Deflategate merge -- pending appeal results

[Bad Morty]

First of all , I said in the event. If this process is Brady , his attorney Wells and Goodall .. it's pretty unlikely anyone is going to prove Brady is lying. Get it ? Secondly what I said is how in the world does Tom Brady end up in jail if he lies to Goodall ? You and McCann are very very silly to say that Brady is risking his freedom. Tell it to some stooge Pat fan with his belly hanging over his pants . Please don't try to feed that on nonsense to me

Technically, I didn't say he was risking his freedom. I just said that McCann said he was. However, from my perspective, I find it not all that plausible that somebody would agree to make a point of testifying under oath who feared that something might come out (say, for example, text messages on his phone or tales from former employees) that would make him look like a perjurer to go along with whatever else people think of him.

[Cynjin]

You're not gonna suck me in to this one Morton! I don't want to be suspended for another six weeks.

You got suspended for six weeks?

[jvan1973]

Per Michael McCann: "Tom Brady testifying under oath mean's he's putting his actual freedom on the line in arguing that the NFL got it wrong"

No, no it doesn't. He isn't in a court of law.

[amfootball]

No, no it doesn't. He isn't in a court of law.

Right. I think it was more to have the record of his testimony should this go to court.

[bababooey]

Why aren't the two dorito dinks there? The NFL still has more questions to ask them.

[Gramz]

Why aren't the two dorito dinks there? The NFL still has more questions to ask them.

 you mean tweedle dee and tweedle dum?  My guess is they probably have some signed statements from them.

 

[Moose Of Woe]

He should get his suspension reduced to an atonement for his sin.

 

Walk naked through times square while all the elmos and mickey mouses throw trash at him while Goodell walks behind him ringing a bell and yelling "SHAME".

 

The SUPER NUN from Game of Thrones would be more hilarious than Roger.

[Yehoodi]

No, no it doesn't. He isn't in a court of law.

 

What? . . . . you do not have to be in a court of law to commit perjury.    One can be subject to perjury charges if he makes statements under the penalties of perjury.   For example the signing of your tax returns.

[dw49]

Technically, I didn't say he was risking his freedom. I just said that McCann said he was. However, from my perspective, I find it not all that plausible that somebody would agree to make a point of testifying under oath who feared that something might come out (say, for example, text messages on his phone or tales from former employees) that would make him look like a perjurer to go along with whatever else people think of him.

 

 

People lie under oath all the time. As far as "tales from other employees" , he just says the guy or girl is lying. Not rocket science here.

 

Furthermore , I just believe that Brady knew what was going on. I never said it was 100% fact. Just saying that if one considers the video and the text messages , that it's a very logical conclusion that it happened as Wells and the NFL think it happened. I've taken strong offense to some of what you and others have said regarding why the evidence points to the contrary as I have thought much of it was not too intelligent. 

[buccolts]

Isn't that a bit like getting a character reference from your mother.

 

I think Hernandez asked for one also.

[dw49]

What? . . . . you do not have to be in a court of law to commit perjury.    One can be subject to perjury charges if he makes statements under the penalties of perjury.   For example the signing of your tax returns.

 

 

Wouldn't someone have to press charges against him ? In this instance , who would that person be ? Also never knew you would be prosecuted for perjury by falsifying a tax return. I would think it would fall under falsifying a document or tax evasion , but I'm not an attorney. My point was that even if Brady were guilty and testified to his innocence under oath , the chance that he would be incarcerated is really far fetched. Even though we have an attorney to two saying I'm wrong .. guess what... I'll stand behind that statement . 

[Yehoodi]

Wouldn't someone have to press charges against him ? In this instance , who would that person be ? Also never knew you would be prosecuted for perjury by falsifying a tax return. I would think it would fall under falsifying a document or tax evasion , but I'm not an attorney. My point was that even if Brady were guilty and testified to his innocence under oath , the chance that he would be incarcerated is really far fetched. Even though we have an attorney to two saying I'm wrong .. guess what... I'll stand behind that statement . 

 

for taxes it is up to three years  https://www.law.cornell.edu/uscode/text/26/7206#1

 

The key thing is when one makes a statement "under the penalties of perjury"; more often than not it comes with affidavits or in Brady's case under oath.  Its basically a way to keep people honest without the need to be in a court proceeding.  The person receiving the affidavit wants to make sure that the affiant is taking a step to be honest. 

