is that based on the team punishment; the player punishment is excessive. But; one has CBA agreements and one doesn't (I think a NFL team actually can't sue the NFL for punishments due to terms they sign when they join the NFL).
 

msdstc

Incredibly Naive
The ONLY thing saving Goodell's butt right now is that there's no specific precedent for this punishment on a player; only a team. What got Ray Rice and Greg Hardy overruled was that there had been multiple domestic violence charge-based punishments of 2 games for some time (its why Rice's initial punishment was 2 games) in the NFL. The NFLPA argument is that based on the team punishment; the player punishment is excessive. But; one has CBA agreements and one doesn't (I think a NFL team actually can't sue the NFL for punishments due to terms they sign when they join the NFL).

No there is though... Jets incident is the exact same thing.
 

KHarvey16

Member
The ONLY thing saving Goodell's butt right now is that there's no specific precedent for this punishment on a player; only a team. What got Ray Rice and Greg Hardy overruled was that there had been multiple domestic violence charge-based punishments of 2 games for some time (its why Rice's initial punishment was 2 games) in the NFL. The NFLPA argument is that based on the team punishment; the player punishment is excessive. But; one has CBA agreements and one doesn't (I think a NFL team actually can't sue the NFL for punishments due to terms they sign when they join the NFL).

No, look at the actual claims being made by the NFLPA. There have been cases mirroring this one and they make specific claims about the CBA not being followed during the process.
 

kmag

Member
People keep repeating this, but the claims the NFLPA are making are that he didn't follow the CBA or appropriate precedent.

Yes, but those claims are far weaker than the arguments about the strength of the NFL's case against Brady or lack thereof which are the stuff which is getting all the press. The Judge today came down hard on the NFL most likely because they're the side not moving towards an agreement (Brady's 'happy' to take a fine as long as there's some explanatory language saying it's due to the lack of cooperation, the NFL seems stuck on the suspension given out). The Judge gave the NFL a shot across the bows today to say don't think this is clear cut, presumably because although the Judge realises the case against Brady is pretty weak, he doesn't want to be in the position to overturn arbitration or to stick with a decision which is obviously flawed but may be legal under the CBA.

It's nowhere near as cut and dry as Petersen, I'd suggest you have a look at some of the legal commentary on Doty's decision and how much of a surprise it was that even a with a pretty compelling case that the NFLPA succeeded. It's that rare that a Federal court overturns Labor arbitration. Although the NFL CBA is a pretty terrible arbitration process as it essentially allows management to arbitrate, but more fools the NFLPA for agreeing to it.
 

Angry Grimace

Two cannibals are eating a clown. One turns to the other and says "does something taste funny to you?"
I'm never gonna understand the courtroom sketch guy
 

KHarvey16

Member
Yes, but those claims are far weaker than the arguments about the strength of the NFL's case against Brady or lack thereof which are the stuff which is getting all the press. The Judge today came down hard on the NFL most likely because they're the side not moving towards an agreement (Brady's 'happy' to take a fine as long as there's some explanatory language saying it's due to the lack of cooperation, the NFL seems stuck on the suspension given out). The Judge gave the NFL a shot across the bows today to say don't think this is clear cut, presumably because although the Judge realises the case against Brady is pretty weak, he doesn't want to be in the position to overturn arbitration or to stick with a decision which is obviously flawed but may be legal under the CBA.

It's nowhere near as cut and dry as Petersen, I'd suggest you have a look at some of the legal commentary on Doty's decision and how much of a surprise it was that even a with a pretty compelling case that the NFLPA succeeded. It's that rare that a Federal court overturns Labor arbitration. Although the NFL CBA is a pretty terrible arbitration process as it essentially allows management to arbitrate, but more fools the NFLPA for agreeing to it.

Do you know what the NFLPAs claims are? I don't think you're understanding their position.
 

DrForester

Kills Photobucket
The ONLY thing saving Goodell's butt right now is that there's no specific precedent for this punishment on a player; only a team. What got Ray Rice and Greg Hardy overruled was that there had been multiple domestic violence charge-based punishments of 2 games for some time (its why Rice's initial punishment was 2 games) in the NFL. The NFLPA argument is that based on the team punishment; the player punishment is excessive. But; one has CBA agreements and one doesn't (I think a NFL team actually can't sue the NFL for punishments due to terms they sign when they join the NFL).

There is precedent. Nothing happens to the player.
 

Cybit

FGC Waterboy
No there is though... Jets incident is the exact same thing.

Jets incident is the team doing it - in this case, they're saying that Brady is the one responsible.

No, look at the actual claims being made by the NFLPA. There have been cases mirroring this one and they make specific claims about the CBA not being followed during the process.

