Judge Berman takes aim at Brady being “generally aware” in Wednesday’s hearing

AP

Wednesday’s hearing on the Tom Brady suspension in Manhattan doesn’t appear to have gone very well for the NFL.

During the oral argument period for lawyers from both the NFL and NFLPA, Judge Richard Berman focused on the portion of the Wells Report that found Brady was “generally aware” of tampering with footballs by members of the Patriots’ equipment staff.

Tom Curran of CSN New England reports that Berman “nodded vigorously” when NFLPA lawyer Jeffrey Kessler said that “player policies say you can’t be punished for being ‘generally aware,'” and that the judge later said that “general awareness” does not “relate to the Jan. 18 [AFC Championship] game.”

Daniel Kaplan of SportsBusiness Journal adds that Berman called it a “quantum leap” to go from Brady being “generally aware” of ball deflation to NFL Commissioner Roger Goodell’s reference to a “scheme” in his ruling on Brady’s suspension appeal. Berman also took issue with the NFL not making general counsel Jeff Pash available to testify, saying that other cases have been “vacated” over similar issues, and with Goodell comparing the reasons for Brady’s suspension with those for the use of performance-enhancing drugs.

The questioning would seem to be working against the NFL if you’re forecasting how Berman would rule in the case, although he said that there were pros and cons on both sides while again pushing for a settlement.

“There are enough strengths and weaknesses on both sides,” Berman said, via Mike Garafolo of FOX Sports. “That would lead all the more to a settlement. That seems like the logical and rational outcome. It doesn’t mean it’s going to happen.”

NFL attorney Daniel Nash argued that the NFLPA was trying to re-argue the case with Berman as arbitrator, which may be true but may not work out well for the league if Berman continues to find holes in its initial rulings on Brady’s culpability.

219 responses to “Judge Berman takes aim at Brady being “generally aware” in Wednesday’s hearing

  1. Even if he eventually rules for the league, it’s so nice to hear a neutral person in a position of authority ask the same questions I and other Goodell-skeptics have been asking.

  2. I think I speak for most fans when I say we feel that Goodell is out of control. He acts in imperious ways, as if he is Caesar. Hopefully this case will strip him from his total control of discipline and put him him his place.

  3. Goodell is going down in flames. AGAIN.

    Meanwhile the Patriot Haters Hall of Fame include:

    Roger Goodell, Sepp Blatter, and the IOC.

    Worst. Sports Executives. Ever.

  4. Brady cheated, get this over with. Patriots will forever be that team that won while breaking the rules.

  5. Not a Pats fan (Raiders, actually, and still not over the Snow Bowl/Tuck Rule game). I’m not sure why I continue to be shocked by the apparent corruption in the league office. The more I read about this, the more I see that this truly was a witch hunt and smear campaign against Brady and the Pats. It blows my mind that this happened and continues to be carried out by the league.

  6. Berrigan also tore apart the evidence on Bountygate before concluding she was unable to break the CBA. Pats fans are in for a lot of disappointment with this “every Wednesday is we’re-getting-off celebration day” schedule we’ve got going on.

  7. Brady was entitled to a fair process but didn’t receive one from the NFL.

    It looks like Judge Berman has recognized that.

    Long Live Judge Berman! I hope Bob Kraft invites him to the owners box on opening night!

    #Exoneration

  8. Unfortunately for the No Facts League the judge is apparently interested in them rather than misrepresentation. Unlike in the court of public opinion the gang that can’t shoot straight will find it hard to move the goalposts in a court.

  9. Of course he was aware he’s a liar & cheater why would the ball boy let air out without Tommy girl saying to plain and simple keep 4 game suspension move on Brady u chump

  10. The league should immediately cut their loses and offer Brady a $50000 fine for non cooperation and move on if goodell wants to keep his dictatorial powers. Otherwise it it over for him as judge, jury and executioner…. sorry fans of all teams Brady has crushed..BINGO!!! WE WIN AGAIN!

  11. What is the NFL doing? All this to make a bunch of owners happy. Anyone with rationale can see they went to far, now their lies and shiftiness are snowballing. I can’t see any team or player trusting the front office again after this circus. Only cure is can Roger.

  12. Judge Berman also took issue with Goodell halting the proceedings every five minutes to call the cops and check up on his many mansions.

  13. NFL went easy with language on Brady, because they wanted to minimize this issue. Brady won’t accept it what they gave him, and now NFL is making clear what everyone nows:

    The Partiots have been cheating for years!!!!

    The fumbling data does not lie.

    ****

  14. The NFL basically told Berman, testifying unser oath doesnt apply to us just the players when they wouldnt allow Pash to testify under oath. How the Judge cant force that is unfathomable.

    The legal system is a joke

  15. The disgusting part is the stolen draft picks. that makes me sick. i dont understand how the league will explain that at the draft next year.

  16. multiple news sources are reporting that Judge Berman cited at least 3 precedents upon which the appeal could be vacated, including the requirement that arbitration proceeding be fair.

  17. For the haters, the term “quantum leap” means a huge, often sudden, increase or change in something.

    An arbiter that makes a huge, sudden, change in the facts in order to justify his ruling opens himself up to his arbitration award being vacated.

  18. The ball is in the NFL’s court right now. Brady has indicated he’ll settle as long as he does not have to accept the Wells report. The Judge has made it clear to the NFL that he has cause to vacate the suspension….are Goodell and his minions smart enough to give up their ludicrous demands that Brady accept the Wells report and that the NFLPA concede that he has absolute power to do whatever the heck he wants……no, I don’t think they are. The judge said that he would rule before September 4th if this isn’t settled. He’s required Brady and Goodell to be in court on Aug. 31. If there’s no settlement by then, Berman will vacate the suspension; the NFL will appeal making themselves look vindictive and stupid.

  19. “trollaikman8 says:
    Aug 19, 2015 1:27 PM
    willful ignorance is not an excuse.

    -Sean Peyton.”

    Good point. Goodell’s “willful ignorance”of the actual facts is not an excuse.

  20. Yeah…Brady won’t be agreeing to 1 minute of any suspension.

    Go get em CHAMP!

    🙂

  21. Nowhere in the CBA does it say the nfl can release lies and misinformation as fact and then never correct their lies even when its public knowledge they have lied.

    Nowhere in the CBA does it say the nfl can punish someone for being “generally aware”

    Nowhere in the CBA it say the nfl may ignore science such as the ideal gas law and pretend its mumbo jumbo voodoo so they can justify a sanction on a player or team.

    Nowhere in the CBA does it say the nfl may use the measurements from one guage that shows the balls under minimum allowed pressure and ignore the readings from a gauge that shows them within range.

    Nowhere in the CBA does it say the nfl can then use the readings from the gauge they said was not accurate for the Pats because it showed them in the allowed range, and then use that same gauge to claim the Colts balls were within the allowed range and then ignore the readings that showed the Colts balls were also under minimum allowed pressure but used the reading from the gauge for the Pats.

    Ie; nowhere in the CBA does it say the league can lie lie lie lie lie lie to frame a player. In fact there is no question the CBA prohibits unethical conduct from the league executives just as much as it does for the players.

    Goodell must go

  22. birdgang says:
    Aug 19, 2015 1:18 PM
    Brady cheated, get this over with. Patriots will forever be that team that won while breaking the rules.
    _________________________
    The haters ship is sinking, but they continue to hang on even though the facts never did back up their claims.

  23. Its become crystal clear that the nfl has no conrete proof that anything ever happened and the report and process they used to try to prove that something did were very flawed. I am guessing that all the questionble things the league did leading up to this (such as deliberatly leaking false information about the balls) is making them look very bad to the judge.

    The case before the judge is whether or not the league acted properly or not in punishing brady for a “failure to cooperate”. There is no way the judge is going to agree that a 4 game suspension is warranted for that and every day that goes by makes brady’s case stronger.

    If brady did actually put accepting a 1 game suspension for failing to cooperate, the nfl better snap that up. Brady is never going to admit he knew of anything no matter what happened, no one has any concrete proof that he knew and if the nfl is holding out for that, they are going to get whacked big time.

    The only negative for brady here is that the judge clearly wants some type of settlment without having to make a ruling even though he clearly is leaning heavily towards brady’s position. Its going to be interesting just how stupid the league wants to be.

  24. So the judge is threatening to exceed his authority. So what? He has no right to rule on the evidence, only if Brady received a fair hearing under the CBA, which he did.

    Bye Tom.

  25. it all comes down to whether Berman can be convinced Godell came to his conclusions in a reasonable manner, reasonable being a legal standard. This is exactly what article 15 of the CBA states.

    If i am an NFL owner, (not one of the small group) I am calling the other 26 owners and coming up with orders for Godell to follow, independently of course.

  26. Not only did the judge rip the Ginger Hammer and him minions a new one. But he also mentioned not letting the question Pash in the appeal may of been a violation of rules. There folks is his grounds for ruling against the NFL.

  27. Goodell’s choices are to eat humble pie this week or a heaping dish of crow in a couple of weeks if Judge Berman is forced to issue a ruling.

    Smart move would be to vacate the 4-game suspension and fine Brady 2 game checks for obstruction.

    Then, Goodell should pen and submit his resignation letter.

