Brady Wins, Deflategate Suspension Nullified

[TheBlackHand]

Someone is arguing they got let go for the memorabilia

Hey, I'm not going to ESPN yet

Hey come help the deflator, need some new kicks

[ricker182]

You need to stop.

The chart listed above shows Colt balls under 12.5.

That is, by definition , illegal . Never before has the NFL shown ANY interest in the IGLs.

I need to stop? What? Who are you?

I'm just questioning your hypocrisy.

[ColtsFan1976]

Bill Simmons wrote on his twitter account that Brady testified under oath at the federal hearing he had no involvement in deflating footballs.  Simmons then went on to write why would Brady risk perjury and possible jail time.  I am still trying to find this information if true.  I mean, Brady's testimony at the appeals hearing was probably submitted to the federal court.  If Brady did not testify under oath then Simmons is wrong as usual.  Probably blinded by Brady's...  Well, do not want to get banned.  Lol. 

[Coltsince4]

For me just seeing him go through the Cr$% he had to go though is good enough for me!! Lets move on and start the season!! 

[ViriLudant]

I need to stop? What? Who are you?

I'm just questioning your hypocrisy.

YOU are the one claiming that no Colt balls were under 12.5.

That's demonstrably false.

[ViriLudant]

Bill Simmons wrote on his twitter account that Brady testified under oath at the federal hearing he had no involvement in deflating footballs. Simmons then went on to write why would Brady risk perjury and possible jail time. I am still trying to find this information if true. I mean, Brady's testimony at the appeals hearing was probably submitted to the federal court. If Brady did not testify under oath then Simmons is wrong as usual. Probably blinded by Brady's... Well, do not want to get banned. Lol.

Brady testified under oath during the appeal hearing, I know that. I don't think that he testified in the federal case, but not certain.

[Bubbz]

For the last time. The NFL told the Patriots to suspend them.

yeah, clearly the patriots dont have any qualms with doing exactly as the nfl wishes.. ha

[Bubbz]

 Not only that, misinformation should be corrected.

you could solve a good chunk of that problem by not posting.

 

fact

[ColtsBlueFL]

At Bubbz,

 

{snipped}

 

Meanwhile even the readings of the PSI contained are arbitrary conducted incorrectly. How can anyone make a judgment call that these readings can be interpreted as guilty or innocent either way?

 

{snipped}

You made this claim, now prove it on your next post in detail, or be known as yet another Pats fan lying to stir up trouble here.

 

Show your own tests, and/or or show exactly where others failed in conducting their own tests (Exponent, mine, etc...).  Opinion and feelings do not fly on this claim.  Back it up with specifics or retract your statement publicly! This is not a gentle suggestion... this is a demand. I grow impatient of Patriot Nation posters making bold clains without the capability to support or prove those claims. And I will call them out to produce every time henceforth at this point.

 

Put up, or shut up.  The floor is yours...  redeem yourself...  if you can.

[ColtsBlueFL]

you could solve a good chunk of that problem by not posting.

 

fact

 

 

OK, ... yes... I LOL'd....

[ColtsBlueFL]

You need to stop.

The chart listed above shows Colt balls under 12.5.

That is, by definition , illegal . Never before has the NFL shown ANY interest in the IGLs.

 

Really?  You want to go there?  Here we go:

 

Colts game day balls pressures-

5 out of of 8 above minimum standard on the two gauges. More than one half of those balls were still legal!!

 

Patriots game day ball pressures-

 

absolute NONE of them legal. Zero... Nada...Zilch. on either gauge.  

 

(but you can't go on just this, now can you?  So why call out Colts posters using such data... that is fraudulent)

 

Your starting to make me think you are just trying to rile up Colts fans and you don't really think or support what you spout...

[ricker182]

Really? You want to go there? Here we go:

Colts game day balls pressures-

5 out of of 8 above minimum standard on the two gauges. More than one half of those balls were still legal!!

Patriots game day ball pressures-

absolute NONE of them legal. Zero... Nada...Zilch. on either gauge.

