Why didn’t Goodell call Jastremski and McNally?

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Not long after PFT obtained a copy of the Tom Brady appeal hearing transcript, which was filed in federal court Tuesday by the NFLPA, I scrolled through the document to see how many pages I’d have to read.

When I got to the last page — 456 — I noticed a comment from NFL outside counsel Gregg Levy, who served as the legal advisor to non-lawyer arbitrator/Commissioner Roger Goodell.

“In your briefs, the Commissioner would like you to address the question of whether he should hear from Mr. McNally and/or Mr. Jastremski before resolving the issue, before deciding the matter,” Levy said.

At footnote 7 (where the good stuff always is hiding) of the 20-page ruling on the Brady appeal, the Commissioner explains that the NFLPA took the position that, because the two Patriots employees who exchanged the troubling Beavis-and-Butthead text messages denied a scheme to deflate footballs, there was “no need to call them as witnesses.” The NFL took the position that, since the NFLPA was questioning the findings of the Ted Wells report based on the interviews of McNally and Jastremski, “it was incumbent on them to call both witnesses.” The NFL also argued that the failure of the NFLPA to call McNally and Jastremski as witnesses requires an “adverse inference” that “their testimony would have confirmed Brady’s involvement.”

But that’s not what Levy requested. Levy wanted to know whether Goodell “should hear from” the witnesses before deciding the case. The NFLPA believed there was no need for it. The NFL essentially said that, because the NFLPA didn’t call them in the first place, the Commissioner should assume that whatever they said would prove Brady’s guilt.

So why didn’t Goodell simply insist on their testimony on his own? While it likely wouldn’t have changed the outcome, since Goodell would have needed a very good reason to scrap the decision he’d already approved based on the multi-million-dollar investigation he’d already authorized, it would have been far more prudent — and the record would have been far more clear — if the Commissioner had heard directly from them.

Making that testimony before Goodell even more important is the fact that Ted Wells wanted to re-question McNally because Wells and company inexplicably had failed to notice the controversial “deflator” text message before interviewing McNally the first time.

The fact that the NFLPA didn’t want them to testify suggests that the NFLPA was concerned about what they would say. But why didn’t the Commissioner — who wasn’t bashful about asking his own questions of Tom Brady — decide to pose his own questions to McNally and Jastremski?

If the Commissioner was intent on getting to the truth, he should have at least been curious to hear what they had to say, and to observe their demeanor while they said it.

102 responses to “Why didn’t Goodell call Jastremski and McNally?

  1. This went off the rails when the NFL assumed they had evidence of a crime when all they had was evidence of the ideal gas law. A smart man told me never get accused of a crime that never was. Since there is no guilty party, you’re the only one left.

  2. .
    ” If the Commissioner was intent on getting to the truth…… ”

    Goodell was intent on getting a particular outcome, regardless of the truth.
    .

  3. This is unreal-I really can’t believe any of those buffoons in the NFL front office survive this fiasco. Plus, now there is email proof that the Ravens did tip off the Colts, something both Harbaugh and Pagano denied. They couldn’t even get that right-they said the kicking balls were tampered with, even though only the officials handle them, and they take them right out of the box brand new! Really, really a despicable thing to do to embarrass Brady, although I’m sure they never dreamed it would go this far.

  4. This is looking worse for the commissioner. Heck this is almost as embarrassing as the Seahawks in the Super Bowl or the colts or ravens complaining about their losses to the pats in the playoffs. I say start a pats pacifier fund. Since all four like to suck so much

  5. “The NFL also argued that the failure of the NFLPA to call McNally and Jastremski as witnesses requires an “adverse inference” that “their testimony would have confirmed Brady’s involvement.”
    *************************
    That inference is logical. Goodell was under no obligation to do the NFLPA’s work for them. Never forget, the Pats had refused to allow them to testify, when recalled by Wells. Why give the appearance of begging for access?

    For the NFLPA/Pats to come crying now about giving full access, sounds slightly disingenuous. Now that the punishment is in place, they wanna cooperate? No, that’s OK, we’ll use the testimony and evidence we have. BAM!

    If they had info that would exonerate Tom/Pats, they would have cooperated fully in all respects, all the way through the process.

  6. It is easier to avoid their testimony, which could prove Brady’s innocence. Then cite the nflpa’s failure to call them as witnesses as evidence of guilt. Just like Brady’s broken phone. Broken or not they were never gonna see his phone, but it’s easier to just say Brady broke it. This isn’t about the truth. This is about public relations

  7. It’s Groundhog Day, the stories about this ridiculous thing just keep going and going and going.

  8. That is beyond bizarre. Get those two jokers on the witness stand under oath and let’s get to the bottom of this. Seriously. Why has this not been done already?

