Judge Berman orders NFL-NFLPA to not file documents under seal

AP

Full transparency is coming to the Tom Brady appeal process.

Judge Richard M. Berman, who strongly hinted on Friday that he won’t be inclined to allow the NFL and NFLPA to keep the transcript of the 10-hour Tom Brady appeal hearing secret, has ordered the parties to not submit materials under seal, according to a source with knowledge of the situation.

It means that the transcript of the Brady appeal hearing will soon be made public.

The NFLPA previously attached the transcript as an exhibit to the filing made under seal in federal court in Minnesota. With that case transferred back to New York, the union soon will be re-filing its initial submission, with the transcript as an exhibit.

And the transcript at that point will be a matter of public record. Which means that it’ll be time to brew some coffee and put on the cheaters, because anyone paid to comment on this case will be compelled to read every word of every page of the transcript.

207 responses to “Judge Berman orders NFL-NFLPA to not file documents under seal

  1. “In the beginning of a change the patriot is a scarce man, and brave, and hated and scorned. When his cause succeeds, the timid join him, for then it costs nothing to be a patriot.”

    ― Mark Twain

    Remember this when Goodell gets kicked to the curd.

  2. when you say “brew some coffee”….I interpret that as “get some coffee porter brew”.

  3. I’d like to see Brady play so other teams don’t have to drop defensive backs any deeper than 20 yards. We all know how weak Brady’s deep ball is.

  4. Goody goody. We get full transparency on how poorly both sides handled this situation. Can’t wait.

  5. NFL is terrified right now. The irony of this all. NFL has been leaking, issuing 100s of pages of report and all of Brady’s testimony from the wells report and the appeal hearing has still been completely hidden from the public.

    Forget whether you believe him or not, pretending to be independent and doing that is the most disingenuous thing possible.

    Good for Judge Berman

  6. Not even sure what that Mark Twain quote is supposed to mean.

    On a lighter note:

    Who is the overall consensus #1 fantasy pick regardless of scoring settings? I say AP all day.

  7. This just keeps getting worse for Goodell and the league. Things are looking up for Brady.

  8. Czar Goodells time is slowly coming to an end….all we exposed for what it is, a scheme brought up by disgruntles in the league office (ex-Jets employees) who wanted to get back at the Patriots….even if the Czar didn’t know what was going on at the time, he is the one steering his 40 million dollar ship……see ya later Rodger!

  9. I know the hearing in Federal Court is not the place to re-hear the facts of the case. Nonetheless, given this is the very first time the Patriots’ perspective will be heard by a truly neutral party, I applaud the Judge’s insistence on full transparency for the records on file.

  10. Great news for the Brady camp!

    We’ll get to read Kessler and Brady’s team tear the Wells report a new one.

    It’ll be interesting if the NFL decides to settle now to avoid this transcript being made public.

    Remember it was at the NFL’s request that the NFLPA initially file the documents under seal in Minnesota in the first place.

  11. Mark Twain. Good grief.

    In other, non-unbelievably over the top nonsense based on what shirt a player is wearing, good. Let’s put all the cards on the table.

    If we even get to read this stuff. You have to think this is another force-a-settlement tactic by Judge Berman, as you’d have to imagine both sides have things in there they’d rather not have everyone know.

  12. With Brady requesting his appeal hearing to be done under oath, I’m really curious to see how this whole kangaroo-court hearing went.

  13. Transparency. That’s the first sane thing I’ve heard since this whole mess began.

  14. Can’t wait to read how TB squirmed when asked about the cell phone and then admitted it was destroyed on his command. Oh and that it was his normal procedure to do so, but not like, all the time. Thumbs down this post if you have ever destroyed your cell phone when you get a new one.

  15. Chris Mortensen should not have a job. In fact, ESPN! Colin Cowheard should have a job more than Chris Mortensen.

    Forget about every pre-conceived notion or Patriots bias: WHAT A TERRIBLE JOB OF REPORTING…AND FOLLOWUP! 6 months later…that’s HORRRRRRRIBLE!

    Shame on you john skipper. Lousy leadership, too.

  16. it will be interesting to see if they settle before that transcript gets filed.

  17. No more hiding for the NFL and Goodell. Brady voluntarily testified under oath, we’ll see how comfortable the corrupt NFL is under a microscope now.

  18. Interesting that the NFL filing kept the Brady transcript under seal. The party that wants something seal obviously doesn’t want a document to available to the public. Why does the NFL care if the Brady transcript is a public document or not?

  19. glenuendo says:
    Aug 4, 2015 4:21 PM

    Time to break out some popcorn.

    Hell, I may have to invest in that market.

    ———————————–

    The NFL has already cornered the popcorn market with their daily leaks of false information to invigorate both Pats haters and fans alike. Just another fraudulent act by the National Federation of Leaks.

  20. I have had a couple of cases before Judge Berman and this is consistent with his style. He strongly encourages the parties to work things out without his involvement. But if you insist on litigating, everyhting will be out in the open. I still have a pen I received from him after a case settled along with a nice personal note congratulating us (every lawyer on the case got one) for resolving the case amicably. Great judge and very fair.

  21. As a Pats fan, I would love to think that this would reveal some kind of beneficial information on Brady’s behalf. With the way things have gone though, I’m not getting my hopes up.

  22. As a Pats fan I’m glad to see this. Now I’ve heard grumblings from both sides that the NFL didn’t want the docs made available, and from others that Brady didn’t want it. All I want is transparency. If the NFL or Brady are hiding damning evidence behind the curtain I want it out. That’s the only way we’ll get to the finish line here and have any hope of a legitimate resolution.

  23. 8 hours of Brady being badgered by the NFL and Lorin Reisner, who was actually supposed to be independent and separate from the nfl? Yawn.
    At least we’ll see everything rather than just the ESPN propaganda machine shouting the headlines they’ve been handed.

  24. When this is all over can we get Stephanie Stradley as the new commissioner of the NFL? Yes that’s a woman. If you don’t know who she is I suggest you use the Google to find out, she’s just what this league needs.

  25. This plays out something like this:
    Goodell: “You can’t handle the truth! We live in a league that has walls, and those walls have to be guarded by men. Who’s gonna do it? You? I have a greater responsibility than you could possibly fathom. You weep for Brady, and you curse Kensil. You have that luxury. You have the luxury of not knowing what I know. That Brady’s punishment, while tragic, probably saved viewers. And my existence, while grotesque and incomprehensible to you, saves advertising dollars. You don’t want the truth because deep down in places you don’t talk about at parties, you want me on that wall, you need me on that wall. We use words like honor, code, loyalty. We use these words as the backbone of a life spent defending something. You use them as a punchline. I have neither the time nor the inclination to explain myself to people who rise and sleep under the blanket of money that I provide, and then questions the manner in which I provide it. I would rather you just said thank you, and went on your way. Either way, I don’t give a damn what you think you are entitled to.”

  26. because anyone paid to comment on this case will be compelled to read every word of every page of the transcript.

    —-

    Well, except for Troy Vincent. He just makes decisions. He can’t be bothered to actually read the stuff he’s supposed to decide on! I mean, that would be ridiculous!

  27. Well patsie fans looks like Cheater Brady will get to play since the NFL is going to botch this whole process & won’t get done in time!!! Then he’ll retire with Gisele next year & NO TIME SERVED!!! Soon after that BB will retire then the by GOD patsies the darlings of the NFL will suck again, like the 70’s 80’s & early 90’s!!!

