#DFG: Canceling the Noise

[Hoya81]

Schefter just tole Cowherd he thinks Kraft will announce he's accepting his penalties despite his innocence.
They had a long talk Saturday night at Sean McManus' Soho birthday party and hugged it out.

Someone should archive the Wells Report Context site before it goes down, if that's the case.

 

[yecul]

Kraft won't be suing the league over this. There is no good way to appeal. And the league already looks foolish enough.
 
I think in the end he will prefer to eat this and see Brady's punishment walked back (we'll see) than to bother with the rest.

 

[joe dokes]

Any lawyer who has represented a client who wished he had pursued or consummated a deal after it was too late -- after a judge/jury had ruled/rendered a verdict in both criminal and civil contexts -- knows first hand and rather unpleasantly that accepting a deal, and taking the decision out of the hands of a judge, jury or arbitrator, is often the best course of action.
 
And so does anyone who has ever been in that client position.
 
Similarly, out of court workouts/debt restructurings often get done for just the same reason.  Sometimes it's better to control the outcome rather than accept the risk that a third party might rule adversely, and to control costs and time spent on a possibly, though not assuredly, better resolution in court.

 
+1,000,000

 

[Super Nomario]

 
"Given the cost and uncertainty of the appeals process and potential litigation, the parties have agreed to resolve this case in a mutually agreeable manner...." 

Sure, Goodell might settle, but I don't see him just dropping 90% of the penalties when the Patriots have very little leverage.

 

[PseuFighter]

So, ten minutes until (maybe?) a resolution. I really hope at the very least the crap against Brady is tossed.

 

[Reverend]

Any lawyer who has represented a client who wished he had pursued or consummated a deal after it was too late -- after a judge/jury had ruled/rendered a verdict in both criminal and civil contexts -- knows first hand and rather unpleasantly that accepting a deal, and taking the decision out of the hands of a judge, jury or arbitrator, is often the best course of action.
 
And so does anyone who has ever been in that client position.
 
Similarly, out of court workouts/debt restructurings often get done for just the same reason.  Sometimes it's better to control the outcome rather than accept the risk that a third party might rule adversely, and to control costs and time spent on a possibly, though not assuredly, better resolution in court.

 
What incentive does Goodell have to cut a deal before the appeal, though, especially since he's the one who rules on the appeal? 

 

[TheoShmeo]

For those who want to watch and don't have TV access, the press conference is going to be on Patriots.com.

 

[TheoShmeo]

Rev, I wasn't saying that I think there will be a deal. 
 
I was responding to some posts to the effect that IF the Pats make a deal, it might suggest something about their innocence.

 

[moondog80]

 
What incentive does Goodell have to cut a deal before the appeal, though, especially since he's the one who rules on the appeal? 

 
I could say the same about Kraft.

 

[GregHarris]

Its anecdotal of course, but Lights example of "Goodell's justice" is outstanding.  Well worth the listen to.

 

[cshea]

I can't imagine Kraft went from angered and peeved, as King's interview stated, to "fine I'll take the punishment, let's kiss and make up" in less than 48 hours.

 

[dcmissle]

So this might be the most interesting press conference ever.

I have no idea what he'll say, what the parameters of a deal might be, if there is a deal, and so forth.

 

[joe dokes]

 
What incentive does Goodell have to cut a deal before the appeal, though, especially since he's the one who rules on the appeal? 

 
He leaves open the theoretical possibility that he would have been fair and open minded. Thus, "uncertainty."  (yeah, I know.....)

 

[Don Buddin's GS]

Patriots.com is getting ready for a BB press conference from Gillette?

 

[SeoulSoxFan]

For those who want to watch and don't have TV access, the press conference is going to be on Patriots.com.

 
Thanks TS. Here's the direct link:
 
http://www.patriots.com/video/live-press-conference

 

[AB in DC]

I put my money on "The NFL has agreed to test all footballs at halftime at every game next year, and we are confident that this evidence will exonerate the Patriots."
 
In other words -- no real news, just spin.

 

[JimBoSox9]

Patriots.com is getting ready for a BB press conference from Gillette?

