NFL should improve its in-house system of justice

Getty Images

As the NFL tries to create in-house judicial systems for the purposes of investigating violations of the Personal Conduct Policy and/or rules regarding the integrity of the game, the league needs to take a closer look at how the various roles in these investigations are being assigned and fulfilled. After carefully reviewing both the 243-page Ted Wells investigation report and the 20,000-word manifesto from the Patriots responding to that report, it’s clear that the current model doesn’t work as well as it should.

Wells was hired to serve as an independent investigator. At some point, his role morphed into that of special prosecutor and, inevitably, judge.

During hundreds of hours of research and interviews and the discovery of what seemed to be incriminating text messages suggesting the general existence of a quid pro quo arrangement pursuant to which Jim McNally did something to the balls in exchange for shoes and/or autographed memorabilia, Wells and his team apparently became convinced that tampering occurred. But prosecutors routinely become convinced that the persons they’re investigating have committed crimes. A fair system of justice requires prosecutors to test their evidence through an adversarial process, with the defendant challenging the proof and presenting evidence of its own — and with a third party hearing the evidence and making a decision.

The NFL’s in-house justice system, as to this specific case, made the prosecutor the judge. But once the prosecutor developed a point of view, there was no judging to be done. The only remaining task at that point entailed sitting at a keyboard and banging out a 243-page report that justified the conclusion.

In this case, frankly, Wells failed to make a sufficiently compelling case in those 243 pages that the Patriots tampered with footballs on January 18, 2015 and that Tom Brady was at least generally aware (whatever that means) of the effort to do so. Most significantly, common sense suggests that the PSI readings generated by footballs that were hastily deflated on the floor of a bathroom in the bowels of Gillette Stadium would be much lower than the numbers predicted by the Ideal Gas Law. They weren’t.

At a time when many Patriots fans believe that Wells’ entire project was based on working backward to reach a conclusion someone in the league office wanted him to reach, the more plausible conclusion could be that Wells decided on his own that tampering must have occurred (possibly after reviewing the handful of key text messages between John Jastremski and Jim McNally), and that Wells then worked backed to reach the conclusion he personally believed the evidence should justify — regardless of whether the evidence justified that conclusion.

After spending much more time and effort studying this case in the last 11 days than I ever intended or desired, I believe the evidence is insufficient to prove that tampering happened on January 18, 2015. I believe that the evidence suggests something unusual was happening, but I believe that Wells and his team failed to uncover sufficient evidence to prove that it ever happened on any specific occasion.

I also believe that the Patriots didn’t fail to reasonably cooperate with the investigation in refusing to make McNally available for another face-to-face interview. Wells wanted to interview McNally based on information that already was in the possession of the investigation/prosecution when McNally was first interviewed. Wells could have — and should have — asked McNally those questions when Wells had the chance. In no legal proceeding does a lawyer ever get another shot at questioning a witness because the lawyer failed to exercise full diligence in reviewing the materials that were already available.

That said, I believe that Brady failed to reasonably cooperate with the investigation by refusing to accept the league’s invitation to allow his agent/lawyer, Don Yee, to search Brady’s phone for text messages or emails that could be relevant to the case and to give them to Wells. If, as some have observed, Wells was looking for communications between Brady and Jastremski and Brady and McNally, Wells already had those messages from the phones of Jastremski and McNally. Still, it was reasonable for Wells to check any texts or emails from Brady; with the offer to let Yee supervise the process and sift out any potentially sensitive material that had nothing to do with the matter at hand, someone should have persuaded Brady to accept.

But that shouldn’t have been the end of the issue.  In a true system of justice, a presiding judge would have decided whether and to what extent Brady’s phone should have been made available. The NFL’s in-house system of justice needs to have similar procedures in place.

At a minimum, the investigator/prosecutor should be able to go to someone within the league office for a ruling on whether further cooperation is required. With Wells starting as an independent investigator and at some point morphing into a special prosecutor, it’s not surprising that the Patriots and/or Brady felt compelled to eventually resist his demands. Surely, the lawyers representing the team and the player eventually sensed that this was no longer about getting to the truth but about supporting a truth Wells subjectively believed to exist.

Judges deal with disputes over the evidence that will be surrendered in litigation and criminal prosecutions every day. If the NFL is going to dispense justice fairly through its own in-house procedures, a similar system becomes critical to achieving a sense of fairness.

None of this means that the NFL should adopt Constitutional safeguards that apply only when a person’s liberty is on the line, such as the very high bar of proof beyond a reasonable doubt. Still, with the American system of criminal justice aimed at ensuring 10 guilty men will go free in lieu of one innocent being imprisoned, the NFL’s system of justice currently seems to be based on the notion that, when it comes to protecting the integrity of the game, the potentially innocent will be found guilty, perhaps in order to avoid another P.R. firestorm that would arise from failing to dispense sufficient punishment in any and all circumstances where punishment could be warranted.

Before anyone complains that a system of this nature would be expensive and time consuming, the current system already is. Wells has admitted that the fee for his work is in the millions, and it took more than 100 days for his report to be filed. If the league’s internal investigations are going to entail that kind of time and expense, the league should be willing to spend even more of both to ensure that the end result is received by those on the inside and the outside of the sport as fair.

Really, what has done more in recent months to erode public confidence in the game of professional football — whatever it is that the Patriots did or didn’t do in blowing out the Colts on January 18, or the endless three-ring circus that has emerged as fans debate the various flaws in a process that, if the league has its way, will never be decided by a truly independent and unbiased party?

136 responses to “NFL should improve its in-house system of justice

  1. I applaud you Mike for the best, most logical and most balanced analysis anywhere of the Wells report. There is no doubt in my mind that some of the Patriots key counterarguments in their rebuttal were based on information they gleaned here.

  2. Thank you, Florio. Excellent analysis. I haven’t seen anyone else (even other legal analysts like Lester Munson) dig into this the way you have; they’d rather lazily just accept Wells’ report and then pontificate.

  3. The NFL has a big mess on it’s hands. I really feel Robert Kraft has a case and that he really could win in court vs the league. Al Davis won after all. The NFL has an awful record in court. They even lost to Donald Trump.

    I think this could be the final weeks of Roger Goodell within the National Football League.

  4. Wells was not the “judge”. Troy Vincent handed out the punishment, not Wells. That makes Vincent the “judge”.

    The NFL doesn’t have to decide on issues to your liking – or mine, or any other fan’s approval. If the NFLPA agrees to it, that covers player conduct (and they were dumb enough to agree to it in the CBA). For non-player issues, the owners have chosen to let the league office (headed by the sitting commissioner) handle such situations.

    Unless an overriding law is broken by the league in investigating or adjudicating internal “crime”, what you or I “want” is irrelevant to the NFL.

