Brady Wins, Deflategate Suspension Nullified

[ViriLudant]

It just means that corrupt backwards minded blue-voting Minnesotan's (the judge) have to find a way to support other backwards minded blue-voting New Englanders in the face of common sense and reason.

A decision that was totally expected if you know who people are at the root.

Uh....

The Judge was born in NYC, is a judge in NYC.

Richard M. Berman (born 1943) is a Senior United States federal judge of the United States District Court for the Southern District of New York.

He received his B.S. from Cornell University in 1964 and his J.D. from New York University School of Law in 1967. He also received a Master of Social Work from Fordham University in 1996. He went into private practice at Davis Polk & Wardwell before becoming an executive assistant to United States Senator Jacob Javits in 1974. He served in this capacity until 1977, when he was named Executive Director of the New York State Alliance to Save Energy. A year later, he was appointed General Counsel and Executive Vice President of the Warner Cable Corporation, a position he held until 1986, when he returned to private practice.

 

https://en.wikipedia.org/wiki/Richard_M._Berman

[Lucky Colts Fan]

Let's just be happy that it's over with and we can start concentrating on football.

 

Specifically, the Bills.  We can talk about week 6 after week 5.

[chad72]

Bottom Line: Brady avoids punishment, but his legacy is forever tainted.  He admitted he would have been OK with a 1-game suspension, so he admits he is guilty.  Maybe only 1-game guilty, and not 4-game guilty, but still guilty.

 

So everyones' views are vindicated, pats fans can still claim innocence and superiority, while everyone else can point out that he knew he cheated but got away with it.

 

You know, I did think about this. The NFL should have taken that as the best outcome and be done with it, IMO. They tried to push their luck and got burnt for their inadequacies with handling this issue.

[ViriLudant]

No one has said Brady was Not Guilty.   Just that the appeals wasn't handled properly.

 

I am not surprised the NFL has already filed another appeal.  This.Will.Go.On.Forever.

 

The JUDGE said that there was no evidence of Brady's guilt. 

 

So sorry, you're wrong, as are the other people, primarily Colt and Jet fans, who think likewise.

[dynasty13]

Bottom Line: Brady avoids punishment, but his legacy is forever tainted.  He admitted he would have been OK with a 1-game suspension, so he admits he is guilty.  Maybe only 1-game guilty, and not 4-game guilty, but still guilty.

 

So everyones' views are vindicated, pats fans can still claim innocence and superiority, while everyone else can point out that he knew he cheated but got away with it.

 

Except that isn't an admission of guilt...it is simply proposing a compromise because of the judge's repeated requests for it. 

[chad72]

Except that isn't an admission of guilt...it is simply proposing a compromise because of the judge's repeated requests for it. 

 

Yeah, a settlement is always a compromise where both parties are not completely happy with it. The NFL received some bad counsel too, IMO.

[jameszeigler834]

Just saw it on BR app. What a joke.

I agree its a joke Roger fumbled this investigation because he took so long to complete it. He should be fired he is a joke of a commissioner. Also the justice system screwed the nfl just because they think brady is a good person,player,champion all jokes.

[amfootball]

Except that isn't an admission of guilt...it is simply proposing a compromise because of the judge's repeated requests for it. 

The NFL should have taken the game rather than have this scathing ruling against them. Wow.

[Lucky Colts Fan]

Except that isn't an admission of guilt...it is simply proposing a compromise because of the judge's repeated requests for it. 

 

It is an admission of guilt.  Compromising your innocence is admitting guilt.

[Colts_Fan12]

wow this is just great now Greg Hardy is thinking about appealing his suspension since you can do whatever the hell you want and get away with it. But Josh Gordon smokes some weed and misses the whole damn season this tool ruins the integrity of the game and gets nothing man I REALLY hate Boston

[amfootball]

Berman is pretty much an instant cult hero in NE.

[Everyone]

All I have to say is the Colts better beat the Pats. I don't want to hear about how "extra motivated" Brady will be. If the Colts aren't more motivated to win after losing 4 straight games to them they have no business playing at all.

[dynasty13]

You know, I did think about this. The NFL should have taken that as the best outcome and be done with it, IMO. They tried to push their luck and got burnt for their inadequacies with handling this issue.

 

It goes back even further than that. 

