#DFG: Canceling the Noise

[RedOctober3829]

Peter King MMQB column today.
 

This is why Goodell should spare the rod:
1. Brady’s one of the greatest players of all time, an NFL golden child and ambassador for the game. There is no definitive proof in the Wells report that he ordered footballs to be doctored to his advantage.
2. Robert Kraft is a favored-nation owner, and he’s helped make the league a juggernaut.
 
3. Reading between the Johnny Knoxvillesque humor and texts from two Patriot employees, there is still no smoking gun among the 243 pages of the Wells report.
 
4. The league knows Brady will appeal any punishment that would take him off the field. Given the NFL’s recent record in appeals that happen outside Park Avenue (Ray Rice won, Adrian Peterson won), and given that there’s no smoking gun, I wouldn’t put much money on Brady having to miss any games. A suspension keeps the story in the headlines. The NFL always says it wants people to pay attention to the action on the field. Well, a suspension for Brady would put the attention, for multiple months, on a likely Brady appeal.
5. As Mike Reiss of ESPN Boston pointed out Sunday, there have been two recent violations regarding fair play with footballs. One happened last November, when TV cameras at the Minnesota-Carolina game in frigid Minneapolis caught footballs being warmed up by sideline heaters. That’s a rules violation, but the teams were simply warned not to do it again. In 2012, the Chargers were found to be using towels with stickum on the sidelines, presumably for players to be able to grip the footballs better. The team was fined $25,000. Is the presumption that Brady was using footballs about 1 pound per square inch under the minimum limit worth a multigame suspension compared to the other two violations? The other two violations were proven. This one is “more probable than not,” according to the Wells report.
6. Officials used two gauges at halftime of the AFC Championship Game to measure the air pressure in 11 New England footballs and four Indianapolis footballs. On page 113 of the Wells report, after a description of the scientific Ideal Gas Law (eyes glaze over), Wells says the Patriots footballs should have measured between 11.32 psi and 11.52 psi. The average of one gauge for the 11 balls was 11.49 psi, on the upper range of what the balls should measure. The average of the other gauge was 11.11 psi, clearly lower than what the balls should have measured. Average all 22 readings, and you get 11.30 … two-one-hundredths lower what the Ideal Gas Law would have allowed for balls that started the day at 12.5 psi. You’re going to suspend someone—never mind a franchise quarterback, never mind without a smoking gun—for an air-pressure  measurement of 11.30 when the allowable measurement would have been 11.32?

 
 

This is why Goodell should come down hard:
1. As commissioner, he can’t treat the best player in the league any differently from the 53rd[SIZE=13.333333015442px] [/SIZE]man on the roster if there’s been a rules violation.
2. It doesn’t matter that Kraft is a cornerstone own
 
3. Brady should have handed over his phone, with a Brady/Patriots lawyer on hand to figure which texts/emails/calls are applicable to this case. As Mike Florio of Pro Football Talkreported Sunday, high-level staffers in the NFL office—and presumably Goodell—handed over cell phones to be forensically examined during the Robert Mueller investigation into whether anyone in the league office saw the Ray Rice domestic violence video before it aired on TMZ.
 
4. The weight of the circumstantial evidence against Brady and the two Patriot employees is heavy.
5. The other 31 teams are watching to see if Goodell treats the Patriots with most-favored-nation status, or like any other one of the NFL franchises.
Goodell will be a piñata regardless what decision he makes. (I know the league says it’s Goodell and executive VP Troy Vincent making the call, but this one’s going to have Goodell’s name on it. It has to.)
I continue to feel this way: I feel strongly that a suspension for Brady is coming this week, because of the time and energy and “more probable than not” evidence in the Wells report. But I keep coming back to the fact that there’s just too much gray area here, and too much doubt. I’d slap the Patriots with something, but not a potential season-altering suspension for the franchise quarterback.
My call: I’d give Brady one game, two tops, for failing to turn over his cell phone and the evidence within. This is too important to rely on half-truths and maybes. Goodell, who I believe will come down harshly, can’t listen to the noise. He has to listen to the truth, and the proof.
 

http://mmqb.si.com/2015/05/11/dante-fowler-jaguars-tom-brady-deflategate-nfl-peter-king/2/

 

[Otis Foster]

There is too much we don't know to evaluate this cell phone business.

