Defamation case would be a mistake for Brady

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In the aftermath of last week’s decision by former Dolphins offensive line coach Jim Turner to sue “independent” investigator Ted Wells and his law firm for defamation, some have suggested that Patriots quarterback Tom Brady should do the same thing.

He shouldn’t.

Apart from the fact that filing a lawsuit against Wells and his firm would continue a controversy that Brady surely would like to see end, it could open multiple cans of worms for Brady, as illustrated by the decision of Roger Clemens to sue Brian McNamee for defamation based on things McNamee told former U.S. Senator George Mitchell during his investigation regarding steroids use in baseball. The Clemens lawsuit against McNamee sparked years of litigation arising from Clemens’ claims against McNamee and McNamee’s claims against Clemens, along with a prosecution of Clemens for perjury based on testimony given to Congress.

A lawsuit against Wells and his firm also would expose much of Brady’s personal life to scrutiny, since the playbook for defending against a claim that false statements injured a person’s reputation include exploring every nook and cranny of the plaintiff’s life. Also, any claim that the alleged lies told about Brady caused him emotional distress or mental anguish would make a wide range of personal questions fair game during the discovery process, including questions about the impact of the emotional distress or mental anguish on all aspects of his relationship with his wife and an inquiry regarding whether he has sought psychological assistance to deal with the situation.

Also, because Brady is a public figure, a higher standard applies to him. He must show not only that the statements made about him were false, but that the statements were made with knowledge that they were false or with reckless disregard as to their truth or falsity.

So any defamation case filed by Brady likely would generate various types of private information, and Brady then would have to worry about the private information becoming public. Throw in the possibility that Brady may say something under oath during his defamation case that could conflict with something he previously said under oath during his appeal hearing and the potential criminal consequences of such a contradiction, he’s better off taking the high road and moving on. Unlike Jim Turner, Tom Brady has far less to gain by suing Ted Wells — and much more to lose.

170 responses to “Defamation case would be a mistake for Brady

  1. What about against the NFL and the false (“11 of 12 balls”) or misleading (“only” discussed SB XLIX preparation with Jastremski) public statements they’ve made? Those seem pretty clear-cut and wouldn’t need to include much of Brady’s private info, it seems.

  2. “…based on testify given to Congress..”
    Haha, throwin’ back too many cold ones on a school night, eh?

  3. If Brady is suspended then A-rod should be too. Both are pretty much the same, statistically and air pressure preference speaking.

  4. But what about a defamation case against the NFL and Goodell for failure to correct misinformation or mischaracterization of testimony at the appeal?

  5. While I agree there are risks for Mr. Brady, there are far greater risks for the NFL. Will the anti-trust exemption apply to conspiratorial conduct by the League and “Clubs”? If not, each club could potentially be at risk.

    While Brady’s communications will be subject to discovery, so will Wells, Kessler, the teams and the League office. (I know about the attorney client privilege, but the League says Wells was independent – a fact that would obviate the A/C privilege).

    The dissemination of knowingly false information possibly by the NFL will likely pass the “malice” test. I believe Brady can prove defamation if he can show a conspiracy to cover up or selectively use data in a way to bring Brady to public ridicule (though admittedly the last time I practiced in this area was the ’80s).

    You are correct that the issue would be damages – how many sponsors have shied away from Brady? More importantly, if Brady is suspended, the damages could be significant and might be multiplied if the suit is in an appropriate jurisdiction.

    This goes hand in hand with possible violation of State and Federal privacy statutes by the League in demanding a waiver of personal rights (cell phone) or punishing Brady for not waiving those rights. If the NFL overstepped the statute does it have culpability under those statutes?

    The only real solution is to postpone until the scientific data catches up with the allegations. I agree that this is a tar baby, but the NFL has the perfect opportunity to stop the leakage by getting at least a year of data before proceeding with any penalties.

    It won’t do it, of course. Arrogance is a disease that often leads to one’s own demise.

  6. Tom could write his own “report”.

    He could (co-)write a book about the whole experience detailing all the underhanded things done to him and the Pats. And publicize the bejabbers out of it on a book tour after the season.

    Might put a dent in the rep of Wells et al. Then again, there are those in this world who would just love to have such an underhanded lawyer, and such a book would be a huge advertisement for him.

    It’s an option at least.

  7. Buh buh but Brady is going to the supreme court to make Goodell and Wells hus personal slaves for life right? I mean, he has absolutely nothing to hide right?

  8. He must show not only that the statements made about him were false, but that the statements were made with knowledge that they were false or reckless disregard as to their truth or falsity.
    ——–
    I think he’s got that covered multiple times.

  9. Although a defamation suit against Wells is probably not wise, the evidence released by the NFL in the appeals testimony, the emails by Pash, and the leaks of false data by the NFL are already publicized evidence for a defamation case against the NFL. Though I’m no lawyer, my legal friends indicate that each of the criteria seems to have been publicized and documented by the NFL already. The case against Wells may be very difficult, but, the case against the NFL seems like it’s already being prepared. If that gets filed and the Wells report testimonies are released, the information could be devasting to the NFL. The leaks of falsified data, the false statements from Goodell, the memo with false data from Giradi, and the false claims made to the public and proven by the appeals testimony, seem damning enough. I can only guess that the reason Wells and Pash were claiming “attorney client privilege” for not releasing Wells testimony notes is because there is more they are hiding. If so, the NFL should be in for a rude awakening.

  10. If I were Brady, I would employ an army of investigators to dig up, now and into the future, any dirt on Goodell and certain selected owners.

    Of course, not until he retires in 6 years or so.

  11. Brady needs to win the Federal Court appeal first. Then go win SB50 retire and sue Roger Goodell for the witch hunt and smear campaign. Roger Goodell need to be removed from the NFL. The NFL makes money regardless of who runs it. Any quilified executive can make the NFL a cash cow.

  12. I’m beginning to wish Brady would go away. But, I’m very curious to see how he and the Pats play with a fully inflated ball in bad weather.

  13. I wouldn’t think the defamation case would be against Wells, but rather the NFL League office- who have clearly been on a witch hunt, and could have ended this with a fine given the absence of any credible evidence. I think a jury could trace the questionable decisions Goodell has made and Kinsel’s conduct through all of this has been atrocious. However, it’s clear Brady wants to play football for some time to come, and having this on-going dark cloud would not serve anyone’s interest. I would only think it would be advantageous to clear his good name after he hangs his cleats up.

  14. Man, sue the guy. He hides behind that “Public Figures” thing too much. He’d claim Jimmy Boogles was a public figure because he made the Jaguars special teams. Just sue him so everybody knows he’s a slanderer. You don’t have to win. Let the world know what NFL fans already know.

  15. Brady should use him suing Goodell as leverage to start and sue him anyways. If Brady didn’t win the SB, who knows companies may have
    dropped him as sponsors.

  16. Celebrity DBI ranks celebs marketability.

    “And when it comes to image, Mr. Brady’s has taken something of a tumble since Deflategate broke. According to Peter Laatz, executive vice president of Repucom, a sports and entertainment research firm that administers the Celebrity DBI, an index that quantifies perceptions of thousands of celebrities in various fields, Mr. Brady’s trust score has sunk from a ranking of 863rd (out of 3,579) after the Super Bowl in February to 3,097th (out of 3,755). A big drop came after the Wells report, the independent investigation of the allegedly deflated footballs used when the Patriots won the American Football Conference championship game, was released in May. That puts him on the same level as Macaulay Culkin and Britney Spears.”

