Ted Olson is encouraged by Chief Judge’s dissenting opinion in Brady case

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Although Patriots quarterback Tom Brady and the NFL Players Association lost in the U.S. Court of Appeals for the Second Circuit, triggering the reinstatement of his suspension, one of the three judges randomly assigned to the case voted for Brady’s side. That judge, Robert A. Katzmann, is also the Chief Judge of the Second Circuit.

Appearing on Tuesday’s PFT Live on NBC Sports Radio, former U.S. Solicitor General and lead Brady appeal counsel Ted Olson explained that he is encouraged by the fact that Judge Katzmann saw fit to write an opinion that disagreed with the reasoning and result of his colleagues.

“The Chief Judge wrote a very convincing dissent,” Olson said. “He’s a highly respected individual. He’s been a member of that Court for many, many, many years. He very rarely dissents from an opinion by his colleagues. Over the years, just a few times out of thousands of cases in which he’s participated. So here’s an individual who is highly respected, who’s the Chief Judge of the court, who wrote a very cogent, persuasive, dissenting opinion pointing out important principles that he felt — and we feel — the majority got wrong. So we do think that that gives us an extra impetus in seeking rehearing.”

The real question is whether Judge Katzmann has the ability to persuade enough of his colleagues to see things his way and agree to a rehearing. He needs to sell his position to at least six of the other 12 active judges assigned to the Second Circuit.

Wisely, Olson and his colleagues tracked the arguments raised by Judge Katzmann in his dissenting opinion. First, that Commissioner Roger Goodell upheld the four-game suspension for reasons other than the reasons articulated by NFL executive V.P. of football operations Troy Vincent, who originally imposed the suspension. Second, that Goodell failed to even mention the Collective Bargaining Agreement provision regarding equipment violations, which calls for a fine of only $8,268 as the punishment for a first offense — and which expressly encompasses the use of Stickum, a compound that enhances the ability to grip a football.

We’ll find out soon enough whether those arguments will help Olson make Brady’s petition for rehearing, you guessed it, stick in the Second Circuit.

65 responses to “Ted Olson is encouraged by Chief Judge’s dissenting opinion in Brady case

  1. Funny how Tom Brady has peddled NeuroSafe anti-concussion water and shunned western medicine but now is using scientists for his defense. Whatever’s convenient for his bottom line I guess

  2. a) He has to say that.
    b) They’re paying him an awful lot to say that.

    That doesn’t mean it has any meaning though.

  3. .
    @regishawk

    ” a) He has to say that.
    b) They’re paying him an awful lot to say that.

    That doesn’t mean it has any meaning though.”
    ———————

    A. Ted Olsen doesn’t have to say anything. No other lawyer in the country has more gravitas than he.

    B. Ted Olsen doesn’t need the money. Have you ever seen the commercial that starts out with “Auto accident? Dial 1-800-Call- Ted.” Me neither.
    .

  4. and yet another,…

    Well there’s 32 teams about 90 a roster currently; anything going on with the remaining 2,779?

    How about actual football progress and OTA’s?

  5. Look, at this point we know that those footballs deflated naturally.

    The Wells Report with its 56 errors and lies proved it.

    2 court hearings where Brady testified under oath, but the NFL refused, and were caught several times lying to the judges, proved it.

    Science proved it. The Ideal Gas Law is as real as the Laws of Gravity. I suppose someone may not believe in Gravity.

    Common sense proved it. The Colts’ balls deflated too.

    What this is about is whether Goodell and the rest of the NYJ Goon Squad can randomly punish teams for violations real and imagined. We know NE didn’t deflate the balls and the NFL knows too. Yet look what happened. The Panthers and Vikings were seen by millions on live TV tampering with their balls by warming them up on a cold day because the psi in them dropped. All they got was a quiet letter. The Jets owner tampered on live TV and got a measly $100K fine. What happened to KC? Picks and a huge fine?

    Goodell claims he can punish Pittsburgh for a violation committed by the Ravens. That’s why Brady needs to win this for all teams not named Broncos, Colts, Ravens, and Jets!

  6. Interesting how some morons still believe Brady “cheated” or that anything happened to balls all, after reading the Wells Report, the arbitration appeals transcript, the District Court ruling (and oral arguments), and the many scientists and others discussing the factual merits of the original accusation.

    Morons still believe the following fairy tails told by Mother Goose Goodell:

    – Brady was “more probably than not” “generally aware” of a plot by someone to deflate footballs

    – That weather and atmosphere has and had nothing to do with the measurements, and that the haphazardly taken pressure readings can even be relied upon, given the referee’s confusion documented in the Wells Report.

