NFLPA calls Brady decision “outrageous”

In response to the decision upholding his four-game suspension, Tom Brady has spoken. Through his agent.

Brady also has spoken, sort of, through his union.

“The Commissioner’s ruling today did nothing to address the legal deficiencies of due process,” the NFL Players Association said in a statement. “The NFL remains stuck with the following facts.”

The statement then lists the following facts, with bullet points: (1) the NFL “had no policy that applied to players”; (2) the NFL “provided no notice of any such policy or potential discipline to players”; (3) the NFL “resorted to a nebulous standard of ‘general awareness’ to predicate a legally unjustified punishment; (4) the NFL “had no procedures in place until two days ago to test air pressure in footballs”; and (5) the NFL “violated the plain meaning” of the Collective Bargaining Agreement.

“The fact that the NFL would resort to basing a suspension on a smoke screen of irrelevant text messages instead of admitting that they have all of the phone records they asked for is a new low, even for them, but it does nothing to correct their errors,” the statement asserts. “The NFLPA will appeal this outrageous decision on behalf of Tom Brady.”

The points raised in the statement surely will be reflected in the forthcoming legal documents from the NFLPA, which surely will not focus on Brady’s admission that he destroyed his cell phone on the same day he was due to meet with Ted Wells but on the overall flaws in the process.

But here’s the thing. If those are the arguments the NFLPA had previously planned to make on Brady’s behalf, why did he even testify at the appeal hearing? The points raised above could have been established via stipulation or other evidence. Having Brady admit that he destroyed the phone interjected an issue that will hamper Brady in the court of public opinion — and that could prompt a judge to conclude at a visceral level that justice requires upholding the suspension.

Although the destruction of the phone may not be relevant to any of the issues raised in the litigation challenging the suspension, skilled judges can find a way to get to whichever conclusion they believe is justified, even if the motivation to arrive at that destination comes from facts technically irrelevant to the specific issues presented in a given case.

In other words, if the presiding judge (whoever it ends up being) believes Brady’s hands are dirty, the judge will likely be able to find a way to rule accordingly, even if the written decision never mentions the destruction of the cell phone.

165 responses to “NFLPA calls Brady decision “outrageous”

  1. “It’s totally outrageous that you’re suspending Mr. Brady because you found that he was ‘generally aware’ of his team’s cheating. We demand that you only focus on evidence of things of which Mr. Brady was ‘specifically aware’, like the contexts of the text messages Mr. Brady destroyed his phone in an attempt to hide.”

  2. So they do have the phone records they asked for. See, two sides to every story.
    More to come I am sure.

  3. People continuing to defend Brady sound exactly like Lois Lerner defenders. I mean, he cheated. He’s busted. It’s no longer debatable.

  4. The most ironic part of all this is that Aaron Hernandez also destroyed his cell phone after the murder, although even he still turned the phone over in shattered pieces to the police. Go figure a murderer had at least a bit more decency than Tom Brady.

  5. Making way too much out of this cell phone. People are entitled to privacy and for all we know this sham of a violation was concocted for the purposes of gaining access to his cell phone.

    And yes, the league already had all the information it needed. They looked at Brady’s old phone. They had access to the phones of the ball handlers.

    Cell phones are extremely private and personal. Imagine your own employer demanding you turn over your personal cell phone. Once the novelty of this revelation wears off, we will read column after column putting thus in its proper perspective.

  6. Would now be a good time to ask why the hell they bring up due process, when that term is very specifically a legal term reserved for criminal or civil law?

    The procedure and processes of the NFL are very much neither of those.

    They have unions, a CBA, and all kinds of stuff. But they don’t have courts of law.

    Also, for destroying the phone, Darth Goody should have UPPED the suspension.

  7. Outrageous? The only thing outrageous in this whole scenario is just how bad the CBA is, that DeMaurice Smith negotiated, on the players behalf.

    DeMaurice Smith = Goodell’s and the owner’s best freind.

    It was a set up! Smith was bought out before the CBA negotiations even started. Even a PFT reader could figure that one out ……… well maybe a few.

  8. why does it seem like all the “great” ones cheat?
    Lance Armstrong, Barry Bonds, Mark Magwire, A-Rod, Jerry Rice and now Tom Brady to name a few, I guess the moral is you have to cheat to make that extra leap to uber success, until you get caught, of course.

  9. I am constantly stunned by the complete lack of ‘savvy’ displayed by the Brady camp. At every turn, every appearance, every interview, they invariably chose to say or do whatever would make Brady look bad.

    And they continue to do so. As long as he has been around, that shouldn’t be happening.

  10. “The fact that the NFL would resort to basing a suspension on a smoke screen of irrelevant text messages instead of admitting that they have all of the phone records they asked for is a new low, even for them, but it does nothing to correct their error”

    ___________________________________

    ….sooooo, what does this part mean exactly? Somebody is lying here.

  11. The NFL asked for a list of all relevant text messages and phone calls from Tom Brady. they assured us that they didn’t need his phone, that they’d trust him to provide what was relevant

    Apparently, though records of his cell phone provider, this information (a list of 10,000 texts, with duration and times) was given over to the NFL. Hence the “they have all of the phone records they asked for” comment.

    Then the NFL changed their tune and wanted the phone itself in their hot little hands.

    Goodell the slimeball thinks that you won’t notice this little shell game.

  12. people like abninf continue to not read the information in the article but continue to comment anyway. Hey adninf, The NFL has all Brady’s texts. what more do you want?

  13. The guy destroyed his cell phone to hide evidence,

    Come on man.

    Innocent people don’t destroy evidence because there IS NO evidence to begin with.

  14. (1) the NFL “had no policy that applied to players”;
    I believe that there is a code of conduct policy that applies to players. That policy probably discourages cheating and destroying evidence. The Patriots think cheating is ok though. So do their fans.

  15. If the NFL comes to this conclusion why take over a month. Goodell said he wanted a fair and open process if it all comes down to the phone I ask again why wait this long. Unless Goodell lied, perhaps he has negatively affected the integrity of the process. Goodell is the worst commissioner in the history of sports.

  16. This was exactly what I was hoping for. A full blown circus. Thank god for Brady and his reluctance to admit any wrong doing, haha.

