TB Suspension: Cheater free to play again

Lose Remerswaal

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That's how it should work, but if past history is any guide, they will fail miserably to get any progress in this goal. "It can't happen to me so why should I care" is a phrase sure to be heard at Union Chapter meetings
 

BuellMiller

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Right now Brady is texting Jimmy:
"See that Jimmy, they're all assuming easy wins against us while I'm out"
"Nobody outside this locker room believes in you. You're not going to take that are you?"
"They think they won, they've won nothing, you got this"
Just wait until the NFL subpoenas Brady's texts again. Sees all these extra texts to Jimmy G. Assumes that he must be telling Jimmy G how to continue to deflate balls and to keep their stories straight. Suspends Jimmy G 4 games, and Brady 8 additional games (as a repeat offender). Because integrity.
 

Hoodie Sleeves

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Just wait until the NFL subpoenas Brady's texts again. Sees all these extra texts to Jimmy G. Assumes that he must be telling Jimmy G how to continue to deflate balls and to keep their stories straight. Suspends Jimmy G 4 games, and Brady 8 additional games (as a repeat offender). Because integrity.
Don't forget the multiple first round picks.

The sad thing is there's really nothing to stop that - which is the real problem with Kraft just rolling over on this thing.
 

Stitch01

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Nothing to stop it if Kraft didn't roll over either. Not like the owners partnership agreement has stronger recourse for the team than Brady had in the CBA.
 

Harry Hooper

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Good ol' Judge Chen, "The evidence of ball tampering is compelling, if not overwhelming,"
 

jose melendez

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+1. The brevity of NFL careers contributes mightily to a union with relatively little bargaining power. They simply do not want, and cannot sustain, a work stoppage over something like this. In this case it is definitely not cretins voting against their economic interests.
That's absolutely true, but it's mostly accentuating an already existing collective action problem. If they could actually hang together, the players could benefit a lot, even those with short careers, they just suck at it. An effective strategy would be a pr strategy among the need to get guaranteed money etc because they're literally sacrificing their brains for the sport.
 

NortheasternPJ

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I wouldn't blame Brady at all if he called a press conference, sat all four of his rings on the podium, thanked the fans and all of his teammates for a great run of success together, but retires because he no longer wants to be part of a league that disciplines players because their hard work, honest approach to the game, and subsequent success is met with constant sour grapes and petulance. Explain that if the legacy he's been fighting for for nearly two decades can be destroyed by a select few with an axe to grind, he no longer has any interest in having a legacy associated with the National Football League whatsoever. Mention one last time that he never deflated or ordered the deflation of footballs, and that he's personally embarrassed to have his name associated with such a ridiculous power struggle between the NFL and it's hardworking, selflessly-at-risk-of-longterm-injury players.

Mic drop, walk off the podium, buy an island, bang Gisele forever, watch as the NFL continues its massive fall over the next decade.

Edit: iOS autocorrection corrections
No better way to go out than fucking over your entire organization including the Owner, the Coach and 53+ other teammates!
 

PedroKsBambino

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The new game plan is to force Roger to hand the Lombardi trophy to Brady next February, and with half the world listening Brady can share his opinion of Goodell on a live mike in front of half the civilized world.
 

Shelterdog

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Don't forget the multiple first round picks.

The sad thing is there's really nothing to stop that - which is the real problem with Kraft just rolling over on this thing.
Time for the scheduled monthly reminder that there is jack shit Kraft could have done on this thing.
 

Erik Hanson's Hook

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I hope the NFL is prepared to see their revenue stream from the upper northeast dry up in 2-4 years, after TB/BB are gone. I was done before, and I'm even more done now. I'll do other stuff on Sundays.

Some will say it won't move the needle, but I honestly think if +50% of people in the six-state New England area decide not to consume the NFL, it can matter. The league won't go under of course, but their business plan will take a hit, drawing very little money from a market that used to contribute much more.
 

Bleedred

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I hope the NFL is prepared to see their revenue stream from the upper northeast dry up in 2-4 years, after TB/BB are gone. I was done before, and I'm even more done now. I'll do other stuff on Sundays.

Some will say it won't move the needle, but I honestly think if +50% of people in the six-state New England area decide not to consume the NFL, it can matter. The league won't go under of course, but their business plan will take a hit, drawing very little money from a market that used to contribute much more.
Keep dreaming
 

PedroKsBambino

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My guess is Kraft gets his revenge on Goodell another way. We'll have to wait a few years to figure out if he does.
Agreed---I imagine the next crisis Goodell's incompetence causes will be his last, and Kraft will be cackling in the background when Goodell resigns. That has always been the only practical option Kraft has had.
 