 
That's just gotta be a stock headline, that's not the Gillette background

 

[joe dokes]

So this might be the most interesting press conference ever.

I have no idea what he'll say, what the parameters of a deal might be, if there is a deal, and so forth.

 
Not even an entertaining leak.

 

[Super Nomario]

I put my money on "The NFL has agreed to test all footballs at halftime at every game next year, and we are confident that this evidence will exonerate the Patriots."

This wouldn't necessarily exonerate the Patriots. The Wells report acknowledges the existence of the Ideal Gas Law but maintains that it does not explain the pressure drop the Patriots' footballs exhibited under the likeliest set of environmental circumstances. 

 

[RedOctober3829]

I wouldn't think anything of substance comes from this PC.  Wouldn't the commissioner be the one to announce a resolution?

 

[SeoulSoxFan]

Patriots to dock a 7th rounder in 2016.
 
Goodell to become the new Commissioner of the CFL. 
 
Wells to shave off his mustache and never to grow one back.
 
Win. Win. Win.

 

[Ed Hillel]

I'm going with what I said earlier. Kraft will accept the penalties, at least for now, but the league has agreed to check footballs at halftime, and they'll be published.  Hell, throw it on the app. Live football measurements! This doesn't even need to be brought back to the AFCCG, and whether the Pats actually had pressure removed, but the fact that these footballs will routinely be 1+ PSI below in bad weather should be enough of a PR boon. Maybe as their concession, the league will agree to have an independent arbitrator hear Brady's appeal.

 

[MarcSullivaFan]

This wouldn't necessarily exonerate the Patriots. The Wells report acknowledges the existence of the Ideal Gas Law but maintains that it does not explain the pressure drop the Patriots' footballs exhibited under the likeliest set of environmental circumstances. 

Exactly. IGL and tampering: Not mutually exclusive. Incomplete data from AFCGG=never going to have a definitive answer.

 

[tim mccarver]

I got a bad feeling

 

[PedroKsBambino]

I'm saying going through a quixotic fight with the NFL in court in violation of its bylaws can come with consequences and it's a helluva lot easier for is to sit here and say "exoneration or die fighting" than is is for Kraft to actually make that decision.

 
Completely agree.  The only 'business' (e.g. non-emotional) reasons to litigate for Kraft are 1) the Pats brand and 2) the potential risks of the NFL's 'repeat offender' theory.  All other reasons to litigate are primarily about emotion, I think.
 
Now, emotion is a real thing and Kraft has to decide the best way to manage not only his, but that of BB, Brady, and the fans.  But if you were to ask really experienced lawyers, they'd tell you that unless the two reasons above are actually worth millions of dollars of litigation costs and significant risk to Kraft's standing, and the ongoing distraction to the team, that you should cut the best deal you can and make this go away.
 
To me, the reason to file the appeal and threaten to litigate is to get the best deal you can from league.  It is not because you think you can succeed in (or want to seriously pursue for long-term) the litigation itself.

 

[cshea]

I'm a bit nervous. Feels like right before the Mona Lisa Vito press conference!

 

[wiffleballhero]

I wouldn't think anything of substance comes from this PC.  Wouldn't the commissioner be the one to announce a resolution?

Unless Kraft says uncle.

 

[ragnarok725]

Whoever it was that said this has been worse than they thought each time there's been news is right. I'm expecting him to accept the terms begrudgingly with no deal, and the Brady appeal to continue on its own course. I can't see the NFL admitting a mistake via any kind of deal.

 

[MarcSullivaFan]

This is going to be entirely unsatisfying.

 

[soxhop411]

Around The NFL ‏@AroundTheNFL  5s5 seconds ago
. @Rapsheet mentions precedence of Big Ben suspension under Goodell. After meeting with Commissioner, suspension reduced w conditions.

 

[Don Buddin's GS]

That's just gotta be a stock headline, that's not the Gillette background

They fixed it

 

[( . ) ( . ) and (_!_)]

I'm predicting Tony Stark end of Iron Man.... Kraft goes out there and plans on following the script that he accepts the penalties, but then thinks better of it and drops the hammer.

