With next court date coming, no momentum toward Brady settlement

AP

On Monday, the NFL and Patriots quarterback Tom Brady return to court for a third — and presumably final — hearing regarding the legality of the four-game suspension imposed in May on Brady. While Judge Richard M. Berman has done his best to try to push the two sides toward a settlement, there’s no indication that any progress has been made.

Then again, there’s no reason to make progress in advance of Monday’s in-court proceedings, where Judge Berman once again will try to twist arms. It’s already a deadline-driven business, and there’s no deadline like appearing in court before a judge who will be issuing a ruling soon, absent an agreement.

The NFL and NFL Players Association have jointly requested that Judge Berman issue a ruling by September 4, six days before the Week One game between the Steelers and Patriots. Judge Berman hasn’t promised a decision by then, possibly hoping that the uncertainty will push the two sides closer together.

A settlement remains possible even if not likely, especially if Judge Berman tells the two sides that there will be no clear winner and no clear loser if they force him to issue a ruling. For example, he could kick the case back for another appeal hearing with a different hearing officer, or he could rule in the NFL’s favor but enter an order allowing Brady to play while the appeal process above Judge Berman plays out.

107 responses to “With next court date coming, no momentum toward Brady settlement

  1. In total contradiction to the opinion of this site, I hope Judge Berman rules correctly.

  2. Imagine how bad that would be for the league if Brady is allowed to play until he retires, then the ruling. It just once again be different rules for Patriots.

  3. If this case was such an easy win for Brady and the NFLPA, as so many proclaim, Judge Berman would have ruled by now. And he certainly wouldn’t be trying so hard to get the two sides to settle.

  4. I wouldn’t be surprised if the judge rules from the bench tomorrow. Neither side is going to settle. He has to know this by now. The NFL will never get an admission of guilt and they will never accept just a fine.

  5. 4 games, should have been the entire year for Shady & Belicheat who are serial cheaters.

    ****

  6. Berman himself has already raised enough points on adherence to the correct CBA process as well as general fairness of the proceedings to suddenly do an about face

    My only question is the degree to which he chastises Goodell and the owners for failing to ensure a fair process conducted with integrity. Berman and most District Court judges are sick of Goodell clogging up their dockets because they think the CBA gave them the right to fabricate evidence and act like dictators. Berman seems to be gearing up to call for that

    What would be VERY interesting is if Berman placed a stay on the 4 game suspension and called for a fair and neutral appeal, in which the Wells notes were made public and the Pats could question the c0-author of the Wells Report, Pash.

    I think we’d find a lot in those notes that shows what Pash edited out from the report (like the 7 hours of sworn testimony by Jastremski and McNally – you know – the stuff the League didn’t want you to see)

    But I for one am sick of Goodell wasting tax dollars because he thinks the CBA made him Dictator of Football. And bear in mind, most of the owners back this guy.

    We don’t need a new Commissioner – we need new owners if we want integrity in the game of football.

  7. malleng says:
    Aug 30, 2015 9:26 PM
    Just postpone the decision until 4 weeks of the regular season have passed… problem: solved.
    ___________________________________

    The judge will issue an injunction allowing Brady to play until a decision is reached.

  8. Brady doesn’t want a settlement he either wants to be exonerated or stay with the 4 games knowing that he tried to clear his name. The court date is happening whether the NFL wants it to happen or not unless the findings of the Wells Report are admitted to be false by the NFL but I doubt that will happen.

  9. It is amazing how quickly the haters read and jump on what get’s posted here but can’t seem to be bothered to look at the now publicly available documents that clearly show just how duplicitous the league office had been during this witch hunt.

    No reasonably intelligent human being could review what is readily available and ever trust anything that comes out of 345 Park Ave. Maybe if it was written in crayon with plenty of pictures it would help the sheeple get it but they probably still wouldn’t look.

  10. Thank you Mike Florio for you “fair and balanced” coverage of the NFL’s “prosecution” of Tom Brady. I have followed the NFL’s outrageous behaviors tied to Brady and the Patriots very closely.

    In January, I said, Ted Wells will not find anything to support the assertion the Patriots deflated footballs. Wells found out of context text messages from two intellectually limited employees. I was wrong… but I was right about which team would win the SB!

    In March, after reading the Wells Report, I said, maybe a team fine or loss of a late round draft pick for “failure to cooperate.” I was wrong again…

    In June, Brady met with the idiot Commissioner for appeal. I said, suspension will be reduced to 1 game for “failure to cooperate.” In July, the idiot keep outlandish suspension at four games. Also, he lied about TB12’s participation in the “prosecution.” I was wrong for a third time.

    Now on the last day of August… I say, Judge Berman will dismiss the case on the basis of “fundamental fairness clause.”

