Judges appointed for Tom Brady appeal

AP

Next Thursday, lawyers representing the NFL and Tom Brady will head to federal appeals court for the latest legal argument in the #Deflategate saga. This Thursday, the three judges who will handle the appeal were assigned.

Per multiple reports, they are Chief Judge Robert A. Katzmann, Judge Denny Chin, and Senior-Status Judge Barrington D. Parker.

Katzmann was appointed by President Bill Clinton, Chin was appointed by President Barack Obama, and Parker was appointed by President George W. Bush. Under the loose, superficial, Republican/Democrat conservative/liberal litmus test, Brady has a potential 2-1 advantage, since judges appointed by Republicans tend to issue pro-business rulings, and judges appointed by Democrats tend to issue pro-individual rulings.

Lawyers who routinely practice in the U.S. Court of Appeals for the Second Circuit will have a better sense as to whether these judges have been true to the ideologies that qualified them for appointment in the first place. With a lifetime assignment, sometimes judges evolve.

For now, the luck of the draw suggests good news for Brady in his quest to stave off a four-game suspension.

93 responses to “Judges appointed for Tom Brady appeal

  1. Judges Judy, Joe Brown, and Wapner can hear this case and it won’t matter. The facts are so slanted in Brady’s favor, the power of the NFL commissioner will never be the same.

  2. Meanwhile, there’s a story about a Raven with multiple PED violations. This is Goodell’s integrity. What a joke. Peyton Manning should be the one standing before a 3 judge panel, for assault with a deflated (from HGH) scrotum.

  3. When are they going to appoint the judge(s) for the trial of Roger Goodell et al on charges of corruption, conspiracy to defraud, unarmed robbery ( Patriots Saints and Dolphins draft choices suspensions and money) and RICO?

  4. Is this really happening?

    After all of Roger’s lies and fantasies have been totally debunked….we are still going through with this?

    Rog, expect another certain beatdown, just like the last one.

    We will all be laughing at you. Again. Twice as hard.

  5. Let me be the first to comment on how superficial this analysis is. But it’s the internet, so baseless speculation is never wrong, right?

    BTW, it’s Barrington Parker, JR. His father was also a judge, on the DC Circuit who died in 1993.

  6. I’m convinced Brady did nothing. However, I was stunned the court ruled in the Pats favor. Only because the players bargained away this power to Goodell, in exchange for a bigger piece of the money pie. Make no mistake, the NFL has a real shot on the appeal. Not favorites, but a 30% shot. The Well’s report was garbage. Brady, who is gonna make way more money after his NFL career, testified under oath. Goodell, moved the goalposts, and then blatanly lied. Hid Pash and did’t want the ‘Dorito Dinks’ to testify. Leaked falsely incriminating info they never corrected, to this day. The whole thing was about other, beaten owners, cheering on Goodell because he smashed the ‘spygate’ tapes. Even though there was nothing there and the tapes were shown to the media. Losers won’t admit they lost when they can think of an excuse. Like Harbaugh because he got shown up when he got outcoached(boo hoo). It was overkill, but now it’s about losing power to the players. The NFL grossed 11 bil last last yr, got the LA deal done and got another TV contract for the terrible idea called Thursday night FB. Goodell fired? In your dreams.

    No matter. Even though Manning seems to skate on his transgressions, even he can’t hold a candle to Brady’s postseason record, Brady will end up considered the GOAT. And there’s nothing the vocal minority can do about it.

  7. If you’re going by who appointed the judges, it’s more likely 2-1 for the NFL since Brady has so publicly come out for that buffoon, the Donald.

  8. It is truly amazing that Goodell is still going through with this. His astute legal team admitted to Judge Berman in court that after all this, they have no proof of any wrongdoing.

    The NFL had no clue what the ideal gas law was. They must now, as they had their chance to monitor footballs in the 2015 season and we were just waiting for their big AHA announcement…..but instead, “crickets”

    This is beyond a joke and I hope Goodell gets embarrassed again in court.

  9. can’t wait for this putrid cheating bum to get his just deserves.hopefully,because of the insurmountable evidence,they actually increase his penalty to 12 games…this cheating bum deserves no less.

  10. So how many millions has Goodell spent to try to convict with no evidence for an alledged crime that made no difference?
    Bye Bye, Roger!

