Failure to produce McNally one more time made it easier for NFL to hammer Patriots

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The Patriots originally pledged full cooperation with the NFL’s investigation into football inflation. Eventually, however, the Patriots decided that cooperation had its limits.

The team declined to make Jim McNally, who had been interviewed multiple times during the process by league officials and by Ted Wells, available for a follow-up interview. As explained at page 87 of the report, Wells wanted to ask McNally specifically about a text message he sent to John Jastremski at or around halftime of New England’s game against the Packers at Lambeau Field on November 30, 2014: “Deflate and give somebody that jkt.”

Because McNally worked for the Patriots only at home games, he wasn’t in Green Bay for the game against the Packers. But the comment possibly relates to deflation activities in which McNally was involved during games played at Gillette Stadium. Ultimately, no further light was shed on the message because McNally wasn’t made available for another interview.

Per a league source, McNally was willing to be questioned again by phone, but the NFL declined the offer. For a variety of reasons — including the fact that he’d been ambushed at his home by ESPN’s Kelly Naqi based on a perceived leak from her husband, a former league-office employee who now works for the Jaguars — McNally didn’t want to submit to yet another face-to-face interview.

In hindsight, the Patriots should have encouraged McNally to do it. In hindsight, the Patriots also should have encouraged Tom Brady to surrender his text messages and emails for examination pursuant to the “extraordinary safeguards by the investigators to protect unrelated personal information.” It’s unclear whether cooperation on those points would have changed the outcome, but the outcome becomes easier for the NFL to defend by pointing to the separate violation arising from the failure to cooperate.

The failure to cooperate also makes it easier for the jurors in the court of public opinion to conclude that something unsavory occurred. Whatever the justifications at the time cooperation is refused, the perception once the dust settles is that someone who refuses to cooperate has something to hide.

101 responses to “Failure to produce McNally one more time made it easier for NFL to hammer Patriots

  1. I love how the Pats had no problem firing the equipment guys as if they did this on their own. Like we all can’t see the pressure put on these individuals, by we all know who. If the Pats feel they were all innocent than why this action.

  2. The dirtiest sports team in history. Nothing they’ve ever won can be considered clean.

  3. I love that it was New England’s arrogance (which is very much shared by their fans) that ultimately did them in. Hey Pats fans, right now “you hate us cuz you ain’t us”.

    -31 other teams fans

    Disclaimer: I freaking hate that phrase and only used it so maybe the chowds would get how annoying it is.

  4. “Per a league source, McNally was willing to be questioned again by phone, but the NFL declined the offer. For a variety of reasons — including the fact that he’d been ambushed at his home by ESPN’s Kelly Naqi based on a perceived leak from her husband, a former league-office employee who now works for the Jaguars — McNally didn’t want to submit to yet another face-to-face interview.”

    Maybe the same league source would know how Kelly Naqi came to know McNally’s home address?

  5. So the NFL declined a phone interview because a part time Patriots employee didn’t want to be barraged by the full might of the ESPN hype machine? I’ve heard a lot of references about the Patriots being arrogant. How about how arrogant the NFL is? At least the Wells report proved that they only would publish relevant texts to the scandal… oh wait, never mind.

  6. LOL……the pats were getting hammered regardless of what they produced

    people need to stop acting like this was not a witch hunt, that there wasn’t a sting operation

    this is part of the world we live in today nothing is done based on merit…..it is all done based on tearing down the ones on top once they’ve been there too long

    I wonder what punishment the pats will get if garoppolo goes 4-0

  7. Brady will have his day in court (literally) and all 3 men will have their public say on what went on.
    This is just the beginning of this story.

  8. This Wells report is as strong a boiled piece of pasta….let the Patriots and Brady get this report infront of an independent arbitrator and Brady plays week one………

  9. Its clear that the history of cheating by the Patriots began at the top. The system of cheating is run from the top. The culture of cheating within this lowlife franchise is controlled from the top…..Bobby Kraft.
    Cheating is accepted and even encouraged by Bobby Kraft.
    Every title is UNearned and stolen in the eyes of ALL within the league. It is well know throughout the league that the other owners have tired of Krafts history of bringing embarrassment and negativity to the other owners.
    Clark Hunt, Stan Kroenke should lead the effort to sale the Patriots franchise to a respected person.