    It will take years but screw Goodell sue him.

  17. Remember, The NFL filed first in Deflategate. NFLPA and Brady filed second. The NFL idiots will file a defamation lawsuit against themselves. And Goodell will approve it. Because they have been getting top notch legal advice. And Jerry Jones will second it as long as he can sell Pepsi.

  18. The truth would be a mistake for brady. Better off riding this ‘the patriot way’ thing out

  19. What can I say – well said Florio. And well argued. And you’re right. Problem is Brady isn’t all that bright. He has an ego the size of Texas, but he isn’t all that bright.

    Rule of Law or no, 90% of the country knows he is guilty, and has been for years, of cheating/gaming the system for competitive advantage. While that may be cool for Captain Kirk (think Kobayashi Maru) it isn’t if you want to cement your name among the greats of a game. And yes, it is a game.

    Brady is an egocentric, likely megalomaniac personality who doesn’t dwell in the same world you and I do. Even if he is wrong, he thinks he is right. Even when he has four rings with asterisks or questionable rule interpretations or things that have nothing to do with his play on the field (think Spygate, Tuck Rule, Vinateri) he still thinks he is the best QB to every grace the field. Even though he walked out on a baby mama and their child, he is still father of the year.

    Brady is a loser, in character at the very least.

  20. Dear Tommy,

    Regardless of whether you are guilty or innocent of wrongdoing in DeflateGate, you have to come to grips with one thing.

    You play for a franchise with a reputation for cheating or, a the say in New England, “bending the rules”.

    As far as “protecting your legacy” from being labeled as a cheater, that ship sailed a long time ago.

    There is absolutely nothing that you can do about that. You may or may not have been involved in any of it. However, you are obviously smart enough to know that your name will forever be intertwined with the Patri*t name and that name will be brought up in future discussions along with the allegations of cheating.

    In a way, you are partially responsible. If anyone could have talked to Belichick about “bending the rules” it was you and you didn’t do it.

  21. It’s about time the NFL stops this this guy from doing what he pleases without any consequences

  22. He’s not even entertaining that idea anymore. I’m sure at one point he may have been but the NFL and Goodell got smoked when all of the content that was collected and the witness information was unsealed. Everyone could see them for what they are. Plus, they screwed this up so bad with the Wells Report and Goodell’s outright underhanded and duplicitous behavior that Goodell put his own nails in his own coffin and he will not be the Commissioner by this time next year. If Brady wants revenge Goodell already gave it to him for free.

  23. Let’s assume that restoring his reputation is more important to Tom Brady that any money a defamation suit might provide. If that is the case, there is a way to clear Brady’s name without him having to file a defamation suit. Jim McNally has been accused of deliberately deflating footballs in violation of NFL rules. It seems to me that he also may have grounds for a defamation suit and (unlike Brady), he is not a public figure subject to a higher standard.

    If JM is cleared of wrongdoing, Brady is cleared as well.

  24. It’s up to the judge to let anything into court about his personal life, I would go after him and the NFL.

  25. When you shopping for pseudoscience group like exponent, after you have contacted Columbia physics department, showing “He must show not only that the statements made about him were false, but that the statements were made with knowledge that they were false or reckless disregard as to their truth or falsity.” seems like a trivial task.

  26. The only thing that Brady would not want exposed about his personal life would have to do with his wife and marriage, UNLESS……
    Wouldn’t it be poetic justice if leaks about trouble in paradise were actually created by Tom and Giselle. The NFL leaked false info to frame and convict Brady of cheating. How sweet it would be if Tom did the exact same thing to convict the NFL for defamation and hundreds and hundreds of millions for ruining his marriage. Of course Tom and Giselle live happily ever after, after getting Goodell fired and owning an NFL franchise. Someday they will tell the world “OOPSIE, we should have said we were just fine and corrected the false leaks but we thought Tom’s agent was handling that”

  27. There is no doubt that Goodell has slandered Brady. But he’s not the only one.

    Goodell and the owners have dragged McNally and Jastremski through the mud as well. They’ve been laying low, likely at the behest of their lawyers, and may be biding their time for their own defamation suit which is much easier to prove and defend given that they are not public figures

    Goodell has already been exposed as a fraud with just the simple sharing of the transcripts (which Mr. “Open, Fair, and Transparent” opposed releasing)

    An attorney in a defamation suit focused on the fact the footballs weren’t even deflated more than the cold and rain explain will have a field day with him

  28. A defamation suit is nothing more than the wet dream of a handful of internet trolls. That’d be like taking a speeding ticket to the Supremes. Remember, to paraphrase Brady himself: they didn’t accuse him of running ISIS – we’re talking about bit of air here.
    As you point out, the cost/benefit on that would be crazily skewed. Not to mention that, in the end, as is demonstrated here (without end), the haters will insist he did it, the deniers will refuse to believe he did it, and the football fans will continue to mourn the loss of rational perspective.

  29. Did Wells hurt his reputation? Yes. Was it defamatory? Not really.

    It would be tough to prove.

    I don’t think Brady is worried about perjury, but I do think he just wants to play and be exonerated from connection with the deflation. If Brady gets that he won’t be suing further, and I don’t think he can really sue for defamation if the decision doesn’t go his way. That would be a waste of time.

    Both sides should consider not appealing also. It’s also a waste of time.

    If the judge decides for the NFL then Brady can claim he didn’t do anything wrong forever and take his lumps because there is no real choice.

    If the Judge decides for Brady, the NFL should accept it and move on in exchange for Kraft not doing anything to try and reverse the Patriots fines based on the ruling.

  30. If Tom Brady has nothing to hide? Why would it be a mistake to file a lawsuit against ESPN and the NFL? The erroneous report by Marty Mortenson of ESPN was most damaging of all.

    Winning a defamation case against these two sister corporation would help exonerate Brady in the public eye. Brady has everything to gain and nothing to lose at this point.

  31. It’s not Ted Wells who should be sued, its Roger Goodell Troy Vincent Mike Kensil and the NFL league office. They leaked false information to ESPN twice to damage Brady”s reputation. That is textbook defamation.

  32. The NFL offices have a lot more to hide, and to lose than does Brady. Also, he would be doing every person that has even a mild interest in the NFL a huge favor.

  33. I understand your point Mike, but the defamation IS there. The NFL leaked false information that they KNEW was false. That’s malicious as well.

  34. “He must show not only that the statements made about him were false, but that the statements were made with knowledge that they were false or reckless disregard as to their truth or falsity.”
    ————————————————————–
    This is exactly what has happened in this case, starting with the initial false reporting from the league office, their refusal to correct it for months despite knowing it was false the first day, to Goodell’s false statements about Brady’s testimony, to the NFL telling Brady they did not need his phone, but then punishing him when he destroyed it.

    I’d file that $500 million suit and let the chips fall where they may.

  35. Hhmmm…

    The owners may be able to escape with this inflation gate mess by admitting NFL headquarters misunderstood the “Ideal Gas Law”, thereby saying the drop in pressure was a natural occurrence .