    I have to be right at least one time…

  11. The judicial decision will be (or should be) based on the whether the commissioner has the legal right to determine player discipline as both decision maker and arbitrator… which of course the NFLPA provided to the commissioner in the last CBA. Nothing else. I know you don’t want to hear this pats fans, so thumbs down all you want, it won’t make a damn bit of difference to me or the judge.

  12. .
    @cwwgk

    ” If the case was such an easy win for Brady and the NFLPA, as so many proclaim…. ”

    Where are the proclaimers? I never read anyone saying that this will be an easy win for Brady and the NFLPA. As a matter of fact, I read just the opposite.
    .

  13. Brady will never be exhorated. The NFL gave Brady’s team an opportunity to file a motion during the appeal to have Pasha testify. Brady’s team didn’t do it then. Pash not testifying will be seen as a no foul no harm type of thing. It would not have changed the outcome of Goodell’s ruling.

  14. No surprise. What my question is, is how could he not have a decision rendered tomorrow? Hes heard everything. The NFL has no information that Brady cheated other than their continued lies they tell. Brady isnt accepting any punishment because hes done nothing wrong.

    Give a decision tomorrow and end this idiocy. I have no enthusiasm for watching the NFL anymore and im sure other fans feel the same way.

    I watch and i wonder what corrupt things are going o from the League Office fixing games thru the refs.

  15. 0.2 psi

    you haters are telling me they took 0.2 psi out of the footballs

    and that’s just if you throw out the ref’s best memory of the gauge he used, or else it would be 0.0 psi

    this a a farce

    Brady is 100% innocent

  16. There clearly was no fairness to the process from beginning thru the appeal. Is it really the Well’s report ? Or is it really the Pash report? Ted’s pockets are full, and that’s how they’ll stay if he just stays quiet! I would love to see Well’s original report with all notes. Until all is exposed for Brady to see why on earth would he agree to accept the Well’s report! Not to mention, THERE WAS NO DEFLATION TO BEGIN WITH!!!

  17. Sorry Judge no incentive to settle on either side. Now do what you should have done weeks ago.
    “CBA was agreed upon by the Union, I have nothing to add, 4 games stands”

  18. If this case was such a slam dunk for Brady, as so many proclaim it to be, Judge Berman would’ve ruled by now. And he certainly wouldn’t be pressing so hard for a settlement. A very common tactic for a jurist who doesn’t want to rule the way he or she knows the law requires them.

  19. On the first day of court, Judge Berman asked the NFL’s lawyers “Do you have any direct evidence against Tom Brady?” and they answered “No, we do not, your honor”

    Case closed. The rest is just media theater. The NFL has no evidence, just conjecture and false accusations. The law dictates that Berman must overturn the 4 games due to lack of evidence.

  20. It has to be settled in court now. And Goodell has ensured that the only way left will absolutely interfere with both Brady and the Patriot’s regular season preparation as much as possible. So Goodell will carry this to the bitter end unless the owners step in ahead of time and end this circus by firing Goodell.
    Goodell the narcissistic prune will go down as the worst commissioner in any professional sport, ever. He will be listed in the Who is Who of Incompetent Executives.
    I also know for a fact that Limakey agrees with me on this point. I think.

  21. “The judicial decision will be (or should be) based on the whether the commissioner has the legal right to determine player discipline as both decision maker and arbitrator… ”

    Nowhere in the CBA does it say the commissioner and league may release false information as fact to help show cause to punish a player.

    Nowhere in the CBA does it say the commissioner and league are allowed to give false information to the accused as factual information.

    Nowhere in the CBA does it say the commissioner and league may have one standard for the Colts and one for the Pats and just ignore the fact that 3 of the 4 Colts balls were under 12.5 psi and conveniently “run out of time” to measure the other Colts balls. It would not have fit their narrative to have 9 of the 12 Colts balls under 12.5 psi as logic would indicate the numbers would play out

    etc etc

  22. cwwgk says:
    Aug 30, 2015 9:19 PM

    If this case was such an easy win for Brady and the NFLPA, as so many proclaim, Judge Berman would have ruled by now. And he certainly wouldn’t be trying so hard to get the two sides to settle.
    _______________________________

    This is poorly reasoned and frankly, really stupid. I don’t opine on medical opinions because I don’t know anything about the subject. I would advise you follow similar advice.

    For what it’s worth, Judge Berman has been on a REMARKABLY expedited schedule in this case. It’s generally UNHEARD OF for a SDNY judge to rule on a case this quickly. And yes, he wants them to settle, for a lot of different reasons, but the fact that he seems likely to rule on the merits before the season starts, which is about 6 weeks from the date this case was filed, is simply remarkable. The quick apparent resolution of this case coupled with his strong anti-league posture in questions strongly suggests to me this is going to be a scathing opinion, ripping (appropriately in my view) the NFL for its blatant violation of minimum due process requirements in arbitration.

