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.

[BigCatDaddy]

Originally Posted by Loneiguana

The judge said Brady had no notice he could receive a four-game suspension for general awareness of ball deflation by others or participation in any scheme to deflate football and for not cooperating with an investigation.
"Brady also had no notice that his discipline would be the equivalent of the discipline imposed upon a player who used performance enhancing drugs,'' Berman said.

I wonder if that would work at any place of employment?

You didn't properly notify me of the consequences for this action, therefore you cannot punish me.

Probably where there is a CBA in place.

[BucEyedPea]

Originally Posted by ChiefGator

This is Berman's writing actually..

No, you don't understand, what I mean. It was in Kessler's defense too, which was posted online and made public. The judge is apparently agreeing with it in his ruling.

[BryanBusby]

Originally Posted by Hoopsdoc

So, because the process was flawed, he gets off Scott free? When any unbiased observer can deduce that he knew about it?

That makes no sense.

That's exactly how it works. Some of you are ungodly dumb.

The judge has the choice to either uphold the suspension as is or vacate it completely. Goodell could of had his ass, but ****ed up the investigation and punishment to comedy levels. He should of learned after Bountygate, but somehow managed to squeeze out an even worse protocol.

Sean Smith had every right to appeal his suspension and the fact he didn't shows exactly how dumb he is. He would need to appeal through the talkshow comissioner first and basically there's no way he would even get an injunction before the suspension ended.

[LiveSteam]

Originally Posted by Pestilence

I really hope The Deflator doesn't let this minor inconvenience stop his amazing weight loss journey.

Bad bad day for Pestilence.

[Amnorix]

Originally Posted by Hootie 2.0

it's beyond embarrassment now

I don't know if Goodell is simply the fall guy or what

but he has to go, right?

I honestly believe that part of what is going on here is politicking amongst the owners and Goodell. The NFL is an oligarchy, but it's not like these 32 egomaniacs think in lockstep.

Part of this punishment may have been "makeup" for any owners who think the Pats got off too lightly for Spygate or something. WTF knows. It's all insanity. Seriously. None of it ever made that much sense.

Pats are still going to lose a 1st and 4th next year, which is a joke. Hopefully it's the 32nd pick in the 1st round that gets forfeited.

[alnorth]

Originally Posted by Loneiguana

The judge said Brady had no notice he could receive a four-game suspension for general awareness of ball deflation by others or participation in any scheme to deflate football and for not cooperating with an investigation.
"Brady also had no notice that his discipline would be the equivalent of the discipline imposed upon a player who used performance enhancing drugs,'' Berman said.

I wonder if that would work at any place of employment?

You didn't properly notify me of the consequences for this action, therefore you cannot punish me.

That is not what he said. The judge probably would have left it alone if the NFL fined him or if they issued a shorter suspension and spent more effort into explaining why that suspension was justified under precedent and the CBA.

The NFL barely bothered to explain why this huge 4-game suspension was justified, thats why they lost.

[KC_Connection]

Originally Posted by alnorth

What the court said though, is that 4 games for deflating balls was not supported as a proper punishment. There was no precedent for it, or anything spelled out in the CBA that the punishment would be as severe as PED's. The closest thing they could point to were situations that led to a fine but no suspension.

But the suspension wasn't just about deflating balls, it was about a failure to cooperate.

[BucEyedPea]

Originally Posted by BigCatDaddy

Probably where there is a CBA in place.

Iirc, it was. Kessler's defense, posted on-line, cited numerous violations of the CBA in other areas and violating the "Law of the Shop."

[penguinz]

Originally Posted by Loneiguana

I wonder if that would work at any place of employment?

You didn't properly notify me of the consequences for this action, therefore you cannot punish me.

Only if you are in a union workplace with a defined CBA.

[BucEyedPea]

Originally Posted by KC_Connection

But the suspension wasn't just about deflating balls, it was about a failure to cooperate.

It was only about failure to cooperate. That's why he was punished. Now that's it's over, it seems to imply they wanted him to do more than the phone, they wanted Tom to admit guilt.

[BucEyedPea]

I'd have to look it up again, but there was a policy that Goodell relied on that isn't even part of the CBA and which no player has either. Goodell was just plain arbitrary using whatever he wanted, whether it applied or not.

[Amnorix]

Originally Posted by KC_Connection

But the suspension wasn't just about deflating balls, it was about a failure to cooperate.

That's part of the problem:

1. NFL never said -- and wouldn't give Berman a straight answer when he specifically asked -- WHAT THE PUNISHMENT WAS FOR. Was it for knowing about deflation? Failure to cooperate? What? NFL said yes, both.

2. NEVER been a suspension of a player in NFL history for failure to cooperate.

3. NEVER been a suspension of a player in NFL history for equipment violation. Heck, the equipment violation rules don't even APPLY to players.

3a. Other players were "involved" in equipment violations, and not even investigated, much less punished. Feely was involved in one with the JEts in 2009. Used unapproved equipment to prepare kicking balls. No investigation, and no punishment. A JETS employee was suspended, but for Feely, the ONLY guy that could benefit or care -- nada.

[MMXcalibur]

The Chiefs should try this cheating thing. 98% chance the NFL does something stupid in trying to prove it.

[alnorth]

Originally Posted by KC_Connection

But the suspension wasn't just about deflating balls, it was about a failure to cooperate.

If this is about destroying the cell phone, the NFL had no right or expectation to receive the cell phone upon demand. I think people presumed the NFL did, but Brady's defense said he would not have turned over his cell phone anyway.

There is nothing in the CBA or precedent that says you can be suspended for 4 games for not aiding an investigation that you are the target of. They aren't the Feds, they don't have subpoena power.

[Rain Man]

I bet Goodell wishes he could take back that phantom penalty that let New England record a win against Cleveland last year.

The good news is that if Goodell is really mad, he might be mad enough to let some irrelevant team have the Super Bowl win this year. I'm telling you, this is lining up to be a magical year in Kansas City.