    – That the appeal was fair, and that the NFL intended on getting to some independent investigation of truth.

    – That Brady’s cell phone has anything to do with this or is an indication of guilt.

    No one with a brain, not even rival team executives (as documented in a piece) believe anything actually happened. This was about knocking down the Patriots.

  7. The 2 judges more or less blamed the NFLPA for agreeing to give Goodell power of arbitrator, and just one of them felt the destroyed phone was important. But whilst the CBA is poor, it does state that Goodell has to give a “fair” appeal. He did not – he denied cross-examination.

    Furthermore, Wells’ own dubious findings included rejecting the ref’s best recollection and fraudulently manipulating photos to make the gauges look more similar, but even he stopped short of accusing Brady of “a scheme”. Yet without any other evidence being presented, that’s what Goodell said Brady was guilty of – and changed Brady’s oath-given testimony in order to falsely implicate suspicious activity! – All despite the lack of unnatural deflation, and that ball tampering is a team rule violation and not under the player conduct rules. Is that fair?

    And the phone? Player’s aren’t required to give them and Wells said he didn’t want it, only any relevant data from it, which Brady presented at his appeal and which Goodell refused to accept. Why? Because he already had the required phones of BB and all the Pats’ staffers (and leaked them like hell, like he did with Brady’s private emails), and knew there was no evidence in Brady’s texts to anyone connected with the team, so better to use the propaganda that Brady “destroyed” it – even though Goodell had no right to it anyway.

  8. This is the same judge that was seen wearing a Patriots hat!!!! That tells you everything you need to know

  9. The league has been duplicitous about Deflategate from the get-go. Its stated aim is different from its true aim. The CBA seems on its face to give Roger Goodell carte blanche on matters of discipline. But that doesn’t exempt him from having cogent reasons for deciding the way he does on a given case.

  10. Ted Olson is one of the best attorneys in the country. His wife Barbara was on the Pennsylvania 9/11 flight. Have a little respect people.

  11. Astounding. Amazing. Mind Blowing.
    How many crybaby, butt-hurt haters there are on this site, spewing drivel and non-sense we all know that they know isn’t what they really think about Brady.
    No one. I mean NO ONE PERSON could possibly believe Brady or the Patriots deflated anything except the hopes and dreams of the Colts, Eagles, Rams, Panthers, Seahawks, the entire AFC East etc., over the last 15 years of Dynasty Driven Football Dominance.

    If you have enough brain power to type a post on a website then we Pats fans KNOW, without a doubt and without question that you do not believe in Roger Goodell, the Wells report, Chris Mortensen and the entire fictitious narrative that has evolved out of the NFL’s ill-fated, painted into a corner, face-saving panic to create the appearance of control and a deliberate, well-thought out plan.
    In reality, what he’s created is the exact opposite of the latter and it has devolved into a complete and utter PR disaster that has had the unintended consequence of wrongfully and laughably attempting to cut down the Greatest NFL QB of our generation.

    I no longer believe all of these “haters” are real people with animosity for the NE Patriots.
    This has to be a grand conspiracy to keep NE fans coming to the defense of this team and Tom Brady. Clicks win the day.
    It is humanly impossible to be so stupid as to believe the BS Goodell et al has fed you over all of this time and still be able to operate a computing device and a keyboard.

    FACT. I’m afraid we have all been duped.

    NEW ENGLAND PATRIOTS;
    the LAST NFL DYNASTY

  12. Also, Goodell has been shown to be a liar on numerous occasions. 11 out of 12 judges believe Brady.

  13. Fight it to the death Tom!

    More than 20 professors agree;

    “Although sensationalized in the press, it was no surprise to any scientist that the Patriots’ footballs lost pressure during the AFC Championship,” the professors wrote in a brief filed yesterday. “So-called ‘deflation’ happens naturally when any closed vessel, such as a football, moves from a warm environment to a cold one.

    The scientists — who hail from a number of universities including MIT and Stanford — argue that ball deflation occurs naturally and that Brady was convicted with junk science.

    “As professors, we cannot fathom how it is permissible to impose punishment for the possibility of a negligible increment of pressure loss, when underinflated footballs are common to NFL games, when laws of physics cause much larger pressure drops, and when the very possibility of an additional increment of pressure loss was generated from assumptions of the league’s choosing rather than data,” the brief states. “In the name of science, we support the petition for rehearing.”