  5. ‘Listen Roger we bring in a lot of money to this league by cheating so u should have thanked me as opposed to this bogus fine and suspension of tom.” Tom helps to pay your salary dufus.” Now we have 2 scramble to save face.” “I don’t expect this 2 ever happen again next time handle this in house.” signed kraft

  6. Ideally sports commissioners should be like refs; if you’re doing a good job, then nobody should notice you. Way too many people notice Goodell. And the really troubling thing is, I don’t think he minds it that way.

  7. I know you don’t read my – or likely anyone’s – posts, but your conclusions are exactly the same a mine. If you do read posts, give a little cred . . .

  8. Outstanding analysis Mike Florio.
    I truly believe now that the white hot spotlight of media coverage has begun to focus on the league’s behavior in this investigative process Goodell will step away and appoint an independent arbitrator to handle this case.

  9. Anyone who reads the Wells report and the Patriots rebuttal, in an honest and objective manner, would come to the same conclusions you did.

    Frankly, it’s only the rabidly partisan fans who just want to bring down the Patriots, or the lazy fans who just don’t actually read the information but enjoy spewing buzzwords like “cheaters” who just don’t get it. Those who are too stupid to understand (and most Jets fans) never will. They just hear that the Patriots “cheated” and don’t care about the facts, the details, or the reality. It just feels good to them.

  10. I certainly agree with your contention that the evidence was not adequate to support the summary that Wells wrote. And that, Wells had a conclusion in mind at some point and worked backwards from there.

    I disagree with the timing however.

    To me, it is clearly more probable than not that Wells knew this was a dispute in which either the NFL office or the Patriots would come out with a worsened reputation, and he was generally aware that it was his job to make certain that the NFL office would not be the party whose reputation was sullied.

    Mike, you have been clear in the past that the league office conducted a sting. The Wells report is a continuation of their efforts.

  11. Florio, New England owes you a beer and a bowl of chowda. Thank you for not abandoning logic and reason. Thank you for letting go of prejudice and just judging this mess on the evidence.

  12. Right and wrong, true and false, proven and unproven, none of that matters.
    “The Character Assassination of Tom Brady By The Coward Ted Wells” is what the public wanted and its what the public got.

  13. 🏆🏆Brady🏆🏆 says:
    May 17, 2015 10:21 PM

    The NFL’s stock solution to everything is to blame the Patriots.

    ========================

    Victimology 101

  14. Ha ha ha ha ha ha I loser Washington fan talking crap abaut the pats your team stinks it stinks it will never win the Super Bowl you lousy troll and you’re not even a good one

  15. In a court of law the Patriots win in a landslide but in the court if public opinion the Patriots get hung,stoned,drawn and quartered then burned at the stake.

  16. If you are going to destroy a man’s legacy and reputation with circumstantial evidence, you need to make damn sure the crime you are implicating him in actually happened. Ted Wells failed to do that.

  17. Florio, your work on this issue has given me a different level of respect for your integrity delivering NFL info to the public and has renewed my faith in PFT as a legitimate news source.

    Despite the pitchforks and torches from the NFL fanbases who have been under the rule of the New England Patriots and Tom Brady for 14 years, all of which have so wanted this “scandal” to be true to justify their pain….I think in the end, the truth will show the the Patriots did nothing wrong here. When that happens, likely through the court system, I think the league office and Goodell will end up looking the worst in the end…leading to his downfall.

  18. Florio, your work on this has been exceptional. Sadly, the NFL’S work on it has been worse than that of an angry first grade student.

    The reality is that the punishment has been decided, will be rubber stamped and the game will suffer. The NFL apparently would rather continue to get things wrong than lose, or share, power in these situations. It isn’t about what is right or wrong, it isn’t about getting to the truth… it is solely about the NFL showing their power and the lack of power of the player and NFLPA.

  19. Great insight, I just wish so many people on both sides of this argument would calm down and be more rational. Nothing good has come of this whole affair it makes the whole league look stupid and out of balance with reality.

    They really do need a new commissioner, The last 12 months have been hellacious for the game.

  20. Have you read the New NFL Law created by Goodell, Vincent & Wells?

    It is called the PATRIOT ACT II and goes as follows:
    Proof of guilt is solely based on “AT LEAST AWARE & PROBABLE” and Scientific Facts/Analysis is NOT APPLICABLE.

    Based on this New Law – Every NFL Team, Coach, Player & Personnel is GUILTY of something because they were “AT LEAST AWARE & PROBABLY DID IT”

  21. Mike Florio realizes that 11 Patriots footballs were at an average pressure of 11.49 psi at haltime, while weather demands it be in the range 11.32-11.52 psi.

    wow…. 11.49 is in the range 11.32-11.52!

    So the Patriots footballs were at the HIGH END OF NORMAL in terms of pressure. inflategate?

    Yes, he can READ.

    Unlike Colts, Jets, Bills, Dolphins fans

  22. what the person who wrote this article forgets is that you cannot fail to cooperate, and then at the same time, say there isnt enough evidence. there is compelling evidence as it is, but –

    1. brady refused to turn over evidence.
    2. the patriots refused a 2nd interview with mcnally, the key figure.

    1&2 combined with the video footage of mcnally entering the bathroom, and the texts…….GUILTY!

  23. Well$, the impartial (laugh) attorney:

    1.) rejects/throws out scientific factual evidence that supports the accused party (Patriots)

    2.) rejects/throws out scientific factual evidence that implicates the accuser (Colts).

    3.) does NOT investigate additional accusers – Kinsel, Grigson, Harbaugh (Ravens) & Goodell as well.

    4.) wants Brady’s phone but not the accusers phones.

    5.) does NOT investigate NFL Refs and the lack of proper NFL protocol in registering, measuring & recording football pressure (Rule 17)

    6.) concludes that Bray & Patriots “PROBABLY did it”

    OK Then, any JUDGE will tear into Well$ like a kid on Christmas morning with presents.

  24. You’re going to get crucified by many on this Mike. But you are correct, that there was never enough factual information to make a case for what was alleged.

    Unfortunately, the damage has been done. Many have taken bits and pieces of information and made their decision or used pieces to reinforce their own personal beliefs or wants.

    Taking headlines instead of reading the entire Wells report and the entire “manifesto” and making a reasonable deduction has become impossible for most.
    The damage has been done despite any punishment that may or may not ensue and I believe the blood lust will not be quelled or satisfied for a long long time if ever.

  25. Well said Florio.

    If the NFL feels it must run its own justice system then it should run it to the standards or a real and fair justice system.

  26. Whether Wells neglected to, or by design did not, ask certain questions in the first round and assumed a second meeting was plausible, is within reason and scope. This investigation isn’t judicial procedure defined by manuals of law and precedent. The only rule that applied was that Brady is an employee of the NFL and the NFL asked all employees, constituent franchises, and their employees to cooperate with the investigation – which they blatantly did not.
    There are no objective legal protections for players and owners when the league chooses to sanction them for violating bylaws unless the employees can prove that the bylaws were violated in doling out their punishment.

  27. They should have a three tier system to separate forms of infractions. One to delineate infractions associated with infield activities only, the other to deal with off field related issues such as drugs, DUI, domestic abuse, and a third to deal with illegal substances. While the three ultimately affect the game in some way, a distinction is made and comparisons should be avoided.