  28. Justice Brandeis:

    “If the broad light of day could be let in upon men’s actions, it would purify them as the sun disinfects.”

    That means you, Roger.

  29. I think I have read more in the last couple of months than I did in my 4 years of college. And my professors pounded us with books.

  30. jnasty5000akajungguns says:
    Aug 4, 2015 4:29 PM

    Can’t wait to read how TB squirmed when asked about the cell phone and then admitted it was destroyed on his command. Oh and that it was his normal procedure to do so, but not like, all the time. Thumbs down this post if you have ever destroyed your cell phone when you get a new one.
    ——————————-

    He likely didn’t squirm at all, since he volunteered the information.

  31. I wouldn’t celebrate yet fans of Brady. If he wins you lose because you will have 31 owners out to get you because they failed this time…..they won’t the next because cheaters gotta cheat.

  32. jnasty5000akajungguns says:
    Aug 4, 2015 4:29 PM

    Can’t wait to read how TB squirmed when asked about the cell phone and then admitted it was destroyed on his command. Oh and that it was his normal procedure to do so, but not like, all the time. Thumbs down this post if you have ever destroyed your cell phone when you get a new one.

    ————–

    If you don’t permanently delete your old cell phone when you get a new one then you are crazy. At least factory reset, but destroying it would actually be the safest. Any personal data, photos and credit card data could be retrievable if it ever got into the wrong hands. Even if someone else used it first.

    The only way to keep it would be to keep it someplace safe as a back up and then delete or destroy it after some predetermined time. Every few years or something.

    Same goes for old hard drives.

    It’s just good data security practice.

    As for Brady being in the middle of an investigation, he should have put it in a safety deposit box incase he needed it. Even though he had the right to destroy it, it made him look guilty whether he is or not.

  33. Just a reminder, all this over 0.4 psi deflation, which didn’t even happen if you control for the same gauge, related to ball pressure never before tested in an NFL game, during a game the Patriots won 45-7, and where their opponent actually scored 0 points once their own footballs were tested.

    $5 million and counting, too.

  34. All you Patriot fans understand that the NFLPA filed the transcript under seal, right? I would take that to mean that there is stuff in the transcript that the UNION doesn’t want made public. I also assume that there is plenty in there to embarrass the league, too. This is Judge Berman’s effort to get the sides to settle, lest ALL of the dirty laundry comes out.

  35. It was the NFL that wanted it sealed, why the heck would Brady want them kept under wraps? Why go under oath if what you’re saying is going to hurt your case?

  36. thisonesforpat says:
    Aug 4, 2015 4:30 PM
    Chris Mortensen should not have a job. In fact, ESPN! Colin Cowheard should have a job more than Chris Mortensen.

    Forget about every pre-conceived notion or Patriots bias: WHAT A TERRIBLE JOB OF REPORTING…AND FOLLOWUP! 6 months later…that’s HORRRRRRRIBLE!

    Don’t blame Mort…he was lied to.

    Hey Mort, what about the Tweet that the Colts footballs were all legit, when in fact 3 out of the first 4 tested were all under. Makes you wonder why they stopped testing huh ?

    We ran out of time….hahahahaha…..ok.

    NFL League Office is a true embarrassment. Lucky for them their product is so good !

  37. Although we cannot know for sure, this has to create more problems for the NFL, because Brady has not been able to speak and the NFL has gotten piecemeal or false stuff out there from the get-go.

    Looks to me like a tactic by the judges to force the NFL to get real very fast on a settlement in which they have to do most of the backing down — to a fine — in return for not having all of the dirty laundry out there. Goodell is in a powerful position in formal terms, but not necessarily if it all hangs out, because owners have to be starting to ask questions. Billionaires like stuff “handled” and it must be dawning on them, slow learners, that this commissioner is not handling very well disciplinary cases in which he tries to play God

    We should all hope some owners step in and force a new appeals process that is fair going forward.

    Judge Berman is probably hoping for a settlement in the next day or so and using this, one of the few non ruling tools he has, to push it along.

    On the one hand, I would like to see the hearing transcripts. On the other hand, I have research and writing to do and this stuff takes a lot of time……

    Just get Brady, guilty or not, back on the field. The team is already paying a ridiculous price in lost draft picks.

  38. This order is designed to create a further incentive for settlement.

    Assuming we want transparency, as a huge Patriots’ fan who has been to 4 Super Bowls (3 W’s), I ask this of the Patriots: Issue a press release, ask Jastremski and McNally to come out and simply tell the truth. End of story.

    Otherwise, while I strongly believe that Brady in particular has been mistreated by the NFL and that Kessil was out to get them, you are hiding something, maybe that something has gotten blown WAY out of proportion, but until you set those guys out to speak, you look guilty.

  39. couldn’t you have posted this article earlier in the day? now I’ll have to follow this thread on my own time.

  40. Ummm clueless Pats fans, dont be excited. The NFLPA are the ones who wanted to conceal this, not the NFL. If anyone doesnt want these made public its Tom’s camp. And again, why hide anything if your not wrong? I love the pats fans saying “this is great! This will show how bad the NFL is handling this” even tho they are being transparent. Brady hid his phone, Kraft hid JJ and JM and now NFLPA is tryiing to hide the transcripts………..

  41. jchipwood says:
    Aug 4, 2015 4:22 PM
    I’d like to see Brady play so other teams don’t have to drop defensive backs any deeper than 20 yards. We all know how weak Brady’s deep ball is.
    —————————-

    Yep. Just weak enough to make it to the Superbowl almost half of the years he’s started.

  42. Finally, some clarity to this clustertruck. I wonder who else testified under oath – Ted Wells, maybe?

    Mark Twain is on the pantheon of great Americans.

  43. I doubt the Haters will read it – they, and many of the media talking heads – admit they didn’t read the Wells Report to see how biased it was – let alone the Wells Report in Context

    They just prefer to parrot the talking heads, read the headlines only and maintain their opinion that Brady cheated despite the clear efforts of Goodell to manipulate evidence which actually exonerates Brady

    I don’t doubt much of the Goodell hearing will put negative light on Brady though – that was it’s intent after all

    But we may also find that Goodell is playing pretty loose with the facts yet again… Most Haters present a picture of Brady taking a hammer to his phone, which the NFL had previously said they didn’t want or need and Brady told them they weren’t getting (just like Goodell refused to give his cellphone to Mueller)

    In reality it may simply be that Brady did what anyone getting a new cellphone SHOULD do – and that’s wipe the memory of the old one… a very different visual than someone taking a hammer to a device

    Of course the phone is a red herring when we’ve seen how biased this supposed “independent and unbiased” process has been

  44. I don’t know which will be more entertaining…the upcoming Republican presidential debate or the Tom Brady appeal proceedings!

  45. dmd84 says:
    Aug 4, 2015 4:49 PM

    It was the NFL that wanted it sealed, why the heck would Brady want them kept under wraps? Why go under oath if what you’re saying is going to hurt your case?

    ————–

    That’s what I think too, but why did the NFLPA submit them under seal in the first place then? Did they not have the right to submit them as a public exhibit without the judge ordering it?