The Big Red Kahuna

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I hope the NFL is prepared to see their revenue stream from the upper northeast dry up in 2-4 years, after TB/BB are gone. I was done before, and I'm even more done now. I'll do other stuff on Sundays.

Some will say it won't move the needle, but I honestly think if +50% of people in the six-state New England area decide not to consume the NFL, it can matter. The league won't go under of course, but their business plan will take a hit, drawing very little money from a market that used to contribute much more.
hahaha...

I know a ton of people in these DG threads have said they'll stop watching NFL when TB/BB are gone... I won't.
 

Bleedred

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Agreed---I imagine the next crisis Goodell's incompetence causes will be his last, and Kraft will be cackling in the background when Goodell resigns. That has always been the only practical option Kraft has had.
When Goodell resigns with $200 million in the bank? Yes, that will be sweet justice <bitter sarcasm>
 

Dogman

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I hope the NFL is prepared to see their revenue stream from the upper northeast dry up in 2-4 years, after TB/BB are gone. I was done before, and I'm even more done now. I'll do other stuff on Sundays.

Some will say it won't move the needle, but I honestly think if +50% of people in the six-state New England area decide not to consume the NFL, it can matter. The league won't go under of course, but their business plan will take a hit, drawing very little money from a market that used to contribute much more.
Does this mean you are finished posting in this forum as well? Go whole hog!! All or nothing!

Psst...nobody cares. Enjoy your free Sunday afternoons.
 

Shelterdog

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When Goodell resigns with $200 million in the bank? Yes, that will be sweet justice <bitter sarcasm>
I would consider myself royally fucked if I was forced to retire with $200 million instead of another $25 million post tax or so for every year I'd like to work. Russian models and ferraris would help me make a speedy recovery.
 

Marbleheader

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Brady already got his FU title. Those looking for a pound of flesh or someone to go rogue are delusional. While this team is right to have Super Bowl aspirations, we have plenty of experience with those not working out more than they do. Like it or not, the draft picks and the fines aren't coming back, and I expect the 4 games won't either.
 

PaulinMyrBch

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When Goodell resigns with $200 million in the bank? Yes, that will be sweet justice <bitter sarcasm>
I know you're being sarcastic, but its sad that for owners you've got literally zero good options to fight this type of thing. You've got to plot revenge on some collateral issue and wait long enough so it doesn't seem like that is what you're doing.

I'd really like to fast forward the NFL for 3-5 years and find out right now the state of the league and its commish then.
 

Dogman

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Brady already got his FU title. Those looking for a pound of flesh or someone to go rogue are delusional. While this team is right to have Super Bowl aspirations, we have plenty of experience with those not working out more than they do. Like it or not, the draft picks and the fines aren't coming back, and I expect the 4 games won't either.
Yep, throughout this entire shitsandwich, we have been given numerous realistic reasons for everything that has happened right here in this forum. Some simply ignored the logic of some very intelligent, processes oriented people. That is your own delusional thinking for hoping for the draft picks returned, or, ahem, Brady to retire and drop the mic. I hate it too but he is likely to sit for 4 games. Join me in eating the crusts.
 

Erik Hanson's Hook

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Does this mean you are finished posting in this forum as well? Go whole hog!! All or nothing!

Psst...nobody cares. Enjoy your free Sunday afternoons.
Sorry. I'm just frustrated by this whole thing. 16 months and counting, and now I have to listen to all the mouth-breathers again clouding Brady's legacy.

I am not the Mona Lisa Vito of internet posting.
 

Hoodie Sleeves

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Nothing to stop it if Kraft didn't roll over either. Not like the owners partnership agreement has stronger recourse for the team than Brady had in the CBA.
We probably just have a difference in opinion, but I strongly believe the reason why we got so thoroughly nailed in Spygate, and Deflategate is that Kraft has made almost no effort to get out in front of these things, or control the narrative. He continues to parrot 'The NFL will do the right thing' and then he takes it when they nail him, and endorses their decision through inaction.

He's the wimpy kid in the playground full of bullies, and they keep coming back because he keeps taking it. He's weak because being an owner is so important to him, and they know that, and harbor disdain him because of it.

He wouldn't have won fighting back, but he may have made them a little reticent to keep coming back to the well. As is, I'm fully expecting the Patriots to keep losing draft picks for things that either didn't happen, or were non-issues. He's an easy target.
 