    For example if a player gets 2 games for a DUI, and another player gets 2 games for an illegal hit or some flagrant play, while a third gets 2 games for pot use, there should be no comparisons made between between the three. They do not equate because each would fall with it’s own separate category. Compare instead within each tier violation and ensure there is consistent punishment across the league.

    In fact this is what we’ve been hearing across the airwaves, that Brady’s punishment is worse or lighter than some other player punishment related to off field activities. Ray Rice comes up a lot. It’s madness.

    Additionally, these decisions should be made by a commission of at least five individuals that play a role in either player punishment or player appeal. The commissioner’s role should be redefined from being a singular entity for everything to an arbiter of fairness for both players and owners. He is not. Lastly, the next CBA has to do a better job in putting a system in place to deal with these issues because this league is sitting on a poor business model as it relates to all of their people and the fans.

  28. Excellent analysis Florio. Not a fan of the teams involved but I am a lawyer and I’ve arrived at the same conclusions as you. Almost identical really. I’m impressed by how thoughtful you described this jello sandwich. The league butchered this. The Patriots figured out the Wells investigation was a bag job so they basically stopped cooperating. The Patriots figured they’d get some small fine for that and move on with life. Which explains Kraft’s initial response that the Patriots disagreed with the findings but would accept the punishment. But they were shocked at the actual punishment. I wasn’t. They misjudged Goodell. Now I believe you’ll see the Patriots raise the issue of breach of fiduciary obligation; to wit: the NFL leaked bogus info to ESPN and others to smear the Patriots. Goodell/NFL had a duty to correct the record and failed to do. This is evidence of bad faith towards a team. This super cedes the league’s constitution. A tough case to make but I believe Jonathan Kraft is Biblically angry at being accused of having his team, his brand so soiled. If the Patriots sue, this will be their primary cause of action.

  29. Welcome.

    I want to say what took you so long but that would be arrogant. May others follow in droves.

  30. Oh please. Let’s coddle cheaters and criminals till the entire NFL is looked at the same as professional wrestling. A 20,000 word manifesto? Really? Arthur Blank looked into the accusation against the Falcons, immediately acknowledged what it implied to the league, fired the guilty people and paid the fine and publicly apologized. How about a twenty word manifesto like his. The worst ones, the real scum, dig in their heels and grind out their punishment hoping they can run the clock out on the league. Improve the system? You betcha, make the punishment more swift, sure and extremely severe. That would be an improvement worth doing, raise the stakes for cheating and see a whole lot less of it.

  31. Great article. Roger has a huge issue on his hands. There is no way Brady is taking any games so to the court house we will all go.

    I don’t agree with you concerning the phone. Any text to his attorney or wife would be considered privileged. Well knew Brady would give it up. That’s why he asked him. He needed Brady to say no so it bolstered the text message into play. Any phone owned by the Patriot’s, ie Bill, Kraft anyone in the organization he could have had. So what was he looking for?

    One of the things I find interesting in reading both the Wells Report and Wells Context is how the Patriots requested that an investigation be done on the Keystone Cops little sting operation. Patriots lawyers requested to be present during league officials and executives interviews and was denied by Roger.

  32. The thing about this whole debacle that I just can’t get over is that the league sat on its hands all through the interval between the AFC championship game and the Super Bowl while the Patriots were tried and convicted in the court of public opinion……all of it based on incorrect PSI numbers that a league source gave to Chris Mortensen. The league sat back and let it happen, even though they knew the numbers were wrong. To this day, most fans probably don’t know that those were bogus numbers. Thus, they laugh at any attempt to explain away what happened. What exactly was the logic there in the league office? I really hope this makes it to court as a defamation suit because I’d be awful curious to understand what was being said in the league office while all of this was going on.

  33. no one has yet answered the question why the NFL would be “out to get” Tom Brady. to make their games look less than honestly operated so that the betting public doubts ever outcome? why would they want to undermine their own credibility? seems like they’d be more motivated to cover it up than expose it…dumb

  34. This NFL Monkey Trial system was just wonderful when it was railroading Greg Hardy but
    suddenly now it’s unfair. We knew that when one of the fair-haired boys got caught up in the system questions of it’s fairness would be raised.

  35. Actually the wells report found a tendency of guilt towards the Pats by choosing to accept only aspects that led to support his conclusions. & disregarded all points that worked against his conclusions in order to back his findings… He influenced the ref, did not take into account the ideal gas law, interpreted text messages to his desired explanation & much more that is too laborious to type… That in itself shows his lack of independence & pre meditation & pre disposition to judge the findings as he saw fit…. It was the LEAGUES responsibility to interperate the information & decide if a proponderance of guilt existed but he took that upon himself to come to that conclusion….. When the Wells report came out or was announced, guilt was already accessed or implied… That is not Independent in it’s own right as the tide of fair & unbiased conclusions couldn’t be made by the correct authority which was the commissioner

  36. Mike, nice work.

    What I find interesting is that it has taken an intelligent person almost two weeks and several read throughs to arrive at a fairly level-headed view.

    I doubt any haters have read the Wells report in full, nor the rebuttal, nor some of the decent pieces on Spygate. And sadly, this Florio piece is probably too long and too thoughful for the simpleminded keyboard jockeys that account for 90% of posters.

  37. I have no idea what happened, but everyone saying that players should just hand over their texts is something I disagree with strongly. I hate how that has become a sign of guilt in this, and previous instances.

  38. “whatever it is that the Patriots did or didn’t do in blowing out the Colts”

    Florio made a major ERROR in that statement.

    The AFCCG game perfectly and without prejudice, EXONERATED the Patriots & Brady from any wrongdoing whatsoever.
    The second half of the game Scientific, Factually and Logically concluded that Rule 17 ( Unfair Advantage due to football air pressure) was NOT violated by the Patriots.

    The Fact of the matter is that the Patriots violated the Colts by destroying them 28 -0 under the highest NFL scrutiny.

    Furthermore, SuperBowl XLIX also Factually, and without prejudice, concluded that the Patriots played within the rules and won within the rules while under the highest NFL scrutiny.

    Once again, Tom Brady 100% exonerated himself in the SB as he broke NFL records in passing with NFL approved footballs under the ‘HIGHEST NFL SCRUTINY’.

  39. eepobee , meet nolasoxfan2012……. says:
    The thing about this whole debacle that I just can’t get over is that the league sat on its hands all through the interval between the AFC championship game and the Super Bowl while the Patriots were tried and convicted in the court of public opinion……all of it based on incorrect PSI numbers that a league source gave to Chris Mortensen. The league sat back and let it happen, even though they knew the numbers were wrong. To this day, most fans probably don’t know that those were bogus numbers. Thus, they laugh at any attempt to explain away what happened. What exactly was the logic there in the league office? I really hope this makes it to court as a defamation suit because I’d be awful curious to understand what was being said in the league office while all of this was going on.

