Brady testimony: No one said I’d be disciplined for not producing phone

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The four-page lawsuit filed Tuesday by the NFL in Manhattan says nothing about the nuts and bolts of the Tom Brady suspension. The 54-page lawsuit filed Wednesday in Minnesota by the NFLPA says plenty.

On the question of whether Brady can be suspended for failing to cooperate with a league investigation, the NFLPA argues that the NFL cannot suspend him because the NFL had never suspended a player for failing to cooperate with an investigation. In support of that position, the NFLPA quotes former Commissioner Paul Tagliabue’s ruling that exonerated all Saints player in the 2012 bounty scandal.

“In my forty years of association with the NFL, I am aware of many instances of denials in disciplinary proceedings that proved to be false, but I cannot recall any suspension for such fabrication,” Tagliabue wrote. “This is no evidence of a record of past suspensions based purely on obstructing a League investigation.”

As further evidence of the applicable precedent, the NFLPA points out that Brett Favre was fined $50,000 and not suspended after the league concluded he was “not candid” during a sexual harassment investigation, a circumstance Tagliabue expressly cited in throwing out the Saints suspensions based on alleged obstruction of the NFL’s investigation.

Beyond the big-picture question of whether the NFL has secured via collective bargaining the ability to suspend a player for obstructing an NFL investigation, the NFLPA lawsuit contends that no one told Brady that discipline could be imposed for failing to surrender his private text messages and emails. At paragraph 72 of the petition to vacate the arbitration, the NFLPA alleges that “Brady testified that it anyone had told him he could be suspended for declining to produce the private communications, he would have produced them — notwithstanding the advice of his agents-lawyers.”

On one hand, it’s easy for Brady to say that now. On the other hand, why didn’t Wells warn Brady that he could actually be suspended for failing to cooperate? Apart from ensuring that Brady was fully aware of the consequences of refusing to comply, this is one of the legitimate tactics available to a $1,000-an-hour (or even a $10-an-hour) lawyer to get to the truth.

“Tom, I know you don’t want to give me the phone. But you need to realize that, if you don’t, you could be suspended.”

If Ted Wells truly never said that, then maybe he should be suspended.

Which leads back to the bigger question of whether Wells wanted to get to the truth, or whether Wells wanted to get to a predetermined conclusion. Based on the lack of cooperation, Wells drew an “adverse inference” that Brady was at least “generally aware” of alleged tampering by John Jastremski and Jim McNally. Which allowed Wells to get to a conclusion that cheating occurred, and which arguably bolsters NFLPA executive director DeMaurice Smith’s previously-stated position that “the Wells report delivered exactly what the client wanted.”

For more from the NFLPA’s lawsuit on the actual “independence” of the investigation, stay tuned.

211 responses to “Brady testimony: No one said I’d be disciplined for not producing phone

  1. Not showing your phone isnt a punishment, but it adds to the guilty verdict. And stop comparing Favre’s OFF FIELD issue to Brady’s ON FIELD issue. Completely different. Goodell had to make a guilty or innocent verdict, he had enough evidence based on JJ and JM text messages and the balls being found under inflated at halftime. Tom not showing his phone is jut another cog in the machine.

  2. Brady knew he needed to cooperate. The NFL does not have to give him a 500 page document that outlines what cooperation is and isn’t. This is like when Bill Clinton tried to argue what the meaning of the word ‘is’ is. Tom destroying evidence and not making witnesses available is not cooprating.

  3. The fact remains if the League had quickly corrected the erroneous NFL report it that 11 out of 12 footballs were 2 pounds under we would never be where we are right now.


  4. ‘I did something wrong because no one said doing something wrong was wrong’

    – Tom Brady

  5. Brady loses the PR battle, but Goodell loses the war. The commish was way out of line here, and we’re only beginning to see the depths of this fallacy.

    The phone was a red herring. Goodell fooled the ‘sheep/fans of 31 other teams’ into thinking that the case was about obstruction, and not the faulty science that the NFL paid for.

  6. Brady 1: “I wasn’t going to surrender my phone under any circumstances.”

    Brady 2: “No one said I’d be disciplined for not producing my phone.”

    2 sounds like whining after getting burnt running on 1.

  7. Maybe these guys gotta study the rulebook and figure it out.

  8. The NFLPA filing makes very compelling arguments in Brady’s favor. The fact that the NFL is penalizing Brady under a policy that applies to teams instead of players (ball tampering calls for a “modest” fine for players) and was never collectively bargained to apply to players is going to be tough for the NFL to overcome.

    Hard to believe the Wells report was independent when Jeff Pash had his hands all over it.

  9. It’s this simple.

    Refuse breathalyzer = charged with Dui

    Refuse drug test in sports = charged with drug violation

    Knowingly being investigated and fail at that time to be completely forthcoming = obstructing investigation.

    High school petulance by Brady and his council claiming ignorance


  10. Wells was not the one to tell Brady he would be suspended. Wells did not dole out the punishments here. It was not his place or job to tell him the outcome of his underhanded evasion of the truth. You apologists and excuse makers for Brady are just another version of the OJ jury. No DNA, No footprints, no bloody glove, no mountain of circumstantial evidence will ever convince you of this guys guilt. Use common sense! Forever tarnished!

  11. No one ever told me I’d be paddled in 8th grade for not turning in my homework. I didn’t and I was. Did not happen again, by the way.

  12. A witch hunt by the NFL offices from day one. Obviously wanting to take down the big dog for their own reasons. Someone needs to tell the NFL that the Pats were already punished for Spygate and there is no concrete proof there was anything done wrong in this case. Had the NFL had common sense ball security in place this would not be an issue. Frankly the proof against the Patriots is shaky at best. The NFL offices were obviously out to nail the Pats no matter what the real facts were. They had a report crafted that quite frankly had a conclusion before it was written so it was crafted that way. The NFL will lose in court and as usual will be made to look foolish.

  13. But he wasn’t suspended for not producing the phone, he was suspended for 4 games for the findings in the Wells report (sham that it was). Surrendering his phone (“cooperating”) had a chance at reducing or eliminating the suspension. The phone was not produced, therefore they upheld the suspension.

  14. Brady is the whiniest crybaby in the history of sports. His lawyer and all his defenders are as weaselly as any lawyer can be. That will be their legacies.

  15. Roger has nuked the reputation of the entire NFL. There was ONE solution for the good of the game and ALL parties involved and that was for Roger to say HOLD ON…this issue of air pressure is uncharted territory…we are going to put new procedures in place and move on with the greatest game in the U.S….NFL Football. By putting the shield first Roger would’ve sent the message that nothing is larger than the shield. Unfortunately, Roger decided his REPUTATION was more important… months later, one of the GREATEST QBs of ALL TIME…has taken the same course. Now the battle will continue in Federal Court as we prepare for the 50th Anniversary Season of the Super Bowl……hopefully Tom will be there to accept the Lombardi from Roger….wouldn’t it be great if he is the first to accept #50!

  16. Really? That tired alibi? How old are you again? 12? No one told him not to destroy evidence … LOL.

  17. This is getting sickening. Brady, the NFLPA, his lawyers, and agent are looking any loophole they can find. Throw enough crap at a wall and hope something sticks.