  28. Just an fyi for those haters out there….Berman today that there is absolutely no evidence that Brady was even generally aware of any ball deflation in the AFCCG. He said to make the leap from generally aware to a scheme was beyond ridiculous……this is a man who has heard and read all the facts. Are you all still going to cling to the “he has to be guilty of something” schtick?

  29. you know, I haven’t believed the league from day one. And now, I’m beginning to wonder…

    well, let me put it this way, if enough owners wanted this to go away because the league was looking bad, what would be the best possible way?

    lose in court.
    how?
    by looking like you’re arguing with your hands tied behind your back.

    time will tell. If Brady wins and no appeal is filed, then the NFL purposely played this case to lose.

  30. Jeff Pash was not made available to testify yet Goodell crucified Brady for replacing his phone that Wells did not want. Vacate? Sounds good to me.

  31. kevo95 says:
    Aug 19, 2015 1:20 PM

    Of course he was aware he’s a liar & cheater why would the ball boy let air out without Tommy girl saying to plain and simple keep 4 game suspension move on Brady u chump

    ___

    Ball boy didn’t let the air out. It was science that deflated the balls!!!

    Someday you guys will get it. Or probably not.

  32. what is with Goodell? Power hungry?

    then i remebmer he does nothing without the owners approval, so they must want to punish Pats or Krapft or just Brady for cheating again?

    IDK.

  33. I personally think Brady and the Pats were trying to bend the rules in this situation, like in others.

    I also think the league (other owners) are getting sick of it.

    But I now have to conclude the league screwed up big time (again). They went too far in trying to prove something when the proof apparently wasn’t there.

    Circumstantial evidence is there. I’m still very disturbed that Brady never once sounded or looked innocent.

    And the ball boys fired. And YES – they were fired by the Patriots; the league clearly denied saying they had to be fired.

    And Kraft forfeited a draft choice and paid a huge fine, all but saying he thought that would make he league go easy on Tom.

    Go easy for what – if he did nothing?

    But Brady is likely to skate. Because Goodell is a fool.

  34. It’s time to stop blaming Goodell for the inept way he has handled things since being named commissioner and lay the blame directly at the feet of the owners.

    After reviewing all the blunders Goodell has made through the years in handling of discipline I firmly believe they are puppet masters pulling Goodell’s strings or if you prefer owners remotely controlling the Goodellbot (nod to South Park)

    Tagliabeau the prior commissioner was a strong commissioner who most importantly was a lawyer who would I believe push back on owners who would want him to do something that violated the CBA or the player’s rights. Not the Goodellbot. He will say or do anything his handlers want him to do.

    I wish we meaning the media could shine a light on all the owners controlling their $44 million Goodellbot and start hounding them with questions.

    Better yet I hope and pray that Brady does file a defamation suite and drags Goodell, Vincent, and all the owners to court either as defendants or hostile witnesses to shine a light on this whole sordid affair.

    Oh yea and before one of the trolls get on me for being a delusional Pats fan I’m a Redskins fan. I imagine a huge percentage of commenters here are fans of other teams who feel if the commissioner can railroad a team like New Orleans and New England then no team is safe.

  35. Pats fans are only hearing what they want to from the judge and filtering out the other half. That is why he want a settlement. He is saying that neither party will like his ruling so they may be better off with their own compromise.

  36. ROGER is COOKED like an over done HAM,,,there is NO principal or tenant of law called “GENERALLY AWARE”, I’m sure any judge will tell you that is like,,”SORTA Pregnant” . The NFL attorney already admitted in Open court that they had NO DIRECT evidence brady knew anything. Their refusal to negotiate in good faith is going to lead the judge to dismiss the suspension and leave just the $50,000 fine,With the caveat that the parties are welcome to appeal. The NFL cannot continue to sour the milk, and will have to “EAT IT”. plain and simple.

  37. If Brady was generally aware that the footballs in the championship game were underinflated, why weren’t the refs aware they were underinflated? You know, the refs who had to hold, toss and otherwise handle the ball between every snap?

    And if they were aware, generally speaking, why in the heck didn’t they stop the game and find a ball properly inflated? Or is handling a ball not a very good way to determine air pressure?

    Either the refs knew or they didn’t. If they didn’t then why should Brady have known? If they did, why didn’t they fix them immediately?

  38. The Federal Arbitration Act establishes three grounds for vacatur for an arbitration award. In laymen’s terms, they are:

    1) Evident partiality (e.g., ruling on the law of shop application of cases where the arbitrator was the losing party, like Goodell did with Rice and Peterson)
    2) Arbitrator misconduct (e.g., refusing to hear evidence or testimony material to the controversy, as Goodell did with Pash’s role as co-lead investigator *and* refusing to hear the improper delegation argument prior to the proceedings)
    3) Failure to draw essence from the applicable contract (e.g., making a determination on contract language that no reasonable person would have made)

    NFLPA and Brady have very strong arguments on points 1 and 2. Their only weakness on point 1 is that the CBA’s Article 46 kind-of-sort-of allows for a partial arbitrator by allowing Goodell to serve at his discretion. Regardless of whether or not he is allowed to be partial, though, he *must* conduct a fair and consistent hearing.

    If Berman rules for Brady on points 1 and 2, it will be very hard for an appeals court to overturn the decision, as the evidence is plainly available and very direct.

  39. Anyone else wonder what Goodells bonus will be at the end of the year?

    Horrible handling of the Ray Rice videotape. Witch hunt on Brady and so-called defaulted footballs. Fans that in general dislike Goodell.

    If Kraft doesn’t gather support and end Goodells term then it’s his own fault. Yes the league has made money under Goodell but does anyone else think you could put a trained monkey in charge for a year or two and the league still wouldn’t make gobs of money? The foundation laid out before Goodell got the job is too strong. Goodell is a poor commissioner and should at least have a major part of his power taken away. His kangaroo courts of issuing the punishments and then being the one person to hear an appeal is just stupid at face value.

  40. Ive6 been a huge Colts fan for iver 20yrs and even though I don’t like the Pat’s I’m ready for this to be over with! In that game it wouldn’t have mattered if Brady used a kids football! Colts defense couldn’t get off the field much like in the Manning years! That’s the reason they lost and will continue to do so in the Luck years until this changes. I say get it over with and let’s get on to football! Btw I don’t condone cheating off any kind rather he is innocent or not incase anyone was wondering. Go Colts!

  41. northeastkiller says: Aug 19, 2015 1:20 PM

    Berrigan also tore apart the evidence on Bountygate before concluding she was unable to break the CBA. Pats fans are in for a lot of disappointment with this “every Wednesday is we’re-getting-off celebration day” schedule we’ve got going on.

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

    While I do agree, the judge seems very focused on the issues that Pash was not made available for questioning, which does go against what the CBA has clearly outlined. Also, its very evident based off the tweets that this punishment was not ‘arbitrary or capricious’, also as outlined in the CBA based off the inherent bias the NFL had that the Judge seems fixated on thus far.

    I don’t think its as open and shut as some Pats fans seem to think, but I think this part is what breaks the rules in the CBA for the judge.

  42. So the judge is threatening to exceed his authority. So what? He has no right to rule on the evidence, only if Brady received a fair hearing under the CBA, which he did.
    ===
    Did you miss the part where the judge basically said that the NFL violated due process when they – without explanation – refused the NFLPA’s to examine Pash?

    “Violated Due Process” means that it wasn’t a fair hearing.

  43. Brady was also generally aware that he knowingly destroyed the only concrete evidence. If he is truly innocent. Why do that? Why fail to cooperate? Innocent people don’t act this way. He will get a slap on the wrist and weasel his way out just like before.

  44. Please do the right thing Judge Berman and vacate the suspension. There’s simply NO EVIDENCE. Can the Judge vacate Goodell too?

  45. Pats fans are only hearing what they want to from the judge and filtering out the other half. That is why he want a settlement. He is saying that neither party will like his ruling so they may be better off with their own compromise.
    ===
    Point out this missing “other half”. The people who were actually in the courtroom haven’t reported it. Are you certain it actually exists?

  46. armyofbastards says:
    Aug 19, 2015 1:19 PM
    Not a Pats fan (Raiders, actually, and still not over the Snow Bowl/Tuck Rule game). I’m not sure why I continue to be shocked by the apparent corruption in the league office. The more I read about this, the more I see that this truly was a witch hunt and smear campaign against Brady and the Pats. It blows my mind that this happened and continues to be carried out by the league


    I am a Pats fan and the deeper into this farce we get, the more I’ve wondered the same thing….about what the NFL did to the Saints in Bountygate. As I understand it the NFL lied, remitted false evidence, etc in that case….why aren’t the Saints fans trying to bring the truth out about the NFL–it won’t bring them back what they lost but it will help the league as a whole!

  47. Once Brady’s suspension is vacated does Goodell resign that day or wait till the weekend?

  48. His kangaroo courts of issuing the punishments and then being the one person to hear an appeal is just stupid at face value.
    **********************************************************

    That is entirely the fault of the NFLPA and the PLAYERS themselves for agreeing to those terms. But that doesn’t change the fact that Goodell is incompetent and genrally acts like a buffoon.

  49. FoozieGrooler says:
    Aug 19, 2015 1:31 PM
    Time to subpoena the two ball handlers – who were let go primarily to keep them out of Goodell’s reach for NFL matters…
    _________________________________

    Wouldn’t that make them more available??? Wouldn’t that make them angry towards the Patriots??? You would think if they had something to say they would have said it… Oh wait they did, they both said they did nothing to the footballs. Of course this was left out of the report because it didn’t fit the NFL’s narrative.