  40. danielwonderful2015 says:
    May 17, 2015 10:47 PM

    Oh please. Let’s coddle cheaters and criminals till the entire NFL is looked at the same as professional wrestling. A 20,000 word manifesto? Really? Arthur Blank looked into the accusation against the Falcons, immediately acknowledged what it implied to the league, fired the guilty people and paid the fine and publicly apologized.
    —————————————————————
    Did you actually read the article? Cuz your post suggests that you simply regurgitated something that Chris Mortensen told you, and everyone knows that guy is full of crap.

  41. They were not out to get Tom Brady. But they wanted to catch the Patriots franchise, believed a false tip, and because of sheer scientific ignorance they thought that they were seeing something odd and illegal. But they weren’t.

    And then they lied to cover it up…

    11 of 12 balls 2 psi under?
    No, 0 of 11 balls were 2 psi under.

  42. i agree they should improve the process n safe guards.. but how in the hell are people seemingly confused here… i dont think this at all exonerates Brady…he still cheated and the evidence shouls never be more than ” more than likely” thats how it goes when its not in the judicial system … more likely than not is exactly how the nfl should ruld and they did here… whenever there is “more likely than not” u will always have arguments both ways .. exactly how ut should be …. he still cheated and failed to comply with NFL bylaws by cooperating and he still more likely than not cheated…… this organization is known for cheating they argued back then how ut was a set up for #spygate as they should always take their own side ….. and as normal outsiders should be able to come to a conclusion not based on 1 simple argument but the ENTIRE picture ….. hell we have elected officials tell us all the time that science is lying to us when dead evidence its not lying to us …. thats how the world is….

  43. For all of you trying to compare this situation to the proceedings of a court of law…these are not even closely related. Remember this is an employee/employer relationship matter. I’m sure if your employer thought, more than not, that you were cheating their product or service, you would probably be disciplined at work too.

  44. Simply put…you are wrong.

    The NFL is a business, not a judicial system. And Wells is nothing more than a Private Investigator hired by the NFL to seek out any evidence that reflects one way or the other. If, as you state, Wells was the “Judge”…then Wells would have been issuing the punishment, which he didn’t…Goodell did. Wells presented the argument that sufficient evidence existed to incriminate Brady, Goodell (and everyone else) read the report & Goodell agreed (and so does 95% of anyone who reads it). Many Pats fans want to believe that the questions raised by lawyers somehow will exhonerateBrady…but all it takes is 1 piece of conclusive evidence to make a determination, and the texts alone do that. But even in the absence of the texts, there is sufficient evidence to conclude Brady & the Patriots are guilty.

    Basically, your whole article reads like a propoganda statement written by Brady’s agent. Have you yourself decided to defend Brady? If so, please start with a believable explanation for the text messages…because I dont think there is one. Those spell out Brady’s complicit involvement in cheating. And both Wells & Goodell were right to acknowedge it & (insufficiently) punish Brady for it.

  45. Goodell has truly fabricated nearly every “-gate” in his tenure, going so far as to act shocked that signal filming occurs back in Spygate, to the overturned Bountygate, to this new move to have the Competition Committee rewrite the Laws of Physics so that the Ideal Gas Rule no longer explains the mythical deflation

    He’s done nothing to support the integrity of the game with these biased witch hunts. He undermines it.

  46. If the balls were in the expected range of a scientific rationale, then why are we still talking about this? If the end result is that nothing was out of order, then how can evidence show “something” happened? It’s a pretty weak case if all we can go by is text messages when nothing was indeed out of whack.

  47. “no one has yet answered the question why the NFL would be “out to get” Tom Brady”

    Actually, that answer has been discovered and to understand & receive it requires a logical mind that goes beyond mere football and into the realm of Underlying Meanings to Events that Reflect into Humanity Itself and the Powers that Be.

  48. Hard to improve the in-house justice when idiot Goodell has no clue what the hell he is doing.

    This guy decides punishments depending on which way the wind blows that day.

    He is a corrupt, power monger that has no ethics. How he could sign off on this shady sham of a Wells report is beyond my comprehension other than blatant corruption on his part.

    This guy needed to be fired 8 months ago. The guy is a flat out idiot.

  49. Do you know why the PATRIOTS played the GIANTS in 2008 & 2012 SuperBowls and lost both times ???

    The Omnipotent One was sending us a WARNING and, unfortunately, we did not get the message – both times.

  50. Here’s what all the Patriots haters have to ask themselves

    Are they comfortable with Goodell taking away a first round pick and suspending your best player because they “definitely maybe did something”

    Just so you guys are cool with that standard…

    That’s what Goodell means by “protecting the integrity of the game”

  51. the exponent report within the wells report goes into excruciating detail on the ideal gas law, the 2 different guages, and a statistical analysis of all data. stop bringing up the ideal gas law as if its been overlooked. the person who wrote this article probably only read the legal document and not the exponent report itself. it is airtight.

    why do you think, with all the brainpower in NE – MIT, harvard, yale, brown, among others, no one credible has refuted the exponent report. only some guy who works for a company of which kraft is a part owner.

    the pats will not challenge this in court. that is guaranteed. if they do, they will be compelled to turn over evidence, and all witnesses will be under oath. game over.

  52. The dust has settled and the Pats and Brady have lost the PR war. Expect them to stay quiet until they figure out a way to save face and eventually capitulate.

    The NFLPA and Kessler have provided some cover, but now there is no place to hide. This thing is over. Kraft’s not gonna appeal and Brady’s appeal is just a cry for a reduced penalty.

    All parties are figuring out what language is most palpable to the fans and media, who will realize that Brady and Kraft have just been venting. Bottom line, it over.

  53. So weird how observations and actual facts seem to lead to this conclusion every time: that the Wells report laid an egg and that no evidence exists to prove than inappropriate amount of air ever came out of those footballs.

    But for good measure let’s answer this intelligent factually correct discourse with the following popular rebuttals:

    – “I don’t wanna hear no science.”
    – “I don’t have to read anything to know the Patriots cheated.”
    – “I don’t like Tom Brady.”

  54. The minimal penalties handed out for prior infractions concerning the football, (Chargers, Panthers etc) contrast sharply with this penalty. The structure of the NFL justice system is a huge problem and Florio details it very well. Rational discourse for a change. Thank you. I agree with solo681 and lusdawg comments. Right on.

  55. @aballinhighgrass- spot on

    @dannywonderful – read @aballinhighgrass

    Two other factors that may come into play :

    A. Chain of Custody – as it pertains to the most crucial piece of evidence… the game balls

    B. Massachusetts Courts – who tend to be more labor friendly than most.
    .

  56. “eepobee says:
    May 17, 2015 10:54 PM
    no one has yet answered the question why the NFL would be “out to get” Tom Brady. to make their games look less than honestly operated so that the betting public doubts ever outcome? why would they want to undermine their own credibility? seems like they’d be more motivated to cover it up than expose it…dumb

    4 4
    Report comment”

    I’m sick of this question. Here’s one for you: Why would the NFL leak blatantly false information about the PSI levels of the footballs to make the Patriots look guilty? Two answers: To play to the simple-minded NFL and get them lathered up for ratings/drama, and to placate some owners, as well.

