Looking at how a Tom Brady lawsuit would unfold

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With Commissioner Roger Goodell likely to uphold at least a one-game suspension for Patriots quarterback Tom Brady and with Brady likely determined to challenge any suspension in court, it’s important to consider how a lawsuit attacking Goodell’s ruling would unfold.

Many assume that the case would stretch broadly, with Brady and the NFL Players Association attacking every nook and cranny of the 243-page Ted Wells report and the NFL insisting that Brady finally surrender any and all text messages or other information he refused to give Wells as part of the investigation (and possibly opted not to give to Goodell as part of the appeal). That’s not the way it works, however, when challenging the outcome of an arbitration.

Judges like it when private parties agree to work out their differences through binding arbitration. Because judges aren’t paid by the case or by the hour, the fewer the cases that flood their dockets, the better. Which means that the more arbitration is used in employment settings and elsewhere, the better.

Which means that judges will overturn arbitration awards under narrow circumstances, including dynamics such as bias on the part of the arbitrator, a decision that extends the scope of the arbitration agreement, and in some cases whether the decision was “arbitrary and capricious.”

Earlier this week, multiple reports outlined the plan for fighting a Brady suspension by arguing: (1) that the policy for handling equipment applies to club personnel and not players; (2) that Brady’s “general awareness” of a scheme to deflate footballs doesn’t justify punishment; (3) that Brady did not have fair notice via the rules and/or applicable precedent of the punishment he faced; (4) that other efforts to tamper with footballs did not result in player suspensions; and (5) Ted Wells used subpar and unproven standards for determining that deflation of footballs occurred not naturally but through tampering.

The challenge will begin by questioning Goodell’s impartiality, with a likely argument that Goodell delegated the initial decision to executive V.P. of football operations Troy Vincent (which standing alone possibly creates grounds for overturning the discipline, since the CBA contemplates the Commissioner will make the decision) to make his decision on appeal seem more impartial. Likewise, Brady and the NFLPA could argue that the absence of any public uproar when Goodell goes too far in punishing players versus the open calls for his job when he doesn’t go far enough creates a conflict of interest that makes Goodell more likely to go too far against Brady and other players, in order to never be accused of not going far enough.

The Brady camp has kept very quiet about where the lawsuit would be filed, but one of the factors will be the manner in which the federal appeals court with jurisdiction over the court where the case would begin has handled arbitration rulings in the past. Those clues come from the body of written opinions generated over the years by a given appeals court. With the nation divided into more than 10 federal circuits and with the bar to get to the U.S. Supreme Court incredibly high in any case, picking a federal district court within a favorable federal appellate circuit becomes critical for Brady.

The goal in filing a lawsuit will be getting a ruling before Week One. But courts often move at their own speed, which eventually could force Brady to seek a preliminary injunction, allowing him to play while the case goes forward. Also, if Brady loses at the first level before Week One, he could then seek a preliminary injunction pending the outcome of an appeal.

Regardless of how it all plays out, it should be fairly streamlined and it should move quickly, relative to other civil lawsuits. Still, Brady and the NFLPA will come out swinging as hard as they can, hoping that by pointing out enough of the flaws in the Wells report and the overall handling of the case that a judge will believe Brady was treated unfairly, and in turn will find a way to connect the dots to overturn any suspension.

252 responses to “Looking at how a Tom Brady lawsuit would unfold

  1. Why does everything have go to court? This has gone on long enough. Own your mistake and just take it like a man, Brady.

  2. Brady and the Pats need to stop the insanity. Nothing speaks louder than someone who proclaims total innocence In the face of obvious evidence to the contrary. Take your punishment like a man, Brady!

  3. Couldn’t it be argued at the preliminary injunction that this entire case is nothing more than another attempt to circumvent the rules? One could argue Brady is only going to court so he can play, he’s almost 40, and doesn’t have much time left. He could simply tie it up in the courts for the next year or two then just retire and drop the case.
    Why does Brady think he’s bigger than the rules, NFL, or CBA? He needs to wake up and check his out of control ego.
    Also, regardless of the outcome in court it’s not going to change public perception.

  4. Its going to court, because Goodells’ ego won’t allow him to change a punishment he signed off on or admit he spent $5M on a report that doesn’t prove tampering even happened. Although Goodell did set a precedence by allowing a team to accuse another of wrong doing without a shred of evidence to back up their claim.

  5. Take him to the cleaners, Brady!!!! Come out swinging hard! Goodall is a $44 million dollar fool.

  6. I want “Dorito Doink” to explain what the “deflator” did with the game balls in the bathroom on the stand. This story needs to generate some laughs at this point.

  7. I don’t care how many appeals he files, or how many games he’s suspended.

    The stink of deflated ball gas will always hang around him.

  8. The case will be filed in Boston. It will be heard at Foxboro at the stadium. The jury will be all the Pats fans who have season tickets. That way it will be fair in the eyes of Pats fans. The penalty phase will result in Brady being awarded ownership of the NFL and all franchises, and his likeness replacing all the faces at Mt Rushmore. Perhaps the court will require his likeness be placed on all crucifixes the various churches use.

  9. Basically, this is a mess. Nobody knew anything about air pressure in footballs before, or cared. They talk on a live broadcast about Aaron Rodgers sneaking a little extra air into the balls – nobody cared. They show a game this year where the team is heating the balls with a heater – nobody cared. But if a certain team from Foxborough is accused in anything like this – no proof is needed – burn the franchise to the ground.

  10. Sat next to John Clayton on a flight recently. He told me it’s known that Tom Brady has been cheating for the last 8 years with the footballs. I’m sure he’ll get off still.

  11. Cheaters, crooks, and spoiled rich people that feel that they’re above the regular folks look for loopholes and technicalities. Expect no different from Tommy two face.

  12. More egg on the face of Goodell after this one. It feels like he is laying out the groundwork for future commissioners, mostly on how not to do your job and have your head up the arses of the guys with the fattest pockets.

  13. There was no arbitration in this case. There was only an appeal made to the league.

    Arbitration infers a non-interested 3rd party hears both sides and makes a decision. While Tro Vincent was the author of the punishment letter, he had no authority to impose the punishment. Goodell says that he authorized the punishment, and Vincent was just the delivery boy. That means that, as the original decider of the punishment, he has an obvious conflict of interest and cannot possibly be an (unbiased) arbitrator.

    Taking the league to court, the outcome may just be mandatory 3rd party arbitration, possibly with a court assigned arbitrator. Anyone with no prejudice in this situation would look at the Wells report and quickly vacate any and all punishments.

  14. I’m still confused about the Vincent/Goodell dynamic.

    If the CBA states that only Goodell can dish out that punishment, then he has to admit he at least was part of that punishment laid out by Vincent.
    And if Goodell was part of that punishment process as required, that would show a conflict of interest
    by him declaring himself the sole arbitrator in the appeal.
    I would think that is #1 on the list to go after the sham appeal process.

    I only wish that the court would look into the league corruption surrounding this deflategate, but unfortunately it’s a lot more narrow than that.
    Heaven know that Wells didn’t look into it, despite the ridiculous attempt by Goodell to say that it was part of the investigation.

  15. It’s never going to need to go to an appeal. Brady’s suspension will be lifted, Goodell will start packing up his office to vacate the commissioner job. He has so badly botched this whole fiasco.

  16. Tom Brady = Ryan Braun
    Tom Brady = FRAUD
    Tom Brady = ********
    Tom Brady = LIAR
    Tom Brady = UNEARNED Titles

    *************************************

  17. “ar·bi·tra·tion (är′bĭ-trā′shən)
    n.
    The process by which the parties to a dispute submit their differences to the judgment of an impartial person or group appointed by mutual consent or statutory provision.”

  18. John Clayton is a joke.
    If he had even a rumor of Brady (anonymous source…anything) he would have put that on his blog.
    What about the Jaguars complaining about catching the Colts ball guy (yes that same ball guy)
    with a needle hanging out of his sleeve?
    Nothing, nada, zilch ever came from that.
    Beyond ridiculous, this whole thing.
    Journalism is dead.

  19. People think that Brady will have to show his records.. No he will not.. They are just challenging the process.. And this report is so flawed and there is no precedent for this type of penalty.. a Judge will just overturn.. and the NFL will appeal it just like Petersons case.. Oh you must have forgot.. AP is not free.. It’s still under appeal.

  20. 1. The TEAM has already been punished.

    2. The ball guys have already been fired.

    3. Yet Tom “I’m too big to punish” Brady whines like he always does. (Which is ridiculous because he got off too easy to begin with. And even THAT wasn’t enough for THE GREATEST [CHEATER] OF ALL TIME. Wow.)

  21. I am confused ???

    1. The ball boy took the balls into into the bathroom before the game.
    2. He called himself the deflator
    3. This organization has a history of cheating, which is fair game. This is why character witnesses can be used in court.
    4. Brady refused to give up his phone.
    5. PV=nRT, is the ideal gas law. The key word is “ideal or ideal circumstances.”
    6. The New England fumble rate is statistically impossible.

    Hey I am passionate about my team as well, but it seems like New England fans are delusional.

  22. No way no how he takes it to court. It would expose all the other cheating going on too!! And that’s why he won’t do a thing about it.

  23. I’m no Pats fan, but if the penalty for tampering with equipment is 25k and you get 4 games there is an issue. If you got a $35 parking ticket that resulted in 4 days jail time you would fight it too…

  24. So if any quarterback thinks his right tackle might have held the defensive lineman he should call a time out and tell the ref?

  25. I know how it WON’T unfold … he won’t turn over his cell phone which then proves he’s innocent … because he isn’t.

  26. 3menandablog says:
    Jul 19, 2015 12:29 PM

    Sat next to John Clayton on a flight recently. He told me it’s known that Tom Brady has been cheating for the last 8 years with the footballs. I’m sure he’ll get off still.

    **********************************************

    If you believe this clown you prolly believe everything Goodell has ever done even though every punishment he dishes out gets overturned.

    I din’t know Ted Wells posted on here. Sorry Ted you blew it!!!

  27. I’m just saying…I’m 40
    I played QB way back when.
    I’m now teaching my kids to throw and catch
    we deflate the football b/c its WAAAY easier to throw and catch a deflated football.
    be careful saying its no big deal etc.

  28. There is no legitimate evidence against Tom Brady.
    The Patriots had nothing to do with this.
    There are 31 teams whining fans pushing this as hard as they can because they want make him look bad.
    Nothing else.

  29. I seriously doubt that Brady will take this to court. He has nothing to gain but everything to lose. This has gone on long enough. Brady has to have been told there will never be total exhortation. There is no way to clear his name.

  30. If I was the judge and this case came before me I would add an additional fine to both parties for wasting everyone’s time. There are REAL cases that should be heard by the court. This is the case of rich babies crying over spilled milk.

    The players had a chance to vote against the Commish holding this power in the last CBA. Only one team did not consent, so these are the rules. Live by the outcome and MOVE ON.

  31. All these people claiming for “Brady to accept his punishment”… How many times has the NFL been right? They routinely get overturned in Court or when it goes to a 3rd party (like Tagliabue in the Bountygate case).

    And in the case of Rice, Goodell had the police report & Rice’s OWN admission he assaulted his girlfriend. In Bountygate, they HAD evidence that Payton lied.

    Hell, a 3rd party just reduced Hardy from 10 to 4 games. And Hardy was actually CONVICTED by a court (before he got that overturned).

    They had evidence in BOTH those cases. Yet in BOTH those cases, an impartial judge or 3rd party felt Goodell was inaccurate in his ruling. In the case of Rice, a Judge determined GOODELL LIED UNDER OATH.

    Yet suddenly, since it’s the Pats & Brady, the NFL got it right? In a case where there isn’t ANY DIRECT EVIDENCE?

    You do realize there’s NO evidence of wrong doing. Even Wells SAID this.

    He states, “Brady was ‘generally aware’ of an event that ‘probably happened'”

    So Wells couldn’t even for certain to say an infraction occurred and couldn’t say that Brady absolutely knew about it.

    Now, couple that with the fact that multiple impartial scientists (AEi, Science Journal of America) have basically said Wells’s science was wrong & his conclusions were wrong. They all now say it’s “more probable than not” there was NO illegal deflation.

    So, knowing Goodell’s history of overreaching punishments and Wells’s 5 month investigation that is not only flawed, but even flawed couldn’t produce a proven conclusion, why should Brady just “accept” it?

    Would you?