    Result would be canceling all penalties (including to the Patriot club), allow Goodell to “resign” for personal reasons, and hope it all goes away.

    Goodell and his pose have much bigger problems now that the “bell has been rung”. I see legal action for this bunch, either criminal or civil.

    I don’t see them walking away.

  36. I’m not sure why you buried the mention of the standard of proof for a defamation suit brought on by Brady late in this article; that should be the primary reason for him to not take such action. It seems pretty clear from the start of all this that the NFL (and by extension, Wells) has believed in the guilt of the Patriots, likely through their own ignorance. And truth be told, it’s a somewhat reasonable ignorance. Certain NFL people were tipped to possible deflated footballs, and then found out that Patriot footballs WERE INDEED deflated in the Colt game (their ignorance being regarding the natural ways that could happen), and they have proceeded accordingly ever since.

  37. Agree 100% but as a super rich guy he could always pay someone to look into Ted Wells life, find some dirt and release it anonymously online.

  38. It’s enough that someone else has filed suit, though I do wonder: “is there such a thing as a class action defamation lawsuit?” I’d be willing to wager there are more victims out there who would be willing to join it.

  39. plus the nfl would probably trot out counter-evidence, like it’s the first time his jersey led nfl sales.

    it’s probly a suit he could win, if he could tolerate the invasion of privacy it would entail.

    the fact it even appears here as a discussion point underscores that the nfl has obviously trampled brady’s reputation in its zeal to defend its own indefensible actions.

  40. Awful that Goodell, Kensil, and really the whole league office can go after Brady and drag his name and reputation through the mud, smear him in court of public opinion, and get away with it. I hope karma pays them back in a big way! I would love to read a lot of “resignation for personal reasons” letters coming from them in the very near future. They are terrible human beings!

  41. That being said, an agreement NOT to file a defamation case certainly should be a bargaining chip in the current settlement talks.

  42. A defamation lawsuit would absolutely require Brady to turn over all his text messages and phone records and the like. I’m not sure he wants to do that.

  43. I will say this again – Were there any deflated footballs?

    If I were Brady I would go to Kraft and let him know I will be retiring. Screw the NFL at this point. Kraft and the other owners that let this blowhard have so much control should have it hit hard where it matters – the checkbook. Brady retiring would put the Patriots in a massive downward spiral and in 2-3 years they wouldn’t be selling out again. Kraft and the other owners need to take a lot of power away from Goodell. So far we have seen a botched inquiry in the Ray Rice case, downright questionable appeals process and the trashing of one of the leagues stars. (And I can’t stand Brady and the Pats – I am a fan of the NFL).

    Give us some FACTS about deflated footballs. I hope the judge HAMMERS the league on this fact. Give me some PROOF about any deflated footballs. If not? MAKE THIS GO AWAY!!!!!

  44. Lets be clear. In the week before the SuperBowl, the NFL leaked lies to their minions in the press. These lies created havoc within the Patriots organization. It can be argued that the NFL was attempting to manipulate the outcome of the SuperBowl by creating this chaos. Why hasn’t the legitimate media framed the question to Goodell….”Was the NFL attempting to influence the SuperBowl using league leaked lies?”

  45. Pats didn’t tamper with the balls.

    If they had cheated for years on something nobody cared,
    How is it possible that million dollar investigation could not find any hard evidence, not even a single text message?
    How is it possible that McNally had to worry about not getting signed gift from brady?

    This also proves that “deflator ” can’t possibly mean deflating footballs.

  46. BIGGER Mistake not to sue.

    Easily a BILLION Dollar Defamation Lawsuit and perfect timing since Brady already conquered the game on the field.

    Now go after those Owners that started this, and END it with their money in your pocket Tom.

  47. So much for Brady suing the pants off the NFL. What a sobering thought when reality slaps you up side the head.

    Not one of the fans clamoring for a defamation suit has been involved in that type of litigation. Now perhaps, they’ll shut up about it, though I doubt it.

  48. Or, more likely, he doesn’t have a case because he’s actually guilty. But this makes a good cover story.

  49. Tom would be smart to take his medicine and let this blow over. The longer he makes a fuss the more the rest of the nation becomes convinced that he really is a cheater.

  50. Seems unfair that a law firm and a corrupt NFL can lie about someone, smear their name and reputation and be able to get away with it. And before all the Tom Brady trolls jump on this with their snarky comments – just remember this: it can very easily happen to your team. Goodell gets away with this now and there is no telling when he would stop.

  51. Why file defamation when the league already has lost this case. It would just waste more of Brady’s time.

    The NFL has shown itself to be the dishonest party in this issue.

  52. This whole thing reeks of defecation, not defamation. Taxpayer dollars are being wasted because a certain someone couldn’t admit wrongdoing from the beginning and everyone sides with him because blind hatred for the league has been trending for awhile. #whatashame

  53. If he had nothing to hide, there would be no need to destroy the phone.

    the only question right now is – what was there on the phone? Evidence of deflated balls? Other kinds of cheating? Or just personal impropriety?

    Given that he’s married to Giselle and seems to have a happy life there, and given that we have OTHER text messages already between the equipment guys talking all kinds of stuff about deflation, deflated balls, etc. . .

    Occam’s Razor. The simplest answer is most often correct.

    i.e. there was evidence of the ball deflation cheating scheme on the phone. That is the simplest answer to any common sense person.

    Before the Pats mafia chimes in, no, the ideal gas law doesn’t not explain the deflation of the balls as the Colts balls would have dropped a commensurate ammount of PSI in the conditions. Its called a control case.

  54. I think he has better things to do than get involved in time-consuming defamation litigation. And it’s true that it’s very hard to win those kinds of lawsuits. Just not worth his time.

    Unfortunately, due to the water-carriers at ESPN and NFL Network, people already believe he’s guilty of some massive, long-running scheme. It’s another convenient means to explain away all of the Patriots’ success. He’ll never convince the asterisk-attaching morons of anything. The facts certainly haven’t changed their minds.

  55. Of course Brady will continue to clear his name and that will include defamation suits against the NFL and ESPN. It will difficult for NFL lawyers to argue that Brady’s suit is motivated by greed given the fact that Tom Brady plays MVP level championship football at a discounted salary vs his inferior peers. Brady will sue because he believes the league has intentionally manufactured a smear campaign against him…..And they have. ESPN will settle immediately because they cannot risk open discovery that uncovers the NFL/ESPN complicity. What player will trust them

  56. Just like in 2007. The NFL thought a 19 and 0 season would have mocked Spygate, so it had Matt Walsh concoct some fantasy about a walk through tape just 2 days before the Super Bowl and that hung over the players.

  57. Most significant is that all emails/communications – including those of the ball boys, Kraft – are subject to subpoena, and his destruction of same could lead to inference of spoliation. Does he really want to open that can?

  58. I have to laugh whenever I hear anyone say “he should just take his medicine”. And usually they say it in the terms of so this can all be over. For you this might just be an overplayed story getting in the way of football…. For Brady its four games, One fourth of the things he spends his entire year preparing for.

    And even if he wasn’t ultra competitive an all about football it would be nearly a 1/4 of his salary. So if someone in upper management makes a completely false accusation against you, that would take away a fourth of your salary would you just0 “take your medicine” to move on from the controversy.