  14. Time for another trollathon. There will be endless cheater/framed and guilt/innocence debate here but it is all pointless. This is about the CBA. It grants great power to the commissioners office but that power is not boundless. There is a collectively bargained schedule of punishment in the CBA, the commissioner doesn’t get to ignore that simply because he needs a big win to restore his whip hand.

  15. to @itbacw-
    Because it’s impossible to have alternative health and wellness preferences and still believe the laws of physics. Sound logic there.

  16. This Case is NOT analogous to Stickum, which one individual player puts on his hands. When the primary instrument of the Game, the football itself, is manipulated…it can have an affect on every player on the Field.

  17. It is not about the deflation, it is about the failure to cooperate with the investigation. If the D-bag would have done that your stickum reference would have been valid and the punishment excessive. Tammy was a piece of dung before he became a Cheatriot, so it was a great match.

  18. Goodell thought he was just sticking it to the Patriots, at the behest of at least 3, if not the other 31 owners. He didn’t realize his manipulation of the NFL CBA was actually a national labor issue. While he is flexing his muscles to see how much power he has, he is doing it in the face of over 100 years of US Labor Law. I don’t see this ending well for the Ginger Hammer

  19. We as mere mortals, are typically inclined to abide by what our sponsors suggest we say. That’s just the way it works. Take the NFL as an example. The greedy owners want money so they stick an ad on either side of a kickoff. The networks can’t pick and choose whether they will air those ads even knowing they risk losing their audience. So they abide by their sponsors demand and play the ads.
    A few people, like Regishack, actually sit and watch those ads. But that’s just a very few people.
    And then there are others, like Ted Olson, who not only don’t watch the ads, they don’t bother watching their TV at all. Because they are in a position to take a stand and say that all television is of limited quality. And so he gives his TV away, metaphorically speaking.

    No regis, he doesn’t have to say anything because money has long ago stopped being a motivator for him. He uses it as a means of dissuasion so that every star struck millionaire doesn’t try and get him on his case of DUI.
    Olson picks and chooses which case he will participate in based on its merit. And he is not intimidated by any judicial system. He knows this case ultimately will go to the Supreme Court regardless of the decision of the second circuit. And he relishes the opportunity to argue the case at that level.
    But you know what’s sad, regus, Goodell thinks that this is also good news. That because his name is being referenced in a case that the US SC will decide, he must therefore be a brilliant, brilliant man. What a fool!

  20. Haters gonna hate…
    FREE BRADY
    FIRE GOODELL

    For all those that say he is found guilty he should give it up…well where were they when the NFL lost…using their logic the NFL should have given up then…..
    Let the process run it’s course. Right now it is two judges for the NFL and two judges against the NFL. AND let’s be clear one thing…they are deciding if Goodell was fair in his ruling and suspension not if Brady is guilty or innocent.

  21. On Jan 18, 2015 a SINGLE GAME between The Patriots and The Colts resulted in footballs of BOTH TEAMS having pressure reductions due to a NATURALLY OCCURRING SCIENTIFIC PRINCIPLE that has been understood and accepted by scientists and represented with an equation has stood the test of scientific minds since 1834. (PV = nRT). The pressure-volume relationship (part of the IGL) is even older. It is termed Amonton’s law, from about 1702.

    The following quote is from a NESN . com article that was written yesterday and cites the Associated Press:

    “Per The AP, according to papers filed with the U.S. Second Circuit Court of Appeals, the aforementioned experts believe the decision to uphold Brady’s suspension lacks scientific proof. Deflation, such that occurred in the Patriots’ 2015 AFC Championship Game win over the Indianapolis Colts, tends to happen naturally when a football moves from a warm environment to a cold environment, according to the professors.

    “This is not tampering. It is science. And it pervades the NFL,” the papers said. “Games routinely are played with footballs that fall below the league’s minimum pressure requirement. Courts should not be powerless to consider the absence of scientific proof when a proceeding is so interlaced with laws of science.”
    According to The AP, the legal brief filed Tuesday was done so on behalf of 21 professors from the Massachusetts Institute of Technology, the University of California, Berkeley, University of Michigan, Stanford University, University of Southern California, University of Delaware, Purdue University, University of Pennsylvania, Boston College and the University of Minnesota.”

    (End of quote)

    I am thinking that those 21 professors know much more about science and how cold/wet weather would affect the air pressure in anything, even footballs, than Roger Goodell or anyone working for the NFL. Contrary to what the NFL has convinced many to believe — footballs are not exempt from the laws of science.

