Judge Berman takes full control of Brady case

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Some judges don’t get directly involved in trying to settle a case. Some do.

And some of the judges who get directly involved in the efforts to settle a case make it very clear to the parties that the judge is determined to settle the case. When that happens, the case usually settles.

In 18 years of practicing law, I never saw an order like the one Judge Richard M. Berman issued to the NFL and the NFLPA on Friday. Below, I’ll explain how I would interpret it, if I was representing either the NFL or the NFLPA in this case.

Posted on Twitter by Raffi Melkonian, a Texas lawyer who has been posting various court filings to date in the case, the full order reads as follows:

“Thank you for your letter, dated July 31, 2015. I found it helpful. It is ‘OK’ to file a public version of the answer and counterclaim as you request. I always have considerable difficulty approving any sealed documents, given the keen public interest in these matters and the public’s right to know. It’s up to you whether to file any sealed motions or sealed document applications at this time.

“I have two further suggestions. First, because I already have a good understanding of your positions from your submissions to date, you need only each file a 15 page double spaced memo (further supporting your positions) by August 7, 2015. In the nature of a reply brief, perhaps.

“Second, I am scheduling a status/settlement conference for Wednesday, August 12, 2015 at 11:00 a.m., with your principals (including, without limitation, Mr. Goodell and Mr. Brady). Let’s see what we can accomplish at that conference and if there is a need for more written submissions, the August 14, 2015 submission date you propose is fine.

“I am also scheduling a status/settlement/oral argument conference for Wednesday, August 19, 2015 at 10:00 a.m., again with your principals (including, without limitation, Mr. Goodell and Mr. Brady). Please jointly confirm all dates by 3:00 p.m. on Monday, August 3, 2015. . . .

“Lastly, I request that you all engage in comprehensive, good-faith settlement discussions prior to the conference on August 12, 2015. Magistrate Judge James C. Francis, IV is available to assist you if you wish.”

First, it’s clear that the judge has been studying the case and knows the issues. He probably already has an idea regarding how he would rule on the case; there’s really not much either side can do to change his mind in only 15, double-spaced pages.

Second, he’s determined to get the case settled. By directing the two sides to engage in “comprehensive, good-faith settlement discussions” before the first of not one but two settlement conferences with Judge Berman presiding, he expects the parties to arrive at the first conference with their latest settlement positions clearly established (e.g., NFL at a two-game suspension and an acknowledgement of guilt and Brady at a two-game fine and no acknowledgement of guilt). At that point, Judge Berman will then have two opportunities to pressure the side that needs to be pressured the most (and it possibly will be both sides that need pressure) to resolve the case before he issues a ruling.

Third, the invitation to utilize the services of Magistrate Judge James C. Francis IV to assist in any settlement talks before August 12 isn’t an invitation. If they don’t take Judge Berman up on the offer, he won’t be happy — unless they can settle the case without using Judge Francis as the facilitator/mediator of settlement discussions over the next 11 days.

Fourth, and as surmised on Friday, Judge Berman expects Goodell and Brady to appear in court for both conferences on August 12 and 19. Whoever resists showing up on either of those days does so at his own peril.

For Brady, it will mean missing two days of work. Although the team’s training-camp schedule hasn’t been announced beyond August 3, August 12 comes one day before the preseason opener against the Packers, at Gillette Stadium. On August 19, the Patriots will be in the middle of a three-day visit to West Virginia, for joint practices with the Saints.

For Goodell, it will mean shuffling whatever schedule he already has in place for those days. The NFL’s lawyers will likely tell him that nothing is more important than showing up for the conferences with Judge Berman.

Fifth, it’s clear that Judge Berman won’t be inclined to keep any documents under seal, based on this sentence: “I always have considerable difficulty approving any sealed documents, given the keen public interest in these matters and the public’s right to know.” In other words, the full transcript of the Tom Brady appeal hearing eventually will be released, if the case isn’t settled.

That’s a win for the NFLPA and Brady. Although the NFL would say that the parties agreed to seal the transcript, a source with knowledge of the situation tells PFT that the NFLPA agreed to seal the transcript at the insistence of the NFL.

The best way to keep the transcript from ever being released to the public (barring a leak) would be to settle the case before the judge has to decide whether to approve the filing of the transcript under seal. And Judge Berman knows that. And now the NFL and NFLPA know that he knows that.

I’m tempted to think the case could settle this week, without Goodell and Brady having to appear before Judge Berman. But if the two sides are at an impasse over whether a settlement would include a suspension of any duration, it won’t be easy to break that log jam without getting an idea of how Judge Berman feels about what amounts to an all-or-nothing proposition in court.

Eventually, Judge Berman may have to privately inform the side against which he’s inclined to rule that it will either accept the best deal it can get, or it will get nothing and like it.

173 responses to “Judge Berman takes full control of Brady case

  1. This is really getting dry, I didn’t care the first time when heard about this and we are still wasting time on it.

    It should fall on the NFL to have the responsibility to check air pressure, they regulate the rules of the game, it’s not any one person’s or team’s fault. This is ridiculous.

  2. Eventually, Judge Berman may have to privately inform the side against which he’s inclined to rule that it will either accept the best deal it can get, or it will get nothing and like it.

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

    You have already staked your legal opinion on the NFL losing and Brady never having to admit anything. You might as well own it. Couching your articles a little more neutrally would’ve been better earlier but the train has already left the station in that regard.

  3. Yahoo’s Dan Wetzel perfectly describes this witch hunt”…..a league office drunk on power, overwhelmed by prejudice……”

  4. My take? Purely from a punishment standpoint, Brady has very limited/no downside. Worst case it stays at 4 games and the haters are going to hate no matter what, so can never get back what he lost reputation-ally from this investigation/farce.

    This judge sounds more labor friendly – the fact he is a Clinton appointee may means he is moderate with a slight/moderate lean to the left politically. Do we have inkling from his prior judgments Mike Florio?

    If judge signals at all that he is leaning to Brady/labor side of equation, then league needs to move aggressively to settle or risk getting embarrassed again. If Brady feels like he will lose, he could negotiate or let it play out and then go for temporary injunction and appeal further.

    Lastly, Magistrate Judge James C. Francis, IV’s role could not only be to negotiate but “signal” where Judge Berman is leaning as part of discussions.

  5. I can’t believe They’re going let Judge Berman decide this. He’s going to continue to send them BACK BACK BACK to the negotiating table…

  6. “a source with knowledge of the situation tells PFT that the NFLPA agreed to seal the transcript at the insistence of the NFL.”

    So if Goodell and the NFL are all about transparency and “integrity”, why do they want to keep the appeal transcript sealed? Maybe seeing Brady providing honest answers to all their questions and claim his innocence will work against their PR smear campaign (he ‘destroyed’ his phone, etc.).

  7. First, this tells me the judge is a sports fan who makes time to read up on things that frankly, are big legal matters. Second, by the very short timeline he is using with limited additional info needed, I think he thinks this is a stupid issue for his court, whether he sides with the NFL or Brady. I am betting i Goodell/Brady agree to two games, it will go away. If not, I am betting Brady sits for four games. Why? The just has not said a thing about the CBA, and given that specifies punishment Goodell can levy, there is little Brady can do. The judge will likely say “You guys both made a deal already. It’s a shame you drag me into this.” No way will the judge say this was a stupid deflated football issue. Let Brady off. Ain’t happening.

  8. First, this tells me the judge is a sports fan who makes time to read up on things that frankly, are not big legal matters. Second, by the very short timeline he is using with limited additional info needed, I think he thinks this is a stupid issue for his court, whether he sides with the NFL or Brady. I am betting if Goodell/Brady agree to two games, it will go away. If not, I am betting Brady sits for four games. Why? The judge has not said a thing about the CBA, and given that the CBA specifies punishment Goodell can levy, there is little Brady can do. The judge will likely say “You guys both made a deal already. It’s a shame you drag me into this.” No way will the judge say this was a stupid deflated football issue and somehow let Brady off. Ain’t happening.