  17. Let’s see. They had the phone records for every person who could have tampered with the balls so they had all the relevant messages. The need for Brady’s phone is nothing more than fishing – something courts abhor. The NFL files for a declaratory judgment in New York to get a more favorable venue than Judge Doty. Good luck with that. Federal Courts hate it when people try to forum shop. One team is warned and fined $25000 for clear tampering; Brady gets suspended four games for undefined “general knowledge”? The huge penalty is due to things others on his team had previously done! Great idea – taint one individual with another’s conduct. Not going to fly. Owners are falling all over themselves to try to buttress the commissioner’s independence while some have admitted pressuring him. That’s a trial lawyer’s dream! Wait until the owners have to turn over their cell phones! This is going to be a mess that taints the season. The sponsors for the first Patriot games have lost huge value to support egos. This is a new low in arrogance for the NFL. And I’m not a Patriot fan – but I believe in justice and this is just WRONG.

  18. Destroying phones is the Patriots Way.
    Destroy your phone = GUILTY.

    Tainted titles.
    UNearned titles.
    CHEATER

    The league should force Bobby Kraft to sell the team and ban him for life.
    Kraft has fostered, and enabled a culture of cheating.
    It will continue

  19. Still amazed that people take Goodell’s press releases at face value without waiting for rebuttals. Used car salesmen in your neighborhoods must make out like bandits.

  20. bencoates57 says:
    Jul 28, 2015 6:00 PM

    Cell phones are extremely private and personal. Imagine your own employer demanding you turn over your personal cell phone.

    _______________

    Now also imagine that at every phase of the investigation leading up to the demand to turn over your cellphone, your employer has repeatedly leaked the details of the investigation to the press, often with a flagrant bias or outright lies.

    Still willing to hand over your cell phone?

  21. I can’t believe that the courts will or want to get involved in a labor dispute. CBA is pretty clear here. They gave Goodell the power to do what he just did..

  22. I suspect the NFLPA to go to Minny & Judge Doty who would be more then fair to Brady as she has in the past.
    BUT, don’t destroy the PHONE dummy, it looks bad.
    This should be all we hear, glad it happened to the Pats, there history is about getting there way, no matter how or who does it, huh?

  23. Hard to defend a guy who destroys his cell phone.

    My stance is, and always has been, that Brady was up to something shady but that the league is overreaching. 4 games is ridiculous.

    But in a day filled with legal statements I feel the NFLPA wins. Haha, there statement is hilarious.

    And for those of you who are cheering Goodell’s decision and laughing at the Patriots you have to remember that today pretty much guarantees Brady plays in week 1 and raises the banner. It is very likely that the injunction could last for the entire season and that the federal case wouldn’t go in front of a judge until the offseason.

  24. LOL, wait, “no policy in place that applied to players”?
    Is the language SO skewed and do the players honestly need it more obviously presented to them? Something to the effect of

    “Article blah blah: section blah: subsection blarg:- In The Event A Player or Team/player AND team, Are Found To Have Been Cheating, That Player and/or Team WILL be punished and/or fined!” ??

    Isn’t “conduct detrimental to the integrity of the game” THAT policy?

    Sounds like the NFLPA all of a sudden is trying to use the Belichick standard of “well, yeah but there is nothing in the Rulebook that describes 100% in detail that we can’t do that!”
    Like their “Eligible/ineligible scheme”

    LOL, regardless, I don’t care how clever or brilliant Belichick and this team can be at times, it’s very clear that there are also times that they feel they need to look into semantics and other tactics in order to gain an edge.

  25. At this point, Brady has only been suspended for “Not Cooperating”. So shouldn’t that mean that if during the Discovery of the legal cases that Brady’s complicit involvement is proven, that he should then serve additional games for the actual Cheating? These are 2 separate acts…the non-cooperation & the cheating, each deserving of it’s own punishment.

  26. “The fact that the NFL would resort to basing a suspension on a smoke screen of irrelevant text messages instead of admitting that they have all of the phone records they asked for is a new low, even for them, but it does nothing to correct their errors,” the statement asserts. “The NFLPA will appeal this outrageous decision on behalf of Tom Brady.”

  27. Pats fans are hilarious. The excuse he had personal pics of his wife or whatever on his phone is ridiculous. He could have saved those to a computer and deleted them off his phone and then handed his phone in for review to clear his name. He destroyed it, he’s guilty and a cheater. Everyone knows this and accepts this but you. #realitycheck

  28. Maybe the NFLPA should support it’s members that don’t cheat. I guess all the players on teams that played the patriots are one step lower on the ladder.

    He cheated in the AFC championship and would have texted the ball boys 30 times the next day and destroyed his phone if he didn’t.

    Attention NFLPA: who do you work for? The cheating player or the non cheating player?

    Give Brady a Year!

  29. Brady is finding out today that he is not above the shield of the NFL. By allowing the NFLPA to take his appeal to Federal Court, Brady’s career will be remembered more for DeflateGate than anything else. Brady is receiving horribly bad advice! He should accept his punishment and move on.

  30. Tom Brady, the Pete rose of football. Get caught doing something minor but it turns into something larger because of lies

  31. arvinkp says:
    Jul 28, 2015 6:08 PM
    People defending Tom Brady crack me up. Most people are convicted and setenced to prison on less evidence.

    ——-

    Tom Brady didn’t commit a crime. He may have broken a sport rule. Important to remember that because its not the same thing.

  32. Wait until the new Jem movie is released; rumor has it that will be TRULY outrageous.

  33. daboss81 says:
    “..The NFL inspected two of his phones.. Read the report…”

    And apparently he destroyed the one that mattered.
    Don’t leave that part out.

  34. For me it’s more an issue of the punishment not fitting the crime. This isn’t even 1% as bad as PED’S to me. It should have been met with yawn the whole time.

  35. I mean, he only destroyed evidence. Brady is lucky this is a civil case, because if it wasn’t, Brady would be charged with felony obstruction of justice.

  36. What exactly is a ‘destroyed phone’?

    I keep hearing it OVER AND OVER AND OVER again.

    That Brady ‘destroyed’ his phone.

    So… HOW?

    Because if you trade in your phone to get a new phone, I wouldn’t called that ‘DESTROYED’.

    So unless he PHYSICALLY or ELECTRONICALLY DESTROYED his phone… then why is EVERYONE in the media using the term ‘DESTROYED’?

    When I got a new phone a few months ago, I had to hand in my old phone, and I definitely would not consider that DESTROYED.