 

Basically it would look like this.

 

I, Yehoodi, depose and say:

 

1) My name on Coltsfan forum is Yehoodi

 

2) My avatar is a picture of Brady and Coach Belichick

 

3) I am a Pats Fan.

 

Made under penalties of perjury this 23rd day of June 2015. 

 

[then I sign it]

 

If I would add an untruth or false statement then I would commit perjury. 

 

I am not 100% sure who could bring the action, if it would be the prosecutors on their own or if the NFL could file a complaint in state or federal court, my best guess is that it could be either one, as the NFL is one that would be harmed by the false statment.  (like a person who is assaulted can press charges)

[Cynjin]

for taxes it is up to three years  https://www.law.cornell.edu/uscode/text/26/7206#1

 

The key thing is when one makes a statement "under the penalties of perjury"; more often than not it comes with affidavits or in Brady's case under oath.  Its basically a way to keep people honest without the need to be in a court proceeding.  The person receiving the affidavit wants to make sure that the affiant is taking a step to be honest. 

 

Basically it would look like this.

 

I, Yehoodi, depose and say:

 

1) My name on Coltsfan forum is Yehoodi

 

2) My avatar is a picture of Brady and Coach Belichick

 

3) I am a Pats Fan.

 

Made under penalties of perjury this 23rd day of June 2015. 

 

[then I sign it]

 

If I would add an untruth or false statement then I would commit perjury. 

 

I am not 100% sure who could bring the action, if it would be the prosecutors on their own or if the NFL could file a complaint in state or federal court, my best guess is that it could be either one, as the NFL is one that would be harmed by the false statment.  (like a person who is assaulted can press charges)

 

Do you think Brady was put under oath in case Brady decides to take this to court?  I can't imagine the NFL would file perjury charges against Brady.

[dw49]

for taxes it is up to three years  https://www.law.cornell.edu/uscode/text/26/7206#1

 

The key thing is when one makes a statement "under the penalties of perjury"; more often than not it comes with affidavits or in Brady's case under oath.  Its basically a way to keep people honest without the need to be in a court proceeding.  The person receiving the affidavit wants to make sure that the affiant is taking a step to be honest. 

 

Basically it would look like this.

 

I, Yehoodi, depose and say:

 

1) My name on Coltsfan forum is Yehoodi

 

2) My avatar is a picture of Brady and Coach Belichick

 

3) I am a Pats Fan.

 

Made under penalties of perjury this 23rd day of June 2015. 

 

[then I sign it]

 

If I would add an untruth or false statement then I would commit perjury. 

 

I am not 100% sure who could bring the action, if it would be the prosecutors on their own or if the NFL could file a complaint in state or federal court, my best guess is that it could be either one, as the NFL is one that would be harmed by the false statment.  (like a person who is assaulted can press charges)

 

 

I believe I was correct when I said "signing your tax return when you know it's not true is fraud and not perjury." You getting a little tricky on me ? Doesn't perjury on your tax return refer to if you submit a document with your return that you claim to be true under the penalties of perjury ? So when you say signing your tax returns and you know everything stated there is not correct .. I think at most they can make you pay the taxes and add penalties. Could come after you for fraud but perjury for signing your tax return ? I don't think so . Just to refresh you stated...." For example the signing of your tax returns."

 

 

As far as Brady ending up in jail for falsely testifying today .. that's ridiculous. Is it possible ? Yeah I'll take your word for it . But what are the chances of that ? Maybe like the same as me going out with Kate Upton tonight. It's ridiculous to say he's "risking his freedom." Stupid .. ignorant .. silly... take you pick as they all fit the bill.

[amfootball]

I believe I was correct when I said "signing your tax return when you know it's not true is fraud and not perjury." You getting a little tricky on me ? Doesn't perjury on your tax return refer to if you submit a document with your return that you claim to be true under the penalties of perjury ? So when you say signing your tax returns and you know everything stated there is not correct .. I think at most they can make you pay the taxes and add penalties. Could come after you for fraud but perjury for signing your tax return ? I don't think so . Just to refresh you stated...." For example the signing of your tax returns."