  9. Full exoneration for Brady, an apology from Goodell and Mike Kensil’s firing. Nothing else is fair (and even this wouldn’t be fair to Brady for the league’s malicious actions) or acceptable.

  10. Sounds like the judge is impartial, which is refreshing in these days.

    I believe they are at am impasse. The only thing Brady may agree to is a fine for “obstruction”, but no more.

    Brady and the NFPLPA win this one.

    Excellent work, Florio. Take the rest of the day off.

  11. One issue you omitted is the possibility that the trial court judge may be disqualified if he oversees the settlement discussions. I had precisely this situation more than twenty years ago and the trial judge had to recuse himself from hearing the trial, postponing the case for eight months.

    Maybe Judge Berman wants to keep his docket clear of silly lawsuits over a clearly suspect report.

  12. It’s August now, the judge probably is just starting to prep for FFL like the rest of us and wants this resolved before he drafts.

  13. WOW!, why would they leave this whole mess up to Chris Berman?

    Was ESPN the highest bidder for the TV rights to the lawsuit? The NFL…always looking to make a buck.

    Who’s the bailiff? Trey Wingo?

  14. If Brady can get from the Kentucky Derby to Vegas for the Mayweather Pacquiao fight via private jet, then I think he could find a way to attend both the hearing and the preseason opener.

    And I say that as someone who is 100% on Brady’s side on this one.

  15. My guess is with the names Kensil and Pash getting splashed all over the media (except ESPN & NFL.com of course) the NFL that is feeling queasy.

    Ask yourself which is the bigger story: NFL VP leaks blatantly false and inflammatory lies to Chris Mortensen to further a multi million dollar scandal against his nemesis from his days as Jet…or deflated footballs?

    We’ve been talking about deflated footballs for six months. Why?

  16. Patriot fans don’t have to worry too much. I expect that the suspension will be cut to one game at the most and Brady will be allowed to choose which game he sits out, which will be a game against a bottom feeder. Brady has been catered to for years, this time should be no different

  17. If the judge states how he is inclined to rule, would the party that would stand to gain the most from that ruling have any incentive to now settle?

  18. Why have a CBA if one of the parties, who has agreed to the terms in it, doesn’t like the outcome of one of it’s terms, and sues?

    What happens when one team, during the offseason, gets too physical in OTA’s, gets punished, and says “by our definition, we didn’t break the terms in the CBA” and are now suing the NFL in federal court?

  19. Brady and the NFLPA should proceed forward for a 0 game suspension.

    THEY HAVE NOTHING TO LOSE AND EVERYTHING to gain. This might get very sticky for the NFL. They are making Mark Cuban look smarter day after day after day.

  20. “Eventually, Judge Berman may have to privately inform the side against which he’s inclined to rule that it will either accept the best deal it can get, or it will get nothing and like it.”

    It’s hard not to believe that this is what it will take.

  21. Enough of Brady and the Pat’s. What about the other 31 TEAMS? There has to be some news about them.

  22. Thanks for that explanation/analysis, Mike – I hope things are resolved quickly and Goodell realises he is no longer in charge.

    I hope this has a heavy bearing on future cases, with Goodell having no option to be ‘The Enforcer’ because, again, he will lose in court. If the judge does lean towards the NFLPA/Brady, this is good for all players in all 32 franchises, not just a certain quarterback in New England.

    However, I doubt it, because it seems the owners only frown on Goodell when he is too lenient, not when he is too harsh. Even though punishments can be reduced on appeal, they shouldn’t need to be, because the NFLPA and NFL should have better things to spend its money on than lawyers’ fees.

  23. spud1111 says:
    Aug 1, 2015 10:19 AM
    Cheetahs….four asterisks
    __________________

    The trolls continue to bring insight, logic, and intelligence to this discussion. I suppose that is what you do when you don’t have the facts to support your argument.

  24. I’ll bet Goodell’s $44 million that Berman has already told the NFL that they will lose.

    This is labor law here.

    Brady will blow the NFL away on this one.

    See you on opening night Brady as the bamnner unfurls.

  25. I wonder if the NFLPA regrets agreeing to seal the appeal hearing transcript in light of how Brady was treated by the NFL since then? I.e another leak that spelled out to Stephen A. that essentially said ‘this is, among other things, us showing them who’s the boss’.

    I can’t think of any middle ground that would satisfy both parties.
    Even if- for sake of argument- the judge informed the NFL side that there will be no suspension and no fine if you don’t work something out with Brady (team was already heavily punished),
    I can’t see Goodell saying ‘OK, at least a 4 game fine’.
    Goodell would rather claw his eyes out than announce that himself.
    On the flip side, Brady may be willing to pay a fine only, even though he thinks it wrong the NFL made a big deal of the personal phone, whereas before, they didn’t consider it a big deal.
    I find it am using that the NFL thinks reducing 2 games with an admission of guilt is somehow enticing.

  26. It appears people are struggling to connect the dots. Here is an attempt to explain from a “delusional” Pats fan perspective.

    After the release of Goodell’s appeal ruling, the NFLPA court filing, and the Pats e-mails, there is no longer a debate if this investigation was independent. It is conclusive this was anything but an “independent” investigation. That is an undisputed FACT even the NFL admits.

    Goodell & Wells publicly stated multiple times this was an independent investigation. It was stated before, during and after the investigation. NFL attorney Pash also insisted in e-mails it was independent. These were all lies. That is a FACT.

    The conclusions made by Wells & the NFL are largely based on judgements. If you believe the Pats are guilty you must trust the judgements of the very people who lied about the investigation being independent. Here are some judgements these people made:

    What Walt Anderson’s “best recollection” really was

    What Jim McNally was doing in the bathroom

    What the meaning of the txt messages was

    Was Brady credible

    Was Jastremski credible

    Was McNally credible

    If the judgement made (by the people who already lied) on any one of the above listed things is incorrect (intentionally or not), the entire case falls apart and NOTHING HAPPENED. These judgements made by Wells/NFL all tie together. If the judgment of the txts is wrong the bathroom trip becomes irrelevant. Brady, Jastremski & McNally all deny anything occurred so they are either all lying or all telling the truth.

    Now you may say, I’ve read the txts, I agree w their judgement. That is fine, but admit to yourself that (much like the NFL) you are not independent. You had a preconceived notion of guilt the first time you saw the txts. The reporting of the story the prior 3+ months gave you no other alternative.

    When you step back and look at this, MULTIPLE judgements of people who have already lied about this very case MUST be trusted for Brady & the Pats to be guilty. You may think Brady or the Pats are cheaters, but understand in doing so, you are trusting the judgements of proven liars. It is painfully obvious to this “delusional” Pats fan, Deflategate was a set-up.

  27. Suspend Tom Brady life-long and ban the team for an year. NFL survive with out Patriots (or any team) – Patriots wont be there without NFL (if they feel like they can join CFL or ABCDEFL)
    Where were all these medias / judges when NFL punished New Orleans (HC for an yr) couple of years back – the only reason Tom Benson doesn’t know how to pull strings

  28. First off the NFLPA never should bow down to the NFL and keep the documents sealed. That was another stupid move on the NFLPA’s part.

    Second of all, no documents should ever be sealed EVER. Theses scumbags of the NFL take public money to build their stadiums. The public has a right to know.

    I applaud the Patriots for releasing those emails from Pash. It solidifies my thoughts that the NFL League office is scum.