  32. Dont need a lawsuit. Lie detector tests to the deflators and Brady.

    Game over Brady…

  33. Brady is innocent or guilty, doesn’t matter.
    Goodell is an overpaid failure.
    Time for a regime change.

  34. Brady came off as a neocon by skipping Walter Reed appearance as well as the White House. Also by turning down any early help from the NFLPA. And now he is crawling back the the Union.

  35. Nice little script you have there for Law and Order, Florio. Too bad it’s completely absurd. The judge isn’t going to be a clown like Goodell and try to create “integrity” within the arbitration system by avoiding actually scrutinizing the case for actual integrity. The NFLPA will not have to focus on one thing, mainly that Goodell is biased. They will just have to show that the NFL acted outside of the CBA, and violated the rights of their employee as governed by that CBA. Same as the Peterson case. Same as the Saints case. Same as the Starcaps case.

    Where do you come up with this stuff?

  36. I love how all of these clowns are on here spouting crap like “take it like a man Brady”. If your quarterback was being punished by something that there is no evidence even existed, I HIGHLY doubt you’d be saying the same thing. Take off your biased “big bad Patriots” glasses for a second and you’ll see this for the sham that it is.

  37. Looking how this will UNFOLD……

    Judge : Mr. Goodell, you OFFICIATED Rule 17 NFL APPROVED Footballs with the result of: Second Half of the AFCCG = PATRIOTS 28 to Colts 0. Final score = PATRIOTS 45 – Colts 7
    Mr. Goodell, Why did you not make a statement of INTEGRITY concerning both the AFCCG and the PATRIOTS at this point ?

    Goodell : The whole thing backfired on us with the first sting attempt. We were very disappointed.

    Judge : Mr. Goodell, you leaked false information that slandered the PATRIOTS for two weeks leading up to the SuperBowl, WHY ?

    Goodell : That was our second attempt to undermine the PATRIOTS.

    Judge : Under the highest NFL scrutiny, with NFL Approved Rule 17 footballs the PATRIOTS defeated the #1 Defense in the NFL and perhaps all of NFL History – Why did you refuse to make a statement of Integrity in support of SB XLIX, the PATRIOTS and to the NFL Fans around the World.

    Goodell : We were hoping the Seahawks would win (whimper) but that also FAILED.

    Judge : Again you refused to make a statement of Integrity for Tom Brady who BROKE NFL SuperBowl Records with your Rule 17 Approved footballs? What did you do next?

    Goodell : I hired Mr. Well$ in a fourth attempt to discredit the PATRIOTS.

    Judge : Mr. Goodell, Why do you feel it necessary to discredit the PATRIOTS.

    Goodell : 31 NFL Teams demand I give them Parity & to protect the Sheild – I AM the SHEILD !!!!

    Judge : OK, I’ve heard enough !!! Take Mr. Goodell to the psyche ward and have him thoroughly evaluated.

    Judge : Mr. Well$, let me see your report.

    Well$ : Your Honor, there is zero evidence in my report that Brady & the Patriots violated Rule 17.

    Judge : Then why did you conclude with “Brady knew Something – More Likely than Not” ?

    Well$ : $5 million Big Ones – That’s why.

  38. Tee hee 🙂 Look at Patriot Hater begging Tom Brady not to take this to court!

    Oh they will deny it but…they are. 🙂

    So adorable! It’s like the little chihuahua telling the big dog what to do!

    🙂

  39. I don’t particularly care for the Pats or Brady, but I do think he was jobbed. And I think we can all agree, Goodell may be one of the biggest hypocrites we’ve seen in a long time.

    Goes overboard with punishment but receives none himself.

  40. charmcity17:

    1) He was in the bathroom for 90 seconds & was carrying 2 large bags of balls. He’s a large man. You challenge the Ideal Gas Law, but only in a vacuum could someone enter the bathroom, lock the door, set the bags down, remove 12 balls, deflate each ball , put every ball back in the bag (keeping track of which ball is which), zip up the bag, unlock the door and leave in UNDER 90 seconds.

    2) He called himself the “deflator” in 1 text several months prior to the AFC Championship game. In the over 1000 texts between JJ & McNally, he referred to himself this way exactly 1 time. Mechanics use Shop humor, scientists use science humor. Guys who routinely inflate & deflate balls to prep for practices & games aren’t allowed to use air pressure humor?

    3) The Pats “history” of cheating is less than most teams. In fact, they’re not even in the top 10 for infractions. Most ignorant fans don’t even know what Spygate was. It wasn’t illegal to video tape & steal signals. It was illegal where the Pats put the camera. #Fact

    4) According to the CBA, a player doesn’t have to give up his personal phone. And any text or email between Brady & JJ/McNally would appear on those guys phones. There was no reason for Wells to ask for Brady’s phone aside from getting Brady to refuse & use that against him. Goodell did not surrender his personal cellphone in the Ray Rice case.

    5) Exponent used the same Ideal Gas law to say illegal deflation took place. AEI & the Science journal of america USED THE EXACT SAME INFORMATION WELLS HAD but proved that Exponent & Wells didn’t use the formula correctly.

    AEI doesn’t absolutely say anything other than there’s NO way Exponent or Wells could’ve determined guilt by Science.

    Everyone now determines that it’s highly unlikely ANY illegal deflation took place. No crime, no time.

    6) Winning teams fumble less than losing teams. Every stat in the history of the NFL shows that teams win more when the turnover the ball less.

    Also, let’s ignore the Pats haven’t had a ground game in the past 10 years. They’ve been throwing more than running nearly 75%-25%. So when you run less, you tend to fumble less.

  41. charmcity let me help you.

    I am confused ???

    – 1. The ball boy took the balls into into the bathroom before the game.

    A 70 year old ball ‘boy’ takes a leak, maybe the league shouldn’t ask a team representative to carry the balls.

    – 2. He called himself the deflator

    He called himself the deflator in some texts during the offseason when he and his co-worker were talking about their women. His job during the offseason would have nothing to do with ball prep on game days.

    – 3. This organization has a history of cheating, which is fair game. This is why character witnesses can be used in court.

    I think its more accurate to say they had a rules violation, which they never denied (and clearly didn’t try to hide). Their rule interpretation was rejected and they were punished. It was a minor procedural violation with nearly zero competitive advantage.

    – 4. Brady refused to give up his phone.

    Nobody has given up their texts before, the union doesn’t want him to, the league shrugged when Brett Favre wouldn’t give over his phone and he was accused of sexting. Wells only asked for this to try to set a president for future cases and to weaken the union.

    – 5. PV=nRT, is the ideal gas law. The key word is “ideal or ideal circumstances.”

    No, it’s ‘ideal gas’. Gasses behave nearly perfectly as ideal gasses, it has nothing to do with ideal circumstances. They always behave the same way.

    – 6. The New England fumble rate is statistically impossible.

    The Fumble rate is not statistically impossible. Their fumble rate is average. Their fumble loss rate is excellent, but that includes fumbling and recovering, you know, the sort of thing you can practice.

  42. I don’t hate him…I just think he sought an unfair advantage…don’t blame the guy either…but he got busted so he should get punished…
    if there was no punshment for crimes there’d be more crime I think. I know I don’t speed if I think theres a cop around…

  43. The thing I love about Brady as my QB is he hates wussies as much as I do.

    He has no time for the limp wristed skirt wearing sissies that the NFL throws at him on the schedule every week. So he treats them the way they deserve to be treated…with contempt and arrogance.

    Can you blame him???? I don’t at all. It really is beneath an all time great to have to put up with such inferiority.

    🙂

  44. Really did not need to be tagged Pittsburgh Steelers. The Thursday game I’m watching anyway, and regardless of who starts for NE at QB.

  45. belichickluvsu says:
    Jul 19, 2015 1:09 PM

    I cannot wait for the patriot haters to cry when this is all overturned.
    Clear evidence against Brady? Lol.
    ———————————————————–
    ———————————————————–
    And I cannot wait to hear what Jim McNally and John Jastremski have to say under oath. (Does a NDA over ride testimony under oath? Can’t wait to find out.)

  46. yeah lets let lawyers and judges figure it out, because the truth allways comes out then !

    American justice system has to be one of the biggest jokes of all time.

    if it goes to that i say lets just flip a coin instead and move on.

  47. I’m surprised this reported “plan” to fight the suspension in court hasn’t been talked about more. It seems like they are going to try every possible defense all rolled into one.

    The point about the Wells Report being flawed is a valid one and really should be the one Brady focuses on. In essence, we didn’t break the rules.

    However, the other 4 points of the plan all seem like excuses for having broken the rule
    – the rule didn’t apply to Brady
    – knowing about rule breaking shouldn’t be punished
    – he didn’t know what the punishment should be, therefore he shouldn’t be punished
    -the always popular “everyone else is doing it”

    So, Brady didn’t break the rule. Or he did, but it wasn’t meant for him. Or no one told him he could be suspended. Or no one else was ever punished.

    None of this seems like Brady or his reps are saying “Hey, he is innocent.”

  48. Why all this consternation and time? Wells had all the data that shows NO DEFLATION OCCURRED! He was either to stupid or too dishonest to make the obvious conclusion.

    Take bottle of water and empty it to about 1/4 full. Let the bottle sit until the water is at room temperature. Cap the bottle and put it in the refrigerator. Wait 15 – 30 minutes and check out the bottle. It will be collapsed due to the effects of the ideal gas law.

    I did this and was not even trying. Then after the water sits out in room temperature the bottle re-inflates.

    This is simple stuff people…

  49. It’s thumbs down if you dare to suggest that Brady deserves the punishment he got, but thumbs up if you level all criticism of deflategate at the league and its embattled Commish.

  50. fanofpft says:
    Jul 19, 2015 1:17 PM

    Brady came off as a neocon by skipping Walter Reed appearance as well as the White House. Also by turning down any early help from the NFLPA. And now he is crawling back the the Union.
    ——————————————————————
    Maybe he just doesn’t like the arrogant fool in the White House. “uh, you’re in my house now”. No jackwad, it’s the people’s house, you are just a guest.

  51. truetrue85 says:
    Jul 19, 2015 1:20 PM

    I love how all of these clowns are on here spouting crap like “take it like a man Brady”. If your quarterback was being punished by something that there is no evidence even existed, I HIGHLY doubt you’d be saying the same thing. Take off your biased “big bad Patriots” glasses for a second and you’ll see this for the sham that it is.

    **********************************
    Let me begin by saying how annoying it is to see someone start off a post with “I love how”….

    That being said, thank you for chiming in with your truly unbiased, although highly immature opinion Gisele.

  52. I can’t wait till a judge hears “Tom Brady was most likely generally aware of the balls being deflated by two other individuals.” That vague bs isn’t going to fly in court. Sorry to bust your bubble NFL front office and colts organization/fan base.

  53. @solo681:

    You missed the FIFTH attempt to discredit the Patriots:

    Judge: Why did you hand down an unprecidented and outrageous sanction on the team for a violation that carries a minimum $25k fine? Even though it has been waived for other incidents that were caught on film vs. this one that is mere speculation?

    And the SIXTH:

    Why do you think it is appropriate to fine a player in a sexting scandal $50k for not handing over his phone, yet here where you already have evidence from the recipients of the text messages, you lose your mind and impose such an arbitrary and capricious punishment?

  54. Can’t wait for the pat brats to come unglued when nothing happens.

    He’ll serve his 4 games and that’s it. Got off light for the tainted history of the franchise.
    Brady is hardly above the laws.

  55. solo681 says:
    Jul 19, 2015 1:22 PM

    Looking how this will UNFOLD……

    Judge : Mr. Goodell, you OFFICIATED Rule 17 NFL APPROVED Footballs with the result of: Second Half of the AFCCG = PATRIOTS 28 to Colts 0. Final score = PATRIOTS 45 – Colts 7
    ———————————————————–

    This argument tells me that you are new to football.
    One early bad call can change the outcome of a game.
    One half of cheating bringing the score to 28-0 would change the entire game plan of the opposing team thus changing the outcome from what you seem should be perhaps 28-27 that would, in your mind, show that the cheating was valid.

  56. churchofthehoody says:
    Jul 19, 2015 12:47 PM
    Ahh yes more group therapy for the tragically butthurt

    Bring us your sweet salty tears
    ————————————————–

    You know that Mendenhall charge-card story turned out to be total bunk.

    Don’t you think you should man up and take back your remarks about Ben? I mean, with all the “sweet salty tears” Pats fans shed over how people judge Brady without getting all the facts first… seems only fair.

  57. Hey Florio…I got a question for you. I am not a lawyer so this might be completely ridiculous but here is my initial understanding:

    1.) Brady is not going to be able to challenge the NFL over what did or did not happen only the process by which it was adjudicated. I think largely due to Goodell’s bumbling and out-of-his-depth leadership Brady does have a very good chance but victory will not in any way exonerate him of the actual charges it will only prove that he was unfairly treated.