  46. wclj says:
    Aug 4, 2015 4:48 PM

    All you Patriot fans understand that the NFLPA filed the transcript under seal, right? I would take that to mean that there is stuff in the transcript that the UNION doesn’t want made public. I also assume that there is plenty in there to embarrass the league, too. This is Judge Berman’s effort to get the sides to settle, lest ALL of the dirty laundry comes out.

    —————

    I think they have to file again even if they plan to settle, which means it will already be public.

  47. Mike – as much as this story has been beat into the ground, you have done a tremendous job covering it. Very helpful to have your legal insights as well. Thank you

  48. bullcharger says:
    Aug 4, 2015 4:39 PM

    deacon85 says:
    Aug 4, 2015 4:33 PM

    “The NFLPA previously attached the transcript as an exhibit to the filing made under seal in federal court in Minnesota.”

    I dont know how much clearer that could be, the NFLPA wanted them sealed. Boy Tom’s side just keeps trying to hide things. Wierd.

  49. I’m sure the Haters realize that Brady handed over the lists of all the people he’d called, emailed and texted with

    … including the personal phone numbers of a veritable who’s who of sports and fame – including his wife Giselle

    That alone is good enough reason to seal it – though one would HOPE they redact such information, otherwise I think Mrs. Brady will soon be getting a new phone and phone number as well

    The Haters of course will interpret that as PROOF that Brady’s guilty

  50. NFLPA knew this day would come, which is why they had Brady voluntarily testify under oath.

    Brady’s sincere/genuine testimony is going to carry a lot of weight when you factor in that he volunteered to deliver it under oath.

    Hopefully this is the beginning of the end for the NFL’s case and Roger Goodell.

    FIRE GOODELL!!!

  51. I am curious why so many of you think this case will have ANY effect on Goodell’s employment. This case is about Tom Brady, not Roger Goodell. Judge Berman might verbally castigate Goodell for his piss poor handling of this entire affair, but it is not in his power to “fire” Goodell.

    I question many of Goodell’s decisions and especially his uneven punishments, but I see absolutely no reason why the owners not named Bob Kraft would have any motivation to remove him at this time.

  52. This is truly the best news I’ve heard in 6 months with Deflategate. If Brady squirmed or sounded untruthful in the appeal then I will give up the fight. But by all accounts he was incredible during it. He testified under oath too! This is going to be great.

  53. “The NFLPA previously attached the transcript as an exhibit to the filing made under seal in federal court in Minnesota. With that case transferred back to New York, the union soon will be re-filing its initial submission, with the transcript as an exhibit.”

    Looks like NFLPA will be forced to expose more than the destroyed broken phone Tom Brady had…

  54. wclj says:
    Aug 4, 2015 4:48 PM

    All you Patriot fans understand that the NFLPA filed the transcript under seal, right? I would take that to mean that there is stuff in the transcript that the UNION doesn’t want made public. I also assume that there is plenty in there to embarrass the league, too. This is Judge Berman’s effort to get the sides to settle, lest ALL of the dirty laundry comes out.

    ———-

    your assumptions seem a lot like Wells’ assumptions.

    go read footnote 1 of the NFLPA’s filing.

  55. There was a reason Wells did not investigate the NFL guys. If he did that work, even if sealed, would be pierced and made available to Brady. As positive as this announcement is it doesn’t mean we will see the whole truth and nothing but the truth.

    We should at least see the case the Brady team made to Goodell that he rejected 100%.

    We will see the commingling of “independent” investigators and the NFL counsel that have through some mysterious process can be both independent while having their communication with the NFL protected as attorney client privileged.

    Let’s see if the NFLPA files a motion for access to the notes and communication, including all drafts of the Wells Report and the Expert’s report, between the Wells firm and the NFL and the expert. Especially interesting will be Pash’s comments on the well Report before it was published.

  56. northeastkiller says:
    Aug 4, 2015 4:47 PM

    Bullcharger – both. One requested, the other accepted, so there’s unattractive stuff in there for both sides.

    ————–

    makes sense.

  57. letsgobuffalo4 says:
    Aug 4, 2015 4:52 PM

    Ummm clueless Pats fans, dont be excited. The NFLPA are the ones who wanted to conceal this, not the NFL. If anyone doesnt want these made public its Tom’s camp. And again, why hide anything if your not wrong?
    —–

    typical stuff from you.

    go read footnote 1 of the NFLPA’s suit

  58. Everyone knows the cellphone was destroyed for this exact moment. The real details can no longer be revealed. Cheaters till the e end

  59. All NFL fans should look forward to transparency once and for all. remember, Ted Wells sat down with Brady, McNally and Jastremski for hours and hours but did not include a single quote from any of them in the 243 page Wells report.

    Not a single quote. Why not? Because they were being completely truthful they did not deflate footballs byut that did not fit the predetermined narrative that all three were guilty.

    Bring on transparency!

  60. @iamkillerfin

    When’s the last time your team won. Pats fans can send you a replica championship ring. There’s four to choose from

  61. Goodell going down

    Great job on this Mike. Can’t believe no one else interested in the truth.

    However, your comment that people will read the transcript is funny. No more than a dozen nonPatriot fans have read the Wells report. I bet not a single person at ESPN has read the Wells report, the AEI report and the Patriots rebuttal in full. Not one. I even bet no one in the league office has. They lack the attention span and can’t digest complex matters.

  62. I thought the NFLPA made an agreement with the NFL at the appeak hearing not to make the transcripts public. Is that deal going to be made public as well? It’d be nice to see exactly what the doublecross involves.

  63. bullcharger says:
    Aug 4, 2015 4:55 PM
    dmd84 says:
    Aug 4, 2015 4:49 PM

    It was the NFL that wanted it sealed, why the heck would Brady want them kept under wraps? Why go under oath if what you’re saying is going to hurt your case?

    ————–

    That’s what I think too, but why did the NFLPA submit them under seal in the first place then? Did they not have the right to submit them as a public exhibit without the judge ordering it?
    —————

    I believe there is a stipulation in the CBA that all documents must be kept confidential.

    That said, Brady asked to testify under oath knowing full well that this would likely go to a court of law and be public.

    Only time will tell who has more to hide, assuming we actually get to see the docs.

  64. AWESOME – The Judge will be DISGUSTED with Goodell & Well$ and even if the Judge finds that Brady is not squeaky clean, the absolute MOST that can be leveled against Brady is a fine.

    There is absolutely nothing that the Judge will be able to sustain a suspension – Nothing in the CBA and nothing on Brady other then the fine for footballs or perhaps not fully cooperating with the Witch Hunt.

  65. When is the last time someone with money gets caught red handed doing something wrong and actually has to admit it and pay a price for it.
    Get ready NFL fans, Patriots escape again. Time to move on.

  66. OK Patriots fans, if this doesn’t go as propitiously for you as you hoped, don’t cry at us but expect a lot of flack. We’ll see what becomes of this. I do think the NFL has handled this poorly but the Patriots are far from spotless. Those with common sense know this.

  67. “By all accounts Brady was great at the appeal” – rather A source, assuredly on Team Brady, who talked to ESPN, then a couple hours later PFT found their own source, assuredly a league source, who said Brady just gave them the same runaround as always. Look it up, I’m sure the article’s still here.

  68. “The entire world is trying to frame NE because they have never been punished for cheating before and they are totally awesome.”
    -Pats fans

  69. Lets not get silly about this. Everyone from Brady to the Deflator knew these transcripts could be opened in court, so nothing revealing should be said. Most knew they WOULD be opened, once the judge was set. So, you won’t read transcript of Brady saying “Screw you, i’m not telling.”