    Unfortunately, the terms “deflated” and “deflate-gate” conjure up simplistic imagery of someone poking a needle into a football to let air out. The truth in this case is slightly more complicated because it involves basic science that can only be understood by someone that was awake during 7th grade science class and was intelligent enough to understand the concepts. The cold and wet weather conditions allowed the air pressure in the footballs to drop. No air escaped or was removed from the footballs. The pressure of the air that was already in the footballs was lowered naturally. It’s that concept that the many across the country is still unable to comprehend.

    The fact that so many are still unable to understand this concept is mainly due to media spin where “deflated” and “deflate-gate” terminology was used by countless media outlets until it was imprinted in the minds of gullible people. The “deflate-gate” media spin even appears to have influenced 2 of the 4 judges that heard this case. Lucky for Tom Brady — the Chief Justice appears to be the Chief for a reason. Judge Berman also got it right.

    On a side note….does anyone know if Andrew Luck is being forced to miss the first 4 games of the 2016/2017 season and were The Colts fined and did the NFL make The Colts “forfeit” 1st & 4th round draft picks? After all isn’t the integrity of the game at stake?

    This was never about the integrity of the game. The facts bear that out. If after all the facts that have come out, you still believe that “deflation” was intentionally done by someone then you are permanently gullible and were permanently influenced by media spin. Did that person “deflate” footballs belonging to both teams?

    It’s time to stop the hate and admire the football skills of one of the best Quarterbacks you will have a chance to see in your lifetime. Many think the best of all time. Hopefully the court will see through the NFL lies and fans of football will get to watch 4 more games with Brady as the QB.

    If complete justice can prevail in this case Brady should not miss any games and The Patriots should be compensated for being robbed of their 1st round pick in 2016 draft and also have their 2017 4th round pick reinstated.

    The Patriots will earn the last pick in the 2017 draft during the 2016/2017 season. If The Patriots can also be granted a second pick in the 1st round of the 2017 draft that may be adequate compensation for the lost 2016 draft pick and having to endure a 2 year orchestrated smear campaign.

  22. The ‘real question’ is. Who cares? Not me. I had to sit back and watch Goodell drag my Saints through the Bounty scandal. I hope Brady prevails and gets the suspension dropped for good. It’ll be worth it just to see Goodell lose again! Geaux Saints!

  23. wayne1693 says:
    May 25, 2016 8:01 AM
    This Case is NOT analogous to Stickum, which one individual player puts on his hands. When the primary instrument of the Game, the football itself, is manipulated…it can have an affect on every player on the Field.
    —————————-
    And when that one catch converts a 3rd & long or scores no one else on the team benefits, yeah right! Anyway, in Brady’s case there’s not even any hard evidence of anything except that lies were told by Goodell and Kensil.

  24. wayne1693 says:
    May 25, 2016 8:01 AM

    This Case is NOT analogous to Stickum, which one individual player puts on his hands. When the primary instrument of the Game, the football itself, is manipulated…it can have an affect on every player on the Field.

    ————————————-
    The poster is correct this case is not the same as the use of Stickum
    Any teams that used Stickum need to be punished much more severely than the 2 NFL teams that played using footballs that were below 12.5 psi on Jan 18, 2015 in Foxboro MA while it was raining and 49 degrees on the field.

    The justification is simple. Any teams that used Stickum benefited after those teams WILLFULLY PURCHASED cans of Stickum and then INTENTIONALLY TRANSPORTED those cans of Stickum to the stadiums and DELIBERTALY USED Stickum to GAIN ADVANTAGE and possibly alter the outcome of MULTIPLE FOOTBALL GAMES.

    On the other hand, On Jan 18, 2015 a SINGLE GAME between The Patriots and The Colts resulted in footballs of BOTH TEAMS suffering pressure reductions due to a NATURALLY OCCURRING SCIENTIFIC PRINCIPLE that has been understood and accepted by scientists and represented with an equation has stood the test of scientific minds since 1834. (PV = nRT). The pressure-volume relationship (part of the IGL) is even older. It is termed Amonton’s law, from about 1702.

    Based on a comparison of the game scores of the 1st half to the scores during the 2nd half it is clear that THE PATRIOTS WERE DISADVANTAGED in the 1st half of the game when they were subjected to using footballs were below 12.5 psi. It is also clear that THE COLTS WERE DISADVANTAGED for the entire game. Mainly because The Colts faced a superior football team.
    Hey— does anyone know if Andrew Luck is being forced to miss the first 4 games of the 2016/2017 season and were The Colts fined and did the NFL make The Colts “forfeit” 1st & 4th round draft picks?
    The integrity of the game is as stake!

