Brady v. NFL: No Settlement; Judge Berman to Decide

[Amnorix]

Can't find the old thread. Brady and Goodell were back in NYC today for settlement talks. No progress.

Judge Berman said he would likely decide "in the next day or two" and definitely before September 4th.

Interesting how the narrative among the national writers has evolved.


http://sports.yahoo.com/news/roger-g...180816187.html


NEW YORK – They arrived surrounded by lawyers, each wearing a blue suit and displeased expression. Here was Roger Goodell and here was Tom Brady back in federal court in a fight over power, ego and legacy, as much as whether the footballs were deflated in January's AFC championship game.

New York Giants owner John Mara came in an attempt to soften the face of the league's side a bit. Jay Feely, a long-time NFL kicker and friend of Brady's from back at the University of Michigan, arrived to stand by his side.

Once again, nothing worked. A private meeting in front of Judge Richard M. Berman yielded nothing. No one budged. No one backed down. No settlement was reached.
And now both sides roll the dice and sit and wait for a ruling.

"Tomorrow or the day after," Berman said of when he would likely announce whether to vacate Brady's four-game suspension. He assured it would come before Sept. 4, when both sides requested an answer so the New England Patriots can begin preparing for the season opener with or without their star quarterback.

So that's that, all or nothing, all or everything, all eyes on the court docket here.

For Brady it's either a quarter of the season lost or a measure of redemption gained. For Goodell it's either a reaffirmation of the totality of his authority or another humiliating public defeat.

There may be appeals and requests for stays and thus months still to go, what will be won, what may not be done. None of that minimized the tension and drama inside Berman's 17th-floor courtroom here on Monday, when a case that started as a curiosity on that playoff night boiled toward a milestone, if not a conclusion.

Berman clearly knows how he is going to rule and likely has much of the decision already written. He's read and heard it all over the past month. There were no new arguments on Monday. The chief attorneys, Daniel Nash of the NFL and Jeffrey Kessler of the NFL Players Association, both merely stood and praised the efforts of all sides even though, as sometimes happens, they just couldn't reach a settlement.

"This is a time Mr. Nash and I are going to agree," Kessler joked.

The inability to find common ground is not a surprise. Tom Brady was simply never going to admit he had any role in the tampering of those footballs, or even that the footballs were ever tampered with in the first place.

First off, after he said as much under oath and then introduced the transcript into federal court, doing so would risk a perjury charge. More importantly though, it would be a complete reversal, making him a liar and a cheat, crushing his image among not just fans but, most importantly according to those that know him best, his own children.

He also very well may be innocent. The NFL never produced much of a case against him, let alone that the footballs were even unnaturally deflated.

So the only way a settlement could go down was for Goodell to drop any demands for an admission of guilt. He'd have to settle for Brady merely acknowledging a failure to fully cooperate with the investigation. That, however, would be a serious concession from a commissioner who's built his career on cracking heads among misbehaving players.

So there was the irresistible force clashing with the unmovable object, each willing to lose in court as long as he could still save face.
It has been, if nothing else, a remarkable showdown of oversized personalities.

In court Monday, the two men, rich and famous and atop their chosen professions, refused to even look at each other.

When the session was adjourned, both were forced to awkwardly wait for the galley to clear out of media and observers, leaving them within a few feet of each other a couple table rows apart.

Brady stood first and wandered over to one wood-paneled wall of the ornate courtroom. He stuffed his hands in his pocket, looking as intense as any tight fourth-quarter drive. Feely stood by his side and the two eventually hugged.

Goodell, seated in front, stood slowly and also put his hands in his pocket, looking down and then turning in the opposite direction of Brady, trying to wear a face of nonchalance.

Eight months into this scandal, after swings of allegations and misrepresentations, of false media leaks and broadside-legal attacks, the distrust and disgust were clear: Two men known for their ability to smoothly glide through life, with fashion and fabulous hair, looked strangely uncomfortable.

No one ever wants to sit in this position, leaving it to another man, federal judge or not, to declare whether he or she is a cheat or a fraud or a bully or a bum.

Here these two are though, going down that awkward path together. Their lives are seemingly too charmed for this, yet they were like a couple of rivals on opposite sides of the schoolyard, unwilling to even acknowledge the other's presence in front of onlookers.

The stakes seem higher for Goodell, if only because his legal argument here is based on the 1981 Supreme Court decision MLBPA v. Garvey, which essentially prohibits judges from interfering with the decision of arbitrators even if they are horrendously flawed or based on inaccurate facts. Arguing you have the right to be a dictator isn't ideal in public relations terms.