(but you can't go on just this, now can you? So why call out Colts posters using such data... that is fraudulent)

Your starting to make me think you are just trying to rile up Colts fans and you don't really think or support what you spout...

No. Just blind homerism on their part.

Kind of disturbing if you ask me.

[ricker182]

Fact:

Tom Brady is a lying, cheating weasel.

This isn't so tough.

[ricker182]

Fact:
NE patriots stripped of their first round pick AGAIN!

Quit whining about punishments and just quit cheating.

Reminds me of that popular scene in LIAR, LIAR. NSFW LANGUAGE

[Yehoodi]

Correct. And in the business world, if that agreement is silent as to the specific act and penalty, the company can't impose one. Its not implied that the CEO can do what he wants.

In the NFL, if the agreement is silent as to the penalty, the CBA gives the commish the ability to impose what he wants, as long as it imposed with the integrity of the league in mind and without malice towards the employee. They agreed to that power because both sides have a vested interest in fostering the integrity of the NFL.

Agreeing to that power renders common labor laws moot.

OTOH, Goodell doesn't have that power over custodians and other employees not covered by the CBA.

Its also why Goodell is called a Commissioner, and not a CEO. Different power, both agreed to and implied.

A child can understand the difference. Apparently the judge can't.

The judge reverted back to common labor law interpretation and said that if the CBA is silent, then no penalty can be imposed. Like is the case in the normal business world. That's the wrong interpretation.

 

Dougdew, you are still missing the point.  You can only do what is authorized in the CBA, well specifically what is enumerated as a penalty, not sure why folks are missing this point.   Goodell's powers emanated from the CBA and are granted and also limited by the same.

 

Bottom line the CBA is just a run of the mill labor contract, it is no different than an electrician union contract, a teachers union contract, a wood cutters union contract and so on.  The fact that it is the NFL does not change the fact that the players are employed and unionized under the NFLPA and have an union employment contract with the NFL management. 

 

And again it is a contract and we must remember as a contract it controlled by contract law.  And the fact that there is ink on a piece of paper does not make it enforceable or any selected clause enforceable.  It is only enforceable if you go to a court of law and tell the court to tell the other guy to do his job, or I have a right to do something against him and so on.   However in doing so one must show why the clause or contract is enforceable, well valid and has the powers you claim.   

 

There is one thing that is important in contract law and that is the meeting of the minds and that the party needs to show that a clause is illustrative of the same meeting of the minds, in another words what did the parties intend a given clause to mean in a contract.   As this is a labor contract it is clear that the parties intended that all clauses be governed by labor laws, and that the rights and duties of the respective parties are controlled/modified, when necessary, by the principles of labor laws. 

 

What the last two paragraphs say in sum is that the players agreed to give Roger the power in Art 46, and other portions of the CBA, but that exercise of the powers must be in compliance with labor laws.  With that said we are where we are.  Goodell's powers are encompassed in the CBA and he must execute them in good faith and in compliance with labor laws.  

 

So yes he has the power to hand out discipline, but must do so within what labor law allowed.  And again Goodell powers only existed to the extent they are granted by the CBA, which in turn is modified by labor laws, so Goodells powers are controlled by labor laws.

 

And again, the one key issue here is the law of shop, an employee needs to be on notice what is penalty will be.  It does not matter what kind of union we are talking about here. 

 

Here we have two alleged violations by Brady: 1) non cooperation and 2) some level of involvement with an alleged ball tampering scheme.

 

As for (1), it is well established that no one has ever been suspend for non coop; also the CBA, and other NFL docs, are silent with respect to a suspension being enforceable for non coop (i.e. there is nothing that says "A player can be suspended for 1 to 4 games for non cooperation with an investigations involving equipment tampering")  As such, Brady is not on notice that non coop with result in a suspension.  Accordingly, he can not be suspended.  However, there is an establish history that a fine is warranted and Brady would certainly be on notice of a fine and thus Goodell would have to power under 46 to fine Brady for non coop.  As the evidence is fairly clear that a case could be made that Brady was non coop, and fine is easily enforceable.