    That being said:

    There will be ample time for sites thoroughly invested in the NFL losing (i.e. this one) to pick out trees, and ignore the forest, once again.

  70. I think it’s simple though, if you see an article pop up on ESPN or the NFL page about this, then you know the NFLPA has more to hide.

    However, if you don’t see this on ESPN or NFL, you can be sure that the NFL is going to look really bad. The only way they can control public perception is to make sure the minimum amount of people see the docs….

    What’s sad is that the Pat haters out there can’t see the forest for the trees…they better hope that the next Bountygate or Deflategate isn’t about their team…

  71. If it will stop the transcripts from being released, the NFL will settle quickly. The release of everything will reveal some embarrassment for the Patriots, but may signal the end for Goodell, Pash and Kensil.

  72. letsgobuffalo4 says and others claim:

    Ummm clueless Pats fans, dont be excited. The NFLPA are the ones who wanted to conceal this, not the NFL. If anyone doesnt want these made public its Tom’s camp. And again, why hide anything if your not wrong? I love the pats fans saying “this is great! This will show how bad the NFL is handling this” even tho they are being transparent. Brady hid his phone, Kraft hid JJ and JM and now NFLPA is tryiing to hide the transcripts………..
    *******************************
    Wrong again, dog breath. Even if you don’t buy the reports that it was the NFL that requested the sealing and that the NFLPA reluctantly agreed…not only was it Brady who requested to testify UNDER Oath at that hearing, it was the NFLPA which attached the transcript to its case for the Minnesota courts. Why would they include it if they thought it would do harm to their case?

  73. Sounds to me like the NFL may be a bit more inclined to accept Brady’s original settlement offer of 4 game fine and no suspension after this news came out. The NFLPA filed this under seal at the request of the NFL, now it all comes down to who has the most to hide here. I believe that is the NFL, because as mentioned before the NFLPA brought up details about the Peterson and Rice cases, and the NFL doesn’t want any of that going public. Glad to see there is FINALLY neutral arbitration taking place and Brady/NFLPA are finally in a position to squeeze the NFL here. Goodell’s days are numbered.

  74. Brady loves transparency so much he trashed his phone and then told the NFL to go track down the 10,000 people he texted with to figure out for itself whether he cheated.

  75. Florio, does this impact discovery?

    There is a lot of material that was not made available to Brady’s counsel by the NFL that would help them call into question the NFL’s and Wells’ findings. For example, Pash’s comments on the Wells’ Report before it was finalized or all drafts of Exponent’s report.

    Goodell’s willingness to let the Wells firm be both “independent” and the producer of “attorney client privileged communication” just boggles my mind. How does Berman let that stand?

  76. paulrevereshorse1775 says:
    Aug 4, 2015 4:51 PM
    couldn’t you have posted this article earlier in the day? now I’ll have to follow this thread on my own time.

    _____________

    Best post on any Framegate article yet!

  77. nfl1818 says:
    Aug 4, 2015 5:03 PM
    Goodell going down

    Great job on this Mike. Can’t believe no one else interested in the truth.

    However, your comment that people will read the transcript is funny. No more than a dozen nonPatriot fans have read the Wells report. I bet not a single person at ESPN has read the Wells report, the AEI report and the Patriots rebuttal in full. Not one. I even bet no one in the league office has. They lack the attention span and can’t digest complex matters.
    =====================
    There is the main problem, though. People form opinions based on snippets. Or, they discount the Wells report because of the AEI report…then fail to keep track that others have debunked AEI. They also lack the attention span to look at the case in its totality (does it reach the 51% threshold), rather they focus on a singular detail, or leak.

    That

  78. If I understand the pure legal commentary correctly, then it will be difficult if not impossible for Brady to win this case.

    It’s not because he is either guilty or not guilty. It’s because there’s a CBA in place and the US Federal Courts are extremely reluctant to overturn an arbtrator’s decision under CBAs. Apparently it happens less than 1% of the time.

    Conclusion: if Brady wins, it will only be because the NFL has done things so egregious, so truly shameful that the court has no choice.

    Remember that when the decision comes down–if Brady wins the it will signifiy an incredible, almost unprecedented rebuke of the NFL and of Roger Goodell.

  79. 1. jchipwood says: Aug 4, 2015 4:22 PM
    I’d like to see Brady play so other teams don’t have to drop defensive backs any deeper than 20 yards. We all know how weak Brady’s deep ball is.
    You’re so lame JCHIPWOOD, here are the FACTS:
    Tom Brady has 11.7 yards per catch average for his career (last season 11.0)
    Peyton Manning has 11.8 yards per catch average for his career (last season 12.0)
    Drew Brees has 11.3 yards per catch average for his career (last season 10.9)
    Arron Rodgers has 12.5 yards per catch average for his career (last season 12.8)
    Dan Marino has 12.4 yards per catch average for his career (His last season 12.0)
    Tony Romo has 12.1 yards per catch average for his career (last season 12.2)
    John Elway has 12.5 yards per catch average for his career (last season 13.4)
    Steve Young has 12.4 yards per catch average for his career ( last season 9.9)
    Joe Montana has 11.9 yards per catch average for his career ( last season 11.0)
    So I ask you jchipwood if you know football at all……can you honestly say that Tom Brady had only Randy Moss for truly one season…can you imagine if he had any two of these guys for 4- 5 season???
    Jerry rice, Reggie Wayne, Marvin Harrison, Shannon Sharpe, Terrell Davis, Edgerrin James, Marshall Faulk, Jordy Nelson, Randle Cobb, Eddie Lacy, Terrell Owens, Miles Austin, Jason Witten, Dez Bryant, Roger Craig, Dwight Clark, Ricky waters,

  80. Most of the posters on here are dumb and letting emotion drive thinking. The nfl sealed the doc just as your employer would not release your performance review or warning letter. A judge can do that. It will be bad for brady. You will see how he squirms. The nfl had nothing to hide, that is why they inclued in their legal suite.

  81. Let the truth shine through! I have a feeling it’s the NFL that is going to look very, very bad here. Brady testified under oath at the appeal hearing. This whole sham has been under the supervision of Goodell and the NFL, like a communist regime dictating what the common people can and cannot know. Now it is under a truly independent judge for the first time, and this judge demands transparency. Brady will play week one, and I hope there is enough that comes to light to cost Goodell and his cronies in the front office their jobs.

  82. It is interesting that the NFLPA and Tom Brady filed the transcript under seal.

    I wonder what is in the transcript that they did not want us to read . . . .

  83. I’d like to see Brady play so other teams don’t have to drop defensive backs any deeper than 20 yards. We all know how weak Brady’s deep ball is.

    Yeah, as a Pats fan I do find his long ball frustrating at times. But there is nobody else I want QB’ing my team.

    Who is your QB, hater? LOL.

  84. Brady testified under oath in New York. He has nothing to hide.

    The NFL has a long string of misinformation, planted false stories, shady PR campaigns, and spin doctoring of data that they would prefer not be so openly noticed.

    Openness favors the innocent: Brady

  85. And this is what you get when you have a non-attorney as Commissioner.

    My choice for the next Commish: Condeleeza Rice. She wants the job and I couldn’t think of anyone more competent or respected than her. She’s a rabid football fan as well.