    Jimmy Haslam is even more respected than Kraft

  10. In hindsight, this was a witch hunt the likes of which have not been seen since the Salem witch trials in 1693.

  11. Whatever miniscule advantage the Patriots got out of these particular shenanigans is greatly over matched by the ruckus it has caused and the punishment they have been issued. Bending and breaking the rules have served the Patriots well but the chickens have come home to roost. Now the league should investigate why the Patriots never seem to fumble at home. More than just a statistical oddity.

  12. In order to have any reason to talk to McNally, you need to conclude that the balls were deflated. These are dependent events.

    1. Balls were deflated
    2. Patriots deflated them
    3. Brady knew

    They skipped one with some non-science and ignoring the evidence in front of them, I would admit that if you prove #1, #2 becomes very likely (since they had means, motive and opportunity) and then they just figured that 3 must be true because, hey. They didn’t even get to the point of proving that anything even happened, let alone that the Patriots did it or Brady knew about it. If you can’t prove the balls were deflated, you can’t prove anyone did anything wrong. It is more probable than not that the balls were exactly where they were supposed to be, which renders everything else moot.

  13. It is interesting that Gostkowski’s failure to cooperate didn’t draw a suspension. I guess the NFL didn’t want to open a second can of worms if the Pats were caught doctering the K balls as well.

  14. Tom Brady cheated.

    Tom Brady got caught.

    Tom Brady has been suspended for getting caught cheating.

    On with the season.

  15. The Patriots and Brady got the gall to request an appeal after they stonewalled Ted Wells during the deflategate investigation.

    New rule: Failure to cooperate during an investigation nullifies the right to an appeal.

  16. Should’ve asked him during one of his first four interviews, eh? Or just called him up?

    Sure, McNally is pretty clearly a bit of a loose cannon from what we can glean from texts, etc., but who the heck would want to submit to that many interviews about a job they only do 10-12 days out of the year?

    And I’d almost forgotten that article by Kelly Naqi, where she pretty much gave the guy’s home address. I’d be steamed, too.

  17. if the patriots are innocent, this whole process was really poorly played by them. they positioned themselves as guilty at every turn, effectively pleading the fifth.

  18. You cheated. Accept your relatively light punishment and move on, and be glad it wasn’t worse.

  19. The failure to cooperate also makes it easier for the jurors in the court of public opinion to conclude that something unsavory occurred. Whatever the justifications at the time cooperation is refused, the perception once the dust settles is that someone who refuses to cooperate has something to hide.

    Exactly. If you feel you have nothing to hide, just cooperate. If you don’t cooperate at all, it certainly feels like you are covering something up. In Brady’s case, he and his agent were given the option to screen out anything they deemed personal and would not have had to hand over his device. So why not do that, especially if you’re given the opportunity to screen out anything that might be incriminating? Sure, you then obviously engaged in a cover-up, but at least you give the appearance of cooperating to the fullest. They still have the incriminating texts from the other two yahoos, but the personal punishment levied on Brady is probably much lighter. Brady could have played that off as “I made one comment to them one time that I liked the ball a little underinflated, but never thought they’d actually act on it.” Maybe he just gets a fine, or a single game suspension – maybe nothing at all.

    For Brady (maybe under the advice of his agent) to not cooperate with such a leniant data request is just incredibly short-sighted and stupid.

  20. the timeline:

    NFL/Wells: We’d like to talk to Mr. McNally
    Patriots. McNally: Sure

    NFL/Wells: We’d like to talk to Mr. McNally again
    Patriots. McNally: Sure

    NFL/Wells: We’d like to talk to Mr. McNally again
    Patriots: Sure, but keep in mind that he has a full-time job in another state and only works for us on game days. Continued requests like this are, according to him and his employer, very disruptive.

    NFL/Wells: We’d like to talk to Mr. McNally again.
    Patriots: Like we said, we understand that these repeated requests are very disruptive. This will have to be the last time.
    NFL: OK

    NFL/Wells: We’d like to talk to Mr. McNally yet again.
    Patriots: You have talked to him on four separate occasions, all of which made him miss work. You indicated that the fourth interview would be sufficient. He is unable to make a fifth interview because he has no personal or vacation days from his New Hampshire employer available to use He would be glad to talk to you by phone., however.