  59. .
    Let the case in front of Judge Berman run its course before making any decisions going forward. Although speculation on what actions he may take are rampant, no one really knows but him. He may ask for, and release, all of Ted Wells notes on the case. Some action, such as that, would undoubtedly change the landscape.
    .

  60. bottom line is this:

    if Brady did have the balls messed with and I’m not saying he did the fact remains that Brady had NO knowledge of the penalty for tampering with equipment as this is mentioned in the Game Day Ops Manual which is NOT given to the players…..and the NFL admitted that they have NO direct knowledge that Tom knew anything about the balls and the NFL cannot even say with 100% accuracy that the balls were messed with in the 1st place….what a JOKE the NFL has become!!!

  61. The Pats were so much cooler when they were owned by Victor Kiam.

    (I still remember his commercial for Remington shavers…where he said he liked them so much, he bought the company.)

  62. I would like to know if Kensil was instructed to lie about the 11-of-12 balls, or if he did it on his own to try to force the Patriots into something. I would like to know why the league claims attorney client privilege over the findings of a supposedly independent investigator, and why it had its own lawyers edit the Wells report before it was released. And I would like to see the earlier drafts of the Wells report, Exponent’s work, and the investigation notes.

    It does not have to be defamation. It can be any number of other things, including fraud. The CBA can also be dealt with.

  63. “Also, because Brady is a public figure, a higher standard applies to him. He must show not only that the statements made about him were false, but that the statements were made with knowledge that they were false or with reckless disregard as to their truth or falsity.”

    This supposed “high bar” is rather easy Mike. Simply subpoena the malicious source (who has already been identified) that leaked the grossly exaggerated psi numbers to Chrus Mortensen and who REASSURED Mortensen that the damaging information was accurate.

  64. onlysane1intheroom says:
    Aug 17, 2015 7:46 AM
    I understand your point Mike, but the defamation IS there. The NFL leaked false information that they KNEW was false. That’s malicious as well.

    ______________________

    Why the thumbs down on this post. Every word of it is true. Haters – man, open your eyes!!

  65. Yeah, I think the case for defemation is there, but not for the Wells report and resulting stuff.

    I think the leaks, which have been shown to be false, could lead to a successful defamation lawsuit. At the very least, TB(and the Pats if they joined) could force through discovery who the leaker was.

    At this point, I think it comes down to how this ends. If the NFL doesn’t make the smart play and back down, I think TB’s side might ramp things up. I mean, they have nothing to lose at this point.

  66. Why would Brady possibly care about that anyway? He wants the suspension to go away, the commissioner’s office is his enemy here. Ted Wells is just somebody else’s stooge.

  67. flaccotoboldin says:

    Before the Pats mafia chimes in, no, the ideal gas law doesn’t not explain the deflation of the balls as the Colts balls would have dropped a commensurate amount of PSI in the conditions. Its called a control case.

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

    mafia chiming in, the problem is there was no control case. nothing written down on what the balls were prior to the game, no temperature recordings, and then during the half, they could not even tell us affirmatively which gauge they used, and then was the gauge calibrated.

    with respect to the phone, Brady gave them the records which were 10,000 messages to 28 people. But as you should infer by the NFL saying they had no time to trace the messages, (to 28 people). So really how much did they really want to prove there was a conspiracy to deflate balls?

    Reality is 11 out of 12 two pounds under BS leak, no desire for the phones until the Ideal Gas law showed there was no deflation points to a witch hunt.

    But, haters will read above and just continue to ignore.

    Truly can’t wait until their team is up.

    I apologize again to Saints fans.

  68. Here’s the problem. When a compulsive liar and cheater tries to open a defamation case, he runs the risk of the whole world finding out what everyone in the world, outside of New England, already knows. That he IS a compulsive liar and a cheater. Cheers New England! Stay classy!

  69. Maybe I missed something but has Brady actually filed a defamation suit? The recent motion by the NFLPA legal team (not Brady’s personal attorney) may look like he is spoiling for a fight but the ramped up rhetoric is part of the larger legal battle between the NFLPA and the NFL. “Sourced” rumors indicate a few owners are whispering in Goodell’s ear to stick to his guns. If the names of those owners ever surface it could get interesting. The odds of exposure are pretty good considering the NFL’s track record. Fans may be shocked to learn that some owners consider their fan base to be chumps (read: Baltimore Colts). That apple has not fallen far from the tree. This fiasco will end. It will then be high time for real football fans to focus their righteous indignation where it belongs.

  70. The Patriots in general have a pretty good case for defamation, but they actually have class and integrity, and care about the league, unlike those in the league office, so they have already taken the high road and tried to put all of this BS behind them, but Emperor Goodell just won’t let it drop.

  71. Brady might not be inclined to sue… but that doesn’t mean the ball boys won’t be. 🙂

    There’s an excellent reason why they’ve been quiet during this whole thing. 🙂 Can you say lawyered up? Yes you can. 🙂

  72. pjkoo says:
    Aug 17, 2015 7:39 AM

    If Tom Brady has nothing to hide? Why would it be a mistake to file a lawsuit against ESPN and the NFL? The erroneous report by Marty Mortenson of ESPN was most damaging of all.

    Winning a defamation case against these two sister corporation would help exonerate Brady in the public eye. Brady has everything to gain and nothing to lose at this point.

    ————–

    Having deflategate be national news is not good for Brady either. A Defamation suit is essentially just a cash grab and won’t make anyone think any better of him if he wins. I don’t think he cares about that, he just wants to be on the field.

  73. I love the hate for Brady. Consider for a moment that he did nothing wrong. Why would he not fight for every inch? If you dont like it dont read about it, post about it. Go get a hobby that enriches and fulfills you.

  74. billybarrule says:
    Aug 17, 2015 9:23 AM

    Most significant is that all emails/communications – including those of the ball boys, Kraft – are subject to subpoena, and his destruction of same could lead to inference of spoliation. Does he really want to open that can?

    ————

    All the texts and emails of all team employees were already searched as part of deflategate. Not something the NFL likes to point out, but even BBs emails and texts were searched. He submitted his phone. That’s why Kraft and BB were not implicated. That would include any emails and texts to and from Brady. Brady already destroyed his phone. There’s no new electronic info that could come out. Only witness testimony could get him and if he was worried about that I don’t know if he would have taken it this far.

    Mainly, a new lawsuit would open Brady up to the NFL trying to turn him into the bad guy for the foreseeable future. It’s not worth it.

  75. couchbasher says:
    Aug 17, 2015 2:02 AM

    I’m beginning to wish Brady would go away. But, I’m very curious to see how he and the Pats play with a fully inflated ball in bad weather.

    ———–

    You mean like in the second half of the AFC championship game and in every road game. I would suggest pretty well based on past history.

  76. The irony about this is that Ted Wells ,Roger Goodell and his minions and several media people have defamed themselves and dinged their own reputations already as a result of what they have tried to pull.

  77. This is classic defamation. Florios points illustrate defamation. He should sue Goodell, Wells, Pash, Nash, Kensil, and Vincent all for defamation as they have all made blatantly and malicious knowingly to tarnish his reputation.