    Goodell, Pash and Kensil and any NFL or media people supporting Goodell and the NFL ie BSPN all ought to be fired immediately

  29. I demand that the NFL sue the NFLPA (and force it to pay lawyers to defend itself) on the fact that the NFLPA did NOTHING to protect Devin Smith’s ribs from getting injured. It’s not the Jets fault, it’s not the Jets DBs fault, it’s De Smith’s (and the NFLPA) for not doing enough to protect players

    Again,the NFLPA sues the NFL, mostly just for PR purposes b/c they KNOW that the lapdog pro-union/anti-capitalist media will fawn on every union word.

    So I say that both can play that game. If I were Goodell, I would produce data that shows how many times the NFLPA (and its players) have sued the NFL, what they sued for, whether they won or lost, and how much it cost the NFL. Moreover, I would add in that 100% of that money would have gone to charities and that the NFLPA doesn’t donate to a SINGLE charity.

  30. There are so many due process issues and evidence of capricious and arbitrary punishment that even if Brady ends up with a fine, I would find it hard for any impartial judge to uphold the truly disgusting witch hunt by Goodell and his minions.

    Rarely has there been this kind of transparently evident bias in sports, with partial league employees going on a sting and then bringing in their hired hatchet man. Any fair and impartial judge would see the issues in this whole process.

    NFL…two game fine with no admission of guilt. I can’t wait for the public to eventually read the notes and transcripts and understand the true roles played by Mike Kensil, Jeff Pash, and Dave Gardi.

  31. Precedent will dictate the judge’s ruling. Based on the Minnesota game’s heated footballs, the NFL’s punishment precedent is a small fine levied on the team. Based on the Brett Favre “selfies” incident, the NFL’s punishment precedent regarding failure to turnover cell phones is a small fine levied on the player.
    The judge will have to take into account the league’s “selectivity of prosecution.” When Jets employees tampered with their kicker’s ball, the Jets kicker was not deemed worthy of prosecution. When Minnesota employees tampered with footballs, no players were investigated despite a “general awareness” likelihood given who benefits from warm balls.
    Hopefully, this judge will be assertive in his ruling and address the NFL’s smear campaign against NE using false leaks delivered by the league’s deception department…ESPN.

  32. fngs1 says:
    Aug 1, 2015 10:35 AM

    Enough of Brady and the Pat’s. What about the other 31 TEAMS? There has to be some news about them.

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

    Jeff Pash says he is working hard for them, and sometimes that creates tension.

  33. fngs1 says:
    Aug 1, 2015 10:35 AM

    Enough of Brady and the Pat’s. What about the other 31 TEAMS? There has to be some news about them.

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

    There is. Every day that this drags on they lose more and more faith in Roger Dodger.

    At this point they know he looks more like Bozo the clown than Roger the Commish.

    I’m sending a overnite package to Goodell.

    A round red sponge nose some big oversized red boots a candystiped bagged clown outfit and a nice red curly wig.

    On with the show!!

  34. jjmurphy1127d says:
    Aug 1, 2015 10:20 AM

    If judge signals at all that he is leaning to Brady/labor side of equation, then league needs to move aggressively to settle or risk getting embarrassed again.
    _____________________________

    I think Goodell and his toadies would rather lose to a judge. That at least allows them to pin it on, someone who they can then paint as “labor friendly” or some other nonsense who “screwed us”. The pitchfork and shovel crowd will eat it right up with Goodell leading the crowd in righteous indignation and perceived malice. If Goodell knows he’s going to lose and vacates/caves to the NFLPA’s demands (zero games, minimum fine) before they get in front of Berman then he is in a total losing position because now he will have lost his lynch mob because they’ll whine that Goodell “caved” and “the fix was in”.

  35. It’s obvious Brady had some degree of involvement, indirectly or directly is the question.
    He’s guilty of something. This is getting to be similar to the Ryan Braun episode. Denying involvement. And now we know he knew something.
    Take your medicine Tom.
    If it comes out you knew all along, your legacy is tarnished forever.

  36. The league cannot possibly defend their actions as fair, transparent, reasonable or anything else except a blatant setup against the Pats.

    The mere fact that to this day they have failed to correct the initial disinformation given to Mort and that Mot’s original utterly and totally false report is still out there with no retraction or correction says it all.

    Liars, theives and con men. Of corse they want any transcript that details their conspiracy sealed.

  37. So for the first time, this entire mess is out of Roger Goodell and the NFL’s hands.

    Deep down the haters have realized the facts by now. They know the NFL screwed it up, they know this is a witch hunt, they know the Wells Report is garbage, they know the NFL has been biased.

    If this was any other team, any other player besides Brady you’d all be against the NFL, but you’re all blinded by hatred and jealousy. Instead of realizing all the injustices committed by a proven liar like Goodell you simply type “cheaters” because it’s the only thing you have that makes you ignore the realities of this situation.

  38. Sounds like a no nonsense judge. As a Pats fan, all I want is for the process to be fair. I’d love for this judge to release the testimony from the hearing. And this magistrate sounds like the independent arbitrator that the Patriots have requested all along!

  39. Love the Caddy Shack reference with Ted Knight. If that was ever said to you as a kid (which I was, in those exact words) it’s great for a chuckle.

  40. Brady got caught cheating red handed. The Pats are repeat offenders. Take your punishment like an adult and end this circus.


    One, there’s no evidence that Brady is guilty which means, of course, that he was not ‘caught red handed’. Second, grown ups don’t admit to something they didn’t do especially when the circus you want him to end was not of his own making.

  41. Brady, Goodell, Kraft, and the Patriots are all losers in this continuing fiasco. Akin to a fight among spoiled 10 year olds. The Dolphins, Jets, and Bills will be the focus this season; enough of the New Englanders this year already.

  42. “If this was any other team, any other player besides Brady you’d all be against the NFL,”

    Not the case at all. I would be equally pissed if it were Brady or a training camp piece of meat from any team that was involved in any cheating scandal. Fair play is the crux of any sport.

  43. eagleswin says:
    Aug 1, 2015 10:17 AM
    Eventually, Judge Berman may have to privately inform the side against which he’s inclined to rule that it will either accept the best deal it can get, or it will get nothing and like it.

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

    You have already staked your legal opinion on the NFL losing and Brady never having to admit anything. You might as well own it. Couching your articles a little more neutrally would’ve been better earlier but the train has already left the station in that regard.

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

    So what? He’s a blogger. I wish people would stop acting as if this is a serious journalism site. It’s a blog. About football. No one who writes for this site has any responsibility to be neutral. I actually think this blog does a much better job than others in presenting both sides of issues.

  44. Whats Goodell’s favorite saying “i have to protect the integrity of the shield”

    Lmao. What a crock. Goodell, Pash and Kensil have obliterated the integrity of the shield beyond repair.

    Goodell is now in on the sting after the Patriots emails were released that Pash had to consult with the Commissioner.

    Proof right there that Goodell wasnt impartial as he claimed. He is a compulsive liar that needs to be fired

  45. It looks as if this is already unfolding in a way that the NFL should find very worrisome. They asked for summary judgment upholding their authority to impose the four games, and they are not getting that. Also, the longer this drags on, the more comes out about the dirty games the League bureaucracy has played. Those who say Goodell has no incentive to settle are wrong. He now has many reasons to settle, because more and more owners will get disgusted with his inability to handle these things. And no judge is going to force a Stalinist confession to ball tampering out of Brady, so the only issue here is whether this becomes entirely a fine.

  46. Haven’t always been a big PFT reader (the comments section is generally _awful_), but Florio’s analysis of this whole thing has been indispensable in understanding the process in depth, and seems to be one of the few purely fact-based sources of information out there. Nice work, Mike!

  47. @ STILLlolatpatshaters says: Aug 1, 2015 11:03 AM

    But but but Brady will NEVER take this to court!!1!!!1 🙂
    _____________________________

    Perhaps you weren’t paying attention…the NFL sued Brady.

  48. neil0311 says:
    Aug 1, 2015 10:46 AM

    …….. I can’t wait for the public to eventually read the notes and transcripts and understand the true roles played by Mike Kensil, Jeff Pash, and Dave Gardi.