    2.) A defamation lawsuit is a possibility to clear the air, so to speak, and restore his reputation but that is an uphill battle for celebrities. Although I do think he can demonstrate malice on the part of the NFL which has conducted itself in very dishonest on non-transparent manner this is not a battle that would be easy to win.

    So…Can Brady attack Wells? Is it possible under any circumstance to argue that Wells’ work was authorized as an “Independent” investigation but not conducted in an independent manner and therefore fraud was committed against the parties involved in the investigation…ie Brady and the Patriots? Just curious at the end of the day what consequences, besides diminished reputation, Wells might be forced to face.

  58. If this were any other QB but Tawmmy, the Patriots fans would be the ones screaming the most about how that quarterback tried to ruin the integrity of the game and that they and their seed should be stricken from the earth.

  59. Tell me Pats fans. Why did the “ball boys” get fired and paid a most likely large sum of money to keep quiet?

    If Brady was innocent, wouldnt they speak out for him?

    Why have they disappeared? We know the answer.

    And dont twist this into a “I hate Goodell rant”.

  60. we’ve read all the stories lets dissect this. A guy will not give up his cell phone which would prove his innocence.. doesnt mean he is guilty but is fishy…next there is video of ball guy going into bathroom with footballs.. suspicious but does not prove guilt…then there is the messages of “free signed jersey s” and stuff given to the ball guys. What could that possibly be for? Remember the article that stated that 60 seconds in the bathroom was not enough time to deflate footballs, well apparently it only takes about 3 seconds per ball when you’re nickname is the deflator. now obviously im no sherlock holmes, but i can confidently say that there is a 98.6 percent chance some ball tampering occurred

  61. What amazes me about this case is the media’s general unwillingness to come down hard on Goodell for:

    The abuse of power. The incompetence of his staff. The charade of calling Ted Wells independent. The amount of money paid to Wells. The leaking of lies to his toadies in the media. The creation and distortion of evidence. The character assassination of Brady and non-public Patriots staffers. The refusal to allow a truly independent arbitrator to hear Brady’s appeal. Dragging out the investigation and the appeal process. For hiding behind the phrase “integrity of the game”.

  62. Based on my previous comment which is a valid concern/ argument, and the fact that this is a case of cheating. Wouldn’t the most fair ruling in the injunction hearing be to suspend him with pay until its settled?
    That would ensure good faith from the Brady camp that this case isn’t about beating the system. Also, that seems to be a fairly common practice in employee-employer disagreements.
    The key to this case is whether or not the CBA is intact, which is going to be hard to prove. Get your popcorn everyone, this is going to be pure entertainment!

  63. Another stupid article from Florio neglects to mention the 800 pound gorilla in the room. That the Wells report itself stated it was UNCERTAIN THAT TAMPERING OCCURRED
    Also neglected to mention that INDEPENDE NT analyses in the New York times and Washington Post shredded the Wells report as rubbish.

  64. willycents says:
    Jul 19, 2015 12:26 PM

    The case will be filed in Boston. It will be heard at Foxboro at the stadium. The jury will be all the Pats fans who have season tickets. That way it will be fair in the eyes of Pats fans. The penalty phase will result in Brady being awarded ownership of the NFL and all franchises, and his likeness replacing all the faces at Mt Rushmore. Perhaps the court will require his likeness be placed on all crucifixes the various churches use.
    *************************************************************

    I might be satisfied with this outcome…would he own all the broadcast rights as well? If not, no deal.

    Go Patriots! Tom Brady is the G.O.A.T. #BestEvah

  65. Andrew Luck’a footballs were deflated too

    Why won’t he take it like a man, accept his own 4 game suspension and the loss of a draft pick?

    Goodell can’t credibly assert the laws of physics apply to the Colts but not the Patriots can he? NFL fans aren’t that stupid!

    EDIT: Apparently they are

  66. There will be two lawsuits.

    One so he can play. The other one will be the big one. 300 million dollar defamation lawsuit one which will include ESPN for printing 11 of 12 balls 2 psi below specification

  67. There’s more evidence that Colt players, coaches, staff and ownership tampered with those Patriot balls than any evidence against Brady…or the Patriots. This will be thrown out in court…and, Brady (maybe even the Patriots) will be awarded a LARGE financial gain.

    Its time to bring in Condoleezza Rice…and, Wells should be in prison.

  68. Patriots are still Super Bowl champs. That pisses off a lot of people. Wee-wee time for all the rivals. Enjoy!

  69. Trd, I agree with your post. But Brady has no choice but to accept the Wells Report that the balls were deflated by illegal means. His whole defense has been that he knows nothing. He didn’t know anything about the footballs once he selected them. He denied knowing who Jim McNally was and that he handled the balls after the ref’s inspected them. His problem is both JJ and JM said he did know the process.

  70. I don’t get this… If Brady feels he’s been wronged, why shouldn’t he do all he can to clear his name. Why submit to a suspension that he feels is unjust? Where in the report does it say he is absolutely guilty.

    I understand why non Patriots fans hate him, but use logic. Why when Greg Hardy, who whipped up on his girlfriend appealed 10 games, where was the outcry about taking his punishment. Or AP whipping his son? These guys hurt other people.

    Brady is assumed guilty. He has every right to clear his name.

  71. ReligionIsForIdiots says:
    Jul 19, 2015 2:12 PM

    Peyton > Brady

    Kiss the ring, no cheating needed.

    *************************************************************

    No cheating, huh? Did you forget the shady way Peyton came to be a Bronco? Have you forgotten SalaryCapGate? No offense but I laughed out loud at the singular use of the word ring…LOL 1 Ring. Oh lordy, thank you for the laugh.

  72. “ReligionIsForIdiots says:
    Jul 19, 2015 2:12 PM
    Peyton > Brady”

    Peyton > Brady in commercials, maybe, but Brady is the greatest player in NFL history.

    The last two super bowls tell the truth. Peyton tanked in a blowout loss to the Seahawks and Brady came back from 10 points down in the fourth quarter to beat the Seahawks.

  73. Having a hard time understanding the definitive “Brady is guilty” trolls when the NFL spent 5 million dollars and still can’t say cheating was definitive by anyone. Fans need to realize one of our teams could be next to get railroaded by Goodells traveling circus without evidence and facts.

  74. I think we can all agree there is no evidence here. Once this meets a neutral venue it will fall like a glass house of cards with clay feet built on a foundation of sand.

  75. Why don’t Brady just shut up and take the suspension like a man ? Big Ben got 6 games reduced to 4 and wasn’t even charged ! Brady and the Pats are all ego maniacs , good or not they are arrogant and think they are above the law. Brady knows more than he’s telling, it’s just his reputation against Goodell’s will. Now we have to listen to this crap all year.

  76. You fools need a life. A) No evidence that Pats deflated balls or would even want them below 12.5. B) with seemingly “legal” re inflated balls Brady torched the Colts pathetic defense then was brilliant against one of the better defenses in the last 30 years (although nowhere near as good as 85 Bears or 86 Giants, 00 Ravens). Shredded the legion of Boom with regulation footballs, imagine that! So shut your pie hole haters!

  77. timcast12 says:
    Jul 19, 2015 12:20 PM

    Just here to say, Tom Brady and the Patriots are guilty! Aaron Rodgers>Tom Brady
    ———————————————————-
    Okay, you said it. Now back to Mammas basement for you. You do realize, nah, who am I kidding? You don’t realize that your boy Rogers admitted to over inflating game balls and hoping they would slip past the officials. This would be admitted cheating yet nary a word from the NFL league headquarters. No investigation. No 245 page Wells report at 5 million dollars. No docking Packer draft picks or million dollar fine. No 4 game suspension for the guy who told the whole world he cheated. But Pats fans are delusional?

  78. This is how it will play out:
    1. Goodell reduces suspension to one game
    2. Brady and Co file lawsuit/injunction
    3. Brady plays 15 games
    4. Lawsuit is thrown out in December
    5. Brady sits out last week’s game he would do anyway as Pats will have secured Bye for the playoffs

  79. theravens1 says:
    Jul 19, 2015 2:52 PM

    Brady* is a cheating low life – and he is ruining the game, the integrity, and the league!!
    ———————————————
    Sorry, Ray Rice and Ray Lewis sewed up those things long ago. Throw in your cry baby coach and let’s just say the Ravens are the exact opposite of integrity.

  80. Rice, Hardy, Peterson…..These guys broke off field rules and mores and we have a system in place to deal with societal behaviors, the courts. Cheating is an on field violation of rules and mores and we have a commissioner to deal with that per the CBA and the NFLPA. These are different things, not to be confused or compared with each other, which is why Brady hasn’t appeared before a judge in criminal court. I think the 4 games stand and Brady will accept it, because he knows he will lose in court and because if he just accepts for good of the game he will be an even bigger hero in the Patriot fans’ eyes.

  81. “nflfan1 says:
    Jul 19, 2015 2:39 PM
    Having a hard time understanding the definitive “Brady is guilty” trolls when the NFL spent 5 million dollars and still can’t say cheating was definitive by anyone. ”

    Excellent post.

    Understanding the definitive “Brady is guilty” trolls requires the realization that if Brady was any other quarterback, playing for any other team, no one, including the NFL, would care.

  82. Imodan, so when Brady submitted two under inflated balls in the AFCCG, this is admitted cheating by Brady? If you are saying Rogers is cheating by trying to sneak over inflated balls by the refs, then clearing you are saying Brady is cheating when he submits under inflated balls.

  83. bigal5654 says:
    Jul 19, 2015 3:11 PM
    Seems simple. Brady and the Pats equipment people should just submit to lie detector tests.

    The Pats organization and their fans are fine with that idea. Provided that Roger Goodell, Mike Kensil, Troy Vincent and Ted Wells also submit to lie detector tests.

    Pats win again!

  84. Brady’s obviously guilty because he is claiming innocence, right? I mean an innocent person would never do that. Since we have no proof, we can convict him solely on his claims of innocence.

  85. The only people that think Brady didn’t know what was happening live in New England. Let’s get this over with. Take your punishment Tom, wether it be 4 games or two and move on. Also, I think that the Patriots organization taking their punishement speaks volumes.

  86. Anyone else notice that 745% of commentors state they believe he is guilty but the clickers reflect a different tally? Appears as though the Pats PR team is manipulating the up / down tally.

  87. Even after Brady wins in court he’s still going scorched-earth on the rest of the league.

    When your team comes to NE this is my prophecy:

    “But they shall say, I tell you, I know you not whence ye are; depart from me, all ye workers of iniquity.

    Andf there shall be much weeping and gnashing of teeth, when ye shall see Kraft, and Belichick, and Brady, and all the Patriots, in the kingdom of Foxboro, and you yourselves thrust out.”

    -Luke 13:27-28

  88. Harve, agree with your post. But it appears that Rice, Hardy and Peterson are needed for the focus to be taken off of Brady. The reality is what the three of them did, was criminal and what Brady did is simply disgraceful.

  89. Florio,

    Your blog only addresses one part of the potential lawsuit pertaining to the penalties charged to Brady, that is, whether Brady was treated correctly and/or fairly. While I understand that this is a process that needs to be compartmentalized into multiple proceedings, your blog ignores that Brady and the Patriots (and probably Jastremski and McNally as well) will have additional actions/lawsuits following the success of the Brady’s original lawsuit.
    The total number and nature of comments just on your blog alone, Florio, will provide evidence that Brady was defamed and his legal team will be able to easily prove “actual malice”, an additional bar required when famous people sue for defamation.

    The Patriots will fully expect their penalties to be rescinded in light of the anticipated rescinding of Brady’s penalties. This likely wont require legal action as it will be done voluntarily, insisted upon by the other owners. They wouldn’t be able to face Kraft in meetings if the penalty against the Patriots stood after Brady proves there was no action to have been penalized for.
    And why do you think Jastremski and McNally have been so quiet? I am certain they have spent many hours with the Brady and Patriots legal teams. And I believe that it has also been decided that this process will result in defamation cases in favor of them both. And where Brady’s defamation case carries a higher bar to overcome, because Jastremski and McNally are not considered public figures, their victories are guaranteed.

    So even though Florio’s blog doesn’t address these additional actions, expect them to happen. Not because Brady needs the money but because he didn’t do what he was accused of and he wants that to be proven. And the other cases will just be fallouts of Brady’s.