  57. HELMET CATCH, The ‘some guy’ was a Noble prize winner. You only win that prize if you have integrity as well as unquestioned expertise. You also have to understand the absolutes in physics analysis.

  58. I like the current system. When any team who complains about anything to the NFL they just hire Ted Wells and pay him millions of dollars and it takes over 100 days to get an answer that should have taken 2 weeks tops. So how would it have looked on Brady’s part if he let Ted Wells allow Brady’s agent to incriminate his own client (Brady) by sifting through his via text/emails and handing them over to Wells ? I’m sure there would be no public backlash on that one. Who would even ask someone to do that? answer Ted Wells.

  59. Here’s my proposal again. It’s mind blowing that someone you pay 44 million dollars a year can’t institute this or something similar. In fact, more than mind blowing, it’s incompetence to the highest degree. My idea:

    All future major disciplinary action shall be handled and reviewed by an independent committee of seven individuals – three appointed by the NFL and three appointed by the Players Association to six year seats with the seventh seat picked to fill a rotating two year position by mutual agreement of the original six members selected.

    This committee shall hear all major disciplinary actions with the exception of rule violations uncovered by the league in the normal course of weekly game reviews and day to day operations. Should any of these type of review violations be deemed major in the context of this provision, they too shall then be assigned to a hearing in front of the committee.

    ‘Major’ shall be defined as any violation with a fine exceeding $100,000 or possible suspension for one game or more.

    The committee’s decisions shall be deemed final in all matters except game suspensions, in which case the accused shall have one appeal opportunity hearing to request reconsideration. After such reconsideration, the committee’s decisions will then become final and binding.

    The Commissioner shall be removed from all major disciplinary actions and instead shall be mandated to carry out the decisions of the committee.

  60. drrichardcarpenter63 says:
    May 17, 2015 11:19 PM

    HELMET CATCH, The ‘some guy’ was a Noble prize winner. You only win that prize if you have integrity as well as unquestioned expertise. You also have to understand the absolutes in physics analysis.

    ON KRAFTS PAYROLL.

  61. The NFL abdicated it’s justice system to whatever Twitter says.

    That’s what weak people like Goodell and politicians do instead of doing what’s right.

    Weak people would rather be liked than respected. It’s much easier. The irony is eventually they end up with neither.

  62. To the question above about why the Nfl would do what they did…
    The League office is in Newyork… Many of the members of that office are ex Jets employees. Including Goodell himself with Keisell as a right hand man…. The Long & heated rivalry between the Jets & Patriots is no secret & a good portion of that is the result of BB resigning on a napkin while Keisell was working for the Jets & vowed to get even…. It just so happens that Keisell was a major player in this in conjunction with Grigson ( who’s team is regularly thrashed by the Pats & just was )….knowing the Medias detest for BB & most every fan base being sick of the Pats being so good for so long they thought they had a slam dunk… Especially with the Spygate history in their corner… Another story leaked & perpetuated by guess who??!!
    Well you don’t have to be Columbo to figure out the rest!!!
    & for Wells to raven try to state in his report that this wasn’t any type of sting operation is TOTALY contradictory to the FACTS of how this all went down… Even Blandinos comments about what he knew & when contradict each other….
    NFL looks really bad here & they need look no further than the closest mirror!!

  63. “the exponent report within the wells report goes into excruciating detail on the ideal gas law, the 2 different guages, and a statistical analysis of all data. stop bringing up the ideal gas law as if its been overlooked. the person who wrote this article probably only read the legal document and not the exponent report itself. it is airtight.”

    There’s a footnote in the Exponent report itself that says it’s likely Anderson used the other gauge. Exponent also concludes that, if the other gauge was used, the numbers fall within range for 9 of the 11 footballs, and the 2 that fall out are so close to be well within standard deviation. So the report basically concludes the footballs are within range, but Wells tries to wiggle around it in his conclusion that weather can’t account for every football, even though the report basically says it can, since the 2 below are within standard deviation. Wells pretends those are absolute violations.

  64. So if the police are investigating a case (Wells was investigation, NOT trying a case in a courthouse, but again investigating) and interview a witness, it is all said and done after that? They are not allowed to re-interview said witness? Wow! That’s odd, why then, do we here about witnesses having multiple stories a la the girl from Winston’s case? I actually think we hear this all the time. “Witnesses story does not add up after 2nd & 3rd interviews, case dismissed and so on.”
    But you’re right, he still should have asked the right questions the 1st time.

  65. Exponent can’t even decide what the pre-game locker room temperature was.

    If the non-logo gauge was used then the pre-game temp. was 71 degrees. (p. 49 of Exponent section of report)

    Or if the logo-gauge was used then the pre-game temp. is 67 degrees. (p. 52)

    I wonder if Walt Anderson recalled a four degree temperature swing depending on which gauge he picked up?

  66. “In a true system of justice, a presiding judge would have decided whether and to what extent Brady’s phone should have been made available. The NFL’s in-house system of justice needs to have similar procedures in place.”

    You’re almost right, Florio. Except that if that judge were to decide the phone should be made available, it likely wouldn’t be “to what extent”. Instead, the phone would be forcibly handed over immediately, and a forensic analysis would be conducted against it, as well as obtaining any records from Brady’s service provider. There is NO TRUST in a true system of justice…simply because you NEVER let the accused keep and manipulate evidence. This is basic CJ101 stuff.

    On the other hand, Wells didn’t ask for the device, and instead asked Brady to supply specific info himself…no analysis, no records, and Wells would “trust” that Brady gave him what he asked for.

    If the NFL adopted similar procedures, the screams of “privacy invasion” would ring loud and long.

  67. Here is what bothers me about the whole punishment/cheating thing.
    PED violations over the last 5 years:
    Ravens, Giants, Rams and Tampa Bay 5 each. Colts have 6, Seahawks 9 and the Redskins 10. That’s some serious cheating. However other than single players getting suspended there was no team fine, no loss of draft picks, no big investigation of team control. Why not? That seems way more serious than .5 lbs of air.

  68. ” i
    n sum, the data did not provide a basis for us to determine with absolute certainty whether
    there was or was not tampering as the analysis of such data ultimately is dependent upon
    assumptions and information that is not certain. However, based on all of the information
    provided to us, particularly regarding the timing and sequencing of the measurements
    conducted by the game officials at halftime, and on our testing and analyses, we conclude
    that within the range of game characteristics most likely to have occurred on Game Day, we
    have identified no set of credible environmental or physical factors that completely accounts
    for the additional loss in air pressure exhibited by the Patriots game balls as compared to the
    loss in air pressure exhibited by the Colts game balls measured during halftime of the AFC
    Championship Game”

  69. Also, why not set it up so the NFLPA has their own “independent” investigation to go against the NFL’s “independent” investigation. Precede like real court, with witnesses, evidence, cross examinations and so on with Goodell (cause he isn’t giving up the gavel) as judge and an agreed upon “jury” of 12 ex players, team execs., coaches, & Florio as the 13th/ tie breaker???

