A lose-lose outcome in Brady case remains possible

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As the NFL and NFLPA continue to stick to their #DeflateGate guns, many think that both sides prefer rolling the dice on a win — and accepting the risk of losing — over voluntarily taking a deal that would include no easy way to save face. For Brady, neither a suspension of any duration nor an admission of guilt would be acceptable; for the NFL, either becomes critical if the goal is to avoid undermining the investigation and the proceedings that culminated in the four-game suspension.

At a time when most think that the outcome in court would be one side clearly wins and the other side clearly loses, Judge Richard M. Berman could still fashion a ruling that both sides hate, and that could finally force the league and union to do a quick deal.

In lieu of affirming the four-game suspension or wiping it out entirely and giving Brady the right to play all 16 regular-season games in 2015 and beyond, Judge Berman could simply vacate the arbitration award entered by Commissioner Roger Goodell and send the case back to him for further proceedings. Judge Berman could do so with specific instructions aimed at correcting multiple flaws from the first appeal hearing before Commissioner Roger Goodell.

First, Judge Berman could order NFL general counsel Jeffrey Pash to testify at the appeal hearing, with the NFLPA entitled to obtain all communications between Pash and “independent” investigator Ted Wells firm, despite Goodell’s prior finding that the attorney-client privilege applies and that Pash should not have to testify. The NFL definitely would not want to do that, especially since Ted Wells admitted Pash reviewed and commented on the supposedly “independent” report.

Second, Judge Berman could order the league to provide the NFLPA with all raw documents from the Wells investigation before the renewed appeal hearing, most notably the notes of all interviews. If there are any arguable conflicts between those notes and the 243-page Wells report, the NFL definitely would not want to do that.

Third, Judge Berman could order the NFL to accept Brady’s offer to provide the phone numbers necessary for reconstructing the text messages he sent and received with the destroyed phone. The NFL already has made it clear that it does not want to do that.

Fourth, Judge Berman could instruct Goodell to insist on testimony from John Jastremki and Jim McNally at the second appeal hearing. Brady presumably would not want that to happen, especially if Jastresmki or McNally are feeling in any way isolated or scapegoated by the notion that Brady knew nothing and at worst they were rogue employees.

Fifth, Judge Berman could indicate that, after a second hearing, he will be inclined to conclude that the Commissioner’s power to protect the integrity of the game allows him to impose a suspension for the obstruction of an investigation, and Judge Berman could make it clear to Brady that, regardless of how the process turns out, Judge Berman believes Brady has obstructed the investigation.

Sixth, Judge Berman could require the entire appeal hearing to proceed as if it were a court proceeding, with media permitted to attend, to observe, and to report on the testimony and the arguments. The NFL definitely would not want that; if Jastremski and McNally would be testifying, Brady probably wouldn’t want that, either.

Seventh, and finally, Judge Berman could require that it all be done by the end of the month, so that he can issue a final ruling before September 4.

That’s the kind of blended outcome that would make everyone upset, for various reasons. It would turn the case into even more of a circus, it would require the NFL to expose plenty of stuff it would rather conceal, and it would make it clear to Brady that, no matter what happens in the second appeal hearing, he’s likely to face a suspension of at least a game or two.

In short, the ruling wouldn’t end the case, but it would likely be far more effective at forcing a settlement than the current posture, where both sides seem to be so unwilling to compromise that they’re willing to flip a coin quickly and end it.

UPDATE 9:40 a.m. ET: Judge Berman also could simply send the thing back for a do-over with the requirement that an independent arbitrator be used. The independent arbitrator would then potential order many of the things listed above.

109 responses to “A lose-lose outcome in Brady case remains possible

  1. It’s already a lose/lose.

    Fans of the NFL lose because we’re inundated with this silly farce that no one cares about.

    The NFL loses because, once again Goodell goes off reservation and acts the ninny that he is.

  2. Help me out here. I need at least another ten possible outcomes. Have the need to continuously speculate until a decision is made.
    I’m bored too.

  3. Fact #1 : It can’t be worse for Brady.

    Fact #2 : It will be worse for the NFL.

    As a Patriots fan, I’m good with that!
    With Smith’s broken jaw and DeSean’s shoulder, it’s clearly the funniest offseason ever!

