Tom Brady says NFL made no counteroffer

With the Tom Brady appeal resolved but the case far from over, a question remains regarding whether the controversy can be settled. In his Wednesday morning silence-breaking Facebook post, Brady makes it clear that the ball is still in the NFL’s court.

“I authorized the NFLPA to make a settlement offer to the NFL so that we could avoid going to court and put this inconsequential issue behind us as we move forward into this season,” Brady said. “The discipline was upheld without any counter offer.”

While no formal, written counter offer may have been made, PFT reported last night that the NFL was willing to drop the suspension by “at least 50 percent” if Brady: (1) admitted to having knowledge of whatever John Jastremski and Jim McNally were doing to the footballs; (2) admitted to failing to cooperate with the Ted Wells investigation; and (3) apologized.

Because Brady wasn’t willing to admit to anything, and given his position that no counter offer was made, it’s likely that the league’s lawyers simply articulated to the NFLPA’s lawyers the general terms the NFL would need in order to settle the case. This happens all the time in litigation, with loose offers floated in a way that isn’t official or binding.

It happens for a variety of reasons. In some cases, a party to litigation doesn’t want to be squeezed away from a position through further negotiations. If, for example, someone wants $100,000 to settle a personal injury lawsuit, an official offer to settle for $100,000 guarantees that the back-and-forth ritual will force the number lower. So the lawyer says something like, “If your client would offer $100,000, my client would accept that. But my client is not officially demanding $100,000.”

The triple-dog-dare-style etiquette of offer-and-counteroffer routinely results in disputes over what was and wasn’t offered. In this case, the NFL may have never officially and formally offered to cut the punishment at least in half in exchange for Brady crying “uncle.” But we stand fully by the notion that the NFL communicated to Brady and company a willingness to resolve the case under those terms.

Moving forward, more settlement talks are inevitable — especially since most federal judges require them to happen. Some federal judges get personally involved in the settlement efforts, which can be very effective when a hard-headed litigant hears from the person wearing the black robe what will happen next if the case isn’t resolved voluntarily.

Still, if Brady refuses to admit blame of any kind, it becomes very difficult for any deal to ever be done.

50 responses to “Tom Brady says NFL made no counteroffer

  1. Don’t worry. The NFL smear campaign is in full force. Here come more leaks.

    The NFL still hasn’t explained who leaked the original all the balls were 2 pounds under and one was at 10.1, which we know is completely false.

  2. Why would Brady admit blame when he didn’t do anything? It will be interesting what the results of the NFL measuring the PSI of balls this year. Will the NFL show the true results of the measurements if they show that Brady and the Patriots did nothing wrong? I’m betting the NFL won’t…..

  3. Brady is arrogant and a narcissist unable to admit his wrongdoing much like Adrian Peterson. What idiot destroys the very piece of evidence that can exonerate himself? I.ll tell you who a guilty one.

  4. Why would the NFL made a counteroffer? From the legal standpoint (yes people the NFL has lawyers too, Goodell doesn’t get the facts from his behind) the NFL had all the facts to win. Ted Wells asked Brady to get transcripts (yes transcripts) of just the relevant information about this case from his phone, he didn’t ask to get full posesion of the phone to get pictures of Gisselle or Wes Welker, but Brady refused, then he destroyed his phone. Then he say, oh, we can get the numbers for the people we contacted, so what was the NFL to do? Ask for a subpoena to access all that people’s phones?

  5. Brady owes Wells nothing. He is not required to turn over his cell phone.
    Told Wells he would not turn it over, and then destroyed it.
    So why does Goodell make a mention about the phone being destroyed, when the phone was never going to be seen by anyone?
    I side with Brady here. Take them to court and get the ruling overturned.
    Never miss a down.


  6. When its obvious to everyone not wearing a tin foil hat that it is a slam dunk for Goodell why would the NFL counteroffer?

  7. The Goodell letter slams every point Brady made especially the science. They had the AEI guys AGREEING with Exponent results and Marlow confirmation. Someone tampered with the balls and two guys who Brady DID NOT bring to his appeal sit suspended because of it.