 

With respect to (2) things get a little more dicey.  Just like (1) no one has been suspended for being generally away of a fellow employee committing a crime (i.e like Jay Feely), and so just like above the Commish would not have the power to suspend for general awareness, which interesting is likely why he changed the underlying fact finding to be "involved in a scheme" after Jay Vincent found and suspended for the former, general awareness.  

 

The dicey part here is even if one were to find that Brady was involved, all we have is ball tampering.  And no person has been suspended for ball tampering or any equipment violation or tampering in the history of the NFL.  And just like above there is no clause that says "a person found to be ball tampering or equipment violating shall be suspended for two games."  the NFL docs are silent on the suspension with respect to a player.  Indeed to the contrary, all equipment messing with all impose fines.  So here again we get back to the fact that there is no notice of suspension and you can not do this, but maybe a fine. 

 

And the back drop to all of this is the principles our nation.  The basis of the above stems from the principle that Congress shall may no Ex Post Facto laws, a law that is enacted after the act commit and either makes the act criminal or increasing existing penalties.  In another words you can only enforce penalties that were on the books prior to the incident.  And by the way, the Ex Post Facto clause is in the original US Constitution, Article 1, Section 9 Clause 3, and is third clause listed for limitation on the power of Congress (so its pretty important as its that early).  As such, it predates the Bill of Rights (free speech, search and seizures, taking, trial by jury, etc). 

 

True the Constitution only limits the acts of governmental agencies, but many of the principles find their way into federal and states statutory laws and case laws limiting what individuals and entities can do.  And the above has manifested itself in the labor laws in the form of notice and law of shop.  That is, you can only enforce what is on the books, and by extension, is known to the person at the time he commits the act.  So this is not some willly nilly judge throwing around his power.   

 

Now what the judge did was merely vacate the award, he did not enter a non responsible judgment on behalf of Brady.  As such, all that happened was Goodell overreaching was cancelled, and I am not so sure if Goodell could not go back (like a ADA losing an appeal and re-prosecutes), after all of the appeals are over and retry Brady and impose a 100K fine for non cooperation.   Not so sure about the other one though.  But the judges finding did not eliminate the actions by Brady, just told Goodell you were not allowed to punish Brady in the manner in which you did.  

[Yehoodi]

One other part of this complex situation....

The NFL employs custodians, window washers, office assistants, etc....just like every other company does. If Goodell tried to discipline one of them, he would be subjected to the same precedents other companies have had.

But the job of NFL football player is a unique profession. In part, because the product that the NFL creates is nothing more than the set of rules Brady violated.

To use the common labor laws to interpret what the logical course of action should be is just laziness on the part of the judge.

What he should have done is come up with his own unique ruling and setting his own unique precedence for this unique situation and profession..one that made sense...instead of falling back on precedence designed to interpret more common labor agreements and occupations.

 

As I mentioned in my last post the CBA is just another labor agreement like the thousands of other labor agreements that exist in this country, plain and simple.   The fact that and NFL player is involved does not change his status as an employee who is part of a union and employed and paid by management.

[Yehoodi]

Been away for a few days and have skimmed some of the posts from this weekend.  But the bottom line thing is that the following happened:

 

1) The judge told Goodell you were not authorized to impose the particular penalty that you did on Brady and he vacated the penalty imposed by Goodell.  Deal with it.

 

2) As part of his judgment the judge did not enter a non responsible judgment on behalf of Brady.  As such, any acts by Brady are what they are and have not changed. 

 

As there is direct evidence that Brady did not cooperate, one would guess that Goodell could reprosecute Brady and impose a fine.  As for the other act I am not so sure it is clear what Goodell could do, certainly not a suspension. 

 

On one hand it did not exonerate Brady for his non cooperation.  On the other hand it removed from the haters who want to play the "see it must have been serious or why would he have been suspended" card.  