  9. Because if Goodell called Jastremski and McNally and they did not crack and implicate Brady, then Goodell couldn’t use the fact that Brady and the NFLPA did call them against Brady. Goodell calling them could have blown up in his face, not calling them just gave Goodell more reasons to uphold the 4 game suspension without having to rely on junk science for his reasoning.

  10. “If the Commissioner was intent on getting to the truth…” That’s a big IF. I’m not a lawyer and I would want to hear from the two main culprits. #framegate is alive and well.

  11. NFLPA said both of them consistently testified there was no scheme to deflate. The fact that not calling them caused Goodell to assume they’d say the opposite is a level of lunacy right up there with disagreeing with your own official on the one key piece of evidence regarding the gauges used. The only way to win Goodell’s twisted version of whack a mole is to not play. Bring on the judge.

  12. Goodell know McNally did not deflate the balls.

    Jastremski and McNally were questioned by NFL security the day of the game and they were interrogated by Wells for 9 hours. Goodell knows that had no incentive to lie, and would confirm with him they did not conspire with Brady to deflate the balls…the Wells report itself must ignore the Ref’s recollection of which gauge was used…for if the Ref was correct in his recollection the balls were not deflated prior to the game.

    This was a witch hunt, Goodell needed a distraction from the horrible job he did with Peterson and Rice etc…His planned has worked, the media loves hating the Patriots. Goodell saw that most football fans bought the phony leaks and misleading Wells report and this most football fans wanted Goodell to come down hard on the Patriots

  13. philyeagles5 says:
    Aug 4, 2015 8:30 PM
    Seriously. Why have we heard nothing from these guys?
    ===================================

    NDA probably means that they can’t do media.

    The fact that the NFL has no real world power means they can tell the NFL to get bent.

  14. Sometimes Florio forgets his law background — how could Goodell compel the two former Patriots employees to attend and testify? He can’t subpoena them — he has no subpoena power (and they are in Massachusetts anyways).

    The only person who could really get them to go to NY to testify was Kraft because Kraft still employs them — just not with the Patriots.

    So, yes, an adverse inference could and should have been drawn.

  15. jchemengr says:

    This went off the rails when the NFL assumed they had evidence of a crime when all they had was evidence of the ideal gas law.
    ———————————————————-
    The ideal gas “law” is not a law of any kind. It’s a hypothetical approximation that only applies under laboratory conditions, not football stadiums, and is usually not correct even then.

    But nice try.

  16. Why didn’t Goodell insist on hearing from those 2?
    Because then he wouldn’t be able to use the term “adverse inference” which shows up throughout as the prosecution’s only “evidence”.

  17. It’s because it never has been nor ever will be about the truth. The NFL fudged a sting and are doing their best to make an example of Brady regardless of whether or not they have any proof.

    #FireGoodell
    #FreeBrady

  18. For the NFLPA/Pats to come crying now about giving full access, sounds slightly disingenuous. Now that the punishment is in place, they wanna cooperate? No, that’s OK, we’ll use the testimony and evidence we have. BAM!
    ===
    You’re misreading the article.

    Florio isn’t saying that the NFLPA is asking why they didn’t testify. Florio is asking why Goodell didn’t want McNally to explain the “Deflator” text when Wells did want him to explain it.

    Also: Adverse inference on witnesses not called?

  19. So not brought as witnesses, Brady lied!
    If brought as witnesses, we don’t trust them!

    Doesn’t everyone see the scam for what it is? NFL had no interest in a legit investigation.

  20. The Pats are a dumpster fire lol. I’m loving every moment of this! Also, I have Pats fans so upset they are impersonating me LOL. This is hysterical, got to love karma baby

  21. I’ll say what needs to be said

    Simply that Roger Goodell has no interest in ending this gravy train of feel-good press he’s receiving from 31 major NFL markets

    This was never about the truth or justice… this was about diverting everyone’s attention from what an outstandingly awful job he was doing

    Compare this to last fall when Goodell was embroiled in a very public and highly embarrassing spate of off-field dilemmas centering around domestic violence

    This sting operation has made him a national hero to everyone jealous of the Patriots… and he’s played PR cards exceptionally well – but he’s overlooked a few minor issues, such as, you know, the fact that the footballs weren’t deflated if you believe the “best recollection” of the lead official

    Declaring that he has no interest in deposing McNally and Jastremski – UNDER OATH – in testimony and even having them clarify “the deflator” remarks was the LAST THING Roger wanted to do, lest that end this great wave of PR too soon

    The truth and a good man’s reputation be damned

    Roger’s got a $40 million a year job and an ego to protect

  22. I agree with Goodell on this one, The Pats didn’t call them because a fired employee has nothing to hide at this point….if they truly believed these guys were innocent they wouldn’t have fired the McNally guy….now that he is not an employee they were afraid of what he would say….Brady is guilty…lets move on now…..

