Brady Wins, Deflategate Suspension Nullified

[ricker182]

Apparently, CBAs by the NFL & NFLPA are not seen as binding contracts by U.S. Court system when it comes to doling out disciplinary actions. The courts now acknowledge, by their own actions, that they are the superior intellect when it comes to such matters. So, watch out NFL fans. The onslaught of Pandora's box has just opened to cataclysmic proportions.

You aren't kidding. This sets a crazy precedent that the NFL isn't allowed to punish its players.

I'd challenge any suspension this way.

[ricker182]

The Patriots would have been perfectly fine without Brady.

Didn't they win 11 games without him last time?

I really don't think Brady carries that team.

Belichick instantly adds 6 wins to the Patriots I think.

Brady maybe only adds one or two.

[ColtRider]

Actually, my friends NFLFan and SW1. They will not get their jobs back.  In the letter to Bob Kraft punishing the Patriots, (which Kraft accepted), this was also included-

 

"Neither [McNally nor Jastremski] may be reinstated without my prior approval. If and when he resumes working for the Patriots, Mr. Jastremski is prohibited from having any role in the preparation, supervision, or handling of footballs to be used in NFL games during the 2015 season

....

Mr. McNally is barred from serving as a locker room attendant for the game officials, or having any involvement with preparation, supervision, or handling of footballs or any other equipment on game day."

 

So I very much doubt either will have a job with the Patriots henceforth...

Golly-G-Whizz! Why not? I mean, what's good for Tommy Goose is good for McJazzi Gander. Right?

[New Zealands #1 Colts Fan]

Im just happy that when we win the superbowl, people cant say we only made it cos Tom missed 4 games

[IcEWoLF]

Don't be mad at the Patriots if they start running up the scoreboard every week!

[Jules]

I am not too thrilled by all of this.

 

And I will just leave it at that......

 

I avoided talking about it online most of the day.

[Jules]

Don't be mad at the Patriots if they start running up the scoreboard every week!

 

Why would they need the revenge/hate card if they are innocent........

 

[BloodyChamp]

Don't be mad if Brady gets a broken leg either. That won't happen though. Nobody's brave enough to up and do it anymore.

However, to this day, when a player goes from 1 of the most loved to 1 of the most hated he seems to end up on his back alot more minus the flags and he seems to get alot less breaks in general. See post 2007 Favre, Young towards the end, even Montana with the exception of the 49ers game that year.

[Jules]

Don't be mad if Brady gets a broken leg either. That won't happen though. Nobody's brave enough to up and do it anymore.

However, to this day, when a player goes from 1 of the most loved to 1 of the most hated he seems to end up on his back alot more minus the flags and he seems to get alot less breaks in general. See post 2007 Favre, Young towards the end, even Montana with the exception of the 49ers game that year.

 

Well, everyone usually plays the SB champs like they are on speed. Now with all of this.....I think it increases.

 

But, don't listen to me. We are all probably jealous and bitter and hateful and Pats fans will reply tomorrow with just that. Also apparently most Patriots fans this offseason have become scientists and lawyers too.

 

 

I mean, seriously.......I freaking hate the whole "We are so innocent and everyone hates us. We are persecuted. We gonna run up dat score now and show who iz boss. 4 ringz jealous hatahs......".

 

Whatever.

[crazycolt1]

Don't be mad at the Patriots if they start running up the scoreboard every week!

Moss is not there anymore and they have no one that comes close to that speed.

[ruksak]

This.

Yehoodi, who is a lawyer, wrote several factual arguments. Superman, who is not a lawyer, wrote various incorrect interpretations, and thinks that he's right.

Even though Yehoodi's arguments line up with Berman's , who has no connection to New England, somehow they're both wrong.

It is funny.

A normal person doesn't need a lawyer to tell that Brady is a lying cheat. A lawyer is need for the courtroom. A normal person understands that having his cellphone getting destroyed when it did is all we need to know. The little boy threw away the evidence. Congratulations, the little boy won. 

[amfootball]

Really?  than explain this statement in Judge Bermans order-

 

"An arbitrator's factual findings are generally not open to judicial challenge, and we accept the facts as the arbitrator found them."

 

Then find and copy/paste the words where Berman says that Brady was innocent

 

Here__________________________________________________________________________________________________________

Berman's charter was to rule on the process of the CBA and the appeal. I am not sure what to tell you but if you listen or read the transcripts of the two hearings, it was clear that Berman felt Brady was innocent as the NFL had no evidence that he did anything in the AFCCG and Daniel Nash of the NFL agreed. Berman also said over and over that the NFL failed to prove that the Brady was directing any type of scheme to deflate footballs.