    Thanks for weighing in Lester, but just like you’ve been wrong on everything else about this case, you’re wrong about this.

  23. What would have been normal procedure in a case like this would have been the issuance of an injunction allowing Brady to play while the case was resolved over the course of several months or the better part of a year. The fact that Berman has not done this yet suggests strongly that he’ll rule from the bench, and based on what I’ve read to date, that definitely does not bode well for the NFL.

    But I get it, you stayed at a Holiday Inn Express, so you understand our legal process. Just be careful operating on yourself cochise.

  24. The Judge will rule in favor of Brady and the NFLPA. Goodell had already made up his mind when he ordered Wells to conjure up garbage to prove his opinion. Kensil was in on the sting. Goodell was in on the sting by sending Kensil to the game. Pash was in on the sting editing the Wells report.

    The process was not only flawed and not impartial, the process was corrupt from the top and yes thats you Goodell, Pash, Kensil and Wells. You are all guilty of running a failed sting operation. These actions violate the CBA and Federal Labor Law. Nice try liars.

  25. cwwgk says:
    Aug 30, 2015 9:53 PM

    If this case was such a slam dunk for Brady, as so many proclaim it to be, Judge Berman would’ve ruled by now. And he certainly wouldn’t be pressing so hard for a settlement. A very common tactic for a jurist who doesn’t want to rule the way he or she knows the law requires them.

    _________________

    I see you’re still out here spouting. Really? Have you EVER tried a case? I strongly doubt you’re a lawyer, and if you are, you’ve clearly never practiced. Everything you’re saying is not only wrong, it’s so obviously wrong that every 1L in the country can tell you so. 6 weeks is an extremely fast resolution, particularly in the SDNY. Thanks for playing, dude, now just go ahead and stop spouting nonsense.

  26. The Haters continue to insist that Roger Goodell has no responsibility to act in a fair manner in conducting an investigation, determining punishment, and considering a fair appeal

    Berman is ALREADY on record affirming Goodell DOES have a responsibility and has even made Kessler’s points before Kessler himself could raise them. A word of warning to the Haters – don’t be expecting Judge Berman to ignore the failings of the NFL’s case that HE HIMSELF pointed out

    Yet the haters parrot the NFL party line “Goodell could execute players in a firing squad – the players gave him that right in the CBA” nonsense

    The CBA didn’t give Goodell the right to fabricate a scandal and Judge Berman has effectively already said so

    Prepare yourselves haters – you’re looking at a bad day coming up given how much time and obsession you put into being jealous of the Patriots

  27. The reason this is a slam dunk, btw, is not because Brady is or is not guilty of deflating balls (although if there’s no evidence that he was guilty of this, and the arbitrator ruled otherwise, that would be evidence that the arbitrator was “evidently partial”), it’s because the NFL’s entire argument has been wrongheaded. You can’t simply claim the CBA allows you to make stuff up as you go along. No principle of contract or labor law supports this reading of the CBA. Moreover, the Federal Arbitration Act sets minimum standards for arbitration hearings. Yes, they are extremely deferential to the arbitrator’s factual rulings, but not to obvious procedural defects. What we have in the NFL’s case are procedural defects so problematic that I’ve yet to meet a lawyer who’s heard of any ONE of these types of problems in an arbitration hearing (arbitrator ruling on his own investigation; arbitrator blatantly mischaracterizing witness testimony in ruling; arbitrator refusing access to key witnesses; arbitrator represented by counsel that also conducted the investigation, etc.), let alone all of these in one hearing. When the NFL’s sole remaining argument is “CBA lets us do whatever we want” that’s so obviously a loser I can’t honestly imagine another outcome, even baking in the fact that judges are notoriously hard to predict.

  28. MOMENTUM is with Brady right now and there is no need for a settlement with the NFLL = National Football League of Liars.

    Message to Kessler – DO YOUR JOB

    Message to Berman – DO JUSTICE – No Partiality

    Message to Goodell – You – Integrity ? = LIAR

  29. There has been nothing unfair about the process. Nothing. It seems to me that the only unfair argument that has been made is that Tom Brady was challenged on his cheating

  30. swagger52 says:
    Aug 30, 2015 9:19 PM
    Imagine how bad that would be for the league if Brady is allowed to play until he retires, then the ruling. It just once again be different rules for Patriots.

    ————————————

    Oh, you mean like Pat Williams? So right now I guess the rules must only be different for the Vikings.

  31. The only TRUE fair resolution for BOTH sides is a full on no holds barred completely transparent trial with a neutral impartial judge. I’m talking all of pash and wells notes… All of Brady’s texts… Belichocks texts. Referees gauge testimony. You name it and it’s fair game. That’s how we get to the closest thing to the truth in this country.

