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Chiefs want more than a second-round pick for Branden Albert

Branden Albert AP

The Chiefs don’t have a second-round draft pick, having sent theirs to the 49ers for Alex Smith. So if they’re going to trade offensive tackle Branden Albert, the Chiefs want to get a second-round pick back.

But they want more than just that.

The Chiefs will seek a second-round pick in this year’s draft as well as another pick in 2014 in a trade for Albert, ESPN’s Adam Schefter reports. We don’t yet know what that other pick in 2014 would be, but it could be a conditional pick designed to replace the conditional 2014 pick the Chiefs gave up for Smith.

After Albert signed his franchise tag, he became eligible to be traded. A team that trades for him would owe him the same one-year contract with a guaranteed base salary of $9.828 million that the Chiefs will owe him if he plays the 2013 season on the franchise tender, although it’s highly unlikely that a team would trade for Albert without first working out an agreement on a long-term contract.

Kansas City is widely believed to be leaning toward drafting a left tackle with the first overall pick in next month’s draft. If they trade Albert, we can already pencil in Luke Joeckel of Texas A&M or Eric Fisher of Central Michigan as his replacement.

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NFL could win Brady appeal

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As I said before Judge Berman ruled on Tom Brady’s suspension, anyone who tells you that they know what will happen in a court of law is lying or uninformed. Moving forward, I’ll say the same thing as it relates to the appeal of Judge Berman’s ruling.

No one knows what will happen, and anyone who claims that they know is lying or uninformed.

From a procedural standpoint, here’s what will happen, eventually. Of the 22 judges assigned to the U.S. Court of Appeals for the Second Circuit (located in New York), three will be randomly assigned to preside over the case. If only two of them agree with the NFL and disagree with Judge Berman, the NFL will win.

It’s that simple. Before the district court, it was an all-or-nothing argument to one judge and one judge only. On appeal, it’s a matter of persuading two of three judges.

The political backgrounds of those judges will be critical to the final ruling. If two of them were appointed by Republican presidents, chances are that they will be more inclined to agree with management. If, like Judge Berman, two of the judges were appointed by Democratic presidents, they could be inclined to agree with labor.

Indeed, there’s a good chance that one or more of the judges will have been involved with similar cases in the past, with their positions regarding the enforcement of arbitration agreements already firmly established, one way or the other.

In the U.S. Court of Appeals for the Fourth Circuit in Richmond, where I handled multiple cases while practicing law, the parties don’t even know who the judges are until the morning of the oral arguments. Ultimately, the outcome could hinge on which three judges are assigned to the case. Or, more accurately, which two judges get the assignment.

So the NFL could indeed win, although that victory may not come for a while. After that, the losing party would have to consider whether to file a petition for a rehearing before the entire Circuit. Eventually, the losing party will have to decide whether to attempt to persuade the U.S. Supreme Court to take up the case.

If the Supreme Court decides to make this case one of the very few it agrees to hear, it could be that the final answer comes multiple years from now, with the NFL possibly securing a victory after Tom Brady already has retired.

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T.J. Ward suspended one game under personal conduct policy

T.J. Ward AP

It looks like the Broncos are going to start the season without safety T.J. Ward in their secondary.

Mike Garafolo of FOX Sports reports that Ward has been suspended one game under the league’s personal conduct policy. Per Garafolo, the suspension stems from an incident at a Denver strip club in May 2014 after Ward signed with the Bronos.

Ward was arrested after throwing a mug at a bartender who had poured out Ward’s drink after telling him that outside alcoholic beverages weren’t allowed inside the club. Ward struck a plea deal last August that called for assault charges to be dropped if he completed four hours of community service. It’s not clear why it took so long for the suspension to come into effect.

Ward started 15 games in his first season with the Broncos and is set to be a starter for the Broncos again this season. David Bruton will likely take his place in Week One alongside Darian Stewart.

UPDATE 4:05 p.m. ET: The Broncos have announced the suspension.

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Ex-Colt Josh McNary found not guilty in rape trial

Indianapolis Colts v Tennessee Titans Getty Images

Former Colts linebacker Josh McNary took the stand in his rape trial on Wednesday to testify that he and his accuser had consensual sex last December and his testimony appears to have been given a lot of credit by the jury in the case.

McNary was found not guilty of rape, criminal confinement and battery charges after a relatively brief deliberation by the jury on Thursday. McNary’s attorney said, via the Indianapolis Star, that there was “overwhelming reasonable doubt” about the accusations and that McNary’s testimony in his own defense helped to make that case.