  18. Wells states Brady was “generally aware” of appearing…yet no evidence of tampering was found. This is why the NFL has changed the narrative to foci on Brady’s phone

    Brady is too intelligent to perjure himself. If this was a conspiracy, as Wells claims, Brady needs to have confidence that McNally and John Jastremski will also perjure themselves. Even made men in the mafia turn on their bosses, even when faced with a death sentence….hard to believe McNally and Jastremski would continue to lie for Brady.

    Goodell realized the balls were not tampered with , so he now argues the penalty is due to Brady not cooperating…yet there is no precedent for such a suspension…Goodell made this into a year long diversion to misdirect the media from his mistakes running the NFL and to appease the Patriot haters

  19. Brady may have never been told explicitly that he had to turn over his phone or be suspended, but does the CBA or any of Wells communications say that a player must cooperate or face disciplinary action? Maybe it doesn’t say anything about cell phones specifically. It makes me wonder if the Browns personal cell phones were turned over or requested.

    Tom seems to have a legitimate argument here I guess, but at the end of the day he didn’t cooperate even though his lawyer could have screened what was turned over. It’s like entering into a settlement. Just because you can escape on the technicality of protecting your privacy doesn’t erase public perception. This could have been minimized for what it was early on if he would have just cooperated or admitted the guys may have taken his preference on football pressure too far.

  20. If people don’t think this was a screw job by now, I feel bad for you. I knew it was a screw job the moment the Well’s report came out and it had the PSI levels of the footballs. I wondered why the NFL and league executives (Roger Goodell) never disputed Mortenson’s tweet about 11 of the 12 footballs were 2 PSI’s under the legal limit.

  21. The witch hunt Goodell and his “independent” contractors are putting on here would make the people of 1690’s Salem blush.

  22. Just another example of the being done by the keystone cops. Topping the golf ball.

  23. since there is a lawsuit, the nfl can get his cell phone records. then crybaby Tommy can be suspended for 8 games!! what a whiner??

  24. I don’t think it was Ted Wells’ responsibility to tell Brady that he could be suspended for no producing his phone. Suspensions or threats of suspensions weren’t Ted’s job…his job was to investigate. Also, Robert Kraft pledged full cooperation from everyone in the organization and Brady is part of the organization. If my boss pledges my full cooperation and I don’t fully cooperate then I’m getting in some type of trouble depending on the severity of the situation.

  25. If this is accurate than this is an even bigger
    farce than one could believe, conducted by essentially a bunch of amateurs. That Means Ted Wells. That means the NFL.

    They are a joke and this thing needs to end.

    The fact that these amateurs are attempting to
    tear down the reputation and legacy of one of its
    very greatest players is disgraceful, and even
    mind-boggling considering how much money the
    league makes off of him. He is basically the face
    of the league. Mark Cuban was right…the NFL IS
    about to kill the Golden Goose.

  26. Ted Wells, in defending himself against what he said were attacks on his integrity made a point of emphasizing that it was incongruous to him that the league might want to find evidence of misdoings by one of the iconic players in the history of the game, and he found nothing to back up that claim.

    Why then, Mr. Wells, does the NFL infer that the absence of evidence is evidence against Brady?

    Why didn’t the NFL take thee opportunity to do more due diligence on the phone records if it had the chance of either exonerating Brady or changing the preponderance of the evidence?

  27. The league was not investigating an alleged affair. The investigation was about breaking league rules and the investigation lead to messages on the phone.
    If this argument is the basis of the suit, it should be thrown out by the first judge to see it, within minutes.

  28. I’m pretty sure the punishment itself wouldn’t be Wells’ responsibility, and should have been assumed that the destruction of evidence points to guilt. Come on, Tom, you’re a smart guy, I thought.

  29. He was suspended for his role in cheating. Lets not confuse the situation.

    Impeding the investigation was just more evidence of his guilt.

  30. In the immortal words of Eddie Murphy “We know you did it. Just admit it.”

  31. Only the most delusional “Bostonian” (all of them) does not see how incredibly guilty Brady is and how absolutely corrupt the whole Patriot organization is.

    The Patriots are the worst example of sportsmanship and integrity outside of FIFA and everyone else in America hates these cheaters.

  32. I am guessing the phone had either pictures from a mistress or something of the sort that Tom did not want getting released to the public. Pretty sure all the owners would also not like all the info on their phones released to the public.

  33. “Notice and Precendent” is absent here. The NFL is going to lose in Federal Court and they know it. What’s really scary is the one who runs the League cares more about his personal reputation and position in the League than the League itself. That will ultimately lead to a downfall of Roger, the League, or both.

  34. Once again the league (Goodell) is trying to make it up as they go and even arm chair lawyers like myself can see through the non-sense.

    They had no right to the phone so he can’t be suspended for not providing it.

    They proved nothing with the Wells report.

    They’re going to lose to Brady and the NFLPA.

  35. “Which leads back to the bigger question of whether Wells wanted to get to the truth, or whether Wells wanted to get to a predetermined conclusion. ”

    Is there really any question about this? Every single assumption made by Wells in his report is required in order to reach the conclusion that the NFL league office assumed to be true on the night of the AFC Championship game.

    I have said this repeatedly, and I will continue saying it – the NFL League Office has not acted in good faith. They made a decision on the night of the game, and all actions since then have been aimed at validating that decision, rather than actually seeking the truth. And Wells is part of it.

  36. Let me get this straight. Brady refuses to cooperate, and that’s Wells’ fault?! Is that what I’m supposed to believe?

    Ok, so that must mean Wells suspended Brady. Wait, that’s not what happened. That’s like a criminal telling a judge that he didn’t know he would be in trouble for lying to the police because the officer never told the criminal that the judge would penalize him for it.

    Brady did the crime. Brady does the time. Sometimes, it’s really that simple. Btw: just because nobody had ever been suspended before for lying and not cooperating, does not, in and of itself, mean nobody can ever be suspended.

  37. If the courts take up this case, Brady wins easily. Too many prejudicial elements from intentional media leaks of false / misleading information (2# under ball inflation numbers / destroyed phone narrative).

    Common sense would tell you that any person (including you few trolls that actually have a job) could not get a fair disposition in their employment dispute with such employer tactics.

  38. Is Brady just an idiot or what??? Same for his lawyer, they both knew that the phone was paramount.

  39. Because Brady is apparently 4 years old and needs to be told the consequences? He is smart enough to know what the CBA says about cooperating with investigations.

    There is a big difference between being “less than candid” which everyone is to some extent and deliberately destroying evidence you know is being sought.

  40. “But no one told me I’d be fined if I drove faster than the speed limit”. Idiot. Yes Tom, people will punish you for destroying the evidence they ask for even if you went to the Aaron Hernandez School of Law.

  41. I don’t think it was Wells responsibility to alert Brady to a possible suspension for not turning over his phone. Wells is only an investigator for the NFL. I do think someone in the league office was obligated to make that clear….
    Question for Florio- is there any chance that Brady ends up on the paid commissioners suspended list pending resolution of the legal cases? I think this was the same process used to keep Peterson and Hardy off of the field pending the resolution of their cases, and the league argued that is wasn’t a punishment because they were being paid. Would Goodell try playing that card?

  42. The NFL should really stick to the “he was suspended because of the preponderance of evidence that he was at least somewhat involved in illegal activities to circumvent the rules of the league. The fact that he obstructed our investigation and was not cooperative as required under the mutually-agree-to CBA, along with no new evidence to support his innocence and undermine the findings of the Wells report, was used as enough rationale to uphold his suspension.”