 

[PseuFighter]

ok. it's 1pm. what time will this actually begin?

 

[DJnVa]

I can't see Kraft calling a PC to just take the punishment.

About to find out...

 

[MarcSullivaFan]

If it was a reduction, the league would announce it. Not Kraft.

 

[Ed Hillel]

Exactly. IGL and tampering: Not mutually exclusive. Incomplete data from AFCGG=never going to have a definitive answer.

 
We're dealing with people who couldn't be bothered to read the Wells Report in the first place. Releasing numbers demonstrating significant drops of PSI in cold weather is a perfectly fine PR resolution.

 

[Morgan's Magic Snowplow]

I'm guessing "We maintain our innocence and fully support Tom Brady but its time to move on."
 

 

[Average Reds]

So this might be the most interesting press conference ever.

I have no idea what he'll say, what the parameters of a deal might be, if there is a deal, and so forth.

 
If Kraft is indeed just dropping any pretense at appealing (which I won't argue with, as I've been saying all along that it didn't make sense for him to go full Al Davis) then it's not a deal, it's capitulating to reality.
 
If that's what happened here, then the NFL just owned Kraft by leaking that they were negotiating a deal. 

 

[ragnarok725]

I'm guessing "We maintain our innocence and fully support Tom Brady but its time to move on."
 

 
Yup. God that would be frustrating.

 

[MarcSullivaFan]

I'm guessing "We maintain our innocence and fully support Tom Brady but its time to move on."
 

Agreed. Hope I'm wrong.

 

[wiffleballhero]

Maybe he'll announce a new partnership with Nerf. 

 

[tims4wins]

Didn't Kraft's first press conference the Saturday after the AFCCG start like 30 mins late? Ugh this is interminable
 
Edit: actually I think it was BB who had the Saturday one

 

[PedroKsBambino]

I'm guessing "We maintain our innocence and fully support Tom Brady but its time to move on."
 

 
Definitely possible.  Though I think he'd do that only if he got pressure from somewhere (which might be other others, there being actual evidence, or something else)

 

[swiftaw]

Waiting for the press conference on NFLN, just heard someone say that this season is the golden anniversary of the SuperBowl.  No, it's not, it's the season of the 50th SuperBowl, but it'll only be the 49th anniversary of the first one. 

 

[SuperManny]

I'm guessing "We maintain our innocence and fully support Tom Brady but its time to move on."
 

 
Would there be a point of holding a press conference for it instead of releasing a statement though?

 

[Section15Box113]

So, options:
 
(a) Kraft backs down.  Accepts punishment while maintaining innocence "for the good of the league."  Board explodes.
 
(b) Kraft backs down.  Accepts punishment.  Board explodes.
 
(c) Kraft doubles down.  Full on fight coming.  Board explodes.
 
(d) Kraft makes statement maintaining innocence, but no resolution.  We keep talking.
 
(e) Kraft announces framework reached for compromise, based on conversations with Goodell.  Board explodes.
 
Could be any of the above, though likely not (e) since I'd think Goodell is on podium for that.
 
Other options I've missed?
 
 
Edit: Kraft has entered the building.

 

[CaptainLaddie]

Nip hates megathreads.

 

[ivanvamp]

I don't understand the purpose of this press conference if the Patriots are just going to accept the penalty.  There has to be SOMETHING going down, right?

 

[tims4wins]

So, options:
 
(a) Kraft backs down.  Accepts punishment while maintaining innocence "for the good of the league."  Board explodes.
 
(b) Kraft backs down.  Accepts punishment.  Board explodes.
 
(c) Kraft doubles down.  Full on fight coming.  Board explodes.
 
(d) Kraft makes statement maintaining innocence, but no resolution.  We keep talking.
 
(e) Kraft announces framework reached for compromise, based on conversations with Goodell.  Board explodes.
 
Could be any of the above, though likely not (e) since I'd think Goodell is on podium for that.
 
Other options I've missed?

 
Sox trade for Hamels, board explodes

 

[MarcSullivaFan]

 
Would there be a point of holding a press conference for it instead of releasing a statement though?

To profess their innocence one last time.