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I've been waiting for discovery from the very first moment this idiotic topic was broached.Just let it go to the federal courts and let them sort it out without any bias.
I've been waiting for discovery from the very first moment this idiotic topic was broached.
I'm not sure you've been paying attention to the NFLPA vs. the NFL in court. Independent arbitrators have ruled against the NFL on almost every occasion. Why do you think the NFL launched their own action in New York? Doty's rulings (in Minnesota) invariably go against the league. Hell, Tagliabue ruled against Goodell and that wasn't even a court matter.Be a tougher nut to crack then you think for Brady and his legal team. Collectively bargained agreements are rarely usurped by the court system. Courts are loathe to get involved in disputes where the parties have a set procedure to deal with these sorts of issues.
I will be semi-surprised if he is able to get an injunction. To do so he will need to demonstrate to the Court that he is likely to succeed on the merits of his case. Destroying his phone will not reflect favorably on him in the eyes of any competent judge.
Here are five takeaways from the NFL’s report on upholding Tom Brady’s four-game suspension:
Roger Goodell believes the Wells Report
NFL commissioner Roger Goodell, throughout the 20-page document released Tuesday, holds the Wells Report on a pedestal. Goodell argues its validity on numerous occasions. He also argues in favor of the science Exponent used and the “double-checks” by Daniel R. Marlow, a Princeton physics professor.
He also flat-out rejects the independently produced report by the American Enterprise Institute, which found a rash of problems with the Wells Report. “None of the arguments presented in that report diminish or undermine the reliability of Exponent’s conclusions,” Goodell wrote.
Goodell also takes issues with the claim by the NFL Players’ Association that the Wells Report was not independent of the league.
“The Report itself makes clear, and the hearing testimony of Mr. [Ted] Wells confirmed, that the investigation and report represent solely and entirely the findings and conclusions of the Wells investigatory team,” Goodell argues.
Goodell wrote that even if a team of NFL personnel did the investigation, his confidence in its thoroughness and fairness wouldn’t have changed.
Destroying the cellphone looks really bad
Goodell took extreme exception to this, which seemed to really underscore what he thinks is a failure on Brady’s part to cooperate. A significant portion of the 20 pages is dedicated to parsing out the destruction of Brady’s phone, an act Goodell believes Brady carried out individually and not on the advice of his counsel. It doesn’t help that the league contends Brady got rid of the phone right before or on the day of his interview with Wells and company.
“A player of Mr. Brady’s tenure in the league and sophistication … cannot credibly contend that he believed that he could, without consequences, destroy his cellphone on or about the day of his interview with the investigators when he knew in advance of the interview that the investigators were seeking the cellphone for the evidence that it contained,” Goodell wrote.
Brady willing to name names
Brady’s agents offered the league a spreadsheet of the names of people he texted with, including those individuals’ contact information, after the appeal hearing concluded. They then suggested the league reach out to those people for any messages they may have kept. Goodell wrote that those materials should have been provided in advance of the hearing. Besides, Goodell wrote, tracking down all those people “is simply not practical.”
The spreadsheet comes up more than once in Goodell’s explanation, and it seems he really did not like the move.
“And the belated attempt by his representatives to remedy this failure to cooperate — ultimately by asking the NFL to track down nearly 10,000 text messages sent to or received from a substantial number of other individuals — is simply insufficient,” Goodell wrote. “The NFLPA and Mr. Brady’s representatives have identified no instance in or outside the NFL in which such conduct has been deemed satisfactory cooperation with an investigation.”
Brady’s punishment compared to PED use
Goodell equated Brady’s involvement in Deflategate with use of performance-enhancing drugs. He argued that steroids are used to gain an advantage and “threatens the integrity of the game.” He cited the punishment levied for a first positive test for PEDs — a four-game suspension — which is in the most recent collective bargaining agreement signed in 2011.
Goodell also wrote that the four-game suspension is the same as what Browns general manager Ray Farmer received for texting coaches on the sideline from the owner’s box. “The length of that suspension reflected … the General Manager’s self-reporting and transparency in acknowledging wrongdoing,” Goodell writes. “There are no such mitigating factors here.”
Brady hindered the investigation
Goodell basically says that Brady painted himself into a corner. Brady was investigated for conduct detrimental, and his actions throughout — destroying his cellphone, withholding information, being uncooperative — obstructed that investigation. That is in and of itself, Goodell wrote, is conduct detrimental and “subject to discipline” by a fine, suspension or termination of contract.
“There is no question that the Hearing Officer (Goodell) may draw an adverse inference from the lack of cooperation and may reasonably interpret available evidence in a manner that supports findings of misconduct,” Goodell writes.