  25. wayne1693 says:
    May 25, 2016 8:01 AM

    This Case is NOT analogous to Stickum, which one individual player puts on his hands. When the primary instrument of the Game, the football itself, is manipulated…it can have an affect on every player on the Field.
    ———

    In order for your argument to work, you have to prove that only one player in any game would ever use stickum. Who is to say that running backs never used it? Can you prove that?

    Basically you make a hypothesis based on assumptions you cannot prove.

    In addition, any time someone touches the ball using stickum, there would be residue left on the ball – which would actually provide a better grip than a slightly deflated ball – for anyone that touches the ball thereafter. Ever touch a pine tree that is oozing pitch? That stuff gets everywhere and anywhere faster than you could ever imagine. It is the same thing with stickum. In fact, balls would get so sticky that sometimes QBs complained about it.

  26. This was never about the integrity of the game. The facts bear that out.

    —–
    As long as Roger Goodell is employed there will be no integrity of the game.

  27. The “deflate-gate” media spin even appears to have influenced 2 of the 4 judges that heard this case.
    ———–
    I think it more likely the two judges just not bothering giving this case very much thought and went with the easy way out just to get it off their plate.

    Funny how the only two federal judges who did give this case the critical thought and analysis that it deserved – correctly sided with the NFLPA.

    #HMMM
    #Interesting
    #GoFigure
    #YouDontSay

  28. wayne1693 says:
    May 25, 2016 8:01 AM

    This Case is NOT analogous to Stickum, which one individual player puts on his hands. When the primary instrument of the Game, the football itself, is manipulated…it can have an affect on every player on the Field.
    ————————-

    Everyone, with the possible exception of the quarterback, was using stickum. It wasn’t just to help catch or hold on to a football.

    Please direct us to any credible information that shows how the inflation level of a football affects every player on the field.

  29. patriotsticketssince1978 says:
    May 25, 2016 9:35 AM

    This is heading to the Supreme Court.


    I said it months ago…. it’s not far fetched at all that SCOTUS finds this case interesting enough to hear it.

    There is zero chance SCOTUS would hear it if it was about whether a guy deflated footballs or not. But this is about contract law and there are wide implications beyond Brady, the Patriots, the NFL and professional sports.

    It’s frightening that two federal judges actually said in their ruling that the arbitrator can break the law in the process of arbitration. That cannot and should not be allowed to stand in America.

  30. Do you bozos actually believe that had Tom Brady turned over his phone, and Wells found nothing incriminating on it, as was ultimately the case, that the whole fiasco would have ended, or that Goodell would have lessened the penalties?

    The outcome was determined before the investigation even started.

    I haven’t seen so many lies and so much BS since I read the Warren Report.

  31. salmen76 says:
    May 25, 2016 8:57 AM

    The ‘real question’ is. Who cares? Not me. I had to sit back and watch Goodell drag my Saints through the Bounty scandal. I hope Brady prevails and gets the suspension dropped for good. It’ll be worth it just to see Goodell lose again! Geaux Saints!

    —-
    I know I took the league’s word for it about the Saints and Bountygate. I know better now and so do Patriot fans.

    Sorry Saints.

    #NeverAgain

  32. his Case is NOT analogous to Stickum, which one individual player puts on his hands. When the primary instrument of the Game, the football itself, is manipulated…it can have an affect on every player on the Field.
    —–
    I see…so you’re saying some kinds of cheating are morally preferable to others. Makes sense. 🙂

    #NahNotReally

  33. goodellMustGo says:
    May 25, 2016 9:49 AM

    I think it more likely the two judges just not bothering giving this case very much thought and went with the easy way out just to get it off their plate.

    Funny how the only two federal judges who did give this case the critical thought and analysis that it deserved – correctly sided with the NFLPA.
    ———————————-

    The second I saw that one of those bozos was talking about the “destruction” of the phone, and the other said that the evidence of “deflation” was overwhelming, I knew they had been bought.

    It was so obvious, I can’t believe they got away with it.

    I hope they enjoy their Jets tickets.

  34. “itbacw says:
    May 25, 2016 5:58 AM
    Funny how Tom Brady has peddled NeuroSafe anti-concussion water and shunned western medicine but now is using scientists for his defense. Whatever’s convenient for his bottom line I guess”


    There is a huge difference between undisputed, centuries-old laws of physics and the various theories about what is best for putting in our bodies to maintain optimal health.