    SO my question is… why does the media INSIST on calling it ‘DESTROYED’ and not giving us any other info?

    Is it because it SOUNDS juicier? How about an accurate representation of what happened.

    If he traded in his phone, say he traded in his phone. The info would be lost in the process, but surely the phone itself was not ‘DESTROYED’.

    …and any of his lawyers would know that all this information would not suddenly go away as there are records held with the carrier (and the NSA probably has a backup copy).

    So, can we get further clarification about any of this? Doesn’t seem like Brady would use the word destroyed, but all I see is ‘Brady said he destroyed his phone’.

    I’m pretty sure his lawyers would never allow him to use that word.

    So something seems wrong here.

  37. factman1000 says:
    Jul 28, 2015 6:03 PM
    people like abninf continue to not read the information in the article but continue to comment anyway. Hey adninf, The NFL has all Brady’s texts. what more do you want?
    ————————————–

    Yeah, and Congress has all of Hillary Clinton’s emails too.

    The NFL has what Brady gave them. That may or may not be all of his txt’s. By Brady’s own actions I think it would be wise to presume that they do not and will not receive all of those records. The circumstantial evidence that Brady himself created is becoming overwhelming.

  38. Funny how the Deflatiots fans have disappeared. Usually they’re binge posting on here defending their guy. Now they’re few and far between. I guess some of them actually read the commissioners statement.

  39. How many times do we have to go through the same routine? NFL presents or leaks false or misleading information implicating Brady and the Patriots. Media and Pats Haters hyperventilate: He’s guilty! Cheater! Ban him for life! Then the true version of events eventually emerges, in which the Pats turn out to have done nothing wrong. A few people who are paying attention notice, but the vast majority hold on to the false narrative for dear life (“Dere cheatahs cuz 11 out of 12 of the Pats balls was 2 PSI under, while all of the Colts balls was fine!”). Rinse and repeat.

    So just wait before getting too excited about the destroyed cell phone. Let’s see what the real story is. If Brady really turned over all the phone records this is clearly a pretext (which predictably is having the desired effect). Notice that the NFL was supposedly notified about the destroyed phone on June 18. I’m pretty certain that it was at some point after that date that Goodell said that if Brady showed him his phone he was open to changing his mind. Clearly that was a setup.

  40. thesteelhurtin says:
    Jul 28, 2015 6:01 PM

    Ever think that the Wells report would be better one way or the other if Brady had cooperated.
    ——————————-

    Not really. Ted Wells was hired to find out if the footballs used during the AFCCG were tampered with.

    Disregarding the fact that no one recorded the starting pressure of the footballs, if the footballs started out at the pressure everyone assumes they did, the results show that no air was deliberately let out of the footballs.

    All this nonsense about out of context text messages, and Tom Brady refusing to turn over his phone/text messages is nothing more than a smokescreen, designed to hide the fact that the NFL is incompetent.

  41. Call every patriot employee and executive under oath to testify in this hearing. If it’s truly the patriot way they will all lie like Tommy is.

  42. Public opinion has swayed against Brady in a huge way since learning he destroyed his phone the day he was testifying. That is not the behavior of an innocent man. Impossible to argue that point.

    This new fact is the biggest bit of information that forces people to see that Brady did in fact do something untoward in regards to the game balls.

  43. Always been a supporter but it’s time for Goodell and the rest of his clowns to go.

  44. Brady destroyed evidence to cover up his cheating. He lied to the investigators of the independent counsel and the league office.
    I believe this is actually worse than deflating footballs.
    This may harm his HOF chances

  45. Brady’s current situation is the equivalent of being down two touchdowns in the 4th quarter against the best defense in the league.

  46. I’m surprised this board isn’t full of Brady fans commenting.

    Oh that’s right they’re all crying right now!

    Don’t worry the waahhhhmbulance will be there shortly!

    Muhahahahahah!!

  47. If what Brady’s side is saying is true, vindicate Tom, then go after Goodell. This is defamation if he did provided text messages as evidence and NFL puts its ruling out with the cell phone tidbit. The general public will run with that and judge Tom like they did with the Mort Report of -2 psi.

  48. Seriously? Training camp is underway and we are finally starting to see real football news and now we have to revert back to this soap opera? C’mon!

  49. Imagine if he had just manned up.
    But that is not the patriot way. The Patriot way is to throw some minimum wage guys you told to tamper with the footballs in clear violation of league rules under the bus.

  50. Well this kinda ruined the first game of the season
    What ever network got that is not happy now

  51. Looking at the whole deflategate mess reminds me of the 1983 George Brett pine tar incident. Yankees Manager Billy Martin had known for quiet some time that Brett liked to put pine tar high on his bat. Just a personal preference for Brett. Martin waited until Brett hit a home run that would have given the Royals the win. He then appealed to the umpires that Brett had put pine tar to high on the bat, thus illegal equipment and Brett is out game over. Never mind that the pine tar had no effect on how far the ball traveled. Just as less than a pound of difference in a football makes no difference in how it is caught or thrown or held on to.
    Imagine if your boss told you that you were suspended for not providing evidence that you were guilty of something that he had accused you of. That was Brady’s dilemma. Do I give up and expose information about my wife, children, family, extended family, friends, business partners, to prove my innocence or does all the good I’ve done as a man over the course of my life not count for anything.
    I don’t blame Brady for destroying his own property before seeing Wells. If you are going to smear my name and ruin my reputation you damn will better have some admissible evidence and you damn well should not expect me to provide it to you. Tom Brady’s reputation will never survive this. I believe Brady is due at least 500 million in damages and if I sat on the jury would award him that much.

  52. 4 games for this seems unjust. He made all the plays to beat the Colts. The game was not even close. Had nothing to do with the PSI of the balls. Should have just fined him.

  53. Unbelievable to me the amount of people who are acting like they would turn over their cell phones to an attorney that did not represent them (if they did not have to) regardless of guilt. Yeah right.

    I do know a good villain makes for good theater and better revenue in an entertainment business.

    The Panthers, Charger, and Vikings have all been caught breaking rules involving the tampering of a football with punishments of warnings (in the case of 2 teams) and a $20K fine in the case of another.

