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.

[DaneMcCloud]

Originally Posted by GloryDayz

Is anybody surprised? If you are you're stupid!

Welcome to the NFL - New England Pat's owned and operated.

[alnorth]

Just a wild guess, but I bet the next CBA will have something in it about cooperating with investigations, and explain what could happen if footballs or other equipment are tampered with.

[BucEyedPea]

GD you are one dumb man! You rely on emotion alone and ZERO facts!

[ChiefGator]

Originally Posted by alnorth

Just a wild guess, but I bet the next CBA will have something in it about cooperating with investigations, and explain what could happen if footballs or other equipment are tampered with.

You are right partly, I agree. But the union is not going to agree that the NFL can confiscate players' personal possessions at any time for investigation. Why would they?

[BucEyedPea]

Originally Posted by alnorth

Just a wild guess, but I bet the next CBA will have something in it about cooperating with investigations, and explain what could happen if footballs or other equipment are tampered with.

I think they'll have to get rid of one man being judge, jury and executioner.
I mean seriously, the person who arbitrated the deal gets to also hear and decide the appeal too. How bizarre is THAT!

Also, no commish can make rules up as he goes which is what Spygate was.

[Red Dawg]

Bottom line is this: Brady was let off the hook because of procedure bullshit. Just like in court proceedings if the police mess up evidence or something. Doesn't mean he's not guilty or deserving of being suspended.

He totally is and it's complete bullshit he got nothing. Even if it was only one game.

[GloryDayz]

Originally Posted by DaneMcCloud

[The Franchise]

http://www.msn.com/en-us/sports/nfl/...id=mailsignout

Judge Richard Berman officially caved Thursday morning when he nullified the NFL’s four-game suspension of Tom Brady, giving into legalese and semantics and proving that the sun always shines on the Golden Boy, now matter how tarnished that image may now be.

Just because one thing is true doesn’t mean another isn’t, which is a good rule to remember when looking at Deflategate. Everything the NFL did in this controversy was a mess. It started with the leaked and erroneous reports to ESPN about the massive deflation of 11 of the 12 AFC footballs, then to the poor handling of the Wells Report that ensured it would never be viewed as independent and was capped by Roger Goodell’s cocksure demeanor and his projected belief that his word was etched into stone, unable to be overturned by any entity.

But just because the NFL office is a circus set inside a skyscraper doesn’t obstruct from the larger point: Tom Brady either tried to cheat, did cheat or covered up information about his attempts to cheat. It’s likely the first one happened, you can debate the second and the third is undeniable — even Brady’s lawyer said so. Throw out all the lawyer-speak and that’s what it boils down to. At worst, Brady’s four-game suspension should have been upheld. At best, he destroyed evidence and still deserved one game or two.

Now, because common sense plays no part in the judicial system or in the NFL’s way of conducting business, Brady is off the hook for something he likely did. He got off on technicalities and the NFL’s incompetence, not because he’s innocent. And now, the NFL, through large fault of its own, is stuck between appealing a decision that benefits one of its greatest stars or dragging out a story that’s been dragged out enough.

Brady cheated. He deserved four games. But it’s time to let it go, NFL.

You lost. He won.

Again.

[ChiefGator]

Originally Posted by BucEyedPea

I think they'll have to get rid of one man being judge, jury and executioner.
I mean seriously, the person who arbitrated the deal gets to also hear and decide the appeal too. How bizarre is THAT!

Also, no commish can make rules up as he goes which is what Spygate was.

Given the visibility of this case, Goodell should have stepped out of that role, but he wanted to make the point that he had the power. He should have asked Tag to review this case, but he lost last time Tag reviewed his punishment, so he didn't want to.

[BucEyedPea]

Originally Posted by ChiefGator

You are right partly, I agree. But the union is not going to agree that the NFL can confiscate players' personal possessions at any time for investigation. Why would they?

Yep! There's already been other players who refused to turn over their personal phones when under investigation. Brett Favre for one and also the Patriots' kicker who was exonerated. So inconsistent and arbitrary even here.