There could be legitimately bad stuff there; I doubt it.

There could be joking around stuff that isn't bad but could be painted that way; quite possible.

Or, there could be nothing at all; also possible. I have dug in my heels on things like this to make a point, or because the other side is acting like a jerk. I hold out, I hold out -- and then I throw the equivalent of the phone on the table, and say here, take it. And when there is nothing, the other side is frustrated and butt-hurt and says, "why did you hold out ... all of this could have been avoided, your Honor." And my answer is, "principle."

If, hypothetically, we are in the third category here, don't be surprised if team TB gives in on the point. And when the NFL responds, "it's too late", that's going to fall on deaf ears. If there is nothing there, the hearing officer will be mightily impressed. It's never too late in these circumstances.

But again, we don't know enough to evaluate the matter at this point.

 I get your point, but in many cases, there's no element of public perception, and we play hardball. Here there is, and a significant possibility the NFL's final disposition will be influenced by how the public looks at this. That's what concerns me. 
 
I feel you just need to appear reasonable without giving anything of substance away.
 
Oh well, reasonable minds can differ.

 

[dcmissle]

"5. As Mike Reiss of ESPN Boston pointed out Sunday, there have been two recent violations regarding fair play with footballs. One happened last November, when TV cameras at the Minnesota-Carolina game in frigid Minneapolis caught footballs being warmed up by sideline heaters. Thats a rules violation, but the teams were simply warned not to do it again. In 2012, the Chargers were found to be using towels with stickum on the sidelines, presumably for players to be able to grip the footballs better. The team was fined $25,000. Is the presumption that Brady was using footballs about 1 pound per square inch under the minimum limit worth a multigame suspension compared to the other two violations? The other two violations were proven. This one is more probable than not, according to the Wells report."


This is so damn devastating to heavy penalties here. It's so bad that if I'm Kraft I take any significant discipline to an arbitrator even though the deck is stacked against me, and even though Jones and Snyder were screwed by the NFL on the cap penalties and never got relief. It's worth a shot.

 

[BigJimEd]

I think some are glossing over a portion of Yee's comments that I think are significant.

Second, with the text messages, the scope that they asked for is actually very, very wide. I probably should have made the letter public that we received from the NFL's lawyers.

That to me suggests that, at least in Yee's mind, the request was broader than suggested in the report.
May have been all texts to and from employees of the organization or all from a time frame.
Without that letter we certainly do not know.

 If a prominent player were to provide all of their private communications absent a subpoena, that sets a dangerous precedent for all players facing disciplinary measures.

I think the precedent factor is very real and a legit reason to say no.

Yee also talks about presumed guilty etc.

All of these factors, I doubt Wells and his team expected any texts. Whether that constitutes obstruction according to the CBA, I don't know but I tend to doubt it or at least, I would expect the PA to fight any discipline in that regards.

I think the Martin case was a little different since that involved harassing another union member.


Interesting to see Florio and especially King criticize the report.
My favorite quotes are from former Chargers GM Smith linked to somewhere in this thread calling it an embarrassing and mentioning the amount of jealousy and envy across the league.

 

[RetractableRoof]

 I get your point, but in many cases, there's no element of public perception, and we play hardball. Here there is, and a significant possibility the NFL's final disposition will be influenced by how the public looks at this. That's what concerns me. 
 
I feel you just need to appear reasonable without giving anything of substance away.
 
Oh well, reasonable minds can differ.

That sounds like a sound strategy, it really does.  But nothing about this process, the people, the leaks, the timeline, the media has been reasonable.  And the tenor in that room may likely have been such that Brady's representation saw it for what it was.

 

[dcmissle]

Florio and King are plainly trying to save the League from itself, Goodell from himself and his underlings.