  54. Every True American should be OUTRAGED over this scandal committed by Goodell & NYC ex-Jets. We live in the USA, a country that highly regards Liberty & Due Process = Not Guilty until Proven. What Goodell has done against Brady & the Patriots is far more Criminal then lying about the Ray Rice incident.
    Since when do WE the PEOPLE submit to narcissistic political personalities that believe their opinions are not to be questioned, challenged or overthrown.
    Vomit out of your mind the corrupt idea that the NFL can do as it pleases, handing out judgments against players without any need for substantial plausible evidence that any fair minded individual could assess.

  55. Florio, do you really believe any federal judge will think Brady’s “hands are dirty” because he didn’t keep a phone the NFL had no right to ask him to produce and the information they sought was provided to them through other means?

    A four game suspension to a 16 year veteran and a loss of contractual wages in excess of $1MM for hands that look dirty to people who want them to be dirty is hardly reasonable.

  56. Not even a Patriot fan, but, Brady will not miss 1 game. The NFL might want to try to come to an agreement because once this hits court, the NFL will lose just like all the other losses they have had in court. You collectively bargain punishment and you can’t go outside of that. You can’t give Favre a fine for not cooperating and give Brady 4 games for essentially not cooperating. The NFL would be better off coming to an agreement where Brady pays a fine and says that the team has accepted responsibility for what has happened. This whole situation is kind of like you getting pulled over for speeding and the cop charging you for felony eluding. You will accept the fact that you were speeding but in no way shape or form will you accept the other charge.

  57. Some of the posts by the haters are downright comical. As a Packer fan I find this whole thing fascinating…..and frightening. The haters are so blinded by jealousy and revenge their commentary is ridiculous. People sent to prison with less evidence? Bwahahah…..ab, sorry bub, I don’t think so. Court will be fun.

    A Packer Fan

  58. So… Brady gave the NFL list of the 10,000 texts he made, with names, dates, and times

    The NFL decided it was “not practical” to pick out the 4-5 people on that list that they think might be relevant, contact them, and ask their permission to see those particular texts?

    The NFL got lazy.

    They spent 5 million bucks on a sham report and dragged it out for 6 months. They couldn’t take 2 days to follow up on the very information that they had asked for?

  59. What all the negative Brady comments fail to acknowledge is that he was not caught doing anything regarding deflating the footballs. Walt Anderson’s testimony proves that fact. No deflated footballs no crime. Fining him for destroying his phone? Fine. His desire to not turn over his phone when they already have all the text messages from the attendants is understandable. His private life would be open to all since the NFL has proven ‘more likely than not’ to leak whatever will slander who they want to.

  60. Brady will win in court since it will be US Court – not Captain Kangaroo court.

    A Judge is not a dupe like all the haters on here. He/She will examine the FACTS and then blast Goodell & Well$ for grossly overstepping their authority and grossly overreaching in their judgment.

    Keep crying about the phone bird-brains.

    NFL Approved Rule 17 footballs = AFCCG PATRIOTS 45 – colts 7

    NFL Approved Rule 17 footballs = Tom Brady breaks Super Bowl records against the #1 DEFENSE in the NFL = PATRIOTS 28 – seahawks 24

    And you think the Judge will be concerned with Brady’s phone = bird brains

  61. Brady’s lawyer: “Sham”

    NFLPA: “Outrageous”

    Woody Allen in Bananas: ” It’s a travesty of a mockery of a sham of a mockery of a travesty of two mockeries of a sham!”

    Me:

    Be careful what you wish for Tom Brady, you just might get it. You had the opportunity to settle and did not.

    You are now going to court where you will have to testify under oath. Tweedle dee and tweedle dum also are going to be testifying under oath.

    The NFL is going to be able to subpoena witnesses and cell phone records.

    Tom needs to move on and spin it any way he wants before he is forced to testify. It is only going to get worse.

  62. Who is whining more, Brady or Prisco? Court is gonna shoot down your perceived loopholes Tom. Deal with it like a man.

  63. solo681 says:

    Jul 28, 2015 6:52 PM

    Every True American should be OUTRAGED over this scandal committed by Goodell & NYC ex-Jets.

    ——————–

    Nah. I prefer to reserve my outrage for, you know, something more important than a game. A few things come to mind: ISIS, the economy, child abuse, and the like.

    P.S. To Pats fans: HaHa!!

  64. So your surprised Shady Brady got in trouble? Really?? Cheaters through and through. Always have been, and always will be.

  65. Shady must have the same legal representation as Hillary c.. Both caught breaking rules/laws.. Both have the same reaction destroy the phone, destroy the mail server.. Finally deny deny deny..

    Should’ve upped the suspension to 8 games!

  66. NFLPA claims Jim “the Deflator” McNally ate the phone in an attempt to lose weight. But Brady has no idea who this guy is since they’ve only worked in the same bulding for 15 years together. He didn’t know he was on a diet, therefore Brady should be freed.

    #theworldaccordingtodelusionalpatsies

  67. all4patriots says:
    Jul 28, 2015 6:02 PM
    The NFL asked for a list of all relevant text messages and phone calls from Tom Brady. they assured us that they didn’t need his phone, that they’d trust him to provide what was relevant

    Apparently, though records of his cell phone provider, this information (a list of 10,000 texts, with duration and times) was given over to the NFL. Hence the “they have all of the phone records they asked for” comment.

    Then the NFL changed their tune and wanted the phone itself in their hot little hands.
    ——————————————

    Nobody changed any tunes, you’re simply operating under the wrong idea. So what if there are time and date stamps — what’s needed are the actual texts themselves, or you’ve got a bunch of pretty meaningless lists. And no information to prove anything one way or another. By smashing the phone, Brady ensured that some 10,000 texts will never be recovered or read. Which he likely was informed when he had it destroyed.

    I know the Pats Fans Junior Lawyers and Scientists Brigade is working overtime today, but you’ll have to do better.

  68. Guy destroys his phone right before he is to be interviewed knowing they wanted to see some of the texts but yeah, outrageous.

    The NFLPA is like most unions- useless.

  69. The NFL is going to be able to subpoena witnesses and cell phone records.

    Tom needs to move on and spin it any way he wants before he is forced to testify. It is only going to get worse.

    +++++++++

    …and you don’t think Brady’s legal team will do the same to multiple persons…. maybe, just maybe they will get something they had not bargained for!