  90. No reduction in the 4 game suspension. Brady files a lawsuit, suspend until the outcome of the lawsuit.

  91. whitetrash69 says:
    Why does Brady think he’s bigger than the rules, NFL, or CBA?
    ==============
    I agree with whitetrash69….. Why is Brady bigger than the rules….. Oh wait, the fine for tampering with equipment is $25,000.00!!!
    So whitetrash69 and you haters from the other 31 losers……why should TB12 suspended 4games?

  92. Limakey,
    Your issue with whether Brady knew McNally and what he did is no different than if someone was to ask me, using you real name, what your opinion about Brady was, all without using your user name Limakey. I would honestly say I don’t who you are (by your real name) and I don’t know what your opinion is about Brady’s guilt or innocence. And I would be telling the truth.

    Brady didn’t know McNally by his real name and as a result, wouldn’t know what a guy named McNally did within the organization.

    Jastremski, not being aware that Brady wasn’t aware of McNally’s nickname, would say yes of course Brady knows McNally and yes of course he knows what he does.

    All pretty incriminating. But also all pretty wrong. And all will be understood in court.

  93. No evidence???
    Didn’t the Pats fire two staffers for wrong doing?

    Wasn’t proven that the staffers took the footballs after giving them to the refs? (Against the rules)

    Have you read the text messages?
    (Pats official stance was they were about a weight loss plan). – Laughable

    Staffer name himself “the Deflator”

    Tom Refuses to give the text / emails regarding these staffers

    Yes Yes Yes – Nothing to see here

  94. Brady can’t win in the courts. It won’t happen. NFLPA agreed to the CBA, now they have to follow it. But go ahead and take it to court. Go ahead and get your temporary injunction so you can play week 1. I’d like to see the pats sweat when the court rules in favor of the NFL and Brady has to miss weeks 10-14.

  95. Harve, agree with your post. But it appears that Rice, Hardy and Peterson are needed for the focus to be taken off of Brady. The reality is what the three of them did, was
    criminal and what Brady did is simply disgraceful.
    ——————————

    No what Shady did was disgraceful and erodes the integrity of the game.

    Best Regards

  96. I will try once again to post this. Hopefully it won’t get deleted again.

    Here is why the NFL has no chance in court. The court case will not be about the actual deflation of footballs. It will be a procedural matter concerning the CBA. Guilt or innocence is irrelevant to these proceedings in general. That would be determined at a later date when it gets referred.

    Let’s start with the equipment violation. The CBA has the equipment violation of $25K and it is a team penalty. No player has ever been suspended for an equipment violation even when there is 100% conclusive evidence. It has always been a fine. The courts expect punishments to be fair and equitable when dealing with a CBA. This did not occur and that alone could have the punishment thrown out.

    The next thing is the detriment to the integrity of the game that is being claimed. At some point the court will want to know what part of the penalty was for the rules infraction, and what part is for detriment to the game. Here is where Roger is in a real bind. The CBA states that only the commissioner can impose discipline for conduct detrimental. The issue being, is if he were to hand down the discipline, it would have been very hard for him to be the arbitrator due to bias. He just got slapped around by the Missouri courts for just this thing. So he passed it off to Troy Vincent. That right there violates the terms of the CBA. He stated that he consulted with Troy on the punishment. He is talking out of both sides of his mouth. Either he did or didn’t determine the punishment. If he did, the Missouri courts already told him it would be illegal to be the arbitrator. If he didn’t, then he violated the CBA. Poor man has no where to go.

    Hios last hope would be the failure to cooperate. Once again he has several issues there. First, the Wells report stated Brady was fully cooperative on everything except when it came to providing information from his personal phone. There are two cases of this previously, Gostkowski and Favre. Punishments were none for one and a $50K fine for the other. No suspensions. Once again this goes back to fair/equitable/precedent issues.

    He did not cooperate on his personal phone. Privacy issues galore for the NFL on that one. Can they search your house, your car, computers, tablets, etc. I don’t think the courts are going to allow that to fly. The CBA does not require a player to give up their privacy to be cooperative. It does not even state that they need to be “fully cooperative”. I did read it and I believe it said something to the effect that cooperation must be fair and reasonable. The courts are not going to look at invasion of privacy(a violation of the constitution) as reasonable I would assume.

    At the end of the day his best play is to eliminate all penalties and say there was insufficient/inconclusive evidence to uphold them. Otherwise, he could be going a lot further than he anticipates. The NFL can not afford many more court losses before the feds decide to investigate their business practices. Ther is a pattern developing and it is all tied back to Roger. He has made the owners a ton of money, but if they don’t smarten up, he may end up costing them more.

  97. a072455,
    The reason he should be suspended is for lying and intentionally deceiving investigators. Same goes for the Pats penalties. The Pats are the ones who made this a big deal. If they would have been honest and cooperative then it probably would have been a lesser penalty. The refused access to people and information, and deliberately tried to send Wells on a wild goose chase. Innocent people give full disclosure to prove their innocence, they don’t act suspicious and hide information. If Brady is innocent why lie? Why not just give all access to end this scandal?

  98. Rootpain, the stuff about the Nickname was brought up in the Pats’ response. Brady said he didn’t know him or what his job was. If he had any contact with the ref’s or the footballs after the ref’s inspection. At least two people, have testified that is not true. JM was told by Tom, personally, to tell the ref what air pressure he liked the ball. Think that was when he was told to bring a copy of the rule and make sure the ref read it.

  99. churchofthehoody says:
    Jul 19, 2015 12:47 PM
    Ahh yes more group therapy for the tragically butthurt

    Bring us your sweet salty tears
    ————————-

    I always like the tough talk by Patriots fans. Yet, when a Giants fan walks in the room…. they have to respectfully put their head down and bring him a beer and sammich, like the good ***** that they are.

  100. How do Patriot hates who have supposedly read the texts not understand why tweedle see and tweedle dum were fired?

    They stole over $100,000 worth of equipment and memorabilia. This is why we can’t take you seriously, you have to bend yourself into a pretzel trying to ignore any exonerating facts.

  101. thesteelhurtin says:
    Jul 19, 2015 5:15 PM
    No evidence? So the Pats just accepted a huge fine and losing a draft pick over nothing.

    That is correct.

    It is nice to see that finally you Pats enviers get it, and understand why Pats fans everywhere are furious at Robert Kraft for not going Al Davis on the league (and, essentially, himself).

    Robert Kraft bought a lot of goodwill with Pats fans through the years, but his support for Roger Goodell, all in the name of $billions, may be unforgivable.

  102. Rootpain, do you really expect anyone to believe that Tom just a face, asked the face, if he happens to run into the refs, would he give the ref’s the rule and tell him what his air pressure preference? Because that is what Brady is asking the Commissioner to believe. This why Brady is not fighting the findings about the balls. He wants to keep these two out of it.

  103. whitetrash69 says:
    Jul 19, 2015 5:14 PM
    a072455,
    The reason he should be suspended is for lying and intentionally deceiving investigators. Same goes for the Pats penalties. The Pats are the ones who made this a big deal. If they would have been honest and cooperative then it probably would have been a lesser penalty. The refused access to people and information, and deliberately tried to send Wells on a wild goose chase. Innocent people give full disclosure to prove their innocence, they don’t act suspicious and hide information. If Brady is innocent why lie? Why not just give all access to end this scandal?

    _-

    What did he lie about?

  104. footballluv says:
    Jul 19, 2015 1:05 PM

    I’m just saying…I’m 40
    I played QB way back when.
    I’m now teaching my kids to throw and catch
    we deflate the football b/c its WAAAY easier to throw and catch a deflated football.
    be careful saying its no big deal etc.

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

    Must not have been a very good or even average QB if that’s what you believe. Catching a football while deflated-easier. THROWING a football while deflated is MUCH harder. Like throwing a duck. You’re lucky to throw 20 yards with a deflated football.

  105. Patriohaters, I laugh at you.

    There is nothing here, and you continue to hope.

    WAR Brady!

    We raise the banner in less than 53 days!

  106. So in reading the five defense arguments listed:
    1 – 4 are ‘yea he did it’ but so what.
    5 is ‘your guy is too dumb to know that he did it’

    I’m now equally convinced of TB’s innocence as I was OJ’s

  107. Rootpain and Deweygroup……..

    You both have way too much time on your hands.

    The ‘Pretend To Be A Lawyer’ group is alive and well I see, with 2 full members.

  108. One for the thumb, I don’t think JM and JJ were fired. They have been suspended. And if they stole as much as you said they did, they would be in jail. Odd, they stole from their employer, yet not fired.

  109. Question for Pats fans.
    If you were wrongfully accused of a crime would you lie to the police and refuse to give them access to information that would eliminate you as a suspect?
    If you were innocent of the crime would you give full access to any information or would you release any and all information they ask for?
    It seems apparent that an innocent man would have nothing to hide and no reason not to give full disclosure to exonerate them.

  110. That is correct.

    It is nice to see that finally you Pats enviers get it, and understand why Pats fans everywhere are furious at Robert Kraft for not going Al Davis on the league (and, essentially, himself).

    Robert Kraft bought a lot of goodwill with Pats fans through the years, but his support for Roger Goodell, all in the name of $billions, may be unforgivable.

    0 0
    Or could it be that Kraft knew they were busted and was an actual man and accepted his punishment which I can respect. ,

  111. Brady lied when he said he didn’t know the ball boys. Think about it, he works directly with Pats players on a daily basis and was employed with the Pats for 20 some odd years. Also, a high profile athlete’s cell phone number was in the ball boys contacts list and in the recent calls section. People like Brady wouldn’t give out his phone number to just anyone, especially someone he claims to not know. Its basic logic and reasoning.

  112. Pats fan don’t care if they cheat. Bottom line.
    Truth is they been doing it a long time. In a year or two
    they’ll be cay thing cheating again.
    Bottom line…NFL won’t be the same. Just wait.

  113. If Brady takes it to court, then there’s no way anything incriminating is on his phone that he would surely have to surrender. Same goes for McNally or Jastremski – if it goes to court, don’t expect any bombshells there.

    Brady is smart. Brady has smart lawyers. If there’s incriminating info out there that the courts would be able to easily obtain, there is no way that this thing is going to court.

    It’s one of the reasons why Pats fans want Brady to go to court so badly – it’ll be a sign that he truly did nothing wrong. If he accepts even a reduced punishment, then there will always been questions.

  114. Brady is not Bonds, McGuire, Armstrong, OJ, or whomever else anyone uses as a comparator. For those saying Pats fans are delusional in his defense, think for a second just how delusional THAT is…

    He’s a guy that likes to throw the football on the lower end of legally inflated (between 12.5 and 13.0 PSI). That is all. No more, and no less.

    Prior to this nonsense, no one has even sniffed in his direction with regard to breaking ANY rules over his long and legendary career. And in case you were wondering, he beat you because he was BETTER.

    Since he is, A.) is arguably the best and winningest QB you’ve ever seen, and B.) comes across as smug and aloof at times–this creates the blood-thirsty throng that will latch on to anything that would spell his demise. The Steelers fanbase particularly comes out in droves–no shocker there–Brady has broken their hearts so many times I can barely count them all. The rest of the AFC East has been knocked out for 15 years, so you can take a number and get in line behind them.

    They got this inconsequential nugget dropped in their laps, and then, it was off to the races. One thing I hope we can all agree on–this is certainly the most contrived and protracted “controversy” in the history of the sport. What it doesn’t do is dent Brady’s talent or accomplishments in the least.

    All it tells me is just how sick other teams fans are the are of him and the Patriots having a stranglehold on the league. It tells me the Patriots are great. So the great Patriots are hated by fans of other teams? So what???

    They’ve only proven that they are just as unqualified and biased as we are in defending him.

  115. Tell me Pats fans. Why did the “ball boys” get fired and paid a most likely large sum of money to keep quiet?

    If Brady was innocent, wouldnt they speak out for him?

    Why have they disappeared? We know the answer.

    And dont twist this into a “I hate Goodell rant”.
    ————————————————-
    “Most likely large sum of money…” Do you by chance work for the same law firm as Ted Wells. Or go to the same law school? Who says money changed hands? Evidence please. Sure, it might be true. On the other hand there is no evidence that supports this arbitary and capricious claim. It might be true that I am sleeping with your mother. Lots of baloney might be true and we can make stuff up all day to promote any agenda we feel like but it sure works better with something more than your imagination to support it with.

