Hot and Sexy Steph Stradley--married also to a lawyer so . . . excuse me while I go into hiding!--has had an often cited blog on the law in Texas which has savaged the NFL. This comes from a long "storyfy" slide show of her comments and comments back:
I know of a case where the big boss fired some guys, and they filed discrimination lawsuits.Big boss was certain he didn't discriminate because he is not a racist. Perhaps that was the case, but pretty much everything he did to fire the employees looked pretty discriminatory to people who did not know what was in his true heart. Settlement negotiations ensued as they always do. The big boss refused to settle despite being told specifically how damning the facts looked to outsiders. (Likely because it would make him look bad to the big big bosses to pay tons of money to the fired employees. Why? Because he fired them in the first place to save money. And he was certain he was not racist so no way he would settle. Case goes to trial and then the jury deliberates. The case settles during jury deliberations for a significantly larger amount than the original settlement. What...why? The jury sent out the following question to the judge: "What is the net worth of the company?")
Roger Goodell’s insistence on acting as emperor makes the NFL vulnerable to a legal smackdown
In DeflateGate there has been a weird inversion: NFL Commissioner Roger Goodell set out to expose Tom Brady, and instead he has exposed himself and the entire league. It was at first baffling to watch Goodell commit such acts of overreach. It has since become merely revealing of a catastrophic arrogance. In going after Brady and the New England Patriots on such a flimsy premise as the inflation of footballs, Goodell has steadily etched out his real character and attitudes, and in doing so he has bared himself and the league to searing judicial review.
The NFL’s entire legal argument in the court of Judge Richard M. Berman over the last few weeks is that this commissioner’s powers are so unlimited that even a federal judge must bow to him. NFL attorney Dan Nash said on Goodell’s behalf during a hearing this past week, “The findings of the commissioner are entitled to deference.” Well, that’s rich. It was Goodell and the NFL who brought this idiotic case into Berman’s courtroom in the first place. And now they’re telling Berman he has no right to rule in it.
. . . .
Judges historically have been extremely reluctant to overturn arbitration, even when there are errors in a case, because arbitration by its very definition is meant to keep matters out of court. That’s what Goodell and the NFL lawyers counted on.
What they didn’t count on was a judge who refuses to accept the premise that he is supposed to shut up and rubber stamp. And who has decided to pour some sunshine on the entire process and give us a delightful lesson in the labor principles at stake. Berman’s scathing questioning of the NFL in a hearing this week demonstrated that arbitration is not meant to preclude judicial review or to force an employee to surrender to the whims of power-crazed managers.
While Goodell has sweeping powers to issue player discipline under the CBA, Berman made it clear he does not have the right to willfully misstate and mislead, gin up phony investigations based on pseudo-science and then issue draconian four-game suspensions simply because he’s furious Brady and the New England Patriots don’t say, “All hail to the emperor.”
“There has to be some basic process of fairness that needs to be followed,” Berman said.
Time after time, Berman issued observations from the bench that made the NFL attorneys’ shoulders curl. He called the league’s lack of proof that anything was deflated in the AFC championship game “a conspicuous absence.”
Perhaps most embarrassingly, he publicly busted Goodell for his irrational twisting of highly equivocal evidence into the assertion that Brady masterminded an illegal “scheme” that was on par with steroids. “A quantum leap,” Berman scoffed.
. . . The judge can throw it out if he finds Brady’s rights were prejudiced by corruption, fraud or misconduct. Orif he finds Goodell was evidently partial or was arbitrary and capricious. Or if he finds that Brady wasn’t given proper notice of what he was accused of, so he could mount a proper defense.
As Houston-based attorney and NFL blogger Stephanie Stradley observes,“I don’t know what Judge Berman’s stylistic preferences are, but if I went to law school, got awesome grades, worked worked worked, went through the process to get named as a federal court judge, decided many actually important cases, and then was asked to make a decision in a case that should have been settled that is this profoundly dumb, I would torch the NFL in flames that would make Hades look like a refrigerator.”Hot and Sexy Steph![Stop that!--Ed.]
The “why is he doing this?” question still lingers; . . . The answer seems to be based in personality, a vain self-conception and tone deafness that make him incapable of admitting mistakes or cutting his losses. He has staked his personal power and credibility on the legal argument that if he wants to suspend Brady for life and fine him a billion dollars, his authority still supersedes that of a federal judge, who has no right to interfere.
It’s also likely that Goodell pressed this case because he is so accustomed to getting preferential treatment and political cover in civic arenas. States, cities and most of Congress are such panting NFL fans that they are willing to put up with any amount of extortionist behavior from the league, which demands massive public funding for stadiums and all kinds of tax breaks or threatens to move franchises. The league has long behaved as if it’s entitled to special carve-outs, exceptions and protections simply because of its popularity. It’s used to operating with impunity and without federal interference, whether doling out painkillers in violation of Drug Enforcement Administration regulations or utterly ignoring OSHA requirements on reporting workplace injuries.
But for once, Berman has not provided the NFL with cover. Instead, he has highlighted this fundamental attitude by the NFL, that the league is so special that even federal law should be bent in favor of it. The NFL by Goodell’s definition is almost a separate country. It makes up its own interpretation of laws — those it doesn’t ignore altogether. It even makes up its own science. By acting like an emperor instead of a commissioner, Goodell has exposed himself and the entire organization as overripe for a slap-down by a strong federal hand.
Sally Jenkins: Washington Post
She is not exactly a fan of Emperor Roger given her previous articles regarding his indifference to and utter incompetence in dealing with domestic violence.
The judge the NFL wanted to avoid in Minnesota--only to get a judge in their chosen venue who has questioned it on every point--made the following observation quoted all over the place but apparently noted first by USA Today:
At a hearing Wednesday on a contempt motion filed by the NFL Players Association in the Adrian Peterson case, U.S. District Judge David S. Doty said “we’re all very curious” how Judge Richard M. Berman will rule on Brady, . . .