    Condi 2015!

  86. put on the cheaters
    ==============

    Ironic when discussing Brady, no?

    Cheers

  87. Now if they would only bring all the Ray Rice documents to the public as well ‘$44 mil a year for incompetency Roger’ and his cronies will FINALLY be put out to pasture.

  88. northeast_shoot-N-miss

    Simple Logic here:
    A.) Goodell Lied on National TV about Deflategate

    B.) the League source said “Brady gave the usuall runaround”

    Therefore A + B = Goodell & the League are TOAST

  89. j0esixpack says:

    I’m sure the Haters realize that Brady handed over the lists of all the people he’d called, emailed and texted with
    ———————————————————-
    Yeah Nixon handed over transcripts of the Watergate tapes too. Look how well that worked out for him when they got the actual tapes.

    What are all you delusional Pats fans going to say when Brady loses this round too?

  90. An interesting point made on ESPN: “Part of the NFL Players Association’s argument in Brady’s hearing was based on the appeals of Ray Rice and Adrian Peterson, so the transcript would include excerpts from those cases’ documents, which were ordered sealed.”

  91. “Petitioners have also filed contemporaneously with the Court an ex parte motion
    to file certain of those exhibits, as well as selected portions of this Petition, under seal
    because the NFL insisted upon a confidentiality agreement.”
    ******************************************************
    Page 2 Footnote 1
    ******************************************************
    I don’t think the NFLPA has anything to hide except phone numbers of famous people from Brady’s spreadsheet provided to the NFL. It is the NFL that is probably squirming.

  92. “pwb44 says:
    Aug 4, 2015 5:21 PM
    It is interesting that the NFLPA and Tom Brady filed the transcript under seal.

    I wonder what is in the transcript that they did not want us to read . . . .”

    You do understand that the CBA gave the NFL the discretion to require the docs to be sealed. Brady was required to comply.

    Fudging the facts makes a weak argument even weaker.

  93. cmj0121 says:
    Aug 4, 2015 5:28 PM
    Brady will have more lies on that transcript than
    ****************************************
    Drinks on John Boehner’s tab.

    #FRYBRADY

  94. For all the Patriot Hating liars… this is straight from the NFLPA suit. Footnote #1. Thanks to the poster who mentioned it earlier.:***********
    Petitioners have also filed contemporaneously with the Court an ex parte motion to file certain of those exhibits, as well as selected portions of this Petition, under seal because the NFL insisted upon a confidentiality agreement.” ***************
    Keep lying away liars.

  95. Put on the cheaters? Really Florio, I thought you were trying to be fair here 😉

  96. So funny for Pats fans to cheer “transparency “. When Tom smashed his phone to make sure there wasn’t any.

    This whole case would but done if the court had the power to subpoena those text messages.

    For all those cheering Brady as being courageous by “taking this to court”

    What does he have to lose???
    Seeing he knows no one has the power to reveal his messages.

  97. We all know Brady wants to just be on the field, but is he angry enough to seek vengeance? No doubt if all the testimony is released, Brady will not come through squeaky clean. On the other hand, if this testimony is all released, it could signal the demise of this NFL regime. Brady could refuse to settle, forcing the transcripts to become public record for sweet vengeance on the league. Of course, no suspension, a small fine and the return of both draft picks and the million dollars might save Goodell…….for this month.

  98. bcozthenight says:
    Aug 4, 2015 5:18 PM

    If I understand the pure legal commentary correctly, then it will be difficult if not impossible for Brady to win this case.

    It’s not because he is either guilty or not guilty. It’s because there’s a CBA in place and the US Federal Courts are extremely reluctant to overturn an arbtrator’s decision under CBAs. Apparently it happens less than 1% of the time.

    Conclusion: if Brady wins, it will only be because the NFL has done things so egregious, so truly shameful that the court has no choice.

    Remember that when the decision comes down–if Brady wins the it will signifiy an incredible, almost unprecedented rebuke of the NFL and of Roger Goodell.
    ———————————————

    What are you talking about? A lot of Emperor Goodell’s decisions have been overturned in court. Why else do you think they were in such a hurry to file in NY? In such a hurry, that they forgot to sign the documents.

  99. Get your popcorn ready!

    SHADY BRADY, can’t wait for the shadiness to finally be exposed.

  100. jnasty5000akajungguns says:
    Aug 4, 2015 4:29 PM

    Can’t wait to read how TB squirmed when asked about the cell phone and then admitted it was destroyed on his command. Oh and that it was his normal procedure to do so, but not like, all the time.

    We’ll keep this simple.

    Air. Pressure.
    If the air pressures are where they are supposed to be (and they are) then you can say all sorts of things look suspicious to you, and none of that matters. It’s like trying to give somebody a speeding ticket because he subscribes to Car & Driver or listens to Sammy Hagar.

  101. justintuckrule says:
    Aug 4, 2015 5:17 PM
    Brady loves transparency so much he trashed his phone and then told the NFL to go track down the 10,000 people he texted with to figure out for itself whether he cheated.
    _________________
    10,000 communications to 28 people, but don’t let facts get in the way. Also Wels said he didn’t need the phone and Brady was under no obligation to give it to him. It was not a team issued phone. It was his private phone.

    This isn’t a murder investigation. We’re talking about a little air in footballs, and the “mandated” air pressure levels are not mandated by the NFL. They are the recommended levels issued by Wilson.

  102. The NFL will not look bad on this. Note how Goodell’s final ruling has been ignored by this website and Pat fans. Totally ignorin that Tom used the AEI Report and their expert and they lost on the science.

  103. bcozthenight says:
    Aug 4, 2015 5:18 PM

    If I understand the pure legal commentary correctly, then it will be difficult if not impossible for Brady to win this case.
    ++++++++++++++++++++++++++++++++++++++++++++++

    You don’t understand it from a legal or ethical view.

    The CBA does permit Goodell to abuse his position and fabricate punishment where there is no agreement in the CBA and wno precedent in NFL history. You cannot suspend Brady even one game for violations that the CBA & the NFL has agreed to the punishment of fines for said violation(s).
    Secondaly the CBA and the Owners/League OATH of office for Goodell & the League Office does not permit UNETHICAL Behavior or Discrimination based on Team/Player preference.

  104. “The NFLPA previously attached the transcript as an exhibit to the filing made under seal in federal court in Minnesota.”

    I dont know how much clearer that could be, the NFLPA wanted them sealed. Boy Tom’s side just keeps trying to hide things. Wierd.
    ====
    It was sealed because the NFL wanted it sealed and the NFLPA agreed to file the transcript under seal. Read the NFLPA’s filing.

  105. The capacity of haters to invent new arguments out of whole cloth never ceases to amaze and frighten me.

    No, guys, Brady wasn’t the one who wanted the records sealed. The NFL did.

  106. This can’t last for long. How else will Boneheaddy perform his ultimate cover up an untraceable from any guilt full exoneration?

  107. Unless the ball boys who were fired for doing nothing get a chance to speak this is all hearsay. 4 games stand and stop wasting/stealing MORE taxpayer money with your kangaroo court cases.

  108. mattwalshvideo says:
    Aug 4, 2015 5:34 PM

    Get your popcorn ready!

    SHADY BRADY, can’t wait for the shadiness to finally be exposed.