    They blatantly told lies they knew werent true.

    Goodell even said it himself that his public statements dont have to be true. Thats the definition of telling a known lie to prove what a tough guy he is. In reality he is a compulsive liar and he has lied over and over and over again to damage Brady.

  78. Before the Pats mafia chimes in, no, the ideal gas law doesn’t not explain the deflation of the balls as the Colts balls would have dropped a commensurate ammount of PSI in the conditions. Its called a control case.

    ++++++++++++++++++++++++

    I am a Patriots fan, certainly not a Mafia but when people like you make statements like this one thing pops into my mind. 3/4 Colts footballs were also under the required PSI and…

    No explanation has ever been made as to why they were below the pressure.

    No subsequent actions against the Colts.

    It took (allegedly) an old man 90 seconds in a bathroom to deflate 12 balls accurately yet the NFL with multiple personal available… ran out of time to check the rest of them at halftime… laughable.

    I dont think Brady will file any defamation charges I think Mike Florio is correct the invasion of his private life flies in the face of the man he is but let us also not forget that is a two way street, his side could invade Goodells, Pash, Wells and Vincent and maybe certain NFL owners too (I wonder how the Colts Irsay would like his private life plastered all over a case like this).

    Most balanced people want this over with and the balance of public opinion sides with Brady now many truths have been made public and the disgusting behaviour of the NFL has been documented.

  79. We all want to see how corrupt Goodell Wells and the entire league office is.

    Lets see what Goodell is hiding. And Kessler will destroy the NFL in court just like he did last Wednesday.

    Sepp Blatter = Roger Goodell. 2 corrupt losers that lie and are drunk with power and overestimate their importance

  80. couchbasher says:
    Aug 17, 2015 2:02 AM
    I’m beginning to wish Brady would go away. But, I’m very curious to see how he and the Pats play with a fully inflated ball in bad weather.

    Uh, how about the 2nd half of the AFC championship game. You might want to check out the stats on that and then maybe your curiosity will be satisfied.

  81. bullcharger says: Aug 17, 2015 10:05 AM

    pjkoo says:
    Aug 17, 2015 7:39 AM

    If Tom Brady has nothing to hide? Why would it be a mistake to file a lawsuit against ESPN and the NFL? The erroneous report by Marty Mortenson of ESPN was most damaging of all.

    Winning a defamation case against these two sister corporation would help exonerate Brady in the public eye. Brady has everything to gain and nothing to lose at this point.

    ————–

    Having deflategate be national news is not good for Brady either. A Defamation suit is essentially just a cash grab and won’t make anyone think any better of him if he wins. I don’t think he cares about that, he just wants to be on the field.

    —-

    He can easily address that by saying all profits from the lawsuit will be donated to the families of NFL concussion victims or another high profile charity. 🙂 That will make his intentions known to all.

  82. bullcharger says:
    Aug 17, 2015 10:13 AM

    billybarrule says:
    Aug 17, 2015 9:23 AM

    Most significant is that all emails/communications – including those of the ball boys, Kraft – are subject to subpoena, and his destruction of same could lead to inference of spoliation. Does he really want to open that can?

    ————

    All the texts and emails of all team employees were already searched as part of deflategate. Not something the NFL likes to point out, but even BBs emails and texts were searched. He submitted his phone. That’s why Kraft and BB were not implicated. That would include any emails and texts to and from Brady. Brady already destroyed his phone. There’s no new electronic info that could come out. Only witness testimony could get him and if he was worried about that I don’t know if he would have taken it this far.

    Mainly, a new lawsuit would open Brady up to the NFL trying to turn him into the bad guy for the foreseeable future. It’s not worth it.
    ——————————–

    Yep, all of those texts and emails have already been searched. If the NFL had found any damning evidence, they would have leaked it from the rooftops, included it in the Wells Report, and Emperor Goodell would have called them to testify at the appeals hearing.

    The absolute lack of any information from those two guys speaks more to the fact that they didn’t do anything wrong, rather than some conspiracy by the Patriots to keep them silent.

  83. The REAL question is… was the lie about 11 of 12 an attempt by the NFL front office to distract the AFC Champions leading up to the Super Bowl and manipulate the result of the game?

    Perhaps because a few very large Super Bowl bets were made on the Seahawks by NFL employees?

    If Brady does sue… and the 11 of 12 question is asked in a trial… let’s just say a few people will start squirming very uncomfortably.

    That would rock the sports world like it’s never been rocked before. UH OH! 🙂

  84. How’s Brady gonna support a defamation case with all the broken phones but one his assistant customarily destroys.

    To the holiday inn lawyers, you need a reputation first before you can collect damages for a destroyed one.

  85. “The Pats were so much cooler when they were owned by Victor Kiam.”

    Translates to “The Pats were much easier to beat when Kiam owned the team so my team wasn’t constantly humiliated by them.”

  86. Please someone help me understand their thought process here. McNally is the deflator and deflates footballs pregame in the bathroom. I’ve heard this mentioned 1000 times.

    Why is there zero evidence of McNally going into the bathroom with footballs prior to other Patriots home games? Wells absolutely requested the tapes from prior games, even likely looking back years. If you believe this scheme to deflate balls in the bathroom existed for years, why is there no video footage of this? Why were the balls pumped up to 16 psi in the Jets game and why did Jastremski say they were supposed to be inflated to 13 psi? Had he deflated them they would have been well below 16 or 13 psi, so he obviously didn’t.

    Why do I KNOW that not one hater will even acknowledge this post?

  87. A lawsuit against Goodell and the NFL along with one against Wells and his cronies would produce one thing: it would increase the unhappiness and level of displeasure among the NFL owners who were not involved behind the scenes in getting the NFL to go after the Patriots and Brady.

    By prolonging this debacle which was generated by the Ravens, Jets, and the Colts (keep in mind they had the Patriots’ ball for enough time to doctor it to set up the first step of the scam), this debacle will stay on the front page and detract from the media coverage for the rest of the NFL teams. Thus, giving NFL owners more grounds to be unhappy with Goodell and his minions of Jets employees hiding out in the NFL offices.

    Of course this will only happen if Goodell and Wells witchhunt has pissed-off Brady enough that he is willing to throw away 10-15 million dollars trying to publicly deficate on Wells and Goodell in return.

    There are a lot of top shyster law firms who would jump at this chance to sue Goodell, NFL, and Wells for that kind of upfront money and a chunk of the damages.

  88. Just as long as the world now knows that Goodell fabricated this entire scandal

    The only way they can even assert the footballs are deflated is by:

    #1. Ignoring the Laws of Physics – specifically that cold air, exacerbated by cold rain, will naturally deflate anything

    #2. and by having Wells/Goodell just arbitrarily “assume” that Walt Anderson suddenly developed early onset Alzheimer’s when it came to remembering which gauge he used

    Remember that folks – Anderson states he didn’t write down the PSI in the first place. Wells and Goodell take his word as Gospel on reciting FROM MEMORY the PSI values of 24 individual footballs… they readily accept that the man has an EXTRAORDINARY MEMORY

    But when Mr. Anderson stated that he used the guague that proved there was no unusual deflation?