The NFLPA filed its motion in May against the NFL, the NFL Management Council and Goodell, whom Doty noted multiple times Wednesday isn’t an attorney while questioning union counsel Jeffrey Kessler about who exactly the NFLPA wants to be held in contempt for alleged interference with the court’s order to hold further arbitration proceedings in the Peterson case.
“I’m not sure the commissioner understands there is a CBA,” Doty said, citing Goodell’s actions and quotes in newspaper articles he has read.
I don't think Judge David S. Doty should have made those statements, any court case filed by NFLPA in Minnesota in the future (and something tells me there will be more fights between the union and the league) has a chance of being torpedoed if they get that judge.
Grammatron wrote:I don't think Judge David S. Doty should have made those statements, any court case filed by NFLPA in Minnesota in the future (and something tells me there will be more fights between the union and the league) has a chance of being torpedoed if they get that judge.
Berman's decision my effect precedent. Why wouldn't she be interested?
Grammatron wrote:I don't think Judge David S. Doty should have made those statements, any court case filed by NFLPA in Minnesota in the future (and something tells me there will be more fights between the union and the league) has a chance of being torpedoed if they get that judge.
Berman's decision my effect precedent. Why wouldn't she be interested?
She certainly should be, but I am only refering to one specific part
I’m not sure the commissioner understands there is a CBA
Seems like a silly thing to say for a judge who may be overseeing future cases involving these two entities.
To give the full context, Goodell was facing a potential contempt citation due to what the NFLPA contends is intentional foot-dragging on the Peterson case. Judge Dody--is a "he" . . . at least . . . as far as anyone knows--was making the point that Goodell relies on his lawyers to interpret things. He is not a lawyer. This is, actually, somewhat relevant the Brady case in that it appears Goodell is interpreting the CBA as he sees fit.
Anyways, I almost included the question Judge Dody asked the NFLPA: do you want him thrown in jail? That gets a :D and all of that, but Dody's point/question is whether or not Goodell should be treated like a lawyer intentionally ducking a decision made by a federal judge. This is not the case, nor was it the NFLPA's argument. If it was, the NFLPA would have had to provide a lot more evidences--thanks!
Given Judge Dody's track record, I doubt he worries much about "reversible error."
One issue for the Brady case has to do with Goodell now claiming that, lo and behold!, Brady not turning over his phone is a reason for the specific penalty. However, it is now clear that 4 r34lz lawyers working for Goodell informed Brady he did not have to turn over his phone--something Goodell never did, incidentally during his "independent investigation" on whether or not he saw the Ray "I Done TOLD You Once!" Rice video. That is a process problem: NFL tells you one thing, then punishes for following their instructions.
1. Judge Berman’s ruling is expected by Wednesday, so no need for a temporary restraining order or a preliminary injunction
Judge Berman indicated that he plans to issue his ruling by Friday, Sept. 4 and most likely by Wednesday.: hyper:
2. The NFLPA would have more time to obtain a stay on Brady’s behalf, if necessary
If Judge Berman rules by Wednesday and if he rules for the NFL, http://i170.photobucket.com/albums/u264 ... cb5f8d.gif he would provide Brady with an additional 48 hours to seek and potentially obtain a stay. ["Snip!"--Ed.] Stays are considered extraordinary forms of relief and are not often granted. Brady, however, may have a relatively persuasive argument for the issuance of a stay.
3. Legal significance of John Mara attending Monday’s hearing
Judge Berman requested the presence of Giants CEO and co-owner John Mara at Monday’s hearing. Mara, an attorney by trade, is not an ordinary owner. He is the chairman of the NFL Management Council Executive Committee, which is the ownership committee that directs collective bargaining negotiations with the NFLPA. Mara is thus very familiar with the original intent of Article 46, which governs the commissioner’s authority to discipline players. Mara is also regarded as pragmatic, and his numerous years practicing labor and employment law suggest that he might view the legal issues in Brady v. NFL with an eye for potential settlement. Along those lines, Judge Berman likely hoped that Mara’s presence in court would supply a voice of reason in what has otherwise been a series of rigid debates. The judge might have also calculated that Mara would be able to personally relay to other owners important insights on the state of the litigation.
4. Each side’s best settlement offer is likely to be made over the next several hours
Judge Berman declined to rule from the bench during Monday’ hearing, meaning he refrained from telling the two sides of his decision.
Don’t be surprised if NFLPA and NFL executives exchange phone calls later today or tonight. They know that once Judge Berman issues an order, only one chapter in the Deflategate litigation would come to an end. The story would continue through the appeals process, which would likely extend well into 2016.
. . . .
Bottom line: crating [Sic--Ed.] a settlement that works for both sides is difficult, and they are running out of time before Judge Berman issues his order.
5. Judge Berman’s work on Brady v. NFL won’t necessarily end after issuing a decision
If Judge Berman confirms Goodell’s decision to uphold Brady’s suspension, http://i170.photobucket.com/albums/u264 ... cb5f8d.gif Brady would likely file an emergency motion with the judge for a stay. This could lead to another Brady v. NFL hearing for Judge Berman to preside over.
Alternatively, if Judge Berman rules for Brady, http://i170.photobucket.com/albums/u264 ... a26baa.gif it is unlikely that the judge would hold additional hearings on Brady v. NFL.
That said, it is possible that in vacating Goodell’s decision to uphold Brady’s suspension, Judge Berman could call for additional court hearings. The judge might want to discuss conditions on how the NFL could seek to re-investigate and re-punish Brady while the league appeals Judge Berman’s order.
Tom Brady and NFL commissioner Roger Goodell have failed to reach a settlement in the quarterback's appeal of his four-game suspension for his involvement in the Deflategate scandal.
U.S. District Court Judge Richard M. Berman announced Monday that the sides will not settle the case, saying he will announce a ruling as early as Tuesday and no later than Friday.
"It won't be today, but hopefully tomorrow or the day after," said Berman, who stated that he is putting the final touches on his decision.
