The Verdict Is In On Deflategate...

[MajGenl.Meade]

Can you clear me now?

[Big RR]

[BoSoxGal]

Not a terribly good move on Brady's part, if only for the appearance of impropriety.

But hey, he's got 4 Super Bowl rings, a supermodel wife, beautiful children and more $ than you can shake a stick at - so I don't think he gives a shit what people think of him.

[Guinevere]

What Tom had to say this morning:

I am very disappointed by the NFL’s decision to uphold the 4 game suspension against me. I did nothing wrong, and no one in the Patriots organization did either.
Despite submitting to hours of testimony over the past 6 months, it is disappointing that the Commissioner upheld my suspension based upon a standard that it was “probable” that I was “generally aware” of misconduct. The fact is that neither I, nor any equipment person, did anything of which we have been accused. He dismissed my hours of testimony and it is disappointing that he found it unreliable.
I also disagree with yesterdays narrative surrounding my cellphone. I replaced my broken Samsung phone with a new iPhone 6 AFTER my attorneys made it clear to the NFL that my actual phone device would not be subjected to investigation under ANY circumstances. As a member of a union, I was under no obligation to set a new precedent going forward, nor was I made aware at any time during Mr. Wells investigation, that failing to subject my cell phone to investigation would result in ANY discipline.
Most importantly, I have never written, texted, emailed to anybody at anytime, anything related to football air pressure before this issue was raised at the AFC Championship game in January. To suggest that I destroyed a phone to avoid giving the NFL information it requested is completely wrong.
To try and reconcile the record and fully cooperate with the investigation after I was disciplined in May, we turned over detailed pages of cell phone records and all of the emails that Mr. Wells requested. We even contacted the phone company to see if there was any possible way we could retrieve any/all of the actual text messages from my old phone. In short, we exhausted every possibility to give the NFL everything we could and offered to go thru the identity for every text and phone call during the relevant time. Regardless, the NFL knows that Mr. Wells already had ALL relevant communications with Patriots personnel that either Mr. Wells saw or that I was questioned about in my appeal hearing. There is no “smoking gun” and this controversy is manufactured to distract from the fact they have zero evidence of wrongdoing.
I authorized the NFLPA to make a settlement offer to the NFL so that we could avoid going to court and put this inconsequential issue behind us as we move forward into this season. The discipline was upheld without any counter offer. I respect the Commissioners authority, but he also has to respect the CBA and my rights as a private citizen. I will not allow my unfair discipline to become a precedent for other NFL players without a fight.
Lastly, I am overwhelmed and humbled by the support of family, friends and our fans who have supported me since the false accusations were made after the AFC Championship game. I look forward to the opportunity to resume playing with my teammates and winning more games for the New England Patriots.

[Big RR]

So next, to court. It will be interesting.

[MajGenl.Meade]

Well, I sure hope they don't expedite any court proceedings just to satisfy a phenomenally rich guy* when I'm sure there's a lot of little fish waiting for their own day of justice. I think it should be on a docket for.... oh, November perhaps?


*oh, what am I thinking? Of course they will.

[Big RR]

Meade--actually, he will be seeking an injunction against the suspension, so it is possible it will be heard quickly and the suspension will be preliminarily enjoined pending a full hearing. As that full hearing could be months from now, I'm not sure where the Patriots would stand on the prospect of having their star quarterback suspended at the end of the season or for the playoffs, so there may be a push to get it handled more quickly.

If I were on the NFL's side, I would argue that all Brady will lose is the 4 games' pay, and that he could be repaid if he ultimately prevails, so there is no need for a preliminary injunction to keep the status quo. Brady will argue that his suspension would cost him far more than lost wages and that the damage is not compensable by money, necessitating the injunction. I imagine the NFLPA will weigh in as well using the deviations from the CBA as the reason to enjoin the penalty until the full hearing (I'm not sure if the Patriots could also join in or if their settlement with the NFL would preclude this). It will be interesting to watch

[Guinevere]

Interesting, the NFL quietly filed a complaint in the Southern District of NY seeking confirmation of the arbitration award, yesterday afternoon. Generally, there is an appeal period first, before you can file any action for confirmation, but I don't know the specific rules in NY/that district.

Regardless, Brady and the NFLPA will either counterclaim when they respond to that complaint, or move to dismiss because its not yet ripe for confirmation, or file their own complaint in a jurisdiction of their choosing and move for consolidation of some type, or some combination of all three. Lots of interesting legal maneuvering to come.

