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Deflategate Central (one thread, merged, moderated)


IndyD4U

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Brady's agent:

 

"The Commissioner’s decision is deeply disappointing, but not surprising because the appeal process was thoroughly lacking in procedural fairness. Most importantly, neither Tom nor the Patriots did anything wrong. And the NFL has no evidence that anything inappropriate occurred. The appeal process was a sham, resulting in the Commissioner rubber-stamping his own decision. For example, the Wells investigative team was given over 100 days to conduct its investigation. Just days prior to the appeal hearing, we were notified that we would only have four hours to present a defense; therefore, we didn’t have enough time to examine important witnesses. Likewise, it was represented to the public that the Wells team was ‘independent’; however, when we requested documents from Wells, our request was rejected on the basis of privilege. We therefore had no idea as to what Wells found from other witnesses, nor did we know what those other witnesses said. These are just two examples of how the Commissioner failed to ensure a fair process. Additionally, the science in the Wells Report was junk. It has been thoroughly discredited by independent third parties. Finally, as to the issue of cooperation, we presented the Commissioner with an unprecedented amount of electronic data, all of which is incontrovertible. I do not think that any private citizen would have agreed to provide anyone with the amount of information that Tom was willing to reveal to the Commissioner. Tom was completely transparent. All of the electronic information was ignored; we don’t know why. The extent to which Tom opened up his private life to the Commissioner will become clear in the coming days. The Commissioner’s decision and discipline has no precedent in all of NFL history. His decision alters the competitive balance of the upcoming season. The decision is wrong and has no basis, and it diminishes the integrity of the game.”

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Looks to me like the NFL is playing hard ball now.

 

I also agree with what others have said regarding public opinion.  

 

Brady really should just accept his punishment, and move on after week 4, but I have my doubts if he will.  Someone is really giving him BAD advice.

 

I think they're tired of being undermined by the courts, and are trying a new procedural move that might secure homefield advantage, so to speak. Doesn't mean they'll win, but they're better off staying away from David Doty's courtroom, and this move probably takes him out of the picture completely.

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Cell phones will get smashed.

That's completely common place in riots. 

 

I know a guy who guys by the nickname The Arsonist, who is noted at being at these riots.  Interestingly, he got the nickname because he's trying to "burn" away all the fat in his body.  He's an avid exerciser.  Never mind the lighter and fuel in his garage.  That's just circumstantial.

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Brady's agent:

 

"The Commissioner’s decision is deeply disappointing, but not surprising because the appeal process was thoroughly lacking in procedural fairness. Most importantly, neither Tom nor the Patriots did anything wrong. And the NFL has no evidence that anything inappropriate occurred. The appeal process was a sham, resulting in the Commissioner rubber-stamping his own decision. For example, the Wells investigative team was given over 100 days to conduct its investigation. Just days prior to the appeal hearing, we were notified that we would only have four hours to present a defense; therefore, we didn’t have enough time to examine important witnesses. Likewise, it was represented to the public that the Wells team was ‘independent’; however, when we requested documents from Wells, our request was rejected on the basis of privilege. We therefore had no idea as to what Wells found from other witnesses, nor did we know what those other witnesses said. These are just two examples of how the Commissioner failed to ensure a fair process. Additionally, the science in the Wells Report was junk. It has been thoroughly discredited by independent third parties. Finally, as to the issue of cooperation, we presented the Commissioner with an unprecedented amount of electronic data, all of which is incontrovertible. I do not think that any private citizen would have agreed to provide anyone with the amount of information that Tom was willing to reveal to the Commissioner. Tom was completely transparent. All of the electronic information was ignored; we don’t know why. The extent to which Tom opened up his private life to the Commissioner will become clear in the coming days. The Commissioner’s decision and discipline has no precedent in all of NFL history. His decision alters the competitive balance of the upcoming season. The decision is wrong and has no basis, and it diminishes the integrity of the game.”

I love Don Yee. A total sham as completely and totaled expected and I can't wait to see what Brady did provide ... get your popcorn ready!

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They aren't really suing Brady.  What they are doing is a common legal tactic to 1: Expedite the process and 2: to basically chose the venue.  Think of it as a preemptive countersuit. If the Federal court in New York rules the league was right, then Brady's only avenue from there would be the Supreme Court

 

This is why I am confused.    Also, its not a countersuit as there is no initial filing by Brady, but I know where you were going. 

 

I see you at your mailbox and you make a deflategate joke.  I get a tire iron out of my car, punch you in the nose, whack your right hand with the tire iron and thereafter find out you are a concert pianist.  Fearing that the damage to your hand may cause lost wages over the federal court jurisdiction limit for filing in federal court and I want to do something about it.  In this particular case two federal court have jurisdiction, the one with jurisdiction over the location (where you live) and with the power over me (where l live).

 

Knowing the federal court in your jurisdiction has plaintiff friendly judges and the federal court in my home state has defendant friendly judges.  I immediately fly home and before the end of the day file paperwork asking my home federal court to determine if I did anything wrong.   I am not sure what standing I would have, what my cause of action would be, and what form who the complaint take.  Do you?

 

We are sure to find out the answers to theses questions in the upcoming days.

 

Unless there is something unique in the Labor Laws, I do not see how the NFL can file the paperwork that it did in New York anymore than I can think why I can walk into my home state federal court to file paperwork as above.     

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Stuff like this just makes you wonder how much Brady and the Patriots have gotten away with during the last 10+ years

We can only imagine..  and they are so used to getting away with it.  