New England Patriots quarterback Tom Brady can suit up for his team’s season opener after a judge erased his four-game suspension for ‘‘Deflategate.’’
The surprise ruling by U.S. District Judge Richard Berman came Thursday after more than one month of failed settlement talks between the NFL and its players’ union. Many legal experts believed the judge was merely pressuring the sides to settle when he criticized the NFL’s handling of the case at two hearings in August.
But the judge wasn’t posturing.
He came out forcefully in Brady’s favor, maligning the NFL for its handling of the scandal that erupted after the AFC championship game in January, when officials discovered during the first half that Brady used underinflated footballs. New England beat the Indianapolis Colts 45-7 then won the Super Bowl two weeks later.
The NFL will likely file a notice of appeal with the U.S. Court of Appeals for the Second Circuit and seek an expedited review. As explained below, even if the Second Circuit grants the NFL an expedited review, it would take several months before a decision is made. The NFL might also seek a stay of Judge Berman’s order that would allow the league to suspend Brady during its appeal, but it is unlikely a stay would be granted.
Why Judge Berman ruled for the NFLPA
The simplest explanation for Judge Berman’s decision is that the NFL failed to show that it applied Article 46 of the collective bargaining agreement in a fair and consistent way.
. . . . Among the problems identified by Judge Berman are those that relate to Brady’s arbitration hearing with Goodell on June 23. Goodell denied a request by NFLPA attorneys to question NFL general counsel Jeffrey Pash, who edited the Wells Report before its release, and to access the league’s investigative notes. Judge Berman regarded Goodell’s decisions on these issues as preventing Brady from enjoying a credible opportunity to make his case. Look at it this way: if Brady can’t confront an accuser and study the evidence used to punish him, how can he effectively defend against the accuser’s accusations and the implicating evidence? Judge Berman stressed that denial of access to key witnesses can be grounds to vacate an arbitration award.
Judge Berman also criticized the NFL for how it indistinctly notified Brady of accusations and confusingly explained under which set of rules he was being punished. Take the Wells Report, which used the league’s Integrity of the Game and Enforcement of Competitive Rules policy—a document not collectively bargained with the NFLPA—to find that it was “more probable than not” that Brady had “general awareness” of a football scheme supposedly hatched by two equipment assistants. Later, in his testimony during Brady’s appeal, NFL executive vice president Troy Vincent referenced the Game-Day Operations Manual—also not collectively bargained with the NFLPA—as a crucial document in finding Brady at fault. While the league has also cited Article 46 as grounds to punish Brady, Judge Berman seemed perplexed as to what degree non-collectively bargained documents should be considered sources of authority to punish Brady.
Likewise, Judge Berman criticized Goodell for asserting that Brady received adequate notice of discipline because the four-game suspension matches up the penalty scheme outlined in the collectively bargained steroid policy. The steroid policy, wrote Judge Berman, “cannot reasonably be used as a comparator for Brady’s four-game suspension for alleged ball deflation by others . . . [the steroid policy sets forth procedures] none of which has anything to do with Brady’s conduct and/or his discipline.”
Judge Berman also seemed influenced by the lack of consistency in NFL discipline. In prior instances of players being implicated by equipment tampering, those players were fined, warned or not punished in any way. It was never made clear why Brady was treated differently and significantly worse. Similarly vexing for Judge Berman was how the league’s characterization of Brady’s alleged wrongdoing became harsher without explanation. What began as general awareness of others misconduct has morphed into active involvement in a scheme.
Lastly, Judge Berman raised distinctions between favorable court decisions cited by the NFL and the Brady arbitration. The most crucial distinction is that those decisions involved a neutral arbitrator whereas Goodell was clearly not neutral. While Article 46 permits Goodell to serve as the arbitrator for player appeals, Judge Berman noted that the “law of the shop”—which compels consistency and fairness in arbitration awards—bars Goodell from rendering a decision that may have been compromised by bias. Also, Brady, unlike participants in normal arbitrations, lacked the ability to change the arbitrator even if he could show Goodell was biased.
The NFL can still punish Brady, but only in accordance with Judge Berman’s order
. . . .
At first glance, Ray Rice’s successful legal saga with the NFL might seem helpful for Brady in the event the NFL tries to “double punish” him. ["Snip!"--Ed.] Jones concluded that Goodell acted in an arbitrary manner when he punished Rice a second time. She highlighted testimony that indicated that the NFL already knew about the full details of the hotel incident before a second video of Rice hitting Palmer became public.
Brady’s situation is very different from that of Rice. ["Snip!"--Ed.] If Brady is suspended again, it would occur not because the NFL claims to have uncovered new information or evidence, but because a federal judge has vacated the first suspension and the NFL is exercising its right to punish Brady. The NFL does not lose its collectively bargained right to punish a player because a federal judge has vacated an arbitration award. Now THAT would be ballsy on Goodell's part. But fast!
Of course, one sensible reading of Judge Berman’s ruling is that the NFL should not be able to re-punish Brady because the league never gave him adequate notice in the first place. While the NFL would likely disagree with that reasoning, it is worth considering. One interpretation is certain: If the NFL seeks to punish Brady again, it should only do so in a judicious way. The league must avoid a repeat of the process problems clearly identified by Judge Berman. If instead the league subjects Brady to another series of unfair applications of rules, it could find itself back in court for Tom Brady v. NFL II.
A lengthy appeals process awaits
The next stage of the litigation will likely occur when the NFL files a notice of appeal with the U.S. Court of Appeals for the Second Circuit. Which they have indicated they will do. ["Snip!"--Ed.]
With the important caveat that we do not yet know the composition of the three-judge panel, the NFL faces an uphill climb in convincing at least two of the three appellate judges that Judge Berman misapplied the law. Although each case presents unique issues and facts, appellate courts typically do not reverse district court judges on their orders to vacate or confirm arbitration awards. The NFL will nonetheless need to persuade at least two of the three panel judges that Judge Berman’s decision to vacate Brady’s suspension reflects a misunderstanding of Article 46 and a disregard of a lengthy set of case precedents where federal district judges almost always confirm arbitration awards.