It' endlessly fascinating.

 

[RetractableRoof]

Florio and King are plainly trying to save the League from itself, Goodell from himself and his underlings.

It' endlessly fascinating.

Someone has to, right?

 

[tims4wins]

Florio and King are plainly trying to save the League from itself, Goodell from himself and his underlings.

It' endlessly fascinating.

 
Endlessly fascinating. Well said. This is probably the most interesting sports controversy I can every remember - from the PR, to the science, and to the media. Twitter wasn't the same in 2007 with Spygate.

 

[Mugsy's Jock]

fwiw, a 5-game suspension would put "Return of TB12" on October 18th.
 
That's Sunday night.  On NBC.  In Indianapolis.

 

[MillarTime]

 
5. As Mike Reiss of ESPN Boston pointed out Sunday, there have been two recent violations regarding fair play with footballs. One happened last November, when TV cameras at the Minnesota-Carolina game in frigid Minneapolis caught footballs being warmed up by sideline heaters. That’s a rules violation, but the teams were simply warned not to do it again. In 2012, the Chargers were found to be using towels with stickum on the sidelines, presumably for players to be able to grip the footballs better. The team was fined $25,000. Is the presumption that Brady was using footballs about 1 pound per square inch under the minimum limit worth a multigame suspension compared to the other two violations? The other two violations were proven. This one is “more probable than not,” according to the Wells report.
6. Officials used two gauges at halftime of the AFC Championship Game to measure the air pressure in 11 New England footballs and four Indianapolis footballs. On page 113 of the Wells report, after a description of the scientific Ideal Gas Law (eyes glaze over), Wells says the Patriots footballs should have measured between 11.32 psi and 11.52 psi. The average of one gauge for the 11 balls was 11.49 psi, on the upper range of what the balls should measure. The average of the other gauge was 11.11 psi, clearly lower than what the balls should have measured. Average all 22 readings, and you get 11.30 … two-one-hundredths lower what the Ideal Gas Law would have allowed for balls that started the day at 12.5 psi. You’re going to suspend someone—never mind a franchise quarterback, never mind without a smoking gun—for an air-pressure  measurement of 11.30 when the allowable measurement would have been 11.32?

 
These two comments juxtaposed literally make me want to puke. What a complete and total shit show.  

 

[swingin val]

Are there any quotes from McNally directly regarding what he did or did not do? You gotta think he will drill the truth at some point, right?

 

[Filet-O-Fisk]

That sounds like a sound strategy, it really does.  But nothing about this process, the people, the leaks, the timeline, the media has been reasonable.  And the tenor in that room may likely have been such that Brady's representation saw it for what it was.

The Wells report was designed to justify the upcoming punishment. The punishment was needed because there was national outrage over Deflate-gate.  Whether cheating actually happened or not is immaterial.  Fan and media outrage must be soothed in order to keep the money flowing.  
 
Unfortunately for the NFL, 20th century tactics such as long and needlessly complex reports dripping with legalese and drenched in bias no longer work in an era where scientific facts rule and social media allows amateur investigators to have a voice. 

 

[Leather]

fwiw, a 5-game suspension would put "Return of TB12" on October 18th.
 
That's Sunday night.  On NBC.  In Indianapolis.

You're the 22nd person to make this same point.

The NFL isn't professional wrestling,despite recent evidence to the contrary. They aren't going to make a decision based on goosing one game's ratings. A game, by the way, that will already have maximum intrigue.

 

[dcdrew10]

Florio and King are plainly trying to save the League from itself, Goodell from himself and his underlings.

It' endlessly fascinating.

 
Florio and King have are part of the problem. They've waffled on this so many damn times you'd think they are Kerry during the 2004 presidential debates. They're two of the more influential football writers (or at least they helm two of the more popular football news sites) and they have both said Brady looks guilty then backtracked to "Well it doesn't look great" then called for his suspension and then backtracked saying the report doesn't really prove anything. They are just as guilty of being weather vanes as Goodell. It's too late to save anyone from this fiasco. The media messed it up as much as the NFL, though it was a mutual cycle of jackassery; the NFL fed the media leaks to win the PR war, the media got blood thirsty and the NFL is backed into a corner.
 