As such, Goodell and the NFL could certainly prevail in front of Berman but do so via a ruling full of the same kind of harsh verbiage that the judge used during two prior public sessions.

It's clear that no matter which way Berman goes, he looked upon the NFL's judicial system in general, and the league's conduct in this case specifically, as lacking any semblance of fairness or competency. He could unload in the ruling and leave Goodell laid out, even if he's technically victorious.

That's the risk Goodell was willing to take. And one Brady is willing to go with, essentially entering the verdict stage with a two-pronged chance at redemption – either total or at least in the court of public opinion. A loss and a four-game suspension would hurt, but he could at least point to an impartial federal judge down in New York agreeing that Goodell is out of line.

It's certainly reasonable that the NFL initially erred when it failed to comprehend Ideal Gas Law and thus initially thought any Patriots football that measured below 12.5 pounds per square inch of inflation was a sign of nefarious conduct. It immediately went after a speeding ticket like a homicide case.

But by the time the league should've have dialed it back, it had already leaked prejudicial stories and begun building a case against Brady and two Patriots locker room attendants. The NFL never was able to find a smoking gun or much more than suspicions, but that didn't matter.

The NFL not only never backed down, it just kept doubling down, believing the full force of the league's power – both in the CBA and in its ability to manipulate national reporters – would overwhelm Brady.

The league may be correct and on the verge of a show-of-force victory. It may be wrong and headed for a comeuppance.

It's all up to Judge Berman now. Who knows what he thinks and who knows what he'll rule. On Monday he seemed eager to make it known though as he sent the two men in fancy blue suits off into the Manhattan morning, Goodell via a black Escalade, Brady in a Chevy Suburban. Each is left awaiting his word.

The QB v. the Commissioner, it's all or everything now.

[Red Dawg]

Originally Posted by Chiefnj2

You think it is likely the ball "boys" altered the footballs, yet you think they did it on their own without any directives or feedback from Brady as to how he likes his footballs? What do you think "deflator" meant?

Exactly. Pats fans just don't care about right and wrong. Unless there is a video of Brady doing it himself, he's not guilty.

Of course he had an idea of what they were doing. It's not reasonable to think otherwise.

[Amnorix]

Originally Posted by Chiefnj2

You think it is likely the ball "boys" altered the footballs, yet you think they did it on their own without any directives or feedback from Brady as to how he likes his footballs? What do you think "deflator" meant?

It's entirely possible Brady said "as low as possible" or whatever, without saying "hey, needle the balls after the refs clear them".

In one scenario (where Brady knows) it's plausible deniability. In another (where he doesn't know), the ball boys go one step too far getting him what they think he wants. I think either possibility is very possible.

But everyone assumes the first, so Brady's reputation is trashed, even though he may honestly have never known or thought that they would needle the balls AFTER the refs approved them.

Whatever. I'm done arguing his innocence, or lack thereof. Nobody is changing their mind on that at this point.

[BucEyedPea]

Originally Posted by TEX

Because playing part of 3 PRESEASON games means he's ready for the regular season... I PRAY we get the chance to find out.

No I know the preseason isn't the true test. Still, it's not a bad thing to see him play due to Brady's age.

[BucEyedPea]

Originally Posted by Tuckdaddy

Exactly. Pats fans just don't care about right and wrong. Unless there is a video of Brady doing it himself, he's not guilty.

Of course he had an idea of what they were doing. It's not reasonable to think otherwise.

Yeah, that's why Pat's fans defended Aaron Hernandez to the death.

[Garcia Bronco]

This is all bullshit and bluster. There is nothing that happens to the Patriot managed balls that Brady doesn't want. He's been cheating for years. McDaniels is a known cheater and so is BB. Regardless of what comes of this mess...that will be the story of the Patriots. Enjoy.

[GloryDayz]

Originally Posted by Amnorix

Imagine if the greatest player on your favorite team ever was having his reputation ruined over the most ridiculous of minor infractions, where the evidence that it happened was thin, and the evidence that HE knew about it was basically non-existent.

Imagine your reaction.

Did he know, assuming they did it (which I think is likely)? Maybe. But there isn't any actual EVIDENCE that he knew. And yet the NFL drops a major hammer on him, and basically brands him a cheater. It's pretty ridiculous.

One has to wonder why you don't spend all your time on a Pats blog where you don't spend 99% of your time admitting that there was an infraction, then claiming that your God should be labeled "accurately" as a cheater.

Is the Pats blog that boring, or are you sent out to spread the lies and inaccuracies that the smallest amount fo common sense shows otherwise?

All I can say is that you (and all openly Pats fans) can thank your lucky stars that I'm not a Mod if they rule in favor of Tom. You'd at least have to start over from scratch on this board.