["Snip!"--Ed.]
To be clear, the appeals process will not include new evidence or any witness testimony. Almost all of the appellate review will consist of the three appellate judges reviewing legal memoranda filed by attorneys for the NFL and NFLPA. There will be an opportunity for brief oral arguments, where the lead counsel for each side makes his or her best case to the three judges. In the Second Circuit, those arguments are typically limited to merely 10 minutes and often the judges interrupt the attorneys with questions. In terms of timing, the typical appeal in a U.S. court of appeals takes eight to 12 months. Brady--> :De_Bunk: <--Goodell [Stop that!--Ed.] There are many factors that influence timing, but it is safe to say that the NFL’s appeal will likely not be decided until sometime next spring or summer.
NFL could also seek a stay, but is unlikely to obtain one
A stay, as I explained more fully last week, would prevent Judge Berman from carrying out the order—in this case the vacating of Goodell upholding Brady’s suspension—until an appeal is decided. If the NFL is granted a stay, Brady would have to serve his suspension despite being the winner in Judge Berman’s decision.
The NFL would first need to petition a stay from Judge Berman. If he denies it, the NFL would try to obtain one from the Second Circuit.
Stays are difficult to obtain and are considered extraordinary measures. The NFL also would not seem to have an especially strong argument for a stay. This is particularly apparent in regards to a showing of “irreparable harm.” There are four prongs to a stay, and one involves whether the NFL can show it would suffer irreparable harm if a stay is not granted. Irreparable harm generally refers to harm that can’t be remedied by a court order and probably will occur before an appeal is decided.
["Snip!"--Ed.]
The NFLPA, however, would have a compelling argument in response. First, the NFL wouldn’t lose the ability to suspend Brady if he’s able to play in the first four games of the season. If the league wins the appeal, it could carry out the suspension at a later date—perhaps to start the 2016 season. Second, through the NFLPA, suspended players have always had the option to challenging disciplinary matters in court; Brady’s win doesn’t change that.
Various talking heads have thrown around the term "slam dunk" in describing the decision.
The NFL should really just nurse the black eye and let it go, but, of course, they won't because Goodell is a narcissist. Not that it could (or would) happen, but how sweet would it be if the NFL's appeal was reviewed by....Judge Berman?
Tiosylanyl wrote:. . . but how sweet would it be if the NFL's appeal was reviewed by....Judge Berman?
:D
That has been suggested jokingly by a number of Talking Heads. To be honest, I suspected this because he took the time to write it out by Friday. What I mean is if he knew he had to uphold the suspension, I think he would have ruled from the bench on Monday or issues a written ruling sooner simply to give Brady the time to file the appeal and request a stay. Since he knew he would find for Brady, he knew he had the time to write what a number of Talking Legal Heads say is a pretty iron clad slamming of the NFL from a number of procedural contexts.
--J.D.
Last edited by Doctor X on Thu Sep 03, 2015 6:25 pm, edited 1 time in total.
U.S. District Court Judge Richard Berman is the man who set Tom Brady free on Thursday by vacating Brady’s four-game suspension, and at least one donut shop in New England wants to thank Berman for his service.
If Berman is ever in the great state of Maine at any point in the future, he is free to stop by Dunkin Donuts for as many free coffees as he can drink.
Judge Berman gets free coffee for life #FreedBrady #DeflateGate @DunkinDonuts @NFL pic.twitter.com/1t5p7HGPX3
— Joel E. Sapp (@JoelSapp) September 3, 2015
Of course, it would probably be illegal for Berman to accept an offer like that, but I’m sure no one at that particular Dunks would rat him out.
In addition to overturning Roger Goodell’s decision to suspend Brady, Berman basically mocked the NFL for its investigation when he issued his ruling. That should be worth a free donut or bagel in addition to a cup of joe.
Now the judge tossed the punishment out essentially because he saw it as too much and more than any player could reasonably expect it to be. However, does it mean that NFL can apply a different punishment to Brady?
According to Our Man McCann they could, but there are some problems. Who applies the punishment? Goodell has already been branded as biased. Brady would still have the ability to appeal--and any punishment held until the appeal is heard--and there is no way Goodell could hear the appeal. Not after this decision.
So it would have to go to a truly independent arbitrator. This has happened in the past and in both times the arbiter . . . arbitrator . . . decider has handed Goodell his ass. The appeal would have to meet the criticisms of Judge Bermann else expect it to lose very quickly in a new appeal wherever the NFL tries to file. That opens everything up including debate on whether or not there was evidences--thanks--that any ball were deflated.
I am not sure Goodell wants that. Imagine if a Paul Tagliabew . . . Taglia . . . Former Commish and former independent arbitrator/arbiter . . . agrees with the criticisms of the Wells Report, or even agrees with the Wells Report's finding of no direct evidence of any intentional deflation, and scraps the whole thing?
So the appeal will happen and most Talking Heads say "see you sometime in the Spring/Summer" before it is even heard. Even the ones who were very "I have no idea how Bermann will rule" are saying whoever lost had a very uphill climb. Less than 7% of arbitration decisions are overturned in that circuit. Add in the way Bermann ruled, how poorly the NFL argued its case, they basically have to prove the Judge "ruled wrong."
They also have a very severe risk. A lost at this level does not really bind much. It is a precedent but it is a low-level precedent.
Upheld by appeal? That can apply to other circuits.
--J.D.
P.S. In stating it will appeal, the NFL indicates it will not seek a stay of Bermann's judgment. The likelihood of them getting such a stay was about as good as me getting Hitomi Shimatani to drop that restraining order. This means Tom will play.
P.P.S. The Big Pussy Goodell has decided he will not attend the Opening Game . . . for some reason. . . .