    I’m sure the irony of your choice of user name escapes you. You have literally named yourself after a false accusation.

  109. Can’t wait to see which reporters drop which ‘scoops’ about whats in the appeal transcript prior to release…sure it won’t help frame the info in the transcripts at all.

  110. ftblfan9 says:
    Aug 4, 2015 4:51 PM
    This order is designed to create a further incentive for settlement.

    Assuming we want transparency, as a huge Patriots’ fan who has been to 4 Super Bowls (3 W’s), I ask this of the Patriots: Issue a press release, ask Jastremski and McNally to come out and simply tell the truth. End of story.

    Otherwise, while I strongly believe that Brady in particular has been mistreated by the NFL and that Kessil was out to get them, you are hiding something, maybe that something has gotten blown WAY out of proportion, but until you set those guys out to speak, you look guilty.
    ====================

    Bravo, bravo sir. You are a steely-eyed missile man and a true football fan of your club.

    You summed it all up there. Most of us fans are not blind homers nor are we rabid ‘haters’, we just want to know what the hell really happened!

  111. limakey says:
    Aug 4, 2015 5:35 PM

    The NFL will not look bad on this. Note how Goodell’s final ruling has been ignored by this website and Pat fans. Totally ignorin that Tom used the AEI Report and their expert and they lost on the science.
    —-
    Your contention is that anybody on the NFL side understands the science??

    That you continue to pretend that Goodell is impartial is depressing. The Patriots gave Goodell a way to back away from his mistake by providing him with sound science of a much higher caliber than what’s in the Exponent report. Goodell passed on that opportunity.

    He’s going to have a rough time of it this winter when all sorts of experimenters show exactly how possible it is for footballs to drop from 12.5 psi to 11.3 psi or lower on a cold, rainy day.

  112. ” This obviously favors Brady because I want it to and I say so, anyone who doesn’t agree is just a jealous hater and is stupid.”
    -Pats fans

  113. bdywrks says:
    Aug 4, 2015 4:29 PM
    What are cheaters?

    Other than the patriots. 🙂

    +++++++++++++++++++
    cheat·er
    CHētər/Submit
    nounNORTH AMERICAN
    plural noun: cheaters
    1.
    a person who acts dishonestly in order to gain an advantage.

    2. informal
    a pair of glasses or sunglasses.

  114. Quoth Ted Wells (via CBSsports)
    “And, Wells himself said the same: “I did not tell Mr. Brady at any time that he would be subject to punishment for not turning over the documents. I did not say anything like that.””

    Well there goes that half of the punishment. Unless the NFL has some rule somewhere saying that being “probably generally aware” of the actions of another person, the other half is going to go down the drain pretty soon, too.

  115. Lie after lie already being exposed from transcript. All those people saying Brady claimed not to know Jemstremski… Brady testified he has known him for 12 years…

  116. @drinkinghatertears – Brady was obligated to preserve the phone since it was “reasonably anticipated” that the matter would end up in court. That’s not my opinion. That comes from the Federal Rules of Civil Procedure. See also,
    Zubulake v. UBS Warburg LLC, 2004 U.S. Dist. LEXIS 13574, (S.D.N.Y. 2004)

    This case was in the exact federal district Brady’s case is in.

    Now what? You gonna preach to me that this wasn’t a murder investigation?

  117. IF this case were to settle before the transcript were made public and Brady only got a $50K fine (same as Brett Favre for failure to produce his phone in dickgate) and no suspension, that would be a total Brady victory and a crushing defeat for the league office. That settlement would only result if the transcript made the NFL look pretty bad. Having said that, I still expect Judge Berman to have to decide this case ( and to rule for Brady).

  118. According to the transcript, the picture shows Tommy Uggs demonstrating under questioning, how many Pats victories were legitimate!

  119. “Issue a press release, ask Jastremski and McNally to come out and simply tell the truth. End of story.”

    Jastremski and McNally did that many months ago. How did that help anybody? They were accused of lying and villified and insulted by the media.

    People aren’t going to believe that they are telling the truth unless they hear what they want to believe.

  120. A transcript of ten hours of oral testimony will be lengthy. Those who are paid to offer their opinions of the appeal hearing should read the full transcript twice and have a familiarity with the various intertwined members of the League Office/Wells team who interrogated Brady. Only then should opinion be dispensed for public consumption.

    Even so, there is sure to be instant media analysis for the benefit of those who just want to recite their mantras and not engage in any thinking.

    It will be interesting to see if ESPN’s flotilla of bobbleheads is first on the scene and if the Mortenschefter duo claim to have gotten an advance copy.

  121. whitetrash69 says:
    Aug 4, 2015 5:45 PM
    ” This obviously favors Brady because I want it to and I say so, anyone who doesn’t agree is just a jealous hater and is stupid.”
    -Pats fans
    – – – – – – – – – –

    Time to take the trash out

  122. I recommend a reread of Mortensen’s 21Jan story, before he takes it down. The first paragraph indicates “substantially deflated” then leads to the next paragraph with 11 of 12 footballs meme. The two terms are (for this story) permanently linked, which is different than Mortensen’s benign explanation. I nearly forgot about the Colts 16Nov game suspicions, which adds fire to their role in this. Then there is this: “This isn’t the first time Belichick has been suspected of breaking NFL rules. He was fined $500,000 in 2007 for having an assistant spy on the New York Jets’ defensive signals.” Looks like he “framed” the story exactly as the NFL wanted him to. Did they help him write it? Or did they know him so well that the storyline would be all but guaranteed?

  123. Brady in transcript – “I have no idea” when he gave the phone to his assistant.

    Brady in transcript – “practice was to destroy the phone.”

    Brady/Yee confirmed liars on whether he said he destroyed his phone, in black and white.

  124. wk1234 says:
    Aug 4, 2015 5:46 PM
    Lie after lie already being exposed from transcript. All those people saying Brady claimed not to know Jemstremski… Brady testified he has known him for 12 years…

    __________

    Once and wrong guy

  125. Quote from Wells in appeal

    “I did not tell Mr. Brady at any time that he would be subject to punishment for not turning over the documents. I did not say anything like that.”

    Hmmm looks like Kessler was right saying the NFL never told him he would be punished for not turning over phone/documents

  126. The NFL has nothing to hide. However, it may be routine for them to ask as well as PA to ask it be files under seal. I hardly think this is a rare request. W

  127. “letsgobuffalo4 says:
    Aug 4, 2015 4:57 PM

    bullcharger says:
    Aug 4, 2015 4:39 PM

    deacon85 says:
    Aug 4, 2015 4:33 PM

    “The NFLPA previously attached the transcript as an exhibit to the filing made under seal in federal court in Minnesota.”

    I dont know how much clearer that could be, the NFLPA wanted them sealed. Boy Tom’s side just keeps trying to hide things. Wierd.”

    Weird logic there.

    The transcript was sealed before they filed in Minnesota. The simplest way to keep it sealed would have been to leave it alone.
    By attaching it to the filing in Minnesota, the NFLPA made it possible for the current judge to unseal the record.

    I think your logic is backwards. By attaching it to the filing, the NFLPA greatly increased the likelihood that the transcript would be unsealed.

  128. Lie after lie already being exposed from transcript. All those people saying Brady claimed not to know Jemstremski… Brady testified he has known him for 12 years…
    ====
    That guy isn’t the Deflator. McNally is, and people call him”Bird”. Brady claimed he didn’t know McNally, but he knew “Burt” was the officials locker room attendant.