Brady was advised it would set a very bad precedent for the rest of the players in the NFL to turn it over. They would have hated him even more. ( the ones that did) Afterall Brady was a major player during the lock-out before. He wasn't going to do that. I don't think any employer has a right to demand it either. In the case of any crime authorities can get that data anyway. Such a bogus argument.

[RunKC]

Greg Hardy contemplating going to court after seeing this. He might have a shot to get no games like Brady for beating women.

NFL is that incompetent. Goodell must go

[BucEyedPea]

Originally Posted by Pestilence

http://www.msn.com/en-us/sports/nfl/...id=mailsignout

Judge Richard Berman officially caved Thursday morning

Nothing's gonna change any of the haters. Carry-on......forever if you must!

You and Glory-Dayze should get a room.

[ChiefGator]

Originally Posted by Pestilence

http://www.msn.com/en-us/sports/nfl/...id=mailsignout

Judge Richard Berman officially caved Thursday morning when he nullified the NFL’s four-game suspension of Tom Brady, giving into legalese and semantics and proving that the sun always shines on the Golden Boy, now matter how tarnished that image may now be.

Just because one thing is true doesn’t mean another isn’t, which is a good rule to remember when looking at Deflategate. Everything the NFL did in this controversy was a mess. It started with the leaked and erroneous reports to ESPN about the massive deflation of 11 of the 12 AFC footballs, then to the poor handling of the Wells Report that ensured it would never be viewed as independent and was capped by Roger Goodell’s cocksure demeanor and his projected belief that his word was etched into stone, unable to be overturned by any entity.

But just because the NFL office is a circus set inside a skyscraper doesn’t obstruct from the larger point: Tom Brady either tried to cheat, did cheat or covered up information about his attempts to cheat. It’s likely the first one happened, you can debate the second and the third is undeniable — even Brady’s lawyer said so. Throw out all the lawyer-speak and that’s what it boils down to. At worst, Brady’s four-game suspension should have been upheld. At best, he destroyed evidence and still deserved one game or two.

Now, because common sense plays no part in the judicial system or in the NFL’s way of conducting business, Brady is off the hook for something he likely did. He got off on technicalities and the NFL’s incompetence, not because he’s innocent. And now, the NFL, through large fault of its own, is stuck between appealing a decision that benefits one of its greatest stars or dragging out a story that’s been dragged out enough.

Brady cheated. He deserved four games. But it’s time to let it go, NFL.

You lost. He won.

Again.

http://chrischasesucks.tumblr.com/

There was never an allegation that brady did it himself. Just that we was most likely generally aware. Stupid article.

[DaneMcCloud]

Originally Posted by Tuckdaddy

Bottom line is this: Brady was let off the hook because of procedure bullshit. Just like in court proceedings if the police mess up evidence or something. Doesn't mean he's not guilty or deserving of being suspended.

He totally is and it's complete bullshit he got nothing. Even if it was only one game.

No.

1. The NFL failed to prove their case.
2. The NFL didn't know that balls could naturally deflate due to atmospheric conditions.
3. The NFL didn't properly calibrate their PSI gauges.
4. The NFL didn't have strict rules in place for handling the footballs.
5. The Wells Report was flawed.
6. Exponent twisted the findings.
7. The NFL "leaked" false information through ESPN and Chris Mortenson.

Three out of four of the Colts balls were under-inflated at half time. The average of all of the footballs at half time was 11.30 when the Ideal Gas Law said the average should be 11.32. So, there's a gigantic hubbub, which the NFL created, over .02 PSI.

Then, the NFL goes off the reservation by fining the Patriots $1 million dollars, a 1st & 4th round draft pick in 2016 AND suspends Brady for being "generally aware" and "refusing to cooperate".

Here's what the judge said about that:

Using the phrase "fundamentally unfair," the judge ruled that the league did not provide Brady with due process, and that Goodell dispensed his own brand of “industrial justice.” The decision came, ironically, from the NFL's hand-picked legal venue—the Southern District of New York—foreclosing the NFLPA from going to their preferred destination in Minnesota.

You have been wrong about everything regarding this case from the start.

Everything.

[Amnorix]