 

That being said, in terms of precedent, this is a big case for the players. I was listening last night on the radio and they were saying how Brady's legacy will indeed be impacted by this ruling as current and future players can use his case as precedent and future federal judges can and will follow Berman's lead in terms of making everything the NFL does public.

 

Also, in terms of the second circuit court of appeals. The turnover rate of these civil decisions is 7.5%. A higher bar for the NFL to attain than was Brady's to win his case at the fed level. Also, they are taking a big risk with the appeal for this reason:

Daniel Wallach ‏@WALLACHLEGAL 15h15 hours ago

Big risk to NFL by appealing: Second Circuit affirmance would have greater weight nationally than one SDNY opinion. Law of the shop indeed.

[amfootball]

Actually, my friends NFLFan and SW1. They will not get their jobs back.  In the letter to Bob Kraft punishing the Patriots, (which Kraft accepted), this was also included-

 

"Neither [McNally nor Jastremski] may be reinstated without my prior approval. If and when he resumes working for the Patriots, Mr. Jastremski is prohibited from having any role in the preparation, supervision, or handling of footballs to be used in NFL games during the 2015 season

....

Mr. McNally is barred from serving as a locker room attendant for the game officials, or having any involvement with preparation, supervision, or handling of footballs or any other equipment on game day."

 

So I very much doubt either will have a job with the Patriots henceforth...

Jonathan Kraft said last night prior to the game that the Patriots will be contacting the league about the reinstatements of both JJ and McNally.

[crazycolt1]

Berman's charter was to rule on the process of the CBA and the appeal. I am not sure what to tell you but if you listen or read the transcripts of the two hearings, it was clear that Berman felt Brady was innocent as the NFL had no evidence that he did anything in the AFCCG and Daniel Nash of the NFL agreed. Berman also said over and over that the NFL failed to prove that the Brady was directing any type of scheme to deflate footballs.

 

That being said, in terms of precedent, this is a big case for the players. I was listening last night on the radio and they were saying how Brady's legacy will indeed be impacted by this ruling as current and future players can use his case as precedent and future federal judges can and will follow Berman's lead in terms of making everything the NFL does public.

 

Also, in terms of the second circuit court of appeals. The turnover rate of these civil decisions is 7.5%. A higher bar for the NFL to attain than was Brady's to win his case at the fed level. Also, they are taking a big risk with the appeal for this reason:

Daniel Wallach ‏@WALLACHLEGAL 15h15 hours ago

Big risk to NFL by appealing: Second Circuit affirmance would have greater weight nationally than one SDNY opinion. Law of the shop indeed.

It was not clear that Berman thought Brady was innocent. Why do you continue to use your own opinion as fact?

[ColtsBlueFL]

Jonathan Kraft said last night prior to the game that the Patriots will be contacting the league about the reinstatements of both JJ and McNally.

 

OK, but under what capacity will they serve?  IF they are reinstated, JJ won't be allowed near the footballs, per Goodell's order. He cannot resume his role prepping Tom's footballs for game day.  McNally won't be allowed near the footballs, nor the officials locker room.  So what will their new jobs be?

[amfootball]

OK, but under what capacity will they serve?  IF they are reinstated, JJ won't be allowed near the footballs, per Goodell's order. He cannot resume his role prepping Tom's footballs for game day.  McNally won't be allowed near the footballs, nor the officials locker room.  So what will their new jobs be?

I have no idea. The league can say no to their reinstatement. I would think JJ makes the most sense to reinstate as there was nothing on him at all and he was a full time employee as opposed to McNally who just worked part-time doing home games.

[ColtRider]

Don't be mad at the Patriots if they start running up the scoreboard every week!

1. That will just not happen.

2. Brady will remain silent through 2015.

3. If they (he) discard both, it's open season on a certain QB

[Gramz]

I am not too thrilled by all of this.

 

And I will just leave it at that......

 

I avoided talking about it online most of the day.

It's hard to avoid...

 

Why would they need the revenge/hate card if they are innocent........

 

they wouldn't, and they aren't.

 

Well, everyone usually plays the SB champs like they are on speed. Now with all of this.....I think it increases.

 

But, don't listen to me. We are all probably jealous and bitter and hateful and Pats fans will reply tomorrow with just that. Also apparently most Patriots fans this offseason have become scientists and lawyers too.