    If you want it to be as fair as the judicial system, mimic that system.

  70. So there’s no chance the Pats have been using footballs that are easier to hold on to?

    No chance?

    Hmmm, I still think there’s a pretty damn strong chance. That fumble stat just doesn’t go away.

    Also, OJ didn’t kill anyone, so there’s always that.

  71. Sounds like somebody has a man crush on Tom Terrific! I hope he gives you a courtesy glance when he’s making his HOF speech 6 or 7 years after he retires!

  72. I think the NFL and commissioner Goodell are just awesome. First you have Aaron Hernandez, the Patriots’ tight end, murdering people. That’s not really Goodell’s fault. Then you have Ray Rice caught punching his girlfriend on video. Not Goodell’s fault. Then you have Adrian Peterson torturing and abusing his four year old child. Not a Goodell issue. Finally you have Patriot’s QB Tom Brady illegally letting air out of football to give him a better grip in a cold, wet championship game. Not Goodell’s fault. I guess there are those that think of Roger Goodell as God. Someone who is responsible for, and controls everything. Get a life people.

  73. Hell freezes over. Mike finally sees the Patriot’ side. Must be tough for you but good job!

  74. People need to stop stating that Brady’s employer thinks he cheated. That is another distortion at best and outright lie at worst. The Patriots employ Brady. They not only believe him they took the extraordinary step of having their counsel defend him against charges made by the NFL commissioner’s office.

    People who couldn’t admit their own mistakes , and paid professionals chosen to cover for them, have accused Brady. That is a big difference.

    People that have taken the time to study the facts, like Florio, have come to the realization that there is insufficient evidence to find Brady guilty of what Wells and the commissioner’s office say he is.

  75. This whole thing is like a speeding trap. They get you on radar going 67 mph in a 65 mph zone with a radar gun that was never calibrated. They send it the ATF, FBi, and Homeland Security to pick you up. They then sentence you to a year in jail because the cop who wrote the ticket decided that was fair because you had another moving violation over eight years ago. You go to court to fight it, and the cop that wrote the punishment has his seargeant being the judge. Seems like a pretty fair process to me (sarcasm).

  76. These last few weeks Florio has stepped up to the plate and systematically reviewed the known information, and come to the only true conclusion. I applaud him for having the guts to refute the foaming-at-the-mouth masses. That said, in this media age, the headline for this article is far too weak. Without a hard-hitting headline, his views have little chance of getting noticed. How about something like, “Let’s Face the Facts, The Patriots Are Innocent.”

  77. corky2141 says:
    May 17, 2015 11:26 PM
    So if the police are investigating a case (Wells was investigation, NOT trying a case in a courthouse, but again investigating) and interview a witness, it is all said and done after that? They are not allowed to re-interview said witness? Wow! That’s odd, why then, do we here about witnesses having multiple stories a la the girl from Winston’s case? I actually think we hear this all the time. “Witnesses story does not add up after 2nd & 3rd interviews, case dismissed and so on.”
    *************

    To answer Corky: Very simple. this was not a police or legal proceeding which we have heard a million times in this case by the anti-Patriot crowd dismissing the actual facts. But, more importantly, there was an agreement in place that Wells would interview witnesses ONCE, unless new and extraordinary events made it necessary for another interview. Wells would not tell the Patriots what NEW information was behind his request to interview McNally, for what amounts to the 5th time, and so the Patriots refused. As it turns out, there was NO new information and the Patriots were well within their rights, per the agreement with Wells, to no longer participate in the charade. I hope that helps explain things for you.

  78. All this bickering back & forth means absolutly nothing…

    Soon Godell will hear the case & find that the auspension will be cut in half as a show of good faith to try to appease all sides which is about the stupidest thing he could do, hence he’ll do it…

    Then it will go to court the masses will cry about how Brady & the Pats are being unreasonable as the commissioner tried to be fair & blah blah blah

    Then in court the wells report will be ripped to shreds & the entire attempt to crucify the Pats & Brady will overturned & the commish & league will look stupid again…

    I’m just curious as to if Kraft will go for the throat & get his sanctions overturned & if Brady will then go onto sue the league for defamation of character above & beyond just getting the suspension overturned or if Kraft decides to join Brady in a joint suit against the league as well

    IF & I mean IF the commish wants any chance to save his job at all he’s gonna have to be smart enough to say the league office made a mistake & based on further review ALL SANCTIONS against both the Patriots & Brady will be dismissed ( based on the 2nd half of the AFC Championship game. & the Super Bowl) & the league has now put in place new policy to assure that this will never be an issue again & protect the games integrity… However due to Brady’s failure to fully cooperate in a league investigation he’ll be fined 500,000 dollars & the pats will be docked a 5th rounder in next years draft….some face has to be saved on the NFL’s part… But in order for Brady & Kraft to let it die there they will also demand and get that oppology from the League….

    Something like that happens or my guess it’s all out war & I honestly don’t see the Pats losing in any way, shape, or form…
    Guess we’ll soon see

  79. What most people are missing here is the FACT that Rule 17 ( Unfair Advantage via air pressure)
    was never violated.

    That was PROVEN to be TRUE and FACTUALLY ACCURATE in the second half of the AFCCG.

    SuperBowl XLIX also proved that Rule 17 was not violated.

    Goodell, who claimed to be the Overseer of Integrity of the Game actually violated the very thing he was attempting to protect.

    This is why he should be fired immediately.

    Goodell has turned himself into a Dictator who interprets rules as he decides and sees fitting for a predetermined outcome.

  80. While fans of other teams see Tom Brady all fired up during games, the fans of the PATRIOTS, win of lose, always see a classy, humble guy. This wrongful attack was orchestrated. Brady can deal with it. But, if I was him, I would picture my kids in the schoolyard, unnecessarily having to deal with jealous kids calling their father “cheater, cheater” and never stop until I have taken out revenge on this existing league management.
    No matter what the cost.

  81. Well written analysis. I understand that the NFL is a private organization, however, that does not dismiss the owners from
    creating a fair and balanced system of justice. Just because the owners have an economic dictatorship doesn’t mean fundamental due process cannot exist.
    To you Comminsioner Goodell who has always argued or
    insisted as a young man that fairness and equality were
    basically tenets deserved by all…..why the change?
    You obviously used your economic leverage to create a better
    financial system for the owners but that does mean you refute
    what you seem to always demand of yourself and your peers?
    By rising through to the top job ( an amazing feat)you obviously
    used your sense of fairness to create trust with the owners.
    Why lose that trait now? A better P.R. move would be to allow
    an independent arbitrar to make a fair decision. Think Roger
    look at the successful owners you sought out to create your opportunity. Do you really think Dan Rooney would not
    step aside in favor of an independent decision. He is a man you
    used to get where you are, so act like him.
    In the old days not so long ago Tagliabue, Rooney or Mara and
    Upshaw made fair deals. Each side compromised and the shield
    became stronger. Economic bullying only backfires in the long run. See many a failed corporation.