( . ) ( . ) and (_!_)

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What was the benefit to these judges of removing the option of sending this back to Berman to rule on the withstanding questions, such as general fairness? My understanding is that three things could have happened(in layman terms): Brady Wins, NFL wins appeal but gets sent back to Berman for next rule, NFL wins on everything.

2 out of those three seemed good for Brady, but the only bad option seemed to have happened. Any context on why? I get that the NFLPA agreed to a shitty deal and have to eat it now, but my understanding is that while you can bargain away a sensible process you cannot bargain aware general fairness. Yet, the decision today seems to state conclusively that general fairness was observed here or did not matter Does Brady get to appeal on that point seeing as Berman did not specifically rule on it?
 

Stitch01

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We probably just have a difference in opinion, but I strongly believe the reason why we got so thoroughly nailed in Spygate, and Deflategate is that Kraft has made almost no effort to get out in front of these things, or control the narrative. He continues to parrot 'The NFL will do the right thing' and then he takes it when they nail him, and endorses their decision through inaction.

He's the wimpy kid in the playground full of bullies, and they keep coming back because he keeps taking it. He's weak because being an owner is so important to him, and they know that, and harbor disdain him because of it.

He wouldn't have won fighting back, but he may have made them a little reticent to keep coming back to the well. As is, I'm fully expecting the Patriots to keep losing draft picks for things that either didn't happen, or were non-issues. He's an easy target.
Jerry Jones and Dan Synder ate the exact same sort of shit sandwich.
 

BusRaker

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As disappointed as I am, to me it's a big FU from the court to the NFLPA for agreeing to such a pathetic arbitration clause in the CBA, and a extremely well-publicized message to all future labor negotiations across all industries to not be so silly. Sucks Brady and the Pats are paying the price.
 

Shelterdog

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Jerry Jones and Dan Synder ate the exact same sort of shit sandwich.
So did Benson and so will the Hunt family.

So basically I see two explanations. Explanation one is that every now and then a team gets arbitrarily whacked and it sucks and you ultimately eat it as a team because you have no recourse and because, you gave up some control over your own business in order to make anobscene amount of money.

Option two is all five teans that have faced this recently are run by cowards.
 

soxhop411

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After Judge Richard Berman overturned the four-game suspension imposed by the NFL on Patriots quarterback Tom Brady, the league exercised its right to appeal the decision to the U.S. Court of Appeals for the Second Circuit, despite the grumblings of some who thought it was time to end it all and move on.

Now that the NFL has won round two, Brady and the NFL Players Association definitely should proceed with a request for a rehearing before the full court, for a variety of reasons — and regardless of whether anyone now argues that Brady and the NFLPA should take their lumps and let it be.

First, a source with knowledge of the Second Circuit procedures tells PFT that a request for rehearing (which must be filed if at all within 14 days) operates as an automatic stay of the suspension. It means that Brady, if a petition for rehearing is filed, would have his suspension held in abeyance until, at the earliest, the Second Circuit decides not to conduct a rehearing and, at the latest, until the rehearing is resolved with another ruling against Brady and the NFLPA.

If the petition for rehearing is granted, it’s quite possible (if not likely) that the case won’t be resolved at any point during the 2016 season.

Second, the issues in this appeal extend far beyond Brady. This is a question of the power that Commissioner Roger Goodell has when it comes to player discipline. The more power he has, the more it will take at the bargaining table to obtain third-party arbitration in matters involving the Personal Conduct Policy and conduct detrimental to the interests of the league, the two remaining areas in which Goodell serves as judge, jury, and executioner. The less power he has, the less it will take to get the league to surrender the Commissioner’s current power as part of the next CBA.

Third, it simply makes sense to push the case farther. So far, four judges have considered it. Two decided that Brady should win, and two decided that the NFL should win. The situation cries out for a tiebreaker. The only way for that to happen is for Brady and the NFLPA to seek a rehearing before the full Second Circuit.

Fourth, Patriots fans are still up in arms because the team didn’t fight as hard as it did against the punishment imposed by the league. Brady would be wise not to risk drawing their ire by not doing everything in his power to push back against an outcome that the Chief Judge of the U.S. Court of Appeals for the Second Circuit has declared to be unfair.

http://profootballtalk.nbcsports.com/2016/04/25/brady-nflpa-should-definitely-pursue-a-rehearing-before-the-full-second-circuit/
 

DJnVa

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Brady would be wise not to risk drawing their ire by not doing everything in his power to push back against an outcome that the Chief Judge of the U.S. Court of Appeals for the Second Circuit has declared to be unfair.
There's not really much Brady could do to draw the ire of Pats fans. Dude should be untouchable.
 