Seriously, according to Gentlemen skilled in this work, this could take us beyond next year before it is even heard. Assuming the
SECOND CIRCUIT ANALYTICS FOR BRADY VS. NFL
Median duration of appeal = 10.0 months
· This is germane to the question of whether the Second Circuit will be in a position decide Brady vs. NFL prior to the end of the 2015 season. The losing side will likely have to file a motion to “expedite” the appeal. But even expedited appeals take time (see O’Bannon & Christie II).
Rate of reversal in Second Circuit = below 10% for civil appeals
http://sports-law.blogspot.com/
are correct, the NFL will then face the unenviable choice of trying to appeal beyond that.
It is a losing game. Way back, polls settled as expect: most in New England believing Tom was innocent and everyone else wanting him to be guilty. Like 63% just after Dumbass levied his suspension.
Move ahead after the court case starts and things change dramatically:
The poll’s findings painted an interesting picture. While 72 percent of respondents said they believed the Patriots deflated footballs in that game, just 16 percent are upset that New England allegedly did so. Furthermore, a majority of NFL players surveyed — 58 percent — don’t believe the Patriots are cheaters.
NESN
Faux News is reporting--on television--that the numbers have reversed. I have "heard that" by others but I cannot find the exact poll. The point is that Goodell not only managed to lose utterly, he reversed opinions.
Think about it. As I joked with a Steelers fan-friend, the vast majority of "fan boys" hate to hate. I love to remind Squeelers that "Your QB is a RAPIST! HA!HA!HA!HA!HA!" I even laugh in all caps. I would expect the vast majority of "fans" in the country would want Brady suspended . . . "because!" Simple fan hate. As I joke, like Red Sox fans before 2004: "EVERY YANKEE TITLE IS TAINTED!!11!!"
Yet, Goodell managed to change the opinions of people who should hate everything about another team that is successful.
Because Pyrrho's code does not accept 漢字.http://i170.photobucket.com/albums/u264 ... /brood.gif
?
First article is very good. The second I gave up on after two paragraphs since he got a slew of details wrong and reprinted lies. He needs to fact-check.
His Terrificness Responds [Facebook quoted on even the finer goat fancier webpages.--Ed.]
The regular season starts tomorrow morning and I can’t wait to fully commit my energy and emotion to focus on the challenges of the 2015 NFL season. I want to thank my family, my friends, all of the fans, past and current players and my teammates for the support they have given me throughout this challenging experience. I also want to thank Judge Berman and his staff for their efforts to resolve this matter over the past five weeks. I am very grateful. My thanks also to the union’s legal team who has fought so hard right along with me. While I am pleased to be eligible to play, I am sorry our league had to endure this. I don’t think it has been good for our sport – to a large degree, we have all lost. I am also sorry to anyone whose feelings I may have hurt as I have tried to work to resolve this situation. I love the NFL. It is a privilege to be a member of the NFL community and I will always try to do my best in representing my team and the league in a way that would make all members of this community proud. I look forward to the competition on the playing field and I hope the attention of NFL fans can return to where it belongs – on the many great players and coaches who work so hard every week, and sacrifice so much, to make this game great. Most importantly, I look forward to representing the New England Patriots on Thursday night in our season opener. I hope to make all of our fans proud this year … and beyond!
Translation: "Fuck You, Roger. Sorry to Make You Cry!"
Federal appeals are complicated, and Patriots fans are going to get well acquainted with the intricacies of the grueling process in the coming months.
The Deflategate fiasco is heading to the U.S. Court of Appeals for the Second Circuit. NFL attorneys filed their notice of appeal less than two hours after U.S. District Court Judge Richard Berman on Thursday vacated Patriots quarterback Tom Brady’s four-game suspension.
Instead of heated rhetoric, letters and combative oral arguments, the appeals process will be much more measured. A panel of three judges will analyze Berman’s ruling, NFL Commissioner Roger Goodell’s now-defunct arbitration decision, and legal briefs from both parties.
The judges will essentially answer one question: Was Berman right when he found that Brady wasn’t afforded adequate due process during the NFL’s disciplinary proceedings?
“The three judges on the panel will be reviewing whether the judgment call by Judge Berman was sound,” said Paul Michel, former chief judge of the U.S. Court of Appeals for the Federal Circuit.
It is not going to be a quick process — it could linger into next spring or beyond.http://i170.photobucket.com/albums/u264 ... bb97e8.gif
The appeals court already has Berman’s order, but the deluge of legalese hasn’t hit. The NFL will file its formal appeal, and then Brady’s attorneys will respond. The NFL can then respond to that.
However, there will be no discovery, and no witnesses will take the stand. The appeals court must accept the facts that Berman analyzed — but it doesn’t have to embrace how he laid down the law.
“As far as issues of law are concerned, the appellate court does not defer to the lower court,” said William Wilkins, former chief judge of the U.S. Court of Appeals for the Fourth Circuit. “That does not mean the appellate court will not look at the legal reasoning made by the district court, but it does mean it doesn’t have to accept it.”
Federal appeals courts don’t see many cases where a judge vacates an arbitration award — and in those unique situations, the decision is frequently upheld.http://i170.photobucket.com/albums/u264 ... xfyjnu.gif
“I think we can say our district court judges do a good job,” Wilkins said, referring to why so many decisions in civil cases don’t get overturned. “They get it right most of the time.”
In the Deflategate litigation, the appeals court can do three things: It can uphold Berman’s decision, send the case back to him with an explanation of how to apply the law or it can vacate it completely. http://i170.photobucket.com/albums/u264 ... bb97e8.gif
If either Brady or Goodell doesn’t like the decision, the last stop is the U.S. Supreme Court.http://i170.photobucket.com/albums/u264 ... ecdd06.gif
“That’s the only recourse, but Supreme Court review is not guaranteed,” Michel said. “It has to have huge implications. My guess is that the Second Circuit decision will be the final decision, no matter which way it comes out.”
Bob McGovern: Boston Sun without Tits on Page Three
Jay Glasier has a copy of the "destroyed" tapes on his phone which he shows at parties. I have been told by those who have seen it that it is views of the side-line with a lot of attention on cheerleaders' boobs.
It was legal to tape defensive signals.