    I agree with you’re entire post; but, unfortunately the only ones who will read the notes and transcripts that are released will be Pats fans and a few fair-minded fans from other teams. Most will choose to live with the falsehoods they’ve already embraced.

  49. Amazing how our corrupted justice system works. A ‘deflated footballs’ case can get multiple judges to use their limited time and resources to settle such a ridiculous matter within a few weeks. On the other hand we can’t get known terrorists and murderers to court in a few years. Is this a ‘cluster’ or what? Ain’t America great under the libs?

  50. Brady would miss two days in the huddle with ten teammates. Goodell would miss two days of huddling with ten lawyers.

    Two observations about the judge

    1.) He’s fluent in plain English.

    2.) He doesn’t share Goodell’s passion for putting no timeline on something this important to the integrity of the game.

    For some reason, my word processor keeps signalling me that I’ve made an error when I type Goodell’s name. I can’t imagine why that is.

  51. So what you have are Patriots, already Documented Serial Cheaters trying to wiggle out from under punishment.

    Goodell, ever the Kraft stoolie, doesn’t suspend Brady for the time he should have been – 8 to 16 games, and didn’t include Belicheat despite precedence, and now the Pats will get off, again, with a slap on the wrist as they come up with their next cheating schemes (not that they run only one at a time).

    The good news is this kind of serial cheating, unprecedented in NFL history, will follow them all like bad BO.

    FOREVER.

    Patri*ts

    Cheers

  52. mark4steekers sez says:
    Aug 1, 2015 11:09 AM

    Perhaps you weren’t paying attention…the NFL sued Brady.<<<

    Perhaps you don't know what you're talking about. The NFL is not suing Tom Brady. The NFL wants a court to validate that Goodell has the legal standing based on the CBA to dole out punishment the way he has.

  53. And Judge Berman’s ruling is . . .

    Envelope please.

    “Mr. Brady, you will be suspended for 4 games, and you Mr. Goodell, you are an idiot”.

  54. I hear all your well written and well thought out prognostications for a highly favorable outcome for the NFLPA & Brady.

    But my intuition is telling me minimum 2-game suspension.
    And a statement from Brady, not a straightforward admission of guilt, a somewhat ambiguous statement.

    Such as: “As far as I know nothing illegal happened, and if it did, I had nothing to do with it”‘.

  55. The NFL Front office has lied, misdirected and authored an unconscionable semear campaign against the Patriots.

    Kensil is a mammoth sized fraud and we all know Roger was aware of his posture towards the Pats legal pleasdings for the records to be corrected within a couple weeks of their Bogus PSI reports.

    Mort: is an utter complete 100% coweard for not coming on the radio in Boston and falling on the sword like a real reporter would. No one expected him to give up his source but he could have said something like this:

    “The information I received was checked, double-checked and verified 3 times. I took special care and I consider very seriously the impact my report would have on the Team, players and situations it described.
    Unfortunately, my source was incorrect and I have no further knowledge of the why’s and wherefores of my source.
    I apologize to Mr. Kraft and the Patriots organization for the harm and stress it cast upon their team.”

    1. full and complete exoneration
    2. dismissal of Jeff Pash and Mike Kensil
    3.Firing of Roger Goodell.
    4 CORRECTION OF THE RECORDS – THE FALSE psi REPORT
    tHE FALSE KICKING BALL REPORT
    aDMISSION OF GUILT IN STACKING THE DECK AGAINST THE pats WITH THE wELLS FIASCO.
    5. pERSNAOL APOLOGY FROM GOOFDELL TO tOM bRADY

    Apology from the League Office on the front page of all major News publications in all NFL cities to THE SUPERBOWL CHAMPION NEW ENGLAND PATRIOTS.

  56. bigdinla says:
    Aug 1, 2015 10:32 AM
    This is why the legal system is so messed up. Judges are not meant to strong arm people. They are supposed to interpret the law.


    This is a labor dispute, of course the Judge is supposed to facilitate an agreement….whatever it takes to accomplish that.

  57. THIS is so much FUN to see the last dying days of the NFL as a dictatorial, nose-up-in-the-air, autocratic organization!

    On behalf of the victims of his funbling, bumbling, and cronyistic mismanagement (including the screwed up persecutions of the Saints, Dolphins, Rams, Patriots, other teams, and players given arbitrary levels of punishment or left dangling in limbo like AZ Cards LB Washington (or favoritism given to Jerry Jones, Woody Johnson, Irsay, etc), we wish the incompetent and unethical Goodell a quick exit from a job he never should have been given.

  58. First off the NFLPA never should bow down to the NFL and keep the documents sealed. That was another stupid move on the NFLPA’s part.

    Second of all, no documents should ever be sealed EVER. Theses scumbags of the NFL take public money to build their stadiums. The public has a right to know.

    Note that Robert Kraft is an exception to this plundering of public coffers. He has built not one, but two stadiums during his time as the owner of the Patriots and all with his own money.

  59. Sorry, but none of this matters to me. Even if Brady gets no games he will always be a cheater in my mind…..

  60. As much as people may be inclined to dislike Goodell, we should take a moment to recall, what he did for The League, Kraft and Bill Belichick in 2008.

    When Senators Arlen Specter and Patrick Leahy were poised to head a Senatorial Judiciary Committee Investigation, (SJCI)Goodell shut it down very quickly by destroying evidence.

    What could the outcome of a S.J.C.I. been?
    Could have been charges brought on The NFL for defrauding the Citizens of The United States.
    Key players would have been The Patriots for prompting the investigation in 8 years of defrauding the American People via attempting to act outside of NFL Guidelines for video taping.
    The investigation may have uncovered other issues in The NFL which may have existed at the time, if there were any.
    Imprisonment could have been ordered on conviction.

    People seem to believe this was not possible. However, it was very much an interest in The Senate. Think about this when you say Rodger Goodell is evil or you feel he has done a very poor job.

    In some ways, I do believe Goodell could have done better. However, I also believe, due to the sensitivity of the case and interest being expressed from the Senate in 2008, Rodger Goodell may have saved an American past time

  61. There will be no admission of guilt

    There will be no suspension.

    the league will have to live with the penalties the Patriots as an organization now regrets accepting

    Book it.

    Patriots will buy ad space publicizing and popularizing Brady’s innocence and the lack of any violation

  62. As a Patriots fan I’m thrilled that we have gotten to this point. All I ever wanted was an impartial and fair individual overseeing this. At this point let the chips fall where they may.

  63. No proof Brady is guilty.

    Agree, if I were a moron.

    Equipment guy calling himself Deflator.

    Equip guy saying he needs to be paid off (because his job apparently didn’t include what Brady made him do.)

    Equip guy takes balls in bathroom and tells Wells he used the urinal except that bathroom had no urinal.

    Balls are under inflated.

    Tammy refuses to hand over texts – likely indict Belicheat and maybe all the way to Krap.

    Patri*ts won’t allow second interviews.

    Fumbles magically fall by half after the rule changes.

    Hernandez, another great Patri*t you all said was innocent was convicted on less.

    The stench of cheater will follow you always.

    Lance, Alex, Barry, Tom, Bill

    Cheers

  64. If there are names of other clubs owners or officers in those sealed transcripts (from the Brady hearing) then you can bet anything they will be BEGGING Goodell and the NFL to avoid them being “unsealed.”

    Please, please, please expose those documents to “sunshine” so we can see just how corrupt that office down on Park Avenue is. Whether you hate or like the Patriots, all NFL fans have to be praying for this to happen.

  65. spud1111 says:
    Aug 1, 2015 10:19 AM
    Cheetahs….four asterisks

    Most of the comments in this section are well thought out. And then there is you. Maybe PFT needs a “Kids Section”.

