Judge Berman’s ruling may contain a warning for the NFL

AP

When reviewing a written ruling from a court, lawyers have a habit of going to the last page and working backwards. Judge Richard M. Berman surely knows that this happens, which means there’s a chance he included a specific message for the league’s lawyers at the very end of Thursday’s ruling in the Tom Brady case.

And the message may have been, “Appeal this decision at your own peril.”

Appearing at the top of the last full page of the 40-page ruling is the list of claims from Brady and the NFL Players Association that Judge Berman saw no need to address, including: (1) whether Commissioner Roger Goodell was “evidently partial” in presiding over the appeal of Brady’s suspension; (2) whether Goodell’s conclusions regarding Brady’s knowledge of and involvement in the alleged deflation scheme exceeded the findings of the Ted Wells report; and (3) whether Goodell undermined his competency to serve as arbitrator by publicly praising the work of Ted Wells.

So if the NFL, which already has filed a notice of appeal, pursues the appeal, wins the appeal, and forces the case back to Judge Berman for proceedings consistent with the decision of the U.S. Court of Appeals for the Second Circuit, Judge Berman can take up those issues — and once again scrap the suspension. Or, at a minimum, he can order that a second appeal hearing occur.

Which means that the case could be tied up even longer in the courts, and that the eventual ruling (if the NFL wins its appeal) could directly undermine the Commissioner’s powers in future suspensions.

The NFL may not have thought of this. Frankly, I hadn’t thought of it until someone smarter than me (it’s a low bar) alerted me to the angle.

The more I think about it, the more sense it makes. The NFL should consider the situation carefully before deciding whether it makes sense to continue with its appeal.

109 responses to “Judge Berman’s ruling may contain a warning for the NFL

  1. Goodell has had numerous chances to end this with dignity, everything from Kraft’s gentlemanly quid pro quo to just requiring his own executives to not be 9th grade chemistry dropouts. He has escalated it every time. By the 2016 draft we may see him go full Lois Einhorn.

  2. I think we all know that rich and famous people can buy their way out of things. This shouldn’t surprise anyone. It’s not groundbreaking at all.

  3. baltimorons says:
    Sep 3, 2015 9:37 PM

    Apparently you can’t punish someone for blatantly cheating over and over again

    ——-
    no, like i’ve been telling you, you can’t just make up crap because you got schooled and think you’ll get away with it.
    there’s no evidence, Berman saw through the bull, just as any fair minded person would have.

  4. I’m a Patriots fan who wants to see the NFL continue with their appeal for the following reasons: (1) The NFL will lose again and, apparently, they haven’t learned their lesson. (2) Roger Goodell needs more public humiliation. (3) This will finally force the league to take a closer look at the commissioner position and what they want to do with it going forward. Right now, most of them really believe how the league carried on its business in this whole matter was okay. Judge Berman, unfortunately, did not get through to the children. They think they are smarter than he is. Having more money doesn’t always mean you are smarter than a federal judge – far from it.

  5. Someone who really loves Goodell needs to get him some help. I’m being serious. The man is a train wreck. Sure most successful leaders and even unsuccessful leaders have narcissistic tendencies. But Goodell is over the top. Please. Somebody help him.

  6. NFL has a ZERO chance of winning this appeal. What appllate Judge is going to reverse a decision in which there was no evidence to punish Brady in the first place.

    Nice Try Goodell. You continue to prove how stupid you are every step of the way.

  7. .
    Often when an insecure man gets into a position of power, he’ll surround himself with yes men, toadies and lackeys.

    At that point there’s no one to tell the emporer that he has not brains.
    .

  8. The supreme law of the land guarantees the right to due process in all matters. The NFL and NFLPA can make any contract they want but if denies due process it isn’t worth the paper it’s written on. If you think Brady had his due process you are ignorant, illiterate, stupid, or a liar.

    Thank goodness Berman made the right choice. Goodell is the exact thing our country was AGAINST from the beginning. It is Bermans sworn duty to protect the people from this type of corruption. NFL needs to figure it out.

  9. Apparently you can’t punish someone for blatantly cheating over and over again.

    ————————————————-

    As long as there is credible evidence to use in someone’s case, they don’t make up the rules as they go along, and they have nothing to hide in front of the judge, cheaters should be punished. Unfortunately, Roger Goodell pretty much lied in Brady’s transcript (which the NFL requested to be sealed from the very beginning) and Judge Berman is no biased idiot.

  10. foxboroempire says:
    Sep 3, 2015 9:48 PM
    Brady beats all your teams and now he beats the NFL. The guy is the GOAT and the biggest winner in NFL history. The drive for five begins a week from tonight.

    Brady didn’t beat my team last year. Got lucky in the Super Bowl. Quit the smirking…it’s really not becoming as your history precedes today.