  23. Northeast:

    You entirely missed the point. The NFL did not ask Brady’s side to call those guys, the NFL just said “tell us if you think we should hear from them.”

    So to draw an adverse presumption from Brady’s side saying, “nope” is blatantly unfair.

    If the NFL had said, please bring those guys to the hearing and Brady had said, “hell no. I won’t” then perhaps an adverse presumption would be in order. But THAT DIDN’T HAPPEN.

  24. I was bored this evening and just watched the highlights of the SB, oh how fun it was. PS not a Pats fan, just an objective football head.

  25. Yup…this is a framejob.

    Goodell hates the man who keeps bringing in millions for the league. This is why the Pats have enjoyed favorable calls and also why Goodell destroyed the spygate tapes…because he has it out for the Pats. It’s also why they keep winning, and why they faced no punishment till long after they all got to play in the superbowl.

    Goodell is out to get the Pats is one of the dumbest things I’ve heard.

  26. Seahawkboymike:

    Oh, so since the ideal gas law only applies in perfect laboratory conditions, that means that footballs in cold stadiums perfectly keep their psi at the exact level it was inside during pre-game.

    Good logical skills there.

    The fact that no one can say exactly how much psi goes down in a cold football stadium SUPPORTS the Patriots’ position.

  27. Is anyone really wondering why the NFLPA wouldn’t want to put two dumb guys on the stand in front of a room full of people who are trained to twist words and make people look like they did something, regardless of whether they did or not?

    This is actually a question?

  28. Goodell and co. are complete fools. First the Ray Rice fiasco and now this. How can the owners honestly be happy with this? They don’t need Goodell to make a ton of money – their product already sells very well.

  29. How can Goodell feign ignorance about what they testified at length to Wells, anyway? Remember, Wells and his firm represented the NFL at the same hearing for some reason. Goodell drew an adverse inference based on imaginary information that contradicts what his own counsel knew. It’s mesmerizing.

  30. I noticed during Brady’s Q&A, the NFL, lawyers and Brady refer to Chris Mortenson’s report as fact! And used as a barometer for assumed guilt in the questioning…
    That alone tells us two things, Mort was a moron for not stepping up until now. And the NFL/Goodell didn’t care about facts in the appeal process.
    I also didn’t read anything in Brady’s testimony that wasn’t believable and wasn’t a complete denial to knowing or doing anything deflating footballs.

  31. The appeal process was never about fairness… it was about presenting the appearance of fairness. Goodell knew that 31 owners demand a suspension; and that any suspension would result in a court case. Better to appear strong to the 31 owners and let the court be the bad guy that softens the suspension.

    On the other hand… by letting it get this far out of hand….

  32. Do people really think that Brady would say these things under oath if they weren’t true, knowing that at any moment either of the equipment guys could roll on him leading to perjury charges?

    And knowing that given technology these days, someone may turn up copies of ALL of his texts.

    If Brady lied under oath he’s alot more stupid than he has appeared throughout his career.

  33. The truth is coming out, slowly but surely. The haters are getting nervous. I hope Brady takes this all the way. Nothing less than vacated punishment.

    Go Patriots!! #BestEvah

  34. Goodell & his cronies need to go. Before they do the same thing to another team. And between this & what happened to the Saints I have no doubt they will.

  35. First time we heard that the ball boys DENIED the scheme to deflate footballs. No wonder Wells exploited the texts instead of putting that on the report. Goodell already knows the ball boys denial and does not want everybody to know it too.

  36. Not related to Jastremski or McNally, but a few interesting nuggets I read in the report that I haven’t heard elsewhere:

    – Normally each team prepares 12 footballs for offensive use during a game or 24 if inclement weather is expected, but for the Super Bowl they do 100 each? Jastremski would have been busy as hell during those two weeks. What does the NFL do with all the balls used for one play and then immediately removed during the Super Bowl? Give them to sponsors? Sell them?

    – Brady said they had a standard process for preparing the balls, but before the Jets game, because they were expecting rain they didn’t want to use the leather conditioner they normally use because it releases oils when wet. So he was persuaded to use old training camp balls which the refs than overinflated. Despite that experience, they went to a brand new process before the AFC Championship game, when rain was expected. Instead of using leather conditioner, they “gloved” the balls for hours – rubbing them with receiver gloves to break them in.