    This doesn’t need to be a slam-dunk, smoking gun, 100% evidence-of-cheating case. Ted Wells crafted his report to stand up in the American justice system….”preponderance of evidence” supports that some members of the Patriots organization took part in trying to adjust football pressure to gain an unfair advantage over opponents, outside of the rules of the league, and Tom Brady had at least some level of knowledge of what was going on and his footballs were being adjusted prior to games, to the “feel” that he preferred.

  43. From the beginning, I have supported the principle that no employer should be able to compel an employee to surrender their personal cell phone (or phone records), and applauded Brady’s stand. Now it turns out that he supplied the phone numbers of folks that he texted to the NFL! Does he really expect these individuals to do what he refused to do and turn over their personal cell phone records to the NFL? Such hypocrisy is beyond outrageous.

  44. Wasn’t Wells the investigator ? Is it his responsibility to advise the one being investigated what the ramifications are ? Wouldn’t that fall to Brady’s private legal team ? The same ones he hired himself, not NFLPA’s legal team. And if you’re willing to help the investigation by gathering up all the text messages from the other party’s phones, why not just give them access to yours ? It’s the same info, right ? Interesting how he ALWAYS has his phones destroyed once he starts using another one yet was willing and able to produce the one he stopped using months before.

  45. It will be sweet if this shapes up to be Roger Goodell’s Waterloo, with Tom Brady in a starring role once again.

    This time Brady has the potential to be a star for more than just Pats fans, but to all football fans and NFL players.

  46. Why is it the responsibility of WELLS to tell Brady the consequences of not cooperating? Wells was not the decision maker on Tom’s punishment. The NFL should have told him.

    Another point: Wasn’t Ray Rice punished for not cooperating? He was first suspended 2 games. Video emerged. NFL extended the suspension, suggesting that Ray had not been forthcoming. The video revealed details that Ray “withheld.” Wasn’t the indefinite suspension, in effect, punishment for not cooperating?

  47. The Lawyer’s are trying to make it about the phone. Goodell is saying that failure to cooperate with the investigation is the reason the suspension was upheld.

  48. If it was already understood that Brady wasn’t delivering his cell phone, whether a personal decision or legal advice to not set that precedent, why was it any business of the league if Brady wants to get another one?
    For the NFL to blow that up into a bigger story speaks to their lack of integrity.
    Brady was never told hand over the personal phone ‘or else.’ After the league changed game plans, Brady appeared to offer to retrieve what they were requesting even though he had no obligation to do so.
    The league already had phones of the other employees being investigated.
    Further, Gostkowski told the league to pound sand when he was asked to provide his phone.
    I would probably do the same thing.

    As to the “independent” investigation, Kessler and crew are probably having a good laugh over that charade.
    Goodell thinks the report was perfect, and the NFL was 100% awesome in every way they conducted themselves.
    If they weren’t, surely “the Wells report would have addressed that”.
    10.5 Roger, you weasel.

  49. I am still shocked that the team that cheated gets to keep the title they won WHILE CHEATING.

    The NFL is an embarrassment to the United States of America.

  50. The idea that the NFL can’t suspend a player for not cooperating with an investigation simply because they haven”t done so before is asinine. Barring language in the CBA preventing them from doing so the only question is “What took so long?”
    “Waaaa, nobody told me I’d get in trouble for destroying my phone on the day of the deposition and not cooperating!” Brady, are you really that stupid?

  51. It’s nothing but a post hoc excuse by the League that is designed to grab headlines. $5 million, months long investigation that can’t be bothered to follow up on a list of contacts Brady provided. It’s amazing how if you read nothing but the footnotes in every document they produce, you come out convinced of Brady’s innocence. These are people that don’t understand that temperature changes affect ball pressure, and claimed they never bothered to look for or view the Ray Rice video. Why are they in charge?

  52. Perhaps you should read the part about failing to cooperate with the investigation when it comes to being penalized. But your not just being punished for that Tom. You’re being punished for cheating. Something that has been institutional with the Patriots for years now.

  53. Every story gets better. Hopefully every game he’s suspended we’ll have live shot reactions of his face for every boneheaded turnover Jimmy Gameday makes.

    31 fanbases are loving. every. minute. of. this.


  54. What a load of crap.

    “Oh I destroyed evidence and now I am in trouble? If I had only known I would have gladly given you my phone. Darn!” (turn on sarcasm meter)

  55. I still don’t get what the Pats did during road games. People post that their fumble rate proves they played with deflated footballs but their fumble rate is actually better on the road. It makes no sense. I demand another $5 million dollar investigation to explain why the Pats fumble rate is better on the road than at home!!

  56. cry cry cry……no one said I’d be disciplined for not doing my homework. It’s time to grow up Tom Brady and to quit with the mega spin machine and own up. I use to admire TB but this acting like a child and offering up excuses like the dog ate my homework and paying big money to PR firms etc. to put on the spin is getting real old. Keep in mind, it has been the Patriot way (oxymoron) to deny deny deny as far back as spygate.

  57. The NFL never wanted the truth.

    They also just keep bungling this whole deal with each step they take.

    The NFL might want to stop digging, as the hole is now too deep for them to see out of.

    Please stop the insanity…

  58. He’s not being suspended for not turning over his phone.

    He’s being suspended for participating in an effort to knowingly have balls deflated below the pressures deemed appropriate.

    Failure to comply with the requests of the investigation meant that the punishment would be based upon the investigation’s summary findings. Since the investigation’s summary finding was that Brady was aware of and participated in the plan to under-inflate balls, Brady is being punished for that.

    Turning over the phone was his chance to prove that he did not have knowledge of, or direct others to deflate balls. In essence, he chose to plead the fifth, but since the summary had already been made that he was guilty, he’s still guilty.

    If you want to argue that the case that he had direct knowledge wasn’t strong enough, that’s one thing, but that’s not what Brady or the NFLPA are doing right now, they’re trying to get him off by saying he’s being suspended for something there’s no rule about, which is incorrect.

  59. First off why would Wells tell Brady he could be suspended, Goodell is the judge, jury and executioner. Secondly, didn’t the Patriots fire the two equipment managers? Why? Between that and Brady destroying his phone, you would need to willfully suspend all disbelief in order to take the Patriots side.

  60. The judge is going to toss this case and make Goodell and the league look as stupid as they are. Brady won’t miss a game.

  61. “Which leads back to the bigger question of whether Wells wanted to get to the truth, or whether Wells wanted to get to a predetermined conclusion. Based on the lack of cooperation, Wells drew an “adverse inference” that Brady was at least “generally aware” of alleged tampering by John Jastremski and Jim McNally. Which allowed Wells to get to a conclusion that cheating occurred.”


  62. I thought the phone was destroyed Before Brady met with Wells. At that point whether Wells told him of the consequences or not he couldn’t produce the texts. If he now says he could have produced them if Wells had told him the consequences, the question would be HOW, if the phone is destroyed?

    I must be missing something.

  63. So let me get this straight. If I’m at work, and I’m under investigation from my workplace, and I choose to derail their investigation by destroying evidence.

    I am going to THEN pretend like I didn’t know that destroying evidence and getting caught is going to get me into trouble? Regardless if I’m the top producer at the company, you CANNOT AVOID the investigation. You CANNOT DESTROY the evidence they’re after. Why is this a story? Oh, Tom Terrific. That’s why.

    Good lord, I can’t wait for actual Football stories. I’m going to go listen to the Eric Berry interview again. Wake me up when this crap is over.