  11. Goodell won’t be able to help him himself. His omnipotent God-like veiw of his own ultimate authority over all of mankind and humanity has been usurped.

    How dare a puny Federal Judge challenge the Universal Overlord’s pre-ordained Supremecy over the entire Cosmos? He must be forced to kneel and exault in his absolute divinity .

  12. Can we please just get back to football on the field. Everyone knows the Patriots are cheaters & their championships are tainted. We are also so sick of hearing about court cases.

  13. baltimorons says:
    Sep 3, 2015 9:37 PM

    Apparently you can’t punish someone for blatantly cheating over and over again.
    ————————————————————-
    I guess it would help if you could prove that it happened even one single time. ‘Cuz in the absence of even that, you simply sound like a bitter Ravens fan still wondering how a professional kicker could miss a 13 yard field goal.

  14. Berman was only ruling on “process” and he could not exonerate Brady with his ruling,

    but…

    the NFL was every bit as sloppy with its fact-finding as it was with its rule enforcement. He knows it, and he believes Brady is not guilty. This is a way to stick up for what is right.

    He is to be applauded for that.

  15. Four out of five judges would have ruled against Brady. This was an activist judge with a ax to grind. The verdict will be overturned.

  16. The odds of a successful appeal against Berman were in high single digits (9% max) already: Berman has halved that by his last page warnings. Brady likely WON’T pursue a defamation of character lawsuit against Goodell, Kensil and the NFL, but all bets are off if Goodell tries to appeal the Berman ruling. At least $10M out of NFL coffers to pay for this latest Goodell gaffe (including the bad joke Wells Report and Kensil’s frame). Owners aren’t going to let Goodell dig himself any deeper and blow even more cash. Next up from NFL exec committee (owners): a ‘blue ribbon’ committee to examine how player discipline is handled in other professional sports leagues worldwide.

  17. I love how people are saying that people of power buy their way out of situations- referring to Brady. The NFL has more MONEY and POWER than Brady or Kraft, and they paid Wells to say they were right, changed the report, claimed attorney-client privilege with the alterations in the report, used it to say they had proof, and then used it to say they were right with Brady. They abused their power and tried to buy their way out and the judge saw through it.

    Brady should change his number to 0.2 to spite Goodell.

  18. Someone has got to talk some sense into this commissioner. This guy would get booed off the field in just about every stadium in the league. This is not a good look for the league and sooner or later the owners have got to do something about it. Whether they want to or not.

  19. I think the league needs to fight it out in court. $30 million in league fees is minuscule in relation it would take to collectively bargain for the power. How many percentage points is that worth?? Is that worth going to a 55/45 split? 60/40? 10 percentage points to get rid of having the commissioner have absolute rule? Is this a conspiracy to have leverage in the next CBA?

  20. The only message that needed to be sent to Goodell from Berman is this:

    If you intend to exercise your power as commissioner/arbitrator, then you better do it in a fair manner, according to the proscribed rules and regulations governing CBAs, or you’re going to get shot down in Federal Court.

  21. I don’t see this as a ‘real’ appeal. I think the NFL just did this as a formality. If this was a serious appeal, they would have asked for an expedited appeal which they did not.

    Also, I think that one way or another, someone is going to speak with someone else in a bar or a Christmas party and get Roger Goodell the message to drop this or he will get even more seriously embarrassed.

    Remember, the NFL wanted this case to go to Judge Berman because they figured he was their best chance. Imagine what would have happened if this case had gone before Judge Doty who was quoted as saying that he wonders if Roger realizes there is a CBA.

    Sometime in the next 6 months at 4:45 pm on a Friday, the NFL will issue a press release that their appeal has been dropped.

  22. Belicheat secretly has been loving this. While everybody is worried about deflated footballs he’s finding other ways to cheat! It’s the old bait and switch trick. That’s why he wins.

  23. This whole fiasco has shown that both the NFL and the vast majority of the American public really has no idea what “Proof” really means or is supposed to support. Bottom line, the NFL had none and this ruling is just.

  24. And to think he could’ve just given Brady a $25,000 fine, for something he probably didn’t even do, and by the Fourth of July he’d have been back at Kraft’s house eaten lamb chops. Instead he sets himself down a path to ruin that anybody with a brain (not that many of us, but a few) could see coming. Let’s get real, the court of appeals isn’t going to have anymore tolerance for Goodell’s nonsense than he got in this trial.

  25. And the real irony here is that if Goodell intended to use this crusade to boost his popularity it totally backfired. Now he looks like an even bigger more incompetent buffoon than before, while costing the NFL $10M, and a LOT of bad press.

  26. Employers should watch their backs now that the judicial system has decided that employees can get away with whatever they want.