    NFL: no deal

    This is the smoking gun?

  21. Mike…why do I have a feeling that wells would have kept on asking for interviews or other records until he had some sort of refusal? His report was weak from the start and this tactic would help him and Goodell and the rest of the conspirators come down on the Patriots.

  22. dcapettini says:
    May 12, 2015 8:56 AM
    Whatever miniscule advantage the Patriots got out of these particular shenanigans is greatly over matched by the ruckus it has caused and the punishment they have been issued. Bending and breaking the rules have served the Patriots well but the chickens have come home to roost. Now the league should investigate why the Patriots never seem to fumble at home. More than just a statistical oddity.
    ============

    ummm…. because they deflate the balls?

  23. The NFL was probably worried a phone call would be easy for McNally to record some of Well’s tampering of the evidence. And in hindsight, Brady should have brought in the NFLPA who would have shown up Wells for the mafia-lawyer he is.
    Now, unfortunately, despite Goodell being a waste of oxygen, the air won’t be going out of this overinflated click-bait scandal for some time to come.

  24. So the boobs running the investigation interview the guy NUMEROUS times and still have to have him come in again and then he agrees to a phone interview but the NFL says “no”?. Ha Ha HA! Laughable. And the way the NFL conducts “investigations” and has “safeguards” in place so as to not “leak” any personal info…I wouldn’t turn my phone over to them either. The NFL is about as water tight as the Titanic!

  25. gtodriver says:
    May 12, 2015 8:55 AM
    In hindsight, this was a witch hunt the likes of which have not been seen since the Salem witch trials in 1693.

    More like the Spanish Inquisition.

  26. Or perhaps, the league office is just as sickened by the ongoing details coming to light about the behavior of one Aaron Hernandez as the rest of us are, and decided to take this opportunity to twist the blade a couple extra spins.

    I personally don’t think the punishment is too extreme at all, but in any event it seems clear the Pats’ window of leniency has closed, and I have to think other incidents of the past few years have had a lot to do with that.

  27. According to the memory of the head referee, the Patriots footballs lost 1.01 psi of pressure, on average, by halftime.

    According to the calculations of every scientist, including those hired by Mr. Wells, footballs naturally lose 1.13 psi of pressure just by cooling from 71 degrees to 48 degrees.

    How is it that footballs untouched by human hands would be down 1.13 psi in pressure, and at the same time, footballs that were supposedly tampered with were down by approximately the same amount, or even a little LESS?

  28. “Mike…why do I have a feeling that wells would have kept on asking for interviews or other records until he had some sort of refusal?”

    Because you’re a fan and deep into denial.

  29. McNally should have been made available, point blank period. If this was a citizen being question about a crime every person on this thread would say they should have shown up.

    And if you think the punishment isn’t fare, you should talk to the Saints coaches and players who got suspended with no proof of wrong doing. Some of the players careers where over because of this. First the cheated, then they lied about it and then they attempted to cover it up. It’s a scandal. If you are upset with anyone it should be Tom Brady and any who participated in the scandal. They made the situation worst. Anyone remember Bill Clinton, the people were upset that he cheated of his wife but wanted blood after it was known he lied about it.

  30. So the league hammers the Pats because McNally only offered to talk to them on the phone instead of risking his real job to meet in person a 4th or 5th time?

  31. So they could not deflate the balls at away games. That explains why they have lost 8 games away last two seasons and one at home. And the one at home was when Gronk sat out and Brady only played a half because it didn’t matter.

  32. Matty Ice of the Falcons & Noisegate only get a small fine & lose a 5th round pick. Arthur Blank did the right thang & fessed up to evil team wrongdoings & got off easy. Take a lesson snooty Northeasterners.

  33. The Patriots are not totally naive. At some point they realized that this was a kangaroo court with a predetermined outcome.

    I’ve been in similar circumstances and I’ve stopped talking too, once I realized that everything I said could and would be used against me.

    If the media keeps on parroting every word emitted from Goodell’s disinformation campaign, then they won’t have to do any actual reporting.

    In the NFL there are those who play for money and those who play for championships. Journalism is similar. There are those interested in the revenue stream associated with page clicks, and those who actually care about the league, the story and the truth.