  64. Whining Tom Cry Brady learned from the worst… the loathsome Robert Graft who is the master of fraud. The lying and the cheating starts at the top in NE and runs all through Robert Graft’s organization.

  65. Surely the NFL will argue that Brady is not being disciplined for not producing his phone, he is being disciplined for deflating footballs.

    Him not handing over his phone had nothing to do with the original suspension. It just meant Goddell didn’t have enough evidence to over turn the four game ban.

  66. Here’s a question for you. McNally is the person that is assumed to be the actual person that let the air out of the balls. He testified to Wells that he did not do it (both equipment guys said they did not do it). Yet no where in the entire Wells report is McNally’s testimony included, not a single sentence. This is the guy that “pulled the trigger” and no where can you find him denying the accusations against him. You can’t tell me that this whole thing isn’t shady. Now this Pash thing…

  67. And this is the crux of the issue here.

    By releasing false information to the press two days after the AFC championship game stating that 11/12 Patriots footballs were AT LEAST 2 PSI under the regulations the league attempted, and successfully so, to sway public opinion that the Patriots were guilty of cheating. The NFL to this day has NEVER publicly discredited that report even though it has been proven to be false. Why?

    Look, I am not saying that Brady is 100% innocent. I understand that the optics, at least from the NFL’s standpoint, look bad for Brady. But are NFL fans really OK with the league’s handling of this situation? Really?

  68. lol “nobody told me there may be consequences to acting like the people in charge have no authority over me”

    The excuses get more laughable every time one of the speak

  69. Getting to the basics. Was air let out of the footballs by John Jastremski and / or Jim McNally ? If not why did the Patriots suspend them ? Does anyone think they did it without the approval of Tom Brady ? Why would Tom Brady say he didn’t know them and then text and call someone he didn’t know ? Why would Tom Brady destroy his phone when he was going to be talking to the investigator ? If indeed he “Always” destroys his old phones when he gets a new one, why does he still have the two previous phones ?

  70. If it’s in the CBA, ignorance is no excuse. Brady should be looking at his own lawyer and the NFLPA to explain why they weren’t aware of the details of the CBA and the consequences for not adhering to it.

  71. While it might seem like it is, the Favre case is not a valid comparison. Yes, both failed to cooperate with an investigation and both failed to produce cell phone records, but the main difference is that in Brady’s case, the outcome had to do with the integrity of the game itself and whether or not he and his team were receiving an unfair advantage that could have led to winning games they otherwise would not have. Favre’s case was purely about his character and had nothing to do with the results of any football game.

  72. From Ted Wells Conference call:

    Q: Ted, You said the NFL did not influence this investigation. What role, if any, did Jeff Pash play in the investigation and what did he have, if any, in the report?

    W: The only role Jeff Pash had was as what I’ll call a facilitator in terms of process issues. If I needed to get access to somebody, I would call Pash. There’s things of that nature. Jeff Pash did not participate in any of the interviews. He did not participate in the evaluation of any of the evidence or our deliberations within our team.

    From Brady court appeal:

    69. Wells further testified that Pash even had an opportunity to comment on a draft of the Wells Report before it was issued. IIr’g Tr. 268:17-25 (Wells); NFLPA Ex’ 210, Award at 19 n.21.

    Hmmmmm. Seems like Roger and the NFL may have a little problem on their hands.

  73. Brady will give up first because a player is not bigger than the whole league, even though the Pats think they are above everyone.

  74. The comparison to Favre is inapt. Favre’s indiscretion didn’t impact the integrity of the game. Also, there is a big difference between lying to avoid self-incrimination and destroying evidence to obstruct an investigation.

  75. Everyone remember when they said Roger and the NFL was toast because of the BountyGate issue? Those were Saints fans who while they won against the NFL did not take down ROger or the NFL. So all you stupid Patri*t fans thinking this will end the Roger and NFL are delusional. The owners love Goodell and the money he makes them. In fact this whole Brady thing has kept the NFL in the mainstream media during its off season.

  76. In a real court it is called spoliation of evidence and a judge will hand you yuor head in a bag.

    You can be fined, spend time in jail or get a summary judgment against you.

    Brady’s lawyers know all of that.

    Draw your own conclusions.

  77. This league makes me sicker by the day. How any reasonable person can support them in amazing.

  78. Are NFL fans aware of the fact that Stephen Gostkowski also refused to give Ted Wells his cell phone during the investigation?

  79. You people have no idea how labor laws work…if you are covered under a CBA and if your employer thinks there may be disciplinary action against you, your employer MUST tell you such….it is a federal law, if your employer does not tell you, they have committed an unfair labor practice, again covered under federal law. Why do you think this is in federal court? Man you haters out there just can’t see anything. Brady will be playing week 1, bet the house on it.

  80. Brady sounds like a 6 year old..

    Oh..but you didn’t tell me I would get in trouble for eating the candy in the store.

    It is obvious, Brady is a once great but tainted QB that never grew up emotionally.

  81. You know who else didn’t produce their phone? Aaron Hernandez. You know why? Cuz he knew there was info on it that would fry him.

    Where is “the Deflators” phone? I doubt he has naked pics of Giselle on his phone…. or does he?

    I’m so sick of the lame excuse from Brady. If you’re innocent, you give up the phone. If someone accused me of something today at work and my phone would help exonerate me, I’d give it to whoever wanted it, no questions asked. You know when I wouldn’t give it up? When I did the crime..

  82. This is the beginning of the end for Roger Goodell and his cronies. The NFL and what once used to be a man’s game is now a sad media circus for pansies.

  83. Why is no one mentioning Goodell refused to give up his phone in the Ray Rice investigation?

  84. Brady and Kraft what a duo. Kraft thinking he can openly bribe a commissioner and Brady claiming ignorance. They both are egomaniacs that need to be humbled so this never happens again.

  85. Common sense says that if Brady was truly innocent, that he would’ve KEPT the phone to prove his innocence. Likewise, common sense says there’s only one reason to destroy evidence. It’s really not that tough if you see through the spin.

  86. Tom Brady has followed a set plan to cover up his role in this. What was his reason for not turning over his cell phone in the first placed. It was based a principal. Not had he already destroyed the phone, but now says if he knew he could be suspended for it, he would have turn them over?

  87. So if some of you think they can get access to his personal phone, you must also think that they should be able to get access to his personal email. And his facebook account. Etc.

    Do you not see the precedent this would be setting?

  88. Haloti Ngata…immediate 4 game suspension as Ravens were trying to make the playoffs last year, because he used PEDS to enhance his performance.

    Tom Brady…delayed 4 game suspension so he could play in the Super Bowl, because he created an advantage not just for himself, but for the whole New England Taints team.

    Different Rules,

  89. Maybe Brady’s lawyers should have asked what the consequences could be if he didn’t turn over his phone? They didn’t even ask?
    Sure put it all on the investigator who is gathering information only, not imposing discipline.
    Cheaters to the core of the organization.

  90. I Love watching Tom Brady play football.
    I can’t way till He is on the field doing what he does best…. shredding the AFCE and then the usual bumps in the road (ravens, broncos and colts)

  91. I would love to hear Kraft’s take on the destruction of the phone without letting his lawyer see his texts first, knowing that the league had requested those texts and then hiding the phone destruction for months.

    Then claiming that he routinely destoys old phones while producing an old phone that was not destroyed.

    Kraft won’t touch that subject with a 10 foot pole as that would spoil his rhetoric.