    Goodell is doing an excellent job IMO. He has to fight players who feel entitled to everything, a union that uses the media to advance their anti-capitalism position, and the media who is so far left-wing and anti-capitalist that it is ridiculous.

    I hope Brady tears an ACL, or both ACLs, getting out of bed before the game. That way it would be a non-work-related injury so HE would have to pay for the surgery.
    I also hope De Smith breaks his own legs too.

  27. limakey says:
    Sep 3, 2015 10:18 PM
    The judge just let cheating become the American way
    ___________________________________
    No, limakey. You must have misread the headlines. Judge Berman vacated the penalty. So all is good.
    Come on Limakey. You can legitimately start routing for the Bills now that the new season is upon us. Or admit that you have actually been a NFL head office troll all along. But give it up on Brady. What do you possibly hope to gain.
    And if you are an NFL troll, please talk to HR and get Goodell some much needed psychiatric help. Really.

  28. Goodell is clueless and tone deaf. The judge, in not so subtle, manner sent the NFL a message that they will likely lose. He snubbed Brady’s attempt to settle. Arrogance and cluelessness is not a good combination and Goodell is just chock full of it.
    It is a shame that you haters now charge that the judge was bought. Smear him without proof the same way your idol, Goodell, smeared Brady with multi- million sham report.
    Justice won. It’s a great day in the U.S.A.

  29. I wonder if anyone on either side realizes that the suspension being lifted has absolutely nothing to do with whether or not Judge Berman thinks Brady deflated footballs.

    Probably not. Details are not the strong suit of most people around here.

  30. I’m sure Goddell swung from the hip and declared an appeal before even reading the ruling. Given how his ego dictates things, I would guess he’ll ride with this appeal thing for as long as the owners will allow.

  31. If you catch someone going 31 in a 30 zone, you don’t throw the book at them because your buddies want their pound of flesh.
    One game for ‘general knowledge’ and another for not co-operating would have been the middle-ground no one on either side was happy with, generally a decent benchmark for compromise.
    Goodell is a stooge, who has done more to harm the integrity of the game more than any ball deflator.
    The constant evolution of new technology, not anything the Ginger Hammer has done or will do, created the endless new revenue streams.
    The owners could have made their kazillions with a chimpanzee as commissioner.

  32. If the NFL was smart, they’d cut their loses, fine him $5500 for the equipment violation. Then write up rules with punishments for the future.

  33. The funniest part is that IF the NFL wins the appeal, it will get remanded back to Berman for further proceedings. At that point, Berman will be ticked off and will rule on the points that he chose not to rule on this go around. The problem for the NFL is that those issues lend themselves to a ruling by Berman that Goddell is inherently biased and therefore cannot serve in the capacity of appeal hearing officer. Furthermore, any subordinate of his would also have the same restrictions. Thus, all appeals would then need to be heard by a neutral arbitrator… exactly what the NFLPA is hoping to gain without the need to give up anything in future negotiations.

    The NFL should tread very carefully on this as it may blow up in their face if they win the appeal. For the NFL, the best solution and the one that would protect their interests the best would be to lose the appeal and keep the current status of the CBA.

  34. This is a perfect example of how labor unions can ruin the overall purpose of a business. While I certainly agree that Goodell’s power and use of it have not been fair to players, this is not one of those examples. In this instance, the procedural requirements of the CBA have in fact put the integrity of the game in question. I’ve honestly been disheartened to watch the passion of fandom outweigh obvious truths. It’s clear from the text message evidence and obstruction of the investigation that Brady had involvement. His fans cheered him on and on, as he lied and manipulated every legal avenue to get away with it. While Goodell is surely not without fault, the outcome here is one in which the game of football lost. If it were any other business, without the benefit of the myriad requirements of a CBA, there’s no doubt that the information available would lead any member of management to conclude that Brady cheated the game. This has further underlined the ability to abuse our legal system. Judge Berman was not interpreting evidence, he was interpreting process. This is an absolute shame. What lesson does this teach us? If you are caught, lie and use every legal avenue you can to protect yourself. The players union should be ashamed as well. But they look at this as a battle against Goodell. The facts and evidence of what occurred mean nothing to them. This is just a battle within the greater power struggle of mgmt vs labor and they have no concern for the issue of cheating. The union lives in the moment while the owners look out for the long term good of the product. The union has set a precedent that they are not concerned with the actual violation at hand but are willing to take up any case in defiance of the league. i welcome you to disagree and continue lying to yourself.

  35. Haha It cracks me up to see all these Pats thinking this means he did not cheat. Or on too 5. 😀 You have won nothing the whole organization is a joke.
    All this means is you cant go after TB when the NFL completely ignored Jay Feely and his ball issue. He is still guilty as heck. NFL just messed up.

  36. This is the night for the Pats and their fans to celebrate.
    As I predicted on Monday the decision was vacated due to egregious conduct by the NFL.

