Football Brady v. NFL: No Settlement; Judge Berman to Decide - Page 16

Amnorix · 08-31-2015, 01:45 PM

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.

**notorious** · 09-03-2015, 08:59 AM

Okay, judge says that Brady cheated, but since goddell went beyond the defined punishment he gets off scott free.

GoChargers · 09-03-2015, 09:00 AM

Quote:

Originally Posted by Amnorix

Goodell is the stooge. He keeps going waaay overboard, and LOSING. And it's always for basically the same reason -- he keeps making shit up as he goes.

Federal judge Doty

Federal judge Berman

His own PREDECESSOR AS COMMISSION!! Tagliabue

All the same thing -- "WTF are you doing?!?"

You're right about one thing, Goodell is a stooge... for Kraft. Kraft's known as the Senior Commish for a reason.

Amnorix · 09-03-2015, 09:02 AM

Quote:

Originally Posted by Marcellus

It's pretty funny how the NFL gets accused of playing favorites to NE in previous years then this happens and the leauge gets pounded by the court, and now it's the federal court system playing favorites.

JFC who you plan to blame next?

It's obvious Goodell sucks at his job when it comes to player punishment. It's not complicated.

This times eleventy billion. Reference tweet below posted when punishment was first handed down.

Reerun_KC · 09-03-2015, 09:02 AM

Quote:

Originally Posted by notorious

Okay, judge says that Brady cheated, but since this particular offense did not have a predefined punishment he gets off scott free.

He should of been fined the max of $25K and that should of been the end of it...

But Noooo! Goodell and his butt humping minions keep making a huge deal out of it...

Best thing that could of happened to the NFL is this... Brady should get his $25K fine and Goodell should lose his job, end of story.

The rest is just jealously driven agendas that have zero bearing on the game of football.

Brock · 09-03-2015, 09:03 AM

Has laz stopped crying yet

Reerun_KC · 09-03-2015, 09:03 AM

Quote:

Originally Posted by Amnorix

This times eleventy billion. Reference tweet below posted when punishment was first handed down.

Exactly the point...

Amnorix · 09-03-2015, 09:04 AM

Quote:

Originally Posted by GoChargers

You're right about one thing, Goodell is a stooge... for Kraft. Kraft's known as the Senior Commish for a reason.

Chromatic · 09-03-2015, 09:05 AM

Good.

Amnorix · 09-03-2015, 09:05 AM

Quote:

Originally Posted by Pasta Giant Meatball

**** you

MagicHef · 09-03-2015, 09:06 AM

Wow, I'm genuinely surprised. I wonder when the appeal will happen.

MMXcalibur · 09-03-2015, 09:10 AM

I don't give a shit anymore.

It's over.
Thank Christ.

Amnorix · 09-03-2015, 09:12 AM

Quote:

Originally Posted by KCtotheSB

I don't give a shit anymore.

It's over.
Thank Christ.

I wish it were. NFL will appeal, or else it will be sent back and the entire process done again.

If you think for a second that the NFL will simply take its loss and go home, you're definitely wrong. People accuse the Patriots of being arrogant, but the NFL is insanely arrogant. It's a big part of the entire problem with their discipline procedures.

Reerun_KC · 09-03-2015, 09:12 AM

Goddell taking a beating on ESPN.

**Rain Man** · 09-03-2015, 09:13 AM

So it appears that this was all a ruse. Goodell suspended Brady so he could look tough and dispel the notion that he was playing favorites, knowing the whole time that the suspension wouldn't hold up. Savvy move by the conspirators.

Amnorix · 09-03-2015, 09:13 AM

Quote:

Originally Posted by MagicHef

Wow, I'm genuinely surprised. I wonder when the appeal will happen.

Notice of appeal will be filed by 4:00 p.m. today, I bet.

If the Second Circuit grants expedited process, it could all be resolved by later in the season, potentiallya ffecting the Patriots playoff run, or even playoff games. If not, figure next summer.

Unless, instead, the NFL goes back to the drawing board and re-does the suspension process. Depending on Berman's order, that is a possibility.

08-31-2015, 01:45 PM
Amnorix In BB I trust Join Date: May 2003 Location: Boston, Mass. Casino cash: $10029808	Brady v. NFL: No Settlement; Judge Berman to Decide 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.
Posts: 43,125

09-03-2015, 08:59 AM	#226
notorious Supporter Join Date: May 2005 Location: Who knows? Casino cash: $2385884	Okay, judge says that Brady cheated, but since goddell went beyond the defined punishment he gets off scott free.
Posts: 83,769

09-03-2015, 09:03 AM	#230
Brock Say hello to my little friend Join Date: Aug 2000 Location: Larryville Casino cash: $9598422	Has laz stopped crying yet
Posts: 47,314

09-03-2015, 09:05 AM	#233
Chromatic Veteran Join Date: Sep 2005 Location: Earth Casino cash: $10018551	Good.
Posts: 1,305

09-03-2015, 09:06 AM	#235
MagicHef The Seated Villain Join Date: Apr 2007 Location: Seattle Casino cash: $2060247	Wow, I'm genuinely surprised. I wonder when the appeal will happen. __________________ With a sack in 61% of his games, SB MVP Von Miller is the most consistent pass rusher in NFL history.
Posts: 10,583

09-03-2015, 09:10 AM	#236
MMXcalibur Pessimistically optimistic. Join Date: Jan 2009 Location: Denver, CO Casino cash: $1955086	I don't give a shit anymore. It's over. Thank Christ.
Posts: 16,444

09-03-2015, 09:12 AM	#238
Reerun_KC Rock Chalk Jayhawks! KU!!! Join Date: Aug 2005 Casino cash: $8241160	Goddell taking a beating on ESPN.
Posts: 934

09-03-2015, 09:13 AM	#239
Rain Man NFL's #1 Ermines Fan Join Date: Jul 2001 Location: My house Casino cash: $2778491 VARSITY	So it appears that this was all a ruse. Goodell suspended Brady so he could look tough and dispel the notion that he was playing favorites, knowing the whole time that the suspension wouldn't hold up. Savvy move by the conspirators. __________________ I'm putting random letters here as a celebration of free speech: xigrakgrah misorojeq rkemeseit.
Posts: 141,864