    Maybe the media should be demanding Goodell and Wells submit to an interview?
    .

  34. I wonder how many of the people espousing ‘Those with nothing to hide have nothing to fear’ would like to share the entire contents of their digital devices with the NFL (and by extension, via TMZ, the world).

  35. Goodell should just concentrate on building the game. There should be a five member disciplinary board made up of five independent members each paid by both the NFL and the NFLPA. They should be responsible for the investigation and discipline of players and teams.

    It would not only relieve Goodell of the responsibility..but also give the impression of being unbiased.

  36. In all fairnees to the 31 other tems in the the leage the commissioner should really put the HAMMER down on the Patriots. Eye for an eye, tooth for tooth as the saying goes. He should first refund all the fines and draft picks and FORCE them to play under the same conditions that the patriots did to gain an unfair an advantage.
    I propose that for the 2015 season that all opposing teams be
    1. allowed to video tape the Patriots from their sideline
    2. allow all opposing teams to deflate, inflate their footballs to whaterver pressure they feel comfortable with.
    Now that would teach them a lesson. a double whammy. probably go winlees for the season.
    Of course Coach Belicheck might use the knowledge that they are filming their signals and fool them once and a while.I bet the other coaches never thought of that.

  37. can’t wait to see the punishment that the Vikings and Panthers get for taking their balls over to the heater and warming them up during their game …. also a violation of league rules….if you throw the book at one team you throw the book at all that violated the rules

  38. If I’m the Pats, I refuse to play in the first 4 games.

    Just forfeit.

    That will force the issue to be dealt with properly, not a personal vendetta wrapped up as an impartial investigation, led by a man who played in personally loses a lot if he rules against what the NFL wants.

    The possibility of forfeiting games. Only something this ridiculous may lead to the end of Goodell.

  39. The actions of Brady and the Patriots organization show a clear sign of guilt. That consciousness of guilt and evasive behavior is being held against them. There is no need to have a confession or a video tape to deem wrongdoing.

    Yee should be preparing his appeal instead of making absurd public declarations. He should shut up and stop trying to shape public opinion.

    The Pats don’t want McNally or anyone else to stray from the company line to show solidarity. Instead of reducing the suspension, they should increase the penalties and broaden the scope to former players& employees. There’s bound to be more dirt the Pats don’t want made public.

  40. This is the smoking gun?

    No! A guy whose self-said nickname is “The Deflator” and he sends texts concerning deflating before a game is the smoking gun! It would be like the police finding 11 dead bodies all strangled to death and a suspected mob enforcer had written texts messages calling himself “The Strangelator.”

    And Professor Kraft, please explain where on the Ideal Gas Law equation there would be an unequal effect on balls with Patriots logos than ones in the same conditions with a Colts logo?

  41. Yeah, most of the Internet Trolls on this site have no clue what it would be like in Toms Uggs for 1 day..
    I cannot imagine what kind of Photos & messages Tom could have on his phone!!
    He stands next to Joe Montana as the GOAT @ his position!!! This whole witch hunt smells of hidden Agendas & corruption… The League wants parity, yet the Dominance of the Patriots eliminates Buffalo, New York & Miami right out of the Gates…. This will really make the division more competitive, and allow another team to push the patriots for a playoff spot!!!
    I am a Viking Fan, yet, appreciate the Patriots for being a well oiled Machine, like, every year!!! Please, drop your hankies & man up!!!

  42. On the surface, that text message seems to suggest the ball was being deflated on the road as well. And if the Patriots wouldn’t allow McNally to speak to that specific text, that certainly supports that likelihood.

  43. The failure to cooperate also makes it easier for the jurors in the court of public opinion to conclude that something unsavory occurred.
    ===========

    LOL- The “jurors” didn’t need the help. They all had their minds made up well before this report came out.

    What, you don’t think any of them actually read it, do you?

    The “jurors” verdict broke down along the lines that every “case” does in the court of public opinion:

    Patriots fan? Not Guilty
    Not a Patriots fan? Guilty

    The rest is all just static.

  44. McNally was interviewed four (4) times. That is more than enough. As Kraft mentioned in his statement, the man has a full time job that he can’t leave just because the NFL wants to do yet another interview.