    Even without the phone destruction there is a lot of circumstantial evidence that meets the NFL standard. The timing of the phone “replacement”is clearly suspicious. This is even more true because he didn’t destroy his previous phone. When asked why not, no response.

    Does anyone believe with the caliber of Brady’s legal counsel that he did t know he could be penalized for not proving the phone?

    He is a laughing stock and the butt of jokes everywhere and rightfully so. Should’ve just owned up.

  8. I love how the defenders are still stuck on the physics of air pressure. It is a FACT the balls were tampered with. Regardless of the severity of game outcome this is Cheating. Brady is in trouble for the coverup. Any innocent person would go out of their way to proclaim no wrong doung. All he did was not cooperate and then destroy the only evidnce that could free him from the allegations. Sorry, Patriots Fans but you really need to take the blinders off. Yes, he is a great QB, but he also is a Cheater and the rest of the world knows this. OK, defend on…. But you really look foolish and the good thing for you is being anonymous.

  9. .
    PR Marketing 101

    When a product isn’t selling (ie the Wells Report) , change the narrative and get a new product to sell (Brady destroys his cell phone).

    Next, stage a big product launch, complete with full scale media blitz. That will give you the high ground and the unwavering support of those who only get their NFL news from the Goodell Channel, or its affiliate, ESPN.

    Lastly, be relentless in telling everyone that the Wells fiasco, ideal gas laws etc no longer matters. It’s all about the secret, undisclosed information which ties Brady every crime ever committed.

    However, if their case was so airtight, why do you need a marketing campaign?

  10. I’ll speak for all the people that claimed Brady making a settlement offer is an admission of guilt. Likewise, the NFL making a counteroffer is an admission that their case is weak.

    I don’t believe either is necessarily true, but you can’t apply that reasoning to one side and not to the other.

  11. Tom Brady must have thought this was no big deal too in Aaron Hernandez’s trial:

    “New England Patriots star Aaron Hernandez allegedly tampered with his own home security system and hired cleaners to scrub down his house, hours before a drinking buddy was found dead nearby, according to broadcast reports.”

    …I mean, what so he got his house cleaned during an investigation. I mean, things get dirty and no reason to not do that…right? No reason to wait at all.

  12. The cell phone story is nothing more than NFL propaganda. It does nothing to change the fact the NFL has no evidence the footballs were Deflated. Perhaps more revealing is the fact Goodell supports Exponents findings. The well documented, for hire firm that has had a court order issued against them. He finds them and Dr Marlow (who for the record is being paid by Wells) more believable than AIE and countless other scientists who are being paid by nobody to offer their opinions.

    A single statement in a footnote on page 13 of Goodell’s ruling tells you everything you need to know about Deflategate:

    “I do not accept the argument, advanced by NFLPA council on Mr Brady’s behalf, than in failing to provide information from his phones to the investigators, Mr Brady was acting on the advice of counsel”

    That’s it, no further explanation. Just Roger doesn’t believe Brady was advised by his counsel to hand over the phone. What exactly would Brady’s lawyers be advising him of then? But unfortunately, as Deflategate has taught us, Goodell doesn’t need to explain or prove anything. He can hand out the largest penalty in the history of the sport without proof.

  13. Tom Terrific won’t ever admit it. He wants to be able to retire and then claim he never admitted nor was it proven he did anything wrong and hope it washes away from memory. The only thing that can make this go away is if the loyal Tom Brady and Patriot fans lobby him to accept the punishment and move on. I have yet to meet a Pats fan who is willing to do that, they have complete blind loyalty to someone who only cares how he is judged.

  14. Stephen A. Smith scooped all the experts that claim they have connections in the NFL headquarters.

    They all have egg on their faces and now everybody scrambles. The great Greg Kessler, who was gonna wipe the floor with Goodell is silent because he knows his reputation means nothing. He has no case. The NFLPA is wasting the players’ money.

    Don Yee killed any chance of a deal long time ago and as I stated from jump, should have been fired!

  15. Brady is arrogant and a narcissist unable to admit his wrongdoing much like Adrian Peterson.
    What?! AP admitted some guilt in a court of all, and issued an apology stating he knows what he did was wrong.