 

 

I mean, seriously.......I freaking hate the whole "We are so innocent and everyone hates us. We are persecuted. We gonna run up dat score now and show who iz boss. 4 ringz jealous hatahs......".

 

Whatever.

 Glad you broke your silence.   

 

This whole debacle has been   mind boggling.

 

I'm tired of talking about it.  I'm tired of hearing about it.   I thought the Judge would be impartial,  and I thought he would do the right thing.

 

Like you,  I am not thrilled about it, and mainly because I now, more than ever, feel like it's FAR from over and the talk and litigation  will continue for at least a few more years.  

[ColtRider]

Yeah, that line of questioning I thought was, well, dumb. Almost like 'if there was no actual advantage, then the cheating doesn't matter.' It's like Pats fans saying "45-7!" every time this comes up. It also ignores the fact that the evidence suggests pretty plainly that this is something that pre-dates the 2014 season entirely.

 

I don't really think the penalty is too much, but it is definitely severe. I said I didn't think Brady would wind up serving a game, but that doesn't mean I disagree with the initial decision.

Supes, you deserve the kudos! (even if you don't want them publicly, dunno!)

YOU THE MAN!

[ColtsBlueFL]

Berman's charter was to rule on the process of the CBA and the appeal. I am not sure what to tell you but if you listen or read the transcripts of the two hearings, it was clear that Berman felt Brady was innocent as the NFL had no evidence that he did anything in the AFCCG and Daniel Nash of the NFL agreed. Berman also said over and over that the NFL failed to prove that the Brady was directing any type of scheme to deflate footballs.

 

That being said, in terms of precedent, this is a big case for the players. I was listening last night on the radio and they were saying how Brady's legacy will indeed be impacted by this ruling as current and future players can use his case as precedent and future federal judges can and will follow Berman's lead in terms of making everything the NFL does public.

 

Also, in terms of the second circuit court of appeals. The turnover rate of these civil decisions is 7.5%. A higher bar for the NFL to attain than was Brady's to win his case at the fed level. Also, they are taking a big risk with the appeal for this reason:

Daniel Wallach ‏@WALLACHLEGAL 15h15 hours ago

Big risk to NFL by appealing: Second Circuit affirmance would have greater weight nationally than one SDNY opinion. Law of the shop indeed.

 

False. Berman has not hinted at Brady's innocence.  He carefully worded his order to not hint at such a statement, IMO.  What he has said is even though the NFLPA bargained away their power, there is an implicit agreement of fairness expected to be involved.  He felt there wasn't fairness for the defense in the hearing/appeal process.  Berman felt evidentiary bias was apparent.  That's one of the items that open the door to vacating an arbitrated award.  He didn't like how the penalty was chosen (PED user equivalent)  and he felt that players need to know what punishment they may encounter if they commit an infraction.  Those last two was referred to as Goodell's brand of industrial justice.  But he never says Brady was innocent, nor does he say the Wells report was B.S.

 

As for Brady's innocence, Berman is on record with these statements-

 

To Nash-

BERMAN: "Somebody deflated the balls, but it didn’t help Mr. Brady. Does that matter?"

pressed for 'direct' evidence of Brady being involved, Nash says none, but circumstantial evidence is evident.

Berman then adds: "Would be hard to imagine a QB…(not knowing a ball is deflated). He’s the one who throws the ball."

Then to Kessler-

Berman to Kessler: It looks like they...deflated the game balls? Why would either one of them do that without Mr. Brady’s consent?"

 

People not in the Boston area know Brady was not exonerated from being involved in anything nefarious with this judgement.  Just that he doesn't have to sit out 4 games without pay.

[AZColt11]

All this nonsense means is that Brady had a better law team, nothing more.  It doesn't mean he is innocent and I think the judge was careful not to say that.  He won, so what, time to move on.  I'm ready for real football.  And no excuses now if the Pats come to Indy and lose.

[ViriLudant]

The Patriots would have been perfectly fine without Brady.

Didn't they win 11 games without him last time?

I really don't think Brady carries that team.

Belichick instantly adds 6 wins to the Patriots I think.

Brady maybe only adds one or two.

This might be the most ignorant post I've ever seen. But that's fitting, based on the pure hatred and jealousy I've seen here over the years.

The Patriots went from 18 wins in 2007 to 11 in 2008 without Brady.

Gee, that math throws your argument off , eh?

That, and the Patriots did not beat s team with a winning record in '08.

Yep, Brady is only a one game difference.

What absolute ignorance .