 

Most agree that the 4 game suspension was over the top in the first place...but the fact that it was upheld by 'independent arbitrator' Roger Goodell instead of cutting it back to even 2 at that point did nothing to dispel the notion that the league was out for blood. If the suspension went down to 2 during the appeal and Brady still chose to take it to court, at least then a legitimate compromise would have been that 1 game that was proposed anyways. Instead, the NFL's only settlement offer was a laughable 3 game suspension and full admission of guilt when their case was junk in the first place.

 

They mishandled this thing every single step of the way starting all the way back to January.

[our_dbs_rock]

You make it sound like that train of thought is one reserved for just this side of the argument...

 

Well, maybe for the side that believed a person was calling their self 'the deflatior' because they lost weight.  Or that a person threatens to contact ESPN because they lost weight.

[dynasty13]

wow this is just great now Greg Hardy is thinking about appealing his suspension since you can do whatever the hell you want and get away with it. But Josh Gordon smokes some weed and misses the whole damn season this tool ruins the integrity of the game and gets nothing man I REALLY hate Boston

 

In both those cases, their was PROOF of the wrongdoing and therefor the punishments, although harsh, were justified.

 

That was not the case here.

[Gramz]

The JUDGE said that there was no evidence of Brady's guilt. 

 

So sorry, you're wrong, as are the other people, primarily Colt and Jet fans, who think likewise.

No.  Here are his reasons, none of which state innocence.

 

“The Award is premised upon several significant legal deficiencies, including (A) inadequate notice to Brady of both his potential discipline (four-game suspension) and his alleged misconduct; (B) denial of the opportunity for Brady to examine one of two lead investigators, namely NFL Executive Vice President and General Counsel Jeff Pash; and © denial of equal access to investigative files, including witness interview notes,” the filing read.

[Superman]

What about the Jay Feely issue, though? That demonstrated clearly that the NFL didn't suspend or fine a Jets player for the exact thing of which Brady was accused.

It wasn't the exact same thing. The league didn't determine that Feely was aware of what was going on, and they didn't conclude that he intentionally destroyed evidence to cover up his knowledge or involvement.

Even if the situations were the same, there is never precedent until there is. Just because Feely wasn't suspended doesn't mean the NFL has to ignore what it views as conduct detrimental. That reasoning suggests that any player who is involved in the tampering of game equipment will never face suspension, because Feely wasn't suspended.

The NFL should be able to suspend players for cheating. The players are entitled to a fair process. I dislike that players who clearly did wrong get off with no punishment because of technicalities in the process.

[21isSuperman]

The JUDGE said that there was no evidence of Brady's guilt. 

 

So sorry, you're wrong, as are the other people, primarily Colt and Jet fans, who think likewise.

 

 

Except that isn't an admission of guilt...it is simply proposing a compromise because of the judge's repeated requests for it. 

 

 

The NFL should have taken the game rather than have this scathing ruling against them. Wow.

 

I bring this question to all three of you because I'm interested in hearing what you have to say.  If Brady did nothing wrong, as you all claim, why would he agree to a 1 game suspension?  If you did not commit a crime, would you agree to go to jail on a reduced sentence?  Does that make any sense?

 

"You have to go to jail for 5 years"

"No way, I did nothing wrong"

"Fine, go to jail for 1 year"

"Sure, that's fine"

[amfootball]

I bring this question to all three of you because I'm interested in hearing what you have to say.  If Brady did nothing wrong, as you all claim, why would he agree to a 1 game suspension?  If you did not commit a crime, would you agree to go to jail on a reduced sentence?  Does that make any sense?

 

"You have to go to jail for 5 years"

"No way, I did nothing wrong"

"Fine, go to jail for 1 year"

"Sure, that's fine"

He was going to accept the game on the basis of non-coop not consenting to Wells just to put it behind him.

 

BTW, it has never been confirmed what the settlement offers were from either Brady or the NFL.

[MTC]

Roger Goodell statement pic.twitter.com/KjkpsBhTBe

— Mike Garafolo (@MikeGarafolo)

September 3, 2015

[CR91]

apparently destroying evidence doesnt make you guilty. our justice system at its finest

[dynasty13]

No.  Here are his reasons, none of which state innocence.

 

“The Award is premised upon several significant legal deficiencies, including (A) inadequate notice to Brady of both his potential discipline (four-game suspension) and his alleged misconduct; (B) denial of the opportunity for Brady to examine one of two lead investigators, namely NFL Executive Vice President and General Counsel Jeff Pash; and © denial of equal access to investigative files, including witness interview notes,” the filing read.

 

Read the rest please...

[MTC]

NFL will appeal, as I mentioned before.