  66. Since Goodell already receive a huge fine and concessions from the Patriots for what amounts to a modern day witch hunt, I would be inclined to believe that he gets nothing from Brady. Nada, zero, zip.

    Goodell has already been given far, far more that he deserves in this case, and if I were the judge, I would be inclined to hand a bit back to the Patriots and demand that Goodell write them an apology.

  67. greengoldandbold says:
    Aug 1, 2015 10:51 AM
    It’s obvious Brady had some degree of involvement, indirectly or directly is the question.
    He’s guilty of something.

    —-
    I mean, we don’t know where Brady was when Jimmy Hoffa disappeared! And they’ve never caught the Zodiac killer…whose to say it wasn’t Brady, we KNOW he’s guilty of something! We don’t need no stinkin’ evidence! How about Jack the Ripper, he was never caught! I know Brady did something!!!!!

  68. dryzzt23 says:
    Aug 1, 2015 10:45 AM
    I demand that the NFL sue the NFLPA (and force it to pay lawyers to defend itself) on the fact that the NFLPA did NOTHING to protect Devin Smith’s ribs from getting injured. It’s not the Jets fault, it’s not the Jets DBs fault, it’s De Smith’s (and the NFLPA) for not doing enough to protect players

    Again,the NFLPA sues the NFL, mostly just for PR purposes b/c they KNOW that the lapdog pro-union/anti-capitalist media will fawn on every union word.

    So I say that both can play that game. If I were Goodell, I would produce data that shows how many times the NFLPA (and its players) have sued the NFL, what they sued for, whether they won or lost, and how much it cost the NFL. Moreover, I would add in that 100% of that money would have gone to charities and that the NFLPA doesn’t donate to a SINGLE charity.

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

    most ignorant post ever

  69. ennerut2000 says:
    Aug 1, 2015 10:38 AM
    I’ll bet Goodell’s $44 million that Berman has already told the NFL that they will lose.

    This is labor law here.

    Brady will blow the NFL away on this one.

    See you on opening night Brady as the bamnner unfurls.

    ——————————-

    It’s easy to bet something you don’t own. You might as well bet New York city or the US or planet earth because you aren’t turning any of that over if Brady loses.

    Nothing that the judge has said or done supports this wildly one sided conclusion. Perhaps you are referencing an earlier PFT article which claimed the NFL had no chance to win?

  70. swagger52 says:
    Aug 1, 2015 11:23 AM
    Brady has nothing to lose??

    Really…Let me fill you in…HOF is what he has to lose.

    —————————-

    Reality is calling (not Reality Check guy who has Patriot nightmares and sees visions) — get real. Brady is a HOF lock if there ever was one, and thankfully, the people deciding don’t listen to you nitwit yahoos who have lost to him a lot and think asterisks are an actual insult to his greatness. Open your eyes–they don’t exist and never will.

    If Brady is guilty of anything at all, it’s wanting to ensure that the balls remain in the legal range before he plays a game with them. And you want to hang him for that?

  71. NFL = Notorious Freakin Liars.

    Feel free to replace the second word with any variation you prefer.

  72. This is actually a the scenario needed for Goodell to save face as he was in a no-win situation to begin with; i.e. a large number of people were going to be upset no matter how he initially ruled.

    He can now make the best deal he can and will get little to no negative pushback as Judge Berman made it clear there will be a settlement (just hope he’s not a Jets fan).

    If he reads (or has read) the full Wells report before the next meeting, I believe the NFL will be the side he’s ‘inclined to rule against’.

  73. Brady wins again. He will play all 16 games. I still think he has pushed the limit of the rules on this for a long time in cold and wet weather games, but the NFL has never paid that much attention and has looked like fools since this happened. I will enjoy seeing the the whooping the Colts will get when they play the Pats.

  74. I think it is obvious the judge is going to have to tell both sides how he sees this case. As an equipment violation or as an act that does have a direct negative impact on the integrity of the game and the public’s confidence. Just because the union will argue equipment violation, does not mean the judge will let them use it.

  75. “…a source with knowledge of the situation tells PFT that the NFLPA agreed to seal the transcript at the insistence of the NFL.”

    Now why would the NFL insist that the NFLPA agree to seal the transcript? Hmmmm……

    Don’t settle Tom – burn it to the ground

  76. bencoates57 says:
    Aug 1, 2015 11:36 AM

    It takes the Patriots to overthrow the NFL.

    —————————————————

    Classic!

  77. You can bet the liars and haters in the NFL office wanted everything sealed because they have NO evidence. that the NFLPA agreed to seal the transcript at the insistence of the NFL.

    The clowns of the NFL office are going to lose huge.

  78. God the ignorance of the people hell bent on proving Brady cheated blows my mind. I guess your either blinded by hate and jealousy or just don’t read past the headlines. The NFL has clearly failed to prove the balls were intentionally deflated in the first place, end of story. The continued leaks of false or misleading information that followed only show the depths the NFL will go to take down a player. Do yourself a favor and educate yourself before making ignorant posts.

  79. The original patriots, the people of New England that were under the unfair rule of British tyrants, were the first ones to fight back. They accomplished the impossible.

    Looks like history is repeating itself, in the form of the NFL.

    Other teams should be thanking the Patriots for standing up to the bullies that are the NFL. Your team could be next.

  80. What about the article yesterday where the NFLPA filed to have parts of this case sealed? Sounds like Berman won’t allow for THAT being kept off the record either, but what, not able to acknowledge anything that’s not a “win for Brady,” Mike?

  81. don’t get it. NFL doesn’t care if transcript is sealed, they’re not hiding anything. Brady cares if it’s sealed, because he – and probably several other Patriots employees – are hiding a lot.

  82. for all you tools who think Brady should not be suspended or did nothing wrong, I have a bridge to sell you. Bunch of pigeons.

  83. Once the court throws out the suspension….defamation suit is next.
    And it IS coming.

    Let Tom and the ball boys testify. Order Kensil, goodell and the rest of them to turn over their phones. Expose this to the world. Let the world know EXACTLY what happens when a league with an agenda and drunk on power thinks it can do whatever it wants to whoever it wants.

  84. and for those of you who think this is a minor issue, just imagine how long this has been going on. not 1 game or 1 season, years.

    and when you try to justify what he did by saying that “aaron rodgers likes his ball over inflated”, just remember that that doesn’t mean his balls are over-inflated. admitting his preference doesn’t equate to he’s admitting he’s cheating. the balls get checked before the games, just like they do before every NFL game. But unlike what happens in Foxboro,, the balls don’t undergo subsequent “adjustments”.

  85. The settlement should be a $25K fine to the Patriots (the same penalty assessed to the Jets for altering a kicking ball) and a $50K fine to Brady (the same penalty assessed to Favre for not cooperating in a league investigation). Period. No suspensions, no loss of draft picks.

  86. Let this be a lesson to Patriot Hater.

    Demand better from your wussy team.

    Maybe then they’ll be inclined to work harder and get better so they beat the GOAT QB and the World Champions on the field like REAL MEN…instead of crying to the league to help them do it because they are too wussy to do it on their own.

    🙂

  87. mark4steelers says:
    Aug 1, 2015 11:09 AM
    @ STILLlolatpatshaters says: Aug 1, 2015 11:03 AM

    But but but Brady will NEVER take this to court!!1!!!1 🙂
    _____________________________

    Perhaps you weren’t paying attention…the NFL sued Brady.
    _____________________________

    Perhaps you weren’t paying attention…. the NFLPA sued the NFL in Minnesota.

  88. dudeicle says:
    Aug 1, 2015 11:59 AM
    1 game suspension – to be chosen by the Patriots – no admission of guilt.