Hoodie Sleeves

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What was the benefit to these judges of removing the option of sending this back to Berman to rule on the withstanding questions, such as general fairness? My understanding is that three things could have happened(in layman terms): Brady Wins, NFL wins appeal but gets sent back to Berman for next rule, NFL wins on everything.
I don't know anything about the law, but it really does seem strange that they ruled on things that the NFLPA was never allowed to actually present a case on. How do you rule on bias when the issue was never on the table?
 

CaptainLaddie

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where the darn libs live
I don't think the NFL would offer a reduced suspension because they want to avoid a rehearing en banc

And typically such a fact based arbitration case isn't going to go up to SCOTUS.

However, the Eighth Circuit still has the NFL/Adrian Peterson's appeal I believe. If the Eighth rules against the NFL, there will be two circuits disagreeing on essentially the same legal issue. A lot of SCOTUS' cases are ruling on split circuit issues.

What would be really interesting is Brady's response to an offer of 2-3 games. Does he reject it out of principal to maintain his innocence or accept for the betterment of the team?
Does the Brady ruling have any impact on AP? Can the NFL cite this?
 

PaulinMyrBch

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If that Florio stuff is accurate, he has to appeal. One of two things happen.

The filing automatically stays the appeal while the court decides if it going to allow the appeal to the entire court. So even if they don't agree to hear the case, they'll deny that request before the season and there is not one thing different than where he stands today (absent stroking a check for fees). Second, if they agree to hear it, you've got the Chief Judge of the court dissenting already and I would think his opinion alone is worth as much as the two in the majority. So I'd think its more than a longshot to win. 4 guys have heard this, and they are split 2-2 on the result.

Appeal!
 

Myt1

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My guess is Kraft gets his revenge on Goodell another way. We'll have to wait a few years to figure out if he does.
How? If the reports are to be believed, he and his old boy network couldn't even deliver a relocation to their favored owner instead of an upstart. And others who were clobbered while he sat by and supported Frankenstein's monster chortled when he got his. Guy's as impotent as a Chernobyl cafeteria worker on this stuff, notwithstanding the impression of him as a ninja-pirate Svengali.

Do you think he's just playing possum? Biding his time for . . . what, exactly? Christ, this myth needs to die.
 

PedroKsBambino

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He could strenuously object?
Brady's options are mostly around initiating other litigation. He could sue the league on an antitrust theory. He could sue the league on a libel theory (oft-discussed here and appropriately derided as highly unlikely to succeed). He could, it has been suggested around here, sue on Massachusetts employment law grounds. He could (at least once the appellate options are exhausted and Berman has the mandate again) seek additional discovery on theory NFL hid relevant information (unlikely to succeed). He could also sue the union on a variety of theories (don't count on this one happening). And of course, he can appeal for an en banc hearing and eventually Supreme Court hearing. I'm sure there are other theories he could put forward too.

The thing about all of the above is they are all very unlikely to succeed, and tend to carry the risk the league does something else to him at the slightest additional provocation. But given his bank account, he has lots of things he could do to keep the discussion of the legitimacy of this all alive in some direct or indirect way.
 

Eck'sSneakyCheese

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I hate what this is doing to Brady's reputation. He's a saint in the New England area, but the rest of the country is spitting vitriol. It's aggravating to know that this is going to take him down a notch in some eyes when he should be lauded as the G.O.A.T.

As far as this year goes. Fuck it. Brady having 4 games off then unleashing his fury on the rest of the league is going to make for an epic season. IF the Pats can pull off another SB this year, the haters will have absolutely nothing left.

Hell, I've wanted to see what we really have in Jimmy G, so let him take the reigns for a few games.
 

dcmissle

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So did Benson and so will the Hunt family.

So basically I see two explanations. Explanation one is that every now and then a team gets arbitrarily whacked and it sucks and you ultimately eat it as a team because you have no recourse and because, you gave up some control over your own business in order to make anobscene amount of money.

Option two is all five teans that have faced this recently are run by cowards.
Yup. These guys go in with their eyes wide open. In the case of Snyder and Jones, the contract restructurings that led to the cap penalties were approved by the League before the penalties were imposed.

As for the post above about the divided Court, you should pray for a tie: it only takes 4 votes for a cert petition to be granted.

Finally, for calendar reasons I won't bore people with, a scenario in which TB is taken off the field in January is as close to impossible as you're likely to find. We either lose early, or this gets kicked to 2017 season.