    Ted Wells just aribitrarily says, “Well, his memory is suddenly suspect, so we’ll just assume the opposite”

    Only the most obsessed, jealous and gullible Haters now believe ANYTHING happened in that game (which describes most of the above commenters)

    Everyone else, having seen from the transcripts that Goodell wanted to keep secret, that Goodell and the Owners have been feeding them lies, leaks, and misinformation all along.

    This is Roger Goodell and the Owner’s Watergate. The crime is bad – but the depths of their cover up is much much worse.

  89. straightfactshomie says:
    Aug 17, 2015 10:49 AM

    Please someone help me understand their thought process here. McNally is the deflator and deflates footballs pregame in the bathroom. I’ve heard this mentioned 1000 times.

    Why is there zero evidence of McNally going into the bathroom with footballs prior to other Patriots home games? Wells absolutely requested the tapes from prior games, even likely looking back years. If you believe this scheme to deflate balls in the bathroom existed for years, why is there no video footage of this? Why were the balls pumped up to 16 psi in the Jets game and why did Jastremski say they were supposed to be inflated to 13 psi? Had he deflated them they would have been well below 16 or 13 psi, so he obviously didn’t.

    Why do I KNOW that not one hater will even acknowledge this post?

    It has been mentioned, at some point, that the footage for the cameras is only saved for a couple of weeks.

    The Hater Faithful and the NFL can’t rationally respond to the fact that Tom Brady was pissed that the footballs in that Jets game, again with the Jets, were over-inflated by 2.5PSI above regulation. It doesn’t fit in with their cheater agenda.

    They also have no response to the information that Tom Brady told Jastremski to print out a page of the rule book to show the refs what the proper inflation level of a football is supposed to be. That doesn’t fit into their cheater agenda either.

    The Hater Faithful doesn’t rely on facts and common sense, as they have neither to back up their delusional claims.

  90. Why isn’t Robert Kraft doing something to stop the behavior that actually lead us to this point about DeflateGate?

    Seriously, if the Patri*ts prior reputation wasn’t that of a cheater who would believe DeflateGate would have progressed this far?

    The old saying remains true… “Where there’s smoke, there’s fire.”

  91. Brady can choose to protect his privacy or correct the injustice done to him. He could choose to bring down Goodell and his minions to stop the abuse of power and position against him and other players in the future. Money is probably not a huge factor for Brady since he demonstrated through his contracts with the Patriots that he is not solely motivated by money.

    His privacy is already breached. It almost jeopardized his friendship with Peyton, he’s been ridiculed for his choice of mundane thing as pool cover and clothes shopping. Brady would probably let those slide but if Goodell insists on intimidating him and being tyrannical in dealing with him then he will push back. Any person have his boiling point. With what what we see about Brady’s character on the field, we know right now that he is exercising great restraint against Goodell and the NFL. The man is not guilty. The NFL concede that. The table could be turned against the NFL, Goodell and ESPN to stop the insanity once and for all. The ball boys and Brady might just be bothered to sue them.

  92. sbaltimore,

    The exploding sound your hear is Harbough’s head trying to figure out the difference between an eligible vs. an ineligible receiver, as well as trying to figure out the difference between kicking balls and game balls.

  93. “…Throw in the possibility that Brady may say something under oath during his defamation case that could conflict with something he previously said under oath during his appeal hearing and the potential criminal consequences of such a contradiction, he’s better off taking the high road and moving on…”

    What? Are you suggesting that Brady did/is/or would lie under oath to protect his legacy?

  94. Obviously any decision about a defamation suit would incorporate knowledge about the reality of the situation that those of us outside of it have no access to. If Brady has nothing to fear from discovery claims, he might well decide to go for a defamation suit. Yes, he has a higher standard of proof than a non-public figure would have, but I think it would not be hard to show malice on the part of the NFL.

    All of the people hating on Brady here only serve to show just how much damage has been done by a campaign based on lies. It’s sad but true that most of the public doesn’t care for the fine details of what is actually true, not when they have tiny, irrelevant details that they can seize upon. People who say things like “legacy of cheating” are doing little more than believing their own stories.

    For Brady, there may be alternative ways to rebuilding his image that would be more under his control. With his friends in the entertainment industry, it would be pretty easy for him to put together a comprehensive documentary film about the entire scandal. That could be a more attractive path to take, as it would avoid the legal headaches. And it’s not like he’d really need the money.

    The question is which path would be more likely to be fruitful.

    Jastremski and McNally might have a different choice, though. Wrongful termination, defamation of character…they both have good cases to make. And if they’re going to be suspended for eternity, they’re likely going to have to sue just to be able to return to work.

  95. mmack66 & straightfactshomie ;
    You said;
    >>Why is there zero evidence of McNally going into the bathroom with footballs prior to other Patriots home games? Wells absolutely requested the tapes from prior games, even likely looking back years. If you believe this scheme to deflate balls in the bathroom existed for years, why is there no video footage of this?<>Patriots personnel explained that the footage captured by security cameras in Gillette Stadium is
    overwritten every 10 days as a regular practice. We were, therefore, unable to review footage filmed during prior Patriots home games, which may have proved useful.<<

    The fact that someone said the footballs from the Jets game were 16 psi is hearsay, there is no record of anyone testing those footballs…so there is no evidence that can be used to say that they were overinflated !!!

  96. From Footnote 4 on Page 29 of the Wells report;
    >>Patriots personnel explained that the footage captured by security cameras in Gillette Stadium is
    overwritten every 10 days as a regular practice. We were, therefore, unable to review footage filmed during prior Patriots home games, which may have proved useful.<<

  97. Brady would never sue for anything…he was his own worst enemy…he gave testimony that in the face of others testimony and other evidence was NOT DEEMED CREDIBLE…
    He refused multiple requests to turn over investigation related evidence (not a phone)…
    He, on the very day he was deposed by the league, destroyed the phone containing the evidence so it could NEVER BE RECOVERED…
    Then he posts a facebook statement when his suspension is upheld full of lies and distortions…using carefully selected words to make people think he has fully cooperated, when in fact he has not !!!
    He also says that there is no evidence against him, how convenient that he destroyed it !!!

  98. Tom Brady is responsible for his own actions. The fans that want to hang spygate and other delusions on him don’t seem to realize he is not the Patriots.

    The NFL went after a guy whose DNA is competitive. His friends in the media want him to act on their advice instead of his nature. Tom, they are not your friends. Don’t stop until your accusers and their cohorts in the media are revealed for who they really are.

  99. “”The fact that someone said the footballs from the Jets game were 16 psi is hearsay, there is no record of anyone testing those footballs…so there is no evidence that can be used to say that they were overinflated !!!””
    —————————————————————
    There is no record that Walt Anderson actually measured footballs prior to the AFC Championship game either….more hearsay yet you accept it. That’s convenient
    We are aware that the NFL selectively accepted some of Anderson’s memory recollections of PSI but rejected other memory recollections…..those recollections that didn’t advance the NFL’s scripted “independent” investigation.

  100. Everyone is saying Brady will never file a defamation suit.

    But then they said he would never take this to court in the first place. And when he did, they said he will never win. Now that it’s looking a lot more likely that he WILL win, they’re saying he’ll never file a defamation suit.

    How about we wait and see before spouting off? Brady likes to win.