  11. How did Belichick pull this off? I swear, he is always up to something. He probably recorded the judges doing something not graceful and manipulated the system to have such judges. These judges have never over turned anything in the second circuit. I guess supreme court we go there. Goodell, more foolishness to your elbows.

  12. The NY Times & a physics professor @ MIT ( who is a Eagles fan) have both stated there was no tampering. 60 Minutes Sports has also disputed the Wells/Pash report , yet the NFL continues this witch hunt against Tom. It defies logic,then again the NFL did admit they had no idea cold temperatures caused pressure to drop in footballs, a 7 th grade science lesson.
    Travesty of justice!

  13. The NFL wins either way. If Brady doesn’t have to miss four games it’s better TV ratings and more revenue. If Brady has to sit four games, that’s going to create a lot of publicity for the NFL.

  14. This appeal wouldn’t be an issue had Brady and McDaniels not choked in the AFCC game. If we had won the SB, nobody would care about this issue. I’m sorry but that loss still stings.

  15. .
    I’m expecting the mother of all job actions when the current owners / players agreement expires in 2021. I wouldn’t be surprised if it were a year lockout.
    .

  16. Goodell and NFL has botched this at every point, and they continue to botch it with their appeal. Just drop it, even fans educated on the controversy that dont like Brady think he didnt do it. The only people who think he should be suspended are irrational fans, who are one sided like the NFL.

  17. “For now, the luck of the draw suggests good news for Brady in his quest to stave off a four-game suspension.”

    Brady’s best chance to stave off a four game suspension is Berman’s ruling itself. It is both well founded and well written. In the presence of a CBA and federal labor law the commissioner’s office is not entitled to move the goal posts and ‘dispense it’s own version of industrial justice’ which they clearly did by denying discovery, abrogating any semblance of impartiality in the hearing and handing down punishment without notice.

  18. I am sooooo hoping that the day after the appeal ruling gets handed down Brady launches an $800M defamation case against Goodell. Now that could be fun…

  19. Judge selection doesn’t matter that much. Every judge will want to uphold another judges ruling if they deem it to be correct. The appeals process is not designed to skip over the original ruling and re-rule on the case. There has to be something wrong with the original ruling.

  20. Brady will win, next season The Patriots will win. We all know this ahead of time. That pisses a lot of people off. Spoiled in Patriot nation.

  21. With so much at stake for NFL HQ, it boggles the mind that they chose THIS case to play hardball. They easily could have waited for another case (it’s inevitable) to go to war over instead of one in which they’ve looked foolish, biased, and corrupt.

  22. Our quarterback goes to Super Bowl parades in the off season. Your quarterback goes to court.
    ———
    Yeah but does your quarterback go to 4 Super Bowl parades and also beat NFL HQ in court in the off season? Nope.

  23. The biggest “judge stat” isn’t which prez chose them but rather that Berman has a 97% success rate in 2nd-court decisions going his way. And the second biggest stat is that Berman listed several points of NFL likely impropriety/failings that he put to one side because they weren’t needed to be delved into in order to throw the case out simply on Brady not getting a fair appeal process.

  24. Brady will lose round. He should have lost the first round. But he had a judge who believed that pictures of little Brett has a direct impact on the out come of games. He will not be so lucky this time.

  25. Let this be a lesson to Patriot Hater and their inferior team.

    Work harder and smarter than the 4 time World Champions. Then maybe you will compete with them and beat them. Cry that those meanies cheated and aren’t playing fair…well I look forward to another 15 years as the top dog on the block.

    🙂

  26. As crazy as it seems, the NFL has nothing to lose at this point. It’s like the episode of Seinfeld when Kramer tried to get the gas gauge needle past “E.”

    It’s a bit o a crap shoot wit the judicial system, and on the off chance that the court reverses Berman’s ruling, you can bet the NFL will be proclaiming how they were right all along. Even if the reversal is related only to the technicalities of Goodall’s authority and have nothing to do with Brady’s involvement (or lack thereof) in supposedly deflated footballs, you can bet the NFL PR machine will do all they can to let people think Brady and the Patriots were somehow guilty of actual wrong doing. After all, we’re still waiting for them to correct the reports from Mort about the “2 lbs” under footballs.