  70. I hope the NFLPA also announces that they are going to request all NFL and owners phones, texts, computers, emails, etc. relating to this and the rule itself since 2006, when it was enacted. Let them have a taste of their own medicine! Because, obviously, they know they had absolutely nothing on Brady. And the union needs to fight this to prevent all of the players being subject to such ridiculous requests. After all, we aren’t talking about any team phone. It’s his personal phone! And absent such an item being in the CBA, it seems to me that it is out of bounds.

  71. Definitely should have been a death penalty for Brady and Belachek. A dastardly deed indeed. Someone needs to pay with heir life.

  72. bryanwenzel says:
    Jul 28, 2015 6:00 PM

    Would now be a good time to ask why the hell they bring up due process, when that term is very specifically a legal term reserved for criminal or civil law?
    ++++++++++++++++++++++++++++++++++++++++++++++++

    Due Process is a Way of Life for those of us who love the USA. It is used as a guideline for all to follow whether it be at work, school, church or at home.

    Due Process is the way an Intelligent Society bases its Freedoms & Justice upon.

    Witch Hunts are archaic, unjust, pervert justice, and criminal. It robs you of Freedom and the ability to live as equal among your peers.

    We as a society have sold our souls to corrupt government and now it is raising it’s ugly head read to devour you.

  73. To answer Mike’s question, “Why even appear at the appeal?” It was to give new information. i.e. all of the phone/text records previously not given with the hope that the NFL would be fair once it received what it was demanding. I disagree with that decision- but that is why they did it. Funny how Ted Wells kept repeating that Brady doesn’t have to give his phone to them- but now all of the sudden they do!!!!!!!!!

  74. pats4rings says:
    Jul 28, 2015 6:15 PM
    Hard to defend a guy who destroys his cell phone.

    My stance is, and always has been, that Brady was up to something shady but that the league is overreaching. 4 games is ridiculous.

    But in a day filled with legal statements I feel the NFLPA wins. Haha, there statement is hilarious.

    And for those of you who are cheering Goodell’s decision and laughing at the Patriots you have to remember that today pretty much guarantees Brady plays in week 1 and raises the banner. It is very likely that the injunction could last for the entire season and that the federal case wouldn’t go in front of a judge until the offseason.

    —————————————————

    Hey at least you’re being honest about what you see, unlike most of the spinmeisters here.

    Thing is, though, if he was “up to something shady” don’t you think he deserves some kind of discipline? Also keep in mind that the league often highballs these suspensions with the idea of reducing them later. Which just happened with Bell and Hardy.

    The point is, had Brady cooperated (unless you call smashing his phone cooperating) you’re likely seeing this go down to two games. Or if he plays it right, and admits that maybe something happened whether intentionally or not, instead of insisting NOTHING at all “shady” happened — and says he’s sorry about the whole thing, then maybe he even walks with just a fine.

    I don’t think most Pats fans get how much he stuck the tiger doing what he did to Goodell. And when you stick the tiger….

    Anyway I do hope he plays week one and stalls things til later as I’ve said many times.

  75. What’s outrageous is Brady’s actions in this…. Just goes to show that Michigan is included in the schools that awards diplomas to pea brains who cheat….. Rarely the crime itself but always the cover-up….. Whoever is advising Brady must also own a pea sized brain….. This should have been long over with and in stead,. Just beginning…… Stay tuned!

  76. The fact that Brady tried to destroy evidence and then act outraged at the accusations really shows how he considers himself to be above everyone else. Just own up to it and move on. Why is being honest so hard for this guy?

  77. ampatsisahypocrite says:

    “Nobody changed any tunes, you’re simply operating under the wrong idea. So what if there are time and date stamps — what’s needed are the actual texts themselves, or you’ve got a bunch of pretty meaningless lists. And no information to prove anything one way or another. By smashing the phone, Brady ensured that some 10,000 texts will never be recovered or read. Which he likely was informed when he had it destroyed.

    I know the Pats Fans Junior Lawyers and Scientists Brigade is working overtime today, but you’ll have to do better.” ****************

    Yes they did. First of all, they had all of the relevant texts already. Second, since they now have all of the phone records they asked for, they now can retrieve any text from anyone that texted Brady back and forth that they desire. They spent 5 Million dollars and months and months investigating. A few more days would have hurt? And for such a devious plan for Brady, don’t you think it is a tad too risky to give out all of his phone records? This all proves the lie that anyone would have accepted Brady’s lawyers handpicking texts. That was a lie from the start.

  78. Why would Tom Brady not want anyone to see his cellphone??? (Maybe he was having an affair)

  79. Brady going to court exposes NFL.
    By Brady taking The NFL to Federal Court, he will expose the League for defrauding U.S. Citizens. This is a violation of The Anti-Trust Exemption.

    Brady knows this. He is using this last desperate move to protect his personal agenda, at the expense of an entire league.

    If he is guilty, going to The Federal Court may do nothing more than find him guilty. Another outcome could be to move the court to order an investigation against The League for defrauding The U.S. citizens. (Their money and investments with the trust of fair play).

    What the league is doing is coming down hard on Brady. Brady already has a prior “unapproved” ball offense in 2004. Was warned for future “similar incidents” the League would take appropriate action. For The Patriots, this is being twice warned, twice penalized.

    Brady is afraid he will lose his job. He is afraid his legacy (built on unscrupulous and dishonest acts) will fade. So,take the entire league with him…..

  80. This isn’t a criminal conduct issue! He could, and should be, FIRED, based solely on his lack of cooperation. This no longer has anything to do with the footballs.

  81. No-one was going to get pics of Giselle off Brady’s phone. What they were going to get is a much more inclusive group of conspirators. If you think Brady, McNally & Jastremski were the only ones involved, you haven’t been paying attention.

  82. This is going to just get worse. Brady likely won’t fully cooperate with the NFLPA once his people kick into full damage control mode and decide his best course is to just stay quiet and disappear from the scene.

  83. ….AND a “GOOD JOB” is in order for Goodell for waiting for the start of training camps and pre-season to make his ruling!…Now all of us that are not fans of the Pats, Brady or Goodell get to be smothered by this nationally for the next several weeks!!! instead of hearing about OUR teams!…SMH!!

  84. the poor guy is still bitter over being a 5th round draft choice! lol The hole he’s digging is getting deeper and deeper. He should remain quiet, come back and try to salvage his tainted career.