    Why have they disappeared? Maybe on the advice of their lawyers. Maybe on the advice of Brady’s lawyers. Maybe at the request of the NFL’s lawyers. Maybe they have nothing to add. We have already heard very conflicting stories about these two. The Patriots have claimed that they were suspended at the request of the NFL. Roger Goodell says that is not true. The Patriots have not always been entirely forthcoming with the truth. The NFL has told multiple bald faced lies throughout this “event.” Going to have to believe the Pats side here. The Patriots were issued a statement from the NFL office prohibiting them from discussing the matter during the investigation or defending themselves…Even while the league allowed disingenous misinformation to filter through the media. Who knows what is going on with these two. The assumption that any testimony from them is damning to the Patriots is a mistake. It could just as easily be the NFL which is shutting them up.

  116. Does no one remember that his suspension wasn’t solely for the deflation of the balls, rather his refusal to cooperate? Seriously, your “no evidence” argument is pointless.

  117. Kwjsb, Brady has basically taken the phone issue off the table. He basically is conceding to the Wells Report findings about the balls. He is claiming no knowledge of it and he did not direct it. He is fighting the procedures and the terms of the punishment. He wants fines, not suspension.

  118. mb23nj says:
    Jul 19, 2015 12:57 PM

    I’m no Pats fan, but if the penalty for tampering with equipment is 25k and you get 4 games there is an issue. If you got a $35 parking ticket that resulted in 4 days jail time you would fight it too…

    THANK YOU. I AM a Pats fan. I believe they deflated the ball to Tom’s liking (around 12.5 psi) – I think a fine should have been issued. But 4 games and a 1st and 4th round draft pick is asinine and clearly agenda based.

  119. .
    @limakeys

    More bloviating from Roger Goodell’s favorite paid poster :

    ” Brady is basically conceding to the Wells Report findings on the balls ”

    That’s a patent falsehood. Post the link to support your statement, otherwise stop wasting time by posting lies.
    .

  120. What grieves me the most about this article, and what should certainly concern most everyone else is. Why is it possible for anyone to file a case at all, with a court that may be sympathetic to thier desired outcome?

  121. You haters keep confusing your “facts”. The ballboys number wasn’t in Brady’s phone, it was the equipment manager – 2 different dudes. Brady was in contact with the equipment manager who in turn would tell the ballboy how to get the balls right. If you mouth breathers can’t even read, taking your arguments seriously becomes kind of difficult. It’s honestly like debating with a classroom of 5 year olds.

  122. Foolish Brady thinking just because he may win a lawsuit that it will clear him in the court of public opinion. You know, just like OJ was. Tom it is not going to matter, you and your Patriot sycophants cannot see the forest for the trees.

  123. The thing that bothers me the most about DeflateGate is that those who defend Brady constantly refer to the Ideal Gas Law but fail to consider the fact that one of the supposedly best run franchises, managed by one of the supposedly best coaches of all time did not consider that the pressure in the ball would be affected by cold temperatures.

    Brady and Belichick played and coached in cold climates in the past correct?

    So what happened? Did they suddenly lose all common sense when they got to New England?

    The NFL is not some pick up game in the vacant lot down the street.

    For these cheaters to claim ignorance is beyond ridiculous.

  124. Name calling… What’s next? Deflecting by calling my team cheaters or attacking my credibility? That’s how debates go with Pats fans. Semantics is your argument lol.
    How about answering my simple question?
    Speaking for myself, if I was wrongfully accused of a crime I wouldn’t even contact a lawyer. I’d release bank statements, electronic data, DNA, phone records, or any other piece of information they asked for. But that’s just me, Pats fans would apparently do the opposite based on the thumbs downs.

  125. 6ball, normally I do not respond to posters who lower themselves by degrading other posters. It is beyond childish and I am pretty sure your parents raised you better but the emotions of this issue has caused you to lose sight of what you have been taught. Re-read this article, where does it say that one of the issues on appeal is that it simply wasn’t done? Look at what the issues are.

  126. whitetrash69 says:
    Jul 19, 2015 6:02 PM
    Brady lied when he said he didn’t know the ball boys. Think about it, he works directly with Pats players on a daily basis and was employed with the Pats for 20 some odd years. Also, a high profile athlete’s cell phone number was in the ball boys contacts list and in the recent calls section. People like Brady wouldn’t give out his phone number to just anyone, especially someone he claims to not know. Its basic logic and reasoning.

    Wrong again, trash boy. Read below.

    portnoychunk says:
    Jul 19, 2015 7:01 PM
    You haters keep confusing your “facts”. The ballboys number wasn’t in Brady’s phone, it was the equipment manager – 2 different dudes. Brady was in contact with the equipment manager who in turn would tell the ballboy how to get the balls right. If you mouth breathers can’t even read, taking your arguments seriously becomes kind of difficult. It’s honestly like debating with a classroom of 5 year olds.

  127. I did not have sexual relations with that woman.

    Such absolute denials in the face of evidence always point to guilt.

    But in this case, we also have damning text messages from equipment guys phones, and thats scratching the surface.

    I’d say its pretty likely Goodell says Brady’s refusal to turn over the cell phone / records while proclaiming his innocence wasn’t cooperation as called for under the CBA. I would guess a judge who’s impartial would agree.

  128. Brady’s suspension should stand at 4 games and the DeflateGate investigation expanded to include obtaining answers to the question of what exactly happened to all the souvenirs and “game balls” he inscribed, autographed and gave to Jastremski and McNally to (in Brady’s own words) “help them out”.

    If Brady wants to pursue legal action, that is his decision to make. If that is the case, then everything connected to DeflateGate should be on the table as well. Also, he should be placed on the Commissioners Exempt list pending the outcome of the court case just like everybody else.

    I know Patriot fans will give this post an immediate thumbs down. However, there is something to this considering these souvenirs were provided by Brady multiple times over a number of years by his own admission.

    The reality of legal action could, in the end, be worse than a 4 game suspension.

    Depending on if the souvenirs were indeed sold, how they were represented when sold and if the income was reported, Brady could be involved with both tax evasion and fraud.

    McNally, Jastremski , Brady and the Patriots need to address these questions since it was Brady himself who made the “help them out” statement.

  129. .
    @limakeys

    I’m not degrading you. I’m calling you a prevaricator (a liar). Reread your own post. You said :

    ” Brady is basically conceding to the Wells Report on the balls”

    I asked you to post a link supporting your position, but as usual, you’re unable to provide one. Hence, we can all assume that you are posting falsehoods for the benefit of Goodell, Wells, Vincent, Kensil, Pash, Henderson, Gardi, Blandino, Grigson, Harbaugh, Pagano, Grigson, Mortenson, and Kravitz.
    .

  130. thesteelhurtin says:
    Jul 19, 2015 2:27 PM
    HE DIDN’T COOPERATE THERES NO DENYING THAT OR ARGUING THAT! CONDUCT DETERMENTAL TO THE LEAGUE IS AT THE LEAGUES DISCRETION!

    ______________________________________

    Yeah and Brady didn’t go to the White House. Let’s add another four games.

    And he doesn’t appear in as many TV ads as Manning does. Hell let’s just kick him out of the league right now.

    The steel, you say he didn’t cooperate and there’s no arguing that. Well read the Wells report and you will find you will have to argue with Wells himself on that point.

    Brady is innocent. It will be shown in court.

  131. A rule of deflating a ball past its measurement was broken. Aron Rodgers never broke any rule because inflating footballs past the norm isn’t a violation.

    It’s clear Brady broke a detailed rule in the NFL rule book and should be suspended. Rules are Rules.

  132. Its semantics, I used the word ball boys oooops! I didn’t know their job titles so I used ball boys and your argument is because I didn’t differentiate between job titles.
    Okay, now answer my question.

  133. limakey says:
    Jul 19, 2015 3:47 PM
    Imodan, so when Brady submitted two under inflated balls in the AFCCG, this is admitted cheating by Brady? If you are saying Rogers is cheating by trying to sneak over inflated balls by the refs, then clearing you are saying Brady is cheating when he submits under inflated balls.

    ______________________________________
    Limakey,
    Get it right. Brady didn’t submit any balls, under inflated or otherwise, in any game. Neither did Rogers. But Rogers admits to asking his ball boys to sneak over inflated balls into the game. Brady has ball boys give the officials a copy of the rule book.

    Who cheated? Neither. Its the official’s responsibility to ensure the footballs meet game requirements. If they don’t do their job, you can’t accuse Rogers of cheating. And you certainly cannot accuse Brady of cheating.

  134. There are so many layers to this onion I don’t know where to begin.

    I can’t believe the number of fans from teams that Rodger has hosed over the years suddenly think he got this one right.

    Years ago Steelers fans were going crazy after every fine James Harrison got. I will leave the Big Ben saga alone

    Now you guys think he’s making good decisions? Saints fans, Vikings fans and even Ravens fans are siding with Rodger. How could you?

    Goodell’s bungling of Ray Rice’s situation cost him his career. The man has no idea how to hand out fines and suspensions

    After all this hype and bluster about air pressure, I wonder if the NFL will make ” a point of emphasis” , remember that phrase from last offseason , to inspect ball before during and after games.

    If they don’t then this was all a waste. They never cared before so why now.

    And if they do, and league wide fumble numbers go up, what then?
    Can we assume everyone was deflating?

  135. I don’t have a dog in this fight as an Az Cards fan the one thing I see that doesn’t get brought up much is that the Vikings from what I read were caught tampering with game balls and all they got was a letter that basically said don’t do that anymore. I could care less what happens to Brady or the pats but that seems incredibly biased by the league. I mean one team gets caught and they get smacked an the nose with a rolled up newspaper but the pats get caught and the league fines them a million plus draft picks and suspends Brady? That should get it thrown out right there in my opinion.

  136. Rootpain, Brady did in fact, selected two balls that were under inflated in the AFCCG. Walt Anderson said this. And I agree with you, that any ball submitted either over or under the limits, it’s on the ref’s to catch. However, I was responding to a poster who claimed Rogers was cheating by doing this and the NFL did nothing about it. If he says it about Rogers, he has to say it about Brady.

  137. whitetrash69 says:
    Jul 19, 2015 6:02 PM
    Brady lied when he said he didn’t know the ball boys. Think about it, he works directly with Pats players on a daily basis and was employed with the Pats for 20 some odd years. Also, a high profile athlete’s cell phone number was in the ball boys contacts list and in the recent calls section. People like Brady wouldn’t give out his phone number to just anyone, especially someone he claims to not know. Its basic logic and reasoning.

    ————————————————
    You fail at basic logic & reasoning.
    1) Brady did not deny knowing Jastremski- JJ was the equipment manager and Brady knew him well.
    2) McNally was a game-day employee- i.e., he typically worked only 8-10 days per year (depending on playoff games)- no reason for Brady to know him very well at all or to know who he was on more than a very casual basis.

  138. And Rootpain, I want to thank you and a few other posters who I frustrate the hell out of, for always keeping it classy. Never resorting to name calling or saying stuff like ‘everyone knows’. I sincerely thank you and a few others for being as pissed as hell but keeping it classy.

  139. Bonds*, Brady*, McGwire*, Armstrong*

    Bonds* McGwire* Armstrong*

    *Used PEDS

    Brady*
    * 3 time Super Bowl MVP, 2 time league MVP, 4 time Super Bowl champion, winningest postseason QB in the history of pro football, and intelligent football fans consider him the greatest QB in the history of football

    🙂

    #FactsAreFacts
    #TruthIsTruth
    #PatriotHaterCantHandleTheTruth

  140. Okay, McNally was the ball boy and Pats fans are correct he didn’t deny know the other guy (equipment manager) I was wrong.
    But….McNally did say “Tom sucks” and “Next time he was going to make his ball a balloon” in a text exchange with the equipment manager.
    Based on that he must have known Brady to not like him. And if didn’t know Tom why on earth would he dislike him and sabatoge the game balls by making them “Balloons”?
    I was wrong with my original post, I mixed up job titles and names, and posted a false comment. My bad.

  141. Topper, I believe that game in Minnesota is one Brady is going use as an example. At least that has been reported. However, if you look at the circumstances, they can’t really be compared.

  142. Wrong again, trash boy. Read below.

    portnoychunk says:
    Jul 19, 2015 7:01 PM
    You haters keep confusing your “facts”. The ballboys number wasn’t in Brady’s phone, it was the equipment manager – 2 different dudes. Brady was in contact with the equipment manager who in turn would tell the ballboy how to get the balls right. If you mouth breathers can’t even read, taking your arguments seriously becomes kind of difficult. It’s honestly like debating with a classroom of 5 year olds.

    3 2
    Report comment

    Brady said he didn’t know McNally and never had contact with him.

  143. Iknowitall says:
    Jul 19, 2015 5:52 PM
    Rootpain and Deweygroup……..

    You both have way too much time on your hands.