    It’s the difference between “2+2=4” and “I like eggplant.”

    Honest minds can disagree on the later. Only damn fools would dispute the former.

  35. It’s a show. If you want to fall for it, feel free…this is America after all…it’s your right to be fooled by an act.

  36. Whichever side of this you come down on please just stop and ask yourself a few questions and at least answer the man in the mirror honestly.

    For Brady defenders are you Pat’s fans, is that the only reason you are in his corner? Did you look at this from the beginning through your Pats logo glasses? Were you proclaiming his innocence from the moment the story broke? When there was nothing of substance out there to refute were you saying it was bs anyway? If so you aren’t any different than the “haters” you call out.

    For the torch and pitchfork crowd why the vehemence? Rice admittedly used stickum then called Brady a cheater yet everyone still calls him the GOAT and applies no *’s. Neither Favre or Goodell turned over phones and the issues in those cases went directly to their communications, yet there is no cover up based outrage directed at them. If you detest Brady that much based on the thin soup you have been served you need to look closer at why.

    I am not a Patriots fan. My posts calling ‘deflategate’ out were driven by what I read in all of the documentation that has been made available to date. But the issue in front of us now has nothing to do with ball pressure, if it ever really did. The real issues are whether or not under the terms of article 46 Goodell has virtually unlimited power to punish at his discretion and whether he acted in good faith as an arbitrator. Plainly he does not have the power to punish as he sees fit or there would not be a collectively bargained for list of punishments. Just as clearly in denying discovery and misrepresenting Brady’s sworn testimony in the arbitration finding he did not act according to any reasonable standard of good faith. It should trouble a fan of any team, or of justice itself, that Goodell can move the goalposts at will.

  37. I disagree, it has everything to do with “ball pressure.” The ball pressure was cooked up as a pretext to hammer someone through abuse of power. It Roger can do this to Brady, then he can do it to anyone.

  38. Per the Amicus submitted on behalf of well renowned scientist;

    The question in the arbitration therefore was whether there was an increment of additional pressure loss in the Patriots’ footballs (as small as 0.14 of a psig) beyond the drop that occurred naturally.2 The Commissioner concluded there was. But he relied on analysis that admittedly was “dependent upon assumptions” about missing data – assumptions that had a “material impact on the ultimate conclusion” (JA250; JA108) and that if adjusted in reasonable ways, would show no additional pressure drop at all. Thus his ruling was not based on scientific proof, but rather on scientifically-worded surmise. Indeed there is no scientific proof of wrongdoing.

    As scientists, we submit that this is the context in which the Commissioner’s ruling must be reviewed. This context appears missing from the majority opinion. See Slip op. 5. It strikes us as scientifically unsound to base a punitive ruling on a supposed increment of a few tenths of a psig, when assumptions are used to determine that such an increment even exists. Courts should not be powerless to consider the absence of scientific proof when a proceeding is so interlaced with laws of science. We support the petition for rehearing.

  39. goodellMustGo says:
    May 25, 2016 9:56 AM

    It’s frightening that two federal judges actually said in their ruling that the arbitrator can break the law in the process of arbitration. That cannot and should not be allowed to stand in America.
    ————————–

    When they claimed that if a player, at an appeal hearing, wanted to see the evidence against him, the notes from the investigation, or to question one of the investigators, they should have put that in the CBA, I knew immediately that they had been bought.

    I guess it was too much to expect that integrity would be upheld.

  40. @Jag, of course as a Pats fan I am going to give them the benefit of hte doubt. ESPECIALLY Tom Brady, who has been nothing but the ultimate model citizen under an extremely bright spotlight for 17 years now.

    But had there been anything remotely close to evidence that he or anyone else did anything to the footballs before the 2015 AFCG, I’d have my doubts. But the fact is there is nothing. Zip. Zero.

    And don’t tell me about the text messages. Any objective look at those will make you quickly realize that they were plucked from random conversations over the period of months and months nowhere near the game in question.

    I’d be willing to bet that my text messages mention all kinds of words that taken out of context could paint me as just about anything.

  41. RegisHawk says:
    May 25, 2016 10:24 AM

    It’s a show. If you want to fall for it, feel free…this is America after all…it’s your right to be fooled by an act.
    ———————–

    Yep. It’s just sad to see how many people were fooled by Goodell’s lies.

    “There’s an old saying in Tennessee — I know it’s in Texas, probably in Tennessee — that says, fool me once, shame on — shame on you. Fool me — you can’t get fooled again.”