  16. Brady says no deal was offered. Since Brady has the reputation of being a liar and a cheat, only NE sycophants can believe him. Rest of us are glad to see this wanker cut down.

  17. People ask why would the NFL make an offer of their case is strong. How about, because having Brady admit guilt and take two games is a much better PR move than a 4 game suspension with his defiance. It proves they were correct all along, and gives the NFL and Goodell much more credence.

  18. If you’re keeping score, even the Haters have to have noticed how Goodell keeps moving the goal posts.

    The Wells Report says – as was reported here – that they never asked Brady to give up his right to privacy – just provide copies of the texts in question.

    So Brady shows up with that and a list of everyone he texted with.

    So Goodell moves the goalposts – “NO – now I assert you have no right to privacy – so hand it over.” The NFLPA says “no way” and if Goodell wants to violate the privacy of everyone Brady texted with – he needs to ask them directly.

    That’s not a sign of guilt – that’s a sign of sanity – and Roger Goodell’s INSANITY

    The Wells Report – a $5 million 100 plus day “investigation” by a guy who ESPN says has received $45 million from Goodell in 2 years – only asserts (with no hard evidence) that Brady was “generally aware” of something that “is more likely than not to have happened”

    NOW Goodell asserts that Brady was DEFINITELY aware of something that DEFINITELY occurred. Where the heck is THIS new allegation coming from???

    Once other reporters review this latest chapter you’ll see more like Florio come out in Brady’s defense

  19. Listening to BB’s presser you can tell he is worried that his name will possibly come up and he is avoiding any question related to the organization so he cant be labeled a liar. From the organization it is really become desperate and laughable.

  20. He refuses to admit blame, sure.

    But the texts on the phones of the lackeys that WERE used as evidence make his guilt pretty clear.

    What part of this is hard to understand?

  21. For all you haters out there, it says right in the report that :
    “In sum, the data did not provide a basis for us to determine with absolute certainty whether
    there was or was not tampering”

  22. I find it “unfathomable” that any rational human being, Tom Brady included, could conclude that the case against him has not been proven. The “Ideal Gas Law” nonsense is discredited by the simple fact the re-inflated balls lost no air pressure in the 2nd half, when it was actually colder. Like the Commissioner said, the only way the Pats balls (and only the Pats footballs) could lose as much air as they did is with human intervention.

  23. A settlement offer that requires Brady to LIE and say that he did something wrong, LIE some more and say that the equipment guys did something wrong, and LIE again by offering an apology for something he did not do is not an offer to be taken seriously, whether it was in writing or not

  24. Destroying evidence that would exonerate you from the cheating claims is exactly what innocent people do. SMH

    Here is your counter offer, Mr. Brady, lets bump the suspension up to 8 games.

  25. .

    ” The great Greg Kessler……. is silent. He has no case ”

    That’s an unusually moronic comment, even by your standards. What did you expect Kessler to do? Try the case in the media? Appear on the Bachelorette? Lawyering with the Stars?

    It may come as a shock to you but sometimes lawyers do their actual work in court, in front of a judge, not someone named qdog.

  26. When will this stupid story go away! Am I the only one who doesn’t care about this anymore?

  27. Too bad Brady is liar.

    Check the fumbling data.

    When did Belicheat first speak to Brady about Deflategate? “Reportedly” on thursday after AFCCG, more than 3 days after story broke according to the Wells report. That’s a good laugh. Belicheat was on the phone Brady destroyed.

  28. “It is a FACT the balls were tampered with.”

    No it isn’t. In FACT the opposite is true. There is no evidence the balls were tampered with at all until the Colts checked the air pressure of the intercepted ball on the sidelines (which deflates it, for those of you who don’t know how balls work).

    When the balls were checked later – as is made clear by the Wells report despite his obfuscation of reality – none of them showed evidence of tampering beyond doubt. You can’t punish Brady for most likely being aware of ball tampering when there isn’t any proof that the balls were tampered with by anyone other than the Colts sideline.

  29. Check Belicheat’s phone. He surely talked to Brady about Deflategate much sooner than the Thursday after the AFCCG as stated in the Wells report. The story had exploded into national media 3 days earlier and threatened the availiblity of Brady for the SB.