 

 

As far as Brady ending up in jail for falsely testifying today .. that's ridiculous. Is it possible ? Yeah I'll take your word for it . But what are the chances of that ? Maybe like the same as me going out with Kate Upton tonight. It's ridiculous to say he's "risking his freedom." Stupid .. ignorant .. silly... take you pick as they all fit the bill.

I wonder if he did it to prove to Roger that he is telling the truth. Roger said he wanted to hear from him directly and look him in the eye. I don't know. It seems weird to me that he was under oath at a hearing. Maybe posturing for court?

[Yehoodi]

Do you think Brady was put under oath in case Brady decides to take this to court?  I can't imagine the NFL would file perjury charges against Brady.

 

To be honest I would think that they were interviewed under oath in the Wells investigations but I could be wrong.   Really any two folks can get together and agree that one or both are making statements under penalties of perjury. 

 

As for any further litigation, yes my guess was he did agree to go under oath and that NFL wanted him to so it could be brought up later in court. 

 

I am not 100% sure but the statements made under oath at a non court proceeding may be brought in the trial.  But like other earlier court proceedings the earlier statements may only come in to bolster credibility or challenge credibility and do not come in for the truth of the matter, the testimony at the present trial is was controls.

 

So if an earlier court proceedings (say probable cause hearing or motion to suppress hearing (both criminal) or a motion to dismiss (criminal or civil)) a witness says "I did not see the light turn red"  Then at trial says "I witness the light turn red" which comes in for the truth of the matter (can be used as evidence by the fact finder), the opponent can on cross examination ask "did you not say at an earlier hearing under oath that you 'did not see the light turn red'"? This statement from the earlier hearing can not come in to supplant the testimony at trial, but can only come in as a prior inconsistent statement which goes to the credibility of the witness, that is the jury are allowed to find, if you lie then you might be lying now.   

 

One may also bolster a challenged credibility of a witness by showing prior consistent statements.

[dw49]

I wonder if he did it to prove to Roger that he is telling the truth. Roger said he wanted to hear from him directly and look him in the eye. I don't know. It seems weird to me that he was under oath at a hearing. Maybe posturing for court?

 

 

No doubt he would appear more believable if he agreed to be under oath to tell the truth. As far as posturing for court ..that's beyond my scope.

[southwest1]

I was not talking about any of that. Normally you are very balanced in your view points with regards to all things. But on this topic you seem to have already made up your mind about the whole situation based on Brady's presser in Jan? That is the part I can't wrap my head around. None of us knows what really happened but boy is there a lot of holes in the league's case here and yet you seemed locked down in your opinion based on a press conference from months ago. And also willing to set aside Brady's 15 years of impeccable character and integrity as one of the sports best ambassadors. I do believe that Brady has EARNED the benefit of the doubt on this one especially given the gaping holes in the Wells report. But you seem to already have made up your mind that he is a liar and a cheat based on presser that was held before we knew anything and now that we do have more information you are still hanging on to that presser. I just don't get it.

 

In terms of the suspension, I have said many times that I do not think Roger takes a game off. Although there have been some stories that Brady may have sent his phone records ahead of the appeal so the league could verify them. IF that is true than maybe a game or two comes off. But that is it. I believe at that point it probably goes to court where the NFL has had a lousy record since Roger has been commish so it has a good chance to get knocked all the way down.

 

But overall this has no effect on Brady as I have said repeatedly in terms of his legacy whether he serves 4 games or none. What effected his legacy the most was winning THAT super bowl on Feb. 1. He had to win that game and he did to become the sports biggest winner and most accomplished player in the SB era. The only thing this suspension really effects is this season which again is largely irrelevant to Brady's legacy. The man does not have to win another game but he will be out there whether in Sept or Oct going for the unprecedented 5th ring for a QB.

I appreciate your kind words on behalf of my usual neutrality/benefit of the doubt stance on sports related topics surrounding iconic athletes thank you. Yes, I will freely admit that I don't believe Tom Brady when he expects me to believe that 2 ball boys 1 named "the deflator" & 1 invited to his office/QB Room would out of the blue deflate game balls without Brady's prior consent. Also, Brady's 15 years of impeccable service has no sway with me at all unless he admits he made a mistake & once that happens, if that happens, I will take that [his tenure in this league] into account with the appeals process because when the moment of truth arrived he would have done the right thing. 