[amfootball]

False. Berman has not hinted at Brady's innocence.  He carefully worded his order to not hint at such a statement.  What he has said is even though the NFLPA bargained away their power, there is an implicit agreement of fairness expected to be involved.  He felt there wasn't fairness for the defense in the hearing/appeal process.  Berman felt evidentiary bias was apparent.  That's one of the items that open the door to vacating an arbitrated award.  He didn't like how the penalty was chosen (PED user equivalent)  and he felt that players need to know what punishment they may encounter if they commit an infraction.  Those last two was referred to as Goodell's brand of industrial justice.  But he never says Brady was innocent, nor does he say the Wells report was B.S.

 

As for Brady's innocence, Berman is on record with these statements-

 

To Nash-

BERMAN: "Somebody deflated the balls, but it didn’t help Mr. Brady. Does that matter?"

pressed for 'direct' evidence, but Nash says circumstantial

Berman then adds: "Would be hard to imagine a QB…(not knowing a ball is deflated). He’s the one who throws the ball."

Then to Kessler-

Berman to Kessler: It looks like they...deflated the game balls? Why would either one of them do that without Mr. Brady’s consent?"

 

People not in the Boston area know Brady was not exonerated from being involved in anything nefarious with this judgement.  Just that he doesn't have to sit out 4 games without pay.

There is also this exchange:

 

Berman: "Is there any direct evidence linking Mr. Brady to tampering?" I’m trying to figure out what is the direct evidence that implicates Mr. Brady in that deflation…in that bathroom…on Jan. 18

Nash: "Is there a text in which Mr. Brady instructs someone to put a needle in a football? No there is not such direct evidence."

Berman: I don't know what to make of that finding Tom Brady was at least generally aware of the activities of McNally, Jastremski. From legal perspective you have to show that conspirators intended to be in the conspiracy...Is there a meeting?

 

Nash: No

Berman: "I’m not sure where the 'gate' (in #DeflateGate) comes from. The Wells Report and the award relates only to one game. What is the evidence of a scheme or conspiracy that covers the Jan. 18 game? I’m having trouble finding it." 

 

[ColtsBlueFL]

 

There is also this exchange:

 

Berman: "Is there any direct evidence linking Mr. Brady to tampering?" I’m trying to figure out what is the direct evidence that implicates Mr. Brady in that deflation…in that bathroom…on Jan. 18

Nash: "Is there a text in which Mr. Brady instructs someone to put a needle in a football? No there is not such direct evidence."

Berman: I don't know what to make of that finding Tom Brady was at least generally aware of the activities of McNally, Jastremski. From legal perspective you have to show that conspirators intended to be in the conspiracy...Is there a meeting?

 

Nash: No

Berman: "I’m not sure where the 'gate' (in #DeflateGate) comes from. The Wells Report and the award relates only to one game. What is the evidence of a scheme or conspiracy that covers the Jan. 18 game? I’m having trouble finding it." 

 

 

 

That doesn't tell me he thinks Brady is innocent.  That tells me the judge says while Brady could still be guilty, you haven't quite shown me enough legally to go along with that as of this point in time...

 

From everything taken in total, this tells me Berman accepts and knows something happened to the footballs, and knows the QB would be hard pressed to not know something happened.  But the NFL had not made a tidy package tying Brady in to act and punish on as NFL went ahead and did anyway.

[pgt_rob]

Don't be mad at the Patriots if they start running up the scoreboard every week!

 

Yeah right. With their injured WR group and a slow old Reggie Wayne? Ok.

[SteelCityColt]

I love the class shown by Colt fans. Karma, folks.

Wishing injuries onto people . Awesome .

Yeah because that's a fair representation of Colts fans, 2 posts.

That's like saying if one Pats fan on here constantly posts blatant lies all Pats fans are liars.

Civility breeds civility.

[Nadine]

Yeah because that's a fair representation of Colts fans, 2 posts.

That's like saying if one Pats fan on here constantly posts blatant lies all Pats fans are liars.

Civility breeds civility.

 

[pgt_rob]

I love the class shown by Colt fans. Karma, folks.

Wishing injuries onto people . Awesome .

 

Sounds good, blame EVERYBODY instead of the few. Nice.

[jvan1973]

I love the class shown by Colt fans. Karma, folks.

Wishing injuries onto people . Awesome .

Pats fans talking about class is like an 8 year old talking about astrophysics.

[Gramz]

I love the class shown by Colt fans. Karma, folks.

Wishing injuries onto people . Awesome .

Since we're sticking to exact wording these days, No where does he say he wishes it.   He said it would be fitting.

