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.

[beach tribe]

Originally Posted by BucEyedPea

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

lol. Wow.

[Red Dawg]

Berman is going to be a big pussy and let Brady off the hook. He won't have the guts to stand by the legalities of the case. Bunch of bullshit. Every suspended player should go whine and cry to get their pay checks back.

[Mr. Laz]

Originally Posted by CanadaKC

Leave all the legal jargon out of it, and all the "Free Brady" idiots…and Brady is guilty as sin. Case closed.

I almost be willing to bet that the Judge doesn't give a single shit whether Brady is guilty or not.

Doesn't care about the negotiated legal document(CBA) that the union is trying to cheat around either.

When the NFL and NFLPA negotiated the CBA you can be assured that the NFLPA got something in return for the commissioners extra power. Now the union is trying to use the legal system to take the power back without exchanging anything for it.


Legal system just pisses me off lately, judges getting involved instead of just following the law and making a judgement. douchebags.

[Pasta Little Brioni]

Defending the Pats to death on a Chief board

[Red Dawg]

The Supreme Court already laid down the law in these matters 15 years ago. Now we get to watch Berman be a complete idiot and ignore that. Brady is the biggest whiny bitch in sports. Effing stupid.

[GloryDayz]

I still think this should happen to all Pats fans on this board.

[tk13]

Bob McNair probably just got himself taken off Kraft's Christmas card list.

http://blog.chron.com/ultimatetexans...is-cell-phone/

Texans owner Bob McNair didn’t mince words when asked about the ongoing Deflategate saga involving suspended New England Patriots quarterback Tom Brady.

In an interview with SportsRadio 610 on Tuesday following an annual team luncheon, McNair was critical of how the situation has dragged out.

“I think (the league) could have handled it better,” McNair said. “The Patriots could have handled it better, Brady could have handled it better. What escalated the whole thing is, Brady and the Patriots were going to cooperate fully, and then when it came down to it, they didn’t. That’s what really upset the commissioner.”

Brady and the NFL are now embroiled in a messy legal battle where a federal judge is urging them to reach a settlement. No agreement has been reached, though.

McNair said he doesn’t think Texans star defensive end J.J. Watt would have destroyed his cell phone if he’d been in a similar situation, as Brady suspiciously did, rather than cooperate fully with NFL investigators.

“I think if it was J.J. Watt, I think he would have been cooperative and it wouldn’t be a question,” McNair said. “I don’t think J.J. would destroy his cell phone. The whole idea is that we want to make sure we have a competitive playing field that’s level for everybody. We don’t want people breaking the rules.

[RobBlake]

Originally Posted by Tuckdaddy

The Supreme Court already laid down the law in these matters 15 years ago. Now we get to watch Berman be a complete idiot and ignore that. Brady is the biggest whiny bitch in sports. Effing stupid.

Nothing better than patriot haters that whine lol

[stevieray]

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.

[Lex Luthor]

Originally Posted by Amnorix

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.

This argument would be more convincing if Tom Brady hadn't initially acted like he had no idea what it means to deflate a football. It was exactly like Hillary Clinton's response when asked if she had wiped her email server. She said "You mean with a cloth?"

[Pasta Little Brioni]

Will be a total travesty if the suspension is reduced. Slap in the face to every NFL fan outside of that shithole.

[FlaChief58]

Originally Posted by Pasta Giant Meatball

Will be a total travesty if the suspension is reduced. Slap in the face to every NFL fan outside of that shithole.

I'll be shocked if he gets more than a 1 game suspension because Pat's

[Dave Lane]

Originally Posted by Pasta Giant Meatball

Will be a total travesty if the suspension is reduced. Slap in the face to every NFL fan outside of that shithole.

Why? You like people convicted without any proof of guilt? Is that your idea?

[BigCatDaddy]

Originally Posted by Dave Lane

Why? You like people convicted without any proof of guilt? Is that your idea?

Pretty much. There is a 76 page thread here where a lot of people would look like blow hard dumbasses on this.

[unlurking]

Originally Posted by Dave Lane

Why? You like people convicted without any proof of guilt? Is that your idea?

I don't really care either way, but come on. Let's not act like he's an innocent man sitting on death row. His employer is dissatisfied with his on duty performance and is reprimanding him for it.