[amfootball]

One of my biggest take aways from all this is WHY the league does not hire Kessler or someone like him? He is as good as advertised. Daniel Nash is terrible.

[bababooey]

apparently destroying evidence doesnt make you guilty. our justice system at its finest

But smoke marijuana that is legal in some states and your career is done

Edited September 3, 2015 by 21isSuperman

[ricker182]

Cheaters always win.

[Andrew Luck fan club]

All I got to say is.. Lololololol.

Thats all

[amfootball]

Stephanie Stradley ‏@StephStradley 1h1 hour ago

Basing decision on notice issue means not curable by remand. Believe this will hold on appeal. Well reasoned.

 

The crux of Berman’s ruling came on pages 20 and 21:

The Court is fully aware of the deference afforded to arbitral decisions, but, nevertheless, concludes that the Award should be vacated. The Award is premised upon several significant legal deficiencies, including (A) inadequate notice to Brady of both his potential discipline (four-game suspension) and his alleged misconduct; (B) denial of the opportunity for Brady to examine one of two lead investigators, namely NFL Executive Vice President and General Counsel Jeff Pash; and © denial of equal access to investigative files, including witness interview notes.

[dynasty13]

I bring this question to all three of you because I'm interested in hearing what you have to say.  If Brady did nothing wrong, as you all claim, why would he agree to a 1 game suspension?  If you did not commit a crime, would you agree to go to jail on a reduced sentence?  Does that make any sense?

 

"You have to go to jail for 5 years"

"No way, I did nothing wrong"

"Fine, go to jail for 1 year"

"Sure, that's fine"

 

Perhaps he offered that compromise knowing that the NFL would not accept it, but that would make him appear more willing to do what Judge Berman pleaded with them to do? To show good faith in a way, I don't know....just a possibility. It was clear from the get go that Brady was taking this to the end one way or the other and was unwilling to admit guilt in any way or accept that ridiculous punishment. He maintained his innocence from the start.

[bababooey]

Perhaps he offered that compromise knowing that the NFL would not accept it, but that would make him appear more willing to do what Judge Berman pleaded with them to do? To show good faith in a way, I don't know....just a possibility. It was clear from the get go that Brady was taking this to the end one way or the other.

I bet you think the Deflator was trying to lose weight too.

Edited September 3, 2015 by 21isSuperman

[buck_hunter21]

[Yehoodi]

Don't blame Brady or the Pats?  Why not?  They're the ones who cheated.  Goodell handled the situation very poorly, but that doesn't exonerate Brady from wrongdoing.

 

What a mess on his part.

 

Again, from what I read and understand in that link and what I read in the Wells report, Exponent took account for most of what the author is claiming.

 

Exponent took that into consideration when they did their testing and still found the Pats balls were outside the range that would be acceptable by the Ideal Gas Law.

 

I was pointing to the judge's ruling.  Its not the pats or Brady's fault that the judge ruled the way he did.  This whole mess since May is largely to do with Goodell trying to be Big Man on Campus.  All Goodell had to do was fine Brady 100K and all of this would of been over in May, no Federal Case, no nothing since May. 

 

But is was Goodell, not the pats or Brady, that tried to shoehorn a suspension into a case like this, and what makes is more reprehensible was he did not learn his lesson from Rice and Bountygate.    One would think the guy would of learn by now, but he did not.  So don't blame the pats or Brady for the mess since May. 

 

As for you point about Exponent I cannot agree, they did not address the issue I brought up.  And my point does not rest solely on the Ideal Gas Law, as there are other elements at play during the course of a game that may effect the balls.  Indeed based on said Figure 22, some of the colts balls fall outside the range of what the Ideal Gas Law predicts as the colts balls should have been near their pregame levels, but they were not, an indication that either the colts too tampered with the balls, or there are things which effect ball pressure beyond temperature but are not human intervention.  As we know the colts balls were not tampered with only means the latter is true.  As such, we can use the colts balls as a control and property use them as a control for the pats balls, something Exponent did not address in my opinion.   

[ricker182]

Remember kids. Integrity isn't important anymore.

If you can cheat, do it.

[DougDew]

Uh....

The Judge was born in NYC, is a judge in NYC.

Richard M. Berman (born 1943) is a Senior United States federal judge of the United States District Court for the Southern District of New York.