    —–

    Week 17 when they have already clinched. 🙂

  89. If there was absolutely nothing whatsoever that would damage Brady in the eyes of the public, there’s no chance the PA would ever agree to seal the appeal before Goodell hearing. Makes sense, doesn’t it? However hard Mike’s twisting the tinfoil on his head to paint the judge wanting everything as public record as a “win for Brady,” Mike doesn’t acknowledge that the NFLPA must’ve agreed to it for SOME reason. Furthermore, the NFLPA filed papers to keep some of this case before Berman sealed, which it sounds like Berman will ALSO be unlikely to do, which some might say would be a loss for Brady. But not here, where it’s 100% Brady, all the time.

  90. mrbigass says:
    Aug 1, 2015 11:32 AM
    Sorry, but none of this matters to me. Even if Brady gets no games he will always be a cheater in my mind…

    So what’s your point? Who in their right mind cares what a jealous Pats hater thinks.

  91. For those who believe this will impact the Patriots, the truth is that no team is better at blocking distractions out like the Patriots. We’re on to Pittsburgh damn it!!!

  92. Negotiating when one is innocent is foolish, and as far as any evidence goes, there is nothing that shows Tom Brady asked or demanded that footballs be inflated or deflated below league rules. In fact, evidence points to it being cold outside on that day, and nothing more.

    The only time negotiating works is if you want to lose a little less than what you were going to. If someone is robbing your bank, you don’t negotiate allowing him to take $25,000 instead of the $100,000 that was actually in the vault and think you’ve won something.

  93. “Your team could be next.” God, the arrogance of some in the fanbase. Newsflash, chuckles, some of our teams already WERE next, and your owner who you want to paint as some sort of George Washington merrily stood by Roger and wagged his finger at those teams publicly, insisting Roger was the greatest and bestest commissioner ever. It’s the same reason why Kraft has no support among the owners – it’s not jealousy, it’s not “HATERZZZZ,” it’s people not liking a person who only dislikes the system when it’s working against them.

  94. I suspect that initially the league thought the Patriots were cheating, but they acted rashly, before they had all the facts. (Probably trying to get out in front of the story, so that it didn’t “ruin” Super Bowl week.)

    Then it became clear that, at best (from the league’s perspective), there wasn’t enough evidence, and at worst (again, from the league’s perspective), the Patriots didn’t do anything at all.

    So they tried to bully the Patriots into accepting a punishment. Kraft went along with it initially, Brady didn’t.

    And now “the League” (Goodell, et al) is caught in their own web, and has opted to do whatever they can to “win,” rather than admit that they screwed up.

  95. This will likely end up like the OJ trial, a guilty person will go free. And like that situation, only OJ’s close friends and family (ie Pats fans) will think he is innocent, while the rest of the world thinks he is guilty as sin.

    My suggestion is to let the rest of teams handle this on the field when they play the Pats. The Pats have cheated against every team in the league, costing them money, wins and possible playoff appearances. That would not sit kindly with me if nothing happens here. But I am ready for Brady to get off, which will not change my mind about what I believe he did. And I will be closely watching the Pats fumble stats going forward to see if Belichick suddenly forgets to teach them how to hold onto the ball.

    *

  96. Goodell to the Sheeple = 11 of 12 under 2 psi, Deflator texts, Look at Brady’s phone

    Goodell to the NFLPA = I forbid you to look at the transcripts/notes and I forbid you to question witnesses = No transparency & Seal all documents

    Judge to Goodell : I WILL open the transcripts to the Public who has a RIGHT to know. I WILL rule on this issue if you dig in your heals and refuse to cooperate. You won’t be happy with the results.

  97. swagger52 says:
    Aug 1, 2015 11:23 AM

    Brady has nothing to lose??

    Really…Let me fill you in…HOF is what he has to lose.
    ——————————————————

    Brady is a first ballot Hall of Famer and this changes NOTHING.

  98. It is very telling that Patriot Hater desperately wants it to be true that the Super Bowl MVP QB did what he is accused of doing.

    Us intelligent Patriot fans would NEVER hope that cheating occurred with any team even teams and players we loathe. That is because we superior fans love the sport and have respect for it.

    The fact Patriot Hater really wants it to be true just shows their lack of respect for the great sport of football. That is why I love literally getting right up in their grill and running my mouth and don’t plan on stopping. 🙂

  99. Judge to Goodell : Return all Draft Picks & Fines to Patriots, 50k fine to Brady and 4 Quarters suspension broken up to 1 Quarter over Four Games at the choosing of the Patriots.

  100. I wonder if some of those dates were decided upon after the judge looked at the Patriots’ schedule. Hence making them a little more inconvenient for Brady.

    In some ways, Brady has nothing to loose by challenging the ruling. He’s set at 4 games. The number is not going to increase.. But by scheduling court dates at critical times in the pre-season, he could disrupt Brady’s practice/prep.

    A little added impetus for Brady to negotiate in good faith.

  101. More misinformation from northeastkiller who says:

    … Furthermore, the NFLPA filed papers to keep some of this case before Berman sealed, which it sounds like Berman will ALSO be unlikely to do, which some might say would be a loss for Brady. But not here, where it’s 100% Brady, all the time.”
    **************************
    The filing was joint. To define that for you- the NFL and NFLPA both asked for the sealing.

  102. dan7800 says:
    Aug 1, 2015 10:55 AM
    Brady got caught cheating red handed. The Pats are repeat offenders. Take your punishment like an adult and end this circus.

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

    You don’t know what “red-handed” means.

  103. My my.

    The bitterness from Patriot Hater is so thick you can spread it on some bread and have a nice sandwich! 🙂

  104. wk1234 says:
    Aug 1, 2015 12:22 PM

    More misinformation from northeastkiller who says:

    … Furthermore, the NFLPA filed papers to keep some of this case before Berman sealed, which it sounds like Berman will ALSO be unlikely to do, which some might say would be a loss for Brady. But not here, where it’s 100% Brady, all the time.”
    **************************
    The filing was joint. To define that for you- the NFL and NFLPA both asked for the sealing.

    ——

    The NFL agreed to it, like the NFLPA agreed to sealing the earlier appeal, but here on Florio’s truther blog, only the NFLPA agreeing to seal the earlier appeal is higlighted because it makes Brady’s case look better. Thanks for ignoring the first half of that comment, by the way, and for obvious reasons – because you can’t spin out of “the NFLPA would never agree to seal the earlier appeal if there wasn’t information in it Brady didn’t want public either.”

  105. rolf1015 says:
    Aug 1, 2015 10:37 AM
    spud1111 says:
    Aug 1, 2015 10:19 AM
    Cheetahs….four asterisks
    __________________

    The trolls continue to bring insight, logic, and intelligence to this discussion. I suppose that is what you do when you don’t have the facts to support your argument.

    ……………………………………..

    And the delusional Patriots fans still don’t understand how arbitration works.
    There was no crime committed. This is NOT a criminal case. There will be NO review, submission or ruling on ANY evidence from either party.
    This is taking place because the two sides cannot agree.
    Brady will be suspended and fined. How long and how much depends on what both sides can agree upon. If they don’t come to an agreement, the Judge will decide.
    The only way Brady is exonerated is if the NFLPA and the NFL agree on it. I doubt that happened.

  106. pixelito says:
    Aug 1, 2015 10:43 AM

    You got caught, Brady.
    ——-
    I’m still waiting for actual proof of that, the closest thing there is is a txt message with a nickname, but lets start at the beginning, how about some proof the balls were even deflated? First you need a crime, then you find suspects.

  107. I get a different reading. I’m hearing the judge say, that this is a done deal because the procedure is not inherently unfair and if it’s unfair at all, it was agreed upon in CBA. This matter should have been and was handled per both parties agreement.

    PS: Do not bother me with this type stuff, ever again. My decision is final. The court finds in favor of the NFL.