    – Kessler (NFLPA attorney) started asking Exponent about the Patriots gloving of the balls, which Belichick referred to during his Mona Lisa Vito press conference. Rubbing them raises the PSI, so if they set them at 12.5 and gave the balls to the refs within 20 minutes after the gloving, the PSI could have read artificially high on the pre-game measurements and then fallen up to 1 PSI before the game started. Goodell interjected to say that Brady was done with the balls about two and half hours before the game, but Brady chimed in to say that he asked the equipment guys to continue to glove five of the 24 balls, and then left to go get ready for the game. Kessler just dropped it, but it seemed like it might have some potential as an argument/explanation.

    – Kessler asked that the transcript of the hearing be publicly released THAT DAY but the NFL refused, which seems to confirm it was the NFL that wanted this sealed, not the NFLPA. Not sure why, there’s not a whole lot that seems like it really embarrasses the NFL. Perhaps the Ravens revelation or revealing how little they understood how air pressure works.

    – Wells was forced to admit how much his firm got paid – up to $3 million, plus more for handling the appeal. Exponent got $600,000 and Marlow (the Princeton professor) got an unspecified amount.

  37. Wasn’t this part of an Adam schefter report where he said the patriots had four hours to present? The. Nfl official aiello said it was false. Prompting schefter to share the memo to NFLPA on NFL mast head saying you have four hours to make your case. I wouldn’t want to waste time with them either.

  38. Predictions (in this order):

    1. NFL & NFLPA do not settle Brady
    2. J. Berman rules for Brady
    3. The 8th Cir. affirms J.Doty in Peterson
    4. Patriots win Superbowl 50 in Feb 201, giving Brady 1 for the thumb
    5. 2nd Cir affirms J. Berman in Brady
    6. Patriots haters keep on hating

  39. The people I want to testify are

    Pagano
    Harbaugh
    Grigson
    Kensil
    McNally
    Jstramski

    Then we can see who is lying

    Pagano and harbaugh already are confirmed liars

  40. I always wondered why the NFL and/or Wells couldn’t just go to McNally and question him. It’s not like the Patriots had him in hiding.

    It certainly looks like this “investigation” was far too willing to let the tiniest of speed bumps stop them dead in their tracks. It’s almost like they didn’t want to dig too deep and disrupt their narrative.

  41. seahawkboymike says:
    Aug 4, 2015 8:50 PM

    jchemengr says:

    This went off the rails when the NFL assumed they had evidence of a crime when all they had was evidence of the ideal gas law.
    ———————————————————-
    The ideal gas “law” is not a law of any kind. It’s a hypothetical approximation that only applies under laboratory conditions, not football stadiums, and is usually not correct even then.

    But nice try.
    ———————————

    If it happens with car tires, it’s going to happen with footballs.

    Whether or not it is the operation of the Ideal Gas Law, there is no question that something with air in it is is going to measure a lower relative PSI when it gets cold. It is basic physics.

  42. I would have called them for their testimony on how well the diet was going. If you could earn the nickname, Deflator, based on a diet, I would be curious on how that all works.

    I would even let them bring their own Kool Aide.

  43. qdog112 says:
    Aug 4, 2015 8:33 PM
    “The NFL also argued that the failure of the NFLPA to call McNally and Jastremski as witnesses requires an “adverse inference” that “their testimony would have confirmed Brady’s involvement.”
    *************************
    That inference is logical. Goodell was under no obligation to do the NFLPA’s work for them. Never forget, the Pats had refused to allow them to testify, when recalled by
    Wells. Why give the appearance of begging for access?

    You are using the wrong verbs. Let’s put this in context. By the time Ted Wells was brought in, McNally had been interviewed three times, the third of which featured an NFL official screaming at him, calling him a liar. McNally didn’t want anything to do with the investigators. And the somebody from the NFL outed his identity and sent the media to his house to harass him.

    McNally didn’t want to talk to anybody from the NFL at all. It’s not a question of being “allowed” to talk to the NFL. McNally is a grown man, not a servant of the Patriots. He doesn’t have to get permission from the Patriots to talk to Ted Wells.
    The reverse was the situation: McNally only talked to Wells when it was demanded by the Pats. And he was only willing to do so under the condition that there would only be one interview. And that Wells wouldn’t be allowed a follow-up interview unless new developments came up.

    Legally speaking, finding information in a text message that had previously been overlooked doesn’t count as a new development.

    When Ted Wells asked for 2nd interview with McNally, the Patriots asked for him to explain what the new development were that would trigger the clause justifying a 2nd interview. Wells simply ignored their request for a clarification.

    In my view, Wells didn’t want a 2nd interview as much as he wanted some rationale for charging the Patriots with something. And so the NFL came up with this idea that not provided McNally again would constitute a failure to cooperate.

    Even though the Patriots were, in fact, adhering to their agreement with Ted Wells.