  85. The players better get a better Contract and get a good president to represent them in the next contract.

  86. Unbelievable that a guy gets a 4 game suspension, while other guys get breaks and reduced suspensions, for drug use, performance enhancing, domestic violence, and other very horrible things, and Brady gets 4 games?
    Very stupid, and I hope the NFLPA + his own lawyers win in further appeals. And, I am not a Patriots fan. I just think that for “tinkering with air pressure” is such a major problem, especially compared with the other violations. It seems like a “witch hunt” to me.

  87. Oh, yes, and the Cowgirls get another break, not having to face Brady. How convenient, and corrupt the league is, giving Jerrah another favor.

  88. If Brady takes this to a court of law he and his equipment staff will have to tell the truth under oath and the NFL attorney’s will have subpeano power over Brady and Patriot employees on any communication pertaining to NFL business., whether it be on a personal electronic device or a company phone. Brady does not want those Patriot employees to be questioned by NFL lawyers and threatened to be charged with perjury if they lie. These guys will fold up like a cheap lawn chair.

  89. Although I have no claim to know whether Brady cheated or not, the few people that I know that are of incredible wealth frequently change their cell phones and their numbers. This is because there is a creep associated with giving those numbers to friends that ultimately extends to people that are unknown.

  90. ampatsisahypocrite says: Jul 28, 2015 6:55 PM

    Boy that “LOLatthePatsHaters” dude is gonna have to work overtime today.

    His boy Brady sure did him no favors…

    —–

    On the contrary 🙂 I think this whole thing is DELICIOUS!

    Goodell sure did the league no favors by dismissing Team Brady’s offer to show him a complete list of everyone that was texted for the league to follow up in order to retrieve those texts. So I guess the texts weren’t that important after all. So much for being hung up on the phone. So much for their case. 🙂

    Oh and Wells talking about “privilege”? WHAT privilege??? Oh. Some “independent” investigator huh?

    Team Brady is going to blow the doors off the rot in the league and I and all intelligent football fans are waving our pom poms cheering him on.

    🙂

  91. Brady = greatest QB that ever walked on an NFL football field.

    All other opinions are trash so they don’t matter.

    🙂

  92. Florio – I just listened to today’s radio show via podcast as I was mowing my lawn. In the first part of the show you talk about Stephen A. Smith’s comments and actually mention the report that Brady destroyed the cell phone. At that point you said that the info about the phone was not terribly important.

    After the NFL’s announcement however you spoke a great deal about the phone and talked about how big a mistake Brady made. I feel the same way, but is it really such a big deal? The NFL had no subpoena power so Brady did not have to turn it over. If you look at the statements made by the union and Don Yee it seems like Brady did turn over a great deal of information to the league – they go so far as to say that it was everything the league asked for.

    So is this really a big deal or is it Goodell just trying to sway public opinion?

  93. Belicheck and kraft are squirming right now because they are part of those text messages guaranteed. Hoody knows everything. Pats are now labeled forever as cheats irregardless to what happens in court.

  94. But…. is the cell phone actually destroyed, or did they just tell the enemy it is?

  95. I also wondered why Brady would even go to the appeal. If all he was offering was admission of permanently destroying the evidence they had sought from him.

    It is enough to make me lean toward the belief of the offering of compromise reports that went around. Which to me would show a continued favoritism.

  96. Oldduke, the media has bombarded us with the comparison of “crimes” vs “violations” in this case. You have to remember that Brady’s violation does have an impact on the final score and the stats of the game. The wife beaters, dog killers, child beaters, drug abusers do not. The scum of the NFL do not affect the integrity or the public confidence in the game. What Brady did, does.

  97. It’s outrageous that NFL Players re-elected De Smith. He is responsible for negotiating a CBA that could be easily manipulated by the league to force these situations.

    On the other hand, De justifies his existence with these legal sagas. Even if Brady wins, it will have cost millions the PA does not have.

  98. I can’t wait to hear the first of you idiots whining when they find your teams footballs a little over inflated. Now that King Goodell has set a precedent, imagine in December that the Packers footballs are at 14.5 and then the league will have to fine them a million dollars plus a first round draft pick. If the league is set on this, we may as well skip over to the second round of the draft. The league proved today that it will never be the same again when they immediately went to court to confirm the suspension. Shame on all of you who agree that a woman beater like Greg Hardy should be suspended for the same amount of time. Unbelievable. Not to mention on the same day a player who is driving under the influence and carrying marijuana gets his sentence reduced. This is an amazing country, and I for one am embarrassed by Roger Goodell and his band of 31 morons. Get a life and begin to understand what is wrong with the world. YOU!

  99. It is amazing that while a majority of NFL fans don’t trust Goodell further than they can throw him, they swallow what he is peddling 100% without question and without hearing a word from Brady in rebuttal.

    This “investigation” was decided before it began and Goodell is determined to come down hard on Brady. That much is obvious. But how about waiting to hear the whole other side of the argument.

    As a Pats fan, I want Brady to be innocent as much as everyone else up here. If he is actually guilty, that will be very disappointing and I will agree with the punishment he and the Patriots have been dealt. But the NFL has been less than honest with the fans, Brady and the Patriots from the get go. So my doubt is high that they are playing this straight. The best thing is for this to go to court. I will be very interested to find out the truth, either way.

    In any case, I hope this is the end of Goodell. He has made a farce of the NFL and the “integrity of the game”

  100. If he gave them all 10,000 texts in another format, why is the NFL upset? They said they didn’t need the phone. Why the change now?

  101. Hey Patriots* fans, shut up,your boy tried to destroy his phone to hide his guilt, any further defense is an admission on your part the you incapable of coherent, independent thought. The rest of the football world is getting a hearty laugh at your expense every time you cling to this cheaters tainted legacy. All your Bill Nye science guy schtick didn’t prepare you for defending your boy who tried to go out like a dime store hood ditching evidence. Too funny.

  102. One Pathetics fan spins a yarn. The rest of the tin foil hatters club makes a sweater out of it.

    There was no offering of metadata to the NFL. The NFL saw it at the appeal. And what good is metadata?

  103. There was no offering of metadata to the NFL. The NFL saw it at the appeal. And what good is metadata?
    ===
    Are you serious? Does the name “Edward Snowden” mean anything to you?

    Metadata indicates who talks to whom. Linking people is how investigations work. That’s why the NSA was illegally collecting all of it, and why they were told knock it off.