    Everything related to the phone destruction stinks to high heaven.

    Also turning over a list of people he probably talked to is very very different than turning over the actual text messages. Not only is the data most likely lost from those phones either through destruction or time but most of the recipients can not be compelled to give the NFL the texts in the first place.

    The only people buying this story regarding the cell phone are his lawyers, his wife, and his mother.

  92. Far be it from me to defend Tom Brady, but Brett Favre was not suspended for failing to cooperate with the NFL investigation into his texting scandal. He was FINED.

  93. Actually that’s not too bad of a point from Tom as the deflated ball part of this story realy only accounts for 2 quarters of the four games. The other 3 1/2 has more to do with not bowing before Lil Rogey. Not that it exonerates Brady, it’s just a salient factor to the most overrated scandal in the history of scandals.

  94. If you were accused of any crime or wrong doing and you really didn’t do it. Would you not be screaming at the top of your lungs I didn’t do it, I don’t know what your talking about, here is every piece of evidence that you need, cell phone, home computer, note pads, barbers number, I didn’t do it. But what did Tom do ?

  95. Regardless of the outcome of the case, I may never watch another NFL game once Brady and Belichick retire. The League has become an absolute farce. No integrity, wildly misplaced priorities, and people at the league offices unabashedly conduct vindictive sting operations on a successfully but nationally unpopular team to curry favor for their badly tarnished commissioner, and the idiot brigade across the country eats whatever is fed to them because they too have agendas against the Patriots. Need I remind you that the majority of this country is comprised of The South and The Midwest? Not really epicenters of culture and intelligence, it’s mostly trailer parks and Walmarts, so it’s no wonder you guys need your local teams to look good by comparison. You guys say Kraft pulled an about-face….how about YOU PEOPLE??? 7, 8 months ago, 95% of you wanted Goodell gone. Now you want to throw him a ticker tape parade. I really hope Brady gets a fair shake in court, because to support this hatchet job and smear campaign by the league is downright un-American.

  96. Ever since Roger Goodell took over as commissioner of the NFL I’ve learned never ever to take what comes out of the league office at face value. It’s either a lie or a twisting of the facts…..

    1. Bountgate
    Accusation of Jonathan Vilma placing $10,000 bounty on opponents. No proof provided.

    Anthony Hargrove accused of demanding payment for a bounty on tape. The only issue is Hargrove stated it wasn’t him, had players back him up that it was another player and the context the NFL was trying to apply it to was false.

    A bounty ledger the NFL produced that they claim proved there were cart offs against the 2009 Bills that was quickly debunker and when proved false the league changed the opponent to the 2009 Panthers and that too was debunked. So 3rd times a charm the league then said it was against the 2010 panthers.

    So upon investigating the 2010 panthers game every single one of the cart offs/injury inflicted on 2010 panthers were clean legal hits that were not flagged.

    I can go on and on about Bountgate but will spare you…..

    2. Cowboys/Redskins salary cap penalties for violating the salary cap during an uncapped year.

    During the 2010 season after the owners opted out of the CBA as a prelude to a player lockout the provisions of that opt out demanded that 2010 be an uncapped year. This was put in place presumably so the owners would think long and hard before going that route and there were other things in place that hurt the players if the CBA was opted out of……But the owners being who they are held a double top secret meeting in which they colluded and agreed to a cap amongst themselves. The Cowboys and Redskins did not follow along with the collusion. So after the lockout and once the new CBA was signed the league turned around and heavily penalized the Skins and Cowboys for “violating the ‘spirit’ of the salary cap” aka refusing to play along with their collusion scheme. Unbelievable.

    3. Ray Rice case – The commissioner went light on Rice for his assault on his fiance in which he was suspended only 2 games, which was the NFL norm at the time. After a video came out and public outrage ran supreme the league suspended Rice indefinitely and Goodell claimed that he did so because the video showed Rice was ambiguous/dishonest in his initial meeting. That lie was put to rest when a truly neutral arbitrator heard the case and sharply criticized Goodell coming just short of calling him a straight up liar and over turning his penalty. Now no matter how you felt about Rice a strong commissioner would have stood up said he got it wrong but he can only suspend Rice 2 games because 1. That was his initial ruling and it would be double jeopardy if he did otherwise and 2. That had been precident. But moving forward the penalties would be 6 games for a first offense…etc.

    4. Adrian Peterson – NFL rep Troy Vincent lies on a taped conversation and states Peterson would only be suspended 2 games for abuse/discipline of his son whichever way you view it. Peterson was then suspended indefinitely and would need to meet with the commissioner to get reinstated. Ater the NFLPA took the league to
    court Peterson’s indefinite suspension was vacated by the court.

    5. And now we have deflategate. Anot her case in which the league has leaked lies “10 of 11 balls under deflated”, held a sham independent investigation, and suspended a player 4 games not for the actual crime, because the sham of an investigation has been thoroughly debunked by independent groups, but suspended him for what they claim is refusal to cooperate with the investigation.

    I’m sure I’m missing some more but you get the gist. Goodell as a disciplinarian is a complete joke. The league may be making record profits, though I think any competent CEO level person could do the same, but as someone who is trustworthy and capable of making fair consistent and LEGAL discipline decisions the man is a joke.

  97. When you dominate everyone (except NYG) for 15 years, and have a smug head coach, you’re going to make enemies. Everyone happy today about this ask yourself: who is to blame here, Brady and the Pats for MAYBE letting out a little air, or Goodell and NFL for turning this into an inferno?

    Read everything to see that Brady cooperated, a lot. But even in high stakes civil litigation, NO ONE EVER gives up their phones.

  98. Mike, don’t try to use any logic here. Patriot haters still believe the phoney Mort report, they ignore science, they ignore that the Colt’s footballs also tested below 12.5 PSI. They are like little children that cry cheaters when they can’t beat their opponent on the playing field. PSI didn’t matter in the second half of the Colts game or the Super Bowl but facts don’t matter to crygaters. I hope there is a deep investigation in to the NFL front offices that have led the scam to frame the Patriot’s.

  99. The phone itself it irrelevant. He gave Goodell the phone records he asked for.

    There are plenty of reasons that Brady didn’t want to hand over his phone to the NFL beyond deflated footballs (which, you know, it hasn’t been proven were actually deflated). Stuff in his personal life that he didn’t want his wife to find out about, or the public, or for the NFL front office to leak to ESPN every hour on the hour.

    Look, Brady and his camp have not done themselves any favors in all this, but neither has the NFL. All the Pats haters should be honest and admit that there have been plenty of fishy aspects to this whole thing from the start, on both sides. AND – Goodell is a fool for letting this thing get so out of hand. It’s not good for the league.

  100. The Ravens beat ’em in 2007-refs cheated. Pandemic. Cheetahs forever-4 asterisks.

  101. “Tom, I know you don’t want to give me the phone. But you need to realize that, if you don’t, you could be suspended.”

    If Ted Wells truly never said that, then maybe he should be suspended.”

    Spoken like a true plaintiff’s lawyer Florio.

    He’s a grown man, for cryin out loud. He knew exactly what was at stake.

  102. Hogwash. I personally don’t think Brady has been proven guilty of tampering with the balls but his argument here is weak. Precedent is a legal term and doesn’t necessarily apply to a corporate disciplinary process. I don’t believe anyone has ever been suspended for taking a dump on the 50 yard line at halftime but, precedent or not, you can bet your bottom dollar that a player would be suspended for doing so.