 

Yes, you did say the Commissioner will preserve his original 4 game suspension that is true, I will give you credit for that. However, I said that no judge in their right mind is going to go against the CBA or an agreement negotiated by the Players Association & Owners who gave Goodell supreme disciplinary authority here. See this article: 

 

http://espn.go.com/blog/new-england-patriots/post/_/id/4782428/what-happens-if-tom-brady-doesnt-get-appeal-result-he-desires

 

This section specifically: 

 

"Brady could go to court and say, 'I didn't get a fair hearing and the basic tenets of due process were violated' because you can't have the same person reviewing his own decision. I don't think it's going to work because the collective bargaining agreement gave Goodell this power. We've seen other cases where it's happened, but it's rare. So my thoughts are that the appeal is the end of the day: Whatever Goodell decides, that's what is going to happen."

 

Also, I don't see Brady being granted an injunction to has his suspension lifted & still play ball while this case is taken to another court outside the NFL personally. See this article: 

 

http://www.cbssports.com/nfl/eye-on-football/25222569/roger-goodell-hears-tom-bradys-deflategate-appeal-3-things-to-know

 

"Brady and the NFLPA would argue that the process was unfair, that Brady is entitled to a neutral arbitrator (despite the fact that the players gave that right to Goodell), and that the results are unfair -- the evidence in the Wells report doesn't justify a suspension.

 

One problem: The court system can be glacially slow, which means that by the time Brady's case is heard he could have already missed four games. The solution: Ask the judge to grant an injunction, which would allow him to play while the process plays out in federal court.

 

Of course, Goodell could take his time making a decision, too. As NFL.com's Albert Breer writes, "Say training camp is underway when the decision comes from Goodell. Would Brady want to keep fighting or get on with 2015?"

 

You claim "it has a good shot at get knocked all the way down." No, it doesn't. Just because Brady feels the suspension is unwarranted or unprecedented, it doesn't mean that Brady's rights were violated. It just means that most magistrates won't interfere with a collectively bargained labor agreement that gave Goodell the authority to hand out punishment especially representing the Natl. Football League. Also, what if Goodell claims this punishment was just an extension of SpyGate that the team was previously warned about & Brady's refusal to cooperate now with the Wells investigation as the face of the franchise cannot be ignored or dismissed because of his name, recognition, or fame. 

 

His HOF legacy is secure yes I agree, but he doesn't get a pass in my book because he's going for a 5th ring. I could care less about that personally. 

[southwest1]

for taxes it is up to three years  https://www.law.cornell.edu/uscode/text/26/7206#1

 

The key thing is when one makes a statement "under the penalties of perjury"; more often than not it comes with affidavits or in Brady's case under oath.  Its basically a way to keep people honest without the need to be in a court proceeding.  The person receiving the affidavit wants to make sure that the affiant is taking a step to be honest. 

 

Basically it would look like this.

 

I, Yehoodi, depose and say:

 

1) My name on Coltsfan forum is Yehoodi

 

2) My avatar is a picture of Brady and Coach Belichick

 

3) I am a Pats Fan.

 

Made under penalties of perjury this 23rd day of June 2015. 

 

[then I sign it]

 

If I would add an untruth or false statement then I would commit perjury. 

 

I am not 100% sure who could bring the action, if it would be the prosecutors on their own or if the NFL could file a complaint in state or federal court, my best guess is that it could be either one, as the NFL is one that would be harmed by the false statment.  (like a person who is assaulted can press charges)

I appreciate your example here Yehoodi providing a concrete example of perjury lying about one's tax returns. I have no problem with either Ted Wells or Tom Brady being cross examined/testifying under oath. 

 

I'm no legal guru nor will I pretend to be one, but I do appreciate your insights on legal proceedings. Thank you. At this point, all I want is a final resolution so we can all turn the page & just enjoy quality football again. 