    I’m not a lawyer, but I have a keen intellect and I educated myself on the case.

    But you can win a battle and still lose the war you know.

    Some things to ponder now:

    If Goodell and the NFL top brass are as Pats fans describe them, full of Pats hate, etc. Do you really think there will be no repercussions against your team? One way or the other?

    If you win a case in which your corruption is dwarfed by that of your accuser, that’s something to keep in mind before you mock them excessively.

    For the court of future public opinion, the two deflators are still out there, they can’t be sequestered forever. They will be in the wild at some point and TMZ or ESPN will get to them.

    And they may be available to testify in some future proceeding, in which case there could be a question of real life perjury.

    You should take your win and be happy with it, and do your part to throw no more gas on this fire.

  37. This is exactly the case why unions are now needed in every line of business in todays current legal and business climate.

    Scumbag corporations and organizations can do anything they want and most people dont have the resources to fight them.

    Im glad Brady stuck it to Goodell and the NFL. If the owners were smart they would send Goodell packing tomorrow.

  38. And the message may have been, “Appeal this decision at your own peril.”
    _____________________

    That’s just an adjudicator’s way of saying “Get off of my lawn”.

  39. Apparently you can’t punish someone for being a moron over and over again. Oh wait, you can. You can make them move to Baltimore.

  40. The fact the judge put this poison pill- and that’s what it is- in his ruling is very telling. If there was any semblance of doubt on Brady’s innocence he would not have done so.

    He knows he make the right – and just- decision. And he will keep the decision intact.

    By any means necessary.

    🙂

  41. Its obvious the NFL desperately needs competent legal counseling.

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

    What most fail to grasp is that both parties won. Brady gets his suspension lifted, and the NFL gets invaluable publicity for its monopoly. Otherwise, this wouldn’t be a feature story on the NFL Network now, would it?

  42. Hats off to Judge Berman. He slew the titans in their own back yard.

    Who is going to play the Honorable Judge and Jeffrey Kessler in the movie.

    Will Farrell should be a lock for goodell.

  43. I still think Goody wanted to punish a white guy, preferably a white star player to make up for the Ray Rice fiasco.
    It was becoming an image thing: black players being suspended 4 games over and over again. With a Brady suspension any suggestion that the NFL is bias or racist is wiped out.
    That in a nutshell is what this is really about and why the NFL did not want to settle. AP got his suspension, Ray Rice etc. it was time for a prominent white guy to balance the scales.

  44. swcowboy says:
    Sep 3, 2015 10:52 PM

    The funniest part is that IF the NFL wins the appeal, it will get remanded back to Berman for further proceedings. At that point, Berman will be ticked off and will rule on the points that he chose not to rule on this go around.
    ———————————————————–
    Finally someone who gets it.

    And of course the points Berman chose not to rule on (since he already had more than enough cause to vacate the suspension) were the NFLPA’s strongest arguments and those most likely to expose the NFL as the completely biased, corrupt, hacks that they are.

  45. Goodell needs to go!!! Questioning “integrity” when he has none! He is a narcissist if I have ever seen one! Brady, the GOAT!!! This has been a witch hunt & made the NFL look petty & whiny!
    They need to drop this charade & invest time & energy into rebuilding the leagues image! I have lost a ton of respect for the League as an entity! If their product was rivaled , many would switch! This is bordering harassment & should be over with today with a formal apology to Brady & the Patriots & I’m a Vikes fan!!

  46. Well frankly the NFL has not thought anything through. Commentators on ESPN announced that the NFL would appeal within an hour of Judge Berman’s decision. It does not take a brilliant person to figure out that the facts are against the NFL. However the NFL’s brilliant lawyers as characterized by ESPN’s Lester Munson; Can not figure it out yet.

  47. All of you thick-skulled geniuses understand that this ruling doesn’t mean that Brady didn’t cheat, right? So if someone rightfully calls him a cheater you can’t point to this court decision as evidence that he isn’t, right? I just want to be sure because there are signs with the word “vindicated” on it and I want to feel confident that you very smart people know what the word means and that you are using it appropriately. Have fun at next years draft when you’re short a 1st and 4th pick.

  48. I am still shaking my head at all the people and their comments about “cheaters win,” “management vs. labor” and so forth.

    Do not believe the smoke and mirror act from the NFL regarding the CBA and the commish’s authority to rule as he sees fit for the “integrity” of the game. All arbitrators are bound by US Code 9 Section 10.. that is fact.

    Not allowing Brady to call Pash during his appeal before Goodell, and the NFLPA not being allowed to have equal access to interviews and information put together during the “independent” investigation makes this vacate ruling rock solid. No court of appeal will be able to overturn Berman’s ruling and the NFL would be wise to let this end and accept the defeat.