    I think the NFL has botched this entire episode and the penalties don’t match the evidence but I don’t believe the NFLPA has a lot of ground to stand on in the court. It is not about the Wells report being sound. It is about the Commissioner’s authority to review it and make a subjective decision on the likelihood of an infraction. The union authorized that process in the CBA and are now challenging it in court because they did not get a favorable outcome. I think the court will defer to the CBA process unless there is a drastic procedural violation identified.

  103. He wasn’t punished for refusing to produce his cell phone. He was punished for cheating by deflating footballs. Failing to produce his phone in an attempt exonerate himself, indicates the phone contained evidence to condemn him.

    The suspension was not reduced because you failed to produce your phone. The punishment Tommy boy ,was for cheating.

  104. Guess you shoulda read the rule book, Tommy Tearful!!


  105. This is like George Costanza pleading ignorance over having sex in the office with the cleaning lady because no one ever told him it was wrong.

    Costanza/Brady: “Was that wrong? Should I have not done that? I tell you I gotta plead ignorance on this thing because if anyone had said anything to me at all when I first started here that that sort of thing was frowned upon….”

  106. I love everyone on here ripping Brady, calling him a whiner and a cheater. It must make you feel better to say that. He is a WINNER. All he does is WIN. And he does it with class and integrity (like Manning, Rogers, Luck and others). Every single one of you would want him on your team (well, maybe not if you are from Green Bay).

  107. Sorry, where in Wells’ engagement letter did it state that he was responsible for determining the suspension criteria? If it did, wouldn’t that preclude his impartiality?

    This is the lamest article on this whole stupid affair.

    Yes Tom, that sort of thing IS frowned upon. That and having sex with the cleaning lady. Sorry we didn’t tell you that before.

  108. He still doesn’t get it. He wasn’t “punished” for destroying the cell phone. The suspension was merely upheld. The league came down hard on the Pats because they REFUSED to cooperate. That and the texts from the ballboys.

  109. The whole country knew to produce the phone ….just not Brady? Just more smoke and mirrors coming from him.

  110. Lance Armstrong was a completely respectable, humble winner as well as human being who fought adversity. Nothing against the guy personally- great man! But he cheated and doesn’t deserve the accolades he got in his sport. I dont think brady should be arrested, but i dont think he deserves titles or records when he cheated to get them. Anyone on this site can say “oh .4 doesnt even help”. But the fact is he did it for a reason- to him it helped enough to make it worth it to risk his and his teams legacy. No one on earth can say exactly how much it helped him- which means there is doubt. The definition of ASTERISK: to indicate omission or doubtful matter. Im pretty sure there has been ‘omission’ and a TON of doubtful matter. Hence why it should be “superbowl champs*”

  111. “Maybe these guys gotta study the rulebook and figure it out.”

    They should, the CBA does not allow a player to be punished for not providing a personal phone.

  112. The NFL as an industry requires at least some college, but after years of watching the stupidity of these guys I sometimes wonder why they take up classroom space that some deserving student would actually appreciate and put to some positive use.

  113. Here’s what doesn’t add up to me. Brady is saying that not providing his cell phone shouldn’t be punishable. Truth be told he has a point to an extent. Though it’s not required by law to hand it over, the fact is any reasonable person with some intelligence (which we all know Brady is a pretty intelligent person) should be aware that the phone could be requested by subpoena. Therefore, destroying what could be used as evidence is an indication he was trying to hide evidence. The fact he provided numbers to the other 10,000 texts is good but if you wanted to show you are innocent why not give the most direct piece of evidence. His actions were passive-aggressive to say the least.

  114. I sort of hope they bring up the Vikings and the Panthers, you know, openly cheating with footballs. Hopefully they can get that nationally televised footage.

  115. This is completely awful… why do they need the phone itself. The feds will just TAKE his cell phone records when this goes federal anyways.

    The Patriots always ruin the offseason with their shenanigans.

    If they dont like it, leave the NFL and start the PFL.. the Patsies Fun League, and Tommy can be Jerry the King Lawler

  116. The Tom Brady & Michael Vick defense. Plead ignorance on common sense issues. “I didn’t know it was wrong!” Complete horsefeathers.

    You really had no idea that at some point the texts on that phone may be needed Tom after investigators specifically asked for them?

    You seriously want everyone to believe that you had no idea you were destroying evidence?

    It’s PURE coincidence that the phone was destroyed the same day you met with the investigators?

    C’mon Tom, give everyone a break. Are you really that naive to think people outside of the Boston area or that aren’t NE fans are gonna believe that?

    Patriot fans know, they just refuse to admit it. Ya gotta hope the courts see through Brady’s “lack of common sense/insanity” defense.

    Roger should have upped the penalty to 8 games for Brady’s condescending attitude & thinking he is the smartest person in the room.


    Then it was: “The deflator is just a nickname for a guy trying to lose weight”.

    Then it was: “I SUBMITTED MY OFFER (which was non-negotiable): NO GAMES SUSPENDED. NO ADMISSION OF GUILT. NO MENTION THAT I DESTROYED MY PHONE!!! And the NFL never countered my offer. That’s just plain wrong”.




  118. Goodell needs to be called out for the liar that he is, again,
    just like the judge did in the Ray Rice case.
    Of course the other owners don’t care.
    It’s always been a ‘better them than us’ crowd.
    As long as the money keeps flowing in, Goodell can pretty much screw up as much as he wants.
    And boy does he ever do that.

  119. The fact that Brady and the Patriots keep struggling is ridiculous.
    Everyone, including them and their fans, know they’re guilty.

    The Patriots say there was no wrongdoing, yet they fired the 2 equipment guys.
    Why fire them if they did nothing wrong?

    Brady deliberately smashes his phone the day of the big meeting.
    Why?… Oh all the days to smash it, why that day?

    One of the equipment guys has the nickname “The Deflator”.
    Do they seriously expect anyone to believe it has anything to do with his desire to lose weight?

    That fishy odor we are all smelling is not the breeze off of Cape Cod.

  120. Tom – hey aaron, I have incriminating evidence on my cell phone. How do i get rid of it?

    Aaron – just smash it bro & say the deflator ate it. You’ll be good.

  121. How many different ways can you spell cheaters Brady and Kraft are over achieving cheaters …………now play dumb and roll over like a possum . MVP =JOKE
    Smashing you phone is a true admission of guilt !!!!!!!


  122. “No one said I’d be disciplined for not producing phone”…

    C’mon Tom… now that you’ve heard yourself say those words even you have to admit that is a pretty lame excuse… your phone was evidence in an investigation dude, you graduated from Michigan’s College of Literature Science and the Arts with an emphasis in business and psychology, with a GPA of 3.3 out of 4.0, so we know (at least we think) you’re not dumb… but clearly you think we are.

  123. The NFLPA will get its injunction. Brady will play the season. The federal court will rule that Goodell cannot be both the punisher and the aribitrator.

    The court will remand the matter back with instructions for the parties to secure a neutral arbitrator. Then the hearings will all begin anew and Brady and the NFLPA will be able to present their case before a neutral arbitrator.

    At that stage it is possible that All witnesses will be issued a subpeona to testify under oath before the arbitrator at an arbitration hearing. All of them. McNally, Jastremski, Brady, Walt Anderson, Grigson, Vincent, Kensil, Pash, Exponent, etc. and possibly even Wells and Goodell.