    The only thumbs down this post should get are from those who are homers for either side or simple justintuckrule haters. Truth seekers should flood the thumbs up

  32. whitetrash69 says:
    Aug 30, 2015 10:41 PM
    The only thing worse than a cheater is a cheater who gets caught then whines about fairness. The suspension will be upheld.

    NO, the worse thing is to live outside 5 out of the 6 New England states. You can have Connecticut.

    Whitetrash69: How many championships has your hometown teams won in the last 15 years? I will even allow you to count college teams…

  33. superpatsfan3 says:
    Aug 30, 2015 10:26 PM
    Still, no questions about the Colts having 75% of their footballs underinflated. I wonder why that is.

    ————————-

    Because it undermines the narrative that the commish and the league office are trying to shove down everyone’s throats.

  34. If it was so outlandish the judge would have thrown it out.

    I know Pats think they have squatters rights on cheating but the other owners have grown tired of it; better late than never I guess.

    BTW, why do coaches from Belichick’s tree always fail? It’s almost like Bill’s approach isn’t special and something else comes into play.

    Wonder what?

    #Fines
    #Deaftpicks
    #Guilty

  35. For those of you that know little of how the court system works, there are questions law and questions of facts. They’re separate.

    The facts are in Brady’s favor; so much so that if this ever went to a real court instead of the NFL kangaroo court with Goodell presiding it would have been thrown out.

    The law in CBA cases require fairness in arbitration and a arbitrator that is equally willing to find for either party but courts don’t like to set a precedent of over-turning the decisions of arbitrators because arbitration keeps cases off of the courts’ dockets. Here, Goodell’s actions are so over the top that the judge may very well say the NFL loses on the law as well.

  36. Even though Brady’s guilt relies on conjecture, reasonable people can agree to disagree whether the Pats or Brady are guilty of anything.

    What we should all agree is that the NFL screwed this up.

  37. The fact that Judge Berman is pushing both the NFL and Brady for a settlement is not any sort of indication that he favors one or the other. It is more the reality that he wants this thing ended in his court and not simply bumped up on appeal. Given the impasse that exists my bet is that he will send it back for another hearing with a court approved, impartial arbiter.

    If you think that Berman is simply trying to settle this case and remove the possibility of an appeal dragging its way through the Federal courts for years, this seems like the best way to accomplish this if a settlement is out.

    As a Brady fan I’m all for it. He claims innocence and the evidence against him is far from compelling. At this point I think that all of us fans on both sides deserve to have both sides exposed to public scrutiny.

  38. The owners have got to wonder what they’ve gotten themselves into.

    Who’s brilliant idea was it to suspend the best player in the league. Hey, we have this really successful league, let’s shoot ourselves in the foot by suspending the best player we have.

    Why are you suspending him? We think he may have been part of a scheme to let air out of the footballs.

    Let what out of the footballs? A little air? Really? A little air? Bahh hahahahaha

  39. Let what out of the footballs? A little air? Really? A little air? Bahh hahahahaha

    ==========+

    Good point, Pats should be able to decide what rules are worthy to follow.

    And many aren’t based on Pats’ history.

    #Kraftadmittedguilt
    #Twice
    #Tainted

  40. Roger Godell and his Marcia Clark lawyer team = Keystone Cops as they have botched this left and right
    Brady and his Johhny Cochran like team of attorneys are gonna wiggle through any loophole and Brady will suit up for opener.
    And would the commish usually be at the Thursday night opener?
    Wonder what the lines are in Vegas for whether Brady or Goddell are in Gillette Stadium for the opener.
    I will guess:
    Brady 6/5 he is there, ( and suited up cause if suspended I don’t think he is allowed in the Pats facilities)
    Roger 1000-1 he doesn’t show for game. 125-1 if Brady isn’t there……

  41. OK, I’ll say it: The NFL is stupid. Not the entire NFL but the bozoz’s that are telling Goodell what to do and Goodell for being a total putz and doing what they say. If Goodell had any courage whatsoever he’d tell the owners that this is a stupid waste of time and it is tarnishing the league. He’d better hurry and get to that conclusion because those very words will probably be said by Berman tomorrow morning and once that happens the NFL will look like a league made up of a cluster of rich folks with no common sense being represented by the back end of a horse. This entire process was so unnecessary. What a black eye for the NFL.

  42. Naive Patriot fans never really understood this… but yes, why WOULD the NFL want to suspend its marquee golden boy QB who amps up the TV ratings? Why WOULD the NFL shoot itself in the foot? It doesn’t make good business sense.