[TEX]

Originally Posted by Katipan

Imagine a world where the greatest player of your favorite team turned out to be such a spoiled douchebag that the public stopped caring about his golden aura.

A "Spoiled - CHEATING Douchebag" who thinks he's ABOVE the rules, admits he probably didn't fully cooperate in an investigation, then wastes everyone's time trying to use his power to get away with cheating.

[Tombstone RJ]

Originally Posted by Amnorix

All the same source as the first quote, sorry.

http://bleacherreport.com/articles/2...mble-advantage



And yes, only two years, but the most RECENT two years. Not like they cherry-picked data and presetned it in misleading fashion, like the Patriots-are-cheaters-look-at-this-chart site did.

Counting special teams play fumbles?! WTF?

This link does not go to the article you are quoting and anyone who uses bleacher report to back up their argument has already lost the argument. I'm guessing the moron who wrote this bleacher report article is a pats fan.

TWO YEARS IS BY DEFINITION CHERRY PICKING. The data I showed you is over 10+ years. Hey moron, the more data someone uses to prove a point, the stronger the evidence becomes.

[Reerun_KC]

Originally Posted by TEX

Because playing part of 3 PRESEASON games means he's ready for the regular season... I PRAY we get the chance to find out.

That sounds about as stupid as our fanbase when it comes to Daniels.

[TEX]

Originally Posted by Reerun_KC

That sounds about as stupid as our fanbase when it comes to Daniels.

I think not, even though Daniels has only started two regular season games, he's been in the league 3 X as long and has a greater body of work. No? Pay more attention to the last sentence. That's the main thing.

[Amnorix]

Originally Posted by GloryDayz

One has to wonder why you don't spend all your time on a Pats blog where you don't spend 99% of your time admitting that there was an infraction, then claiming that your God should be labeled "accurately" as a cheater.

To torture you?

Is the Pats blog that boring, or are you sent out to spread the lies and inaccuracies that the smallest amount fo common sense shows otherwise?

To torture you.

All I can say is that you (and all openly Pats fans) can thank your lucky stars that I'm not a Mod if they rule in favor of Tom. You'd at least have to start over from scratch on this board.

That's probably why you're not a mod then, right?

[Amnorix]

Actually, FWIW, the real reason I came here -- over 12 years ago now -- was to engage in debates in what now is the DC forum. Back then it wasn't really a separate forum. I didn't love or hate the Chiefs, and this seemed like a lively board, and the political viewpoints were very different from mine, so here I landed.

I note that I am much less liberal than I was then, and also less active in the DC Forum. But I have no problem arguing with alot of people, and holding a minority position. That's really why I came here in the first place.

Much to your dismay, apparently.

But you're a n00b, so who cares about you.

[BucEyedPea]

I'm surprised to see you indulging in sweeping generalizations based on innuendo or whispering campaigns with no facts to back up Brady cheating for years. I can see McDaniels though.

Originally Posted by Garcia Bronco

This is all bullshit and bluster. There is nothing that happens to the Patriot managed balls that Brady doesn't want. He's been cheating for years. McDaniels is a known cheater and so is BB. Regardless of what comes of this mess...that will be the story of the Patriots. Enjoy.

Former Quarterback and QB coach Chris Simms claimed BB is a real stickler on the rules, knows them better than a lawyer and has stopped players from participating in anything that can be construed as cheating even if they just bet between themselves.

Simms worked briefly for Bill; says Bill is a stickler for rules and very prideful about his job and sticking to the rulebook. Says Bill does everything by the book since the camera stuff happened. Says a lot of other teams were doing it and that Bill really only did it just to get back at the Jets for doing it when they were told not to, hence the Mangini ratting him out stuff

-Says that what Bill did may not have been against the rules anyway. The memo was sent out not to film but the actual rule didn't totally say that Bill couldn't film where he did. Simms still says it was wrong for Belichick to ignore the memo.

-Calls Belichick brilliant

[GloryDayz]

Originally Posted by Amnorix

Actually, FWIW, the real reason I came here -- over 12 years ago now -- was to engage in debates in what now is the DC forum. Back then it wasn't really a separate forum. I didn't love or hate the Chiefs, and this seemed like a lively board, and the political viewpoints were very different from mine, so here I landed.

I note that I am much less liberal than I was then, and also less active in the DC Forum. But I have no problem arguing with alot of people, and holding a minority position. That's really why I came here in the first place.

Much to your dismay, apparently.

But you're a n00b, so who cares about you.

[jspchief]

When you hear hoofbeats, think horses not zebras.

Or if you're a pats fan, try to argue that since none of us actually saw the animal, it must be a unicorn.