Regardless of the outcome Brady's reputation outside of New England is suspect at best, ruined for many others. Goodell's is already in the shitter and if he throws the book at Brady there will be a large outcry from Pats fans and the whole thing continues with appeals and trials in the press. If he doesn't he gets accused of letting Kraft of easy. He really screwed himself. And any punishment he doles out will be reduced or vacated, like most other major punishments that players have had the good sense to appeal, which makes him look bad too. Good. screw Goodell.

 

[Leather]

Right. This is all throwing good money after bad at this point.

 

[Van Everyman]

Between King and Florio (and fed by Reiss and others), it appears the national media is coalescing around the idea that there is not enough to to suspend Brady on beyond the phone issue. Which suggests to me that Yee should make that letter from Wells public this morning.

 

[dcdrew10]

Basically, no one is going to win. The Pats look like cheaters, the Colts look like whiners, the Ravens look like collaborators, Brady's reputation is (rightly or wrongly sullied) and that stain isn't coming out ever. Goodell will look as ineffectual as he always does. The media will go crazy no matter the punishment.
 
In the end the NFL brand will suffer and it will cost them fans.

 

[brandonchristensen]

I really hope that Tom gives the cell phone up and there is texts with him and other top quarterbacks making fun of Goodell.

 

[loshjott]

Between King and Florio (and fed by Reiss and others), it appears the national media is coalescing around the idea that there is not enough to to suspend Brady on beyond the phone issue. Which suggests to me that Yee should make that letter from Wells public this morning.

 
And this is the problem. Goodell can suspend Brady for maybe 1-3 games focusing solely on failure to cooperate and turn over records, which makes everything about PSI, gauging, precedent for Panthers, etc. totally irrelevant. 

 

[SuperManny]

I really hope that Tom gives the cell phone up and there is texts with him and other top quarterbacks making fun of Goodell.

 
I was thinking something similar of the original texts, wondering if there were any texts from the Pats employees bashing Goodell which were left out of the report.

 

[Mooch]

Florio and King have are part of the problem. They've waffled on this so many damn times you'd think they are Kerry during the 2004 presidential debates. They're two of the more influential football writers (or at least they helm two of the more popular football news sites) and they have both said Brady looks guilty then backtracked to "Well it doesn't look great" then called for his suspension and then backtracked saying the report doesn't really prove anything. They are just as guilty of being weather vanes as Goodell. It's too late to save anyone from this fiasco. The media messed it up as much as the NFL, though it was a mutual cycle of jackassery; the NFL fed the media leaks to win the PR war, the media got blood thirsty and the NFL is backed into a corner.

This is Florio's MO a lot of the time: Play both sides of a hot NFL issue to maximize clicks. PFT is the online journalistic equivalent of a handicapping service giving away "free plays": They take one game, tell half the potential customers that the home team is the "winner", tell the other half that the away team is the winner, and try to get repeat (paying) business from the half that actually won.

 

[JBJ_HOF]

Schefter just said on ESPN it's a "foregone conclusion" Brady is being suspended multiple games.

 

[LuckyBen]

 
And this is the problem. Goodell can suspend Brady for maybe 1-3 games focusing solely on failure to cooperate and turn over records, which makes everything about PSI, gauging, precedent for Panthers, etc. totally irrelevant. 

 
If he suspends Brady for that infraction, doesn't he also have to suspend Ghost for the same amount of time?

 

[Leather]

 
If he suspends Brady for that infraction, doesn't he also have to suspend Ghost for the same amount of time?

 
LOL.  That's totally what's going to happen.

 

[Otis Foster]

Between King and Florio (and fed by Reiss and others), it appears the national media is coalescing around the idea that there is not enough to to suspend Brady on beyond the phone issue. Which suggests to me that Yee should make that letter from Wells public this morning.