    The only possible reasonable and logical answer is because they must’ve found something so AWFUL they had to do something. And remember, just because you haven’t heard what it is yet doesn’t mean it doesn’t. You know, just like the cellphone thing nobody knew about until the league released that news.

    The answer is Patriots fans, the NFL has obviously uncovered a systemic and far-reaching cheating scheme by the Patriots the NFL simply cannot tolerate any longer.

  43. realitycheckbaby says:
    If he’s innocent why did Kraft admit they cheated AGAIN?

    Simple question.
    ______________

    No, it’s just from a simple mind. Because you make it up doesn’t make it so (Roger?). Hate to ruin your drivel with facts but here’s Kraft’s actual statement:
    “Despite our conviction that there was no tampering with footballs, it was our intention to accept any discipline levied by the league. Today’s punishment, however, far exceeded any reasonable expectation. It was based completely on circumstantial rather than hard or conclusive evidence.
    “We are humbled by the support the New England Patriots have received from our fans throughout the world. We recognize our fans’ concerns regarding the NFL’s penalties and share in their disappointment in how this one-sided investigation was handled, as well as the dismissal of the scientific evidence supported by the Ideal Gas Law in the final report.
    “Tom Brady has our unconditional support. Our belief in him has not wavered.”

  44. The sole legal argument of the NFL is that Goodell can do whatever he sees fit. Fairness isn’t a requisite. He has the power. If the judge finds this argument distasteful, he could show his feelings by kicking it back from whence it came for a new hearing with a new arbitrator.

    Berman has implied in his comments from the time this mess was assigned to him that it is not worthy of the court’s time. Sending it back would be like sending back a bad restaurant meal that you feel is not worth eating. It sends a message. It also gets the bad meal out of the court system.

    The NFL filed the suit to get legal confirmation. I can’t imagine Berman would be comfortable obliging them with that. The ruling against Brady is based on two sequential probabilities. If Wells felt that there is a two-thirds probability that a scheme was in place, and that there is a two thirds probability that Brady was aware of that original two-thirds proability, you’re already below a 50% probility, and the whole business of “more probable than not” begins to leak air, or BS, or ego, or bias, or spite, or whatever else it might be filled with.

  45. Well, I’ve read “all of these posts” and it is quite clear that one side is quoting the Laws and the other side is quoting emotions.
    In a jury trial, any jury trial, most of the people that post here would never be selected in a jury trial. Both the Prosecution and Defense would throw the clowns out.

  46. PATRIOTS

    Pattern
    Of
    Trashing
    Rules
    In
    Old
    Torn
    Sweatshirts

    Be men for ONCE and accept that you got caught for the third time breaking rules or as Belicheat refers to as : the interpretation according to the GREY HOODIE.

  47. Haters still cling to their lie that Brady is guilty when they nor the NFL can not cite any concrete evidence of his guilt.

    Goodell’s ego tripping has gone long enough. Judge Berman need to smack him so we can go back to football.

  48. As Judge Berman noted, there’s no evidence and the NFL wants everyone to believe that .2 psi was let out for zero competitive advantage. Goodell has spent over $10M on this one case and came up with zero evidence over .2 psi. Judge Berman will make Goodell 0 for 5 in federal court this week.

  49. It would be a travesty if our judicial system were to not find a way to right this situation, and revoke the powers of this top down corruption riddled organized crime unit that is the NFL League Office. It doesn’t matter if it passes text book legal analysis. It comes down to this: DO THE RIGHT THING.

  50. Whether Brady is guilty or not, this case before Judge Berman is to either confirm or vacate the appeal verdict. It has nothing to do with Brady’s innocence or guilt.

    I think this is what we will end up with:

    I don’t think that Judge Berman will rule as such that will vacate the whole thing and similar to double jeopardy, not allow the NFL to go after Brady again.

    Judge Berman rules for Brady, by wiping out the NFL appeal hearing and remands the case to a neutral arbitrator. (This, even though not a complete win for Brady, has to be a nightmare scenario for the NFL since additional evidence would be required like Pash, and transcripts of all the interviews including Jastremsky and McNally–ask yourselves, why were their transcripts not included in the Wells Report? You would think if there was something incriminating, it would have been included.

    Judge Berman also stays the suspension until the appeal is heard and ruled on.

    While I suspect that Brady would win in an appeal before a neutral arbitrator, you never know.

    Article 46 of the CBA does not allow Goodell to just do whatever he wants, Federal labor laws trump CBA and require a fundamental fairness in labor disputes. There is a reason the NFL has lost so many times in recent years in Federal Court.

  51. Oh, and all you people who hate Brady and the Pats, you WANT the NFL to lose this otherwise, Goodell will have not only his decision in the Brady appeal affirmed, but also his “absolute power” affirmed.

    Next time it might be YOUR team and YOUR star player.