[Susie Q]

This might be the most ignot post I've ever seen. But that's fitting, based on the pure hatred and jealousy I've seen here over the years.

The Patriots went from 18 wins in 2007 to 11 in 2008 without Brady.

Gee, that math throws your argument off , eh?

That, and the Patriots did not beat s team with a winning record in '08.

Yep, Brady is only a one game difference.

What absolute ignorance .

If that's the case why do you still stick around?

[dw49]

Well, everyone usually plays the SB champs like they are on speed. Now with all of this.....I think it increases.

 

But, don't listen to me. We are all probably jealous and bitter and hateful and Pats fans will reply tomorrow with just that. Also apparently most Patriots fans this offseason have become scientists and lawyers too.

 

 

I mean, seriously.......I freaking hate the whole "We are so innocent and everyone hates us. We are persecuted. We gonna run up dat score now and show who iz boss. 4 ringz jealous hatahs......".

 

Whatever.

 

 

Ehhh ....not too many good lawyers have the time to write those 10 page posts like Yehoodi does. So I guess the question would be is he an attorney that gets work ? Many don't. He he really an attorney or does he just not require a lot of sleep. As far as professors morty and Virdundant .. dunk about that one either.

[Cynjin]

I love the class shown by Colt fans. Karma, folks.

Wishing injuries onto people . Awesome .

 

 

Yeah, it's not right to wish an injury on any player.  I will point out that it is only some Colt fans not all, just like it was not all Pats fans that once forced television crews from Indy to take shelter in their vans due to some Patriot fans throwing snowballs and flipping the bird at them after a game in New England.

[Gramz]

Yeah, it's not right to wish an injury on any player. I will point out that it is only some Colt fans not all, just like it was not all Pats fans that once forced television crews from Indy to take shelter in their vans due to some Patriot fans throwing snowballs and flipping the bird at them after a game in New England.

No where did I see any such posts, using the words "wishing".

I did see a post saying something to the effect of "don't feel bad if he gets a broken leg", still that didn't say he wished it, and btw, that post was from a Packer Backer.

Credit where credit is due.

[BloodyChamp]

I think race plays a part in all of this. There is no black player the media would stand up and say he is being railroaded. As a matter of fact, black players who are found not guilty in court still get suspended and everybody acts like that's ok. If the NFL is going too far in the Brady case, how are they not going too far in cases where black players are not charged with a crime and are suspended.

[dynasty13]

Why would they need the revenge/hate card if they are innocent........

 

 

Why would they need it if they were guilty?

 

If they are innocent, that is why they SHOULD play that card...because the majority of NFL fans now believe that the Patriots only won because they 'cheated' and that none of their Superbowl Championships were won fairly...imagine if that sentiment started all because of a false accusation? There would be hell to pay.

[amfootball]

That doesn't tell me he thinks Brady is innocent.  That tells me the judge says while Brady could still be guilty, you haven't quite shown me enough legally to go along with that as of this point in time...

 

From everything taken in total, this tells me Berman accepts and knows something happened to the footballs, and knows the QB would be hard pressed to not know something happened.  But the NFL had not made a tidy package tying Brady in to act and punish on as NFL went ahead and did anyway.

Yes, I agree. I think as I said to Superman, the judge in the first hearing was trying to understand the merits of the case before then getting into the process and just based on the first hearing, he had serious concerns about what the NFL was alleging Brady to have done with no evidence. This IMO is when the NFL really needed to think about settling because by the time the second hearing came and he tore into the process of both the appeal and how the league came up with Brady's punishment, it became apparent which way he was going to rule despite all the talking heads and TV lawyers saying he was going to rule for the NFL because they had the stronger case. The opposite was true in reality. He was trying to show them just weak their case was and just how blistering his ruling was going to be and they still wanted that instead of potentially having Brady take a game and walk away without being humiliated. Honestly, that is the part that makes no sense to me at all.

[Crush22]

The lack of comprehension here is amazing. So many of you making snap judgements without actually reading any of the court documents.

Nobody is forcing you to read it Skippy. Don't like it? Hit the back button.

[jjcolts]

Judge overturned it because of the process.

 

Not because he thought Brady was innocent.

 

Lots of criminals get off because of some technicality nonsense.

 

Whatever, we all know what the truth is.

[dynasty13]

Judge overturned it because of the process.

 

Not because he thought Brady was innocent.

 

Lots of criminals get off because of some technicality nonsense.

 

Whatever, we all know what the truth is.

 

No...you all know what you think you know. 

 

The actual fact is, nobody knows what the truth is and as a result, he won't be punished.