 
Thanks. I'd forgotten about Yee's comment. Of course, if the letter is excessive in scope, throw it on the table and start drilling the message that this was a witch hunt. Obviously, TB doesn't comply with that.
 
Still, I'd like to know what Yee and TB did about this besides say 'no'. I'd also like to know if Yee was also acting as counsel, if TB was relying on the NEP lawyer (bad idea),had personal counsel (who?) or was  navigating VF.

 

[jsinger121]

Schefter just said on ESPN it's a "foregone conclusion" Brady is being suspended multiple games.

 
Get ready for a war between the NFL and NFLPA.

 

[ivanvamp]

 
These two comments juxtaposed literally make me want to puke. What a complete and total shit show.  

 
Complete and total.  100%.  
 
As Florio (I think?) put it yesterday, if they had just gone with the one gauge then instantly they would have realized that this entire thing is easily explainable by….SCIENCE.  Natural causes.  
 
And as someone else upthread put it, what in the world might the psi in the footballs have been as Bart Starr scored in the Ice Bowl?  9 psi?  Or in the Patriots' playoff game against the Titans a decade or so ago?  
 
 
The whole thing is absurd.

 

[dcdrew10]

For Brady: Sentenced to two game suspension for whatever grounds (probably more to do with obstruction than the deed itself, whatever the deed actually might have been), imposition of sentence to be suspended for whatever length of time as long as Brady behaves himself, and then the "sentence" will just go away.  For Team: $25,000 fine related to lack of supervision of junior staff members.  Additionally, Kensil will be reassigned for having run a sting operation gone bad, and Grigson will be disposed of by the Colts for creating a situation in which he showed he was perfectly willing to put his team at a disadvantage (even though in fact there was no disadvantage) just to carry out a personal vendetta.

 
If Grigson is getting disposed of by the Colts its for his inability/refusal to draft competent defensive players.

 

[BroodsSexton]

One angle I haven't seen considered is that the league will mention the Minnesota-Carolina game as evidence that the Patriots knew they shouldn't be doing anything to influence the game balls, and thus to warrant a stronger punishment.  Spygate all over again. (They had been warned!)

 

[Ferm Sheller]

fwiw, a 5-game suspension would put "Return of TB12" on October 18th.
 
That's Sunday night.  On NBC.  In Indianapolis.

 
The Indy game is the 5th game of the season for the Pats.

 

[DJnVa]

Schefter just said on ESPN it's a "foregone conclusion" Brady is being suspended multiple games.

 
 
Whatever. The report is weak enough that I think an appeal will negate this.
 
The NFL is horribly mismanaged at this point.
 

 

[DJnVa]

You're the 22nd person to make this same point.

The NFL isn't professional wrestling,despite recent evidence to the contrary. They aren't going to make a decision based on goosing one game's ratings. A game, by the way, that will already have maximum intrigue.

 

Well, he's wrong.
 
A 5 WEEK suspension would do this, but not a 5 GAME suspension.

 

[dcmissle]

Schefter just said on ESPN it's a "foregone conclusion" Brady is being suspended multiple games.

He hedged it with "right now ..."

Still, that is the smart bet. We have seen no indication during the past few years that Goodell has learned a damn thing from any of these disciplinary matters.

 

[mulluysavage]

Right - and that a mere 30 seconds to a minute change in our assumptions (for when we start measuring these) makes the data fit perfectly with the narrative that it is simply the natural processes at work (as you can see on the time graphs right after tables 13-14).
 
 
This is really a story of people using numbers to confuse.

Like bringing out the chains: "a precise measurement of an arbitrary placement."

 

[soxhop411]

Schefter just said on ESPN it's a "foregone conclusion" Brady is being suspended multiple games.

Can't wait for the NFLPA to burn the NFL to the ground

 

[Otis Foster]

The beauty of litigation is the broad scope of discovery.
 
The danger of litigation is the broad scope of discovery.
 
Why is one thing not like the other?

 

[RedOctober3829]

wrong thread
.