    ― George W. Bush

  42. The NFL owners do not believe rules/laws apply to them. They want to have a “Kangaroo Court” system lead by Goodell that is rigged.

    Interesting that men who claim to have earned their elite status are continually caught gerrymandering the rules so they can win. It is the antithesis of competition the NFL shield is suppose to represent.

    Thankfully, on the filed, absent refs that are in the bag or suspensions by Goodell to tilt the scales, it is man against man and the team that plays better, and coaches better, wins. For 15 years Brady and Belichick have won on the field.

    Goodell and a cabal of owners have been caught in bald face lies trying to justify tilting the scales against the Patriots in favor of clowns like Woody Johnson who has been unable to bring a winner to the country’s largest media market.

  43. For Brady defenders are you Pat’s fans, is that the only reason you are in his corner? Did you look at this from the beginning through your Pats logo glasses? Were you proclaiming his innocence from the moment the story broke? When there was nothing of substance out there to refute were you saying it was bs anyway? If so you aren’t any different than the “haters” you call out.

    —-
    First – the NFL under this commissioner simply cannot be trusted on any matter of relevance. We all know that. Thankfully it looks like Congress will be changing that mindset very soon.

    Second – this team’s M.O. under Bill Belichick is to look for and exploit the proverbial “edge” and go where no other team or coach is willing to go. BUT…it can always be justified in some way by the rulebook. Like Spygate. Spygate was based on Bill’s literal interpretation of the rulebook. The Patriots got an edge there because Bill knew no other coach would be willing to interpret the rule this way. In the end Belichick said that was a mistake, and I accept that.

    Deflation of footballs cannot be justified by the rulebook in any way, shape or form. Therefore, it would be shocking if Brady or the team actually did such a thing because that is simply not their M.O.

    But still…I will admit I had a few doubts until…

    Third – Roger Goodell had no interest in hearing what the two equipment guys had to say at Brady’s appeal hearing. Brady was under oath and these two guys could have done the same. That not only didn’t happen, they were told not to appear. There is absolutely no justifiable reason why those guys were told to stay away. It isn’t rocket science to figure out why they were.

    The evidence is far too overwhelming of their innocence to dismiss it.

    The end.

    🙂

  44. The NFL owners do not believe rules/laws apply to them. They want to have a “Kangaroo Court” system lead by Goodell that is rigged.

    —-
    Yep

    And they now have Congress’s attention.

    It will be fun to see the Brady case being argued in front of SCOTUS at the same time Congress is investigating their abuse of power related to the concussion issue.

  45. When they claimed that if a player, at an appeal hearing, wanted to see the evidence against him, the notes from the investigation, or to question one of the investigators, they should have put that in the CBA, I knew immediately that they had been bought.

    —-
    At best… they just didn’t do their homework. Kessler recognized it and called them out on it and rightfully so. Perhaps they felt this case was beneath them and just wanted to take the lazy way out to get it out the door.

    At any rate their decision is moot as the appeal request has been made.

  46. Olson does not take on a case that has no merit.

    He is in it to win.

    And that is exactly what will happen.

    Even Patriot Hater knows it. Look at all the scared posts from them. 🙂

    #TeeHee

  47. goodellMustGo says:
    May 25, 2016 11:15 AM

    At best… they just didn’t do their homework. Kessler recognized it and called them out on it and rightfully so. Perhaps they felt this case was beneath them and just wanted to take the lazy way out to get it out the door.
    ——————————–

    The lazy way out would have been to uphold Judge Berman’s decision, but they didn’t, and even made a special effort to discredit his decision.

  48. 6ball says:
    May 25, 2016 6:50 AM

    A. Ted Olsen doesn’t have to say anything. No other lawyer in the country has more gravitas than he.

    ———————————————

    You do realize this is the same Theodore “Ted” Olsen who was caught lying by the FBI about his wife making a call to him from one of the 9-11 planes.

    Olsen was all over CNN spouting this huge lie everywhere he could the day of 9-11 and it’s following days until he was discredited.

  49. If Tom Brady wanted to have the footballs at a lower pressure, it would have been part of the rule change that Manning, him, and other quarterbacks cooked up in 2007.

  50. It’s becoming depressingly familiar to those of us who follow the courts to learn that the judges get so much wrong. In fact, I’m having reservations about who prepares the brief’s for the judges. Are they just clerks, doing the courts work, or, more likely, do they have an agenda? I could write a clearly defined opinion that ham sandwiches causes cancer. So too, can these clerks. Judges must rely upon the integrity of the law clerks. They do not have the time to review a clerks work to see if there is an inherent bias in their work product. Overlooking the science, as in this case, is as bad as overlooking evidence that demonstrates a persons innocence.

