On Wednesday, the NFL and the NFLPA are scheduled to return to Judge Richard M. Berman’s courtroom for a settlement conference and oral argument regarding Tom Brady’s four-game suspension. But there’s another wrinkle to the proceedings that could become very interesting.
Sal Paolantonio of ESPN reports that Wednesday’s session “could include testimony from witnesses.”
So who would the witnesses be? The parties have agreed that there’s no need for any evidence to be developed beyond the 456-page appeal hearing transcript, the 243-page Ted Wells report, and any other exhibits introduced during the league’s in-house procedures. With Commissioner Roger Goodell and Brady not required to attend, they presumably wouldn’t be testifying.
It’s possible that Judge Berman, whose questions this past Wednesday focused much more on the underlying facts that have no real bearing on the outcome of the litigation than the legal principles that do, is curious about the potential testimony of Patriots equipment staffers John Jastremki and Jim McNally. Neither testified at the appeal hearing, and neither have told their story at any time under oath.
Armed with text messages that for whatever reason Ted Wells and his team of investigators didn’t completely study before questioning McNally, having McNally and Jastremski put a hand on the Bible and promise to tell the truth the whole truth and nothing but the truth before getting grilled about all of the text messages in the presence of the judge could finally produce the Nathan Jessup moment that Wells for whatever reason was unable to secure when privately interviewing them.
Even if it’s completely irrelevant to the issues that Judge Berman will be resolving, it’s a fascinating potential twist that would instantly make #DeflateGate far more compelling. And if Judge Berman decides he wants to hear from them, there’s really nothing either side can do as a practical matter to stop him.