    With the owners starting to mumble about “just getting on with the season,” you have to wonder if those “few influencial and supportive owners” that Goodell cited a couple months ago are contacting him yet again.

  49. foxboroempire says:
    Sep 3, 2015 9:48 PM
    Brady beats all your teams and now he beats the NFL. The guy is the GOAT and the biggest winner in NFL history. The drive for five begins a week from tonight.

    That is honestly NOT what’s going on here.

    Lets take a look at the principles involved in this fiasco. Depending upon your age you may have to look up that word, principles, but once upon a time such ‘trivialities’ as fair play vs cheating actually mattered to football fans, especially here in Green Bay where the Superbowl was born, thus the LOMBARDI Trophy.

    To many of us, cheating on the level seen from Belichick’s Pats is simply intolerable. I have nothing personal against Brady (I play Fantasy Football and appreciate ALL good players) or the Patriots as a team when they don’t cheat (not that such a team has existed for a VERY long time), but if they’ve been caught twice, logic and statistics teach us that they have cheated exponentially more often than twice, and THAT is something principled football fans will never condone.

    To say it’s “sour grapes” as my mother would say is to intentionally cloud the issue…which Brady et al have been exceedingly successful at doing. It is not about jealousy. I’d rather be a losing fair player than a cheating winner–ANY TIME! No one will EVER look at Brady or the Patriots and all their “wins” without wondering how they’d have done without all the cheating. The inevitable asterisks will forever be there no matter what he accomplishes with the Patriots.

    And it appears he didn’t only cheat as a player either given the state of his marriage. But then that could have been a ploy to win sympathy from the buffoon…I mean judge in his appeal. “Gee, my perfect marriage has been blown up because I had to destroy my phone, which had no evidence of extra marital…erm…I mean having guys deflate my balls. What more must I endure, Your Honor?”

    Awww…. poor puppy…

    How Belichick continues to get off so easy is absolutely beyond me. HE is responsible, ultimately, for his team and their “anything goes as long as we don’t get caught… again” attitude.

    To Pats fans. Wouldn’t a nice clean team and a Superbowl victory untainted by scandal feel good before Brady retires? Aren’t you, deep down, ashamed of the blatant cheating yourselves? Isn’t this, perhaps, why you’re so busy pointing fingers everywhere but at your own team where the cheating takes place?

    I am no great fan of officials or Goodell myself, but for the love of the game, harsher punishments need to be handed down when continual cheating by the SAME team exists and penalties should be SUPPORTED by everyone involved with the game.

    If wise ass judges want to make a name for themselves, let them do it on afternoon television.

  50. Reali,

    REALLY! Bellicheck wins because He’s playing chess while the rest of the NFL coaches are playing checkers. And he’s always one move ahead of the rest. Despite the attempts at parity – the player draft and the waver wire in reverse order,
    the schedule, etc. he still manages to win. Its hard for other teams and their fans to believe that a team with only two stars (three if you count BB) – Brady and Gronk – can continue to win and have the best record in the salary cap era. No wonder the other 31 owners supported Goodell in this fiasco. If you can’t beat them on the field, try to do it in the courtroom – with charges that Judge Berman basically said were bogus. What next? voodoo or a witch doctor????

  51. Not innocent you tools he just cant suspend cuz the rule book doesn’t say a player can be suspended it says its a fine thats why he got off not cuz he didn’t do it read for once in your life pats fans ,doesn’t matter anyway football fans opinions have not changed we all know theyCHEAT CHEAT CHEAT **** haha losers

  52. immafubared says:
    Sep 3, 2015 11:47 PM
    I still think Goody wanted to punish a white guy, preferably a white star player to make up for the Ray Rice fiasco.
    It was becoming an image thing: black players being suspended 4 games over and over again. With a Brady suspension any suggestion that the NFL is bias or racist is wiped out.
    That in a nutshell is what this is really about and why the NFL did not want to settle. AP got his suspension, Ray Rice etc. it was time for a prominent white guy to balance the scales.

    Close but think bigger,
    Kraft
    BB
    TB
    He went after the the whole white crew. He wanted to have a way to counter claims of racism.

    See? I beat up the lily white team! I’m not racist.

    BTW I don’t think he’s racist but there’s folks out there that do. Don’t think so? Keep watching, you’ll see. 48 hours or less before “racially preferential treatment” rears it’s head.

  53. immafubared says:
    Sep 3, 2015 11:47 PM
    I still think Goody wanted to punish a white guy, preferably a white star player to make up for the Ray Rice fiasco.
    It was becoming an image thing: black players being suspended 4 games over and over again. With a Brady suspension any suggestion that the NFL is bias or racist is wiped out.
    That in a nutshell is what this is really about and why the NFL did not want to settle. AP got his suspension, Ray Rice etc. it was time for a prominent white guy to balance the scales.