If this were not under the CBA - Brady would have no case. As much as everyone wanted Kraft to sue - he was not winning that lawsuit ever. The NFLPA's argument(s) (from what I read out of it) is that basically even as much power as the CBA gives Goodell; he went so far that it even bypasses those insane (by typical labor law standards) levels, and that the punishment difference between how teams are punished (see Jets) and how hard Brady is being punished (as a player) means that Goodell isn't following the CBA's verbiage on precedent. The reason Kessler is taking this case (besides the Brinks truck of money) is that Kessler thinks he can perma-wreck Goodell's punishment power in the CBA once and for all (I must admit, I love Kessler and I love how he fights for the players, so I am a bit blinded by Kessler love)

Goodell's argument is basically that a) the precedent doesn't apply because I'm punishing Brady as much for non-cooperation as I am deflating the balls, b) the CBA means I am King Goodell when it comes to punishment, and c) Brady was pissing me off and being a dick to me and flaunting the investigation. As terrible of an argument that is in the court of public opinion - legally it is still a pretty strong one - especially in light of Kessler admitting that Brady should have cooperated differently, and a sort of admittance that Brady didn't think it was worth cooperating because he didn't believe the punishment would be that bad.

Where the judge might light Kessler and Brady up is a) the phone being destroyed in direct response to the Wells request (PER KESSLER'S OWN ADMISSION), b) the admittance that Wells was being pretty damn reasonable when requesting data from Brady, c) Kessler admitting that Brady didn't really think it was a big deal and blew Wells off w/r/t the phone, d) the fairly damning (from the legal level of "50% chance or greater", which is all Goodell and the CBA require) level of circumstantial evidence. The texts and calls right after the game are pretty hard for Brady to argue.

A lot of the arguments that help Brady in the public eye (Wells probably not being independent, etc) aren't usable on a legal level (The CBA says nothing about an investigation being independent).

FYI: the reason they want the texts from Brady's phone is that it is not hard to forge texts from an incoming number on a given phone. IE; Brady could argue that the two Pats workers were faking the texts. However, with the data from Brady's phone, they would know if that is true or not. Because Brady's agreement with AT&T? has more privacy on the texts (for obvious reasons, ie celebrity / privacy); they can't just pull the texts from AT&T's servers and call it good like you would in most cases.
 

kmag

Member
Do you know what the NFLPAs claims are? I don't think you're understanding their position.

Yes I do actually. The Courts will approach it from the point of view that the agreed Labor arbitration is valid, the NFLPA will need to convince the Judge that it isn't. That's the point people keep making which you seem to fail to grasp.

Of course the NFLPA is arguing that Goodell breached the CBA, because given the way it's written he's got near absolute power as arbitrator. If there's no procedural breakdown then there's no case. There would literally be no argument, outside of a defamation case, without a claim that the CBA was not being adhered to, but that's pretty much the same in every Labor dispute where there is collective bargaining. The fact remains there's a fucking massive burden to pass for those cases in the Federal court system. Federal judges by and large stick with an arbitrated process even when it's pretty shoddy (although what's probably in the NFLPA's favor is that it's rare that fucking management is also the arbitrator that brings an inherent unfairness to proceedings but then NFLPA are the silly fuckers who agreed to it in the first place). I know you seem to dislike people saying that, but it doesn't make it any less true.
 

Cybit

FGC Waterboy
Do you know what the NFLPAs claims are? I don't think you're understanding their position.

I was explaining this to a friend from India yesterday; and the tl;dr version was "NFL wants to suspend Brady for being a dick, and believes CBA lets them do that. NFLPA thinks that isn't true. FIIIIGHT".
 

msdstc

Incredibly Naive
Jets incident is the team doing it - in this case, they're saying that Brady is the one responsible.



If this were not under the CBA - Brady would have no case. As much as everyone wanted Kraft to sue - he was not winning that lawsuit ever. The NFLPA's argument(s) (from what I read out of it) is that basically even as much power as the CBA gives Goodell; he went so far that it even bypasses those insane (by typical labor law standards) levels, and that the punishment difference between how teams are punished (see Jets) and how hard Brady is being punished (as a player) means that Goodell isn't following the CBA's verbiage on precedent. The reason Kessler is taking this case (besides the Brinks truck of money) is that Kessler thinks he can perma-wreck Goodell's punishment power in the CBA once and for all (I must admit, I love Kessler and I love how he fights for the players, so I am a bit blinded by Kessler love)

Goodell's argument is basically that a) the precedent doesn't apply because I'm punishing Brady as much for non-cooperation as I am deflating the balls, b) the CBA means I am King Goodell when it comes to punishment, and c) Brady was pissing me off and being a dick to me and flaunting the investigation. As terrible of an argument that is in the court of public opinion - legally it is still a pretty strong one - especially in light of Kessler admitting that Brady should have cooperated differently, and a sort of admittance that Brady didn't think it was worth cooperating because he didn't believe the punishment would be that bad.