  82. It wasn’t long ago that Patriots fans and Mr. Kraft were demanding that the Wells report be released and when the team was exonerated, they expected an apology.

    The truth is that Brady didn’t cooperate, and the Wells report concluded that the Patriots more likely than not, tampered with the footballs. Brady deserves to be punished because it doesn’t take a genius to understand that Brady would be directly involved with the decisions regarding the “perfect football”.

    As far as the league needing a better system, maybe the NFLPA can do a better job negotiating the CBA next time.

  83. As an NFL fan, I know absolutely nothing about this situation because I am very detached from it. But, let me tell you why you are wrong and I am right.

  84. Goodell should have handled this matter privately before the game against the Colts was even played. If he had the brains to do so, none of this would have ever happened.

    This is all Goodell’s fault. He is simply not up to the job – he is in over his head.

    I don’t see any way he can continue as commish of the NFL. He is an embarrassment to the shield.

    By the way – he wasn’t out to get Tom Terrific, he was simply trying to justify HIS DECISION to hire Wells and spend millions of dollars. This has always been about Goodell, not Tom T.

    One pregame phone call would have saved the NFL millions of dollars and months of embarrassment – that alone should get the man fired…

    .

  85. most leagues deal with this obviously unfair process of investigation by limiting their discipline to cases where there is no question of guilt.

    the nfl has decided to go another way – the how outraged are the talking media heads scale.

    it’s always outraged. you’re not allowed to be reasonable in the media or else you are boring or worse politically incorrect.

    someone says ray rice deserves more than 2 games, your opinion now better be more than 2 games. then 8 games is fair, a season is the correct punishment.. eventually if you’re opinion isn’t ‘ray rice should be dropped into a pool of sharks with lasers on their heads’ then you are a supporter of domestic violence. the cops are probably at your house already.

    stop pandering to the media goodell you idiot and just keep your head down.

  86. with a noble prize winner saying there was no missing air , why would brady turn over his personally information . most reasonable people would do the same thing knowing no tampering occured .

  87. This is what sports journalism should be. Somebody that read all of the Wells Report and the Rebuttal and has reasoned well thought out observations.

  88. eepobee says:
    May 17, 2015 10:54 PM
    no one has yet answered the question why the NFL would be “out to get” Tom Brady. to make their games look less than honestly operated so that the betting public doubts ever outcome? why would they want to undermine their own credibility? seems like they’d be more motivated to cover it up than expose it…dumb
    ——————————————————————-
    Here is the issue. Someone leaked false information to Chris Mortensen that 11/12 of the Patriots footballs were 2 lb PSI under inflated.

    From there ALL conclusions have been made as to the Patriots’ guilt. The NFL never came out and corrected that information.

    At some point, they decided to go all in on the Patriots’ are guilty narrative. They couldn’t undo the damage that they allowed to be done.

    To have done this properly, the NFL should have immediately discounted the information leaked to Chris Mortensen. Period. Everyone (other than Patriot fans) assumed the Patriots’ were guilty from that point on and the Wells report coverage certainly did not change that.

    As to Tom Brady turning over his personal phone? If I was him, realizing from the questioning that they already thought him guilty and all the leaks from the NFL, there is no way I would have turned my phone over either.

  89. Number of Nobel Prize winning scientists who think that the PSI data do NOT support the allegation of cheating:

    1, and counting, probably.

    Number of independent scientists who also think that the PSI data do NOT support the allegation of cheating:

    All of ’em.

    Number of independent scientists who think that the PSI data DO support the allegation of cheating:

    ***crickets***

    Number of independent lawyers who have looked at and analyzed both the Wells report and the Pats’ response who think that the Pats do NOT have an excellent case against the league:

    ***crickets***

    If you disagree, please cite your source.

  90. It’s obvious that the investigator should not also be the judge and that a response to any claims should be listened to prior to any judgement. Doesn’t mean the outcome would have been different, but that is an unfair process. Even with preponderance of evidence as the standard there still needs to be a fair presentation of the evidence and an opportunity for rebuttal in front of an impartial judge. Just like any civil case.

    If that happened everyone would be satisfied.

  91. So suddenly something hurts the Patriots and the NFL suddenly has to change something? I’m not saying that the NFL doesn’t need to improve some things, but why is it only now that it’s suddenly become urgent? Man I wish a younger, angrier, and presumably sane Al Davis were alive today.

  92. Lets all not forget the Saints got hammered with a penalty that they didn’t have great evidence of. That all NFL teams were teaching for years. This penalty for the Patriots is a slap on the wrist compared to the Saints penalty. So everyone should stop crying for the Patriots and make them be held accountable for their actions.

  93. Asked why he suspended-without-pay John Jastremski and Jim McNally, despite the vigorous defense of their actions and intents in the team’s near-20,000-word rebuttal (The Wells Retort), Kraft refused to comment “for what he claimed were a variety of reasons.”……Right.

  94. I agree with you, Florio. I have read the Wells report, and I think Wells missed two facts that strongly suggest that Brady was now aware of any deflation, if there was any. (1) It is clear that Brady is totally obsessed with the condition of the game balls, including the pressure. He told the equipment manager several times to make sure the balls were inflated to 12.5 or 12.6 PSI. The manager told the refs that, and even returned to the officials locker room to make sure Walt Anderson knew that Brady wanted the balls inflated to the lowest possible pressure. There is no evidence AT ALL that Brady asked anyone to inflate the ball to anything other than 12.5 or 12.6 psi. Here’s the significance of that evidence: If Brady and the equipment manager thought that the balls were going to be tampered with after the officials approved them, they wouldn’t have cared what the initial air pressure was. To believe Wells, you would have to accept that the Pats were insistent on having the pressure set at 12.5, even though they were planning to deflate the balls later. That is not a reasonable inference. That alone proves that Brady was not aware of any deflation (assuming it actually happened). (2) Again, because Brady is absolutely fanatical about these balls, even to the point of how the laces feel, etc., if he was going to instruct anyone to deflate the balls, they would have been deflated to a specific lower pressure. The pressures in these balls are all over the lot. It’s random. That’s totally at odds with everything the report says about how Brady prepares for a game. Bottom line: Whether someone deflated the balls or not, it was not something Brady knew about

  95. One point that should be mentioned. People seem to be aghast that the Wells investigation cost in the millions. I’ve heard 4-5 million. That figure is a little over 1 month’s salary for Goodell; while it sounds crazy to us fans it’s lunch money to the NFL. #can’taffordsidelinecameras

  96. Is there an echo in here? My post from May 15th…….

    ———————————–
    slapmymonkey says:
    May 15, 2015 10:43 AM

    In my view this is the biggest flaw in Wells’ efforts: the NFL should have hired someone to INVESTIGATE and publish a FACT-BASED report with no conclusions. A second party–even if it was someone in the NFL office–should have examined the report and other documents available to reach a conclusion about whether or not a violation occurred. Yet another party should have determined the punishment (if warranted).