 

[MarcSullivaFan]

By the way, it's important to remember that the CBA does NOT provide the Union with the right to appeal commissioner discipline to a neutral. Under Article 46, the appeal goes to whomever the Commissioner appoints for a final ruling. Rice only got a neutral because Goodell decided to allow for one. Peterson had Harold Henderson's "arbitration" ruling vacated in federal court -- which is extremely difficult to accomplish, as Courts are generally highly deferential to the rulings of labor arbitrators.

One thing this highlights is how incredibly slanted the CBA is in favor of management. The grievance and "arbitration" procedure for commissioner discipline contained in Article 46 is absurd, as there is no requirement that an appeal of discipline can be advanced to a neutral. You will not find that in any other private sector CBA.

So, in short, Goodell does not have to allow Brady to appeal to a true neutral. Assuming the Commissioner's designee upholds the discipline, Brady's recourse is federal court. And unless the court agrees to enjoin enforcement of the ruling pending its decision on the merits, Brady might have to serve a suspension before having his day in court.

 

[dcmissle]

The beauty of litigation is the broad scope of discovery.
 
The danger of litigation is the broad scope of discovery.
 
Why is one thing not like the other?

Because the table tilts to Tom once the discipline comes down. TB can control his risk -- he knows what's on that phone. The NFL is stuck with whatever record Goodell makes based on the Wells Report.

 

[DJnVa]

Sooooo, no leaks yet that this thing is hitting today huh?

 

[epraz]

Per Schefter, yeah:
 
https://twitter.com/AdamSchefter/status/597765776754483201

 

[dcmissle]

By the way, it's important to remember that the CBA does NOT provide the Union with the right to appeal commissioner discipline to a neutral. Under Article 46, the appeal goes to whomever the Commissioner appoints for a final ruling. Rice only got a neutral because Goodell decided to allow for one. Peterson had Harold Henderson's "arbitration" ruling vacated in federal court -- which is extremely difficult to accomplish, as Courts are generally highly deferential to the rulings of labor arbitrators.

One thing this highlights is how incredibly slanted the CBA is in favor of management. The grievance and "arbitration" procedure for commissioner discipline contained in Article 46 is absurd, as there is no requirement that an appeal of discipline can be advanced to a neutral. You will not find that in any other private sector CBA.

So, in short, Goodell does not have to allow Brady to appeal to a true neutral. Assuming the Commissioner's designee upholds the discipline, Brady's recourse is federal court. And unless the court agrees to enjoin enforcement of the ruling pending its decision on the merits, Brady might have to serve a suspension before having his day in court.

The you will see a suit in federal court -- in Massachusetts.

As a practical matter, Goodell has to appoint a neutral here. There are non-frivolous accusations of misconduct by the NFL. Yee's statement was drafted that way for several reasons; this is one of them.

 

[sonofgodcf]

By the way, it's important to remember that the CBA does NOT provide the Union with the right to appeal commissioner discipline to a neutral. Under Article 46, the appeal goes to whomever the Commissioner appoints for a final ruling. Rice only got a neutral because Goodell decided to allow for one. Peterson had Harold Henderson's "arbitration" ruling vacated in federal court -- which is extremely difficult to accomplish, as Courts are generally highly deferential to the rulings of labor arbitrators.

One thing this highlights is how incredibly slanted the CBA is in favor of management. The grievance and "arbitration" procedure for commissioner discipline contained in Article 46 is absurd, as there is no requirement that an appeal of discipline can be advanced to a neutral. You will not find that in any other private sector CBA.

So, in short, Goodell does not have to allow Brady to appeal to a true neutral. Assuming the Commissioner's designee upholds the discipline, Brady's recourse is federal court. And unless the court agrees to enjoin enforcement of the ruling pending its decision on the merits, Brady might have to serve a suspension before having his day in court.

 
Does this mean that Goodell could hear the appeal himself, considering Troy Vincent is the one officially responsible for any punishment/sanctions?  That doesn't seem like it would bode well for the Pats.

 

[dcmissle]

As I said, you will see a federal court lawsuit.