Where the judge might light Kessler and Brady up is a) the phone being destroyed in direct response to the Wells request (PER KESSLER'S OWN ADMISSION), b) the admittance that Wells was being pretty damn reasonable when requesting data from Brady, c) Kessler admitting that Brady didn't really think it was a big deal and blew Wells off w/r/t the phone, d) the fairly damning (from the legal level of "50% chance or greater", which is all Goodell and the CBA require) level of circumstantial evidence. The texts and calls right after the game are pretty hard for Brady to argue.

A lot of the arguments that help Brady in the public eye (Wells probably not being independent, etc) aren't usable on a legal level (The CBA says nothing about an investigation being independent).

FYI: the reason they want the texts from Brady's phone is that it is not hard to forge texts from an incoming number on a given phone. IE; Brady could argue that the two Pats workers were faking the texts. However, with the data from Brady's phone, they would know if that is true or not. Because Brady's agreement with AT&T? has more privacy on the texts (for obvious reasons, ie celebrity / privacy); they can't just pull the texts from AT&T's servers and call it good like you would in most cases.

So when Brady says he didn't we assume he did, but because the jets ballboy was punished, we assume the kicker had nothing to do with it?
 

Gigglepoo

Member
Has anyone else seen 7 Day in Hell, the HBO mockumentary starring Andy Samberg? It has a fantastic section about an avant guarde court room sketch artist. I wish I could link it but that clip doesn't seem to be anywhere.
 

vatstep

This poster pulses with an appeal so broad the typical restraints of our societies fall by the wayside.
An interview with the sketch artist:

What kind of response have you seen to the sketch so far?

Well I haven't seen any. People are emailing me and calling me and trying to interview me. I don't do Twitter or Facebook so social media is not my thing. But obviously it's gone viral. Some people are like sending me snippets though––things, complaints, that I made him look like Lurch or whatever. Tell Tom Brady, I'm sorry. He's a very good looking guy and if I didn't make him look good enough, I'll try harder next time.

When you are doing the sketches, how realistic do you try to make it look? And how much are you just trying to capture a mood?

I'm working very quickly. Obviously I have a lot of pressure on me, and it's time pressure. It's lucky if I have a few minutes. So I'm just trying to grab onto something, just as quick as I can. Now, this Tom Brady thing, I did this whole wide shot with a million people in it. And everybody's focusing on that one little fraction of the whole picture, of Tom Brady. But it's really a big wide composition. There's a lot of people and the whole courtroom in it.

When you have a case like this with a highly recognizable person, do you feel any more pressure?

Yes, I do. I do feel more pressure. It's horrible. You hate that. Especially when they're good looking, that's the worst. I'd rather do famous terrorists or something.

Do you plan on looking up any of the reaction when you get home?

I don't know. I don't do Twitter. I don't even know if I could. I don't know how I'm going to see it all. I'm sure it's horrible. Maybe I'll be depressed tomorrow, who knows? Right now I'm not reacting.

Does it bother you if people are making fun of it or anything like that?

Does it bother me, people making fun of me? I don't know. It hasn't sunk in yet. I might be very depressed. I'm my biggest critic, myself. So I feel terrible when I do a bad sketch. So when the whole world is criticizing me, I might just kill myself. Or I might just laugh it off. Who knows?
Jeez, I feel bad for her now. These drawings are always kind of ugly-looking; her depiction was probably going to get reamed regardless of how good or bad it was, just due to the attention being paid to this story (and the fact that no mere drawing could do Lord Brady justice).
 

Cybit

FGC Waterboy
So when Brady says he didn't we assume he did, but because the jets ballboy was punished, we assume the kicker had nothing to do with it?

The NFL never bothered to investigate the kickers and find any potentially incriminating texts and calls to the ballboys. Also, the kickers weren't dicks to Goodell and the NFL and called them liars in public. (See earlier post about Brady being punished for basically being a dick in Goodell's eyes)

Also, not super relevant, but you could argue that the kickers were going from having control over their footballs to having to use brand new balls, while in this case, QBs were given way more control over their footballs in the past, but still Brady screwed around with them. Since Brady and Manning were two of the staunchest folks arguing for QBs being able to mess with their footballs during home games, Goodell may think that Brady got the rule changed just so he could mess with the footballs more.
 

Quotient

Member
The NFL never bothered to investigate the kickers and find any potentially incriminating texts and calls to the ballboys. Also, the kickers weren't dicks to Goodell and the NFL and called them liars in public. (See earlier post about Brady being punished for basically being a dick in Goodell's eyes)

Also, not super relevant, but you could argue that the kickers were going from having control over their footballs to having to use brand new balls, while in this case, QBs were given way more control over their footballs in the past, but still Brady screwed around with them. Since Brady and Manning were two of the staunchest folks arguing for QBs being able to mess with their footballs during home games, Goodell may think that Brady got the rule changed just so he could mess with the footballs more.

If you are referring to the 2006 rule change, it was about the preparation of footballs for away games and not home games (they were already allowed to prepare and use footballs for home games).
 
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