    The ‘Pretend To Be A Lawyer’ group is alive and well I see, with 2 full members.
    _______________________________________

    Hey Iknowitall,
    Thanks for your very informative feedback.

    I thought that I would pass along a tip I frequently use that you may find relevant. When I notice a post that I think I won’t be interested in, I just don’t read it. It actually just takes a second or two using the down arrow to get past the entire comment. Even faster if you use the scroll bar.

    Why don’t you try it using this post of mine. You may feel less frustrated afterwards.

    Have an enjoyable day.

  144. I love the way people come and say if i was accused of something i didn`t do “i would scream from the top of the mountain” and “fight it all the way” but when someone they don`t like gets accused of something that they have absolutely no idea whether he did it or not but just how they interpret what someone else`s reporting and who the decide to believe says they are innocent and fights it the same people scream “take it like a man”. When did being a hypocrite become so manly?

  145. @ limakey
    Why are you here? Why do you post incessantly about this topic?
    I am a lifelong Patriots fan and do have a dog in this fight. I want to see Brady exonerated.
    Who is your team? What is your beef? You are here night and day, day and night, 24/7/365, and I’d like to know why.
    Just answer the question please…..why are you here?

    Thanks!

  146. pskotte says:
    Jul 19, 2015 12:11 PM
    Why does everything have go to court? This has gone on long enough. Own your mistake and just take it like a man, Brady.

    ———-

    If you believe you didn’t do anything wrong and you take it to court to defend your innocence then that is being a man. That’s what Brady is doing. It doesn’t seem to matter to him whether NFL fans believe him or not.

  147. This isn’t just about Brady and NE, it’s about Goodell and his corrupt use of power. I hope the NFLPA exposes Roger for his unethical abuse of the his role.

  148. somepeopleneedtogetalife says:
    Jul 19, 2015 7:56 PM

    I can’t believe the number of fans from teams that Rodger has hosed over the years suddenly think he got this one right.

    Years ago Steelers fans were going crazy after every fine James Harrison got. I will leave the Big Ben saga alone.
    ———————————————-

    So if Brady’s punishment does hold up, at least you can have the satisfaction of knowing that there are other players who got “hosed” a lot worse than he did.

    Harrison did nothing wrong except play the game the way any true fan wants to see it played.
    Thanks to Roger’s targeting of James, players are now hitting a lot lower than ever, and there’ll be more knee injuries than ever.

    As for Roethlisberger, the guy was never even charged with as much as jaywalking. I assume your use of the phrase “I will leave the saga alone” means you know how ridiculous it was to dole out 6 games for doing nothing. Goodell basically had to come up with some vague “conduct policy” garbage to explain why he did what he did.

    So look — your boy ends up serving his time, he’s in good company.

  149. number4020115 says:
    Jul 19, 2015 10:00 PM
    @ limakey
    Why are you here? Why do you post incessantly about this topic?
    I am a lifelong Patriots fan and do have a dog in this fight. I want to see Brady exonerated.
    Who is your team? What is your beef? You are here night and day, day and night, 24/7/365, and I’d like to know why.
    Just answer the question please…..why are you here?

    Thanks!
    ______________________________________
    Hey number,
    Good question. I happen to appreciate limakey’s posts because most of them make me rethink my position about certain things. And each time, it has resulted in me strengthening my initial position.

    But recently, I have noticed a softening of Limakey’s position on Brady. I actually believe that he may come around completely and become a Brady supporter and a Patriots fan. I think that would be good for Limakey because he would certainly have more to cheer for than any other team he may currently be supporting.

    Its not too late Limakey.

  150. How about answering my simple question?
    Speaking for myself, if I was wrongfully accused of a crime I wouldn’t even contact a lawyer. I’d release bank statements, electronic data, DNA, phone records, or any other piece of information they asked for. But that’s just me, Pats fans would apparently do the opposite based on the thumbs downs.
    ——————————————————–
    You would not even retain a lawyer if you were falsely accused of a crime??? Seriously???

    Even accepting that rather absurd stance your analogy is flawed. If police falsely accuse you of a crime and you have exonerating evidence on your phone you probably share it. If the police ask for your phone it might be an ok idea to share it but understand also that they need a warrant to look at your phone against your will and it is illegal for them to hold it against you if you insist on the warrant. This issue is not about police and crimes. If your boss calls you into his office and wrongly accuses you of breaking company rules and then demands access to your personal phone you have a number of options. I guess you would bend over and give it to him. Or, you can tell him to get bent. If you get fired you have a wrongful termination suit you can file. At the end of the day your boss does not get access to your phone unless you want him to and the law is ultimately on your side. You can appease your boss. In some situations maybe that would be worthwhile. I would certainly think twice myself before just handing my phone over. Assumption of guilt in this matter is just that: assumption.

  151. Pats fans think there is a legal standard of beyond a reasonable doubt. That the NFL needs a smoking gun to prove it in order to suspend a player.

    As usual, they are wrong.

    The burden of proof is “more likely than not” That’s a far cry from needing hard evidence.

    Here’s how the trial goes.

    Judge reviews the texts of the ball boys. Then finds against Brady because only a moron thinks it;s not more likely than not that Brady directed ball boys to deflate the balls below the standard.

  152. flaccotoboldin says:
    Jul 19, 2015 7:24 PM
    I did not have sexual relations with that woman.

    Such absolute denials in the face of evidence always point to guilt.

    But in this case, we also have damning text messages from equipment guys phones, and thats scratching the surface.

    I’d say its pretty likely Goodell says Brady’s refusal to turn over the cell phone / records while proclaiming his innocence wasn’t cooperation as called for under the CBA. I would guess a judge who’s impartial would agree.

    ——–

    No they wouldn’t! An impartial judge will be checking to see if Brady reasonably cooperated, which he did. There’s no requirement to turn over personal cell phone records.

  153. So look — your boy ends up serving his time, he’s in good company.
    ———————————————————–
    I never had a problem with Harrison. I think the Saints got hosed. I think the corrupt underbelly of the NFL offices are being exposed through the Deflategate mess. What all of this has in common is that everything Roger Goodell touches turns to doggie poo. No amount of wrongs ever makes a right and we can’t undo the damage he has done to the league. The man must be removed while the NFL has a shred of dignity remaining.

  154. Numbers, I am here because of my love of the game of football and to honor my father who taught me to truly appreciate the games and the rare players that come along. That is why I am here. Not as a hater but someone who truly loves the game. And I am a die hard Bills fan. Love them regardless if they win or lose. And I know, Bills really stand for Boy I Love Losing Superbowls. And I suspect, even if Brady is not exhorated, you will still love the Pats

  155. alfredogarciashead says:
    Jul 19, 2015 7:11 PM
    Foolish Brady thinking just because he may win a lawsuit that it will clear him in the court of public opinion. You know, just like OJ was. Tom it is not going to matter, you and your Patriot sycophants cannot see the forest for the trees.

    ———–

    Good lord! OJ is a fricken murderer!

    This will be log forgotten soon after it’s over. It’s nothing! It’s so far from criminal that it’s less criminal than a parking ticket. You can remember if you want, but no one else will care pretty soon.

  156. hwksnut says:
    Jul 19, 2015 12:19 PM
    Brady and the Pats need to stop the insanity. Nothing speaks louder than someone who proclaims total innocence In the face of obvious evidence to the contrary. Take your punishment like a man, Brady!

    ———-

    If you are innocent in that situation, what are you supposed to do? Agree you are guilty? You already 100% believe he is guilty even though the Wells report even said it was 51%. Be reasonable and at least acknowledge that there is a pretty good chance Brady wasn’t involved which means he is reacting the way any person should.

  157. This arrogant, cheating, liar will get smashed in court and he knows it. He is clinging on to his deceitful denials by hiding information that can be obtained from his phone.
    Once this gets to court his little games of hide and go seek will be over. The courts will take his phone and open it up for all to see. Then it will be too late to say I’m sorry. Goodell should increase his ban to a full season for lack of remorse and being a complete scumbag.

  158. OK limakey, fair enough. Thanks for the response, and I really like your five word explanation of what BILLS stands for.
    I don’t agree with most of your posts however, and we shall see how this plays out soon (hopefully).
    I hope we do agree that the commish is a buffoon and is not good for the game we both love.

  159. So ampatsisahypocrite you think Ben and Harrison were railroaded but Brady is guilty of all crimes?

    That was the point of my post. Let me put it another way. What was your opinion of Goodell when he was fining Harrison and banning Ben?

    I’ll assume you thought he was a powermad dictator out to get the Steelers.

    Fast forward to present day. Are you now a Rodger supporter because he is using the same flawed approach on Brady that he used on Ben?

    How can you justify that stance? I guess the best way to say it is : Goodell is terrible at his job and you of all people should know that.

  160. Maybe you’re hiding all the asterisks under your beds at home? You can take them out for show and tell when your friends come over, I guess.

  161. jasonculhane……the rule says that the psi must be between 12.5 and 13.5. deflating below 12.5 OR inflating above 13.5 (as Rodgers attempted and probably succeeded in doing) are both illegal.

  162. Mike Florio,
    Class Action suit? Pats fans sue the commissioner and his minions in the league office for corruption?

  163. For all these people who say Brady should give up his personal phone. I am a believer in privacy rights and no matter what he should not give up his phone for this reason alone. Its the same thing when a police officer pulls you over and asks to search your car without suspicion. It doesn’t matter if you have nothing to hide but it’s an overreach of power. I don’t understand why people don’t get that. I’m not sharing my personal information with anybody and I have nothing to hide.

  164. “5. PV=nRT, is the ideal gas law. The key word is “ideal or ideal circumstances.”

    So you’re saying the gas law doesn’t hold true on cold and rainy days?

    I’m guessing you didn’t get an “A” in chemistry in high school.

  165. Go to court. A couple of lbs. Of air in a football and lawyers get to call whoever they want, past players and coach’s along with anyone who left New England on bad terms. Anyone remember Mangenius? They can all spill about how many ways the Pats cheated over the last 15 years. Bring the ball boys in along with any former equipment guys. Oh ya….I think this team is gonna have a loooooong season.

  166. ‘jasonculhane……the rule says that the psi must be between 12.5 and 13.5. deflating below 12.5 OR inflating above 13.5 (as Rodgers attempted and probably succeeded in doing) are both illegal.’

    Actually, the rules say that the refs must ensure that the balls be in that range when they are sent to the field. They are not required to stay in that range. Indeed, on cold days, teams are prohibited from taking steps to ensure that they stay in that range.

    What the rules really say is that the balls have to be at a pressure between 12.5 psi and 13.5 psi at room temperature. And that means that they should be lower pressure at lower temperatures. So the Pats’ balls were, in fact, at the right pressures when they were tested.

    Then the officials, who didn’t know about balls losing pressure at cold temperatures, were ordered to add more air to the balls. That’s why the balls were over-inflated when they were tested at the end of the game.

    People who are certain that the Pats cheated really need to think about how their footballs went from 13.0 psi at halftime to over 13.5 psi when tested at the end of the game.

    People who paid attention during high school chemistry know why.

  167. “Once this gets to court his little games of hide and go seek will be over. The courts will take his phone and open it up for all to see”

    It’s not a coincidence that the people who don’t understand the Wells report and the rebuttal also don’t understand the legal process.

    A Brady appeal doesn’t open the door to the NFL making further violations of Brady’s privacy. Appeals are made on the way the rules were adjudicated. The US Court doesn’t simply re-hear the original case.

    What might happen is the court could instruct the NFL to appoint a new arbitrator. That’s what they did in the Saints’ bounty-gate case. And that ended up with Paul Tagilabue throwing out the suspensions that Goodell had levied.

    Goodell has a long history of trying to look tough by arbitrarily and capriciously levying excessive penalties. He does so in a manner that isn’t really respectful of his own league’s rule, or of generally accepted notions of justice like: You cannot punish a person twice for the same offence (Ray Rice), you cannot punish a person using rules written after the offense (Adrian Peterson) and punishments have to bear some relationship to prior penalties for the same offense (Greg Hardy).

    Two Patriots refused to hand over their phones to Ted Wells. One wasn’t punished. The other was suspended for 1/4 of the season. This kind of inconsistency is what continually gets Goodell in trouble.

  168. whitetrash69 says:
    Jul 19, 2015 8:41 PM
    Okay, McNally was the ball boy and Pats fans are correct he didn’t deny know the other guy (equipment manager) I was wrong.
    But….McNally did say “Tom sucks” and “Next time he was going to make his ball a balloon” in a text exchange with the equipment manager.
    Based on that he must have known Brady to not like him. And if didn’t know Tom why on earth would he dislike him and sabatoge the game balls by making them “Balloons”?
    I was wrong with my original post, I mixed up job titles and names, and posted a false comment. My bad.