  4. After today Team Brady has to feel things leaned slightly more towards them, so they aren’t likely to budge now, and Goodell isn’t going to budge period until 100% forced, so really there is nothing else likely to happen between now and the next court date.

  5. What ever happened to the testimony by Troy Vincent that the NFL punished Brady under a policy that was not for players, only teams and coaches, where does that fit in with the judge, assuming he is aware of that little tidbit.

  6. Only #5 is neg for Brady and seems very unlikely

    #6 could go either way

    1,2, 3, 4, and 7 are HUGE NEGATIVES FOR THE NFL

    Got my popcorn, Bring it on.

    Bring down Goodell, Nash, Kensil, and Vincent – restore integrity and leadership

  7. Cmon. We all know Brady is a cheater and liar and his legacy is tarnished. The NFL is really doing its best to stretch this out until football season starts again. Lets move on already. The guy needs to accept his punishment and drop it. Geez!

  8. At the end of the day if goodell was indeed capable of doing his job… He could’ve fined Brady back in January and killed this whole thing. Instead he let false reports fester, and here we are in August still talking about this crap. If you’re innocent, you fight all the way to the end… And that’s what Brady is doing. If he was guilty of anything I can’t imagine he’d be willing to go through all this mess

  9. I assume Brady would want Jastremski and McNally to testify under oath…this would be the best way to clear his name. Goodell and the NFL do not want the public to hear this testimony, which is why they fought to keep their testimony sealed.

    I assume Judge Berman will vacate the suspensions and Brady will be playing each and every game this season.

  10. I can only hope that both sides hate the ruling. Which means it would damage both Roger Goodell and Tom Brady. Two unnecessary evils plaguing the world today.

  11. It’s quite apparent that the NFL is more interested in “saving face” in the public relations fiasco this case has brought them.
    The League demands that have been reported requiring Brady to accept guilt AND agree the Well’s report is correct and proper are ridiculous, absurd and unconscionable in light of the information from the appeal transcripts.
    It seems the league is hanging their hat on the fact that the Commissioner has the absolute right, pursuant to the CBA, to rule anyway he sees fit and Judicial intervention can not stop it.
    The short sightedness and arrogance on the part of the league comes shinning through in this position. While the League may convince the Court of their rights under the CBA, they CAN NOT win in the court of public opinion.

  12. A lose-lose proposition could be far more simplistic. Goodall abused discretion and NFL conducted a biased investigation, thus insufficient evidence that Brady was involved in an intentional effort to deflate footballs below 12.5 psi. However, Brady clearly failed to comply with investigation. Remand to Goodell for imposition of modified discipline consisted with the findings.

  13. Yo Florio…

    You get an A++ on coverage…

    Just sayin…No where else would you get an attorney with a JD background to desypher these outcomes…

    Can’t we just electrocute Brady now?

  14. The league could compromise by reducing the ban and fine, they have room. Brady has no room because he wants a total lifting of both ban and fine. He couldn’t give a hoot about the money or ban, his name and legacy is what he is fighting for. In fact being out four or two games could be an advantage to the Patriots to see what they have after Brady and they probably would go on to win the division anyway such is their dominance. The judge might want the union to give a little but thats not going to happen and that could work against them.

  15. As long as Tom Brady is suspended at least 4 games for his role in cheating and obstructing the investigation, it’s a win-win-win for every party involved.

  16. I would like to add I believe Brady is telling the truth and this has been a total witch hunt spawned by the Ravens game and the contempt for BB. I believe ultimately the NFL was hoping to pin this on him, but had zero evidence and took the next logical scape coat because they wanted to cover up their total and complete incompetence. How the hell does anybody not know that air pressure drops when something filled with air moves from a warm environment to a cold environment? Are people in the NFL really that ignorant and stupid?

    I have faith that truth and justice will eventually prevail and even though fans of the other 31 teams don’t care about the truth as it benefits them to see the Patriots get railroaded, Brady will end up with the satisfaction that he stood up to the NFL and their shady attempt to tarnish his reputation and make him out as something he’s not.

    My personal feelings on Brady through this whole ordeal has only made me more proud of him as a person. His legacy notwithstanding, when football is long gone from his life he can hold his head up high and his children and family can be proud that their dad/son/husband stood up to this injustice. This makes him a man of honor, integrity, and a role model for all. That is something that is sorely lacking from many professional athletes, celebrities and politicians these day.