  108. DerekCarrsGoldenArm says:
    Aug 1, 2015 10:33 AM

    Why have a CBA if one of the parties, who has agreed to the terms in it, doesn’t like the outcome of one of it’s terms, and sues?
    ——————————–

    It is really simple, and if you had been reading actual information, instead of the insane ramblings of the patriots haters, you would know that the NFLPA did not collectively bargain that the Commissioner could turn into the Roman Emperor Caligula, and mete out punishment without any basis in reality. Especially when said punishment is based upon blatant lies and misinformation.

  109. 1 game suspension – to be chosen by the Patriots – no admission of guilt.
    ———————-

    Accepting a one game suspension IS an admission of guilt. If not, then why agree to the suspension?…….

    Patri*ts fans are Delusional

    Best Regards

  110. Josh, I don’t believe Brady will be given the honor of being a first ballot selection into the Hall of Fame. The voters can’t ignore his cheating. He destroyed his first ballot chances when he destroyed his cell phone and sold out his fellow players.

  111. I haven’t been a Florio fan but I have become one with his reporting on this. The rest of the media is sweeping real facts under the rug to get this story going.

  112. Talking about sealing portions of the hearing- remember that the evidence includes a spreadsheet with the names and phone numbers of people who Brady either called, emailed or texted from his previous phone.
    For privacy reasons, it makes good sense for at least that portion of the hearing to remain sealed.

  113. STILLlolatpatshaters says:
    Aug 1, 2015 12:27 PM
    My my.

    The bitterness from Patriot Hater is so thick you can spread it on some bread and have a nice sandwich! 🙂
    __________
    It is thick enough to spread out and make a hearty sandwich (perhaps more than just one), but add to the bitterness the envy and jealousy that Patriots Hater must feel and it would be the worst tasting sandwich ever – suitable only for a Jets fan to swallow.

  114. thefox61 says:
    Aug 1, 2015 12:35 PM

    And the delusional Patriots fans still don’t understand how arbitration works.
    There was no crime committed. This is NOT a criminal case. There will be NO review, submission or ruling on ANY evidence from either party.
    This is taking place because the two sides cannot agree.
    Brady will be suspended and fined. How long and how much depends on what both sides can agree upon. If they don’t come to an agreement, the Judge will decide.
    The only way Brady is exonerated is if the NFLPA and the NFL agree on it. I doubt that happened.
    ———————————

    The judge is going to rule on whether or not Emperor Goodell went against the CBA with regards to the type and severity of the punishment for Tom Brady.

    Considering that Emperor Goodell completely disregarded what he could and could not do, it is more probable than not that the suspension will be lifted, and maybe replaced with a cursory fine for Tom Brady for replacing his cell phone.

  115. qdog112 says:
    Aug 1, 2015 12:41 PM

    I get a different reading. I’m hearing the judge say, that this is a done deal because the procedure is not inherently unfair and if it’s unfair at all, it was agreed upon in CBA.
    ++++++++++++++++++++++++++++++++++++++++++++

    Read the Judge’s comments again. He CLEARLY stated –
    1.) No Sealed documents
    2.) The Public has a Right to Know = Goodell is Busted
    3.) I am familiar with the FACTS of this case = Goodell body slammed.
    4.) You won’t like my decision – hint to Goodell

  116. The voters can’t ignore his cheating. He destroyed his first ballot chances when he destroyed his cell phone and sold out his fellow playerS
    ===================
    Interesting. The NFL has absolutely zero evidence that Brady cheated, but somehow you do?! Not giving up a personal cell phone is not proof of guilt.

    I think you are just worried that he and his team are better than your team, and that’s why you want him suspend. Why not beat him on the field of play instead of using trumped up reasons to have him removed?

  117. To All Pats fans and supporters. The evidence shows that the equipment guys knew Brady likes the ball a certain way. A certain feel. That means if it’s too hard he doesn’t like it. So lets say the golden boy never said anything about letting air out of the ball. Brady could have squash this whole thing by saying just that. Never admitting to anything but I like the balls to have a certain feel but I never told them to take so much air out that it would be questioned. Simple. To me this is Brady’s and his lawyers fault. Guilty or not.

  118. Hope judge is paid a lot… “You two go back, talk and decide.” Brilliant! Get a judge and then have the two fighting with one another figure it out, simple.

  119. Goodell FORBID the Patriots from disclosing to the Public all relevant information starting with the leak of falsehood 11 of 12 and with who complained to who, the actual fact that Scientifc Facts agreed with no deliberate tampering of footballs occurred and 3 of 4 colts balls were under and the rest not tested and so on….

    Anyone at this point who thinks the Judge will rule with the NFL has there head up Goodells bottom.

  120. limakey says:
    Aug 1, 2015 12:53 PM

    Josh, I don’t believe Brady will be given the honor of being a first ballot selection into the Hall of Fame. The voters can’t ignore his cheating. He destroyed his first ballot chances when he destroyed his cell phone and sold out his fellow players.
    ——————————————————
    I can understand why you would feel that way if you believe Brady did something wrong here.

    I disagree. He might not end up being a unanimous vote first ballot hall of famer but he will be a first ballot hall of famer.

  121. mark4steelers says:
    Aug 1, 2015 11:09 AM

    Perhaps you weren’t paying attention…the NFL sued Brady.

    _____________________________

    And Brady sued the NFL in Minnesota, and filed a counter-claim in NY. Either way you look at it, Brady was willing to go to court.

  122. Translation: Play-time is over Roger. The grown-ups are in charge now. Judge will give you a 25k fine cookie and send you to your room.

  123. holeinone09 says:
    .

    My suggestion is to let the rest of teams handle this on the field when they play the Pats. The Pats have cheated against every team in the league, costing them money, wins and possible playoff appearances. That would not sit kindly with me if nothing happens here

    —-

    The Pats are more than willing to handle it on the field….the rest of the league can try…but isn’t that what they’ve been trying to do for the last 15 years….how’d that work out for them?

  124. xtutx says:
    Aug 1, 2015 1:23 PM
    Hope judge is paid a lot… “You two go back, talk and decide.” Brilliant! Get a judge and then have the two fighting with one another figure it out, simple

    I could be reading the judge wrong; but, I think by his order, he’s telling the NFL that 4 games won’t stand….why else would he tell them to settle.

  125. kellyh3034 says:
    Aug 1, 2015 1:21 PM

    To All Pats fans and supporters. The evidence shows that the equipment guys knew Brady likes the ball a certain way. A certain feel. That means if it’s too hard he doesn’t like it. So lets say the golden boy never said anything about letting air out of the ball. Brady could have squash this whole thing by saying just that. Never admitting to anything but I like the balls to have a certain feel but I never told them to take so much air out that it would be questioned. Simple. To me this is Brady’s and his lawyers fault. Guilty or not.
    —————————–

    Tom Brady is already on record as saying that he likes the footballs to be inflated to the low end of what the rules allow.

    He is also on record for saying that he doesn’t like them at 16PSI, which is what the refs inflated them to before a game against the Jets.

  126. Berman sounds like one of those judges who thinks he knows more about the lawyers’ respective cases than they do.

  127. A Judge that has INTEGRITY knows what the FACTS are and that the CBA does NOT include unprecedented & undefined punishment for “More Likely than Not” findings that have been PROVEN to be ‘No Deliberate Tampering by SCIENCE’ as well as the FACT that Goodell violated the Arbitration process as stated in the CBA.

    We have all seen what an ‘Impartial’ Attorney (Well$) has done for $5 million.

    We shall now find out if the Judge has been PAID as well.

  128. How Ironic…All the penalties dished out to teams complaining about the Refs giving breaks to Brady, it is ironic that the Brady and the NE Taint fans have no idea of NFL retribution. They will find out!!!

  129. Gimme, I think Brady is being told that play time is over. He either settles accepts any settlement the NFL offers or he will sit all four games. And for those of you who say that the judge thinks this is silly issue, you couldn’t be more wrong. The cheating that Brady is involved in has a direct impact on the game. He has rendered the final score and the stats of that game as unreliable.