It is still legal to tape defensive signals.
The "problem" was that for reasons never explained, the NFL decided you have to film in a certain location that is "covered." The Pats complained, apparently, about the Jets filming outside of this in 2006. What made it "MOAR" of a problem was Belichick ignored an e-mail that stated, "hey guys? You all need to film in the 'Special Place.'"
At the time I agreed--yes--with Goodell's reaction. He was a "new boy" and when you tell someone not to do something and they do it, even if the rationale is stupid, it is still a problem. The punishment was ridiculous but I figured it was Belichick's fault he made himself an example to others.
And everyone still tapes. It is legal. Of course, with microphones allowed in a particular defensive player's helmet, there is far less defensive signalling.
The rest?
Lots of butthurt: lots of teams upset they are not "the Dynasty." "They musta cheated!!!" This has been the attitude of the Rams since day one since they were 14 point favorites and expected to be a dynasty. They boast about it and ridicule the Pats during the Super Bowl.
To be fair . . . HAD the Pats not won in 2001, '03, '04 AND they lost '07 and '11 as they did, there would be Pats Fan Boys screaming about "cheating." It is just the way it is, and people forget owners and the like are also fans.
Some of it gets to levels of stupid reserved for religious debates. Marshall Faulk screams about how "they knew what we were doing."
Every.
Team.
Gets.
Special.
Game.
Film.
Every one. So, yes, the Patriots and any other team that bothers to do their homework has film on you. Marshall bleats about how they revealed a "Sekrit Play" where he would field a kick off. Something he has NEVERZ DONE BEFOREZ!
So here you are. You see a clown who has never been a kick off return, who is a receiver, the best on the team, suddenly playing way back on a kick-off. Think he is going to block? The Pats immediately stuffed him for like one yard.
Return to the last Super Bowl . . . hold on . . . just a moment . . . almost there . . . Damn! I thought of Rex Ryan again! Anyways, Pete--and a shit-load of other coaches--run that pick play. So the Pats practiced it and as has been repeated more frequently than Tinkerbell's rape fantasies, Butler got fried and gave up an easy touch down.
Oddly enough this all works in Dark Hoodies' favor. He likes it that teams worry about this sort of bullshit.
Meanwhile, Goodell is a major loser. Pretty much everyone was tired of Deflategate. To be honest, I found the legal arguments fascinating. Otherwise, it was a screw job, badly performed.
ESPN is the NFL's mouth-piece because no one really watches the NFL network. However, it is also "good news." Why is no one talking about the Federal investigation into the St. Louis Cardinals?
Because no one gives a shit about baseball to that level. Hypocritical, but there it is.
This may blow up in Goodell's face. Most see Deflategate as "over." The legal fight demonstrated the weakness of the screw-jobs. I joke about "fan-boyism" and how being a MFY should be made a capital crime, blah . . . blah. I joke. There are people who take this shit seriously. Some of them use to be the general manager of the Colts who barely won with The Quarterback . . . of . . . DeSTINY. Some of them own the Cowboys, the Ravens, and the Colts.
To give a better example: after October, 2003 but BEFORE October, 2004 screaming RS fans noted that one of the guys who hit a home run to bring the MFYs back in the Game 7 was Jason "Roids!" Giambi. "And FUCK Giambi!" was a common thread. You also had Clemens, and other abusers.
"CHEATED!!11!!"
And if the RS had not won in 2004 fans would still be screaming the same thing when the reason they lost was because a Neanderthal of a manager--looked fucking 75 but was far younger but did not believe in these "stats things"--decided to "go with his heart" and leave a guy in who predictably fell apart after 100 pitches. Period.
The "simmering" over Spygate is simply an excuse a Jones uses to deal with the fact he may die before he ever sees another Super Bowl. If I were a Jets fan . . . or even a Buffalo fan--CLEVELAND fan . . . as a "Fan Boy" I might have the same delusions.
The biggest sin of the Patriots was they were a shitty team for about forever. The one time they could have actually won a SB--NOT in 1984-85!--they got screwed by a call then sank into irrelevance. Steelers? Cowboys? Even 49rs were expected to win. Hell, people wondered when Green Bay woudl come back.
Shitty team finally wins against what was once a completely shitty team--"LA Lambs!"--that suddenly became "The Greatest Show on Turf." How cute! 2001. 9/11. "We're all Patriots!" Nice! Now go away.
Which they did the following year. Balance is not only restored, Tampa Fucking Bay--a WORSE team historically than The Team Whose Mascot is Shitting a Football--won the Super Bowl. It was like the White Sox winning after the Red Sox.
How cute!
Then the Patriots not only won again, they kept winning. They kept knocking off the Colts, Steelers. Now, to a fan-base, you have to explain "why not us?" Salary cap was suppose to prevent dynasties not named "Cowboys." Here is a team winning their division every year.
In other words: simple jealousy. Brady was a 6th round pick. That means every other fucking team had multiple chances to draft him except the Saints because Mike "Most Over-Rated Coach Not Named Phil Jackson [Stop that.--Ed.]" Ditka spent all of the Saints picks into 2004 for a running back and a suppository.
"Why not us?"
Rather than admit they outplayed you, easier to pretend they cheated. Again, that is RS fans before 2004. It would be Pats fans if they had not won earlier SBs. It is Seamen fans now.
Is the fact that the NFL's apologist network and the magazine that is only relevant once a year both published "independent investigative reports" featuring a lot of the same "information" from "unnamed sources" on the same day suspicious looking at all?
After reading it a few times, this seems less of an attack on either Patriots or NFL/Goodell, but rather an attempt for ESPN to stay both relevant and display integrity as journalists. But lots of different fail ensues.
Believe me Sports Talk in Boston has exploded on both the ESPN and SI articles. One major point is that there is no actual "evidences"--thanks. For example, there is the claim that Patriots Dudes would go into visiting locker rooms to steal the play-sheets that would have "OUR FIRST 20 PLAYS!"