    Close but think bigger,
    Kraft
    BB
    TB
    He went after the the whole white crew. He wanted to have a way to counter claims of racism.

    See? I beat up the lily white team! I’m not racist.

    BTW I don’t think he’s racist but there’s folks out there that do. Don’t think so? Keep watching, you’ll see. 48 hours or less before “racially preferential treatment” rears it’s head.
    —–
    Oh, forgot the icing on the cake, Gronk, Edelman, Amendola. Kind of pale champions n’est pas? Doesn’t look good.

  54. nightryder10 says:
    Sep 3, 2015 10:46 PM
    If you catch someone going 31 in a 30 zone, you don’t throw the book at them because your buddies want their pound of flesh. One game for ‘general knowledge’ and another for not co-operating would have been the middle-ground no one on either side was happy with, generally a decent benchmark for compromise.
    ————————————————
    I appreciate you are trying to be reasonable and find middle ground, but there wasn’t even any clear evidence that Brady was doing “31 in a 30 zone”. If you take Walt Anderson’s best recollection of which gauge he used, then the laws of physics explains all the rest. And if you insist on going by the other gauge, the Pats’ balls were an average of 0.2psi below the range predicted by the gas law. 0.2psi can be explained by variations in atmospheric pressure and wetness of the balls, but more importantly it is within the error range of the gauges, so no evidence that a violation occurred. Without a violation, there cannot be any scheme or any “general awareness” of it.

    You could be petty and insist on the “lack of co-operation”, but even here, firstly, the NFLPA would never agree to any player surrendering their phone. And secondly, Brady’ phone records that he belatedly surrendered at the May internal appeal, showed that the NFL already had all the relevant texts. Texts, by the way, which the NFL published a bunch of unrelated private info from. Brady did already go the extra mile and surrender all his private emails, which the NFL promptly leaked lots of private and irrelevant info from (such as Brady’s pals thoughts about Manning!). The NFL published enough of this info that Brady’s contact details could be figured out by the public and he had to change it all! So I ask you, where is the real lack of co-operation and why would anyone trust the NFL with their private texts and emails anyway?

  55. You folks on Goodell’s side crack me up. Imagine you are getting divorced from your wife, and your wife is the judge for the divorce proceedings. How well do you think that would go for you??? That is what happened here. Goodell accused Brady, and then Goodell sat there and judged the case against Brady. Has Goodell ever judged a case against a player and ruled that “we were wrong and you are free to go”? Of course not.

    I don’t have a problem with Goodell making the ultimate decision. But he definitely needs some assistance. There needs to be an appeals board that hears the case. So in the Brady case, and I am not a lawyer, I just imagine this as being fair, Brady got his suspension and appealed to Goodell. What should have happened, was Brady appeal to a 7 person appeal board. Majority rules. If 4 or more say he should be punished, then the Commissioner doles out punishment. If 4 or more say innocent, the Commissioner sucks it up and moves forward with no punishment. It doesn’t have to be complicated. Goodell still gets to dole out punishment, it is fair for all involved, and if it goes to court (like this case did), I imagine the NFL has a better shot at winning after they had a 7 panel neutral appeal board hear the appeal

  56. massappeal12345 says: Sep 3, 2015 11:43 PM

    Hats off to Judge Berman. He slew the titans in their own back yard.

    Who is going to play the Honorable Judge and Jeffrey Kessler in the movie.

    Will Farrell should be a lock for goodell.
    ———————————————

    I vote Al Pacino as Judge Berman, and maybe Rick Moranis as Jeff Kessler

  57. The bottom line is the Ginger Hammer and his minions never had a case. Outside of someone stopping to go pee on the way to the field with the balls here are some points.

    1. There is no written record on what the psi measurements of the balls were before the game.
    Just the word of a ref doing the CYA thing.

    2. Obviously they didn’t care about the ball security since McNally walked by refs and nfl officals with the balls. The ref saying this was the first time he every lost track of the balls is just ridiculous.

    3. The league had never studied the effects on temperature on psi so they had no baseline to determine what the pressure should of been.

    4. This was a sting since they had advanced notice and did nothing to ensure a level playing field in the AFC Championship game. Instead waiting until the game was half over.

    It’s pretty obvious there are people in the NFL offices who just resent the Patriots and that most likely drove this witch hunt. As far as the deflator text messages which were months before with nothing during the afc championship time frame. Yes they sound strange but might be McNally was pissed off when Brady blasted them for allowing 16 psi balls in ny jets game. So that could of been sarcasm. I know if you hate the Pats facts don’t matter.