[southwest1]

Look, at the end of the day, I enjoy watching Tom Brady play football except when he demolishes my Colts. I'm not very fond of that at all.  Now, that's not Tommy's fault. It usually means surprise surprise we failed to stop the run, but I digress. Anyway, at some point, this entire investigation must come to a close. Do we throw the baby out with the bathwater? No. Do we split the baby in 2? Maybe. Do we keep the baby in the crib & maintain the original penalty no matter the feeling of outrage by some fans?

 

I honestly think Goodell & Brady are ready to end this feud & find a happy medium which is a reduced 2 game suspension. That way neither side is happy & yet both sides get something in return. That's justice to me when neither constituency is overjoyed. Brady pays a price for obstruction, Roger looks less dictatorship like, & Brady will play INDY with "additional motivation." Please Andrew Luck & company bring your A game that night or it's gonna be a long, brutal evening on October 18, 2015 & no bulletin board material Colts defense that fires up the NE offense. Thanks. 

 

We gotta make INDY vs NE a rivalry again vs a 1 sided bloodbath....That's all I want for Christmas Santa I swear...We all know what time it is...The Lombardi Promiseland or bust baby...

[ReMeDy]

 But he has maintained his innocence from day one and is seeking complete exoneration with the appeal and court if necessary.

 

And yet he refused to cooperate when his employer asks him to turn over his cellphone. Meanwhile, his team wants to get on with the season, yet baby boy Brady is whining and wants to take this to some kind of higher court if he doesn't get the result he wants with his crack team of expert lawyers -- the best money can buy!

I recall he also mentioned he had never heard of the equipment guy when asked about him. It's a good thing they're having Brady take the oath. Maybe he'll burst into flames when he lies again.

[dw49]

From Schefter today:

 

Adam Schefter ‏@AdamSchefter 39m39 minutes ago

Patriots owner Robert Kraft, now out of country, wrote an affidavit to be introduced into today's appeal, supporting Tom Brady's character.

 

 

Powerful stuff.... 

[snkdy]

http://espn.go.com/boston/nfl/story/_/id/13137796/appeal-hearing-new-england-patriots-qb-tom-brady-ends-10-hours-testimony

 

 

"Sources also told Schefter that Brady came off as very genuine, earnest, and persuasive, addressing every issue raised in the league-sanctioned Wells report during Tuesday's hearing which lasted 10 hours. One of the sources called it "an A+ performance."

 

 

"Patriots owner Bob Kraft, who is on a trip to Israel with a group of Pro Football Hall of Famers, sent a sworn affidavit backing Brady. One source said the affidavit was very compelling, and had "almost a holy feel to it".

[southwest1]

I know. Hopefully Goodell gets called to the mat on all his lying ...

I see what you did there AMF. Place blame at Goodell's doorstep for a crime, a violation, your guy Brady never committed right? It's a minor suspension. #12 isn't being led in shackles to a SuperMax prison okay. 

 

Jeffrey Kessler's assertion that "We made a compelling case" means nothing. What's he supposed to say? We failed to deliver the goods today?  And why do all these reporters say Kessler's name like I'm supposed to pee my pants & quiver in fear at the mear mention of his name. Please. Give me a break. 

 

http://www.usatoday.com/story/sports/nfl/patriots/2015/06/23/tom-brady-deflategate-appeal-suspension-roger-goodell-jeffrey-kessler/29192341/

 

Okay, Mr. Kessler is a thorn in the side of Roger Goodell. He defended RB Adrian Peterson in his child abuse scandal. He's a solid shark. The best money can buy...

 

http://bleacherreport.com/articles/2464433-meet-tom-bradys-lawyer-nfl-archenemy-jeffrey-kessler

 

But let's stop treating Kessler like he's the best defense attorney since the late Johnny Cochran alright. Is Brady going fly him to Jamaica if he gets Tommy's suspension reduced? No. 

[southwest1]

http://espn.go.com/boston/nfl/story/_/id/13137796/appeal-hearing-new-england-patriots-qb-tom-brady-ends-10-hours-testimony

 

 

"Sources also told Schefter that Brady came off as very genuine, earnest, and persuasive, addressing every issue raised in the league-sanctioned Wells report during Tuesday's hearing which lasted 10 hours. One of the sources called it "an A+ performance."