Then all the shit will hit the fan in real time. If the League appoints a neutral, it has good reason to hope the proceedings will remain confidential until there is a decision.

You get into federal court, there is no way the judge will order pleadings filed under seal or exclude the public from the court room.

 

[Jimbodandy]

As I said, you will see a federal court lawsuit.

Then all the shit will hit the fan in real time. If the League appoints a neutral, it has good reason to hope the proceedings will remain confidential until there is a decision.

You get into federal court, there is no way the judge will order pleadings filed under seal or exclude the public from the court room.

 
No torches and pitchforks allowed in the front door either.  This sounds good actually.

 

[MarcSullivaFan]

The you will see a suit in federal court -- in Massachusetts.

As a practical matter, Goodell has to appoint a neutral here. There are non-frivolous accusations of misconduct by the NFL. Yee's statement was drafted that way for several reasons; this is one of them.

I think he'll probably appoint a neutral too, but I'm just pointing out that it's not a foregone conclusion.

 

[Otis Foster]

As I said, you will see a federal court lawsuit.

Then all the shit will hit the fan in real time. If the League appoints a neutral, it has good reason to hope the proceedings will remain confidential until there is a decision.

You get into federal court, there is no way the judge will order pleadings filed under seal or exclude the public from the court room.

 
This gets back to the core question: WTF is on that cell.
 
If he's holding out as a matter of principle, then there's the risk of a discovery abuse and sanctions. My jurisdiction at least has historically been death on them.That also risks poisoning the well on other issues.
 
If he's holding out because the request from Wells was too broad, and he won't modify it to protect TB's privacy, well that's what judge magistrates are for. That's also why I've been anxious to see TB ahead of the curve on  that issue. In conjunction with the other egregious errors and misstatements, that puts the NFL and the loathsome Goodell in the corner.  

 

[twothousandone]

Can't wait for the NFLPA to burn the NFL to the ground

Given their history of standing up to the owners and the commissioner?

 

[CaptainLaddie]

I'm not sure how I feel about Peter King being the voice of reason.
 
This might be the most disturbing moment of this whole saga.

Peter King, Donald Trump, Chris Christie, Curt Schilling.

Guh.

 

[jimbobim]

By the way, it's important to remember that the CBA does NOT provide the Union with the right to appeal commissioner discipline to a neutral. Under Article 46, the appeal goes to whomever the Commissioner appoints for a final ruling. Rice only got a neutral because Goodell decided to allow for one. Peterson had Harold Henderson's "arbitration" ruling vacated in federal court -- which is extremely difficult to accomplish, as Courts are generally highly deferential to the rulings of labor arbitrators.

One thing this highlights is how incredibly slanted the CBA is in favor of management. The grievance and "arbitration" procedure for commissioner discipline contained in Article 46 is absurd, as there is no requirement that an appeal of discipline can be advanced to a neutral. You will not find that in any other private sector CBA.

So, in short, Goodell does not have to allow Brady to appeal to a true neutral. Assuming the Commissioner's designee upholds the discipline, Brady's recourse is federal court. And unless the court agrees to enjoin enforcement of the ruling pending its decision on the merits, Brady might have to serve a suspension before having his day in court.

Brady must have the lawsuit ready to launch. Remember, much of this fervor is nonsense created by: excessive speculation and moral dooming by King's, Florio's, Kravitz, ESPN which  are media outlets also referred to in Wells Report but never explored further . King just backed himself into the corner of 1 to 2 game suspension that ,at best ,is reasonably  punishable by fine and draft pick on precedent. Appointing a neutral arbitrator to hear an appeal of any suspension would actually probably be a clean way of ending this debacle for Goodell. That's why suspension level punishment was  already leaked I would bet. 
 
Roger's real problem is what to say at the Presser and what of "rule change" they need to implement so there's not more Deflategate or Inflategate nonsense for all their QB's. Roger could bury the rule change and play up integrity nonsense which either serves the 31 rivals or plays "favorites" with Kraft. The favorites narrative is also not credible.