 

If the results of the tests this year by the NFL do not show any reduction of psig due to normal wear and tear, or other non human reasons, then after all the dust settles, this case is going to look a lot like Jay Feely and Brett Farve, a guy that likely knew he was getting a benefit from his coworkers for ball tampering and refused to hand over his phone, and the end result was no suspension and 50K fine and history forgot about the two of them.   I have already stated my position on the pats balls on the night in question relative to the condition of the colts balls.

 

If anyone wants to read move on the above you can read my post #615.

[tony3]

Really?  You want to go there?  Here we go:

 

Colts game day balls pressures-

5 out of of 8 above minimum standard on the two gauges. More than one half of those balls were still legal!!

 

Patriots game day ball pressures-

 

absolute NONE of them legal. Zero... Nada...Zilch. on either gauge.  

 

(but you can't go on just this, now can you?  So why call out Colts posters using such data... that is fraudulent)

 

Your starting to make me think you are just trying to rile up Colts fans and you don't really think or support what you spout...

 

 

 

Please use your head.

 

If Andrew Lucks balls started at 13.5 PSI and Bradys at 12.5 did either of them start at an illegal PSI?  Are both deflations explained by the ideal gas law?  Are they expected to end at the same PSI?   The ideal gas law does not say "all balls will go from any number above 12.5 to below 11.5" like you're trying to imply.  It's a relative decrease to whatever it started at.

 

I mean this kind of incredibly obvious common sense solution to your dilemma is just another of the long list of examples of how people are still completely predisposed towards wanting Brady to be guilty and avoiding common sense and logic.

[tony3]

Hater? I am a firm believer in where there is smoke there is fire. It is your opinion of what garbage is. Common sense is what I believe in and yet that don't enter the picture when you are a homer and think Brady is above everything.

 

 

Hater? I am a firm believer in where there is smoke there is fire. It is your opinion of what garbage is. Common sense is what I believe in and yet that don't enter the picture when you are a homer and think Brady is above everything.

So surely you believe that the Colts pump in crowd noise correct?  Surely you also believe the rumors that the Colts turned up the air temperature in the Patriots locker room, knowing full well that half the team had the flu in the 06 AFCCG right?

 

Don't be a hypocrite/liar.  The smoke/fire thing is garbage.  You just want to believe something and are going to stick to it regardless what facts, logic, common sense, or a federal judge tell you otherwise.  

 

 

The NFL has repeatedly been caught lying and making things up to suit their needs- as well as leaking false information  to suit their smear campaign.   Brady went out of his way to go under oath to swear his innocence.  The only ones who have any sort of cause to not believe is Goodell and the NFL office.  

[tony3]

Did Brady testify under oath to the federal judge?  I am not finding any news articles he did.  What Patriot fans still do not understand is the way the NFL conducted their investigation is the reason why the four game suspension was dismissed.  I do not recall reading any place where the federal judge said Brady had nothing to do with the deflation of footballs.  I know this is a civil matter so the burden of proof is different than criminal, but A LOT  of people have been convicted for being generally aware of having knowledge that someone was going to commit a crime and did nothing about it. 

 

 

No, he testified under oath in the arbitration.  He voluntarily did, at risk of perjury in the face of cross examination by the NFLs lawyers.   That is a federal offense and jail time he voluntarily put himself under.  On the flip side you have the NFL who have been repeatedly caught lying and moving the goal posts and spreading false information through various media.  And you along with every Jets, Steelers, Ravens, etc. fan are so quick to jump on the band wagon because you WANT Brady to be guilty, regardless of what every fact says.

 

The judge may of reduced the suspension  , But Tom Brady is still a liar & cheater as is the Patriots organization going back a decade lets not forget that boys & girls ,

 

Cheating doing what?  Spygate?  It was legal to tape, the rule was that you had to tape from the designated taping area not from the sidelines, which is what the Patriots got in trouble for.  Heck, in one video a Jets employee waved at the cameraman.  It's not like it was some covert operation.  You're in front of 80+ thousand people.  Random fans from the seats could tape signals if they really wanted.   Just over blown stupidity.

[tony3]

First off, I find it highly suspicious that you chose this as your first post.... Hmmm....  welcome...  I think.