    Ask the New Orleans Saints or the Miami Dolphins.

  52. justintuckrule says:
    Aug 30, 2015 10:52 PM

    The only TRUE fair resolution for BOTH sides is a full on no holds barred completely transparent trial with a neutral impartial judge. I’m talking all of pash and wells notes… All of Brady’s texts… Belichocks texts. Referees gauge testimony. You name it and it’s fair game. That’s how we get to the closest thing to the truth in this country.

    The only thumbs down this post should get are from those who are homers for either side or simple justintuckrule haters. Truth seekers should flood the thumbs up

    you’re right, I would love to see this in open court where Brady wins in a romp.

  53. Some people have said that the “Goodel & the NFL screwed up the hole Thing.”

    That is a major understatement as to What this is.

    Every step of the way was Premeditated by Goodel & the NFL to get Brady & BB. They failed to connect BB to anything and put 100% of the FRAME on Brady. The Well$ report is toilet paper because there was No Violation committed, yet Well$ was PAID to continue and to formulate the desired outcome.
    Goodel is PAID to do exactly what he is doing as he has been instructed by the Owners filled with Hate for the Kraft, Brady & BB.

    If you fail to understand this you will also vote for Hillary who has outdone her husband’s LIES.

    WAKE UP PEOPLE

  54. Kraft did not admit guilt when he accepted the punishment. Kraft’s entire statement was essentially, “I know this is a load of crap, but I have no real options. So for the good of the game I accept this BS punishment.”

    Through the release of documents related to this case it’s pretty obvious there are some incredibly jealous owners that would want Brady out of games just to stick it to the Patriots. One players suspension does not affect the marketing revenue stream so they at not really losing money if Brady sits.

    All these people still siding with Goodell after all his lies have been exposed and called out on by a federal judge, it’s just sad.

  55. It’s amazing to me after all these months when all you had to do was actually READ the Wells Report, repeat READ, the entire report that people still think this was a fair process. If you are a lazy, then Brady is guilty, if you are envious of the Patriots and their success, then Brady is guilty.

  56. Seriously, does anyone know what facts are? Kraft did not admit to cheating, he did just the opposite. As far as Brady’s cellphone, learn your facts! Brady was never asked for his cellphone during the Wells Investigation, he turned over all his phone records from the phone company. He was never told it was required or that he would be punished for it. I can understand all the haters out there, their team always losing to the Patriots. I can understand how some of the fans of other teams that lack second grade reading skills are upset. It actually makes me laugh knowing it takes this much effort to beat the Patriots. It makes me laugh that the Colts got man handled in the second half of the AC game.even if the NFL wins in court the Patriots are still gonna be sticking it in your teams ass. So don’t worry the Patriots will be coming to your stadium soon and taking another win because no matter what the outcome is in court the Patriots Organization as a whole will be the team that ruled this decade.

  57. If he was an honest guy with nothing to hide Brady would not have destroyed the cellphone. They don’t call them “The Deflater”…” Bill Belicheat ” and “Tom Shady” for nothing.

  58. thanks, but we’re about done with this story, 8 months of this (great job, NFL) is enough

    just reverse the suspension and shut up about it

  59. realitycheckbaby says:
    Aug 30, 2015 11:26 PM
    If he’s innocent why did Kraft admit they cheated AGAIN?

    Simple question.

    ———————————————————-

    Simple answer…. Your statement of “why did Kraft admit they cheated AGAIN? holds no truth what so ever. It’s a flat out LIE.

  60. Interesting that even with ESPN parroting their lies for months, a 5 million investigation edited by the league’s own lawyers, Goodell delaying his ruling until his attorneys were at the courthouse of their choice, and of course their impressive knowledge of 9th grade chemistry, the league looks like complete morons. Calling this incompetence is an insult to incompetent people.

  61. brendafortheboyz says:
    Aug 30, 2015 9:14 PM

    In total contradiction to the opinion of this site, I hope Judge Berman rules correctly.
    ———————–

    Don’t worry. He’ll do the right thing and rule for Tom Brady.

  62. Tom destroyed his cell phone… the act of a GUILTY man with something to hide. If you did nothing wrong why destroy the evidence???

  63. The reason why Berman has been tougher on Goodell is because the NFL isn’t really trying to work on a settlement. They are sticking to their guns. Brady’s camp/NFLPA are more willing to work out a settlement.

    There could be a couple reasons for this. The NFL knows or at least strongly thinks that Berman will ultimately side with them so Goodell sees no reason to work out conditions under Brady’s terms, or Goodell would just rather have the courts rule so he doesn’t look like he backed down.

  64. What still gets to me is that very few people, including those who want to see Brady crucified, really get the import of what the NFL is trying to do.