[Long Run]

Life is good if this dumb, inconsequential story is still headline news. The alleged misconduct at worst is a minor "misdemeanor" under the league rules (e.g., one team received a $25,000 fine for heating up their footballs on a cold day). This latest hyperventilating about Brady "destroying" his phone and this being proof of wrongdoing is just as silly as everything else in this overblown story. Maybe some real sports will start making news again, but it's a long ways to the U.S. Tennis Open, culminating baseball playoff races, or that thing we call football.

[Guinevere]

You're right Long Run - even here in Patriot Country I think everyone is tired of the nonsense, and not paying that much attention any more. Heck, Donald Trump is higher on the CNN home page than the NFL and Brady.

[TPFKA@W]

What about the destroyed cell phone? Maybe it held evidence that would destroy his marriage rather than his career?

[Guinevere]

NFLPA filed a complaint this afternoon in federal court in Minnesota (a labor friendly district) seeking to vacate the arbitration award. They are also filing a motion for preliminary injunction and a request for expedited proceedings so the issue can be resolved "prior to September 4, 2015 when the Patriots make final preparations" for their first game of the season.

There is also a petition to keep the proceedings under seal because of some prior agreement with the NFL - which is interesting because the NFL didn't ask for sealed proceedings.

Too bad they didn't file in Massachusetts!

[rubato]

The weaselling out never stops.

[Beer Sponge]

Destroying his cell phone confirms his guilt for me. Given that Brady is a cheater, all his prior records and accomplishments in the sport are tainted. What a dipshit. With his talent, he did not need to cheat, but he cheated anyway.

[Long Run]

The judge blistered the NFL, clearly trying to force them into a settlement with Brady. The process was clearly unfair, the conclusions based on the flimsiest of evidence and opinion. (Not saying Brady is innocent, just noting the obviously weak case of the NFL that does not come close to proving its contention). The NFL's basic argument is that the bargaining agreement gave the power to the commissioner to decide this matter so no matter how bad the decision or weak the reasoning, the decision must be upheld. I don't know what the legal standard is here, but in most similar situations, the arbitrator's decision can be overturned if it is arbitrary and capricious, and based on the leveling the NFL took in court, this case looks like it may meet that standard.

http://sports.yahoo.com/news/deflate-ga ... 53861.html

[Big RR]

Could be, but federal judges are pretty good at posturing to push both sides toward settlement, and it might be just that. I recall having judge mediating a settlement between a client of mine and another company storm out of the room, slamming the door an muttering--pure posturing. And it worked, we achieved what the judge wanted the next day.

I still think we'll get a settlement where Brady gets a 2 game suspension (maybe 1) and does not have to admit guilt; he'll come off as the hero taking one for the good of the team (although he will say every fiber in his being wanted to fight ), the union shows how it stood up for a player, and the NFL gets a face saving penalty. I'd be surprised if it doesn't happen before the next court date.

[Lord Jim]

Long Run, you and I tend to agree on most things, but man oh man have you ever got the wrong end of the stick on this one...

What I see happening here is that Tom Brady has been trying to cut a deal, for the good and simple reason that the very last thing he wants to have happen is for his two accomplices to wind up having to take the stand under oath...

It's highly unlikely that they'll take the bullet for him, and he knows it...

The NFL, on the other hand, has been standing firm because the facts and evidence is all on their side...

(I see that Brady has even tried to go back to the "nobody did anything wrong, it happened innocently and naturally" position, which any one who has read the Wells Report knows is utterly preposterous.)

At the heart of what has been driving this from day one has been Tom Brady's arrogance....

His arrogance in thinking that he should be able to have the balls deflated to a pressure of his liking, rules be damned, followed by his arrogance in believing that he could deny it despite the evidence and it would simply go away because he's "The Great Tom Brady", which was then followed by his arrogance in trying to cover up his rule breaking and then the arrogance of trying to obstruct the investigation into his rule breaking....

Arrogance piled upon arrogance, piled upon arrogance...

If he hasn't got the moral core to finally admit what he's done, at the very least he should man up, stop prolonging this, take his punishment, and move on...

[wesw]

man, the balls were a tad underinflated, the same thing that almost every other quarter back does when it s cold and when they can get away with it...

the nfl should have smacked their wrists and moved on

I hope he gets away with it completely now

stick it to the man!

[Lord Jim]

the nfl should have smacked their wrists and moved on

If there hadn't been all the arrogant denial and obstruction that's probably what would have happened...

[oldr_n_wsr]

It's still beyond my belief that a league that fines players if their socks are too short or if their jerseys are not tucked in, allows each team to control the game balls.