    —-

    For the NFLPA/Pats to come crying now about giving full access, sounds slightly disingenuous. Now that the punishment is in place, they wanna cooperate? No, that’s OK, we’ll use the testimony and evidence we have. BAM!


    I have no idea what your point here is supposed to be.
    According to the precedent of the Peterson case, a player cannot be punished according to a rule pulled out of thin air. But that’s what the suspension for “failure to cooperate” – a rule not on the books. Had Ted Wells informed Brady that this was a possible consequence, Brady could have rationally made a different decision in the beginning of March about how much of his phone information he wished to share.

    —-

    If they had info that would exonerate Tom/Pats, they would have cooperated fully in all respects, all the way through the process.

    —-

    I’m pretty sure they had already provided that information to Ted Wells. You are acting like they’d never been interviewed before.

    Tom Brady was told he’d only have 4 hours to argue his case. Bringing JJ and JM to New York to give the exact same testimony that Goodell already has doesn’t strike me as a good use of a limited amount of time. Brady was told to present new information, not to simply rehash old testimony.

  44. whitetrash69 says: The Pats are a dumpster fire lol. I’m loving every moment of this! Also, I have Pats fans so upset they are impersonating me LOL. This is hysterical, got to love karma baby
    =======================================

    Karma indeed… unless you’ve now become one who sees Goodell for what he really is, this isn’t exactly the “smoking gun” against the Patriots

    Indeed it’s the smoking gun showing that Goodell was never interested in the truth – because he knew the truth was that those guys would say – under oath, punishable by perjury charges – that they didn’t touch the footballs – just as the gauge Anderson said he used proves

    I’ll give a hater troll credit for the inspiration for this logic too – you all said “Gee I’d love to see McNally testify under oath!”

    Me too! Everyone would! Except for one person.

    Roger Goodell

    One guess why.

    But thanks Haters – you broke this scandal wide open and exonerated Brady with your snarky remarks! Couldn’t have done it without you!

  45. ( . Y . ) says:
    Aug 4, 2015 8:35 PM
    It is easier to avoid their testimony, which could prove Brady’s innocence. Then cite the nflpa’s failure to call them as witnesses as evidence of guilt. Just like Brady’s broken phone. Broken or not they were never gonna see his phone, but it’s easier to just say Brady broke it. This isn’t about the truth. This is about public relations

    ———————————-

    Lol. IT WAS AN APPEAL HEARING. At that hearing it is up to the person appealing to make his case. It is not up to the Judge to try to make his case for him.

    If the NFLPA, which was representing Brady during the appeal, determined that those 2 had no useful testimony that they thought would help Tom Terrific then it is not the Judge’s job to try to do the defense’s work for them.

    There really is no reason why Goodell would’ve needed to hear from them if the people who were hired to portray Tom in the best light possible, thought it was better for their case if the Judge was allowed to assume they had damaging testimony than if they actually testified.

    Is there really a good reason why the Patriots denied Wells a second interview with McNally and the NFLPA didn’t call them for further testimony?

    The Pats and NFLPA have been trying to keep those 2 away from the NFL since the early days of the Wells investigation. I can’t believe the Pat’s supporters are trying to put this on Goodell for not FORCING them to testify. The NFLPA had the opportunity and punted it.

    Deal with it. Brady and the NFLPA did not “hit it out of the park” as one anonymous source put it during the appeal. I’m not even sure they hit a single.

    Honestly, there is nothing convincing in the appeal. From the refusal to call Jastremski and McNally, to volunteering the text metadata but not the texts themselves, to destroying the phone (with various conflicting and ridiculous reasons) which was why he couldn’t produce the text data.

    The entire appeal reeks of a cover up.

    The more that comes out the worse it looks for Brady, not that the NFL is squeaky clean but Tom is getting covered in a lot of mud.

  46. “…..a league office drunk on power, overwhelmed by prejudice……” Dan Wetzel, Yahoo Sports

    “Roger Goodell’s NFL has shown a penchant for interpreting evidence in the harshest possible light so as to feed its zealous punishment apparatus…………..” Kevin Draper, Deadspin

  47. He wasn’t curious enough to request/demand a copy of the Ray Rice video until the PR blow-back either. Goodell seems to put the cart ie his decisions as the enforcer before the cart ie proof.

  48. Nflpa didn’t believe Jaz & McNal testimony was necessary. NFL didn’t subpoena because it wasn’t something they would lift a finger to do.

    Do as I say, not as I do? Guilt based on a really dumb inference? It’s the nfl. It’s what they do if it suits there need. Screw any semblance of bone objectivity.