  45. Why doesn’t Brady simply admit he liked the balls flatter in cold weather.

    Deflate in GB? I was at that game and Tommy sure wasn’t this super accurate QB in the first half. He was better in the 2nd but still lost.

    v. Indy in the AFCCG – cold too and the balls were flat.

    Doctoring the football would be no different that the Pats adjusting the goal posts on their end of the field to make them wider and the opponents narrower.

    The argument that the Pats destroyed Indy doesn’t matter. No one knows what the outcome might have been with properly inflated footballs. Brady might well have thrown a pick 6 on his first pass and then all bets are off.

    Brady had the balls deflated because he could throw them better. That’s an unfair advantage if they are deflated below the rules, and they were. 4 games is a light sentence IMO especially considering the past transgressions of the Pats organization.

  46. So the guy WAS willing to talk, just not face to face. How is saying, “you can call me but I’m not coming down there,” not cooperating or not making yourself available for an interview? Sounds like the league and Wells were just being petty but then again, that’s exactly what they were throughout this.

  47. i still don’t get where the conspiracy theroists get the NFLs motivation to find guilt in the patriots??

    like roger really sits around saying i can’t wait for the patriots to get in trouble so i can really punish them

    why would he intentionally create drama and problems for the league? do you think he liked having to determine this punishment knowing no matter what he decided it would be criticized by the media for days???

  48. Anyone with any sense of justice should balk at the idea that an authoritarian, biased organization like the league office – which leaks information (true or not) to its chosen sources on a regular basis) – can bulldoze its way through an organization and then hand out punishment because the genuflection and supplication was somehow insufficient.

    Brady and the Patriots did cooperate, they just didn’t allow their privacy and rights to be trampled on the whims of a pack of buffoons who couldn’t keep a secret between them if they were floating on a liferaft in the middle of the ocean.

    In other words, the league and their lapdogs in the media can talk with hushed tones and straight faces about the sanctity of “cooperation”, and “the integrity of the game”, but it’s all subjective and it’s a bunch of nonsense.

    Also, the NFL front office should only be allowed to bandy about the work “integrity” if they put it in quotes. They have none.

    I am not a Pats fan or an apologist. I just see this for what it is.

  49. It is interesting that Gostkowski’s failure to cooperate didn’t draw a suspension. I guess the NFL didn’t want to open a second can of worms if the Pats were caught doctering the K balls as well.
    —————
    This just goes to show how clueless & uninformed other”fans of the game” are….. The game ball has introduced by the ball boy who was Given to Him by an NFL rep that was StEALING approved balls that were souppose to get sold for charity. & the Nfl later fired for his action & the story was a blip on ESPN who started the rumor about that!!!
    Blind jealousy & hate as well as ignorance has ran rampant on this story… But don’t feel alone, once this goes to arbitration & court you’ll also see it has from the start of it all

  50. Is the nfl going 2 place independent employees in charge of footballs? Will footballs be inflated in exactly the same way in the future? Should the nfl develop a ball like the receiver’s glove that makes it easier to hold & throw?

  51. McNally isn’t unavailable until the NFL finally has the incriminating texts. Well that was super convenient for the Patriots. What a coincidence!

    And Brady was never required to turn over his entire damn phone. All he needed to do was turn over all the relevant information that was PRESCREENED BY HIMSELF & HIS LAWYER. That isn’t invasive, and that doesn’t open Tom’s entire phone to random people from the league office.

    (If you don’t understand why this might be useful, go in the corner, sit down, and put your dunce cap on.)

  52. I`m starting to see why Patriot fans are like they are.
    If it was your favorite team getting hit like that with no real proof you would all be crying too.I`m a Bengals fan so i don`t care what happens to the Patriots but there is no way any neutral third party is going to uphold punishment like that based on that “report”.Brady is NOT required to turn over his cell phone and that`s not a admission of anything.
    The report was one sided to the point it disregarded everything that didn`t point to the end they wanted.
    You guys are really going to flip out when this gets to court.

  53. If you read the report, you’d see that the NFL pretty much interpreted everything McNally said in the interviews in ways that suited their conclusion. Anything he said that didn’t fit that conclusion was deemed “implausible.”

    So from the Patriots POV, it really made no sense to grant another interview because they’d just make their own conclusions anyway.