  50. jimmyt says:
    Aug 19, 2015 1:39 PM
    Pats fans are only hearing what they want to from the judge and filtering out the other half. That is why he want a settlement. He is saying that neither party will like his ruling so they may be better off with their own compromise.

    That’s not at all what he’s saying. He’s saying he wants a settlement because anything else will clog up the courts with appeals — he’s saying it would be smarter for both sides to settle; but, he is definitely sending a message to the NFL that if they don’t drop their ludicrous demands, he will vacate the suspension.

  51. This whole situation is a disaster. Did Brady and the Patriots cheat? Most certainly, and for years. Did the league have the smoking gun they needed to punish him with suspension? Doesn’t look like it. Is this a witch hunt? Most likely, and I say that with the belief that the other owners in the league probably pressured Goodell into putting an end to New England BS over the years…and now here we are.

  52. Intelligent fans no matter who their team is realize this is bigger than loyal just to your team. This should not happen in America and particularly should not happen to a clean living hall of famer like Tom Brady. Any team can have a crisis if the Barons of the NFL can lie, delay, slander with impunity, change the arguments as soon as someone shows why they are any kind of proof. So please get a level head, try to control your unsportsmanlike hate for a great football QB, free Mr. Brady, and let him play his last few years without this unbearable distraction. Roger Goodell has not been remotely fair in this process. Maybe Judge Berman will make that clear in the end if he has not already done so.

  53. I think this BSPN report about Brady offering to settle is just another leak of misinformation from their overlords at 345 Park Avenue. Why would he settle with these clowns on the ropes?

  54. cjmullysr says:
    Aug 19, 2015 1:46 PM
    Is Roger Goodell going to be in Foxboro on opening night? If so, I hope he is in the “Pope Mobile.”


    The Pope mobile won’t save him from the resounding boos he will be getting; it’s not sound-proof and it won’t save him from the embarassment of having the fans turn their backs on him when the banner is raised.

    NO BRADY, NO banner!! Fire Goodell!!!!!!!!!!!!!!!!!!!!!

  55. from Tommy curran:

    “What’s the problem having [Pash] testify?” asked Berman. “He edited the Wells Report. Nobody else edited the Wells Report. He was the co-lead on the investigation with Mr. Wells.”

    Nash responded that Goodell felt Pash “was not a relevant witness,” which is why Pash was not questioned during Brady’s June 26 appeal.

    According to Nash, Goodell did allow the NFLPA to question Wells as to Pash’s importance. Berman appeared to waggle his head upon hearing that explanation.

    Nash also blamed a press release announcing Wells and Pash as co- investigators as having fermented unnecessary interest in Pash’s role, to which Berman said, “Well, you all wrote [the press release].”

    When Nash tried to move away from the question of Pash, Berman returned to the topic, again asking who else edited the Wells Report.

    Nash explained that Goodell determined Pash’s testimony was “cumulative” and there was no need for questioning. Author’s confession: I’m not sure exactly what that means, but the notion of employing “cumulative” testimony by the NFL really rankled Berman, who said cases have been vacated based on allowing “cumulative” testimony.

    “It’s not sufficient just to say his testimony would have been cumulative,” said Berman.

    Pash’s role is becoming more significant in Berman’s mind. During the NFLPA’s hour of arguments on Wednesday, Berman said to union attorney Jeffrey Kessler that being able to question Pash would have been valuable to the NFLPA.

  56. seabrawk12 says:
    Aug 19, 2015 1:45 PM
    Brady was also generally aware that he knowingly destroyed the only concrete evidence. If he is truly innocent. Why do that? Why fail to cooperate? Innocent people don’t act this way. He will get a slap on the wrist and weasel his way out just like before.
    ————–
    Actually, the only concrete evidence would be the existing of unnaturally deflated footballs….which there were none.

  57. El Jefe says:
    Aug 19, 2015 1:18 PM
    Goodell is going down in flames. AGAIN.

    Meanwhile the Patriot Haters Hall of Fame include:

    Roger Goodell, Sepp Blatter, and the IOC.

    Worst. Sports Executives. Ever.
    =======================================
    You have to ask yourself if Adam Silver or Gary Bettman would be so stupid to go down all of the roads that Goodell has. The answer is NO!!!!!

    The NFL should poach Silver from the NBA and establish real rules and professional management.

  58. Tom Brady likes deflated balls. That is a fact that he made clear when he dodged questions about why he wanted the balls at 12.5psi. Tom Brady did NOT break any rules by this either! 12.5 is acceptable per the rules. And that means, per the ideal gas law, that EVERY BALL filled to 12.5 psi before the game will be BELOW that level DURING the game for cold weather games.

    If Brady asked the equipment guys to deflate the balls past 12.5 psi, then he broke the rules. But there is NO evidence of that. And even if there was, there can be no suspension for the offense of tampering with equipment. Everyone seems to want to suspend Brady for the perception that “the Patriots always cheat”. But there just isn’t any tangible proof in this case.

    I don’t like the patriots, but if you punish people without proof then everyone is guilty. And that’s not an NFL I want to see.

    #freebrady

    And for the love of god.. Fire Goodell!!!

  59. 1. Brady acting flighty at the beginning of this was very obviously due to the LIES about the PSI numbers the NFL put out. He had no idea what was going on.

    2. The only people caught lying red-handed in this ordeal have been the NFL. Over, and over, and over, and over, and over again. The PSI leak to Mort, the letter from the NFL to the Pats with all the wrong PSI numbers, the lie about Brady asking for the appeal transcripts to be sealed, the lie Goodell told about Brady in his appeal decision (saying Brady said he never talked to JJ about the deflation issue), and finally the lie the NFL told to cover up the fact that they made the Pats suspend (NOT FIRE) the ball boys which was documented in another letter sent to the Pats by the NFL. Vincent is the only person that can re-instate them.

    Those are the facts people. Stop parroting BS that was torn apart weeks and months ago.

  60. northeastkiller says:
    Aug 19, 2015 1:20 PM
    Berrigan also tore apart the evidence on Bountygate before concluding she was unable to break the CBA. Pats fans are in for a lot of disappointment with this “every Wednesday is we’re-getting-off celebration day” schedule we’ve got going on.

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

    Umm.. as I recall, she may not have been able to break the CBA, but she did vacate the appeal which Goodell presided over and had it go back to the appeal process in front of an independent arbitrator. That independent arbitrator found that the evidence did not support the conclusions of the League and vacated the suspensions of all the New Orleans Saints involved.

    Then there is the Ray Rice and Peterson cases heard in Minnesota Federal Court where the judge stated that even though the CBA had allowed Goodell to serve as the appeal arbitrator, she ruled that clause violated the fair rule of shop and Goodell could not be considered an independent arbitrator. In fact there is a pending Contempt of Court charge against the league that is to be heard in Minnesota because Goodell is still serving as an independent arbitrator against the judges ruling.

    So more than likely the judge will vacate the appeal and send it back to a true independent arbitrator since precedent had already been set in Minnesota. More than likely an independent arbitrator will vacate the charges against Brady just like what happened with the Saints and bountygate.

    Goodell is a dead man walking. He’ll lose his job over this.

  61. At the end of the day, even though the Judge clearly knows that the case against Brady and punishment is flawed beyond belief, the league knows that he can not rule against them because the CBA gave Roger this power. Even if he is without a doubt abusing it here.

  62. restoreintegritytonfl says:
    Aug 19, 2015 1:24 PM

    The fumbling data does not lie.
    ________________________________________

    Great point!

    From 2007 through 2014 the Patriots’ fumble rate on offensive plays was 1.14% when playing at home, and 1.08% on the road. Road teams don’t provide their own ball attendants, but work ball attendants provided by the home team. So, since the Patriots’ fumble rate is actually slightly better when playing on the road, there are just two possibilities:

    1. Letting air out of a football doesn’t reduce fumbles, or

    2. The Patriots haven’t been tampering with footballs.

    The fumbling data doesn’t lie!

  63. End it already! Everybody in football,players and officials have been playing this game since they were 10 years old. The center, wr,db and official knew as soon as they touched the ball. Hey this ball doesn’t feel right. They would know if the ball was soft or firm, through many years of touching footballs, this ball doesn’t feel right!! QB’s and WRs like the ball a certain way so do running backs. What’s the problem?

  64. “Berrigan also tore apart the evidence on Bountygate before concluding she was unable to break the CBA. ”

    Its an interesting point, however, one distinction here is that the NFL keeps arguing that he has the right under the CBA, yet, cites non-CBA documents such as equipment manuals and “Competitive Integrity”

    I think the technical distinction is very important…

  65. bostontdparty says:
    Aug 19, 2015 1:59 PM
    Doty, they could have had a strong republican judge in Minnesota had they not filed before the NFLPA.

    too funny

    Too funny, the NFL thought they were being slick by filing first in NY and now it could backfire on them.

  66. tattooit says:
    Aug 19, 2015 2:03 PM
    At the end of the day, even though the Judge clearly knows that the case against Brady and punishment is flawed beyond belief, the league knows that he can not rule against them because the CBA gave Roger this power. Even if he is without a doubt abusing it here.