 

Next, addressing the bolded part in the first paragraph.  You make these claims yet offer no supporting evidence.  You say Colts balls were just as deflated, yet they were not as I illustrate a few posts above and here:

 

http://forums.colts.com/topic/40016-brady-wins-deflategate-suspension-nullified/page-15?p=1159790#entry1159790

 

You mention things have been proven, yet do not display such proof.  Then you trot out this nugget: "why a lot of misinformed people insist that the Patriots only got off on a technicality which couldn't be more inaccurate. Both sets of footballs (Patriots and Colts) were just as under inflated which is the crux of natural physics, and the ideal gas law."

 

You have got some nerve.  I put in the work.  I ran calculations using the ideal gas law.  I did it independent of any other entity. I published all my work for scrutiny here-

 

http://forums.colts.com/topic/38957-the-cbf-report-udated-now-also-using-wells-report-data/

 

You, sir, are misinformed, and I dd not read the rest of your post based upon your complete and total lack of integrity and credibility displayed in your first paragraph.  Besdies, I know what is coming next... how the NFL, media, and other fans lie about everything deflategate.  Which would be so ironic considering your likely hypocritical first paragraph.

 

Good day to you, and good luck here.

 

 

First off, I find it highly suspicious that you chose this as your first post.... Hmmm....  welcome...  I think.

 

Next, addressing the bolded part in the first paragraph.  You make these claims yet offer no supporting evidence.  You say Colts balls were just as deflated, yet they were not as I illustrate a few posts above and here:

 

http://forums.colts.com/topic/40016-brady-wins-deflategate-suspension-nullified/page-15?p=1159790#entry1159790

 

You mention things have been proven, yet do not display such proof.  Then you trot out this nugget: "why a lot of misinformed people insist that the Patriots only got off on a technicality which couldn't be more inaccurate. Both sets of footballs (Patriots and Colts) were just as under inflated which is the crux of natural physics, and the ideal gas law."

 

You have got some nerve.  I put in the work.  I ran calculations using the ideal gas law.  I did it independent of any other entity. I published all my work for scrutiny here-

 

http://forums.colts.com/topic/38957-the-cbf-report-udated-now-also-using-wells-report-data/

 

You, sir, are misinformed, and I dd not read the rest of your post based upon your complete and total lack of integrity and credibility displayed in your first paragraph.  Besdies, I know what is coming next... how the NFL, media, and other fans lie about everything deflategate.  Which would be so ironic considering your likely hypocritical first paragraph.

 

Good day to you, and good luck here.

 

I'm sorry but that entire work is done under the pretense of equal and stable conditions, which they are not.

 

1.  The game was played in a rainstorm.  The balls weren't subjected to being placed in a fridge and taken out and tested.

2.  It's a football game.  A large variety of things- such as 300+ pound men falling on the balls has an effect on the balls.

3.  The Patriots and Colts balls were NOT tested at the same time.  Time matters and the Colts balls were evaluated after the Patriots balls, giving them more time to heat and warm (ie. PSI would natural re-raise in a warm room).  

4.  Only 4 Colts balls were tested.  For all we know the other balls were at 9 PSI.

 

Exponent, the company Wells used to evaluate the science, as well as Ted Wells himself admitted that the testing process was flawed and that the Colts and Patriots balls can not be compared for a large variety of reasons.

 

You put in some time to which is nice, but you're spreading incorrect information that leaves out a whole set of variables and is spreading misleading information.  Much like the NFL has done this entire process.  

 

You can keep up this pretense of holier than thou, but you're guilty of the very issue that you mock- bias and misdirecting with faulty information. 

[tony3]

You are the one lying. And then you go ahead and say people are misinformed while you're spreading misinformation.

That's seriously messed up.

Keep telling yourself the lie so you'll truly believe it.

 

Actually no, that is a proven fact.  

 

1.  Ted Wells differed to Anderson's memory of the game gauges in the entire Wells report... except when it came to which he used for the Patriots balls, because that would specifically exonerate the Patriots and set the Patriots balls to fall under the ideal gas law. For the one and only time in the entire report, Wells refused Anderson's memory and used the lower set of ball readings.