  54. There whole defense is that no one has a video of them cheating, which is BS!! (No smoking gun).
    Brady, and several other Cheaters staff members REFUSED to provide evidence. Specifically, Tom Terrific refused to provide cell phone data. Also equipment manager and ball boy.
    Suspension should have been much longer. (Aints got a year).
    NE cheaters allowed to play in playoffs and Superbowl, after being caught in the act with the evidence.(11 out of 12 footballs.)
    More preferential treatment (wrist slap)for NE Cheaters, whose 4 Superbowl wins are all tainted. Including the “Snow Job”, “Tom Terrific Tuck rule”, and Deflategate.

  55. can’t wait to see the punishment that the Vikings and Panthers get for taking their balls over to the heater and warming them up during their game …. also a violation of league rules….if you throw the book at one team you throw the book at all that violated the rules

    Ah the Vikes play indoors so what fn heaters are you talking about. When they did put them by the heaters in the olden days it was to thaw them out so everyone on the field could use them.

  56. How many here would give their boss access to their cell phone without a warrant? I think Brady did what 99% of us would do in his position. Your employer has no right to access your cell phone unless court ordered.

  57. The NFL interviewed the neutral Walt Anderson and chose to ignore his best recollection. They interviewed J’s friend about tickets, and chose to pretty much ignore what he said. When J offered explanations for the texts, they chose to ignore that too. They chose to ignore the explanation of why McNally wanted to have two needles when the Officials checked the balls. (Couldn’t the referees have confirmed that McNally offered them both a pump with needle for pumping, and a needle for deflating? Nothing said in report.) Don Yee says they ignored what Brady said (supposedly it’s not even in the report so we can’t judge).

    So who would think they’d actually believe anything McNally said? They just wanted more words so as to hang him further. Doesn’t that resemble the way in which a witch hunt works?

    By the way, is there any hint or proof of intentional ball deflation happened in any previous game? Any hint of proof of McNally taking the ball bags out early in any previous game?

  58. Personally, I am curious if during the investigation they checked to see how many times McNally was nominated for employee-of-the-month, and if he ever won.

  59. Brady and the Patriots still have 4 Superbowls in the salary cap era! Unprecedented! Go Patriots! Season needed to get more challenging somehow anyway. You hate us cause you ain’t us! -unapologetic Patriots fan!

  60. This talk of forfeiting games is interesting in that it creates still another thing for Goodell to work out.

    If the Patriots don’t play and forfeit the games (at a minimum, the opening night game), does the NBC/CBS/Fox/ESPN get their money back? And are any bets on the game wiped out and money returned?

    Goodell will probably choose to impose a $10 million fine and another 5 draft picks as penalties if the Pats went that very unlikely route. LOL

  61. The Patriots didn’t cooperate because they didn’t want their definitive guilt exposed.

    They much prefer to hide the facts, then cry about being unjustly charged so they could sway the home folks into believing they aren’t cheaters.

    In the end…they are cheaters.

  62. The NFL did not ‘hammer’ the Patriots, the NFL slapped them on the wrist. Let’s reserve the word ‘hammer’ when referring to sanctions only for the New Orleans Saints…please.

  63. I wonder what punishment the pats will get if garoppolo goes 4-0
    ____________________________

    I wonder how much more whining we’ll all have to hear if he goes 0-4

  64. And what if after he had granted the 5th interview they asked for a 6th? What if they ordered him to have a rectal exam to see if there was a needle up there? Is there literally no point at which they could’ve said “enough already” without the league being able to hit them with the “non-cooperation” hammer?

  65. Florio,

    As you know, in any type of investigation: police, administrative, SEC, etc. “failure to cooperate” is not a crime in itself – it can simply lead to the presumption of guilt. So if Goodell wanted to say that he considers the failure to provide the league with everything they asked for (and the Patriots did provide a lot), a “failure to cooperate,” that’s his perogative I guess. He could then say i presume the Pats are guilty and give them the fine specified in the rulebook: $25k per violation. The problem is he goes well beyond that, making the “failure to cooperate” a crime in and of itself, with substantially more penalty that the actual rules violation. There is no precedential basis for that in any forum.