  49. @lawyerbot – I COULD NOT AGREE MORE. Idk if youre a lawyer or law student or just know your stuff but I am in fact a lawyer and I couldnt agree with you more. And the more and more I read posters opinions about this whole deflategate nonsense only a few things are clear:

    a) Most of you are idiots. You neither understand the law nor grasp it even remotely. “More probable than not Brady was involved” thats called a preponderance of the evidence (big legal word for you slow morons from new england I know) but let me explain. That is the standard used in all civil cases and so for example if Brady were being sued for damages by the Colts for costing them a game (impossible but for arguments sake) he would be LIABLE because more probable than not meaning literally 50.1% more true than not is it. So you new england fans all 100000 of you and more with the combined IQ of a raisin need to stop with the “free brady” nonsense and the assanine conspiracy theory.

    Which brings me to my next point: b) the arguments that the NFL cares only about money and “the shield” and so they want to damage Brady and the Pats is ludicrous and contradictory. The new england patriots are one of the most lucrative and valuable franchises in the NFL and tom brady is among the most well known athletes in the country and one of the most marketable players in the league. All of this translates into HUGE dollars for the league so they cant be out to damage that player and care only about the money. Its a pure contradiction. They have nothing to gain by smearing the pats or brady and lest we forget THIS IS NOT THE FIRST TIME THEY WERE ACCUSED OF CHEATING!! How can you say its a witch hunt when they seriously got a slap on the wrist??? Bountygate was a real punishment this is nothing! Any other team did this the coach would be suspended for an entire year (like payton) despite having no knowledge like belichick. So just stop right there.

    c) Goodell neither had the power nor the incentive to question these guys. Why would he do the work for the NFLPA?? Thats not his job and back to that thing none of you understand, the law, you can make any logical inference based on circumstantial evidence yet another thing you people just dont get! Just cause brady wasnt caught with the needle in the ball himself doesnt mean he did nothing wrong. It can be inferred from circumstances and especially in a civil case (which is what this would ultimately be when in court) cause there is no crime here just an employee/employer issue, the freedom to make conclusive inferences ESPECIALLY where the key witnesses were not called or questioned is ALLOWED AND CORRECT. Goodell couldnt force these two to testify only the pats could but if theyre so sure nothing is wrong why not clear your name immediately?? Its like an exception to the hearsay rule (you new england idiots wont know what im saying but anyone here who actually knows the law will) called admission by silence. You can be said to have admitted to something where a reasonable person would vehemently deny an accusation rather than remain silent. For example if your wife accused you of cheating the reasonable person would deny that immediately and with everything they have if it werent true rather than stay quiet which can be found as admission by silence in a court of law. Applying the logic upon which that rule is based to the case at hand, here if the pats and their personelle and brady are all innocent then why not cooperate and prove your innocence immediately? Your wife accuses you of cheating and asks to look through your phone, what would she assume if you said no or destroyed your phone? Got nothing to hide then prove it and then turn it on her for not trusting you and wanting to check your phone. Why would the pats not let these employees testify and deny the accusations vehemently from day one?? If they have nothing to hide and want to accuse the NFL of engaging in some which hunt against them or brady (again no incentive and makes zero sense!) then show your evidence clear your name immediately AND THEN turn the tables on the NFL. But they didnt do that. You cant just say youre innocent hide the evidence and claim its malicious prosecution. Also just pointing the finger back at them is like being accused of a crime and claiming its because or bias racism or prejudice but show no evidence to support your allegation except self serving statements. Everything theyve done shows they are hiding something. Goodell can and should do what a judge can and would and a jury can and would do in this case, which is to infer that their refusal to cooperate and the pats refusal to let the key witness employees cooperate is strong circumstantial evidence of guilt. It means theyre hiding incriminating evidence. Like destroying your cell phone at that moment. Oh please dont give me any PR bullcrap about my phone broke just conveniently at the time this was happening? Thats like being accused of murder and saying your gun broke so you threw it away but that was the suspected murder weapon. Its simple logic and pats fans are brain damaged and dont get that. If they were trully innocent they would prove it by showing the cell phoneS by speaking up through testimony. But instead they decide to go to court??? STUPIDITY. They better hope to God they reach a settlement because if this goes to court and to the judge then they have discovery and bradys cell records get retrieved somehow or the inference is made by either judge or jury that he destroyed incriminating evidence by destroying his phone and no weak PR statement to the contrary will save him from that adverse inference then. Oh yea and those employees WILL testify because a judge can (unlike goodell) subpoena them and force them to testify under oath. Then under penalty of perjury (which the hearing to the commissioner would not have been because it was an administrative employer hearing not a place where perjury is as real of a threat) these guys will be forced to tell the truth and probably incriminate the team on more instances of wrongdoing and more occasions where brady may have done something wrong. All of a sudden giving the NFL a reason to punish them far worse like they deserve (oh if only it got that far!)