  58. If Godell was on his game, he would forget about suspending Brady and instead strip the NE Cheaters of their 2014 title. The judge couldn’t do anything about that and it preserves the integrity of the game. He needs only to have a press conference to say, ” we can’t turn back the clock, but, the NFL does not recognize the NE Cheaters as winners of the 2014 season because their actions as an organization compromised fair competition”.

    NE had been cheating for years and Brady orchestrated it. If not, why did the ball boys get fired?

  59. Robert Kraft accepted the league’s punishments, not as an admission of guilt, but as a sincere gesture to remove the league, and it’s reigning Super Bowl MVP, from the persistent negative light in which it has been portrayed in the media for the past nine months. The NFL, and it’s 32 owners, should take a leaf from Kraft’s book and drop the appeal. And then, just to show that they are serious, they should fire Roger Goodell.

  60. OMG The CRYBABIES are out in force still.

    You clowns are beyond laughable. Pathetic is the word I’d choose to describe you incessant whining and sobbing over this.

    Here’s an idea: Find yourself a life and go live it.

    The gavel has fallen on this case and there is scant chance Goodell and his nimrods advisors will in the appeal.

    The judge is saying to Goofdell:
    “I only needed a couple of your mistakes to fry your a$$, but I got plenty more ammo when it comes to your utter ineptitude in the situation.”

    Game over. Brady never cheated anything.
    Go cry in you 8-8 records.

    #grownmenbabiesalloverthecountrylovetocry

  61. senatorblutarsky says:
    Sep 3, 2015 11:12 PM
    And the message may have been, “Appeal this decision at your own peril.”
    _____________________

    That’s just an adjudicator’s way of saying “Get off of my lawn”.
    ——–
    Props to Bluto! showing up after a whuppin. Still hasn’t got a clue but he’s no chicken.

  62. baltimorons says:
    Sep 3, 2015 9:37 PM

    Apparently you can’t punish someone for blatantly cheating over and over again

  63. chuckxx – and anyone else who didn’t follow this case closely: The NFL in their desire to expedite the case before the union filed in Minnesota, where they have had unparalleled success against the NFL, filed first in New York. Their brief, heard by Judge Berman, was to uphold the commissioner’s right according to Article 46 to administer discipline. So, the judge’s ruling was limited to deciding for or against the NFL. Nowhere in the document did it ask the judge to decide upon Brady’s innocence or guilt, although its pretty clear from his comments that were published during the two hearings what he thought of the Ted Wells Report and Goodell’s follow-up document.
    BTW. In Ted Wells “independent” report, he did interview the two ballboys. Don’t you think that among the questions he asked was, “Did either of you deflate footballs in the AFL championship game?” And their answer would have been in the report? He also interviewed Tom Brady for seven hours or more. Once again, what do you suppose he asked him? Why wasn’t there ANYTHING in the report about this extensive interrogation? Once again, if he had said anything that he could put a negative slant on, twist or change the meaning by quoting it out of context he wouldn’t have done it?

  64. patpatriot17 Humble but to the point on some of the anal questions asked by the haters. Nice job putting that information here without a lot of fanfare, but definitely to the point, and should be well taken but Tom Brady Bigots will never change their tune. They people ruin sports.

  65. The NFL will do random testing of footballs at halftime this year to measure their PSI levels

    It will be interesting to see if Goodell starts another investigation when they discover deflated footballs, which is guaranteed to occur due to the Ideal Gas law. Will the NFL ever leak a report about the PSI of balls when the Jets balls are shown to be under-inflated on a cold day in November ? Don’t hold your breath….the NFL will do everything in their power to hide the PSI levels when they find 80% of the balls deflate below 12.5 PSI, as occurred with the Colt balls during the AFC championship game.

    Goodell needs to be fired for his lack of integrity. He continues to be found guilty of violating US labor laws. Goodell continues to lie and violate actual US laws but remains in his position of power. This is outrageous and cannot be tolerated.

  66. baltimorons says:
    Sep 3, 2015 9:37 PM

    Apparently you can’t punish someone for blatantly cheating over and over again
    ———————–

    No kidding. Goodell is 0-5 in Federal court, and the owners still let him play at being Commissioner.

  67. The irony of all this… Goodell did this to himself.
    The Ravens and the Colts (and even the Jets) bullied the League into this sting. the accusers leak BS to a friendly Indy writer and then ESPN and turned into a PR circus.

    Moral of the Story is.

    1) Keep it out of the Media.
    2) Give the accused the benefit of the doubt until you have concrete proof they actually did something.
    3) If you don’t find anything … No one is wiser and you don’t have this PR disaster.
    4) Make alterations to the rules that will any address concerns of the accusers…

    Simple… right?

    Instead they convicted the Patriots in the court of public opinion before the knew they did anything wrong. Then waste millions on an “investigation” trying prove they did something… STUPID!!!