  51. Bye Bye Goodell

    I would say two honorable judges have more say than 2 judges that were clearly paid off the NFL.

    Judge Chin’s comments were especially obvious and disturbing.

    Your move, Roger.

  52. Even the two judges who were favorable to Brady did not clear him. Nor can they. This all about punishment. The NFL met their burden of proof. And I know that someone will post Judge Berman said there was no direct evidence linking Brady to this, he would be the third to have said it. The Wells Report said it first and then the NFL said it. With the level of proof that they had, they did not need it. The only direct evidence they had, Brady destroyed. Of course none of us know what the ball boys would say if they questioned now, under oath, with the threat of punishment hanging over their heads. And with no Patriot protection.

  53. “limakey says:
    May 25, 2016 12:39 PM
    Even the two judges who were favorable to Brady did not clear him. Nor can they. This all about punishment. The NFL met their burden of proof. And I know that someone will post Judge Berman said there was no direct evidence linking Brady to this, he would be the third to have said it. The Wells Report said it first and then the NFL said it. With the level of proof that they had, they did not need it. The only direct evidence they had, Brady destroyed. Of course none of us know what the ball boys would say if they questioned now, under oath, with the threat of punishment hanging over their heads. And with no Patriot protection.”

    — What the heck are you talking about? What “direct evidence” was destroyed? Are you talking about Brady’s phone? He destroyed it after Wells told him he didn’t need it since he had the text records from the others involved.

    To that Brady offered his phone logs, just so Wells could be sure that he hadn’t missed anything. Wells and the NFL passed on that offer.

    NOw they are using the phone’s destruction as evidence of guilt.

    As for what the ball boys would say under oath, the NFL had the chance to do that at the appeal hearing and again refused the offer. That was after the NFL talked to them 5 times. Now why would the NFL not want them under oath?

  54. xiiprestige says:
    May 25, 2016 7:14 AM
    This is the same judge that was seen wearing a Patriots hat!!!! That tells you everything you need to know
    =========================================

    The NFL and ESPN have created more than enough misinformation for you to use. You really have to completely make stuff up on top of it?

  55. wayne1693 says:
    May 25, 2016 8:01 AM

    This Case is NOT analogous to Stickum….
    ++++++++++++++++

    You are correct!

    STICKUM gives a QB/WR/CB/RB at least TEN TIMES the UNFAIR ADVANTAGE as compaired to 0.75 PSI missing in a football.

    STICKUM, and now those sticky glove sthat Beckham wears, enables a WR/RB/CB to make ILLEGAL catches that can CHANGE the OUTCOME of the GAME.

    Take thse gloves off of Bekhams hands and NO WAY he makes that catch. CLEAR demonstration of UNFAIR ADVANTAGE.

    NO STICKUM- NO GLOVES – FIRE GOODEL

  56. me817 says:
    May 25, 2016 11:42 AM

    It’s becoming depressingly familiar to those of us who follow the courts to learn that the judges get so much wrong. In fact, I’m having reservations about who prepares the brief’s for the judges?
    +++++++++++++++++

    Goodel prepared the BRIEF( $$$ ) for Judge Chin – It is in the CBA somewhere in tiny print that Goodel can corrupt anyone at anytime as long as it gives him POWER .

    MORE POWER = MORE CORRUPTION

    FREE the NFL – FIRE Goodel

  57. jag1959 says:
    May 25, 2016 10:36 AM
    Whichever side of this you come down on please just stop and ask yourself a few questions and at least answer the man in the mirror honestly.

    For Brady defenders are you Pat’s fans, is that the only reason you are in his corner? Did you look at this from the beginning through your Pats logo glasses? Were you proclaiming his innocence from the moment the story broke? When there was nothing of substance out there to refute were you saying it was bs anyway? If so you aren’t any different than the “haters” you call out.

    I’ve posted a few times that at first I figured they were probably guilty. The main thing that changed my mind is the fact that Brady made it clear that he wanted his footballs at 12.5 going so far as to include the rule and instructing the official to make sure they were at 12.5

    That was it for me. Also I know how particular he is, cant see him wanting anyone messing the balls after he approved them, picked them for game use.

  58. If Tom Brady wanted to have the footballs at a lower pressure, it would have been part of the rule change that Manning, him, and other quarterbacks cooked up in 2007.

    This is why I suspect he’s been doing it for a while…it would explain why he wanted his balls at away games.

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