    If the NFL wins here, or if either Brady or the NFLPA cave, the NFL will have set a precedent that will prove ruinous for players, team administrations and coaches. The precedents set will include:

    1. The NFL can routinely demand cell phones as part of any “investigation” it chooses to conduct;

    2. If a cell phone is not turned over, it will allow the NFL (or its investigators) to: (a) immediately determine the person is not credible; (2) fine them; (3) ban them from games (note here, police can’t demand this without a court order);

    3. The NFL will be able to apply any “standard” it has ever published against any person or entity, regardless of whether it was directed at that person, was read by that person, or was ever considered before by anyone to apply to that person;

    4. The NFL will be allowed to affirm any ruling on any ground, whether or not that ground was ever even brought up in the original “findings”;

    5. Roger Goodell will have, basically, unlimited powers against any player or team. He will indeed feel completely free to act as judge, jury and executioner;

    6. Goodell will be able to apply any punishment he deems fit, regardless of whether it is completely and totally out of line with any punishment previously used for the same infraction;

    7. Teams will feel free to try to remove players from any other team by getting the NFL to start a witch hunt; and

    8. NFL personnel will feel free to lie to reporters about key facts, to damage the reputations of any player they want, and they will know they will get away with it.

    So, Houston, suppose it happens to J.J. Watt. Dallas, to Romo. Seattle, to Sherman or Lynch? Miami, to Suh. Minnesota, to Peterson again.

    If Goodell is allowed to run unchecked, it isn’t a question whether it can happen, the questions will be when will it next happen, and to whom, and whose competitive agenda is being served by the next Goodell witch hunt.

    When it really comes down to it, what do we really know in terms of actual facts?

    Were the balls actually deflated by anyone? We don’t know. My estimate is it’s more likely than not they weren’t.

    If so, who did it? We don’t know. Likely one of the Patriots ball handlers.

    Is so, did they actually intend to deflate balls under 12.5 p.s.i.? We don’t know. Even if we got to this point, it’s far more likely than not, given the information that’s actually public, no such intention ever existed.

    Was Tom Brady aware the balls would ever be deflated at all? From his testimony, he asked the ball people to tell the OFFIIALS he wanted the balls inflated to 12.5 p.s.i.

    Was Tom Brady ever aware his team’s ball handlers would ever deflate the balls to less than 12.5 p.s.i.? Extremely unlikely. I repeat, extremely unlikely, given the information we have (and I’ve read the reports, the findings, the briefs and the transcripts).

    Why did Tom Brady refuse to turn over his cell phone? Two reasons. First, privacy. The only other person ever to turn his cell phone over to the NFL (Incognito to Wells) wound up having “anonymous sources” splash a whole bunch of salacious text messages that were wholly unrelated to that case, across the internet. Second, neither his lawyers nor the NFLPA wanted him to. Again, it would have set a HUGE precedent concerning Goodell’s power to demand cell phone in the first place.

    Why did Brady destroy his prior cell phone. If anyone actually reads his testimony on this, they’ll see he had a very valid reason for doing so. He’s also not a lawyer, and had never had any information that such destruction (which was routine for him) would have any negative consequence.

    In conclusion, a lot of people are ignoring the potential consequences to their own teams and players of the NFL’s attempts to set precedent with this case. Second, in terms of the actual evidence of any wrongdoing by Brady, it simply is not there.

    Prior judges, either acting as arbitrators or acting in their judicial capacities, have politely slapped Goodell down. It hasn’t stopped him from continuing to try to enhance his powers – via the expensive, time-consuming and emotionally-draining processes of sham hearings, sham appeals, and mismanagement and mischaracterizing of information. I’m hopeful the judge in this case isn’t so polite. A good, harsh smack-down of Goodell might finally get through to him and his people that they have to stop the kangaroo courts.

  65. The comments are so predictable. The Patriot fans are still in denial and very combative.

    The circumstantial evidence is clearly stacked against Brady. The actions he took were those of a guilty man. Texts with people he claimed not to know. Gifts to those guys. Inspected balls taken to the bathroom. More texts and calls to guys he doesn’t know. Destroyed cell phone. Acting crappy to the investigators. Seems that his top-notch advisors would have told him to act innocent. Guess his agent wasn’t so smart.

    If he was innocent – Why did he act so guilty?

  66. Seeing the lovers and the haters cannot agree, I vote we carry this war all the way into the next off season. An entire year of this cloud hanging over the NFL.

    And I know for a FACT that it is hurting the NFL because I don’t watch them like I used to. That’s right, I used to watch almost every pre-season game. I loved the the NFL network broadcast almost all of them. And now I just look at it and think to myself that all of the broadcast partners are in the bag. I think the refs are in the bag. I am suspicious of the whole league now. The NFL has made it apparent that they lie and break labor law in order to get what they want. I doubt I would ever trust the outcome anymore.