 

Right now I see some of them singing.....

sunll-come-out-395x500.jpg

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This is why I am confused.    Also, its not a countersuit as there is no initial filing by Brady, but I know where you were going. 

 

I see you at your mailbox and you make a deflategate joke.  I get a tire iron out of my car, punch you in the nose, whack your right hand with the tire iron and thereafter find out you are a concert pianist.  Fearing that the damage to your hand may cause lost wages over the federal court jurisdiction limit for filing in federal court and I want to do something about it.  In this particular case two federal court have jurisdiction, the one with jurisdiction over the location (where you live) and with the power over me (where l live).

 

Knowing the federal court in your jurisdiction has plaintiff friendly judges and the federal court in my home state has defendant friendly judges.  I immediately fly home and before the end of the day file paperwork asking my home federal court to determine if I did anything wrong.   I am not sure what standing I would have, what my cause of action would be, and what form who the complaint take.  Do you?

 

We are sure to find out the answers to theses questions in the upcoming days.

 

Unless there is something unique in the Labor Laws, I do not see how the NFL can file the paperwork that it did in New York anymore than I can think why I can walk into my home state federal court to file paperwork as above.     

 

You sure do love to overcomplicate things.

 

Two people who are married but filing for divorce can file separately in different states. They would do so because one state is more favorable to one side than the other. For instance, one state yields to prenups, but another state is prone to rip up a prenup and institute it's own ruling instead. 

 

This is not unlike that. 

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I have felt all along that the NFLPA and Brady were trying to Bully the NFL with all the talk of going to Court, thinking they'd get the suspension dropped.

 

NFL is calling their bluff, and taking the bull by the horns and expediting any lawsuit so it can't be dragged out.

 

Bravo.

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We shall see. Yee said he would be showing it in the coming days ... game on!

Yee has said a lot of things,  doesn't make any of it true.

 

And yes,  game on!   NFL is playing hardball now.  It's about time.

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Guilty.  As.  Sin.

 

I believe that if he does take it to court that the league could supeona (sp?) the text records?  I assume they get to do some discovery?  Can one of our lawyer types that are in this forum confirm that?

 

Now THAT would be worth popping pop corn for AMfootball ;-)

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:: facepalm :: 

 

He was NOT compelled. That's my entire point.

 

They asked, he said no. That's not being compelled. 

 

As for whether his refusal is reasonable, that's subjective. But given the considerations Wells and his team claimed they offered Brady -- just show us these couple messages, we don't even need your phone -- I don't have any trouble understanding how anyone associated with the investigation could conclude that he didn't cooperate to a reasonable degree.

I get you Supes....I don't believe Brady one bit....but I also don't think it is unreasonable to not give up his cell phone messages. Honestly I don't know why the league isn't putting more pressure on the the guys that did the ACTUAL deed to admit to it and get them to turn over. It would seem much more beneficial to try to turn them then to keep going after Brady. I am just under the opinion that an employee should be protected from their employer from unnecessary intruision into their personal life. This case not withstanding. I do think it is reasonably cooperating with an employer by sitting down and answering all their questions...making their work computers/phones/offices/lockers etc available in the investigation and not destroying company documents/equipment. Even though it isn't the cooperation WE want and the league may want....I think its reasonable. It will be a difference of opinion of reasonable so we will see what they rule. I still think its 50-50. What I don't think is much a question anymore is that Brady and the Pats were covering up something...but just because you can't get someone to welch doesn't mean they didn't cooperate. I think the League is right...but over-reaching.

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It's his phone...he can do what he likes. Famous people upgrade their phones all the time and destroy them so paparatzi etc can't get pics/info off them.

And I am sure they all have them destroyed right after they are asked to hand over text messages pertainent to an active investigation.

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There is nothing at all serious about any of your posts on this matter.  If I had the time I could go back and see how often you said his suspension wouldn't hold, etc. etc.

It won't in court I believe. I always believed commish would hold to 4 games. Although I do love the fact that the optics of this look horrible for the league with Hardy at 4 games for DV. Only Roger ...

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This is why I am confused. Also, its not a countersuit as there is no initial filing by Brady, but I know where you were going.

I see you at your mailbox and you make a deflategate joke. I get a tire iron out of my car, punch you in the nose, whack your right hand with the tire iron and thereafter find out you are a concert pianist. Fearing that the damage to your hand may cause lost wages over the federal court jurisdiction limit for filing in federal court and I want to do something about it. In this particular case two federal court have jurisdiction, the one with jurisdiction over the location (where you live) and with the power over me (where l live).

Knowing the federal court in your jurisdiction has plaintiff friendly judges and the federal court in my home state has defendant friendly judges. I immediately fly home and before the end of the day file paperwork asking my home federal court to determine if I did anything wrong. I am not sure what standing I would have, what my cause of action would be, and what form who the complaint take. Do you?

We are sure to find out the answers to theses questions in the upcoming days.

Unless there is something unique in the Labor Laws, I do not see how the NFL can file the paperwork that it did in New York anymore than I can think why I can walk into my home state federal court to file paperwork as above.

What you're describing here is a criminal matter.

A more close scenario would be that ot a marriage or even a business partnership breaking up.

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It won't in court I believe. I always believed commish would hold to 4 games. Although I do love the fact that the optics of this look horrible for the league with Hardy at 4 games for DV. Only Roger ...

Yeah, optics are irrelevant in court.

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because it is all or nothing in court. And a judge would be much more likely to uphold 2 games as opposed to 4 which is ridiculous for this "offense."

I was wondering how long it'd be before you showed up. Always entertainment

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