 

 

"Patriots owner Bob Kraft, who is on a trip to Israel with a group of Pro Football Hall of Famers, sent a sworn affidavit backing Brady. One source said the affidavit was very compelling, and had "almost a holy feel to it".

I have no doubt that Brady was sincere in his belief that he is completely innocent of any wrongdoing, but it still doesn't explain what exactly "The Deflator" was doing in a bathroom with no urinal in there. So, either Tommy's incompetent having no idea what trusted locker room personnel are doing or these 2 guys just went rogue & off the reservation. I don't buy either hypothesis. 

 

This is where VL & his science proves that the game balls on the Pats side lost pressure naturally or no record of the gauge readings was kept loses all credibility to me. How does VL explain what "The Deflator" was doing & that he left the locker room without referee Walt Anderson's final approval carrying NE's game balls? You can't sidestep those glaring pot holes can ya? 

 

Robert Kraft has always spoken highly of Brady. I would expect nothing less. Just because he returned from Israel, let's not turn Kraft's endorsement of Brady's character into a Nelson Mandela & Mother Theresa moment somehow inferring that if those 2 esteemed humanitarians had a child together Tommy Brady would be their proud offspring okay. I'm being sarcastic here, but honestly NE fans was Brady born in a manger too? It's a bit over the top. Relax & return to earth please. Thank you. 

[Happy2BeHere]

Who said anything about having to agree? My point was that it's weird to act surprised that this topic continues to garner so much interest and take up page after page when there's just as many Colts fans arguing about it as there are Patriots fans. That's how these forums work...and if you wish these threads would stop growing and growing, well....stop contributing to them.

 

And please, if you think our presence here is a pre-calculated effort to bait then I don't know what to tell you. That's just stupid.

 

Exactly...yet you keep going on and on...I don't get it. It's really quite hypocritical on your part.

[crazycolt1]

I have no idea on Bill. My feeling per his comments from mini camp is he is just getting on with the season as he always does. He is focused 100 percent on 2015. I do think he would like to know if Brady will be suspended or not but also understands he may not get that answer for quite some time.

 

I said Brady believes he is 100 percent innocent because none of us including myself knows if he is. But he has maintained his innocence from day one and is seeking complete exoneration with the appeal and court if necessary.

Since when does "I don't think so" mean no? Remember this is not Isis and no one got killed.

[southwest1]

The fact that Goodell gave Brady's legal team over 4 hours today to state their appeal actually bodes well in Roger's favor. I say that because if Brady isn't happy with the Commissioner's decision & he tells Kessler to proceed to another courtroom that judge will say this to Brady:

 

It's my understanding that Roger Goodell moved the proceedings to a larger conference room to accommodate everyone mostly your arsenal of lawyers & that he gave your representation over 5 hours to plead your case. Is that correct Mr. Brady? Yes. So, it sounds like the Commissioner of the NFL was more than fair to you, your lawyers, & your civil rights. Therefore, I'd say you were given your day in court, you had ample time to state your case, & your motion to try this case in my courtroom is denied & the final ruling by Roger Goodell stands. Court is adjourned. Have a nice day.

 

Your honor I object on behalf of my client. You can object all you want Mr. Kessler, but 5 straight hours in NY at League Headquarters is plenty of time to articulate your viewpoints & have your arguments  addressed. We're done here unless you can prove to me that Mr. Brady was denied the access to competent counsel or that he was denied access to the witness stand. Slams gavel. Goodbye Mr. Kessler & Mr. Brady. Goodell's punishment stands. I see no reason to alter a collectively bargained NFL agreement that gave Roger Goodell the authority to rule on behalf of this appeal & if you take issue with that fix it at the next CBA negotiation. Just because your client is displeased with the Commissioner's decision doesn't mean I will intervene into an area that doesn't concern me. 

[southwest1]

Mortensen is reporting that Ted Wells will be at the meeting.

I'd love to see Ted gradually point out in that meeting that he has no agenda against either Brady or the NE Patriots. Probable awareness is the only thresh hold he needed to reach not beyond a reasonable doubt. And that Mr. Wells can be just as compelling & authentic on the stand as Tom Brady is. If Tom Brady had turned over his text messages thru his attorney & originally cooperated like he promised he would, none of would be here today now would we? Hmmm...