    It takes a man’s man to do what he’s doing and I’m proud he’s my team’s quarterback and equally proud to use him as an example for my own children as somebody who can truly be looked up to as a role model.

    To the Patriot haters out there. Be prepared to continue to have your butts kicked game in and game out as long as Brady and BB are on the same sideline.

    To the Patriots fans, I say only this. Keep the faith. The truth will eventually prevail. The NFL’s attempt to railroad one of our 4 all-time sports heroes (along with Bird, Orr, and Williams) will ultimately fail. This is not North Korea where you can convict a person without evidence. I believe this will ultimately end up costing Goodell his job and that may end up being the best result of this whole ordeal.

  17. We have heard enough about this latest cheating ordeal of the patriots- everyone knows they cheat. they should be thrown out of the NFL – they are a disgrace and all their supposed success has big asterisks- why don’t they go play in the CFL- or better yet, in Syria.

  18. Eighth – The judge can ask both sides what is wrong with all of you? This is Tom Brady we’re talking about here & his 4 rings have touched for hands than the rolls of Tralee, set him free.

  19. This situation still is worse for the NFL. I don’t think Kessler blinks about bringing in the two ball guys, but I do think the NFL does not want more public documents on this at all.

    For the NFL it’s about protecting the brand. For the NFLPA it’s about setting a precedent.

    Making the NFL is miserable as possible is a nice precedent for them, as is a ruling that forces them to do their appeals process all over again.

  20. If nothing else, players will never allow Goodell to be prosecutor, judge, and arbiter in the next players agreement. Of course, owners shouldn’t want that either. Also, we have probably seen an end to “Wells Reports”. At this point, Brady needs to accomplish two things if he truly believes he did nothing wrong.(1) never admit guilt, (2) serve the best interests of the NFLPA. Both of these maybe against what’s in the best interest of the Patriots. However, Robert Kraft sold Brady down the river and the team should pay the price and not Tom Brady, even it means a suspension. Stick up for what you believe in because your honor should not be for sale. Your fans will understand and thank you for four Super Bowls and the privilege of watching you and my son growing up watching only you as the Patriots quarterback and great Sundays. The ride has been great. This one is for you.

  21. Berman at least seems impartial enough to look past procedural custom and see the NFL’s case for what it is: a bogus conclusion based on a sham “investigation” and a series of outright lies from Goodell. If Kessler presses this to the bitter end, Brady starts on September 10.

  22. When two sides are arguing over money, settlement talks make sense. When two sides are arguing over integrity, there’s no room for negotiation.

  23. What would be his legal authority to throw out the ruling and then order the case heard again with all of those specifications?

    I’m not saying it isnt possible, I just have not heard of anything like it before.

    Wouldn’t be much more likely to just vacate the ruling and order an independent arbitrator to resolve the case? Isnt that a much easier option?

  24. Go with the fourth choice,make Jastremki and Mcnally testify under oath exactly what they did and why they did it.if they were ordered to do it by Brady say it then let the chips fall.

  25. We need to hear the testimony of Jastremski, McNally and Brady under oath. Subpoena all of the phone records from the phone company and lets find out once and for all who is telling the truth. If Brady is lying he should be suspended for a year and if he is telling the truth the NFL should remove all penalties against Brady and the Patriots.

  26. Brady would LOVE all of those things. The NFL could have called Bevis and Butt-Head at the appeal. They didn’t. They could have included their testimony in the Wells report. They didnt.

  27. I still think Brady knew, but I don’t even care about it anymore, BUT if the Judge makes ANY ruling making exposing Goodell I’m all for it! Anything to get that man out of office I’m in favor.

  28. Goodell and team are clearly in victory formation. No compromise necessary. Just take a knee and run out the clock. Don’t Pisarcik this.

  29. Even as a Brady supporter, I want the witnesses on the stand. That includes the equipment managers, Brady, Goodell and all of the NFL executives involved.

    I want the truth. If Brady instructed them to tamper with balls then fine him (suspension should have never been on the table). And let his legacy be tarnished by his own doing.