  130. I believe Brady knew of the deflation and should be suspended. Whats taking so long? When Albert Bell got caught corking baseball bats he was disciplined. Suspend Brady for a couple games and be done with it.

  131. I have to say as much as I rip Florio for lack of football knowledge (and it is staggering considering he runs a football blog) Mike’s analysis of this case has been on point and fair… Good job Florio. Now if you could just hire someone who understands the game itself to write for you, that would be super.

  132. I would still like to know why the NFL decided to not test all the Colts footballs at the halftime.. and please spare me the “time constraints” line. Years and years of watching the NFL and who’s never heard of a delay in beginning a game, quarter, or half? And doubly so when “the integrity of the game is at stake.” Funny how that phrase only applies to specific situations.

    The Colts footballs testing under the 12.5PSI threshold on at least one of the gauges just did NOT fit the plan.

    The best thing Judge Berman could do is to put this entire process into the “public domain.”

  133. The trick for the NFL is convincing Judge Berman that the commissioner is more deserving of our pity than of a lawsuit

  134. brohamma says:
    Aug 1, 2015 5:08 PM

    I would still like to know why the NFL decided to not test all the Colts footballs at the halftime.. and please spare me the “time constraints” line.
    ————————————————

    Because they fudged their undies when they started measuring the Colt’s footballs, and saw that they were below 12.5PSI as well, and had to go change their Depends.

  135. Limakey

    Brady is taking your boys JG snaps. and most likely will never help him get up to speed.

  136. DerekCarrsGoldenArm says:
    Aug 1, 2015 10:33 AM
    Why have a CBA if one of the parties, who has agreed to the terms in it, doesn’t like the outcome of one of it’s terms, and sues?

    What happens when one team, during the offseason, gets too physical in OTA’s, gets punished, and says “by our definition, we didn’t break the terms in the CBA” and are now suing the NFL in federal court?
    ———
    Or a player plays for a team that has a proven track record of crossing the line, not following established rules, thinks he’s above the game, rules, has zero moral code re: gets girlfriend pregnant then dumps her soon after to chase a super model, conspires with team equipment personnel to cheat the game, and is rewarding for his cheating, and the conspiracy, with a first class front row ticket to play in the games biggest game – And wins…well, after another team gives the game to him.

  137. gobolts says:
    Aug 1, 2015 1:10 PM
    Interesting. The NFL has absolutely zero evidence that Brady cheated, but somehow you do?! Not giving up a personal cell phone is not proof of guilt.

    I think you are just worried that he and his team are better than your team, and that’s why you want him suspend. Why not beat him on the field of play instead of using trumped up reasons to have him removed?
    ——–
    Not so fast.
    You’ve obviously not been paying attention. “Proof” of “guilt” standard for this case is “more probable than not.” As it is for MOST civil cases.
    The EQ guy taking the balls from the refs locker, without the refs permission, and then concealing them alone in the restroom, alone creates sufficient doubt and probability that a reasonable person could conclude that combined with Brady then meeting one on one with this person, in the QB’s private office, for the first time ever, creates all the conspiracy probability that one needs to come to a just conclusion in this case. That’s without all the nonsense about the deflator weight loss program, etc, and all the other facts that were divulged in the investigation. It’s not about the PSI, it’s about the conspiracy to cheat the game, and opponents….See Spygate. Of course most of us get that after getting busted for Spygate that NE fans are ultra sensitive about it being mentioned. Well, that’s another reason we’re now here….Deal with it.

  138. The Wells report is a horribly inept and biased unproven hypothesis. Nothing was proven to any reasonable standard and some facts were manipulated towards the desired outcome. It’s a shame. It also does not matter much if at all. This entire case revolves around one single point. That point happens to be exactly what the league wanted a ruling on. Does Goodell have the authority to hand down discipline in this matter per the language in the CBA? The union can only argue that the procedures followed were contrary to the CBA. The ineptitude of the report does not matter. All that matters is whether or not Goodell can choose to accept or decline those findings when making his decision. If he has the authority to use his own judgment and discretion then he also has the authority to be wrong in its execution. I don’t like it and I would expect the Commissioner to be more competent and unbiased in his decision making process but the NFLPA agreed to those terms by signing the CBA. This is similar to a defendant choosing a trial by jury (instead of by a judge) and then after being found guilty claiming the process was flawed and requesting the decision be made by the judge rather than the jury. As poor of a decision as it was, I believe it was within Goodell’s authority to make it. The correct call would be to uphold the decision unless there was a blatant procedural violation of the CBA. That said, I think the Patriots have a strong case against the league for defamation and the devaluing of their brand. Roger should have cleaned house concerning the shady stuff going on in the league office.

  139. “If this was any other team, any other player besides Brady you’d all be against the NFL,”
    _____

    Every other team when the gig is up. They have paid the piper. Only this team carries on like this. It’s as if they have their own set of rules and standards.

  140. bigbits2 says:
    Aug 1, 2015 10:40 AM
    I wonder if the NFLPA regrets agreeing to seal the appeal hearing transcript in light of how Brady was treated by the NFL since then? I.e another leak that spelled out to Stephen A. that essentially said ‘this is, among other things, us showing them who’s the boss’.

    ___________
    Good comment, but you need to realize that with Goodell in charge that the NFLPA had no real say in the matter. They could either reluctantly agree, or push the issue and piss off Goodell and then have him rule to seal the records anyway. With Goodell as judge, jury and executioner the NFLPA had no real say in the matter.

  141. No ruling can ever repay the Patriots and Tom Brady for the hell they went through during the 2 weeks leading up to the Superbowl.
    That was the most unfair situation for any team trying to get ready to compete for the Championship.

  142. If Brady wants full exoneration and his name cleared. It goes w/o saying that having the records sealed is part of the process.

  143. northeastkiller says:
    Aug 1, 2015 12:16 PM

    “Your team could be next.” God, the arrogance of some in the fanbase. Newsflash, chuckles, some of our teams already WERE next, and your owner who you want to paint as some sort of George Washington merrily stood by Roger and wagged his finger at those teams publicly, insisting Roger was the greatest and bestest commissioner ever. It’s the same reason why Kraft has no support among the owners – it’s not jealousy, it’s not “HATERZZZZ,” it’s people not liking a person who only dislikes the system when it’s working against them.
    ___________________

    Amen, bro!!!

  144. sxk129 says:
    Aug 1, 2015 12:56 PM

    Talking about sealing portions of the hearing- remember that the evidence includes a spreadsheet with the names and phone numbers of people who Brady either called, emailed or texted from his previous phone.
    For privacy reasons, it makes good sense for at least that portion of the hearing to remain sealed.
    __________________________

    The phone numbers can be redacted without diminishing the substance of the evidence.

  145. Based on my years of practice in numerous federal courts across the country I do not find Judge Berman’s initial case management efforts to be in any way remarkable. However, I do find his use of plain English to be uncommon and refreshing.

  146. My prediction – 6 months from now the data collected from 260 games will prove that the balls were never deflated and then the NFL will say that it was never about deflated balls.

  147. DerekCarrsGoldenArm says:
    Aug 1, 2015 10:33 AM

    Why have a CBA if one of the parties, who has agreed to the terms in it, doesn’t like the outcome of one of it’s terms, and sues?

    —————————————-

    Because the NFL doesn’t actually follow the CBA in these cases.

  148. This is way out of hand. Basically, the reason Brady and the Pats are getting the 4 games and big fine is lack of cooperation. It wasn’t a huge deal, and if Brady had said he asked for the balls to be on the low end and was sorry that is caused a problem, the whole thing would be over. The NFL offered him a reduction, and he refused. He will not accept any responsibility. If he is not willing to compromise now, it will get a whole lot worse. If he had handled it better initially and accepted responsibility, been cooperative, it would not be at this level. I am really sorry for this because I like Brady, and I think he is a great person and QB.

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