#DFG: Canceling the Noise

[Corsi]

Stephen Brown ‏@PPVSRB  22s23 seconds agoManhattan, NY
Berman then adds: "Would be hard to imagine a QB…(not knowing a ball is deflated). He’s the one who throws the ball."
 
Stephen Brown ‏@PPVSRB  7s7 seconds agoManhattan, NY
Berman continues pressing for direct evidence.

 

[Stitch01]

 
There is absolutely zero reason sophisticated parties would ever construe 'there is risk to both sides' to mean 'we should settle in exactly the middle'
Literally, no basis.

Yeah, he could be signaling "NFL, settle this so I don't have to embarrass you. NFLPA, this isn't a slam dunk case so if the NFL wants to settle with a fine to avoid me ruling and you don't take it Im not going to be happy"

 

[loshjott]

 
Stephen Brown ‏@PPVSRB  41s41 seconds ago Manhattan, NY
Berman: I’m trying to figure out what is the direct evidence that implicates Mr. Brady in that deflation…in that bathroom…on Jan. 18
 

 
Alleged deflation...in that bathroom.

 

[wutang112878]

 
Stephen Brown ‏@PPVSRB  41s41 seconds ago Manhattan, NY
Berman: I’m trying to figure out what is the direct evidence that implicates Mr. Brady in that deflation…in that bathroom…on Jan. 18
 

 
It really sounds like Berman is strongly hinting that the NFL has a weak case.  Although once they turn to Brady and Kessler I'm afraid we might have some similarly pointed questions.

 

[BrazilianSoxFan]

 
Just a reminder how dumb this whole thing is. Wilson says the balls are at an optimum when psi is set to 12.5 to 13.5, so that's what the NFL puts in the rules. Anything over or under that doesn't give a competitive advantage; according to Wilson, it is a competitive disadvantage. If the psi in the balls was 0.0 then the Pats might have won like 140-0, right?
 
Edit: the "reminder" to me was seeing the deflated ball hats - yup, what an advantage it would be to use balls inflated to that level!

 
Don't forget that Wilson also said that their balls are immune to the ideal gas law...
 

 
“Not going to say,” Jenkins said when asked what he thought about Belichick’s explanation before immediately relenting with a laugh. “That’s BS. That’s BS, man.”
 
So, how would it happen? Jenkins, who freely admitted he’s a Browns fan from Cleveland, where Belichick isn’t all that highly-regarded to this day, shook his head.
 
“Only the New England Patriots know.”

 
http://www.boston.com/sports/columnists/wilbur/2015/01/thats_bs_-_wilson_doesnt_seem_to_buy_belichicks_sc.html

 

[Leather]

Well, usually a "I see strengths and weaknesses" is a "split down the middle" suggestion, but sounds like there is more to come. Let's get the totality of it.

 
2 games isn't a split down the middle.  It's a huge win for the NFL.

 

[soxhop411]

 
Stephen Brown ‏@PPVSRB  nowManhattan, NY
Berman: Turns out Mr. Brady did better with higher inflated balls than underinflated balls. You might say he got no competitive advantage
 

 good for Tom

 

[Corsi]

Stephen Brown ‏@PPVSRB  4s4 seconds agoMassapequa Park, NY
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."
 
Stephen Brown ‏@PPVSRB  20s20 seconds agoMassapequa Park, NY
Nash: But other evidence "clearly indicates Mr. Brady’s knowledge and encouragement of this activity." Such as texts after game

 

[RetractableRoof]

I'm reluctant to jump on the Brady wins bandwagon. I've thought most likely result is Judge rips NFL a new one, all but declares Brady innocent and then upholds the NFL on arbitrator deference.

 

[Bellhorn]

I voted "Something else", because as I understand it, he does not have the authority to determine the precise nature of the revised "award", only to vacate the current one and remand back to the league for a redo.  I do think he will rule in favor of the NFLPA, but maybe that's just because I don't know anything about labor law, and am therefore applying a filter of common sense.
 
How is "splitting the baby" even on the table here?  If the judge has to rule, isn't it a binary outcome?