    Discovery will be wide open. The NFL will NOT want that. At that stage, watch the league SCREAM “Attorney-Client Privilege”. The NFL will try to protect all of its communications from discovery. Watch. That’s how top-down monolithic organizations work.

    Brady will supply all of the electronic data he can from his phone and will by then attach names to the accounts. He’s in a position to do that.

    The NFLPA will present its experts to try to establish that the footballs were not deflated beyond what would be expected by science. And the NFL will have to justify its right to punish a player for not providing data from a personal cell phone (even though by then the raw data at least will have been provided).

    Once the arbitrator rules, effectively that ends the case. Courts are extremely reluctant to overturn a decision by a neutral arbitrator, whatever that decision is. Courts are not so reluctant to reverse a decision of an arbitrator that has a conflict of interest (i.e. Goodlell) notwithstanding the provisions of the CBA.

    I have no idea what a neutral arbitrator will decide, and neither does anyone else. If someone tells you they know, they are either guessing or lying.

    The long term fall out from this will be that there will now be precedent from a federal court effectively declaring that the commissioner of the NFL cannot be both in charge of punishment and arbitration.

    This will affect not only the NFL, but also possibly MLB, NHL and the NBA, amongst others. Watch for these leagues to ask to intervene with their own amicus briefs at some stage.

    By the way, I am not a Pats fan. I am a Giants fan since the days of Parcells. But I have no axe to grind with the Pats either.

    Although I can’t predict the final outcome, I can say that the NFL should be embarrassed at how it has let this issue explode like this.

    In my judgment, even if Brady had direct knowledge that balls were being slightly deflated (which seems less likely than not) he did nothing wrong.

    The 12.5 to 13.5 psi has nothing to do with competitive advantage; it is a MANUFACTURER’S RECOMMENDATION. Even Wilson (the manufacturer) admits that.

    Think about that for a second.

    The NFL can’t even tell you why 12.5 psi to 13.5 psi is so important. Do you know why? Because it isn’t important.

    The league allows receivers to wear sticky gloves to get a better grip on the ball. QBs can wear the same gloves. Why can’t QBs set the psi to their preference? Why is that so wrong? Why doesn’t the league want QBs to get a good grip on the balls?

    This whole fiasco is about power, and has been for a while now. It is no longer about whether some footballs were slightly deflated and the importance of that. It started out that way, but it evolved into something much larger.

    Some of the less intellectual players will never understand that, but the smarter players will. This is setting up to be a good old fashioned labor vs. management war.

    And it never had to happen. Nobody will win. Brady’s legacy will forever be clouded by this controversy, even if he is exonerated.

    If the league loses control of player discipline, this will be a VERY different league and may cause some (many?) fans to lose interest in the game. And even if the league wins, what exactly has it won? It already had control of player discipline and it bloodied and battered one of its all time great players and teams (regardless of how you personally feel about the Pats, Belichick or Brady). For what? To assuage Goodell’s ego?

    How sad.

  124. Brady, as a union rep, refused to break precedent by giving the NFL access to what it had no right to under the CBA.

    The NFL had the phone records of the Patriots equipment guys. Why would they need Brady’s?

    Precedent under the CBA was that equipment violations were team violations, not player violations.

    Precedent under the CBA was that refusing to turn over a cell phone ranged from no penalty to a $50K fine. The high end was for a case were the phone was the actual violation instrument in a sexting case. No player had ever been suspended for not turning over a phone or being involved in an equipment violation.

    Brady produced records of all of his calls and texts, by number and name, so the NFL could do whatever level of due diligence it chose to do. The NFL chose not to follow up with those names and numbers.

    Brady’s comment that no one told him he would be suspended for not turning over his cell phone is evidence because under the CBA a player must know what punishment he is subject. The NFL had just reversed course from saying Brady was suspended for being generally aware of the equipment infraction to emphasizing noncooperation for not turning over his phone.

    None of that is illogical.

  125. honeybadger14 says:
    Jul 30, 2015 8:34 AM

    He was suspended for his role in cheating. Lets not confuse the situation.

    Impeding the investigation was just more evidence of his guilt.



    This attempt by Tammy, the NFLPA and the Pats to spin this as a punishment for not handing over the phone is laughable.

    As if Goodell randomly asks for phones, with no basis or reason.

    – Deflated balls
    – Bathroom stop by the Pats attendant
    – The same attendant who said he used the urinal when there wasn’t one in that bathroom.
    – Texts to and from the equipment guys SPECIFICALLY referencing deflating balls
    – Gifts to the equipment guys
    – The name Deflator
    – The 50% fumble decline in one off season without a change of coach or QB
    – The fact that the Pats won’t cooperate
    – the fact Tammy won’t cooperate

    The only travesty about all this is that Belicheat isn’t banned for a year because there is NO WAY he didn’t know, and that Tammy is only gone for four games.

    Krap should be forced to give up the team.

  126. The Deflategate investigation is not a criminal matter, so all the crap about punishment for destroying evidence is just crap. I can imagine that his lawyers told him to destroy the phone because the NFL had no right to it. So, when it was obvious that the Wells Report contained insufficient evidence to conclude Brady was involved with deflating the footballs and he appealed, Goodell changed the rules and now made non-cooperation the basis of the suspension. I can’t imagine that the NFL has the ability to suspend someone because they didn’t co-operate with a non-criminal investigation. At the end of the day, do you think this charade would have gotten this far if it wasn’t Brady?

  127. Brady produced records from his other phones,not the one that was destroyed,period.His attorney stated that they would help the NFL in trying to get records from the cell phone company – Of course they knew that was not possible since in all likely hood the sim card was destroyed as well.

  128. Richard Nixon: I am not a CROOK!

    Lance Armstrong: I’m not a cheater and I’m suing everyone!

    Pete Rose: I’m not a cheater and I’m suing everyone!

    Ryan Braun: I’m not a cheater and I’m suing everyone!

    Alex Rodriquez: I’m not a cheater and I’m suing everyone!

    Years later: Ok, I did it.

    Tom Brady 2015: I’m not a cheater and I’m suing everyone!

    Years later: ….

  129. I think the suspension is based in part on the (alleged) cheating and conduct deterimental to the league / eroding public confidence in the game. Destroying the phone and possibly obstructing the investigation is not part of the suspension but looks bad and is a great sound bit for the league.

    To me the bigger issue is why is Tom texting like a 13 year old girl (10,000 text in 3 months)?

    Finally, maybe he destroyed his phone so he wouldn’t have to show all of the emojis he uses. 😅😍😡😁😈

  130. I call BS on the “nobody told me” excuse. Brady had a team of attorneys working for him the moment the story broke. It’s simply another lie.

  131. You weren’t suspended for destroying your phone, you were suspended because you “more likely than not” had something to do with tampering the footballs.

  132. Like I’ve said numerous times, if this were Peyton Manning going through this with the exact same evidence and manning destroying his phone, the patriot fanbase would be on every single article relentlessly trashing manning as an obvious cheater, they’d be slamming any Colts fan defending him with the same lame excuses patriot fans are using now. It’s hysterical how pathetic and dimwitted the patriot fanbase is.

  133. letsgobuffalo4 says:
    Jul 30, 2015 8:01 AM

    Not showing your phone isnt a punishment, but it adds to the guilty verdict. And stop comparing Favre’s OFF FIELD issue to Brady’s ON FIELD issue. Completely different. Goodell had to make a guilty or innocent verdict, he had enough evidence based on JJ and JM text messages and the balls being found under inflated at halftime. Tom not showing his phone is jut another cog in the machine.