    And that is sad, because I was a huge fan of the game. For now I will still watch the Patriots games, but all of the rest is too tainted for my tastes.

    I’m stunned that the NFL could get to the point that it turned off me. One of their most ardent fans doesn’t even trust the product any more. To me that is the beginning of the end.

  67. Defscottyb- pretty obvious you are nothing but a headline reader. Tom upgraded to an I phone 6, GoodelL knew Tom wasn’t going to give him his cell phone, he didn’t have to per the CBA. Wells had all the cell phone from Patriots non Union employees, any text from Tom was on them.
    TB 12 GOAT!!

  68. It is disheartening to see the amount of fans that are so blinded by hate and revenge that they are willing to see Brady falsely accused and unjustly penalized.

  69. I’m fascinated by the complete disconnect between how fans, players and media view Goodell, and how the owners see him. Regardless of what you may think of Brady’s guilt or innocence, I think there would be widespread agreement that Goodell has made a complete mess of this file, just as he has countless other issues. A majority of owners, though, still seem to be firmly in Goodell’s corner. For the love of God, why? Can’t they see that he’s a drag on the League’s image, and that replacing him would make them just as much, likely more money but with less PR problems? I don’t get it…

  70. Judge Berman is either going to rule in favor of Tom Brady, or send the whole thing back for a real arbitration hearing, with a truly impartial arbitrator.

    And then that person will rule in favor of Tom Brady.

    Hopefully, at that point, the NFL finally decides to drop the charade.

  71. One part of this case that has been under reported is the the balls that were inflated to 16.0 psi in the Jets game. There appears to have been an active effort to impair Brady’s play by someone with ties to the NFL. Brady responded by calling the NFL’s attention to that incident and telling them to inflate the balls to 12.5 psi. Interestingly, instead of investigating that event, the NFL made Brady the target, with no evidence. Was it both pay back and deflection?

    The NFL has tried for years to make its New York based team in the AFC more relevant but their play on the field has not been up to the challenge. The NFL has also been promoting the Colts and Andrew Luck as the heir apparent to the Patriots and Brady in the AFC. Of course, the Patriots dominate Luck and the Colts. Could it be that the NFL is trying to do the Patriots and Brady through the commissioner’s office what the Jets and Colts couldn’t do on the field?

  72. Gregdixon 3300 erote:The comments are so predictable. The Patriot fans are still in denial and very combative.

    The circumstantial evidence is clearly stacked against Brady. The actions he took were those of a guilty man. Texts with people he claimed not to know. Gifts to those guys. Inspected balls taken to the bathroom. More texts and calls to guys he doesn’t know. Destroyed cell phone. Acting crappy to the investigators. Seems that his top-notch advisors would have told him to act innocent. Guess his agent wasn’t so smart.

    If he was innocent – Why did he act so guilty?
    ———————————————————–another headline reader! There are NO texts with people he didn’t know .McNally who he knew as Bird, was NEVER sent a text by Tom.NO gifts, as he said under oath he always signed what was left in his locker to sign. Upgraded cell phone, Wells was told he wasn’t handing over. A direct quote from Wells”Keep the phone” another quote from Wellls Brady was after 5 hours of testimony was ” Totally cooperative”.
    Read more than just headlines!

  73. Just lock up the NE Cheaters and the NFL administrators in one room. No one is allowed to leave until resolved. Schedule WMA style matches. I think the bouts should last all season. Main event might be Tom Terrific vs Carrot Top.

    Seriously, folks, we have one team who continually refuses to play by the rules. When they get caught, it’s everything/everybody else in the world fault. What would society be like without a structure, or set of rules? FOUR major cheating scandals, and they, now claim to be the
    victims.

    If it walks like a duck, quacks like a duck, and looks like a duck, chances are damn good it’s a duck. (more probable than not) or who would benefit most in a contract dispute.

    Sure smell like a pile of some dark brown stinky matter!!!!

    .

  74. Prediction…

    The Judge will try to intimidate the NFL. Good luck with that. They can’t “tuck” on this and be left with all their guilty players taking the NFL to Court.

    Thus, Brady will accept the four game suspension, but he will claim…

    I am innocent but I am doing this for the team. The homers from New England just love all that better-than-thou self-righteousness.

  75. Return the draft picks, return the money and vacate the four game suspension.

    As a concession to the NFL, if Goodell makes a full public apology, he won’t be immediately fired.

  76. I have news for you NE fans..

    This case is not like OJ being freed because his murder could not be proven.

    This case would be about the Judge intervening to upend a CBA agreement that has worked for every other caes except Brady. What grounds could the Judge claim that he knows better how to run the NFL than the NFL owners and the commissioner?

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