    If the NFL got this wrong, I want people’s name outed and their ‘integrity’ ripped to shreds. Who lied and why? Put everyone on the stand.

    What you propose as a lose-lose proposition for the NFL and NFLPA I see as a win-win for the fans. Oops, that right, NFL and NFLPA don’t care about the fans

  30. If I’m Brady and I’m innocent (which I believe is the case), I would absolutely not settle if doing so means admitting to something I didn’t do. Tom’s a bright guy, I’m fairly certain that if deflation happened and he was complicit in any way, he would have acknowledged it very early as this would not have been much of a big deal at all.

  31. The judge needs to make every document public so the world can see how TB12 was railroaded. But then, the haters wouldnt read them and would continue to troll…

  32. true, but not gonna happen.

    berman wants the case over and resolved. so does every inhabitant of planet earth. every signal from berman is it could be resolved expeditiously, and if the parties won’t do it, he’s prepared to.

    the nfl started with a winning hand, but they have fumbled, bumbled, and bungled it so badly, their only hope is to be put out of their misery now quickly and mercifully.

    there’s also zero chance of a settlement absent a court order. both sides are completely dug into their positions.

    most importantly, the nfl has demonstrated they are incapable of conducting a fair review on the merits, and berman sees that (questioning the stunning lack of evidence in the wells report, and the league’s assertion that a sham investigation is just as good as an impartial investigation).

    furthermore, i expect in the next session, berman will shred the nfl’s position that article 46 supercedes the provisions spelled out for equipment violation. otherwise, if the league is permitted to unilaterally determine that an equipment violation could fall under article 46, they’ve effectively rewritten the cba to delete the entire section, which is an untenable legal precedent. after all, what equipment violation could not be construed as “conduct detrimental” the same way?

    ultimately, the merits of the case have evaporated away, and all that’s left is personal animosity, jealousy, and bitterness. sending it back to goodell’s kangaroo courtroom would defy all logic and fairness.

    plus it would reflect that berman was incapable of resolving the dispute, which would be a humiliating defeat for judge berman himself.

  33. Brady is a proven WINNER unlike Ted Wells’ failed attempt to prove Tom know anything about an alleged equipment violation.

    Here’s the lose, lose, and loser:

    Wells, Pash, and Goodall. Nothing but clowns…! But I wouldn’t mind their paychecks.

    The league has screwed up at every juncture. If the owners weren’t too busy counting their money they would have fired Roger long ago.

    At this point, I think Jimmy Carter would do a better job than Roger or maybe Turtle for Entourage. Either way, the owners, players, and fans would be better served without Roger Goodall!

  34. speaking as a Patriot fan, I’m all for all this. Put it all out there, in full, in available media and let the people see what’s actually happened here. If it’s not favorable to Mr. Brady and the Patriots so be it. Based on what we’ve seen and heard so far, it’s more probable than not that people will start talking less about how wonderful the emperors clothing is versus how he isn’t wearing any. The more that comes out the worse it gets for the NFL as an organization and Roger Goodell as a leader. Frankly, all NFL fans should now demand a release of all the documents in the individual player and team cases since Goodell has been Commissioner. Like a lot of people, I scanned what happened to the Saints, Cowboys and Redskins in the past but after what happened to the Patriots, I went back and read it all in depth. It’s all more or less the same pattern: change the rules, make things up, strategic leaks, move the goal posts when it looked like the original offense wasn’t provable. The NFL needs a leader with integrity and common sense. Goodell has neither. And remember, as I said, if the public proceedings implicate Tom Brady and the Patriots so be it but you could call me skeptical based on the preponderance of the evidence so far.

  35. Every Patriots fan is zen with Brady losing on the procedural issue, sitting 4 games, then suing the NFL for defamation with the firing of Goodell a condition of the suit

    Judge Bermam has already exonerated Brady, chiding the NFL and getting them to admit they have no real evidence to support their charges or show anything happened

    He’ll crush them in a civil defamation suit

  36. As a life long Patriots fan I have no problem with this scenario. The NFL has far more to hide and cover up than Brady.

    All Brady has to hide is pool covers and Peyton Manning smack talk.

  37. Tom Brady, if he is not completely exonerated, doesn’t really lose anything. He’s already been suspended 4 games and nothing worse can happen.