  104. I don’t know. Jimmy G will probably go 2-2 and Tommy will come back pissed off and run the table. Could happen. Kinda has happened minus that Super Bowl messup ( thank you Asante Samuel for letting the ball go through your hands, and of course David Tyree ).

    We’ll see. I’m a Pats fan and over all this. You guys all know you would kill to have the “hoody” and the “GOAT” as your coaching / QB tandem. In the immortal words Mike Vrabel said to Philip Rivers talking about Drew Brees after a play when Rivers was a first year starter…

    “Hey Rivers, you’re no Brees. You know it, I know it, but worst of all, your whole team knows it…”

    Hey NFL, like it or not, the Patriots are the greatest franchise in a salary cap / drug testing era. You know it, I know it, and worst of all, all the other teams know it…

  105. Pretty clear at this point that Brady knew what they were doing – nudging the football pressure lower than the legal limit. But, it’s such a non-issue it’s absurd. Brady actually played better without the lower inflated footballs in the 2nd half of the Colts game and the Super Bowl.

    It does speak poorly of Brady’s integrity and arrogance – leading to stupidity (reminds me a bit of Roger Clemens though the issue is not nearly in the same category).

    But, it’s also just such a ridiculous situation the NFL never should have gotten into.

    A) What if the NFL allowed a lower level of inflation?

    B) The NFLPA has a point that there were no rules regarding punishment related to this. Imagine you are told something is against the law – but the law never defines the penalty and you expect a fine and get 3 years in jail.

    C) They also have a point that the half-time check is sketchy and chaotic.

    So, while Brady is definitely arrogant and clearly pushed the pats employees to move beyond the rules – well, so did Michael Jordan and so do MLB players and teams. It’s not like he gambled on the game and threw one.

    And, as Michael Wilbon noted, are we really equating a – slightly below the limit of the NFL’s arbitrary inflation – with what Greg Hardy did, in beating his wife? Two different categories but that is what the NFL is saying with this, as they are giving both players 4 games.

    Though Brady was wrong; Goodell and the NFL’s arbitrary policies have become a disaster at this point. He was way too easy on Irsay (one of his bosses – which is a conflict of interest); he’s been too hard on African-American players; and now he got himself into this fix that could have been remedied by a warning from the league – or an actual change in policy on football handling prior to the AFC Championship.

    #DolphinsFan

  106. I really hope they get the phone records per a court order. Those will have backed up text messages on the servers. But since Brady isnt a techie I doubt he knows that, and I would be the NFLPA will try to block any attempt at getting the records.

    I would suspect him destroying the phone and not keeping the sim card is the same as him saying he is guilty. Honestly with an entire legacy at risk, I would have made everything open to the public unless I have something to hide. From now on he is a cheater in my book.

  107. Alex Rodriguez is one of the greatest baseball players of all time. He has more achievements and accomplishments because he cheated. But he’s still undeniably one of the greatest ever. His loyal fan base loves him. Lots of other people hate him. Many fans just take him for what he is. A great player who cheated because he wanted to be known as the greatest. That’s exactly how I see Tom Brady. A great player who wanted to be the greatest, so he was willing to cheat. It’s only sports, not life or death. He’s just looking very pitiful with all the lying and playing games.

  108. I don’t know why the Pats fans think the injunction is a slam dunk. The actual lawyers who were asked their opinion on TV think it’s a long shot but we’ll see who is right.

  109. ampatsisahypocrite says:
    Jul 28, 2015 7:05 PM
    all4patriots says:
    Jul 28, 2015 6:02 PM
    The NFL asked for a list of all relevant text messages and phone calls from Tom Brady. they assured us that they didn’t need his phone, that they’d trust him to provide what was relevant

    Apparently, though records of his cell phone provider, this information (a list of 10,000 texts, with duration and times) was given over to the NFL. Hence the “they have all of the phone records they asked for” comment.

    Then the NFL changed their tune and wanted the phone itself in their hot little hands.
    ——————————————

    Nobody changed any tunes, you’re simply operating under the wrong idea. So what if there are time and date stamps — what’s needed are the actual texts themselves, or you’ve got a bunch of pretty meaningless lists. And no information to prove anything one way or another. By smashing the phone, Brady ensured that some 10,000 texts will never be recovered or read. Which he likely was informed when he had it destroyed.

    I know the Pats Fans Junior Lawyers and Scientists Brigade is working overtime today, but you’ll have to do better.

    _____

    Those lists show who he texted and when. If there weren’t any other texts to the balls guys other than what the NFL already had, then theres nothing else to know.

    Unless you think he should give all the information on all 10,000 texts, many of which would be completely unrelated to this. That isn’t what the NFL asked for however, they asked for relevant texts. So, who determines whats relevant? For example, do they search texts to his wife to see if he said something to her? Where is the line drawn? No, if he gave the the contacts, dates, times, and durations of the texts and there were no other texts to the ball guys, then the league was just fishing.

  110. The next act in this drama is for an injunction that allows Brady to play in the big games like Pitt and Dallas.

    So that the rating go thru the roof and the NFL makes even more money, if that is even possible.

    Then some time after the Colts game Brady accepts the punishment, the Pats fall out of the playoff race and the entire AFC rejoices. Rating and merchandise sales is all the NFL cares about, and letting other teams in the race is a great way to increase both.

  111. Asking why and not looking for the answer.
    No, The NFL would not want this kind of negative publicity, unless it had something to prove.
    Look back into the history of The NFL and what was taking shape with The U. S. Senate in 2008. Senator Arlen Specter and now Lead Senator, Patrick Leahy were poised to launch a Senatorial Judiciary Investigation on The NFL, courtesy of The Patriots and Spy Gate. (Defrauding the U.S. Citizens violates Anti-Trust Laws).

    The problem of cheating has gotten worse. We now have a team, admittedly acting against league rules and guidelines for video taping. They did it for 8 years. On the 7th year, it was discovered and The Patriots were warned to stop. A year later, it had been discovered the Patriots were still video taping outside of league rules.

    In 2004, The Patriots had an unapproved football incident. The NFL gave a warning. The warning was issued with a future promise. The promise was, any future “Similar Incident” would be acted on accordingly.

    Here, we have a “Similar Incident” as it takes approved footballs and manipulates them to a condition that would otherwise be unapproved.