  129. No more doubting the lies that Brady tells. Let it be shown his lies and deceit are as rich as the night is dark. It’s a shame this circus is a free option for the Cheater. He can’t lose anymore than he already has even though he clearly deserves to.

  130. All I really want is goodell to be gone.

    And some of the other FO guys in the NFL.

  131. dsigrey says:

    wk1234 says:
    Aug 4, 2015 5:46 PM
    Lie after lie already being exposed from transcript. All those people saying Brady claimed not to know Jemstremski… Brady testified he has known him for 12 years…

    __________

    Once and wrong guy
    ______________

    No it is not. The claim has been brought out thousands of times that he said he didn’t know either guy.

  132. Wells didn’t tell him he could be punished for not giving his phone.

    1) someone tell WEEI that is not the same as Wells saying Brady wouldn’t be punished

    2) just because you’re ignorant of what happens when you’ve been deemed a failure to cooperate doesn’t mean you’re free from punishment – Article 46

  133. This Berman seems like a real no-nonsense judge.

    There’s no way he could be related to ESPN’s Chris “BOOMER” Berman is there??

    Every time the sides say they can’t settle, he sends them
    “back back back back back back back”!

  134. .
    @justintuckfool

    Ted Wells told Brady’s agent, Don Yee, that ” We don’t want the phone”. And based off that conversation, you believe that Brady should have “reasonably anticipated ” that the phone was key to the case?
    .

  135. justintuckrule says:
    Aug 4, 2015 5:47 PM

    @drinkinghatertears – Brady was obligated to preserve the phone since it was “reasonably anticipated” that the matter would end up in court. That’s not my opinion. That comes from the Federal Rules of Civil Procedure. See also,
    Zubulake v. UBS Warburg LLC, 2004 U.S. Dist. LEXIS 13574, (S.D.N.Y. 2004)

    But Ted Wells said he didn’t need the phone. How do you avoid that fact?

    I’m still trying figure out how Brady’s Fourth Amendment Rights are necessarily violated here. Brady asserts his rights and is punished for that. And if he goes to court to appeal that decision, you’re saying that he necessarily has no privacy rights.

    I’m sorry, but that really makes no sense. Either Brady has privacy rights or he doesn’t. And the Constitution would seem to imply that he has them. And his phone records are his private property that he’s not required to share with anybody without a warrant.

    “Discovery” isn’t a magic word that lets a litigant get his hands on whatever he wants.

    Here’s a challenge for you: try suing Coca-Cola and then arguing that, as part of the discovery process, they have to share their corporate secrets with you. Because you want them to prove that they didn’t steal the formula for Coca Cola Classic from you. Good luck with that.

  136. Wells was interviewed during the hearing. Now we’ll know what he said. We also will know the other persons who testified. It was curiously a closed hearing so now we will finally know what went on. The NFL was dismissive of Brady’s testimony after somebody said Brady did well. All the latest revelations, the Patriots email and Morts ramblings make the NFL look justifiably bad. Now we’ll see what else the NFL are hiding.

  137. Haha, someone downthumbed a direct quote from the transcript because Brady wears the kind of shirt you root for on Sundays? Sorry, pal, but Brady and Yee lied to your face when they said Brady never said he destroyed his phone – it’s right there in black and white.

  138. It would be nice if, six months later, people could be bothered to know Jastremski from McNally.

    Jastremski = Brady’s personal ball preparer. Full-time employee. Texted back and forth with TB fairly often.

    McNally = Pats’ Officials’ locker room equipment manager. Goes by nickname of “Bird”. Works only on game days for home games. Not close to Brady.

  139. I don’t think either side will look in this in the end.

    Too bad this was even a story to begin with.

    It overshadows one of the best SuperBowl games.

  140. Bet that the NFL wished that the case was in Minnesota with the grumpy old man judge. I’d hate to be the lackey who convinced Goodell to file preemptively in New York.

  141. dsigrey says:
    Aug 4, 2015 5:54 PM

    wk1234 says:
    Aug 4, 2015 5:46 PM
    Lie after lie already being exposed from transcript. All those people saying Brady claimed not to know Jemstremski… Brady testified he has known him for 12 years…

    __________

    Once and wrong guy
    ——————-

    Yep. Just who is this Jemstremski guy anyway, and why is he in the transcript?

  142. Who wants t bet that the NFLPA has put in a call to the league offices asking for the best & final offer before they refile their paperwork in the NY court. Could this mean that we could have an announcement of a settlement by tomorrow? If so what would that look like?

  143. I honestly believe that Tom Brady likely had the footballs either right at or below the required PSI as a matter of practice. I also don’t think the NFL in any way shape or form made its case with the keystone cops version of an investigation.

  144. So….

    Brady gives the phone to his assistant to be disposed of.

    Surely the practice of someone trying to destroy evidence of cheating on the phone 🙂

    Not to mention his denials under oath.

    #NotEvenALittleGuilty
    #PatriotHaterLost
    #AsTheyAlwaysDo
    #Suckers

  145. Doesn’t matter what Wells said. That’s not the standard. Read the law. It’s simple. If it is “reasonably anticipated” that the matter will end up in court (no dispute here, right?), then Brady can’t destroy the phone. Simple.

    Also…only in Pats’ fans’ warped mind does an investigator saying, “we don’t need the phone” equate to “we don’t need the phone Tom, go ahead and destroy it like you do all phones (except the previous one)”.

  146. Hopefully Berman is a sports fan and reads ESPN
    Title;”Arrogance has Consequences” Jackie MacMullan, ESPN Senior Writer (This is 22January)
    “We don’t know for certain yet whether Bill Belichick had anything to do with the deflation of 11 of the 12 footballs the New England Patriots used in their trouncing of the Indianapolis Colts in the AFC Championship Game. In fact, we may never know.
    Regardless of what the league determines, the Patriots’ coach already has been declared guilty in the court of public opinion, his football brilliance superseded only by his football arrogance.”
    And who frames the debate in the court of public opinion? Project much? Jackie? We don’t know for certain but they are guilty regardless. Got it. That about sums up the NFL’s court of public opinion case, and its real case.

  147. @whispered – trust me. You’re interpretation of the law is wrong.

    The main reason is that you are ignoring an important premise:

    Just because a litigant is required to “preserve evidence” does not automatically make the preserved evidence discoverable.

    Here’s the law in a nutshell. Blast it as “hater” as you wish:

    Brady was obligated to preserve the phone. If and when the issue proceeds to litigation (as this has), he can request what is called a “protective order” by interposing any number of objections. Off the top of my head…he has a relevance objection and an objection what practitioners refer to as “fishing expedition.”

    Doubt those objections would hold up which is why he likely destroyed the phone.