    No it doesn’t !

    The NFL cannot hide behind article 46. They still have to show the process was fair. That’s why the judge is asking these questions about the facts and how they came to the conclusion of a suspension.

  67. Stepping 100 feet away helps.

    Here is what most likely happended based all of the information that has been gathered.

    Brady has mentioned to the ball boys at some point in his time with the Patriots that he likes balls at a certain PSI that is below NFL regulation. The ball boys listened and deflated them for some amount time.

    We dont know how much contact there has been between Brady and the ball boys but there has definitely been some contact to get balls the way he wants them. The legal system may not be able to prove Brady’s knowledge of the deflation, but there should be no doubt in a normal human’s mind that Brady knew of the balls being deflated. He is a freaking nfl quarterback. I liken it to hockey (since i dont play football), I am an amateur and can most defintely tell the difference between the slightest stick curve and if the curve is illegal.

    Bottom line. He broke the rules willfully but the NFL will have difficulty proving it in the court room. In my mind him, based on these event sna historical events, the patriots will always be some level of cheaters. The best shouldnt have to break the rules.

  68. flash

    The NFL cannot hide behind article 46. They still have to show the process was fair. That’s why the judge is asking these questions about the facts and how they came to the conclusion of a suspension.
    ======================================

    Read Article 15
    15. INTEGRITY OF GAME. Player recognizes the detriment to the League and professional football that would result from impairment of public confidence in the honest and orderly conduct of NFL games or the integrity and good character of NFL players.
    Player therefore acknowledges his awareness that if he accepts a bribe or agrees to throw or fix an NFL game; fails to promptly report a bribe offer or an attempt to throw or fix an NFL game; bets on an NFL game; knowingly associates with gamblers or gambling
    activity; uses or provides other players with stimulants or other drugs for the purpose of attempting to enhance on-field performance; or is guilty of any other form of conduct reasonably judged by the League Commissioner to be detrimental to the League or professional football, the Commissioner will have the right, but only after giving Player the opportunity for a hearing at which he may be represented by counsel of his choice, to fine Player in a reasonable amount; to suspend Player for a period certain or indefinitely; and/or to terminate this contract.

    REASONABLE STANDARD

  69. It’s time for Goodell to end this farce right now and take Brady’s last, best offer. Because Judge Berman is not going to side with the NFL on this one.

    You can’t suspend a player for a rule that NO player knows about, as Ted Wells admitted in court when he said he did NOT distribute the rule about what the correct PSI inflation was to ANY of the players. So how can Brady be suspended for something that neither him nor any other players knew about? You can’t. Even if he did know of a scheme to deflate footballs, which is a huge stretch at this point, so what?? You can’t suspend someone for a rule that no one knows about. This whole thing has been a joke from the beginning and Goodell and the other owners who supported him are going to have egg on their faces for conducting a sting operation, suspending Brady for no reason and then smearing him in the media. If this doesn’t get Goodell removed from office, I don’t know what will.

  70. Lack of notice = NFL loses.

    Article 46 will not be able to supersede a collectively bargained equipment violation. If the NFL stuck to what was actually collectively bargained we wouldn’t be where we are today.

    It’s really that simple.

  71. girgand

    Brady has mentioned to the ball boys at some point in his time with the Patriots that he likes balls at a certain PSI that is below NFL regulation.
    ==========================

    but from 200 feet he tells them 12.5, LEGAL

  72. SurfBandits says:
    Aug 19, 2015 2:00 PM

    Judge seems pretty pissed off about the NFL not having Jeff Pash available to testify…I wonder why that is???
    ———————-

    Because the NFL didn’t let Tom Brady and the NFLPA have access to all of the information that the NFL had access to, so that he could have made an adequate defense of what he had been accused of.

    They bizarrely claimed attorney-client privilege about the documents pertaining to the “independent” Wells Report.

    It’s all part of the scam and cover-up by the NFL.

  73. Condaleeza for commish…..

    (The NFL argues that Brady was ‘generally aware’ that deflation of footballs took place.

    I would suspect that every educated human in any ‘developed’ society on this globe is ‘generally aware’ that pressurised objects vary in pressure based upon outside forces, be it external pressure or ambient weather conditions.

    Basic physics 101…….

    (When I said “every educated human in any ‘developed’ society”; I do of course exclude the idiots at 345 park Avenue……..)).

  74. girgansonsllp:

    So explain why the Patriots’ footballs, at a game in October of 2014, AT HOME IN FOXBORO were at 16psi?

    How do you square that with your elaborate theory???

    Also, the bit about a QB would notice doesn’t hold up to a few minutes of thinking.

    Cold weather causes PSI to go down. So in all the very cold NFL games in the last 50 years (and there have been HUNDREDS OF THEM), the PSI in the footballs by the end of the first quarter was below the minimum of 12.5 (that’s just the way nature works, period). How many of the NFL quarterbacks that handled and threw THOSE balls noticed or complained??????????

    Zero.

  75. The NFL is so rich it’s as if they’re printing their own money. But yes, all of you are correct that they are going down in flames. And all they have left is Goodell’s $40 mil a year salary and 32 billionaire owners. In other words, the NFL isn’t losing a single thing with this case.

  76. To those that keep pushing the canard that Brady “looked” guilty:

    1. Looks matter but they shouldn’t

    2. Of course he looked bewildered in the inital press conference, the story was a lie and he was assuming the NFL was telling the truth about the psi numbers

  77. girgandsonsllp says:
    Aug 19, 2015 2:10 PM
    Stepping 100 feet away helps.

    Here is what most likely happended based all of the information that has been gathered.

    Brady has mentioned to the ball boys at some point in his time with the Patriots that he likes balls at a certain PSI that is below NFL regulation. The ball boys listened and deflated them for some amount time.

    The ONLY evidence we have on this subject is after the Jets game where the refs pumped the balls up to 16psi. Brady told the ball boys to put them at 12.5 and to give the refs a copy of the rulebook and show them where it says the balls should be between 12.5 and 13.5…….now where do you get he wanted them under that and if he did want them under that, do you really think he would point out to the refs what the rule for psi is? This is why people call you all haters or deniers. There’s no proof of Brady’s guilt, there is common sense proof of his innocence!

  78. “Brady has mentioned to the ball boys at some point in his time with the Patriots that he likes balls at a certain PSI that is below NFL regulation. The ball boys listened and deflated them for some amount time…..

    ….The legal system may not be able to prove Brady’s knowledge of the deflation, but there should be no doubt in a normal human’s mind that Brady knew of the balls being deflated…..”

    He freaked out about the balls during the Jet game, which turned out to be 16 PSI. There are text records of Jastremeski saying they are supposed to be at 13. Brady gave them the PSI rules to bring to the refs so the same overinflation didn’t happen again.

    A reasonable human’s mind would conclude that if this was some long standing scheme, it is very odd that they didn’t do it during the Jet game.

    A reasonable human’s mind would take pause at the fact that Brady intentionally drew the refs attention to the PSI levels of his footballs per the rule book.

    A reasonable human’s mind would conclude that the perpetrator of such a scheme would be insane to intentionally draw attention to it.

  79. The NFL just ran into another iceberg and continues to take on even more water.

    It’s just BEAUTIFUL to watch Captian Goodell go down with the Owners.

  80. If a ball was really soft the ref would feel it and throw it out.

    The truth is that the NFL has been playing with balls that have a rather large standard deviation from 13.0 psi, that is well outside the 12.5 to 13.5 designated range, most of it weather related or human error on the referees part and nothing nefarious. The Cots, and some enemies of the Patriots in the NFL, tried to use the existence of that larger normal standard deviation to target the NFL’s greatest star player to either hurt him or promote themselves.

    Despicable. Sadly, many people have supported their efforts.

  81. STILLlolatpatshaters says:
    Aug 19, 2015 1:31 PM
    Yeah…Brady won’t be agreeing to 1 minute of any suspension.

    Go get em CHAMP!
    —————————————————————-
    Yeah Champ, go get em……. starting week 5

  82. It’s nice to have the Judge already affirming that Goodell’s contention that Brady cheated is a joke – as is all the comments above of “Brady definitely cheated”

    Of course, I fully expect the Haters to delude themselves that Judge Berman, vacating the decision is PROOF that Brady cheated.

    Yeah it makes no sense, but since when did the Haters (including Goodell and the owners) make sense in this situation?

    I particularly loved this exchange between Nash and Berman, asking how the NFL would decide a future equipment violation

    “Nash, after a roundabout explanation, finally settled on: “The amount of discipline would be based on the sound judgment of the commissioner.””

    The “SOUND JUDGEMENT” of the Commissioner is clearly something that I think Judge Berman already knows does not exist

  83. letherton says:
    Aug 19, 2015 2:04 PM
    End it already! Everybody in football,players and officials have been playing this game since they were 10 years old. The center, wr,db and official knew as soon as they touched the ball. Hey this ball doesn’t feel right. They would know if the ball was soft or firm, through many years of touching footballs, this ball doesn’t feel right!! QB’s and WRs like the ball a certain way so do running backs. What’s the problem


    Except of course, if balls lose pressure in the cold, you all have been experiencing that for 10 years…so either you’re used to it and ignore it or you can’t tell the difference.