    The Anti-Trust Exemption Status of The NFL is in jeopardy if The League does not act against cheating with strong, back braking penalties.
    Nothing personal

  112. WHO CARES !!! Anything that brady has done, or the pats with bradys services are null and void. He’s a loser. ——————————————————— except for those 4 SUPER BOWL YOU CLOWN! BBBBBBBBBBBBWWWWWWWWWWWWAAAAAAAAAAAAHHHHHHHH

  113. So Greg Hardy beats the hell out of a woman, drags her through the house, almost kills her, throws her on a couch full of loaded assault weapons and gets his suspension reduced to the same amount as Brady for allegedly deflating some footballs a little too much. You still don’t get it do you Gooddell? Gooddell is the worst commissioner in the history of the NFL! SMH

  114. Brady caused this mess by failing to cooperate with the investigation. Now he is acting like the rules shouldn’t apply to him because……well, because he’s Tom Brady who has four Super Bowl rings, a supermodel wife, and multiple mansions.

    Brady broke the rules and got caught. He needs to man up and take his punishment instead of acting like a spoiled brat throwing a temper tantrum.

  115. For you salty haters:
    Brady was never under oath before the appeal, and then he was under oath voluntarily. It probably went something like this:
    Goodell (or more likely, an underling): “Mr. Brady, do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?”
    Brady: “I do.”
    Goodell: “I want your phone.”
    Kessler: “I object!!! Per the CBA, you are not allowed access to a player’s phone!!! This is another cheap fishing expedition!!!!”
    Brady: “I got this, I’ll answer. Truthfully, I don’t have the phone.”
    Goodell: “Why the [edited] not?”
    Brady: “I had it destroyed when I got a new one. It’s what people like me do.”
    Goodell: “WT [edited]?!?!?!? How come I don’t know about this?!?!?!?”
    Brady: “You see, when actual stars or celebrities get new phones, it is common practice to destroy the old, since any as…terisk out there might try to get access to it, for the purposes of defamation of character.”
    Goodell: “transcriptionist?!?!?! Where the [edited] are you?!?!?! Ah, carp!!! – ‘O that he were here to write me down – an as…terisk’ ”+
    Brady: “I did ask my phone company to provide me with a spreadsheet of all the numbers to which I texted or received texts from. I text a lot, but really, there aren’t more than 100 total numbers or so…you can verify my spreadsheet with my carrier.”
    Goodell: “What?!?!?!? You expect my minio…office to do some actual thinking?!?!?!?!? Where’s Kensil? He’s the right guy for this job…”
    Brady: “You did say that you want a ‘fair and open’ process…”
    Goodell: “I think that you’ll find that what I meant by ‘fair and open’ is that as a ginger, I have fair skin and that since my mind is a sieve, everything passes through it, like an open flood gate…oh, wait…transcriptionist, don’t include that…”
    Kessler: “We’re through here…Roger…I look forward to our next meeting. Please arrive with your shorts about your ankles, you’ll find it easier to reel your junk…arguments…that way.”
    Goodell: “I’m on it…oh, wait…transcriptionist…”
    + See Much Ado About Nothing, Act IV, Scene II

  116. its ridiculous that his lawyers and Pat’s fans think the NFL needs “ABSOLUTE PROOF” to be found guilty and that ‘more probably than not’ is just not enough. Well ummm that ridiculous to ask when the player is able to refuse to show his phone and Kraft is able to refuse to let Wells interview JJ and JM a second time. Brady had every legal right to withhold his phone, that is true, but dont ask for leniency when you aren’t cooperating FULLY with the investigation. Dont withhold evidence and say “well im telling you im innocent, isnt that enough?”.

  117. No No No!! See… before the CBA was signed, everyone had a choice on how these types of things are handled!! The Steelers were one of the few teams that voted AGAINST Goodell and the power he was going to have!! He’s one of the many results!! No one in the NFLPA needs to complain now!!! We saw it coming and no one paid attention!!! Here we are!! Ta Daaaaaaa!!!!!

  118. Some of these comments are just soooooo idiotic. You need to read the facts. Jealousy is a disease and most of you have it. All of this from an inaccurate report from Chris Mortensen that has spiraled out of control. Face facts….Patriots run the league, and you are all jealous because its more probable than not that your team sucks.

  119. walterpaytonbestalltime says:
    Jul 28, 2015 6:01 PM

    why does it seem like all the “great” ones cheat?
    Lance Armstrong, Barry Bonds, Mark Magwire, A-Rod, Jerry Rice and now Tom Brady to name a few, I guess the moral is you have to cheat to make that extra leap to uber success, until you get caught, of course.
    ———————————————————
    Ironically, dying at age 45 from Bile Duct cancer makes it “more likely than not” that Walter used steroids during his playing career. The medical odds are against just “bad luck”, unfortunately.

  120. I find the Brady haters hilarious.

    They claim you can just delete your personal stuff and hand over the phone. Yeah right, like there are no data recovery services in business. Like you can ensure your personal privacy once something leaves your hands. How would any of you trust an organization that have repeatedly issued false information and leaks, and hand over your personal phone to such organization knowing you are a face of a union and your actions have complications downstream to your player’s union?

    Remove your own biases here for a moment and remember that TB is one of the power faces of the players union and that this scam of a scandal is really a battle of the NFL against the NFLPA as it heads towards the next round of negotiations.

    The NFL is really looking to assert its power and set a historical precedence ahead of labor talks in 2-3 years. Precedence will allow the NFL to alter the CBA without modification or agreement by clearly stating there is precedence for forcing new terms where the CBA is vague. The CBA does state cooperation, but the CBA does not allow for a phone or any personal property to be subpoenaed for any NFL investigation. That can only come from a court. The NFL is clearly trying to add new powers that is vague in the CBA.

    This has little to do with integrity of the game and more of the NFL drawing battle lines against NFLPA, which is why Roger needs to go. Upshaw and Tagliabue would have never had this fight play out in public. disagreements from the PA and the NFL would have been dealt with behind close doors and the public would have never heard of anything. The sad part is we have all bought it hook, line, and sinker. We have no idea what was said, asked, or what would cause any of these actions behind close doors. We get half truths, PR spins, news leaks, and we go and make public opinion. This is King Roger’s NFL and he wants to remake his kingdom. Its a sham.

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