  148. personally i dont think this case gets settled … i believe the NFL will force the Judge to step in and put his/hers hand in a agreed upon labor deal dispute… something that s rarely done … Goodell has FULL support of the owners other than Patriots obviously and i still believe their retraction was only done so it couldnt be used as ” the club accepts full responsibility” because i believe if this happened again the Patriots still dont sue the league and accept responsibility again. so much legal mumbo jumbo crap unless Brady accepts responsibility and admits wrong doing of some sort this will not be settled outside the Judge pulling 1 party aside and explaining im going to rule against you in x days even then i think NFL/NFLPA say well do what ya do then… if the Commissioner cant suspend someone for integrity of the game or because he simply believes he has been lied to … why do we have one and every single time someone is suspended they will reach for a judge to overturn it… Hardy evidence is simply “guessing” at what happened yet he still got suspended the Commissioner has to be able to essentially rule on his gut feeling per se there can NEVER be a standard of proof greater then “more likely than not” just cant or this whole set-up of Commissioner in any league is irrelevant !

  149. Reading the lawyer of Boneheaddy’s opening statement. It sounds as if he didn’t read the wells report also.

  150. I wonder if the settlement terms will include a cast iron pledge from Tom Brady’s team NOT to sue anyone for libel or slander. I am betting it absolutely will!

  151. pir8bill says:
    Aug 4, 2015 5:02 PM

    Everyone knows the cellphone was destroyed for this exact moment. The real details can no longer be revealed. Cheaters till the e end.
    —–

    I just requested my text message activity from my cell carrier. I had deleted a string of texts in error, and needed information from them for work.

    I was told that I could not have those records…they are only available via a court order. Seems to me that IF Berman wants to see those records, all he needs to do is order the carrier to provide them. I doubt it will even come to that…

    This is very bad news for the NFL.

  152. Love how everyone is saying “Good! Now the NFL will be exposed!” It was the NFLPA and Brady that submitted it under seal. It is Brady and the NFLPA that doesn’t want it made public. I wonder why?

  153. Smasonsmith, in the transcript Brady said he did not know who Jim McNally was or what his role was. That is a lie. Brady also said the first time he heard about was during a radio interview. This may be a lie because JJ called him very early that morning.

  154. I can’t wait for an actual trial. My guess is that mediation is not in the cards. The union is trying to get out of a mistake they agreed to in the current labor agreement, which grants the NFL commission the absolute right to be judge and jury in these cases. There is nothing in the agreement about due process or a hearing board. I believe that evidence regarding Brady’s phone records reveals that he destroyed his phone to conceal the fact that he has had routine communication with someone or several people that his wife would not approve of. The phone crush was about getting caught by the wife not the NFL!

  155. letsgobuffalo4 says:
    Aug 4, 2015 4:52 PM
    Ummm clueless Pats fans, dont be excited. The NFLPA are the ones who wanted to conceal this, not the NFL. If anyone doesnt want these made public its Tom’s camp. And again, why hide anything if your not wrong? I love the pats fans saying “this is great! This will show how bad the NFL is handling this” even tho they are being transparent. Brady hid his phone, Kraft hid JJ and JM and now NFLPA is tryiing to hide the transcripts………..

    ======================================
    Good comments – couple of points you missed….

    – NFL requested this be sealed not the NFLPA – next thing to get unsealed should be the detailed interviews from the Wells report that the NFL would NOT provide to NFLPA.
    – Brady didnt “hide” his phone – he didnt need to, Wells never expected to get it and is on record stating the outcome of his report would not change with it. He requested only data that Brady offered but was refused.
    – Kraft didn’t hide anyone. Trust me – if JJ and JM had a secret and TMZ offered them $50K to talk, this would have been out long time ago… Nothing there.

    One more thing….
    The INTEGRITY issue isnt just with the Media and Goodell, its with the fans as well. The ones who don’t bother to understand what is going on before leaving comments like yours….

  156. ustintuckrule says:
    Aug 4, 2015 6:26 PM
    @whispered – trust me. You’re interpretation of the law is wrong.

    The main reason is that you are ignoring an important premise:

    Just because a litigant is required to “preserve evidence” does not automatically make the preserved evidence discoverable.

    Here’s the law in a nutshell. Blast it as “hater” as you wish:

    Brady was obligated to preserve the phone. If and when the issue proceeds to litigation (as this has), he can request what is called a “protective order” by interposing any number of objections. Off the top of my head…he has a relevance objection and an objection what practitioners refer to as “fishing expedition.”

    Doubt those objections would hold up which is why he likely destroyed the phone.

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

    Why was Brady obligated to preserve his personal phone? As I understood the CBA – he was not obligated to provide a personal cell phone to the NFL and doing so would set a precedence for other later investigations. Since CBA s are driven by precedent, turning over a personal phone would be a major issue in the future for NFLPA attorneys.
    Case in point – During the Rice investigation, Mueller asked for phones of the league execs and only received their NFL issued phone. The execs (including Goodell) DID NOT turn over their personal phones.

    Further – I specifically read that Wells did not ask for the phone because he knew the NFLPA would deny his request citing the CBA. Instead Wells asked that Bradys attorneys gather and provide the relevant data…

    Last point – Wells received 5 phones from non Union members – including Jastremski and Belechick. If Brady texted something to the ballboys or BB – Wells had the phones. If any of them tried to delete certain messages, they could detect that as well.

    So – was the Brady personal phone even relevant?

    Wells didnt think so – he indicated that having Brady’s phone would not have changed the findings of his report…..

  157. dolphincritic says:
    Aug 4, 2015 6:42 PM

    I can’t wait for an actual trial.
    ——————————–

    There isn’t going to be any trial. If the NFL and the NFLPA can’t come to an agreement on their own, then the judge is going to decide the outcome based upon all of the existing evidence.

  158. “. . . anyone paid to comment on this case will be compelled to read every word of every page of the transcript.”

    Does this mean all the people making comments backing Brady will have to shut up (at least for a while), or does this only apply to a majority?

  159. “In Roger we Trust. A great, great leader of men and a just man”

    Where can I throw the BS flag??????

  160. Can’t wait for this to be over. Am sick and tired of hearing about it. It was stupid to begin with. So to see that transparency is finally coming is like the light at the end of the tunnel (hopefully it’s not a train).

    Sick and tired of it. Sick. And. Tired. Makes care about the NFL less when garbage like this is stuck to the front page every single day. Cuban was right. We’re watching the NFL dismantle itself in front of our very eyes.

    Patriot haters, go back to your holes. Come back when you’ve read (and understood and digested) all the facts. This has been a complete sham. If Brady took the NFL to court, I think he’d win.

    And just for the record, I am *not* a Pats fan. I’m about as far away from Boston as one could be. I don’t have any ruby-colored glasses that only shows the Pats in a good light. I just see a process that was questionable to begin with and progressively got worse.

    Please let this end soon. I find myself less and less interested overall the more this goes on. Maybe it’s time to go outside instead of watching games. Good job, NFL. Way to keep your customers.

  161. I want to see the communication between the NFL and Wells when he was hired. What exactly did the NFL tell him his job was when they hired him? Seeing that communication would likely lay bare the NFL’s real intentions and obliterate any remaining claims to Well’s ‘independence’.

  162. iamkillerfin says:
    Aug 4, 2015 4:44 PM
    Well patsie fans looks like Cheater Brady will get to play since the NFL is going to botch this whole process & won’t get done in time!!! Then he’ll retire with Gisele next year & NO TIME SERVED!!! Soon after that BB will retire then the by GOD patsies the darlings of the NFL will suck again, like the 70’s 80’s & early 90’s!!!

    ———————-

    When that happens, will your team still stink?

  163. In addition to suing Goodell & the NFL for Slander/Defamation and Theft by Deception, Brady can also sue for Discrimination in the Work Place.

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