    All in all its a slap on the wrist which is a disgrace and you idiot pats fans will never see it. Your superbowls are tainted every single one youre cheaters who cant win without it except when you play your miserable division. Any team would be great if they had to play the rest of the AFC East twice per year then cheat their way through the playoffs or to beat the actually good teams. Your fans are MORONS and dont you ever EVER forget the two superbowls you lost to the Giants who didnt have to chea, made it there with hard work and dedication from the wildcard, and ended your perfect season which was probably accomplished by cheating too. Just enough. The pats and their fans are a joke and ill defy a single pats fan to even be able to comprehend anything ive written herein lest be able to contradict it.

    @lawyerbot I invite you to check my work because you seem to be the only one with any legal sense to understand the issues here. Or Florio please check the comments youre a lawyer you know what I am saying here.

    PATS ARE CHEATERS AND REPEAT OFFENDERS! THEIR FANS ARE MORONS ALL OF NEW ENGLAND ESPECIALLY THE SCUM BUCKET CITY OF BOSTON IS FULL OF DOPES AND I SPOKE THE TRUTH BUT NONE OF THEM WILL ADMIT IT CAUSE THEY CANT UNDERSTAND IT ANYWAY.

    Enough whining accept the truth you have a scumbag owner who runs a shady scumbag organization. Only NFL player to serve life for murder AND PROBABLY TRIPLE LIFE FOR ANOTHER DOUBLE MURDER- one of your very own. On and off the field just CLASSLESS.

    Boom – lawyered.

  50. Roger didn’t ask because Robert Kraft won’t allow it. So here we sit still talking about the ideal gas law and other crap while the smoking guns sit undisturbed awaiting the dirty payola for their silence from Brady

  51. This commissioner makes over 40 million a year, and he didn’t think it was necessary to directly quiz Jastremski and McNally – the two main culprits who might have been directly involved in actually deflating the footballs?

    How STUPID is that?

    Heck, I’d be curious to hear from each of them:

    1. Have you signed a confidentiality agreement with the Patriots?

    2. Why was your employment terminated by the Patriots, if indeed you did nothing wrong? Who informed you that you were being fired, and what all was said in that conversation?

    3. Who was known as the Deflator? How did you come across that nickname?

    4. What happened to that bag of balls when it was taken into the bathroom just before being brought out onto the field for the game in question?

    5. Did either of you ever speak directly to Tom Brady at any time about air pressure in footballs? What was said in those conversations?

    6. Did either of you ever speak over the phone or text directly with Tom Brady regarding air pressure in footballs?

    7. Did either of you speak with an individual who was passing on Tom Brady’s wishes regarding air pressure in footballs?

    8. May we inspect your phones for phone calls and text messages?

    A 456 page report that did not include testimony from Jastremski & McNally? Sorry – but that makes No Sense at all.

  52. What’s with all this nonsense that if they don’t hear EXACTLY what they want, they assume it means Brady did something wrong?

    I understand this wasn’t a criminal trial or anything, and that “innocent until proven guilty” isn’t the way these things work. But, I would still think that a group of adults conducting a trial-like hearing would still consider facts, and not make irresponsible assumptions.

    And why does it have to be so black-and-white with Goodell? Either the NFLPA calls McNally and Jastremski as witnesses…or it means Brady is guilty?? Huh??? What kind of backwards 2nd grade logic is that?

    And this is the man hired to run a multi-billion dollar business?

    Did I take crazy pills or something???

  53. Weren’t they both fired. Either side would be hard pressed to get them to attend that farce without compensation, and with compensation their testimony is worthless.

  54. Brady did destroy his cellphone which he could have used to prove there were no Deflator texts though right?

    He must be super sure he’s innocent if he would do that.

    Wait- there’s one other possibility….

  55. whitetrash69 says:
    Aug 4, 2015 9:00 PM
    The Pats are a dumpster fire lol. I’m loving every moment of this! Also, I have Pats fans so upset they are impersonating me LOL. This is hysterical, got to love karma baby


    Yeah you do realize this all looks bad for the commissioner?
    Read the other 2 articles he Roger is getting laughed at now around the country.

  56. First, choosing to draw an adverse inference when it is within your power to simply call them yourself and ask them is bogus.
    Second, the NFLPA and Kessler were clearly told they only had 4 hours to put on their case. Kessler even references this in his opening remarks and is not corrected by anyone. How many witnesses can they put on in 4 hours? Brady took up all that time alone.