 

2.  If you go by those readings, 3 of the 4 Colts balls are also under the legal limit.

 

So you have two options.

 

1. Go by what Anderson said he used to gauge the balls (Patriots balls legal under the ideal gas law)

2. Go by the lower reading and 3 of the 4 Colts balls are also illegally deflated.

 

 

They were then fired after the suspension.  I do not see any news stories welcoming the two back from wrongful suspension to the Patriots.  They were fired and should now immediately sue the NFL and Patriots for wrongful termination.  Beyond that why would Kraft give in so easily with a $1,000,000.00 fine and loss of two draft picks if nobody did anything wrong.  Kraft in his own words is a hypocrite.  Where is the 'impology' from the NFL.

 

 

They were then fired after the suspension.  I do not see any news stories welcoming the two back from wrongful suspension to the Patriots.  They were fired and should now immediately sue the NFL and Patriots for wrongful termination.  Beyond that why would Kraft give in so easily with a $1,000,000.00 fine and loss of two draft picks if nobody did anything wrong.  Kraft in his own words is a hypocrite.  Where is the 'impology' from the NFL.

 

1.  No they were not fired.  That is a factual lie that you made up.

2.  The Krafts (and Brady) have both gone on record stating they hope the NFL will reinstate them.

3.  Accepting a penalty does not mean someone is automatically guilty.

3a.  Kraft made a deal in the hopes of preventing a Brady suspension, and he got burned badly.

3b.  Kraft has a long history of telling other owners to do "what's best for the league".   He knew he would get the Al Davis treatment if he fought the league and would lose any and all footing he had created for himself.

3c.  The owners constitution explicitly prohibits owners from contesting fines/punishments.  He had no legal grounds to appeal

 

This whole argument stems from the * from the Indy Star who wrote that Kraft accepted guilt which is factually false.   The second reason for your argument is just confirmation bias.  You are reading what you want to read from it to confirm what you want it to mean.  

 

 

 

 

I already covered this a couple days ago here-

 

http://forums.colts.com/topic/40016-brady-wins-deflategate-suspension-nullified/page-13?p=1157665#entry1157665

 

" ... the NFL took some eye opening tactics.  Like having Mr. Pash edit the Wells report, but not be available for cross examination in Brady's appeal hearing.  Or keeping requested documents for discovery away from Brady's legal team terming the information 'privileged', or publicly praising Wells for a thorough, "independent" report and later admitting it wasn't independent and didn't have to be while also making himself look locked in to being in support of it and unable to reach a contrary decision in Brady's appeal; if it was shown,  etc..."

 

I believe this was the undue bias Judge Berman needed to vacate the award.  He can not vacate it even if he thinks Brady is innocent (which never implies) unless there is Fraud or Undue Bias (Evident Partiality). 

 

And-

 

These above pretty much sealed the deal.  Goodell could have won this, but he and the NFL felt Article 46 gave them carte blanche power, and it does not as Judge Berman shows.  But this Brady is innocent junk need to stop, here and now.  Judge Berman could not re-try the facts of the case or grant/prove Brady's innocence or guilt.  And he did not. Period.

 

1.  Yes, the hearing was about the process, not Bradys guilt/innocence and potentially setting a new precedent, which is why the NFLPA were so invested.

2.  You imply that Goodell had a slam dunk case by simply botched it which is untrue.  Even given nearly complete power and control of the entire pre-court investigation, the best he could come up with is "Brady might have been generally aware that someone he may or may not know might have done something illegal"

3.  Without Wells fabricating circumstantial evidence as hard facts, as well as some well timed "NFL leaks" that have since been proven as slanderous lies, there is no case for Goodell to even attempt to punish Brady with.  

4.  It's not that Berman chose not to state whether Brady was innocent or not, but that he couldn't.  The NFL would have (rightfully) screamed mistrial.   It's clear to anyone who reads the transcripts how Berman felt all along.  You don't even have to read between the lines, he out right states the NFL has no evidence against Brady.  Just because he wasn't ruling on Bradys innocence or not does not mean you can't infer what he clearly felt.  