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

    I don’t know if he thought Brady did not like him. Neither do you. Only McNally knows what he thought.
    What we do know is that Brady chewed out JJ and McNally because the balls in the Jets game were over-inflated.
    Maybe McNally was just reacting to getting yelled at by letting of some steam of his own.
    We also know that apparently Brady thought McNally’s name was “Burt” (not too far from his actual nickname of “Bird” by which he was known in the locker room).
    There are just too many assumptions being made to string together tiny fragments of information in order to build a case against Brady.
    Occam’s razor essentially states that if there are multiple possible explanations for an occurrence, the simplest explanation is most probably the correct one.
    In this case, the simplest possible explanation, requiring no manual intervention and complicated plots and scheming is that the balls naturally lost pressure due to the 20+ degree temperature difference between the locker room and the field of play.
    Also, since the various gauges gave wildly different readings when measuring pressure, there is enough doubt in the accuracy of the pressure readings recorded on the day.
    Not to mention that a single gauge used by the Colts ballboy gave three significantly different readings for the same ball.

  169. Give your personal phone to the NFL that leaks everything that comes in? No. Don’t get me wrong, I’d like to see the nude Gisele pics on it but you have to be crazy to give ANYTHING to the NFL hq or the NY Jets retirement home as it really is.

  170. The first comment for this article summarizes one line of fan thinking: “Own your mistake and just take it like a man”

    I hope you teach your kids that same mentality, in other words, irregardless of whether you say your innocent, if a group of loudmouths say your guilty, just admit it and take whatever punishment they deem reasonable.

  171. Making it to the NFL as a player is a longshot at best. My numbers may be off a little but I figure only the top 1% of football players even have a chance of getting into the league much less staying in it.

    Common sense would also say that becoming an equipment manager in the NFL would be equally difficult.

    That being said, and assuming only the best of the best equipment managers make it to the NFL level, wouldn’t that mean they would know all about the Ideal Gas Law? Maybe not the exact science behind it but they would know enough that they should be aware the football would lose pressure once it got cold?

    Seriously… this excuse that the Patriots didn’t know or weren’t aware that a football filled in a warm environment would lose air pressure when subjected to a cold environment is downright laughable.

    Even a child knows that the ball they used in their backyard football games would need a little air added to it during the winter months.

  172. I hope the Patriots crank up the temperature in the officials’ locker room to say, 90 degrees this year.

  173. I think the funniest part of all of this is all the Seahawks/AFC East fans that continually post on these boards.

    Does bashing the Pats make that Superbowl Loss/15 years of humiliation go away?

    Have fun with the season ladies!

  174. Goodell got what he wanted. Fans have hated him and wanted him gone but by going after the Patriot’s, all is forgotten. Fans of the teams that can’t beat them on the field and act so self righteous about their teams have forgiven Roger. Haters still think the Mortenson report was factual and think a nickname of a guy is enough to convict him. He had the greatest Super Bowl comeback in history with properly inflated balls but the PED led Seahawks fan come here to throw stones. I hope you are all happy that Goodell is now safe because of your ignorance. When he comes and nails your team, don’t whine because you got what you wanted. Click on my name if you dare.

  175. whitetrash69 says:
    Jul 19, 2015 12:22 PM
    Why does Brady think he’s bigger than the rules, NFL, or CBA? He needs to wake up and check his out of control ego.
    Also, regardless of the outcome in court it’s not going to change public perception.
    ======
    Brady thinks he is innocent. Given the farce of what you call evidence, anyone would be up in arms about such a railroad job.

    As for public opinion…the public as a mass is ignorant. Who cares what they think?

  176. This could have all been stopped during the lead up to the Super Bowl if the NFL had come out and said that the leaks circulating through the media were not true, and if the NFL had said that Chris Mortensen’s 11 out of 12 footballs were 2psi below regulation report was untrue all of this would have probably just gone away…

  177. The NFL could have stopped this by admitting that leaks coming from the NFL Offices were not true, and Chris Mortensen’s 11 out of 12 footballs were 2psi below minimum league requirements story was also not true.

  178. cornerstone2001 says:
    Jul 19, 2015 2:03 PM
    Tell me Pats fans. Why did the “ball boys” get fired and paid a most likely large sum of money to keep quiet?
    ========
    Tell me troll, how much did they get paid? Oh, you don’t know if they really did? Guess that makes the rest of your speculation worthless too.

  179. thesteelhurtin says:
    Jul 19, 2015 2:27 PM
    HE DIDN’T COOPERATE THERES NO DENYING THAT OR ARGUING THAT!
    =====
    Caps didn’t help your case here, even Wells said Brady cooperated.

  180. limakey says:
    Jul 19, 2015 2:33 PM
    But Brady has no choice but to accept the Wells Report that the balls were deflated by illegal means.
    =======
    limakey you just keep on making stuff up. Why not actually do a bit of reading. If fact if you had actually read this article instead of jumping right into your Pats bashing troll posting you would see that one of the points Brady and his team intend to make is:
    Ted Wells used sub-par and unproven standards for determining that deflation of footballs occurred not naturally but through tampering.

    Everyone knows you are a Pats hater. No you are making yourself out to be a liar as well.

  181. .
    @denverdude

    Lol…. . You’re up posting about the qualifications of various equipment managers at 7am eastern time, which is 5am mountain time? What were you doing 40 minutes earlier!?

    Did the equipment managers all attend the University of Area 51?
    .

  182. Brady voted for the current CBA. He’s getting exactly what he voted for. Good job Pats and you other 29 clubs not named the Pittsburgh Steelers who did not vote for this nonsense.

  183. limakey says:
    Jul 19, 2015 4:10 PM
    what Brady did is simply disgraceful.
    =======
    Yes very disgraceful. How dare he be in 9 AFCCG in 13 seasons, and the playoffs and in the playoffs 12 out of 13 seasons? Given that the goal of the season is to get to the super bowl and Brady put his team in position to go all but 4 of those seasons — utterly disgraceful.

  184. denverdude7 says:
    Jul 20, 2015 7:00 AM

    Even a child knows that the ball they used in their backyard football games would need a little air added to it during the winter months.

    ———-

    Good point. Walt Anderson said he checked the balls before the game and Patriots balls were at or were inflated to 12.5 Psi.

    Since even a child would know a ball needs more air in cold weather, how do you explain the NFL execs lack of understanding that halftime pressure would be less than 12.5, then leaking a bogus ’11 of 12 footballs’ story to Mort, since they should have fully understood that none of it would add up in the end?

    Either they:

    A. were less informed than child would be

    or

    B. thought they were above being questioned

  185. limakey says:
    Jul 19, 2015 5:14 PM
    JM was told by Tom, personally, to tell the ref what air pressure he liked the ball. Think that was when he was told to bring a copy of the rule and make sure the ref read it
    ========
    Exactly where did you get the information that JM was told personally by Tom to tell the ref what air pressure he liked the ball at? Page 7 item 2 of the Wells report states:
    “Mcnally told the referee, Walt Anderson, that Tom Brady, the Patriots quarterback, wanted the game balls at 12.5 psi.”

    It doesn’t mention that McNally got that information directly from Tom (but it does sure tell you that the request from Brady was 12.5 psi – not some illegal value). Given the way most of the information was routed to JM it is far more likely that the 12.5 psi info was passed on to him from JJ.

    Lie on limakey, lie on.

  186. Those worthless $600.00 an hour lawyers just love this stuff. It’s formally called perverting justice. If you are guilty as hell, but very rich, hire one of these legal crooks to get you off.

  187. whitetrash69 says:
    Jul 19, 2015 5:57 PM
    Question for Pats fans.
    If you were wrongfully accused of a crime would you lie to the police and refuse to give them access to information that would eliminate you as a suspect?
    ======
    I believe if you blindly trust any legal system with your freedom you are a fool. In the case that police thought I was guilty of something, I would require a warrant and a lawyer.

    I would have my lawyer present for any kind of information. But if my lawyer instructed me to do so, I would give up my phone. And most people (including I bet Tom Brady would too).

    That is …the police. With a warrant.

    The NFL is not the …police. They are an employer. And no, I would never give my personal phone to my employer. Ever. They have no right to it. My business phone…depends.

    I have been operating under that philosophy since I started carrying a cell phone. Other phone records I wouldn’t give to my employer include my home phone, my personal computer, my tablet….or anything else that is personal.

  188. hwksnut says:
    Jul 19, 2015 12:19 PM
    Brady and the Pats need to stop the insanity. Nothing speaks louder than someone who proclaims total innocence In the face of obvious evidence to the contrary. Take your punishment like a man, Brady!

    _________________________________

    Obviously someone doesn’t understand the facts here. There is no “obvious evidence” anywhere, in fact quite the opposite. Just keep this in mind, Brady beat your Seahawks so called best defense in the league with balls watch under the highest level of security. Shredded that defense in the 4th quarter.

  189. Brady’s star witness will be a 8th Grade Science Student.

    Footballs inflated in an Air Conditioned Room, let’s say 68 degrees, and the games could be in Miami, Phoenix, San Diego, Tampa Bay or Houston with outdoor temperature around 90 degrees, added to that the footballs BAKING in the Sun could raise their temperature close to 100 degrees. PSI of those footballs at Half Time would be well over 13.5 psi. Possibly as high as 16.0 psi.
    These results would further the embarrassment of Goodell & the NFL.

    It would also solidify Brady’s innocence by highlighting two Monumental Facts:
    #1.) No Evidence of Deliberate Rule 17 violation
    #2.) Ideal Gas Law ( Weather = Wind Rain Cold Heat ) CONTROLS the fluctuation of psi levels of footballs during any given NFL football game. Sometimes causing Deflation below 12.5 psi and other times causing Inflation above 13.5 psi.

  190. Here’s where this article goes off the rails. It talks about needing to strike a balance and to be fair to the fans if the other 31 teams. These fans do not necessarily even believe Brady did anything wrong. Even the most vocal critics crying for blood just want to believe he’s guilty or want you to believe he’s guilty. It’s all unctuous outrage. The NFL is a soap opera for men. And it’s a religion. Let’s be fair to the truth first.

  191. Regardless of Brady’s innocence or guilt I don’t know a single lawyer, and I know family of them, outside of Mr. Wells that thinks the report actually creates the preponderance of evidence it claims to. All the report proves is Wells did exactly what he was instructed to do, “prove” guilt by any means possible.

  192. AND

    #3.) Unethical, Un-Professional, Un-Scientific recordings of PSI in footballs before, during and after games = IRRESPONSIBLE NFL Oversight/Leadership/Integrity

  193. @46namred, I concur. All of my legal colleagues, even rabid fans of other teams, think paying a lawyer, who is allegedly independent, so much to write a highly qualified report, with flawed methodology and arbitrary assumptions based on a predetermined result, to back into a “more likely than not” “generally aware” is an embarrassment to a profession that is already not very highly regarded.

    And Goodell’s lack of judgement to make himself arbiter? I understand it is allowed under the CBA, but it is a terrible optical and legal misstep. I wonder if he realized they blew it, was backed into a corner,] and wanted to make it easier for the courts to fix it?

  194. Can I ask why all Pats fans want to talk about is that Brady didn’t deflate footba;;s and not the other part of his suspension that no matter what the courts can’t throw out. Under the CBA conduct determental to the league is completely up to Goodell. The NFLPA signed the deal and signed their own fate. So yes you can pick apart the wells report all you like but it doesn’t change the fact that Brady didn’t FULLY cooperate during the investigation. I’m not a legal analyst by any means but my understanding is that since the NFLPA accepted the terms of the CBA a judge can’t overturn conduct detremental to the league even if he wanted to because of the wording of the CBA giving Goodell total power when it comes to that. So yes the report might be off and the courts might be able to remove a game or two but the way the suspension is wrote out focusing more on the conduct rather then the deflation of footballs I don’t think that will happen either. Also everyone sayng that Brady will have to produce his phone now is wrong. The courts are going to look the information on hand and that’s it there will be no new evidence added. Now if Brady decides to actually sue the NFL then new evidence can be added but there is a reason Brady didn’t want to give up his phone. All players know that you have to fully cooperate with an ongoing investagtion or face suspension so what is on that phone that Brady would risk being suspended to hide?