  101. Simple logic: an acceptable explanation should not lead to something that is highly impossible.

    “Deflator ” can’t possibly mean deflating footballs, as it implies pats had cheated for years ON SOMETHING NOBODY CARED.

    If so, how is it possible that million dollar investigation could not find any hard evidence, not even a single text message between brady and mcnally?

    If so, how is it possible that McNally had to worry about not getting signed gift from brady?

  102. Why isn’t Robert Kraft doing something to stop the behavior that actually lead us to this point about DeflateGate?

    —-
    I’m sure he tried to get Goodell to stop the witch hunt, but it didn’t work. He even waived his right to appealing the team penalty, in the hope that Goodell would back off against Brady. Instead, Goodell continued with the smear campaign.

    Seriously, if the Patri*ts prior reputation wasn’t that of a cheater who would believe DeflateGate would have progressed this far?


    Well, sure, they made a convenient target. Somehow when a Jets’ employee tampered with a football a couple years ago, none of this circus happened.
    —-

    The old saying remains true… “Where there’s smoke, there’s fire.”


    Funny how often lynch mobs rely on that line of thinking.

    When there is science showing there’s no evidence of tampering, there’s no evidence of tampering. What a person said in a text message eight months prior just is not relevant.

    We’ve yet to be graced with a coherent theory of the offense by the NFL that explains exactly what they think happened and why they think their evidence proves their theory. Instead we’ve been treated to buzzwords, trial by repeating key phrases, and the abuse of power which has allowed them to make “findings” that are simply unsupported by the facts.

    This entire debacle has been trial by PR, not a trial by evidence.

  103. defscottyb says:
    Aug 17, 2015 11:46 AM
    The New England team is going to suck once Tom retires.

    _______________________

    Not as long as Belicheat is there. He will bend and break the rules to suit him and screw the integrity of the league.

    He’s a proven liar as are Shady and Krafty. Ban them all!

  104. This would also open up the NFL investigation of illegal radio signals used in Foxboro. I wonder if they’ll call Flutie to testify as to what he heard in Tom’s helmet.

  105. couchbasher says:
    Aug 17, 2015 2:02 AM
    I’m beginning to wish Brady would go away. But, I’m very curious to see how he and the Pats play with a fully inflated ball in bad weather….

    I guess you have missed at least the last 14 seasons of football, including last season’s AFCCG so let me catch you up quickly on the end of last season.

    1. The Patriots footballs were slightly deflated by the laws of nature in the first half of the game, so NFL officials re-inflated their footballs at half-time.
    2. The Colts footballs were slightly deflated in the first half of the game, almost certainly due to cheating by Ryan Grigson, Chuck Pagano, Andrew Luck and the Colts equipment people – yet the NFL officials chose not to re-inflate the Colts footballs at half-time.
    3. The Patriots, with fully inflated footballs according to NFL officials, outscored the cheating Colts 28-0 in the 2nd half of the AFCCG.
    4. The Patriots played the Seahawks in the Super Bowl, and using footballs entirely under the control of NFL officials the Greatest QB of All-Time, Tom Brady, led the Patriots to a 28-24 victory.

    We are sorry you missed watching the last 14 seasons of NFL football. You have missed seeing the reatest dynasty in NFL history, the New England Patriots, led by the Greatest Head Coach in NFL History and the Greatest QB in NFL History kick butt using fully inflated footballs even while teams like the Colts cheat in the AFCCG with under-inflated footballs.

  106. Another hater is questioning the courage of a quarterback that has stood in the pocket for 15 years while 300 pound men try to plant him into the ground.

    Try another attack. That dog don’t hunt.

  107. Junky on: have you actually read any articles on this, or even the appeal? The appeal Goodell wanted sealed because it was proof of his lies, or just read headlines, even the Judge asked the NFL if there was any evidence, they said NO.
    Maybe he should Sue you for calling him a coward, but, that would mean you would actually have to have any financial worth. Doubt that very much.

  108. Every NFL Player should be standing with Brady.

    If Owners are willingly paying $44 million to a corrupt Commissioner doing the will of corrupt Owners then NO ONE is SAFE.

    What happens to Brady = Happens to ALL Players

    Time for the NFLPA to take down the Nero & the NYC Office.

  109. You know who else sued everyone for “defamation of character” with disastrous results exposing them as the cheaters they are? Lance Armstrong, Alex Rodriguez, and Ryan Braun.

  110. A defamation case would just make Tom Brady look small and vindictive just like the mob of people who are foaming at the mouth for him to sue Goodell to kingdom come.

  111. The really big case will come during the FBI investigation into false leaks after the AFCCG that were made with the intent to distract the Patriots and to allow people in the NFL front office to reap massive cash rewards by betting on the Seahawks.

    Yes, they intended to throw the Super Bowl. They failed in influencing the game, but the attempt alone is a threat to the integrity of the sport.

  112. Ehhh….This opinion is pretty much universal from every attorney I have heard. I don’t see Brady filing a defamation suit. The only upside is the potential to embarrass the NFL front office which Brady could do with a suit win or lose. I think he is too serious of a football player to get distracted like that however. On the other hand, I could easily see Kraft filing a suit against Wells for fraud. As one of the 32 he effectively paid a share of Wells’ fee for an investigation that was garbage and as a participant in said investigation he did not get the independence he was paying for or expecting or promised. There is something there and I think Kraft could take that shot at Goodell.

  113. defscottyb says:

    The New England team is going to suck once Tom retires.

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

    so you admit his greatness?

    you maybe correct that the team does not do as well once he is gone, and more realistically if Belichick is gone as well.

    But, good ownership does have continuity for winning.

    look at the cowboys and the Steelers, different coaches and QB’s but still dominant.

    other teams never were able to stay at the top after a few championships namely the Dolphins.

    time will tell, i put my money on Kraft.

  114. thepftpoet2 says:
    Aug 17, 2015 12:27 AM
    If Brady is suspended then A-rod should be too. Both are pretty much the same, statistically and air pressure preference speaking.

    This is a he!! of a lot closer to George Brett than A-Rod. Just sayin!

  115. “Patriots personnel explained that the footage captured by security cameras in Gillette Stadium is
    overwritten every 10 days as a regular practice. We were, therefore, unable to review footage filmed during prior Patriots home games, which may have proved useful.<<

    The fact that someone said the footballs from the Jets game were 16 psi is hearsay, there is no record of anyone testing those footballs…so there is no evidence that can be used to say that they were overinflated !!!"
    10 days would have covered the game the previous week against Baltimore. Let me guess, no bathroom visit? So they decided to pick and choose when they wanted to deflate, and decided the Ravens, a team that has given them problems for years, didn't warrant a deflation, yet the Colts, the team they've pounded by running the football for years, did? I get it, logic doesn't make sense to haters.

    And if the 16 psi text is hearsay, so is EVERY OTHER PIECE OF "EVIDENCE"! You can't claim guilt based off of hearsay and then deny hearsay when it is used against you. Doesn't work that way.

  116. flaccotoboldin says:

    Before the Pats mafia chimes in, no, the ideal gas law doesn’t not explain the deflation of the balls as the Colts balls would have dropped a commensurate amount of PSI in the conditions. Its called a control case.
    ———————————————

    Pats’ were measured at the start of halftime. Colts’ were measured at the end of halftime. Halftime is about 12 minutes. This is significant. A 50F ball brought into a 71-74F room will begin warming up, the warming will in turn increase the pressure.