    Just saying!!! (maybe I could be commissioner ?? Because clearly you don’t have to be that smart to do that job)

  68. Who was the decision maker to allow the same law firm act as counsel
    for Wells and then act as counsel for the NFL at the arbitration hearing.
    So Mr. Brady you asked for the raw interview notes from the investigators files held by the law firm of Paul, Weiss..
    Goodell …”no” .

    Later at arbitration hearing , question to Mr. Brady by counsel of NFL
    from the law firm of Paul, Weiss….” Mr.Brady ” isn’t it true you talked to Mr. McNally after the investigation started”?
    Brady ” I don’t recall”.
    NFL counsel “well Mr. Brady I have here notes from the independent
    investigation that Mr. Wells conducted and by the way my firm was also Mr. Wells counsel …so I walked across the hall and got these notes
    which by the way you were not allow to have for today’s hearing,
    Could you review the notes from Mr. McNally’s interview right here …
    Doesn’t it say he spoke to you the day after the investigation started?
    Goodell’s lawyers are idiots to allow Paul, Weiss to hold duo roles.
    Big firm politics at its best.
    Also ,after reading Berman opinion Jeff Kessler is a smart guy.

  69. I would LOVE to see what would happen if the Patriots really did cheat! They whoop Every team now fair and square so can you imagine what they would do if they did cheat?? 🙂

    19-0 and winning every game by 10 touchdowns. At least! WOW!! That would be a treat to watch!

    🙂

  70. Two things we know:

    1. Judge Berman is cool. He’s cool and he’s smart and he’s fair.

    2. If Roger Goodell has a smart choice or a stupid choice, Rog’ will choose the latter….every time.

  71. 315judman says:
    Sep 4, 2015 7:52 AM
    Fumbles galore this year for the properly inflated pats.
    ——————————-

    And when that doesn’t happen (as it didn’t happen during away games all these years); will you admit it’s a falsehood?

  72. The only smart thing for both the NFL and the players is to sit down and iron out a real set of procedures that complies with an implicit sense of justice. They’ll need to address specific violations and be very detailed on the procedures. Clearly, the handling of Brady’s case shows that it is currently a kangaroo court without any sense of fair play.

  73. The NFL will lose on appeal. The Second Circuit will give great deference to Judge Berman’s ruling that Brady had no notice that a suspension could be on the table and that the process was fundamentally unfair. Just like Judge Berman had to hold his nose and assume the accuracy of the Wells report, as adopted by Goodell. The facts Judge Berman relied upon, at least for fairness, are not contested, i.e., that Brady was denied access to Pash, his edited drafts of the report and Wells interview notes. There is precedent right on point that such actions support a finding of fundamental unfairness. Game over. If Goodell was interested in anything more than his image, he would just order a rehearing before a neutral hearing officer, have them assign the proper penalty (a fine) and move on. Yet he’s going to throw ten million more dollars of the owner’s money at a helpless appeal. Bountygate, Hardy, Rice, Peterson and now Brady… he’s 0-5. He needs to be fired.

  74. Did you ever notice how from the league’s perspective this whole thing has morphed from “we have the evidence to suspend” to “it doesn’t matter if we have the evidence, I have the power to punish however I want.” The league isn’t even standing behind the Wells report anymore yet they wanted Brady to. They are hiding behind the CBA, which they have misinterpreted IMO.

    Yes, the NFLPA conceded the power to the Commish, but that does not make the power absolute. There is an expectation of fairness, which the NFL did not follow through on, which is really why they lost. If you are going to ruin a man’s reputation, you better have a bit more than “more probable than not” even if that’s the allowable standard because after all, this is football not life and death. Forget the fact that they already got their pound of flesh from the Patriots even though the league and Wells exonerated Belichick and Kraft.

    I would also assume that there would be some expectation from the NFLPA that the league wouldn’t lie at every turn to make their point (11 of 12 balls, Brady’s appeal testimony, etc). When you stand on a foundation of lies, that foundation will eventually crumble. I think Goodell should stand down on this and let it go. It’s not like someone wasn’t punished. He nailed the exonerated Pats already. Move on.

  75. People just cant help but think Brady is a consistent cheater. Please someone point out all times where Brady was caught cheating and got in trouble. Sounds more like jealousy over someone being successful.

  76. 315judman says:
    Sep 4, 2015 7:52 AM
    Fumbles galore this year for the properly inflated pats.

    1 30
    Report comment

    ———–

    Look up the stats, Pats fumble less on the road then they do at home. Just so you know, home teams handle the balls for both teams

  77. billswillnevermove says:
    Sep 3, 2015 9:44 PM
    You can get away with cheating if you are the golden boy and you pay off the judge and the judge drafts you on his fantasy team?
    —————————
    Or, if there was nothing to get away with.

    I thought you Bills fans would take your beating better than Rex Ryan, guess not.

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