McNary called the trial a “traumatic” and “tragic” experience and said that he hoped to resume his playing career now that it has come to an end. McNary’s contract with the Colts expired in March and he was placed on the league’s Commissioner-Exempt list when the charges were filed in January, which kept him from practicing with the team or playing in the AFC Championship game.

McNary, who played college football at West Point, spent the last two seasons with the Colts. He played in 20 games and made four starts last season.

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De Smith: We never trust the NFL, Kraft shouldn’t have either

DeMaurice Smith AP

NFL Players Association Executive Director DeMaurice Smith says Commissioner Roger Goodell has eroded trust not just with the players, but with owners as well.

As he celebrated the decisive victory given to Tom Brady and the NFLPA in today’s Deflategate ruling, Smith told CSN Mid Atlantic that Patriots owner Robert Kraft has learned what the players already knew: Goodell is not to be trusted.

We never make the mistake of trusting the league,” Smith said. “I don’t have the luxury of trusting the league. I think looking back on the statements of Mr. Kraft and the position of the Patriots, do I think they wish they had a do over? I think they probably wish they had a do over.”

Asked about the players’ trust in the league and Goodell, Smith answered, “It’s gone.”

The legacy of Deflategate may be that it tarnishes Goodell’s reputation far more than it tarnishes Brady’s.

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Goodell won’t attend Thursday opener in Foxboro

Roger Goodell AP

Tom Brady will be in Foxboro next Thursday for the first game of the 2015 NFL season. Roger Goodell will not.

A few hours after a federal judge ruled that Goodell couldn’t suspend Brady for four games, the NFL confirmed that Goodell will be staying away from the Sept. 10 season opener between Brady’s Patriots and the Steelers.

Per Mike Garofolo of FOX Sports, Goodell won’t attend because he believes the focus should be on the game and festivities. In other words, he knows the reception he would receive from Patriots fans and believes it’s best to stay away.

Patriots-Steelers is the traditional season-opening game that’s played at the site of the defending Super Bowl champion and in front of a national TV audience. DeflateGate will still be a topic of conversation on the broadcast and in the days leading up to the game, but Goodell is hoping his absence will help make it a side story and not the focus of the broadcast.

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Marcus Mariota expected to start on Thursday night

Marcus Mariota, Justin Houston AP

On Tuesday, Titans coach Ken Whisenhunt said that he wasn’t sure whether quarterback Marcus Mariota would play in Thursday night’s preseason finale against the Vikings.

Whisenhunt said he didn’t think there was a magic number of reps for a player to take in order to be ready for the regular season although he did add, via the Tennessean, that “you defeat the purpose of what you’re trying to accomplish if you tell somebody he’s not playing in the game.” It seems that Whisenhunt has opted not to deliver that message to Mariota.

John Glennon of the Tennessean reports that Mariota is expected to be in the starting lineup against Minnesota. If that’s the case, the rest of the Titans starting offense is going to be in the game as well because the Titans aren’t going to compound the risk of injury to Mariota by sending him out there with backups doing the blocking, running and catching.

Mariota has completed 19-of-27 passes for 252 yards and an interception this summer while adding 17 more yards on five carries. Most of his work has come as a pocket passer, which was an area of concern heading into the draft. Mariota has looked solid, though, and you’d expect him to improve with more time running the offense, which may explain why the Titans would want to play him in a game that’s often left for players way down the depth chart.

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Robert Kraft: Now we can return our attention to the field

Robert Kraft, Tom Brady AP

Patriots owner Robert Kraft is the latest NFL figure to issue a statement in response to Judge Richard Berman’s decision to overturn Patriots quarterback Tom Brady’s suspension.

It comes as no surprise that Kraft is happy with Berman’s ruling.

“As I have said during this process and throughout his Patriots career, Tom Brady is a classy person of the highest integrity,” Kraft said. “He represents everything that is great about this game and this league. Yet, with absolutely no evidence of any actions of wrongdoing by Tom in the Wells report, the lawyers at the league still insisted on imposing and defending unwarranted and unprecedented discipline. Judge Richard Berman understood this and we are greatly appreciative of his thoughtful decision that was delivered today. Now, we can return our focus to the game on the field.”

The lawyers at the league include chief counsel Jeff Pash. Judge Berman cited the inability to cross-examine Pash, who had a hand in editing the Wells investigation that the league called independent, as one of the reasons for vacating the suspension.

There will still be a few eyes on the courtroom with the NFL appealing the decision, although that’s not likely to have an impact on the field for the Patriots in 2015 since the league won’t be looking for a stay of the ruling. Berman’s ruling only pertains to Brady, so the Patriots will still have to fork over $1 million, their 2016 first-round pick and their 2016 fourth-round pick after Kraft opted to accept those penalties rather than fight the league earlier this year.