    The NFL has already lost.

    After the Wells report was thoroughly exposed, the NFL lost all credibility.

    Not to mention the number of bold faced lies that Goodell and company were caught in, trying to perpetuate the false claims.

    If I’m Tom Brady – I stick to my guns and demand complete exoneration. He’s already won the PR battle with the NFL as more and more of the truth has come out.

    The money means nothing to Tom.

    The suspension bothers him, but he can overcome that when he comes back fresh ready to compete in what appear to be a weak NFC East Division.

  38. Any judge with half a brain is not going to go out on that many limbs in vacating an arbitration award for fear of embarrassing himself with a reversible order. The judge wants a settlement but not at his own expense. The most likely outcome would be a finding of a specific procedural flaw and ordered back to the NFL for new proceedings without that flaw. That is safe and judges like safe. I’m sure everyone would love to hear from the deflator under oath since he is one of the few people that can testify to Brady’s specific knowledge and involvement in the operation.

  39. Regarding Jastremski and McNally, they already testified to Wells that they had nothing to do with deflating the footballs beyond 12.5 psi.

    Wells didn’t include their testimony for the same reason he didn’t include any of Tom Brady’s testimony: He did not find their explanations credible.

    To me, that’s a good sign. Based on other Wells’ investigations, it means those two merely didn’t tell Wells what he wanted to hear (admitting guilt in any way), which is good for Brady and bad for NFL.

  40. You missed one important point.

    The science would come into play and when it was proven that there was no proof of tampering, there would be no need for anyone to testify.

    Since it was the air pressure that led to a need for testimony.

  41. Brady is guilty. He wouldn’t have destroyed his phone otherwise. The NFL conducted a bogus investigation.
    Restore Brady for the regular season but suspend him one post-season game as a reminder to not mess with the game.

  42. If Brady wasn’t so child-like the New Englanders deflated balls issue could have settled by now.

  43. I would be very surprised if Judge Berman ruled in a way that this farce does not end very quickly. Prolonging the most overblown incident in the history of sports does nobody any favors and why put this back in Goodell’s hands when he has handled it so poorly from the very beginning. Goodell cannot be impartial as his bosses (the owners) don’t really want him to be.

  44. Since Kessler has already said that Brady could have cooperated more I don’t think he would have any problem taking two games for mere obstruction. That way Brady could still say he didn’t cheat and was only looking out for other players who could face similar fates down the road. Public opinion is already set and nothing that happens from here on out is going to change that. Now let’s get the season started already!

  45. Like most court scenarios and ironically similar to the NFL replay system – this judge will need to find significant evidence to overturn Brady’s ruling. The facts or smoking gun are difficult to confirm or deny – making this story most likely: a lose lose situation. Who doesn’t lose? L. Blount and Rob Gronkowski are still fantasy relevant. Source: Fantasy Fball Champs calculator

  46. Everybody is focused on Brady’s suspension, what about the fine imposed on Robert Kraft? I realize Kraft is a billionaire and the fine represents a traffic ticket to the likes of you and me and furthermore, I realize that the fans of NE did a Kickstarter campaign to pay for said fine but I have another idea.

    How about doing a “Deflator” Diet book? Apparently the diet was so successful that the guy lost weight and earned his nickname, I mean, that is what the Patriots have said so it must be true.

  47. A lose lose for the NFL and Brady, would be a win win for football fans. Put EVERYONE involved under oath including Belichick Kraft, Goodell, Wells, ball handlers, I mean everyone. Anyone lying under oath gets one year in prison. First lair caught gets to bunk with Hernandez.

  48. That might be an unattractive outcome for both sides, but it looks like the league has far more to lose from that outcome than Brady does, so I’m all for it. Brady can play the brinkmanship game and hold his ground until the NFL agrees to a no-suspension, no-admission-of-guilt settlement.

  49. i do not see any scenario where there is a loss for Brady. He can’t get a longer suspension. There is absolutely no reason for him to back down from his demands that there is mo suspension and no admission of guilt. If they want $50K for “not cooperating” (even though the semi independent consigliore Wells said he did cooperate) then ok.

    The NFL has everything to lose, including the commissioner’s role as the ultimate arbiter.