    I am a card-carrying Patriot hater and the evidence suggests to me there was an orchestrated attempt–with Brady’s involvement–to circumvent the rules.

    That said, I can’t get passed the flawed process used by the NFL. Yes, I know there’s precedence. Yes, I know aspects of this are in the NFL’s agreement with the NFLPA. Wells simply should not have been the evidence gatherer and decider of guilt anymore than a district attorney should serve in the role of police officer, prosecutor and judge.

  97. Well when the press who normally are kissing the NFL’s butt is coming out and saying these kinds of things you KNOW they are feeling the pulse of the fans who are tired of all of it.

    This isn’t a game anymore… it’s more to do with money then sport. The NFL is so screwed up that if ANY other Fortune 500 company were run like this they’d be bankrupt.

  98. There are already two legal systems that the league could utilize. First, the U.S. Civil Court system, where people and companies sue each other to enforce agreements all the time. Second, there is Binding Arbitration, which is essentially a privatized version of the Civil Court system that is designed to work faster and less expensively to achieve the same outcome. There is no reason for the NFL to setup a third legal system.

  99. The real situation here is that the NFL mad a monumental error in hiring Roger Goodell. Going all the way back to his inauspicious beginning as Commissioner, Goodell has fumbled and bumbled his way through every decision he has ever made, and he has irreparably damaged “The Shield” in the process of making himself the NFL’s “Emperor”. Every step Goodell makes is worse than his last…and the only way for the league to regain its sway in the sports world is to fire Roger Goodell…immediately.

  100. Goodell thought a draconian punishment would give him, Wells and the Vincent Team the credibility they in truth lacked.

    That’s a despot. Control through intimidation and fear not justice.

  101. Finally, a thoughtful piece of commentary! In business and in life, if something is faulty, fix it! Don’t fall back on feeble excuses, fix it. Players should stop complaining about a system they allowed to be created, and the league should stop trying to make us believe the current system actually works. Appoint hearing officers, mutually agreed to, to truly perform independent reviews and hearings.

  102. Standing slow clap for you Mike. Excellent article, and one that will make the rabid non-Patriots fans upset. Why? Because you’re asking for a fair attempt to resolve the issue and a non-biased look at the available data.

  103. NFL stands for No Frigging Logic.

    From the Saints to Ray Rice I doubted but accepted. Now I firmly believe that Goodell must go. He is not capable of being a commissioner any longer.

  104. eepobee says:
    May 17, 2015 10:54 PM
    no one has yet answered the question why the NFL would be “out to get” Tom Brady. to make their games look less than honestly operated so that the betting public doubts ever outcome? why would they want to undermine their own credibility? seems like they’d be more motivated to cover it up than expose it…dumb

    1) Roger has lost several high profile cases in a row. He needs a “win ” badly.
    2) People accuse Roger of being Kraft’s lackey. What better way to demonstrate that’s not the case.
    3) People accuse Roger of playing favorites with the Patriots. What better way to demonstarte that’s not the case.
    4) Roger believes that Kraft’s integrity and respect for the league and his friendship with Kraft will not allow Kraft to challenge the league outside league circles.
    5) Roger’s unmitigated arroganc e and ego prevent him form thinking anyone would dare challenge him.

    Need any more?

  105. jpmelon says:
    May 18, 2015 1:18 AM

    As far as the league needing a better system, maybe the NFLPA can do a better job negotiating the CBA next time.
    —————————————————-
    Your not paying attention.The reason everything the NFL does is getting overturned in court is because their not following the CBA that was negotiated.
    They have clearly violated several terms already in their handling and that`s why they can`t let it go to court because they are much more worried about handing over their phones than Brady is.

  106. Yes.eepobee.We need more.Like actual facts.

    You first have to prove a crime was committed before you can prove guilt.The NFL didn`t prove a crime was even committed so you can`t assign guilt to someone just because it makes since in your head that it could`ve happened that way.

  107. mwh1953 says:
    May 18, 2015 7:54 AM

    Asked why he suspended-without-pay John Jastremski and Jim McNally, despite the vigorous defense of their actions and intents in the team’s near-20,000-word rebuttal (The Wells Retort), Kraft refused to comment “for what he claimed were a variety of reasons.”……Right.
    —————————————————-
    So you didn`t actually read the texts between the two.
    Not only were they extremely unprofessional they were also about Jastremski stealing shoes and things for McNally when his boss wasn`t around.With or without deflating they were fired when the Pats read their texts.

  108. johnc44 wrote:

    “You first have to prove a crime was committed before you can prove guilt.The NFL didn`t prove a crime was even committed so you can`t assign guilt to someone just because it makes since in your head that it could`ve happened that way.”

    EXACTLY!

    Bottom line is this. Walt Anderson stated that it is his best guess that he used a particular gauge to measure pre game ball pressure. If that gauge was used during half time inspection, it would show consistency with natural pressure loss.

    End of story. No wrongdoing by anybody.

    I don’t care if you find a text from Brady to the equipment guy that says, “Hey, don’t forget to let some air out of the balls after inspection. You can hide in that bathroom in the tunnel and do it there.”

    If the pressures are consistent with natural pressure loss when using the same gauge, then no crime was ever committed.

  109. Come on steelercrazy. I am a life long Steelers fan and this whole thing is a joke. Let it go man.

  110. Sure you are. Brady as well as your fellow pats fans should take your penalty like men, just like big Ben did with much less evidence.

  111. The Bashkirs try to congratulate him, only to find him dead. In answer to the question posed in the title, the Bashkirs bury him in a hole six feet long by two feet wide.

    All kidding aside, you’re right.

  112. johnc44 wrote:

    “You first have to prove a crime was committed before you can prove guilt.The NFL didn`t prove a crime was even committed so you can`t assign guilt to someone just because it makes since in your head that it could`ve happened that way.”

    ————–

    I don’t know why so many people have trouble understanding this. It DOESN’T MATTER what the texts do or do not mean if you can’t even prove that there was a violation in the first place.

    If you’re looking for evidence of “deflation” of COURSE you’re going to look for any and all references to deflation, and OF COURSE with a pre-determined conclusion (the patriots were “deflating” balls), you’re not going to believe he was talking about his weight.

  113. Absolutely true: “common sense suggests that the PSI readings generated by footballs that were hastily deflated on the floor of a bathroom in the bowels of Gillette Stadium would be much lower than the numbers predicted by the Ideal Gas Law. They weren’t.”

    And for as anal as TB supposedly is about every detail of the ball, the idea that he would agree or suggest that some mope willy nilly stick a needle in the balls & let air out is just CRAZY.

Leave a Reply

You must be logged in to leave a comment. Not a member? Register now!