  66. Florio,

    As you know, in any type of investigation: police, administrative, SEC, etc. “failure to cooperate” is not a crime in itself – it can simply lead to the presumption of guilt. So if Goodell wanted to say that he considers the failure to provide the league with everything they asked for (and the Patriots did provide a lot), a “failure to cooperate,” that’s his perogative I guess. He could then say i presume the Pats are guilty and give them the fine specified in the rulebook: $25k per violation. The problem is he goes well beyond that, making the “failure to cooperate” a crime in and of itself, with substantially more penalty that the actual rules violation. There is no precedential basis for that in any forum.
    ==========================================

    Tell us, how would you characterize the crime “obstruction of justice”?

  67. If this guy did nothing wrong they sure wasted no time to fire him. Tell all deflator. The guy Brady said he didn’t know who he was when there are text records of him sending texts to him. A blatant lie.

  68. ” Our INTENTION was to cooperate fully with the investigation but we decided it was unreasonable to give up information that would have proven our guilt.” – Robert Kraft

  69. Ben Volin Pats beat writer nailed it.

    “The Patriots have no one to blame for this but themselves. They have been arrogant and defiant from the start — demanding apologies when none were deserved, ignoring Goodell’s orders of full cooperation and obstructing Ted Wells’s investigation.

    Patriots fans point to other incidents involving equipment tampering — the Panthers and Vikings placing footballs under a heater late last season, and the Chargers using “sticky” towels in 2012 — to prove the absurdity of the Patriots’ punishment. The difference between those incidents and Deflategate? Those teams owned up to it. They pleaded guilty and took their medicine. They Patriots kicked and screamed the entire time, and mocked the process. ”

    I miss Ben in Miami. Guy is very fair which is uncommon in the media.

  70. And Brady was never required to turn over his entire damn phone. All he needed to do was turn over all the relevant information that was PRESCREENED BY HIMSELF & HIS LAWYER. That isn’t invasive, and that doesn’t open Tom’s entire phone to random people from the league office.
    ===
    I’m sure that Wells would have been satisfied with exactly what Brady gave him and wouldn’t have demanded more.

  71. Hard-core Patriots fan here. That said, I am also a huge fan of juris prudence… I welcomed the opportunity for Roger Gooddell to make his case against the Patriots, which he did, in the form of the infamously flawed Wells Report.

    But as much as I despise the man, Gooddell is an absolute genius. Here’s where EVERYONE is missing the point:

    With the Wells Report, Gooddell has everyone looking at what the equipment guys text messages say, what Tom Brady and the Patriots failed to do in “cooperating”…….. and NO ONE is looking at the one thing that would have made those text messages and lack-of-cooperation moot; the original STING at the AFC Championship game!!!!

    The NFL completely botched what should have been an open-and-shut case. They should have had two CALIBRATED pressure gauges, not the two Mickey Mouse “Sports Authority” gauges with 2 different readings. Seriously Roger, a gauge with a BENT NEEDLE???

    They should have RECORDED the EXACT measurements of EVERY football, from BOTH teams, at the start of the game. Instead, they ask Walt Anderson if he can REMEMBER what the readings were, and which gauge he got them from, and then decide to ignore his memory.

    They should have maintained full custody of all footballs. Instead, we have Walt Anderson admitting that he lost sight of the Patriots balls, and he also lost track of footballs stolen by a league official – think about THAT for a minute – and then miraculously returned to the field unnoticed.

    This “sting” – which is EXACTLY what this was, was the most comically inept episode this side of the Keystone Kops, but it’s not funny for Tom Brady, who stands to lose two million dollars and his reputation, or for Bob Kraft, who stands to lose a million dollars and two draft picks.

    But all everyone is focused on today are the texts messages, and supposed “lack of cooperation”.

    Gooddell has pulled off an incredible sleight-of-hand to get us all focused on something else, to hide the epic screw-up the NFL has foisted on the New England Patriots

  72. Let’s say this was a “sting” even though it wasnt…… You know who doesn’t get busted during sting operations? People who aren’t doing illegal stuff. … ofbu get caught in a “sting” like Sapp or Brady… you need to deal with consequences. .. especially After the league reminds teams not to tamper with balls after the Minn. CAR game

  73. They talked to him 4 times and couldn’t get all their questions in?

    Seems like they were ill prepared.