    Hold fast, Brady

  50. A couple of questions:
    1. Depending on the outcome of this case, doesn’t it seem likely that Brady would sue either the NFL or Wells law firm for defamation? If so, wouldn’t all of the notes, conversations and information become public? I would think that Brady would have a strong case, and I would think the NFL would like to prevent this from happening. Could an agreement from Brady to NOT sue be part of a settlement?

    2. Could Goodell place Brady on the Commissioners reserve/suspended list pending the outcome of these legal issues?

  51. The judge will rule with the agreement signed by both sides in the CBA. All the rest of this is just to warn Brady that the hammer is about to drop and give him added incentive to offer a settlement that the NFL will find acceptable. Sounds like he hasn’t been trying too hard.

  52. He’s going to affirm the suspension, the CBA is clear.

    Then the players can quit whining about Goodell because his authority will be set in law precedent.

    Finally.

  53. If brady, jm and jj did nothing, then this scenario works great for them. All the facts get out into the public domain and NFL gets exposed.

  54. When a federal judge is leading you towards a settlement, you generally want to follow his lead if there is a chance you will ever be in his courtroom again. The chances are greater that the NFL will be in front of Judge Berman in the future (being a NY corporation that regularly has its actions challenged) than they are that Brady will. I am certain that the NFL is considering this math.

  55. Do it. Brady cheated and Goddell screwed up the process.

    Let Tom’s adoring fans hear on the record testimony as his equipment managers get raked over the coals, and pretty boy take the stand. Even if they rule against the suspension, the court procedure does far more to tarnish his legacy than sitting on the bench four games.

    Goddell has been judge, jury, executioner and tyrant. If this is the nail on the coffin, ok.

    Or the two sides can put on their big boy pants and Brady takes 2 games for “not cooperating fully” while admitting no on the field guilt and Rodger gets to say he tried.

  56. I honestly think this would be the right ruling here. It’s obvious Brady took part in breaking the rules, and has lied about it since.

    It’s also obvious the league has taken very poor actions trying to prove it.

    Both sides have egg on their faces. It’s time for all involved to share some responsibility and move on.

    The only winners here are the lawyers that are making a killing here.

  57. And there is the issue of a temporary injunction to prevent imposition of the suspension if this drags out.

  58. Charles’ and Boyles’ laws…collectively called the ideal gas law…show that the balls deflated only due to thermodynamics.

    Because so many are ignorant of this blatant realty, starting with the NFL, this has become an utterly ridiculous and pointless discussion.

  59. At this point too much time has passed for Jastremski & McNally to testify without scrutiny of their financial records. There’s no way Kraft is taking a chance they spin in the financial wind. Hard times create hard feelings, and people tend to embellish when they feel wronged. I don’t think they need to embellish, and Brady and Kraft KNOW they don’t. They have been paid, will be, or will blow it open. Bob and Tom won’t allow the last one.

  60. Excellent article. However, it fails to address what may be several critical points – (1) the NFL’s need to be released from Brady’s potential defamation suit; (2) the right of the NFL to potentially require a waiver of a player’s state and federal privacy rights (3) the timing of the destruction of the phone (after discipline based on the reports I have read) and (4) any messages or conversations with NFL teams (collusion / anti trust).

    Many believe Brady currently holds a winning hand. Some believe the CBA waives all player rights. Perhaps the best result would be to delay until one party or the other can make a strategic withdrawal – the Peter King solution – wait for the scientific evidence to be accumulated this year.

  61. The key is to make people testify under oath with a real penatlty of perjury, alongside getting the phone records out there.

    That will clear everything up.

    And no, pats fans, it won’t all be roses.

  62. Gotta love haters. They consistantly get blown up on the facts, but then come with their big argument; ‘but…but…everybody knows they’re guilty’.

    I wish Pats fans would stop with the deformation of character stuff. Never gonna happen. Even if it did, it would get laughed out of court. Just like Vilma’s did.

  63. McNally and Jastremski testified to Wells that nothing happened. The NFLPA didn’t call them precisely because they would continue to say the same thing and it would be a waste of time — the league was trying to force them to do it in 4 hours, remember? And then Goodell turns around and claims they actually would have said the exact opposite if they’d shown up, which even Wells never claimed. He’ll just make stuff up to do what he wants, numerous major papers in NY and DC have openly called him a liar. The judge papers well on his way to joining them.