He received his B.S. from Cornell University in 1964 and his J.D. from New York University School of Law in 1967. He also received a Master of Social Work from Fordham University in 1996. He went into private practice at Davis Polk & Wardwell before becoming an executive assistant to United States Senator Jacob Javits in 1974. He served in this capacity until 1977, when he was named Executive Director of the New York State Alliance to Save Energy. A year later, he was appointed General Counsel and Executive Vice President of the Warner Cable Corporation, a position he held until 1986, when he returned to private practice.

 

https://en.wikipedia.org/wiki/Richard_M._Berman

Yes, he is an attorney from and educated in NYC and served as a director of some advocacy group to save energy (environment).

Its what I said. Like minded people have to seek out other like minded people to get the decision they want when reason and common sense are against them. That's how the world works, especially in certain arenas. You don't really believe that stuff they teach you in school do you?

I believe Brady's attorney's specifically went out of their way to file the case in this judge's jurisdiction, understanding the 1960's and 1970's backwards dogmatic ideology (hates "The Man") that he has projected in his career.His words that have been quoted are a bit hippyish in their hatred for people in power. Dripping with ideology.

Again, once you debrainwash and let yourself understand what is at the root of his type of thinking, you can predict his decision before he himself even knows what its going to be.

Brady's guilty. Anybody with an open mind and common sense knows it. His coming season is a sham...and so is the NFL's.

[21isSuperman]

Perhaps he offered that compromise knowing that the NFL would not accept it, but that would make him appear more willing to do what Judge Berman pleaded with them to do? To show good faith in a way, I don't know....just a possibility. It was clear from the get go that Brady was taking this to the end one way or the other and was unwilling to admit guilt in any way or accept that ridiculous punishment. He maintained his innocence from the start.

I disagree here.  I believe the Super Bowl press conference included a question that was something like:

Reporter: Are you a cheater?

Brady: I don't think I am.

 

Isn't that a bit of a peculiar response?  That's like someone asking me "are you an NFL player?"  There's really only one answer, and that is "no".  To say "I don't think I am" suggests he knows there's something going on

[Colts_Fan12]

In both those cases, their was PROOF of the wrongdoing and therefor the punishments, although harsh, were justified.

That was not the case here.

yeah whatever

[Yehoodi]

 

Stephanie Stradley ‏@StephStradley 1h1 hour ago

Basing decision on notice issue means not curable by remand. Believe this will hold on appeal. Well reasoned.

 

The crux of Berman’s ruling came on pages 20 and 21:

The Court is fully aware of the deference afforded to arbitral decisions, but, nevertheless, concludes that the Award should be vacated. The Award is premised upon several significant legal deficiencies, including (A) inadequate

notice to Brady of both his potential discipline (four-game suspension) and his alleged misconduct;

(B) denial of the opportunity for Brady to examine one of two lead investigators, namely NFL Executive Vice President and General Counsel Jeff Pash; and © denial of equal access to investigative files, including witness interview notes.

 

 

Glad to see that the judge followed the finding in the Rice case with respect to this issue of notice.  As now there are two circuits who find that folks needed to be aware of a penalty prior to it being imposed, there is no split in the circuits on this matter and also as there is now two circuits that feel this way not so sure if this concept is going to get reversed.   Nor should it be reversed. 

 

There is simply no harm in following prior actions and disciplines.  If one wants to imposed a harsher disciplines, all one has to do is to is to impose the existing penalty and then thereafter make it be known that any future actions along said lines will be subject to a new penalty X.   

[cdgacoltsfan]

For those who actually read all the court materials and actually paid attention to the details of this case...this comes as no surprise.

Having losts of money has its way of resolving things...just ask OJ.

[ricker182]

This isn't a verdict of not guilty.

The NFL didn't give Brady enough notice on the suspension.

[-JJ-]

NFL failed miserably. 

 

http://deadspin.com/judge-overturns-tom-bradys-suspension-1728456783

1. The NFL didn't properly inform Brady of the punishment he faced, or even what he was accused of.

2. The NFL didn't let Brady's camp question NFL executive and counsel Jeff Pash at his appeal.

3. The NFL didn't give Brady's side a chance to examine the evidence against him

 

yeah this what jumped out at me. That and the whole steroid comparison.

Goodell is really a flop.

 

Back in the day Rozelle would have called the team in question and told them to knock it off or else instead of all this legal stuff.

 

The actually fine is 25k for the balls IF proven true (plus any discipline if necessary).

 

In light of the ruling it still baffles me the fine on the Patriots Kraft accepted though he now regrets it. My guess was he'd take the hit thinking Goodell would just end it.