  84. per ian rappaport:

    per 2 sources informed of Brady’s thinking, his stance hasn’t changed.
    Not willing to accept any suspension in settlement at this point

    FREE BRADY

  85. Roger Goodell has been offered more from Brady then the situation shows he should.

    Brady is handing the fascist commissioner MORE POWER by setting a precedent that he can now suspend people for not cooperating (even though he did) and accept a 1 game suspension.

    If Goodell doesn’t accept that, he is dumber then the Wells Report made him and the NFL league office look.

    Brady by the way it’s set up is offering more then he should, but overall it isn’t much, one game, and doesn’t have to admit guilt.

    Even though people would see this as a Brady win, and in a big way it IS, it actually would be a Goodell win, in the sense of him getting more power… the new power to suspend someone for not cooperating, even though Brady was.

    Of course, it’s also a massive LOSS, and could (SHOULD) force him out as commish, since him and the league office he ran has been completely inept, petty, and quite frankly fascist with all the propaganda they purposefully put out to frame the debate.

    Now maybe the owners don’t force him out, so Goodell should take the Brady offer and run with it, because he actually gets something and Brady loses something, all for a farce to begin with.

    He’d be stupid not to.

  86. ftblfan9 says:
    Aug 19, 2015 1:55 PM
    The NFL is longing for Judge Doty right now.


    As I understand it, Roger won’t have to long for Judge Doty for too long….he’s due in front of him tomorrow to explain why he shouldn’t be brought up on contempt charges.

    Speaking for myself, my contempt for Goodell is huge!

  87. seahawkboymike says:
    Aug 19, 2015 1:35 PM
    So the judge is threatening to exceed his authority. So what? He has no right to rule on the evidence, only if Brady received a fair hearing under the CBA, which he did.
    ====================================

    The NFLPA agreed to allow Goodell sit as the arbitrator for appeal hearings when the last CBA was signed. As an arbitrator, there are guidelines and laws that he must follow and perhaps Berman is questioning whether Goodell followed them. Among the many guidelines, “If an Arbitrator becomes incapable of maintaining impartiality, the Arbitrator should withdraw” might be one of the many things Berman is determining.

  88. girgandsonsllp says:
    Aug 19, 2015 2:10 PM

    Here is what most likely happended based all of the information that has been gathered.

    Brady has mentioned to the ball boys at some point in his time with the Patriots that he likes balls at a certain PSI that is below NFL regulation.
    _________________________________________

    As stated in the Wells Report, John Jastremski sent this text message to his fiancee after the Patriots – Jets game in Foxboro on October 16: “I just measured some of the balls. They supposed to be 13 lbs… They were like 16. Felt like bricks”

    If Brady told the equipment guys he likes his footballs inflated to less than 12.5 psi, why is JJ saying the balls were supposed to be inflated to 13 psi? And, if the Pats are routinely deflating footballs after approval by the officials, how is it that these footballs measured at 16?

    JJ’s text message is unambiguous, and it demonstrates that there was no scheme to deflate footballs.

  89. This is all over but the shouting.

    The only thing… and I mean the ONLY thing the league has left is their non-monopoly status to operate in any manner they see fit. That’s the reason the league is fighting this thing. If they lose that, outside regulation is on its way and it will support the NFLPA.

    So much for the Panthers owner’s declaration during the lockout that “they” were going to take back “their” league.

  90. joker65 says:
    Aug 19, 2015 1:37 PM

    Ball boy didn’t let the air out. It was science that deflated the balls!!!

    Someday you guys will get it. Or probably not.

    _________________________________________

    Come on. Please stop writing stuff like this. The “science” as you put it, states that under ideal conditions (which air is not) and constant volume, pressure changes along with temperature.

    If deflation occurred, it would have changed the volume of air. Under constant temperature that affects pressure. Science didn’t do anything.

    But again air is not ideal. A football is also not ideal. It is entirely possible that deflation occurred, naturally or artificially. We will never know because we don’t have all the data. Every conclusion rests on assumptions of temperature, pressure, humidity, time etc. and the only way for the NFL to enforce this rule would be to establish a clear set of rules for it. Even though they had advanced notice of a possible equipment violation, hey did not do that. They had no idea what the pressure should have been.

    All the science says is there is no proof the balls were artificially deflated.

  91. FBI needs to step in already as the EVIDENCE is CLEAR that Biscotti & Irsay demanded Goodell to set up a Sting against the Patriots in an attempt

    A) January / Disqualify the Patriots from the SuperBowl = FAILED for lack of evidence

    B) Plan B = Have a corrupt Lawyer create evidence and while doing so…..

    C) SMEAR CAMPAIGN = have corrupt ESPN broadcast, day & night, FALSE news leaks against Brady in order to give UNFAIR ADVANTAGE to the Seahawks = FAILED

    D) Irsay & Biscotti are IRATE at Patriots winning SB so we move on to Draft Picks stolen ( Theft by Deception) and suspend Brady

    This is ILLEGAL and CRIMES have been and are being committed by the NFL.

    CLEAR evidence of tampering by the NFL to fix SuperBowl outcome for 2015 and Playoff Seeding for this season.

  92. EVERY NFL PLAYER…should be thanking Tom Brady right now.

    He is exposing the corruption and [ yes] cheating that goes on daily from Goodell and his minions.

    This case…will forever change the CBAA..and make the commissioner a …game manager.

    NFL corruption..makes me want to vomit…and if I were Saints or Dolphin fans…I’d be really ticked off right now…knowing their teams/players were not treated right.

    Why????…are we just now finding out that J Martin was depressed and suicidal?????…Why??? was Miami Wells report…only 1/2 revealed????

    Some pretty sick stuff….ruining good peoples lives.

    Fire Goodell…and remove his name or likeness from NFL….FOREVER.

  93. Speaking of quantum leaps…..is it also a quantum leap for a normal person to infer guilt of another person who surreptiously destroys his cell phone on the day of an investigation?

  94. Again, the judge doesn’t want to rule on the case because he knows full well the CBA dictates overall. The Commissioner, as the arbiter, has the authority & he knows it. He wants to do what he can to make both sides question their position top force a resolution outside of court. But, I doubt that will happen. The NFL isn’t going to weigh the likelihood of having to go to Court every time someone in the NFL decides to cheat, gets suspended & then sues the NFL because they got caught.

  95. Love all of these uninformed comments. Just FYI, when Brady has spoken about liking the footballs on the “soft” side, he’s talking about the LEATHER. The balls come out of the box hard, the laces are hard, and the leather needs to be broken in.

    As far as the squeezability of the football, that’s the psi. And the psi that was determined in the Wells report amounts to exactly ONE MILLIMETER to the touch. That’s right, haters, ONE MILLIMETER. Not even discernible.

    But, you know, keep throwing out the “cheaters” line.

  96. To those who keep clamoring for Jastremsky and McNally to testify under oath…

    It’s pretty obvious that you have not spent any time “digging deeper” into the facts of this case. They already have testified, under oath. IF they had anything damning to say it would be in the Well$ report….but it wasn’t…because it’s obvious that their testimony did not fit the narrative the NFL and Well$ was trying to spin.

    People say they were FIRED by the Pats…therefore they must be guilty. The Patriots suspended them without pay PER REQUEST OF THE NFL!

    Hang on to the false narratives that support your nonsense theories, Hater Nation.

  97. dumbas

    The Commissioner, as the arbiter, has the authority & he knows it.

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

    you read article 46, now read article 15.

    then you will understand what the judge is trying to determine, and why he can make that determination, no matter what you think article 46 confers on the commisioner

  98. I’m hoping ESPN’s report of Brady’s willingness to accept a one-game suspension was another one of the NFL’s media manipulations. If it’s true the NFL will jump. It would be a major blunder by Brady.

    The game needs a loss by the commissioner. We can’t have Goodell thinning the talent out of league. We can’t have him serving up a sub-par product.

    We can’t get the owners to fire him, either. All we can do is wait for those dinosaurs to die off. In the meantime, we can take their teeth away. It starts with a judges ruling.

  99. It gives me a little more faith in humanity to see that the rational comments on this board…ya know…the ones that point out that there is ZERO evidence of Brady doing anything wrong…are getting big thumbs up. The rest of you are just haters and trolls. The NFL is an embarrassment. Saddens me that “America’s game” is run by such complete incompetent clowns. Not much different than the federal government really.

  100. I guess since it’s only ONE MILLIMETER, we can just get rid of the rule altogether and let anyone break rules as long as there’s no discernable difference that the rule is broken. Maybe, I’ll use that excuse next time I get pulled over for going 75 in a 70. Hopefully the cop is a Pats’ fan.

  101. The whole Deflategate saga has become stale…

    The only way for the NFL to resolve the issue is via mass courtroom brawl!!!

  102. Wow, according to a New England sports journalist, the judge “nodded vigorously”.

    ROFLMAO

    He must be siding with Brady!!!!!!

    Salute.

  103. “justintuckrule says:
    Aug 19, 2015 3:08 PM
    Speaking of quantum leaps…..is it also a quantum leap for a normal person to infer guilt of another person who surreptiously destroys his cell phone on the day of an investigation?”


    You can infer whatever you want. But it’s irrelevant to what’s going on here. And the judge has said as much.

  104. “I guess since it’s only ONE MILLIMETER, we can just get rid of the rule altogether and let anyone break rules as long as there’s no discernable difference that the rule is broken. Maybe, I’ll use that excuse next time I get pulled over for going 75 in a 70. Hopefully the cop is a Pats’ fan.”