  195. Can I ask why all Pats fans want to talk about is that Brady didn’t deflate footba;;s and not the other part of his suspension that no matter what the courts can’t throw out. Under the CBA conduct determental to the league is completely up to Goodell.
    =============================

    are you serious??

    in this part of the country there is a tradition of trying to throw out despots, perhaps you have heard of the “shot heard around the world”?

    we tried to help you folks in the backwoods by sending you Ben Franklin, apparently philly is to far from Pittsburgh.

    why in the world are you so accepting of a guy who thinks he can decide which team he can screwover next?

    so yes, we take umbrage at this four game suspension and the defamation associated with the name of Brady.

    we will post as appropriate and defend where allowed until this wrong is righted.

    and you should too, before he comes after your team.

  196. thesteelhurtin, he didn’t hand over his phone probably on the advice of counsel. They have no right to it and the precedent for noncompliance (Farve), is a $50k fine. Given that the NFL is leakier than a sieve, and he doesn’t need the money, I’d take the fine.

    The court would overturn it for just that reason – the precedent was set at a $50k fine, so Goodell’s extreme punishment is “arbitrary and capricious”, which is basically the only basis for a court overturning an arbiter’s ruling.

  197. @ thesteelhurtin

    Favre got a $50k fine for not turning over his phone. Gostkowski got no punishment at all. Brady gets 4 games? That does not equal consistent punishment, which IS what a judge would look at.

  198. All players know that you have to fully cooperate with an ongoing investagtion or face suspension so what is on that phone that Brady would risk being suspended to hide?
    ===================================

    ask that question to Kensil and the other NFL idiots who said before the game, we got you guys…

    you think they want their phones subpoenaed?

  199. The Wells report is readily available to anyone who wants to read it. I know I have. I was unable to find a single sentence in the report that shows that Tom Brady “more probably than not” had anything to do with the deflating of footballs below the legally allowed limit.

    In fact, there is a text message in the Wells report from one of the equipment managers that specifically states that Brady wanted the footballs set at 12.5 PSI, within the legal limit. This statement exonerates Brady rather than convicts him.

    So, to everyone on this thread proclaiming that Brady “obviously” cheated, my challenge to you is this. Please cut and paste the text from the Wells report, which, in your mind, proves that Brady did something illegal. Because I see a lot of accusations and not a single shred of evidence.

  200. Farve was under the old CBA which was a whole different set of guidlines. I’m sure nobody wants anyone going through their phone but he was given the chance for his lawyer to go through his phone and provide messages that had key words in them. Also they feel he lied to them through the whole thing and was not candid about it. I beg the question about Gotz not getting in any trouble in a different thread. Under the new CBA conduct detremental to the league is all up to Goodell. @Bostontparty no need for the attacks and when did I ever say I agreed with one man having all that power. I’m still proud of the Steelers players for not signing that bogus CBA. Everyone thought it wsas because they hated Goodell and were tired of getting suspended and fined for playing real football but what it all came down to was they didn’t want Goodel having all that power but none of the other teams would listen to them. The NFLPA signed off on the CBA not me. They are the ones that agreed to give goodell total control to punish who he wants, how he wants, and when he wants. Your boy Brady was a big piece of pushing players to sign the CBA. The court has zero say in conduct detremental to the league because of the CBA that has been agreed upon. If you sign a contract which the CBA is you have no choice but to go by what is in that contract. That’s like if you sign a contract with a computer firm that you will not work on any projects outside of work or you won’t leave and immediatly start your own company what do you think is going to happen if you break that contract. If they didn’t want goodell to have total power they should have never signed the CBA but they did and now have to live by it and that is what the courts will say.

  201. Can I ask why all Pats fans want to talk about is that Brady didn’t deflate footba;;s

    Ultimately, isn’t this what the whole thing is about? The focus should be on that and not on whether he cooperated or provided his phone. If the balls weren’t deflated, or it cannot be proven they were intentionally deflated, everything else doesn’t really matter.

    In addition, if you are saying it does, then the penalty for not cooperating is way too much based on prior penalties to other players. You cannot tell me that the penalty Brady got was tied solely to non-cooperation if Gostokowski got nothing and Favre got 50K

  202. thesteelhurtin says:
    Jul 20, 2015 1:06 PM

    Farve was under the old CBA which was a whole different set of guidlines

    ——–

    And what about Gostkowski…..or is it okay to pick and choose the points that favor your argument and for those that don’t, well they don’t count? Because that is what you are doing.

    Also, what are the guidelines that are different, in the CBA, about punishment for failure to turn over your phone? Please share the differences with us.

  203. thesteelhurtin says:
    Jul 20, 2015 1:06 PM
    Farve was under the old CBA which was a whole different set of guidlines.

    __
    Stop making stuff up. yes, it was under the old CBA, but nothing in the new CBA changed the prescedent that was set in that case. And with Farvre, he was assused of sending an inappropriate text message. The phone was super relevant in that case. In this case, the phone is tangential at best (who says he didn’t have verbal discussions with Bevis and Butthead?

    there was zero upside for Brady to turn over that phone. Had he done so, he would now be accused of deleting texts by people like you. And the Wells report would have left out the fact that he turned over his phone completley (just like they ignored all of his comments from the interview).

    Why were there exactly zero quotes from Brady, JJ and the other guy in the Wells report? Could it be that all they did was confirm each others’ stories and that would make the case against Brady weaker in the public eye?

  204. If you sign a contract which the CBA is you have no choice but to go by what is in that contract. That’s like if you sign a contract with a computer firm that you will not work on any projects outside of work or you won’t leave and immediately start your own company what do you think is going to happen if you break that contract.
    =================================

    you seem smart enough to know that many NDA’s and terms in executed collective bargaining agreements have been thrown out in court. if one side is deemed to have coercive power in negotiations the courts will toss clauses.

    can you think of a more one sided labor/owner than the NFL?

    do not assume the CBA is cast in stone and not subject to kryptonite.

  205. IN March Brady said he didn’t know McNally’s name. He thought his name was “Burt” (everyone called him “Bird”, but Brady thought it was “burt”).

    And Wells managed to spin that into making it look like Brady lied about knowing McNally.

  206. somepeopleneedtogetalife says:
    Jul 19, 2015 10:46 PM
    So ampatsisahypocrite you think Ben and Harrison were railroaded but Brady is guilty of all crimes?

    That was the point of my post. Let me put it another way. What was your opinion of Goodell when he was fining Harrison and banning Ben?

    I’ll assume you thought he was a powermad dictator out to get the Steelers.

    Fast forward to present day. Are you now a Rodger supporter because he is using the same flawed approach on Brady that he used on Ben?
    —————————————————-

    Now that I answered your question (about your incorrect assumption that I “support” Goodell) would you mind answering one of mine?

    Rewind back to the Roethlisberger suspension. The fact is, Goodell admitted the accusations didn’t stick, but he went ahead and made up some vague “personal conduct that reflected poorly on the league” kind of garbage. (Which opens up a can of worms, as he’s saying you can be found guilty just for being accused, regardless of how unfounded the accusations are.)

    So, did you go around here wailing and moaning about THAT little injustice? Or how about the ridiculous punishment laid on Harrison? I’m sure you didn’t.

    So why are we all supposed to get all outraged and stuff when it’s YOUR guy in question? Is he special? Are you Pats fans special? Tell me why?

  207. OK let me try this again. The biggest difference in the Farve and Brady situation other then the CBA is that one was about private parts and the other is about allegedly conspiring to cheat. I’ve seen that some of my posts come off as defending Goodell which in no way am I doing. I can’t stand the man and what he has done to the league and the game as whole. I know the CBA can be challenged hell I’ve said before if I were the NFLPA I would threaten to strike if it wasn’t changed to take some of the ppower out of Goodells hands. I was sctratching my head when they signed it basically making Goodell Judge Dredd. I wish Brady, Bell, and BLount were all going to on the field. I didn’t understand why they would make this the first game of the season with so may suspensions looming. This has a chance to be a great game and I want to see what the Steelers new defense actually has and nothing against the kid but Garrapalo isn’t going to provide that. The new CBA compared to the old one gives Goodell the power to say whatever he wants is conduct detremental to the league and how to punish it. After Brady lead the charge to court during the lockout don’t you think Goodell was prepared for this and wasn’t going to get caught with his pants down.

  208. Regardless of whether Brady and the Patriots skate past cheating once again, public opinion will always be Brady cheated. That will far outlast the appeal.

  209. “thesteelhurtin says:
    Jul 20, 2015 2:54 PM
    OK let me try this again. The biggest difference in the Farve and Brady situation other then the CBA is that one was about private parts and the other is about allegedly conspiring to cheat.”

    The biggest difference is that Farvre undeniably sent an unwelcome text message, thereby making the text messages he sent highly relevant. That he sent the text was not in dispute. It was just a matter of how “offensive” the league found it.

    Brady on the other hand, is accused of probably knowing about an alleged wrongdoing by a guy who he barely knew (and called by the wrong name), which probably never happened in the first place and even if it did there is ZERO evidence that Brady knew about it, nevermind condoned it.

  210. First of all it’s physics laws that apply to pressures in a closed system and their variation with temperature, Not chemistry, so please spare everyone your lack of knowledge.
    Secondly all the Colts balls were at the correct psi and only the Pats balls were deflated. That’s a perfect control variable and exposes the deflation as a clear violation.
    Brady’s refusal to turn over evidence that would clear him clearly implies that he feels it would not be in his best interest to do so. Given the circumstances, that can only be interpreted as failure to cooperate and/or presumed guilt. Certainly makes him look guilty as heck.
    The text messages from “the deflator” are the clear cut evidence of his guilt. There can be no misunderstanding of his commplicity.
    Any court in the land will see the truth in this matter.
    Goodell should increase his suspension on appeal for his attempts at deception and a lack of remorse. He is a gutless coward that got caught cheating and is trying to lie his way out of it. He has no consideration for the game or the fans and what he continues to do to embarrass everyone.
    All he cares about is his reputation which is thoroughly ruined not only by the cheating but the attempts at deception and the lying. He is a perfect scumbag

  211. “bbbbwindows says:
    Jul 20, 2015 3:24 PM
    First of all it’s physics laws that apply to pressures in a closed system and their variation with temperature, Not chemistry, so please spare everyone your lack of knowledge.
    Secondly all the Colts balls were at the correct psi and only the Pats balls were deflated. That’s a perfect control variable and exposes the deflation as a clear violation.”


    WRONG! 3/4 of the Colts balls that were tested were below 12.5 PSI at halftime. But the league/Wells decided that didn’t matter for reasons only they know

  212. Secondly all the Colts balls were at the correct psi and only the Pats balls were deflated. That’s a perfect control variable and exposes the deflation as a clear violation.
    ===
    You don’t understand what a control is. Balls of different pressures cooled to an uncertain temperature and then measured at different points on the warming curve are not a control. You need to measure the T and P before you cool them. You need to measure the T and P after you’ve cooled them. If you’re going to measure them as they’re warming, you need to timer telling you when you measured each ball and you need to know the temperature of the room you are warming/measuring them in. The NFL had none of this. They had no control.

    You also don’t understand that the Colts balls were, in fact, below legal pressure on the correct gauge.

    You are summarily judged to be incompetent to comment on the subject and are banned

  213. bbbbwindows says:
    Jul 20, 2015 3:24 PM

    “The text messages from “the deflator” are the clear cut evidence of his guilt. There can be no misunderstanding of his commplicity.”


    You mean the one where he texted that Brady had instructed him to make sure that the balls were at 12.5 PSI (legal) and to make sure the refs had the rule books if there was any issue?

  214. “bbbbwindows says:

    Any court in the land will see the truth in this matter.”

    On this we agree. And Goodell agrees too. His “plan” once he realized how much he and his minions screwed up was to come down overly hard on the Pats/Brady and let the courts throw it out. This is the sad state of the leadership of the NFL

  215. Seriously… this excuse that the Patriots didn’t know or weren’t aware that a football filled in a warm environment would lose air pressure when subjected to a cold environment is downright laughable.

    Even a child knows that the ball they used in their backyard football games would need a little air added to it during the winter months.
    ————————————————————
    Who said the Pats did not know that balls deflated in cold weather? It is not the responsibility of any team to monitor air pressure in the footballs. In fact the rules expressly PROHIBIT them from doing so. In point of fact, the only indisputable rule violation that has occurred regarding tampering with footballs occurred on the Colts sideline when their ball boy stuck a needle in an intercepted ball to determine its pressure. That was a direct and deliberate violation of league rules, the only confirmed violation of rules, and should have been subjected to a 25k fine…If the NFL was unbiased and competent. More to your point, everybody knows that thousands of games have been played over the years with balls that warm up and exceed the mandated pressure or cool off and lose pressure. Nobody cared until now.

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