  74. iamedreed says:
    May 12, 2015 9:57 AM

    i still don’t get where the conspiracy theroists get the NFLs motivation to find guilt in the patriots??

    like roger really sits around saying i can’t wait for the patriots to get in trouble so i can really punish them

    why would he intentionally create drama and problems for the league? do you think he liked having to determine this punishment knowing no matter what he decided it would be criticized by the media for days???
    ___

    Great point! I’ve been saying that for months.

    So answer me this – Why did they let this all play out in the media instead of just contacting the Patriots before hand and letting them know? It makes no sense to let it happen the way it did.

    2 options, pick one:
    1. The NFL totally botched the entire thing from the start
    2. Someone wanted to really embarrass the Patriots/Brady

  75. Kensil couldn’t do a real sting because the Patriots footballs wouldn’t have had enough time to naturally deflate. If they had tested them right after they went missing and they came up clean then no punishment for the Patriots.

    How bad for the league would it look if they set up a sting and proved the Pats innocent? No, can’t have that. Let’s accuse them of not helping us find our preconceived ideas.

    All they had to do was test the balls after they went missing, but the integrity of the NFL isn’t even worth 5 minutes.

  76. They talked to him 4 times and couldn’t get all their questions in?

    Seems like they were ill prepared.

    ————————————————————

    Typical for Goodell’s NFL.

  77. The funny thing is that telephone interviews have become commonplace over the last five years for large companies investigating employee issues.

    Yet Ted Wells found this insufficient and the NFL believes it is grounds to cite a lack of cooperation.

    The Wells report continues to unravel before your very eyes.

  78. Come on, Mike: “It’s unclear whether cooperation on those points would have changed the outcome….”

    I suspect cooperation on those points would have definitely changed the outcome, but negatively for the Pats. There is clearly something they are hiding–otherwise why hide information that will exonerate you (or at least do no more to indicate guilt)?

    If all texts between the parties were revealed on the turned over McNally/Jastremski phones, then it’s either a text to/from Brady & their private cell phones, or erased (but recoverable) v-mails along the lines of “Mr Brady, they caught us, what do we do?” or from BB saying “Tommy, dammit, clean your mess up!”

    Let’s appeal/go to court to see just what’s hiding behind door number three….

  79. Oh man am I tired of lawyers …. c’mon August please
    ===
    Gonna be a lot more lawyering between now and then.

  80. If all texts between the parties were revealed on the turned over McNally/Jastremski phones, then it’s either a text to/from Brady & their private cell phones, or erased (but recoverable) v-mails along the lines of “Mr Brady, they caught us, what do we do?” or from BB saying “Tommy, dammit, clean your mess up!”

    Let’s appeal/go to court to see just what’s hiding behind door number three….
    ===
    That’s certainly one possibility for what could be found. Another is that there is nothing there. In Fedral court, we’d also get to find out all about what the league (and possibly other teams) knew about this subject and when they knew it, because TB’s lawyers (and Kraft’s if he sues) would get to perform discover on the NFL.

    It probably be horrifically ugly for someone, maybe everyone, but I really, really want it to happen.

  81. Maybe I’m just missing something. Text messages can be deleted from your phone. I delete mine after I get them. Do other people just leave them on their phone for months?

    Couldn’t Brady or Jastremski or McNally just deleted their texts from their phones? The carrier has the meta data about to whom you sent or received a text and when, but I don’t know that they have the detail, and it would take a court order to get it.

  82. So the league says the guy won’t testify when in fact He was willing to testify and the league chose to decline. Yeah, they didn’t have an agenda. They are fair and balanced. Lol. Rediculous.

  83. Was the league worried McNally would have someone coaching him on what to say during the phone interview?

    Oh, wait, that was Ted Wells.

  84. Procedural justification is always the refuge of a failed case. If McNally had accpeted that in person interview, they would have just made some other example of “not cooperating” from some other action of a person the didn’t perfectly match what they wanted. Tip: you can’t always get what you want, and you don’t get to assume that makes someone guilty because of it.

  85. JKT = “Just Kill Time”. Interpretation: “Deflate [the balls] and give somebody that [the balls]. [Just Kill Time].” In other words, McNally suggested to Jastremski he should tamper with the balls during halftime to enable a fumble-resistant running strategy by the Patriots to keep the ball out of Aaron Rodgers hands in the second half.

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