As more than one NFL former player has asked rhetorically: "why would you ever leave that in a locker room?" Answer: you do not.
Even more hilarious is the claim that by some nefarious means Bellichick "knew which players of the opposing team was on the plane!!11!!"
This is released by teams. They have to do that. If a player is not on the plane he is marked as not being able to play. It is all about the injury reports and the like that are designed to lessen gambling scandals--mafiosos and the like trying to pay to find out whether or not Peyton is having his period this weekend, et cetera.
As another Talking Head put it: "The Lakers [Boo. Hiss.--Ed.] use to accuse Red Aurbach of turning off the air conditioning in the vistor's locker room. The Garden didn't HAVE air conditioning!"
However, Deflategate has now sunk in most people's minds as an interest story. So ESPN, SI and the like are just creating more news. And people are watching and commenting. A win for them.
Meanwhile, Judge Berman has "read into the record" all of the letters he has received. You have to give him serious credit for making everything public. What exposed Goodell as a liar was the comparison of his claims about Brady's testimony in his 20-page appeal decision with the actual testimony the NFL demanded remain sealed.
A long-time fan attacks the NFL commissioner, saying, "I have been an ardent NFL fan for 58 years and have never seen the level of ineptitude and incompetence displayed by Roger Goodell and his band of yes men during this whole deflategate fiasco."
He goes on to say he will not "spend another penny" on tickets or merchandise until Goodell "wakes up his brain cramp and does the right thing!" He concludes the letter by asking the judge to "do the right thing" and vacate Brady's suspension.
Evolver wrote:Is the fact that the NFL's apologist network and the magazine that is only relevant once a year both published "independent investigative reports" featuring a lot of the same "information" from "unnamed sources" on the same day suspicious looking at all?
Jeffrey Kessler, the attorney for the NFLPA and Brady, speaks:
Kessler said there wasn’t ever really much doubt as to whether or not they would win the case.
“Yes, once we looked into this, we were convinced that what happened here at the league was wrong and it didn’t follow the rules of the CBA and it didn’t follow the legal requirements. So, we thought it would probably take us having to go to court, which it did, but we thought eventually we would get here,” Kessler said.
The lawyer was asked his he could unequivocally say Brady was not involved in a scheme to deflate footballs.
“What I can say is that everybody who has testified in this matter has said Tom Brady was not involved in such a scheme,” Kessler said. “He testified under oath. The two clubhouse people were interviewed and said there was no such scheme and he was not involved. There is no document that indicated he was involved in such a scheme. I am not aware of any evidence to indicate that that would be the case and I believe Tom Brady.”
Kessler said nothing that his team said during the appeal in front of commissioner Roger Goodell could have changed his mind on the four-game suspension.
“I’m not sure that there is anything that would have caused him to change his view because I don’t think we had an arbitrator that was prepared to consider the evidence openly and fairly,” he said.
Now the NFL has taken the case to the second circuit following Judge Berman ruling in favor of Brady. Kessler isn’t worried because he said all the NFL will use is “the exact same arguments to Judge Berman that he rejected.”
“They have a one-note defense,” he added.
Kessler also gave the story behind why Patriots team employees John Jastremski and Jim McNally were never called to testify. This would be during the NFL appeal before Goodell.
“First of all, we don’t have access to them,” he said. “It’s not like we had them out in the waiting room waiting to come in and testify. What happened was we were originally given four hoursto present our entire defense and we already had a record in the Wells Report that Jastremski and McNally had both told Wells that nothing had happened and Tom Brady did anything. That was the Wells’ finding on that.Notice that those statements are not contained in the Pasch-Wells Report, to use Judge Berman's designation of it. In the four hours that we had there was no way we thought we had to get them and we didn’t have access to them anyway.
“Then what happened at the end of the 11-hour hearing, because it ended up going a lot longer as they kept extending it, commissioner Goodell made a request to say that does either party think he should interview those two before rendering his decision. The NFL said no, they didn’t think there was any need to call them and we said no because they already told Ted Wells they had no evidence against Tom Brady so what was the point in calling them from our standpoint. That’s what happened with the two of them.”
It Be What it Be
With regards to the last point, not to argue with an actual lawyer widely considered the best in the field, but I suspect that will be read by Tw00fers that "THEY WERE AFRAID TO HAVE THEM TESTIFY!!11!!" as if in front of Goodell Frick and Frack would suddenly break down: "Yes! We did it! HA!HA! Brady paid us to hide Obama's Nigerian birth certificate! Steel doesn't melt jet fuel!" Though what lawyer is going to expose a witness more than he has to? Never know how their testimony will be interpreted, particularly in front of a biased arbitrator. Given how Goodell lied about Brady's testimony to him during this hearing, perhaps this was the best decision. Still, the Tw00fers have been screaming "WHY HAVEN'T WE HEARD FROM FRICK AND FRACK AND WHERE IS MY SHIFT KEY?!!" and the NFL rather hoped that myth would remain.
To begin, neither the NFL nor the Glorious World Championship Enemy Scattering [Get on with it.--Ed.] Patriots are willing to agree who suspended "Frick and Frack." Since in its punishment the NFL Troy Vincent demands that the Pats apply to him if they wish to reinstate either, the NFL claim they did not want them suspended sort of, well, adds up as well as all of their other claims.
It became an "optics" thing where the NFL encouraged some reporters who carry its water to "wonder" "if the Patriots are innocent WHY DEY SUSPENDS FRICK AND FRACK?!!!!"
"Because . . . uh . . . they demanded us to?"
So . . .
What does appear clear today is that NFL VP of Football Operations Troy Vincent has requested to meet with Patriots equipment staffer John Jastremski and locker room attendant Jim McNally before either is reinstated by the franchise. ["Snip!"--Ed.]
However,there are conflicting reports on what exactly Vincent would like to talk about. Quelle surpriseAn NFL.com report said that Jastremski and McNally could face discipline for what the NFL believes they did with the footballs. Their alleged actions — including texts and video surveillance — were detailed in the league-sanctioned Wells report. Meanwhile, Pro Football Talk reports that there is no discipline coming. According to the story, Vincent wants only to discuss the duo's role going forward. It also states that the Patriots will have representation in the room during the meeting.