  64. The NFL just needs to bury this as far down as possible. Fine Brady $200k, payable to NFL Charities or an NFL retired players cause or concussion research and get this circus over with.

    If Goodell had stopped with his “discipline” over the last two years, he may have gone down as one of the greatest sports industry leaders of all time. The NFL and football have grown immeasurably during his tenure. However, the way he has handled himself has completely overshadowed the gains made. Clown commish, bro.

  65. I’m a Pats fan and would be just fine with what Florio has outlined. If Brady did cheat he should be punished, but it just needs to be objective and fair and there needs to be just a little bit of actual evidence presented against Brady.

  66. Look, did he take air out of the balls? Yes
    Did he know about it? Most Likely
    Is it a big deal? No
    Do you ever hear any colts PLAYERS complain? No

    Love/Hate Brady, there’s no denying he’s special and only has 2 MAYBE 3 years left. Mature football fans like to see the best players play.

    Just end this saga and just fine him NFL.

    Swallow your pride Goodell

  67. For all those clinging to the”Brady is guilty” principle, it might be beneficial to get a look at the reporting from yesterday where Judge Berman said point blank that the NFL has NO PROOF of deflation or a conspiracy to do such. That is the single most important factor in the entire matter.

    I don’t even care about this as an issue, because QBs have been tweaking the footballs for decades. This is just a prime example of what happens when incompetent individuals attempt something that is beyond their abilities. And that goes for everyone involved on the NFL side, from Goodell on down.

  68. This apparently will come as a surprise to the anti-Pats camp; but, Patriots fans are okay with the prospect of McNally and Jastremski testifying. If we believe, and we do, that no one deflated any balls, why wouldn’t we be okay with those two getting a chance to clear their names? This brings up the real problem for the NFL…..what in heaven’s name are they going to do, if after collecting football data for an entire season…..they find out what everyone else already knows….footballs lose pressure in the cold and wet.
    What happens then? The world will know (even if the NFL fudges data–there are going to be enough people measuring psi before, during and after every game all around the country, that they conducted a 7 million dollar (maybe more) investigation into deflategate–and it turns out it was Mother Nature all along. The NFL should consider that possible outcome….say they win in court (which I don’t believe is going to happen) and they’re shown in November, December and January to have railroaded the face of the league with incontrovertible evidence….what then Rog’?!

  69. Brady is going to take all of them down. Not only is he going to get zero games and no fine, he is going to sue Goodell, Kensil, Mort, BSPN, Wells.

    Bradys great grandchildren wont have to worry about a thing.

    Loved Kessler’s if my grandma had wheels she would be a trolley car. Lmao. Classic smack.

    Nash needs to be disbarred. He blatantly lied yesterday. Wells needs to be disbarred and Goodell better have his checkbook ready

  70. My belief is that a lose/lose outcome is not only possible, but likely. This whole debacle has continually and steadily harmed the credibility of both the League and Brady — and if both sides keep their heels dug in, it’ll continue along that path.

    Imagine if the Cuban Missle Crisis transpired with no concessions, no reverse gear. The Kennedy Administration created a face-saving technique for the Russians, and Krushchev wisely took it (later to his own personal detriment). Now, that could have been the ultimate lose/lose.

    Well, Brady and the League continue to show no willingness whatsoever to compromise – and the adverse fallout for both sides could be pretty damaging. Similar to the CMC, my recommendation would be for the League (or Brady) create a face-saving technique for Brady (or the League) to (wisely) opt for – in lieu of a doomsday scenario for all involved.

    I have some ideas, but they’d involve both sides making key (but not absolute) concessions. My thinking is if both sides see the other side is relenting on their hardcore stance, it could open the window a crack for the requisite compromise.

    The acronym MAD stands for Mutually Assured Destruction. Global thermonuclear holocaust – the ultimate Lose/Lose. This is NOT nearly as important as that concept, but in an NFL/Brady legacy sense, it’s extremely important. Let’s not have the League and Brady both crashing and burning.

  71. surfing 1998 says:

    “Charles’ and Boyles’ laws…collectively called the ideal gas law…show that the balls deflated only due to thermodynamics.