  27. gysot says:
    Feb 25, 2016 7:35 PM

    Our quarterback goes to Super Bowl parades in the off season.
    ————————–

    That seems sort of sad, to travel around like that, city to city, just to watch a parade.

  28. limakey says:
    Feb 25, 2016 8:11 PM
    Brady will lose round. He should have lost the first round. But he had a judge who believed that pictures of little Brett has a direct impact on the out come of games. He will not be so lucky this time.
    ______________________

    Looks like you’re still at it, but this is a strange post. You must be running out of ammunition now that most people (except the haters and Goodell) have come to the realization that Deflategate was pure fiction after all.

  29. Actually all three judges were originally Clinton appointees and all have upheld vacated arbitrator rulings

    Worst news possible for Goodell

    Seems to me the court is sending him a message to tell them not to bother going forward after this

  30. It’s telling that Goodell said that the random PSI tests the NFL conducted is not for research. That’s the easiest way for him to prove that abnormal deflation happened yet he passed. Maybe he’s lying again after all the NFL had back up footballs during the Hawks-Vikings game because he knew that the PSI will change because of the weather.
    Brady will win again because the NFL violated his basic right to fair hearing. That’s all there is to it.
    Goodell also keeps quantum-leaping Brady’s guilt trying to change the original findings of the Wells report. Judge Berman was not muddled and these judges will not be bamboozled also. It’s an epic waste of money and time.
    No evidence just wordplay and lies.

  31. gysot says:
    Feb 25, 2016 7:35 PM

    ……… Your quarterback goes to court.

    ———————————————————–

    It seems that your Quarterback might be doing the same 😉

  32. The appeals court and Supreme Court if they ever agreed to hear it can probably phone this one in

    Did the players give a lot of power to Goodell in the last CBA? Sure.

    But that doesn’t mean Goodelll can just opt not to follow the CBA

    It means Goodell has to still conduct a fair and impartial investigation and appeal

    In short no CBA gives Goodell the right to ignore the US Constitution

    Judge Berman questioned whether Goodell even knew there was a CBA . Now that Goodell has been caught embezzling $120 million from the players it appears Berman’s concern was correct

    Goodell’s legal argument that his power exceeds the Courts and Constitution won’t go well

  33. I am sooooo hoping that the day after the appeal ruling gets handed down Brady launches an $800M defamation case against Goodell. Now that could be fun…
    ——————————————————–
    I doubt he does this, but if he did it would be both the NFL and ESPN.
    It’s hard for a public figure to do this but the basics of what you need for a defamation case is present.
    Someone made a statement-yes Godell, Mortenson exc.
    that statement was published-yes
    the statement caused you injury- Did Brady lose money, reputation over this? Did he lose prospective money in the future?
    the statement was false- seems that way- at the very least the Mortenson report.
    the statement did not fall into a privileged category-It wasn’t said in court so..no it wasn’t.

  34. It could be 3 monkeys and it won’t matter. This case couldn’t stick to anything if you used crazy glue. Brady wins this unanimously. There won’t be a dissenting opinion on this.

  35. jchipwood says:
    Feb 25, 2016 7:56 PM
    Kraft is already slimming them up.
    ====================
    You would think the NFL would have more $$$ than Kraft. Just sayin. Maybe the NFL knows it’s waste of $$$.

  36. Anyone of you still calling for Brady to lose are simply haters. The evidence (or lack of) clearly shows nothing was done to the footballs, that there was no scheme, no nothing. Oh I know you’re argument about text messages… look, the text where McNally calls himself the deflator, comes over 4 months before the text from JJ to his girlfriend about the balls in the Jets game. In that text he tells her that “Tom was right, I checked the balls. they were supposed to be at 13, they were at 16”. This is after they deflator text people. So if he’s supposed to deflate balls below 12.5 why would JJ state they are supposed to be at 13 months later??? Why would he have a reason to lie to his girlfriend about the pressure? This whole thing is a joke of a witch hunt.

  37. harliecharger says:
    Feb 25, 2016 5:46 PM

    The NFL wins either way. If Brady doesn’t have to miss four games it’s better TV ratings and more revenue.
    —–
    And fans win because the clock starts running on Goodell’s job.