    You might have a point if when you get pulled over for 75 in a 70 the cop pulls you out of the car, plants drugs in the car, arrests you for possession, then the same cop is your judge and jury at trial and you go to prison for 5 years.

  105. JustinButtHurt

    No, but if you get pulled over for doing 66 in a 65, then yes I would say you have a legitimate gripe

    And the PSI rule on the books was never meant as a deterrent to cheating. The PSI of the ball has nothing to do with gaining a particular advantage whether it be over inflated or under inflated. The “rule” is just to outline the optimal specifications for the flight of the ball as issued by the manufacturer. The balls are at peak performance between 12.5-13.5 PSI.

  106. justintuckrule says:
    Aug 19, 2015 3:32 PM

    I guess since it’s only ONE MILLIMETER, we can just get rid of the rule altogether and let anyone break rules as long as there’s no discernable difference that the rule is broken. Maybe, I’ll use that excuse next time I get pulled over for going 75 in a 70. Hopefully the cop is a Pats’ fan.
    —————————–

    Well, they should get rid of the rule, because it is pointless, as it has been shown throughout this whole disaster.

    The games that are played where the footballs stay within that arbitrary 1PSI range are probably about 50%.

    And I am talking about the readings varying due to temperature, not some ball tampering malarkey that the NFL made up.

  107. seahawkboymike says:
    Aug 19, 2015 1:35 PM
    So the judge is threatening to exceed his authority. So what? He has no right to rule on the evidence, only if Brady received a fair hearing under the CBA, which he did.

    Bye Tom.
    __________________________________

    You obviously don’t read for content. Berman pretty much said that the NFL’s refusal to all the NFLPA to call Pash to the witness stand in the arbitration hearing was enough to vacate the award. He also said that you have to allow the other side the opportunity to present their side of things.

    That’s a pretty clear message that Berman does not consider Goodel’s arbitration of this a fair hearing.

  108. sueb45 says:
    Aug 19, 2015 1:30 PM

    The ball is in the NFL’s court right now. Brady has indicated he’ll settle as long as he does not have to accept the Wells report. The Judge has made it clear to the NFL that he has cause to vacate the suspension….are Goodell and his minions smart enough to give up their ludicrous demands that Brady accept the Wells report and that the NFLPA concede that he has absolute power to do whatever the heck he wants……no, I don’t think they are. The judge said that he would rule before September 4th if this isn’t settled. He’s required Brady and Goodell to be in court on Aug. 31. If there’s no settlement by then, Berman will vacate the suspension; the NFL will appeal making themselves look vindictive and stupid.
    __________________________
    It’s now being reported that Brady’s camp never offered a settlement involving him accepting a suspension. More lies from ESPN

  109. Whats even funnier is the league is getting slapped around by their NY neighbors they chose themselves.

  110. dumbaseinstien says:
    Aug 19, 2015 3:10 PM
    Again, the judge doesn’t want to rule on the case because he knows full well the CBA dictates overall. The Commissioner, as the arbiter, has the authority & he knows it. He wants to do what he can to make both sides question their position top force a resolution outside of court. But, I doubt that will happen. The NFL isn’t going to weigh the likelihood of having to go to Court every time someone in the NFL decides to cheat, gets suspended & then sues the NFL because they got caught.
    _____________________________________

    The Commissioner does have authority. However an arbitration must be a fair and impartial hearing. If it is not then the arbitration award can be vacated by the courts.

    The CBA does not prevent a player of the NFL from challenging arbitration in court, it only requires that they go to arbitration before going to court.

    The issue here is that the arbitration was neither fair nor impartial. No judge wants to rule on an arbitration case if it can be settled, and this judge is making it very clear to the NFL that they would be wise to settle the matter rather than have him rule on it.

  111. I like how the trolls are OK with the idea of the League winning on a technicality but it would have offended their delicate sensibilities if it was a technicality “freeing” Brady. That being said lixer81 may be on to something here…..

  112. back in the day, Brady and Goodell would have just had a duel out in the street…..dust being kicked up and tumbleweeds rolling by

  113. No, you haters still don’t get it.

    The judge wants a settlement because settlements are final. There is no ability to appeal to a higher court if there is a settlement. And if he overturns the Goodell decision and vacates Brady’s suspension, the league is probably obstinate enough to appeal. That means that the judge has to write a conclusive decision that is totally appeal proof. That is work for him to construct, and he runs the risk of it being overturned on appeal, which is a black mark for any juror.

    And there are still some geniuses out there that still do not understand the “Ideal Gas Law”. The word “ideal” seems to cause them comprehension fits. Remove the word “ideal” altogether and use “Boyle’s Gas Law”. It’s the same law, and is no less true. When the temperature decreases the pressure will (not might) decrease proportionally. No ifs ands or buts. It’s going down.

    Even a ball that is inflated to the maximum permissible 13.5 psi, that is then subjected to a 40 degree temperature drop will be well below 12.5 psi. The rules do not say that the balls need to be *maintained* in that specified range. Only that they are inflated to that range. Whatever mother nature does to the pressure after the initial legal inflation is within the rules and offers NO COMPETITIVE ADVANTAGE, since both teams balls will deflate an equal amount.

  114. ….why aren’t the Saints fans trying to bring the truth out about the NFL–it won’t bring them back what they lost but it will help the league as a whole!

    He must be very busy =)

  115. When are they going to ask why in the freakin hell did the Pats release that retort that said Jastremski called himself The Deflator because he lost weight? That ridiculous document is more damning to Brady and his guilt than the Wells report.

  116. All the NFL did was blatantly violate due process, polarize fans, and potentially ruin a guy’s sterling reputation, all because he likes to throw a ball on the low end of the legal limit–and because a team happens to be talented and creative.

    This is what we’ve learned up until now.

  117. “Lost”that TV series I thought was the worlds biggest drawn out saga about nothing but this deflation thing must surely top that. Jeez when will it end. I can see this going on for another year at this rate.

  118. Let me get this straight Tom Brady, If you are issued a traffic summons for speeding, the municipal court should come to you and you will decide what punishment if any the court can impose upon you that you deem fair to you? Wake up Adolph Brady, we have a legal system here in this country. It has worked since the country’s existence, either accept what the court hands you or take your deflated balls and go home and never put on an NFL uniform again! Playing that sport is a PRIVILEGE and NOT a right and your acting like a spoiled brat that has not got what he wanted from his mommy.

  119. strange that the NFL equated ball deflation with PED use…why did the NFL fail to penalize the Colts for using deflated balls during the AFC championship game ?

    it is strange that the NFL insists Brady must accept the Wells report…they must know Brady will not commit perjury.

    So far it appears the Judge favors Brady and will most likely vacate the penalties.

  120. And the ball boys fired. And YES – they were fired by the Patriots; the league clearly denied saying they had to be fired.

    They’re still not fired. They are suspended until Troy Vincent lets them go back to work. The NFL is now in a mode of leaking a lie every week. Why would you believe them about anything?

    Last week they claimed that there would be witness testimony today. And just this morning they claimed that Brady was willing to accept a suspension, a claim that has been forcefully denied this afternoon.

    I don’t think I’d believe Goodell if he told us his hair was red.

  121. Don’t get your hopes up, Pats fans. There’s no way the NFL is going to settle with Brady unless he admits he cheated.

  122. Kessler: “No one in the NFL knew anything about the ideal gas law, which is surprising because I think I studied that in 9th grade.”

    Berman: “There are some basic procedures of fairness that have to be followed…. You got to let someone make their case.”

  123. FoozieGrooler says:
    Aug 19, 2015 1:31 PM

    Time to subpoena the two ball handlers – who were let go primarily to keep them out of Goodell’s reach for NFL matters…

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

    They were interviewed four separate times, 3 times by Goodell and the NFL. Did you notice how not one reference to what they said was included in the Wells Report? Maybe because they had nothing to say that supported the “independent investigation.”

  124. Why do the haters ignore Schefter’s pictures on the boxes of nfl balls where the manufacturer states inclement weather can affect the balls yet take verbatim that TB was willing to take a 1 game suspension so he must be guilty.

  125. Free a level and fair playing field.

    Why is so much read into this? If the judge wanted them to settle this then it is obvious he will do the same with a settlement outcome of his own.

  126. There’s no way the NFL is going to settle with Brady unless he admits he cheated.

    We don’t want a settlement dummy, Berman does just so he doesn’t have to go on record vacating an arbiters suspension

  127. What amazes me is none of you is taking the NFLPA to task for agreeing to such an archaic ruling system (i.e. Goodell is judge and jury). Why do they get off scot free?

    If, indeed, they had mandated the NFL agree to third party arbitration for ALL suspensions under the Personal Conduct policy, we wouldn’t be in this mess.

    To be clear, everyone loses, no matter what.

    Except in New England, everyone will continue to believe Brady, Hoodie and the Pats cheated their way to their SB championships.

    Everyone with half a brain will realize the NFL overstepped its bounds in this case and no doubt are asking how Brady gets 4 games like Greg Hardy, and how “allegedly” knowing and aiding/abetting deflating footballs rise to the level of domestic violence and sexual assault.

    We, as fans, are left to wonder just how much of the NFL is real, and just how much it is closer to WWE then we ever thought possible.