[southwest1]

At this point since so much time has passed I wouldn't trust what is or is not on Brady's phone now. You would have to go to the Cell provider to get the truth

You're probably right, but a solid IT expert can retrieve almost anything off of someone's phone that they thought was deleted forever. I still know people from all 3 universities I graduated from that can do this in their sleep.

[southwest1]

Ted Wells and Jeffry Kessler, (2 high powered lawyers) arguing science in front of Goodell...  that would be worth buying a ticket to attend...

 

No doubt they will thrust and parry and bludgeon each other to death...

 

Last I knew, this was Brady's focus for appeal-

 

**************************************************************************************************

Brady's counsel will contend that Goodell violated the collective bargaining agreement by delegating authority to executive vice president Troy Vincent to hand down Brady's punishment.

Brady's counsel also plans to argue that the penalties for Brady are "grossly inconsistent" with the league's past discipline of similar alleged conduct.

In addition, Brady's counsel will detail how the Wells report "grasps at dubious, contradictory and mischaracterized circumstantial evidence." Because of this, it will be argued that the report is a "legally inadequate basis upon which to impose unprecedented discipline."

**************************************************************************************************

Can't you just see that TV episode on "Big Bang Theory" on CBS? Call it "Why Balls Don't Always Bounce: The PSI Predicament." Sheldon would be hilarious fighting with Leonard over this debate. 

[southwest1]

This sign made me laugh. This persecution Tom Terrific fetish needs to be taken down about 1,000 degrees if you ask me...Case in point below: [brady is so oppressed. Yeah right]

 

[SteelCityColt]

This sign made me laugh. This persecution Tom Terrific fetish needs to be taken down about 1,000 degrees if you ask me...Case in point below: [brady is so oppressed. Yeah right]

 

 

[Bad Morty]

I have no doubt that Brady was sincere in his belief that he is completely innocent of any wrongdoing, but it still doesn't explain what exactly "The Deflator" was doing in a bathroom with no urinal in there.

The team (who is "the deflator's" employer) was punished...excessively imo...for the deflator's trip to the bathroom. That's not on Tom Brady.

[Bad Morty]

that Mr. Wells can be just as compelling & authentic on the stand as Tom Brady is.

If Well's angry unhinged ranting phone conference is any indication, I'd say this is not at all the case.

[amfootball]

http://espn.go.com/boston/nfl/story/_/id/13137796/appeal-hearing-new-england-patriots-qb-tom-brady-ends-10-hours-testimony

 

 

"Sources also told Schefter that Brady came off as very genuine, earnest, and persuasive, addressing every issue raised in the league-sanctioned Wells report during Tuesday's hearing which lasted 10 hours. One of the sources called it "an A+ performance."

 

 

"Patriots owner Bob Kraft, who is on a trip to Israel with a group of Pro Football Hall of Famers, sent a sworn affidavit backing Brady. One source said the affidavit was very compelling, and had "almost a holy feel to it".

This hopefully is good news. I am not surprised Brady was his own best ally in this case. As in the end it is about him and how believable he is in his own defense.

[amfootball]

Powerful stuff.... 

Yeah. You know the one bright spot in this whole thing has been Kraft's support of Brady. From before the SB until now. I know many Pats fans were upset when Kraft capitulated on the team penalties but he has always supported Brady and that has been really cool to see. These types of issues can have a way of tearing orgs apart and it is apparent Kraft is doing all he can to be together with Brady on this.

[HOZER]

http://espn.go.com/boston/nfl/story/_/id/13137796/appeal-hearing-new-england-patriots-qb-tom-brady-ends-10-hours-testimony

"Sources also told Schefter that Brady came off as very genuine, earnest, and persuasive, addressing every issue raised in the league-sanctioned Wells report during Tuesday's hearing which lasted 10 hours. One of the sources called it "an A+ performance."

"Patriots owner Bob Kraft, who is on a trip to Israel with a group of Pro Football Hall of Famers, sent a sworn affidavit backing Brady. One source said the affidavit was very compelling, and had "almost a holy feel to it".

I don't believe a word shefter or his "sources" say, that guys a brady homer.

[jvan1973]

What? . . . . you do not have to be in a court of law to commit perjury. One can be subject to perjury charges if he makes statements under the penalties of perjury. For example the signing of your tax returns.