    Belicheat was on the phone Brady destroyed.

  30. I wouldn’t be a bit surprised if Brady did come out finally and admit he did know and he did order the balls deflated. And still Pat’s fans will say it isn’t true…that’s okay pats fans he is your hero, but he is also a big liar…who’s trying to look innocent, which is failing completely…or probably claim that he was forced to admit guilt.. like fans have an excuse for everything that comes up…lol, as if it was the first time they cheated….

  31. TheDPR says: “It is a FACT the balls were tampered with.”

    Like Goodell if you say it enough that doesn’t make it true. Wells spent $5 million and 100 plus days to find that he THINKS Brady was “generally aware” of something that “is more probable than not to have happened”

    Goodell ignores his own $5 million report and now says that Brady was DEFINITELY aware of something that DEFINITELY happened.

    Wells said that the NFL did NOT want Brady’s personal cellphone (that would be an invasion of privacy not just of Brady – but everyone Brady ever talked or texted with) – just provide copies of relevant texts or emails

    Brady then provides that and Goodell moves the goalposts and demands Brady’s personal cellphone (???)

    Don’t be as gullible as Goodell HOPES you are!

  32. While I really do not care, should we not be glad that finally the NFL and society as a whole is holding someone with elite status to a higher standard? Instead of the undereducated, poor, pot smoking individual that gets curcified in the general public. People say they are tired of the really rich getting off easy, maybe it’s good Roger does not care to be popular?

  33. Florio, as a professional that has been negotiating settlements for 25 years I can say categorically that the “offer” you outline was not a “real” offer. In the business, it is what we refer to us a “nonstarter”. It is the equivalent of a prospective buyer telling someone selling their home which is listed at a market rate price that they offer a 25% discount to the asking price and want the seller to take back a second mortgage.

    The NFL leaking the offer is grandstanding to the public.

  34. Brady first says his cell phone was broken and that’s why he got a new one.

    Now he’s saying it was broken because he’s in the habit of destroying them when he gets a new one.

    that’s two completely different scenarios… but either miraculously occurring the day before the Wells interview is a smoking gun

    he’s also in the habit of adding asterisks to the Pats record

  35. These people are pathetic. Its like they have no grasp of the situation or that they are repeat offenders. Its time to end this, I am tired of the Pats propaganda and spin, you have already lost in the court of public opinion.

  36. Not only has Brady lost this battle with the League and certainly in Public Opinion (except the mindless Pats sheep who have no personal morals). You keep claiming he should Sue? Here is a fact, Brady should be happy this was a corporate hearing. Had this been a legal trial… He would be found Guilty of Tampering with Evidence. Innocent people NEVER do this!

  37. More lies from Brady. It is easy to see why he goes silently into hiding now. When he opens his yap it only makes his case worse. And loses any standing he might hold with the NFLPA.

  38. I still believe Brady should be suspended for a year for not cooperating fully. After all, most people who don’t cooperate with their employer lose their job permanently. It is the natural consequence of making that decision and you live with it.

    That said, I’m not convinced he conspired to deflate footballs. If he is innocent, he shouldn’t (and didn’t) agree to the terms the NFL laid out. I’d rather take the full suspension and truthfully say until my grave that I didn’t do it than take a 1 game suspension and LIE and say I did.

  39. Goodell is cute. Throw yourself under the bus Brady and make us look good. We will let you play 2 less games.

    You losers now chanting that Brady ” cheated” to win the SB. Must make you feel good to wallow in lies and self-delusion.

    What page(s) in the Wells Report does it say that: 1. Brady asked the ball boys to deflate the ball under regulation? 2. What page does it says the ball boys admitted that they deflate the balls under regulation at the behest of Brady? 3. When did Brady ever said that he wants the ball deflated below regulation?

    The ball boys did not get fired. Suspended and ONLY the NFL can give their jobs back. Not even Kraft can give them their jobs back. Clear enough? And no… Kraft do not own the macaroni and cheese.

    Brady apologize? Maybe for being Attila to his opponents.

  40. Keep up the stalemate Brady….and the courtroom artist will publicly issue another portrait of you for the world to see!

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