    In a league where a PRESEASON game is outdrawing the World Series and the Stanley Cup Playoffs, it is just beyond understanding why they would risk all of this on #Deflategate.

    And why? Because 31 NFL owners and Roger lost their collective minds and thought they were invincible.

  128. Let’s recap people. The Chris Mortensen’s, ESPN, article the day after the Colts were humiliated started this whole deflated ball rolling. His story has since been debunked enough to the point where Mortensen has removed it from his Twitter page. Despite the fact that Brady informed the NFL via the NFLPA that he would never turn over his phone to the Wells people, it became big news when Stephen A. Smith, ESPN, reported the “shocking” story about Brady destroying his phone.

    So far we have ESPN, who has a significant investment in the NFL, acting as a mouthpiece for the NFL for the ongoing investigation of Tom Brady, on an issue about deflated footballs that turns out to be a non issue after tests on the game balls are done. Throw in and ex Jet official turned NFL official, the Ravens sending emails to the Colts and Colts complaining about underinflated footballs that were not underinflated and here we are 6 plus months later and Brady is being asked to accept the Wells report as gospel and take 4 games off without pay. What the hell kind of a league is this?

    For the Patriot/Brady haters out there, isn’t it time to face some facts. The suspension will be vacated but Brady’s reputation has been seriously undermined. The Wells report was never an investigation, an investigation is a gathering of facts and then coming to a conclusion. This was done in a completely opposite manner where the conclusion came first and the investigation was only done to prove the conclusion.

    I rest my case.

  129. After reading through these comments, take a moment and remember that this is all about 1 PSI in a football. An almost immeasureable amount of air missing from a few footballs and it’s being covered like the OJ trial. And this has already lasted well longer than an entire NFL season (going on 8 months now…).

    Brady will probably, rightfully, have his suspension lifted, but the stolen 1st round pick is total BS. And the NFL has already won in their quest for 12 months/year mass media coverage.

  130. dudeicle says:
    Aug 19, 2015 5:17 PM
    At the end of all this someone’s balls will be deflated

    ——————————————–
    It will be Roger and his partners in crime at the league office!

  131. Just wanted to respond to sueb45, bostontdparty, letmefeelyourlove and t38267:

    I am by no means stating facts. I am simply stating my opinion based on the wealth of information that has been thrown out there over the past few months. There are specific games (i.e. Jets game) that I deflation may not have occurred because there was not an opportunity to do so. I cant imagine it would be easy to find a bathroom or other room between the ref check and game time to be able to let air out. Also, we are relying on a text message from JJ for this information, not documented evidence like the colts game.

    The problem here is that everyone is referring to specific games (me the colts game and you guys the jets game). We dont have any knowledge of any of the other games. So all of our conclusions are flawed.

    Based on the actions of Brady (phone destruction, talking on the phone with the two ball employees at length the day after the report came out), his initial press conference, the texts in the Wells Report, and the PSI of the patriots balls compared to the PSI colts balls, i would lean towards him acting like someone who is guilty rather than innocent. There is information to combat my opinion but i dont think it overwhelms the “eye test” of what is going on here.

  132. Brady is not guilty of asking anybody to under inflate the balls on January 18, 2015. NFL affirms that. That is the core issue the rest is just fluff.

  133. @girgandsonsllp

    “documented evidence like the colts game”

    ———————————————————-

    Are you kidding me? The “documentation”, as you call it, from the Colts game is incomplete and unreliable.
    Let me count the ways:
    1. No documentation of PSI before the game.
    2. Intercepted ball was gauged three times by Colts ballboy, with three different readings which were 0.5 PSI apart.
    3. Inaccurate gauges (logo or no logo). No idea which one is correct.
    4. No assurance as to which gauge was used prior to the game. Walt Anderson says logo gauge, but Exponent disagrees since that would deflate the NFL’s witch hunt.
    5. Non-comparable sample sizes- 11 Pats balls, 4 Colts balls.
    6. Mismanaged testing conditions. Colts balls were allowed to warm for most of half-time break before being gauged.
    7. Inconsistent process- for some reason Exponent says that officials switched gauges when measuring the third Colts ball and then switched back for the fourth ball. Really?
    I could go on and on.

  134. why dont they just put Brady, McNally and Jastremski on the stand and let them tell their obvious lies under oath? Lying under oath is big.

  135. Brady will never be exonerated, he was found guiltybof it and then that was upheld on the appeal so because he was originally found guilty and was found guilty on appeal then no matter what the judge says he is guilty right?

  136. “why dont they just put Brady, McNally and Jastremski on the stand and let them tell their obvious lies under oath? Lying under oath is big.”

    Brady testified under oath at the appeal. If, during this court case, they find any evidence of him lying during the appeal he can be brought up on perjury charges. Get it?

  137. BDevil1952 – EXCELLENT summation. The NFL has done nothing but lie. As Mr Kraft said, it was never about the truth, but rather proving the NFL was right. If Vincent & Kensil weren’t ignorant regarding Boyles Law this never would have gone forward, interesting 3 measurements of the intercepted ball were all different , yet within the expected range, which was lost on those two flunkies.

  138. “Re-try”? The “re” part if a retrial beans ” back or again”.
    Did I miss a trial? No I did not.

    Mort, Goodell and Teddy “porn mustache” Wells should NEVER again work for the NFL.

    PS was Bob Kravitz used?

  139. I did some quick research based on the comment above that Carolina Panthers owner Jerry Richardson stated prior tot he 2011 owners lockout of the players that they were going to “take back” their league. There are a number of sites that quote Richardson making these comments. As a reminder, the lockout decreased the players’ share of revenue from 50 percent to 47 percent. Brady’s name was on the NFLPA desertification lawsuit back in 2011 and Kraft was the key owner that pushed for and won approval from the owners to end the lockout. Many owners were not happy with Kraft.

    One side item that isn’t often mentioned is the the treatment of the officials by the NFL after the owners ended their lockout of the players. The the next year NFL went with replacement refs in an attempt to do to the officials what they did to the players.

    Judy Battista, then of the New York Times but now of NFL Network, reported that Panthers owner Jerry Richardson and Jets owner Woody Johnson initially wanted to dig in. Others, like Patriots owner Robert Kraft and Giants co-owner John Mara, were concerned that damage was being done to the NFL by the replacement refs.

    Falcons owner Arthur Blank, who along with Mara, Texans owner Bob McNair, Chiefs owner Clark Hunt who helped negotiate the contract, believed it was time. “There was a sense of urgency on both sides to get it done,” Blank said. “The integrity of the brand is incredibly important. The officiating was creating more controversy and focus on it than on play, and that’s something you never want to happen.”

    Commissioner Roger Goodell did what he was paid to do by the men who wanted to pay the officials as little as possible. Guys, deflategate isn’t about psi, it is about payback against Kraft and Brady, and an attempt to force control concessions down the throat of the NFLPA.

  140. The same owners that brought us the players lockout in 2011 and the replacement refs in 2012 brought us deflategate in 2015. Shamefully, they called it an issue with the “integrity of the game”. Goodell is their obedient servant. Did any action ever hurt the integrity of the game more than replacement refs? It is Orwellian.

    Every fan and every media person reporting on the NFL owes it to themselves to honestly look at the facts. The guys are willing to destroy the greatest player in the history of the NFL in order to get their revenge and enhance their power under the CBA.

  141. Just the fact that he destroyed his cell phone makes him guilty. Why do that if you had nothing to hide?

  142. It seems to me the judge clearly feels the balls were tampered with. That right there is a huge loss for Brady. Asking question how many games for deflation and full cooperation is not a good sign for Brady. The judge is really trying for a settlement but the NFL won’t blink. And they shouldn’t.

  143. Pats fans act like the judge is reading their posts and will make his decision based on their rants. Goodell had the authority per the CBA to make the call, like it or not. Barring a settlement, Brady will be back game 5.

  144. canedaddy says:
    Aug 19, 2015 4:31 PM
    Don’t get your hopes up, Pats fans. There’s no way the NFL is going to settle with Brady unless he admits he cheated.

    ——–

    That works out perfectly for Brady based on the way the judge was leaning today.

  145. mototax says:
    Aug 19, 2015 6:57 PM
    Pats fans act like the judge is reading their posts and will make his decision based on their rants. Goodell had the authority per the CBA to make the call, like it or not. Barring a settlement, Brady will be back game 5.

    ———–

    What kind of logic is that? Obviously the judge will grant an injunction if there is no settlement and Brady will play. They can suspend him while the judge is deciding because there is no way to repair that damage if Brady wins his case.

    If what you said was true, there would be no point do going to court at all.

  146. so this we know: no settlement in the interim means all parties meet again on August 31. If that doesn’t work, September 4 is the deadline. Brady’s suspension would commence September 5 if there is no settlement. The judge may grant an injunction, we’ll see.

  147. kissmysandwich says:
    Aug 19, 2015 3:30 PM

    It gives me a little more faith in humanity to see that the rational comments on this board…ya know…the ones that point out that there is ZERO evidence of Brady doing anything wrong…are getting big thumbs up. The rest of you are just haters and trolls. The NFL is an embarrassment. Saddens me that “America’s game” is run by such complete incompetent clowns. Not much different than the federal government really.
    —-

    Chris Rock has a routine about GWB where he talks about the education system grading on a curve. “Some people get As, and some get Fs…the rest are somewhere in the middle.” He made the point that GWB–a C-student, became President of the United States. Well, Government workers and NFL executives fit that bill, too. Perhaps you have overly-high expectations of those groups of people.