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NFL won’t seek a stay of Berman’s ruling, leaving Brady free to play

Tom Brady, Wes Horton AP

The NFL will appeal Judge Richard Berman’s decision to erase Tom Brady’s four-game suspension, but they reportedly won’t be trying to keep Brady off the field against the Steelers next week.

According to multiple reports, the league will not seek a stay of Berman’s ruling as part of their appeal. If they tried for and were granted a stay by the Second Circuit Court of Appeals, Brady’s suspension would remain in place pending a decision by that court.

With no stay, Brady will be free to play until and unless that decision comes back affirming the league’s right to suspend Brady. If things did go that way, Brady could conceivably wind up suspended for the first four games of the 2016 season.

While the appeal means there’s still a lot of legal wrangling to come, it should be lower profile than what we’ve seen this summer. With Brady set to be on the field, the legal proceedings will likely take a backseat to the action in the stadiums.

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Vegas bumps line in wake of Brady ruling

Pamela Anderson And Chrissie Hynde Take Part In PETA's Dan Mathews Wedding To Jack Ryan Getty Images

There have been and are going to be responses from all around the football world to Judge Richard Berman’s decision to wipe out Patriots quarterback Tom Brady’s four-game suspension.

Some of those responses will be official, like the NFL’s notice of their plan to appeal the decision, and some will be less formal, like the victory lap that the Patriots are taking on Twitter Thursday. We’re not sure exactly where Las Vegas sportsbooks fall into that spectrum, but we do know that plenty of people are paying attention to them and that they were paying attention on Thursday morning.

VegasInsider.com has the lines from a variety of books and, as you’d expect, they show that the Patriots have become stronger favorites in the wake of the ruling. Most books had the Patriots as 3- or 3.5-point favorites coming into Thursday and they’ve now been bumped up to 6.5- or 7-point favorites with Brady now set to be in the lineup.

If enough bettors believe that the Patriots will be able to pour it on at home against a Steelers team that will be missing Le’Veon Bell, Maurkice Pouncey and Martavis Bryant on offense and a remade defense in its first regular season game, that line will get even bigger over the next week.

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Greg Hardy considering an appeal of his four-game suspension

Greg Hardy AP

Not only did the NFL lose in court again today, they might have more court dates in their future.

According to Todd Archer of ESPNDallas.com, Cowboys defensive end Greg Hardy is conferring with NFLPA officials to determine whether he’ll appeal for a reduction of his already reduced four-game suspension.

With the Tom Brady ruling a significant win for the players union, they’re going to be emboldened to push every case, and Hardy has what could be considered a good one.

While his suspension was reduced from 10 games to four by arbitrator Harold Henderson, that’s also double the standard punishment for domestic violence under the old conduct policy — which was in place when Hardy was arrested in 2014 as a member of the Panthers.

But when commissioner Roger Goodell initially announced Hardy’s 10-game ban, he said it was for the broadly defined “conduct detrimental to the league” rather than the domestic violence itself.

With the wind blowing strongly in favor of players now, it only makes sense for them to raise sails and see how far they can go.

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Goodell: We disagree with the decision and will appeal

goodell AP

The NFL is not done fighting on Deflategate.

Hours after Judge Richard Berman vacated Tom Brady’s four-game suspension, NFL Commissioner Roger Goodell released a statement saying the league disagrees with Berman’s ruling and will appeal.

“We are grateful to Judge Berman for hearing this matter, but respectfully disagree with today’s decision,” the statement said. “We will appeal today’s ruling in order to uphold the collectively bargained responsibility to protect the integrity of the game. The commissioner’s responsibility to secure the competitive fairness of our game is a paramount principle, and the league and our 32 clubs will continue to pursue a path to that end. While the legal phase of this process continues, we look forward to focusing on football and the opening of the regular season.”

An appeal could take a long time, so this is far from over. In fact, it’s entirely possible that if the NFL wins the appeal, it will be several months from now — and Brady will be suspended for four games in 2016.

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Berman: Goodell “may be said to have dispensed his own brand of industrial justice”

Roger Goodell AP

Judge Richard Berman did not directly address whether or not NFL Commissioner Roger Goodell was sufficiently impartial in his decision to uphold Patriots quarterback Tom Brady’s four-game suspension on appeal, but he did take issue with the way Goodell wielded his power in the Thursday ruling nullifying the suspension.