I'm not sure you've been paying attention to the NFLPA vs. the NFL in court. Independent arbitrators have ruled against the NFL on almost every occasion. Why do you think the NFL launched their own action in New York? Doty's rulings (in Minnesota) invariably go against the league. Hell, Tagliabue ruled against Goodell and that wasn't even a court matter.
This was headed in one direction the moment Goodell tried to establish his credibility by attacking that of a man with actual credibility.
No, it won't be.Yes, the League pre-empted the forum shopping the players have been doing. Good luck in New York.
As an aside Doty's ruling against the NFL was because they tried to enforce policies that hadn't previously existed, in other words they violate the CBA. In this case, the NFL did not. Comparing apples and oranges.
Going to be an uphill climb in Federal Court on this issue.
No, it won't be.
Funny how the punishment and talk tends to revolve around procedural topics and not the PSI of footballs anymore. That in itself is why I'm reasonably confident there's a hatched plan by Brady's team and the NFL just walked right into it.Sorry, how are the Patriots fans casually ignoring the fact Brady has destroyed the key piece of evidence?
The footballs are actually the key evidence and they botched the science up with that.Sorry, how are the Patriots fans casually ignoring the fact Brady has destroyed the key piece of evidence?
Funny how the punishment and talk tends to revolve around procedural topics and not the PSI of footballs anymore. That in itself is why I'm reasonably confident there's a hatched plan by Brady's team and the NFL just walked right into it.
What if there were emails to other people involved. Incriminating ones and now we will never know...The footballs are actually the key evidence and they botched the science up with that.
I know it doesn't look great with the phone having been destroyed but wouldn't Wells have had all the texts Brady sent to McNally and Jastremski on their phones....
Kraft's actions prove where his allegiances lie. It's certainly not with Belichick, Brady, or fans of the Patriots.Be aware that Kraft accepted the One Million Dollar fine and stripped draft picks… without any protest. Says plenty. Obviously some folk NOT on the same page at Foxboro. McNally not on the payroll either. Goodell clearly vindicated by Kraft's reaction. Just sayin'
The footballs are actually the key evidence and they botched the science up with that.
I know it doesn't look great with the phone having been destroyed but wouldn't Wells have had all the texts Brady sent to McNally and Jastremski on their phones....
No I just said it doesn't look good. Brady said destroying his phones is a common practice. As I said all the text Brady sent McNally and Jastremski are on their phones. Maybe Brady doesn't trust Wells, Goodell or the NFL and why would you after cockup after cockup over the last 18 months.More vindication. Pats fan admitting it doesn't look great. I think you know deep down that Brady is in DEEP DEEP denial. He should simply accept the suspension and move on. If the injunction blows up in his face.. what's next?? an apology?? Doubt Mr Smugness has the heart to go there. The word 'TAINTED' is clearly getting LOUDER!! *Media circus will dance on Brady's pettiness*
What if the footballs weren't under inflated and because they have no prior evidence to compare it to. What if this whole thing was a waste of time and money. What if, what if....What if there were emails to other people involved. Incriminating ones and now we will never know...
Kraft's actions prove where his allegiances lie. It's certainly not with Belichick, Brady, or fans of the Patriots.
Well no, I am just highlighting where your argument that the destroying of phones is in consequential, falls shortWhat if the footballs weren't under inflated and because they have no prior evidence to compare it to. What if this whole thing was a waste of time and money. What if, what if....
What if the footballs weren't under inflated and because they have no prior evidence to compare it to. What if this whole thing was a waste of time and money. What if, what if....
Read that he didn't destroy his previous phone.No I just said it doesn't look good. Brady said destroying his phones is a common practice.
You appear to be working from the position that Brady is guilty. Everything the NFL has presented suggests otherwise thus my want for this to go to trial. If an independent authority rules against Brady, I'll have no problem with that provided the decision is well reasoned.Kraft will let the dust settle for 2015 knowing that he can't do much about it and then dismiss both Brady & BB together.. thank them for building and making them a powerhouse and rewarding the fan base but the end of a marvellous era (please.. consider many other Patriots players who didn't resort to forcing such controversy in their long run at the top) is getting near to the end. It's not the end of the world for Kraft. He knows he's been embarrassed and even though he 'may wish' Brady not continue to grandstand to make this issue bigger than it is.. in 10 years time.. it's not going to be about Brady or BB.. but the way Kraft accepted his employers flaws with controversy to achieve further success.
Whether BB gets another gig as HC after NE, is something that we'll all have to wait and see. I didn't expect NE to remain a powerhouse in the last couple years but credit to them that ARE bigger than just Brady & BB. It's a team game at the end of the day. Brady is just souring his reputation now with his obstinate ways of fighting the NFL on an issue that has 'guilt' smothered all over it.