  148. In the future, a best-selling movie will FOREVER PRESERVE the disgraceful actions of the current NFL office.

    The NFL is blinded by their environment (their perceived power and nobody is above them).

    Also, many folks in the media took a stand against the Patriots based on fake information. Because of job security, they wouldn’t change their views to reality.

    NFL office, breaking news: THIS IS AMERICA!

    The NFL thought they could wiggle around their official 19 Jan. letter to Mr. Kraft that stated all tested Colts’ footballs were within the permissible PSI ranges — INCREDIBLE and UNTRUE letter sent by the NFL.

    Then …. the TRUTH and WRATH of the Ideal Gas Law (IGL) deflated their paper ship.

    Is it surprising the Missouri Supreme Court, in a separate case, ruled in May, 2015 against Goodell and stated: ….“the terms of the contract designating the NFL commissioner, an employee of the team owners, as the sole arbitrator with unfettered discretion to establish the rules for arbitration are unconscionable and, therefore, unenforceable”.

    Finally, who made the decision at halftime to STOP testing the Colts’ remaining 8 footballs (only four balls tested, 3 found deflated)?

  149. limakey says:
    Aug 19, 2015 6:55 PM
    It seems to me the judge clearly feels the balls were tampered with. That right there is a huge loss for Brady. Asking question how many games for deflation and full cooperation is not a good sign for Brady. The judge is really trying for a settlement but the NFL won’t blink. And they shouldn’t.
    ______________________________________
    Limakey,
    I partially agree with you (finally, some common ground). The NFL shouldn’t settle. Let this go to the end now so Brady’s victory will be complete.

  150. Hey Roger, update your resume. You’ll be needing it shortly. Your tenure as NFL commissioner is about over. Good luck finding a company that will hire you and your totally devoid of integrity makeup. You really blew it! I don’t wish you well, I wish you good riddance.

  151. Is it a leap of reasoning that the Patriots organization and Brady were complicit in breaking NFL rules when the Patriots have been caught breaking or bending rules in the past and Brady refuses and then destroys his cellphone which could have contained evidence to exonerated him? I’m sorry Judge Berman, but I don’t see that being more than an easy step.

  152. Rootpain, Brady has already lost. He will never have complete victory and it doesn’t matter what court he goes to. It’s obvious the judge knows the balls were tampered with. Right now he is trying to force a settlement. At the end of the day Brady’s suspension will be upheld.

  153. The judge took issue with the NFL not making general council Jeff Pash available to testify , saying that other cases have been “vacated” over similar issues. So Goodell’s authority per the CBA “to make the call” as mototax says above will not matter if proper procedure was not followed.
    The judge also said it was a “quantum leap” to go from generally aware to a “scheme ” as it relates to the January 18th game.
    Once again some posters have very POOR reading comprehension.

  154. jmdanieli says:
    Aug 19, 2015 7:50 PM

    The judge took issue with the NFL not making general council Jeff Pash available to testify , saying that other cases have been “vacated” over similar issues. So Goodell’s authority per the CBA “to make the call” as mototax says above will not matter if proper procedure was not followed.
    The judge also said it was a “quantum leap” to go from generally aware to a “scheme ” as it relates to the January 18th game.
    Once again some posters have very POOR reading comprehension.
    ————————————————
    They only see what they want to see, believe what they want to believe. Hysterical they call those who choose to believe in facts and the truth delusional.

  155. limakey says:
    Aug 19, 2015 6:55 PM

    It seems to me the judge clearly feels the balls were tampered with. That right there is a huge loss for Brady. Asking question how many games for deflation and full cooperation is not a good sign for Brady. The judge is really trying for a settlement but the NFL won’t blink. And they shouldn’t.
    __________________________________

    And yet he has come right out and stated the NFL has not shown Brady was directly involved. Even calling Goodel’s claims of a scheme a “quantum leap”.

    That seems like a big hint to the NFL to settle.

  156. “But he edited the Wells Report,” Berman interrupted. “He’s a lawyer. He’s an executive on the NFL’s staff. Why not make him available?”
    ……………………………………………………………………

    NFL lost on this point(OK, and a few others). calculated evasion. judges don’t like that.

  157. I hope Brady is suspended until an agreement is reached. Sometime next years sounds about right, after they take all the superbowl cheating away. Yup, make them own up to all their cheating scandals, before he gets reinstated. That would be justice for the other 31 teams.

  158. girgandsonsllp says:
    Aug 19, 2015 5:34 PM

    Just wanted to respond to sueb45, bostontdparty, letmefeelyourlove and t38267:

    I am by no means stating facts. I am simply stating my opinion based on the wealth of information that has been thrown out there over the past few months.
    ________________________________________

    You say that you are simply stating your opinion. However, when you wrote, “Bottom line. He broke the rules willfully but the NFL will have difficulty proving it in the court room.” that comes across as a statement of fact, not an opinion that may or may not be true.

    I will take your word for it that you are merely stating an opinion, and do want to point out that your opinion (like all opinions … mine included) may in fact be completely wrong. Thanks for that admission.

  159. Well judging from the comments here and in addition to Judge Berman’s comments, the majority of NFL fans have finally circled the wagons on this issue. We stand behind the innocence of Brady and firmly believe Goodell is a narcissist. So unfortunate that so many millions of dollars had to be spent to confirm the obvious.
    Even Limakey agrees, I think.

  160. Bushwood, the Wells Report clearly stated there was no direct evidence. However, the judge has not mentioned one word on any of the circumstantial evidence linking Brady to the scheme. He has not addressed any of the conflicting testimony that did play a role in the ruling. We are only hearing parts of it. What is being said behind closed doors is a whole different picture.

  161. Not a fan of the Pats or the Colts.. have no skin in the game here.

    As this continues, it becomes more and more apparent that this entire incident was an enormous overstep by the Goodell. The question I don’t see asked though is “Why?”.

    Why do this? Why create an enormous distraction during the Super Bowl and drag it out so it lasts the entire off season. Why deliberately allow false rumors of all the balls being deflated to flourish in the media. And it’s being done to one of the highest profile players in the league. Not to mention a player with a squeaky clean image. Why???

    I understand that Goodell and the owners greatly enjoy the fact that the NFL Commissioner is the most powerful commissioner in all of professional sports and desperately want to keep it that way. But that just doesn’t seem like enough of a reason to do this.

    Am I the only one that feels like there’s a big piece of information that isn’t public?

  162. What is being said behind closed doors is a whole different picture.
    ===
    Assertion of facts not in evidence.

    Stop doing that.

  163. hairpie2 says:
    Aug 19, 2015 1:28 PM
    The disgusting part is the stolen draft picks. that makes me sick. i dont understand how the league will explain that at the draft next year.
    =================================

    I hope NE does whatever it takes, pay whatever price it has to be, to trade for the first pick in the 2nd round (32, since there will be only be 31 “1st rounders”)

    lol….

  164. I love how all of the Goodell Youth keep saying “let’s hear from the two ball boys”, or “put the two ball boys under oath”, yet they never stop and wonder why it is that they haven’t yet heard from the two ballboys.

    Wells interviewed them, and Goodellbot could have called them to the appeal hearing, but didn’t, and not a word of either of their testimonies has been entered into any record.

    Of course when the Goodell Youth try to put 2 and 2 together, they get 5, which results in all sorts of delusional fantasies about where the ball boys are now, and what they are doing.

  165. Rootpain, I disagree. As much bickering that has gone on between fans here, one thing we all should thank the Commissioner for is he kept the government out of this in regards to the investigation. And he again, opened the door to the fans to openly debate issues and procedures that were once handled behind lock doors. He brought the public in. As much as you hate him, he has, again opened the doors that will never be shut again

  166. Thank goodness that Roger Goodell petitioned Judge Berman to unseal all the documents in this case. Goodell has opened the doors for all of us. Obviously Goodell wants all league matters to be as transparent as possible. If not for Goodell we woild not know what complete an utter lying scum NFL Executives are.

    In my best Jim Gaffigan voice……

    Thank you Roger Goodell

  167. Stretching this out as long as possible is definitely in Brady’s best interest. There is no way any judge would allow the league to carry out its suspension against him until the case is resolved and every appeal exhausted. They will slap an injunction on the league and Brady will be permitted to play.

    And with the pace at which our legal system moves, that could take years.

  168. I feel like Cry Brady made this whole thing like a Kangaroo court and lied thru the whole thing for not facing it like a man!!!Look he is going to lie his way thru this and teach kids if you lie and keep lying you can beat the system!!! because your Tom Cry Brady!!!

  169. truthprofessor says:
    Aug 19, 2015 1:20 PM

    wow,

    reading the tweets of the press who were there.

    the nfl got roasted.

    ——————————————————–

    Ahem. Of course, Judge Berman primarily questioned the NFL and not Kessler.

    The NFL brought a much stronger case to bear and Judge Berman is trying to punch holes in it to get the NFL to come to the bargaining table.

    Kessler’s has a weak case against the NFL and he knows it. Questioning that legal team isn’t going to produce any results.

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