While discussing reasons why a judge could overturn an arbitrator’s award under a collective bargaining agreement, Berman notes that an arbitrator “is not free to merely dispense his own brand of industrial justice.” He also notes that the “law of the shop” in the NFL is for players to be made aware of prohibited conduct and potential discipline, something that Berman finds the NFL did not do in regard to Brady. Furthermore, Berman cites former NFL Commissioner Paul Tagliabue’s ruling in the Bountygate case that he knew of no cases where the NFL suspended a player for failing to cooperate with an investigation.

“Because there was no notice of a four-game suspension in the circumstances presented here, Commissioner Goodell may be said to have ‘dispense[d] his own brand of industrial justice,'” Berman writes in his decision.

Taken on top of Berman’s finding that the league’s investigation into the entire affair was not as independent as they maintained throughout the process, the ruling does much to cast doubt on the NFL’s process of and/or interest in reaching the fairest conclusion for all involved.

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Judge didn’t buy NFL’s claims that Ted Wells was “independent”

Brady AP

When the NFL first announced that Deflategate would be investigated, it hired Ted Wells to lead what the league termed an “independent” investigation. More than seven months later, Judge Richard Berman has made clear that he doubts Wells’s independence.

In his opinion vacating Tom Brady’s suspension, Berman put the word “independent” in quotation marks when he used it to refer to Wells’s investigation. And Wells made clear that he believes the NFL’s handling of Wells’s investigation was unfair to Brady, noting that NFL general counsel Jeff Pash was allowed to edit Wells’s report, while Brady was not allowed to question Pash.

“Denied the opportunity to examine Pash at the arbitral hearing, Brady was prejudiced. He was foreclosed from exploring, among other things, whether the Pash/Wells Investigation was truly ‘independent,’ and how and why the NFL’ s General Counsel came to edit a supposedly independent investigation report,” Berman wrote.

Berman also wrote that it was “seemingly inconsistent” for Wells’s law firm to act as counsel to the NFL while simultaneously conducting an “independent” investigation.

The NFL paid Wells millions to conduct its investigation. Judge Berman thinks that very fact shows Wells’s investigation lacks independence, because when someone is paying you millions of dollars, you’re probably going to tell them what they want to hear.

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NFLPA thanks Judge Berman, points out Goodell’s record in court

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As you might imagine, the NFLPA was rather pleased by Judge Richard Berman’s ruling which overturned Tom Brady’s #DeflateGate suspension.

And in their celebration, they were careful to note that this was merely the latest loss in court for NFL commissioner Roger Goodell.

“The rights of Tom Brady and of all NFL players under the collective bargaining agreement were affirmed today by a Federal Judge in a court of the NFL’s choosing,” NFLPA executive director DeMaurice Smith said in a statement. “We thank Judge Berman for his time, careful consideration of the issue and fair and just result.

“This decision should prove, once and for all, that our Collective Bargaining Agreement does not grant this Commissioner the authority to be unfair, arbitrary and misleading. While the CBA grants the person who occupies the position of Commissioner the ability to judiciously and fairly exercise the designated power of that position, the union did not agree to attempts to unfairly, illegally exercise that power, contrary to what the NFL has repeatedly and wrongfully claimed.

“We are happy for the victory of the rule of law for our players and our fans. This court’s decision to overturn the NFL Commissioner again should signal to every NFL owner that collective bargaining is better than legal losses. Collective bargaining is a much better process that will lead to far better results.”

That’s a fairly strong gloat at a moment when the league is reeling, from a loss even bigger than the Saints alleged bounty scandal and bigger than anything involving Ray Rice or Adrian Peterson or Greg Hardy.

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PFT Live: Ben Volin, Peter King, Kurt Warner

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The ruling is in and Tom Brady’s suspension is off.

As you can imagine, Judge Richard Berman’s decision to wipe out the Patriots quarterback’s four-game suspension will be a major focus of Thursday’s PFT Live. Ben Volin of the Boston Globe, Dan Wetzel of Yahoo Sports and Peter King of MMQB.com will join Mike Florio to discuss the ruling, whether the NFL will appeal and more fallout from a major victory for Brady and the NFLPA on Thursday.

We’ll also be talking to two-time NFL MVP Kurt Warner during the show and Florio will also be visiting with PFT Commenter, so we’ll get several opinions about the long-awaited decision.

As always, we also want to hear what PFT Planet thinks. Email questions at any time or get in touch on Twitter at @ProFootballTalk to let us know what’s on your mind.

It all gets started at noon ET and you can listen to all three hours live via the various NBC Sports Radio affiliates, through the links at PFT, or with the NBC Sports Radio app. You can also watch a simulcast of the first hour by clicking right here.

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