5.  Yes the NFL botched this the whole way, but that's because they had nothing to go with to begin with.   Once they paid Wells millions of dollars to investigate, they were committed to finding something or creating something that looked like something (ie. the destroyed phone that Brady was legally protected from having to submit, as well as told by Wells on multiple occasions was not necessary for the investigation).  

[ColtsBlueFL]

Please use your head.

 

If Andrew Lucks balls started at 13.5 PSI and Bradys at 12.5 did either of them start at an illegal PSI?  Are both deflations explained by the ideal gas law?  Are they expected to end at the same PSI?   The ideal gas law does not say "all balls will go from any number above 12.5 to below 11.5" like you're trying to imply.  It's a relative decrease to whatever it started at.

 

I mean this kind of incredibly obvious common sense solution to your dilemma is just another of the long list of examples of how people are still completely predisposed towards wanting Brady to be guilty and avoiding common sense and logic.

 

Another new poster coming in without using the search function or reading through and noe even getting a handle on what has been covered even within the last few pages of this thread alone..  This example was in reply to a poster telling a Colts fan saying most all of the Colts balls were illegal too. using the absurdity of the original posters premise back to them. nothing more. 

 

Then you posit a slew of items covered ad nauseam in previous deflategate threads previously. This thread has been totally derailed, and with the same old dreck that has closed countless other deflategate threads. 

[amfootball]

As I read through Berman's ruling, I checked off every time he cited a case as precedent for this ruling. He had more than 20 cases cited, maybe closer to 25 so his ruling to me seems to be locked in with court precedent which should favor a win at the second circuit. Also, he cites Bountygate, Peterson and Rice a lot as we might expect in terms of both law of the shop and the NFLs practice on how it disciplines non-cooperation. There is no doubt that the priors players who took the NFL to court helped Brady tremendously here.

 

Lastly, on page 9 Berman details Vincent's letter to Robert Kraft. After he details the loss of draft picks and fines, he says the following "Neither McNally or Jastremeski may be reinstated to the NFL without my prior approval." He then says that neither can ever serve in any role having to do with football preparation, handling or supervision. So it is clear that the league asked the Patriots to suspend them as their reinstatement is pursuant on the league's approval.

[amfootball]

Been away for a few days and have skimmed some of the posts from this weekend.  But the bottom line thing is that the following happened:

 

1) The judge told Goodell you were not authorized to impose the particular penalty that you did on Brady and he vacated the penalty imposed by Goodell.  Deal with it.

 

2) As part of his judgment the judge did not enter a non responsible judgment on behalf of Brady.  As such, any acts by Brady are what they are and have not changed. 

 

As there is direct evidence that Brady did not cooperate, one would guess that Goodell could reprosecute Brady and impose a fine.  As for the other act I am not so sure it is clear what Goodell could do, certainly not a suspension. 

 

On one hand it did not exonerate Brady for his non cooperation.  On the other hand it removed from the haters who want to play the "see it must have been serious or why would he have been suspended" card.  

 

If the results of the tests this year by the NFL do not show any reduction of psig due to normal wear and tear, or other non human reasons, then after all the dust settles, this case is going to look a lot like Jay Feely and Brett Farve, a guy that likely knew he was getting a benefit from his coworkers for ball tampering and refused to hand over his phone, and the end result was no suspension and 50K fine and history forgot about the two of them.   I have already stated my position on the pats balls on the night in question relative to the condition of the colts balls.

 

If anyone wants to read move on the above you can read my post #615.

Do you think the Krafts are having discussions with the league about the team penalties? I have to believe some conversations are taking place given the way the Wells report was completed discredited by Berman in his ruling. I don't expect any legal action (although Jonathan said never say never) but I would have to think there are some talks going on.

[ColtsBlueFL]

Deflategate chapter has closed.  This is the end of the line for Deflategate threads. 

 

Thread closed.