    🙂

  38. Brady not only WHOOPS your team on the field, he WHOOPS the NFL’s team in court. 🙂

    He really is the greatest quarterback of all time! 🙂

  39. majormalphunktion says:
    Feb 26, 2016 8:58 AM

    I am sooooo hoping that the day after the appeal ruling gets handed down Brady launches an $800M defamation case against Goodell. Now that could be fun…
    ——————————————————–
    I doubt he does this, but if he did it would be both the NFL and ESPN.
    It’s hard for a public figure to do this but the basics of what you need for a defamation case is present.
    Someone made a statement-yes Godell, Mortenson exc.
    that statement was published-yes
    the statement caused you injury- Did Brady lose money, reputation over this? Did he lose prospective money in the future?
    the statement was false- seems that way- at the very least the Mortenson report.
    the statement did not fall into a privileged category-It wasn’t said in court so..no it wasn’t.


    I’d love to see Brady do it but I don’t think he will.

    The equipement guys on the other hand….. 🙂 Much lower bar for them to prove defamation. And by all reports they are declining to talk about this case which all but guarantees they have already lawyered up and will be ready to pounce when the time is right.

    🙂

  40. If you’re in a union you should care very much about this appeal. At this point this has nothing to do with guilt or innocence. Simply put if the NFL wins this case the precedence will be set that allows not only Goodell unfettered authority to impose sanctions against an employee but it will apply to any similar collective bargaining agreement. You may relish a four game suspension for Brady but be careful what you ask for. This is about fair treatment. Period. There will nothing in place to protect your team’s players. All of you should support the court upholding Berman’s decision whether for your team’s protection or for you own personal protection.

  41. greggallmansliver says:
    Feb 26, 2016 2:20 PM

    If you’re in a union you should care very much about this appeal. At this point this has nothing to do with guilt or innocence. Simply put if the NFL wins this case the precedence will be set that allows not only Goodell unfettered authority to impose sanctions against an employee but it will apply to any similar collective bargaining agreement. You may relish a four game suspension for Brady but be careful what you ask for. This is about fair treatment. Period. There will nothing in place to protect your team’s players. All of you should support the court upholding Berman’s decision whether for your team’s protection or for you own personal protection.
    —————–

    Bingo. 🙂

    All intelligent and informed football fans in existence want Brady’s side to prevail here. This is about workplace rights, plain and simple.

    Should an employer have the authority to punish arbitrarily on a whim for any reason they feel like? That is what the NFL is arguing should happen. It will be chilling if the 2nd Circuit gets this wrong and rules the other way.

  42. Not for nothing: Berman vacated another arbitration award in a case he heard two weeks after Ballghazi. The case was Attia v. Aduionamix Inc., 2015 WL 5580501 (S.D.N.Y. Sept. 21, 2015).

    The money paragraph is: “A fundamentally fair hearing requires that parties be permitted to present evidence and cross-examine adverse witnesses.”

    Does that sound familiar to anyone?

  43. After TB12 wins once AGAIN, that will make the tally:

    AMONG VOTING FEDERAL JUDGES:

    For The Greatest Quarterback of All Time: 4
    For The Worst Commissioner in History: 0

  44. Just think about how that 10 to 15 million they are spending get on this could have helped countless less fortunate people…even those retired players who are broke. Anyone but lawyers. I am sick of football in general.

  45. gaffya says:
    Feb 25, 2016 4:48 PM

    can’t wait for this putrid cheating bum to get his just deserves.hopefully,because of the insurmountable evidence,they actually increase his penalty to 12 games…this cheating bum deserves no less.
    ________________________________________

    Comments often heard from the Troll’s Loser’s Circle…”Insurmountable Evidence”? Please list this for us and earn some credibility for your fellow Trolls. (But remember, ESPN lies, NFL lies and Trolls’ opinions are not “Evidence”…That is just Crybaby Soup from the Loser’s Circle)

    Let’s hear it…

    Crickets!

    Kiss The RingS!

  46. Thanks to the Trolls Brady is in a no lose situation…

    We’ve been hearing for months how Judge Berman’s decision doesn’t mean Brady is innocent. Therefore, any ruling by these judges doesn’t mean he is guilty…

    Thanks Trolls!

    TB12 & Patriot Fans WIN AGAIN!