  57. seahawkboymike says:
    Aug 4, 2015 8:50 PM

    jchemengr says:

    This went off the rails when the NFL assumed they had evidence of a crime when all they had was evidence of the ideal gas law.
    ———————————————————-
    The ideal gas “law” is not a law of any kind. It’s a hypothetical approximation that only applies under laboratory conditions, not football stadiums, and is usually not correct even then.

    But nice try.
    ===================================

    Ok. The Ideal Gas Law applies to the effect of temperature on a gas in an enclosed structure regardless of the location of said structure. In this case the bladder of a football.

    But nice try.

  58. “…and to observe their demeanor while they said it.”

    Yes.. it would have been amusing to observe them trying to explain with a straight face that Deflator was a term used to describe weight loss.

  59. Jastremski and McNally were each interviewed 4 times during the investigation. McNally’s last time was a 7 hour interrogation with 4 Wells lay firing accusations at him. He answered all questions. There is nothing more they can say. The real question is why would Goodell and Wells refuse to allow the Patriots access to the investigation notes? Do they conflict with the conclusions of the Wells report?

  60. Dolphins fan so spare the homer thoughts. The outcome was predetermined. If you can’t see that then your guilty of hoping that the NFL didn’t botch this. They did pure and simple. Don’t get me wrong there is no doubt in my mind that Brady knew what was going on but it should have been nothing more than a 50K fine and lets move forward.

    Hopefully, the Judge forces them to settle immediately so we can move forward and the first move after the fine is imposed needs to be replacing Goodell.

  61. Guys – not to insult you but most of you have either misread or not understand Florio’s point here

    It’s not that the NFLPA didn’t call them – the statements of the equipment guys is fine as is with the NFLPA

    Wells interviewed them FOUR times fishing for ANYTHING and they consistently said nothing happened.

    What’s SHOCKING is that GOODELL had the opportunity to call them as witnesses, have them sworn under oath with perjury as the penalty (yes, jail time potentially)

    … and HE CHOSE NOT TO DO SO

    So many Haters have said “I’d love to see them testify under oath!”

    Well, not Roger Goodell.

    That’s just more PROOF that this was a set up and a witch hunt designed to get you all to focus on a “scandal” that would make you forget about all the calls for Goodell’s resignation last fall

    And the last thing Goodell wants to do is get to the truth and let this media frenzy end

    But that glaring omission and admission that this is a farce isn’t something Goodell can avoid any longer

    More and more info is coming from the testimony showing how Goodell and Wells don’t think the laws of physics apply to the NFL, were twisting honest statements out of context etc.

    The judge isn’t really able to decide “the case” on it’s merits – even if he thinks Brady is innocent if Goodell followed the CBA procedure he can win at this stage – but Brady’s been exonerated by this testimony and Goodell’s integrity is now the real question

  62. MR. LEVY: Thank you. We are done for the day. I understand that the parties are going to consult and agree on a proposed due date for post-hearing briefs. The Commissioner will agree to any schedule that’s reasonable. In your briefs, the Commissioner would like you to address the question of whether he should hear from Mr. McNally and/or Mr. Jastremski before resolving the issue, before deciding the matter.

    NFL PA (and Kessler) stonewalled him is why. They didn’t bring them in the first place and they offered up a lame reason after the fact in their brief.

  63. Why didn’t Brady’s camp ask the Refs. if they inflated balls to 16 psi rather then send a copy of the proper psi level for balls rule? The Refs carry around that rule book in their back pockets.

  64. Wells and company inexplicably had failed to notice the controversial “deflator” text message before interviewing McNally the first time.

    You mean the first four times.

  65. The ideal gas “law” is not a law of any kind. It’s a hypothetical approximation that only applies under laboratory conditions, not football stadiums, and is usually not correct even then.

    ___

    Do you believe in gravity?

  66. Why was there nothing in Ted Well’s “independent report” about the testimonies of either Jastremski, McNally or Tom Brady??? So, there was nothing in TB12s six-hour interrogation or the two Patriots employees involved with the game balls that he could use in his witch hunt? Doesn’t that say volumes about the NFLs attempt to railroad the Patriots and their quarterback.

  67. This whole DeflateGate situation very quickly turned into a PR dilemma for Goodell and the NFL, and accuracy, or doing the right thing just went out the window!  They are in a ‘save your face’ mode for themselves right now.

    This all started due a LEAK by the NFL that put out False Data (people thought ALL 11 balls were at 10.5 psi!).  Now, the NFL’s OWN ball pressure data unequivocally shows that what happened was PURELY due to natural causes. Therefore, what is the point in looking at the innuendo and supposition of the circumstantial evidence?  This is like continuing a murder investigation after conclusive evidence shows that the victim died of NATURAL causes.  So frustrating.

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