    Look at figures 21/22 in Exponent’s appendix in Wells’ report to see just how pressure rises over time in the conditions.

    This is why the Colts’ didn’t seem to experience the same drop in pressure.

    Additionally, the Colts’ were 13.0 pregame, while the Pats’ were 12.5psig.

  117. I can see a movie being made years from now titled Field of Schemes. It would be about Tom Brady’s son replacing his corn field (in Iowa) with a football field. Voices would tell him to do so. Then, after completing the field, football players wearing Pats uniforms would come running out of the corn and play football against NY Giants ghosts on the newly sodded field. Of course they would play with deflated balls and know the Giant’s defense by heart having filmed it prior to appearing out of the corn. I may be on to something here…

  118. fordmandalay says: Aug 17, 2015 8:13 AM

    Remind me again why I’m supposed to have any sympathy for this smug, arrogant creep?
    _______________________________
    Which one are you talking about, Wells or Goodell?

  119. I think Brady is smart enough to realize the hit his his reputation would take doing something stupid like filing a countersuit. If he’s not perceived as a smug, self-entitled jerk now, he sure will be. And you don’t want that, do you Pats fans?

  120. If Brady is suspended then A-rod should be too. Both are pretty much the same, statistically and air pressure preference speaking.

    _____________________________

    Didn’t A Rod sit for nearly a year? I agree, Brady should sit for a year too!

  121. denverdude7 says:
    Aug 17, 2015 11:19 AM

    Why isn’t Robert Kraft doing something to stop the behavior that actually lead us to this point about DeflateGate?
    ——————————

    Just how is Robert Kraft supposed to stop 31 other owners and an out of control Goodellbot?

    It’s obvious that none of the other owners or anyone in the league office has a shred of integrity, or this witch-hunt would never have gotten started.

  122. massappeal12345 says: If I were Brady, I would employ an army of investigators to dig up, now and into the future, any dirt on Goodell and certain selected owners

    ========

    What’s next in this imaginary conspiracy . . . “Leave the gun. Take the canolli.”?

  123. sbaltimore says:
    Aug 17, 2015 9:30 AM
    “The Pats were so much cooler when they were owned by Victor Kiam.”

    —————————————————
    Kiam was a disaster. The NFL had to loan him money just so the team could make payroll, he hired Rod Rust (1-15) and then Dick MacPherson (8-24) as head coaches, made lewd jokes about a female reporter being sexually harassed in the Patriots’ locker room, and eventually sued the NFL for having blocked his attempts to move the team to Baltimore, San Antonio, and who knows where else.

  124. “Tom could write his own “report”. He could (co-)write a book about the whole experience detailing all the underhanded things done to him and the Pats. And publicize the bejabbers out of it on a book tour after the season.”

    He could (co-)write a book about the whole experience detailing all the underhanded things done by him and the Pats.

    That’s more accurate, and would sell more copies.

  125. swagger52 says: The Judge is going to see the same thing as the rest of us. Shady’s pants are on fire.
    ================================

    If you’d been paying even passing attention, you’d know that the Judge has already publicly mocked the NFL for failing to even show that any scandal occurred

    Keep in Judge Berman isn’t a jaded jealous fan of a team that’s never been to a Super Bowl and thus hates Tom Brady, as most of the negative commenters here seem to be

    He sees the facts of this case (or lack thereof) – and has already said that the NFL hasn’t come close to proving it’s case

    Judge Berman COULD find that the NFL’s case against Brady, while biased and unfair, still technically followed the process outlined in the CBA – but most rational legal experts think he’s going to vacate the decision and possibly admonish the NFL for an abomination of justice

  126. jjzzx says:
    Aug 17, 2015 11:25 AM

    The fact that someone said the footballs from the Jets game were 16 psi is hearsay, there is no record of anyone testing those footballs…so there is no evidence that can be used to say that they were overinflated !!!
    ———————-

    There is a record of Jastremski measuring them. It’s in the Wells Report.

    I’d say that is just as good as the footballs that were “tested” at halftime of the AFCCG. Except for that one that was “weighed” by Kensil and the Colts.

    Besides, there was no evidence regarding the starting pressure of the footballs used in the AFCCG, and the NFL made a Federal case out of natural deflation.

  127. Occam’s Razor. The simplest answer is most often correct.

    i.e. there was evidence of the ball deflation cheating scheme on the phone. That is the simplest answer to any common sense person.
    _________________________________
    BS. The footballs measure within expected parameters for natural deflation. The SIMPLEST answer is that there was never a scheme to manually deflate them. You need to review Occam’s Razor.

  128. flaccotoboldin says:

    Before the Pats mafia chimes in, no, the ideal gas law doesn’t not explain the deflation of the balls as the Colts balls would have dropped a commensurate amount of PSI in the conditions. Its called a control case.
    ___________________________________
    Again, you misunderstand the terms you are attempting to use. A true control sample would reflect an equivocable sample. You can’t sample 4 balls, at different ends of the temporal spectrum, and get results that measure anything comparable.

  129. jjzzx says:
    Aug 17, 2015 11:25 AM

    The fact that someone said the footballs from the Jets game were 16 psi is hearsay, there is no record of anyone testing those footballs…so there is no evidence that can be used to say that they were overinflated !!!

    1. Hearsay is testimony based on the reports of others rather than on the personal knowledge of a witness. JJ sent the following text to his fiancee (you can find it on page 86 of the Wells Report: “I just measured some of the balls. They supposed to be 13 lbs… They were like 16. Felt like bricks.” That’s not hearsay. JJ isn’t reporting what others said. He’s the one who did the testing.

    2. There was no record of the inflation level of the Colts’ or the Patriots’ footballs prior to the start of the AFCCG game. If JJ’s testimony is not evidence, then neither is Walt Anderson’s recollection of the pregame psi levels.

    But, unlike Brady and the NFL, I’m willing to work out a settlement with you. I will agree that JJ’s text message regarding psi levels in the Jets game cannot be used as evidence if you will agree that text messages referring to The Deflator also cannot be used as evidence.

    Do we have a deal?

  130. He should sue the NFL. They leaked the information that tainted public opinion and forever stained his reputation and now they have changed the findings from he probable knew somebody tampered with footballs to he not only knew about it, he directed and it happened and there is ZERO proof of any of that.

    He should gladly turn over anything required to be able to force the league into turning over all their internal communications.

  131. Ted Wells never concluded that Brady was absolutely aware of the incidents. He said that more likely than not that Brady knew. No defamation. Brady’s issue is really with Goodell and not Wells.

  132. I have it on good authority, that the NFL’s known about this for some time but due to Goodell being in Kraft’s pocket let it slide until the other owners got mad.

    Then this off season he went to the Patri*ts and told them they must stop.

    The first couple games showed the results so Brady went back to deflating. Belichick said it was OK (always up for a good cheat) but that Brady would have to fall on the sword should they get caught.

    Even then the league let it go but the last straw was Brady telling the Ravens to learn the rule book. The other owners gave Goodell a choice; stop the Patri*t cheating or get canned.

    Now you see the results.

    Higher PhD

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