  47. BradyIsTheGCOAT says:
    Feb 26, 2016 10:44 AM

    The response to TBCheat before super bowl 50 is all you need to know about americas sentiment towards this skid mark. Ban him for life.
    _________________________________________

    Awe, how cute. More name calling from Troll Fantasy Island and the Loser’s Circle…

    Run along Troll before the facts fall out of the sky and crush you! Go work on some more cute names and #s…

    TB12 & Patriot Fans WIN AGAIN!

  48. mmack66 says:
    Feb 25, 2016 9:01 PM
    gysot says:
    Feb 25, 2016 7:35 PM

    Our quarterback goes to Super Bowl parades in the off season.
    ————————–

    That seems sort of sad, to travel around like that, city to city, just to watch a parade.
    ________________________________________

    Yeah, except for the fact that no other region has hosted more Super Bowl Parades in the past 20 years than NE…

    Oops! Those darn facts…

    You lose again Troll!

    Kiss The RingS!

  49. dsigrey says:
    Feb 26, 2016 9:21 AM

    Anyone of you still calling for Brady to lose are simply haters. The evidence (or lack of) clearly shows nothing was done to the footballs, that there was no scheme, no nothing. Oh I know you’re argument about text messages… look, the text where McNally calls himself the deflator, comes over 4 months before the text from JJ to his girlfriend about the balls in the Jets game. In that text he tells her that “Tom was right, I checked the balls. they were supposed to be at 13, they were at 16”. This is after they deflator text people. So if he’s supposed to deflate balls below 12.5 why would JJ state they are supposed to be at 13 months later??? Why would he have a reason to lie to his girlfriend about the pressure? This whole thing is a joke of a witch hunt.
    ________________________________________

    Wait a second…You are confusing the Trolls with facts and logic! They will never allow this on Troll Fantasy Island. They only allow ESPN headlines there. Any deeper analysis and their Troll heads explode…To avoid this, they stick their fingers in their ears and say Nan-a-Nan-a Boo Boo until you stop speaking…Then claim they won the argument…

    TB12 & Patriot Fans Win Again!

  50. Brady needs to focus on repairing his marriage (Google “Brady, cheating, nanny, divorce”) and figuring out how to beat Denver.
    _____________________________________
    Brady’s recent “family puppy” pics? Pure damage control by his pr firm. Brady could care less about puppies.

  51. gints1017 says:
    Feb 25, 2016 5:43 PM

    Guilty.
    ________________________________________

    Correct. As a Troll, you are guilty being duped by the Marketing Master, Roger Goodell.

    How does it feel to be played a fool by this liar and ESPN?

    Poor Troll Fools…

    TB12 & Patriot Fans Win Again!

  52. broncoscheatedthesalarycapisadouche says:
    Feb 25, 2016 5:26 PM

    One last thing….

    Gostkowski… Wide right!!!!! Ya Baby!!
    ________________________________________

    One last thing..

    Patriots are the most dominate team in the past 20 years! Ya Baby! One loss doesn’t define the Patriots.

    You pound your chest about one win. We’ll pound ours about 20+ years of dominance. Looks like we win again…

    Sorry…

    Run along now Troll, the adults are talking here…

    TB12 Wins Again!

  53. When the league loses… They will move up the appeal chain… drag this out indefinitely. They have to. Article 46 is on the line and the ultimate power of Commissioner , collectively bargained, must be protected.

    Deflategate , as we all (except for idiot haters) know was never about justice or fairness , but vindictive childlike spite on the part of jealous owners convinced Kraft had the commissioner in his hip pocket.

    IMO… Many owners feel the Patriots got to skate on Spygate and Goodell was complicit in it. He had to prove he isn’t Bob Kraft’s lackey and I think it was spelled out by several owners at the start of this that the Patriots must be made an example of. (or else)

    It is unfortunate football fans have to be dragged into this soap opera as we watch millions and millions of dollars be spent on … well… nothing. Imagine the houses that will be built with this money. These monuments of stupidity and vindictive gratification on the part of idiot billionaires.

    Frankly… IMO … it is sickening…

  54. gysot says:
    Feb 25, 2016 7:35 PM

    Our quarterback goes to Super Bowl parades in the off season. Your quarterback goes to court.
    ———————————————-
    They’ve both gone to 4 Super Bowl parades. Difference is Brady’s been in 4, Pay-a-ton has been in 2 and watched his brother’s 2. Which would you prefer?

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