    Because so many are ignorant of this blatant realty, starting with the NFL, this has become an utterly ridiculous and pointless discussion.”

    Bottom line here is – NOTHING happened with those Footballs!

    This season, when the NFL runs “random games” tests on PSI, everyone knows that teams will be running their own tests. (Because the NFL can’t be trusted to be transparent.)

    Of course teams won’t be allowed to get their own halftime measurements (against the rules – ie. Colts ILLEGALLY measured an intercepted Patriots ball on their sideline (and got 3 different results)).

    The Real Truth will come out over time.

    And I firmly believe the real truth in “Framegate” is NOTHING illegal HAPPENED during the AFCCG!

    The circus started when the NFL dove into the shallow end of the pool…

  72. Patriot fans want the ball boys to talk…Thats Rich!

    News flash…

    If the Patriots thought the ball boys were not guilty, they would set up an interview with Mike.

    The Patriots prohibited them from speaking at Well request after speaking to Brady.

  73. This is the end of favorable NFL calls to help the Patriots.

    Oh but wait….Patriot fans think they are unfairly treated.
    Uhhhh…You ain’t seen nothing yet.

    Patriot Haters Rejoice!!!!

  74. The Patriots prohibited them from speaking at Well request after speaking to Brady.
    ===
    Yeah. Because Wells wanted to break the deal he had. “One interview barring new information” doesn’t mean “Ooos, I missed this text message prior to interviewing these guys. I’d like to ask them about it.”

    Nope. You blew your wad hotshot. Better luck next time. You’ll not be entrapping anyone with tiny inconsistencies that always creep in when someone tells the same story over and over.

  75. The Patriots prohibited them from speaking at Well request after speaking to Brady.
    ===
    Yeah. Because Wells wanted to break the deal he had. “One interview barring new information” doesn’t mean “Ooos, I missed this text message prior to interviewing these guys. I’d like to ask them about it.”

    Nope. You blew your wad hotshot. Better luck next time. You’ll not be entrapping anyone with tiny inconsistencies that always creep in when someone tells the same story over and over.

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

    This is the difference between working with the league to ensure no cheating took place, versus conceding that cheating was done but trying to get off via legal wrangling.
    This is again just more evidence that Brady was cheating.

    Thus…Brady cheated, thankfully Goodell has the authority to respond accordingly.

  76. Ted Wells admits under oath he was paid by Goodell to frame Brady , and told to keep out all evidence which exonerates Brady.

    Goodell faces prosecution for conspiracy to defraud the Patriots organization and defame Brady, McNally and Jastremski…

    But the Judge upholds a 2 game suspension of Brady, because he destroyed his phone…

    Goodell and Ted Wells will never testify under oath, they will take the 5th and refuse to testify. Already Wells and Goodell have conspired to keep their conspiracy hidden, by claiming attorney client privileges to hide their notes, discussions, interviews, phones records, email messages etc…

  77. Judge Berman, can also place his finding into public record which would help air some independent information.

  78. bostontdparty says:
    Aug 13, 2015 8:47 AM

    another scenario Mike, the judge sends it back to to the NFL, but this time there is an independent arbiter, picked by the judge.

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~

    I think this is actually the most likely outcome. There has been no arbitration up until this point. Arbitration occurs when both parties of a disagreement use a mutually agreed upon third party as arbiter. The Judge can also rule that the independent arbitration be made binding in advance.

    I thing that Brady would agree to that since the current evidence doesn’t support the penalties assessed by Goodell and the NFL. There is a good chance that an independent arbitration would completely exonerate Brady, vacate his suspension, and set the Pats and Kraft up for an appeal of their fines, and that would be their ideal outcome.

    The NFLPA would love this as, regardless of how the arbitration turns out, it completely undermines the concept that the commissioner can be both the judge and hear the appeals of his own decisions ever again without likely being dragged into court.

    The only ones who would not want an independent arbitration are Goodell and the league / owners. They have the most to lose from here forward. But based on the unsealed testimony it seems they are the ones who have been the least forthright in the entire affair.

  79. I meant to add that Goodell can eliminate the likely loss of power to the commissioner (somewhat) by offering Brady total exoneration and a small fine for not fully cooperating. Other than that I see him and the league losing badly in any decision.

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