The Boston Sun
Now . . . if the NFL maintains it did NOT want Frick and Frack suspended, how can it punish them? If they do NOT punish them, how can it maintain that Brady's punishment . . . and the Patriots punishment . . . is "just?"
The problem is Frick and Frack are not under any union or CBA rules that I am aware of. There are probably "Disclosure Agreements" with the Patriots but if either or both had "We'z gots Evidences--thanks!--that Bob Kraft deflates balls!" I would sort of suspect Kraft, the Pats, and all would have caved quickly. So would Brady. Anyways, assuming, then, that Frick and Frack did not break t3h r00lz, if they are punished they can certainly sue the NFL. There is no CBA unless there is some sort of "By Being Our Employee You Agree to Suck Goodell Dick as Well." So all of the excuses Goodell and the NFL used in the appeal should not protect them.
Update from a confessed homer--he jokes he wants Brady's baby and did the video that was posted earlier where he is sucking on [Foot--Ed.]balls. I like Jerry Thorton--comedian--who despite his "homer roll" does have criticisms. Anyways, since everyone is posting this, might as well use him:
WEEI.com — Following a report early Sunday of Patriots equipment staffer John Jastremski and locker room attendant Jim McNally being requested to meet with NFL executive VP of football operations Troy Vincent before either is reinstated by the team, it was thought they both could face further discipline for their role in the Deflategate case.
But apparently that won’t happen.[/i]
According to Pro Football Talk, the league will not be imposing discipline on either man. The report adds Vincent intends not to interrogate the suspended employees but to discuss their roles going forward.
. . . .
Remember when the adventures of John Jastremski and Jim McNally "Frick and Frack" captivated the world? They were international men of mystery. Central figures in a huge “scandal.” Authors of the most fascinating private texts since Tiger Woods‘ that were being read across the globe. The human race hung on every swear word. And one word — “Deflator” — entered the lexicon and became the sole basis for the most unjust punishment in the history of sports. Muhammed Ali and Jack Johnson might disagree. . . . Jastremski and McNally were the R2-D2 and C-3PO of this epic saga. And we all waited with breathless anticipation for them to break their silence, come clean and blow up Tom Brady‘s personal Death Star.
But now? Nothing. No one outside of the few remaining science-denying Deflategate truthers like that ignoramus Bart Hubbuch even mention their names any more. And now they’re going to be back on the Patriots payroll, handing out rolls of tape and keeping the energy drink buckets filled like nothing happened.
This is significant: even I wondered what "Frick and Frack" would eventually say. Conspiracy theories abounded. Now, part of it was answered during the appeal process where it was revealed that both stated they did nothing, Brady did nothing, et cetera but Pash and Wells decided not to include any of that in their report. Prior to that time, there was this sort of feeling "they're HIDING things!" Given the level the NFL went after the Patriots and Brady, how the hell could they allow them to work for an NFL team?
Well, I for one will never forget. Something did happen, and it wasn’t these guys letting air out of balls. Jastremski and McNally were railroaded. By the NFL, by the media and by the Deflategate flat-earthers who have slandered them for the crimes of texting each other in a way Ted Wells doesn’t understand and taking a pee break. Because let’s face it, if the NFL really did have something on them, if the league could prove 1 percent of the allegations against them, the Deflator and Dorito Dink wouldn’t be allowed anywhere near an NFL stadium, never mind drawing a paycheck.
So good for Jastremski and McNally. I’m sure they’d rather just get back to work and put this whole thing behind them so we won’t hear word one from either. But if they did speak I hope they’d ask where they can go to get their reputations back.
This has been reported a few places but this is the first time I have found a concise report. The show is from Showtime so may be hard to find.
NFL Cheated . . . in the Rain:
New York law professor Robert Blecker says in Deflategate, there is only one proven cheater: the NFL.
In an interview with 60 Minutes Sports, Blecker displays a piece of evidence from the Wells Report that he claims shows a clear NFL bias in the Wells Report.
The two gauges that referee Walt Anderson used to measure the Patriots footballs at halftime of the AFC Championship game have become known as the logo gauge and the non-logo gauge.
One read higher than the other by 0.4 PSI at halftime.
In the Wells Report, it's written that Anderson misremembers which gauge he used to measure the balls before the game. Blecker asserts that's not true, and believes he used the higher reading gauge before the game.
In an effort to make the two gauges seem similar despite the heavy disparity, Blecker found an incriminating measurement in Ted Wells' report.
"Looking at the photograph I went 'oh my god. I can't believe it,'' Blecker said. "They put the rulers under it, and under one they start the needle at the zero point, and at the other they start it at the 0.2 inch to make the needle seem longer to the untrained eye."
As such, one could believe the NFL cited the lower reading gauge at halftime - after OK'ing the balls with the higher reading one - to cry foul.
Blecker says this revelation would have had the NFL's case in hot water far sooner.
"That should have been brought to the attention of - first of all on appeal, to Goodell to show the obvious clear bias - and then it should have been brought to the attention of the judge - and it wasn't," Blecker said. "It should have been brought to the judge's attention, and it would have served two purposes simultaneously. One would be to show the unfairness of the investigation, but the other would also be to suggest the innocence of Brady."
Blecker said he considers himself an unlikely defender of the Patriots.
"When I first read the Wells Report I thought they cheated - and truthfully, I sort of hoped they did - because I don't like the Patriots, I still don't like the Patriots as a team," he said.
So, why is he so certain the NFL is wrong?
"Science can explain it," Blecker said. "And then increasingly there have been a rising chorus of voices including a Nobel Prize winning chemist who says the science was junk. At the appeal, the Dean of the Yale School of Management said the statistics were junk. Increasingly, the more you read, the more blogs you read, the more you think it through, the more you realize this is based on a tissue of lies."