The NFL isn't going to have him prosecuted

[amfootball]

 

I appreciate your kind words on behalf of my usual neutrality/benefit of the doubt stance on sports related topics surrounding iconic athletes thank you. Yes, I will freely admit that I don't believe Tom Brady when he expects me to believe that 2 ball boys 1 named "the deflator" & 1 invited to his office/QB Room would out of the blue deflate game balls without Brady's prior consent. Also, Brady's 15 years of impeccable service has no sway with me at all unless he admits he made a mistake & once that happens, if that happens, I will take that [his tenure in this league] into account with the appeals process because when the moment of truth arrived he would have done the right thing. 

 

Yes, you did say the Commissioner will preserve his original 4 game suspension that is true, I will give you credit for that. However, I said that no judge in their right mind is going to go against the CBA or an agreement negotiated by the Players Association & Owners who gave Goodell supreme disciplinary authority here. See this article: 

 

http://espn.go.com/blog/new-england-patriots/post/_/id/4782428/what-happens-if-tom-brady-doesnt-get-appeal-result-he-desires

 

This section specifically: 

 

"Brady could go to court and say, 'I didn't get a fair hearing and the basic tenets of due process were violated' because you can't have the same person reviewing his own decision. I don't think it's going to work because the collective bargaining agreement gave Goodell this power. We've seen other cases where it's happened, but it's rare. So my thoughts are that the appeal is the end of the day: Whatever Goodell decides, that's what is going to happen."

 

Also, I don't see Brady being granted an injunction to has his suspension lifted & still play ball while this case is taken to another court outside the NFL personally. See this article: 

 

http://www.cbssports.com/nfl/eye-on-football/25222569/roger-goodell-hears-tom-bradys-deflategate-appeal-3-things-to-know

 

"Brady and the NFLPA would argue that the process was unfair, that Brady is entitled to a neutral arbitrator (despite the fact that the players gave that right to Goodell), and that the results are unfair -- the evidence in the Wells report doesn't justify a suspension.

 

One problem: The court system can be glacially slow, which means that by the time Brady's case is heard he could have already missed four games. The solution: Ask the judge to grant an injunction, which would allow him to play while the process plays out in federal court.

 

Of course, Goodell could take his time making a decision, too. As NFL.com's Albert Breer writes, "Say training camp is underway when the decision comes from Goodell. Would Brady want to keep fighting or get on with 2015?"

 

You claim "it has a good shot at get knocked all the way down." No, it doesn't. Just because Brady feels the suspension is unwarranted or unprecedented, it doesn't mean that Brady's rights were violated. It just means that most magistrates won't interfere with a collectively bargained labor agreement that gave Goodell the authority to hand out punishment especially representing the Natl. Football League. Also, what if Goodell claims this punishment was just an extension of SpyGate that the team was previously warned about & Brady's refusal to cooperate now with the Wells investigation as the face of the franchise cannot be ignored or dismissed because of his name, recognition, or fame. 

 

His HOF legacy is secure yes I agree, but he doesn't get a pass in my book because he's going for a 5th ring. I could care less about that personally. 

 

My understanding of the fed case would be for Brady to argue the process of how the league came to punish him and of course the punishment itself as the CBA says the league has to be consistent and fair with its punishments. I don't believe his side would argue about Goodell hearing the appeal as you say it was neg. by the PA to give Roger that power BUT that does not preclude a neutral judge from determining that in this case Brady was not given due process given how involved Roger was with this particular case thereby compromising his ability to be truly independent in his verdict.

 

I think with any fed court it is never a slam dunk. I do think Brady has a strong case but as you say how much does he want to drag this out? My feeling is this is his rep on the line and if he is completely innocent I can seem him taking this to the limit as he has nothing left to prove on the football field. He is a 4 time champ, 38 years old and Bill will figure out 2015 with him out for 4 games.

 

My hope SW is that this ends with the appeal verdict. I do hope and pray sound minds prevail here from both sides. I have no idea how Brady would be ultimately satisfied even with one game but I do hope it does get resolved. I am eager more than ever to watch this team try to get ring 5. Brady is only the third QB in the history of the game to have a chance at 5. The thought gives me goose bumps.