    Brett Favre refused to cooperate with an NFL investigation. It doesn’t matter whether it was for on or off the field behavior.

    None of the text messages mentioned anything about deflating the footballs below the league minimum.

    The footballs were below the league minimum pressure due to the elements the game was played in. That doesn’t matter though, because no one knows at what pressure the balls started out at.

  134. What’s funny is the fact that if this were YOUR quarterback, you’d (the anti-Brady crowd) all be screaming innocence at the top of your lungs based on the “facts” and “proof” that the NFL has provided. But no, it’s Tom Brady and the Patriots, so none of that matters. Envy isn’t the best choice of colors people… move on.

  135. Can we please live in a country where it is not our responsibility to inform every single person of every single consequential outcome of every situation? Holy crap….The “play stupid” defense needs to be thrown out of every courtroom in America.

  136. “The NFL does not have to give him a 500 page document that outlines what cooperation is and isn’t.”

    No. But they do have to tell him, or somebody at least, that a suspension is a possible consequence of failing to cooperate.

    If you want Brady to follow rules, then the commissioner has to do the same. He cannot simply pull punishments out of his butt as he wishes. The CBA doesn’t allow for that.

    “Can we please live in a country where it is not our responsibility to inform every single person of every single consequential outcome of every situation? ”

    OK, let’s throw you in prison without giving you advance notice of what, exactly, might have triggered our decision to do so.

    Jesus H., it’s like the concept of “law” and “rules” are foreign to people. You want rulers who can make stuff up on the fly? Try pre-Magna Carta England.

  137. zinger92 says:
    Jul 30, 2015 2:57 PM

    You weren’t suspended for destroying your phone, you were suspended because you “more likely than not” had something to do with tampering the footballs.

    You need to talk to the guy who insists that Brady wasn’t suspended for deflating the balls, but for obstructing the investigation.

    If either of you had bothered to read what the NFL publishes, you’d know that you are both wrong. There are two changes, 1) “probably” being “generally aware” of some alleged activities that the NFL claims “more likely than not” happened. (That this is a standard pulled out of thin air is for Kessler to argue, and I imagine it won’t be hard for him to do.)
    2) “failure to cooperate”.

    The original Troy Vincent letter didn’t mention destruction of the phone, that is true. But you may have noticed that Goodell mentioned it the other day.

  138. “meditatingamigo says:
    Jul 30, 2015 2:46 PM

    I call BS on the “nobody told me” excuse. Brady had a team of attorneys working for him the moment the story broke. It’s simply another lie.”

    In this context “Nobody told me” means “This isn’t in the rules.” One could argue that Ted Wells would have the power to threaten Brady with this sanction, as Mike argues above. Since he didn’t do so, the point is moot.

    My guess is that Ted Wells specifically held back this possibility because, after all, the entire purpose of this kangaroo court was to find something to punish Brady with.

    You might want to read the rulings from all the cases that Goodell has lost in recent years and learn just how arrogant he is when it comes to following the law. With Ray Rice, he wanted a do-over so he could punish him twice for the same thing. With Peterson, he applied a policy that was formulated after the offense, and that’s the same thing he’s done here. The word “Calvinball” comes to mind.

  139. To me the bigger issue is why is Tom texting like a 13 year old girl (10,000 text in 3 months)?

    My guess is that the vast majority of those were incoming messages. It happens when you’re the Super Bowl MVP. People congratulate you!

  140. wrap2tyt says:
    Jul 30, 2015 1:30 PM

    “No one said I’d be disciplined for not producing phone”…

    Fake quote. What Brady has said is that nobody said he would be suspended for not producing a phone. The precedent was a fine. Brady was willing to pay a fine.

    Often adults make choices where they break a rule and are willing to pay a fine for doing so. Just go to traffic court. What isn’t fair is to clock somebody going 75 in a 65 zone and throw him in prison for 5 years when the penalty on the books is a fine.

  141. This idiot just don’t get it. Brady was not suspended for smashing his phone, he was suspended for compromising the integrity of the game and not giving any information to the NFL. Belicheat should be out four games too.

  142. “I can’t imagine that the NFL has the ability to suspend someone because they didn’t co-operate with a non-criminal investigation.”

    Why wouldn’t the NFL have the ability to suspend one of their own employees that didn’t cooperate into a integrity of the game investigation in which the individual refusing to cooperate has the most to LOSE?

    That’s like saying Pete Rose didn’t break any “laws” how can they suspend him from baseball & the hall?

  143. The balls were tampered with. Brady brought his own experts to the appeals hearing, he brought the AEI Report into it. The points the AEI expert were already covered in the Exponent Report. This is all explained in Goodell’s ruling. Also explains the gages. The ship has sailed on that issue. We was suspended for cheating. Just like a common PED user.

  144. mmack66 says:
    Jul 30, 2015 3:12 PM

    Ohhhh the balls were below legal PSI b/c of the ‘elements’. Well if at halftime some of the patriots balls can drop a full 2 PSI (not all were 2 PSI under- but some were) then i guess the ‘elements’ at lambeau field (much colder conditions) would drop the PSI up to 5 over the course of a full 4 quarters then right? And its pretty common for Aaron to say “hey these are getting low, lets fill em back up”. Oh wait, he nor any other QB ever in cold weather has said ANYTHING about deflated football despite the fact that this must happen in every cold weather game right? Its not like Aaron or other cold weather QB’s would notice 4 or 5 PSI missing by the end of the game. That seems right.

  145. That’s interesting….because after you were initially punished for not producing your phone & subsequently given countless more opportunities to produce it…everyone with an IQ above 70 knew you would be punished. So, where does that put your IQ Brady?? This isn’t a complex subject. Actually it’s pretty simple…in the “er..uh…um, errr…iy don’ nowe deys be madd” range.

  146. I believe Brady knew exactly what he could face and knew he could argue what happened in the Farve case. As soon this story broke, Brady sought advice. And you always start at worse case scenario. As in did you know about this and made his plan. His plan was to try to make it look like he was suspended for not fully cooperating and not the truth, he was suspended for cheating. Look how Kraft focused on and Yee

  147. All this hate of the Pats and Brady makes me think that they are the modern day witches and these comments are the instigation of the new “Burn the witch”

    So many people with so limited knowledge or understanding of what has happened makes any reasonable adjudication by this lynch mob impossible. Bunch of headline readers I guess. #FlyEaglesFly (Just in case you mistook me for a New Englander)

    I believe in justice and a FAIR hearing on the EVIDENCE.. most people here do not seem to want to know the truth.. just want to tear Brady and the Pats down. Sad actually.

  148. Brady obviously didn’t want something on his phone made public. There is no doubt about that. That doesn’t mean it was even related to this case though. Since he offered to produce call/text logs I get the feeling that what he is hiding either isn’t in a text or is in a text to someone the NFL would never care to look at.

    How many of you here have something on your phone that you wouldn’t want the public to see? Maybe a photograph or your search history? Knowing Tom Brady is one of those people doesn’t make me believe he is guilty of something that there is absolutely know solid evidence to suggest there is. The burden of proof is on the NFL here and they haven’t come close to doing anything other than showing me they have anything other than an agenda here.

    And for the record, I’m a Bears fan, and really couldn’t care less about what happens to Tom Brady or the Patriots. No bias here.

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