 

[jsinger121]

 

Stephen BrownVerified account‏@PPVSRB

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."
 

 

[Ed Hillel]

Seems strange he's going this far into the facts of the case.

 

[Corsi]

bulllllllllshit

 

[Stitch01]

These sound good for Tom but, AIANAL, it seems like the judge can decide the case without actually opining on these issues if he so chooses.

Will be interesting to see if he focuses on spoliation more than anything when he gets to Brady/Kessler.

Seems he really wants both parties to take it out of his hands and is trying to impress upon the NFL that their case rests on absolute bullshit

 

[Leather]

 
It really sounds like Berman is strongly hinting that the NFL has a weak case.  Although once they turn to Brady and Kessler I'm afraid we might have some similarly pointed questions.

 
If you read the transcripts of Supreme Court arguments, the judges sometimes probe areas they are already sure about but want to clarify.    
 
It's a fool's errand to read too much into his questioning.  

 

[CaptainLaddie]

Stephen Brown @PPVSRB
Nash: But other evidence "clearly indicates Mr. Brady’s knowledge and encouragement of this activity." Such as texts after game

 

[Norm loves Vera]

 



I know Corsi is posting some of his posts.. but this guy is tweeting a play by play of the court proceedings.. not sure if he has a bias.. but it is live



 

Stephen BrownVerified account ‏@PPVSRB

 

[CaptainLaddie]

Stephen Brown @PPVSRB

Nash: "The phone was destroyed. A factfinder, in this case Mr Goodell, it’s clearly reasonable to infer is further evidence of culpability"
 
 
EXCEPT THAT WELLS SAID HE DIDNT NEED THE FUCKING PHONE, DUMMY

 

[Harry Hooper]

I'm reluctant to jump on the Brady wins bandwagon. I've thought most likely result is Judge rips NFL a new one, all but declares Brady innocent and then upholds the NFL on arbitrator deference.

 
You could well be right.

 

[Saints Rest]

Is there any place on TV or online to watch this?  How are these reporters tweeting out actual words from Berman's mouth?  What did i miss?

 

[JerBear]

Aren't the options uphold the suspension or remand to the NFL with direction?

 

[Joe D Reid]

I think Berman thinks that this whole case is childish. So if forced to rule, Berman will vacate the punishment on the ground that the NFL was unclear about exactly which policy was at issue in the various stages of the process and remand back to the NFL for a do-over. Rather than go through this all again, the parties will reach an agreement, which is what Berman thinks should happen anyway.

 

[Corsi]

Stephen Brown ‏@PPVSRB  15s15 seconds agoMassapequa Park, NY
Berman: I don't know what to make of that finding Tom Brady was at least generally aware of the activities of" Mcnally, Jastremski.

 

[Stitch01]

Berman says civil cases of this nature typically last 2 years. "I think its safe to say nobody here wants to wait that long." #DeflateGate

Thought that quote was interesting as well. "Don't want to settle? Well maybe that ruling wont be so expedited after all, either side want this hanging over their head all season?"

 

[CaptainLaddie]

Is there any place on TV or online to watch this?  How are these reporters tweeting out actual words from Berman's mouth?  What did i miss?

He's in the courtroom.

 

[RedOctober3829]

 

Michael McCann ‏@McCannSportsLaw  42s42 seconds ago
Judge Berman seems to be saying, I get that the legal Q is about process, but you need to convince me Brady actually did something wrong.
 

 

[Jed Zeppelin]

Trying not to get too up or down based on this trickle of info given the BS that has occurred up to this point, but it's encouraging that he's pressing the evidence issue hard before we even really get to the absurd procedural issues.

 

[Omar's Wacky Neighbor]

I voted "Something else", because as I understand it, he does not have the authority to determine the precise nature of the revised "award", only to vacate the current one and remand back to the league for a redo.  I do think he will rule in favor of the NFLPA, but maybe that's just because I don't know anything about labor law, and am therefore applying a filter of common sense.
 
How is "splitting the baby" even on the table here?  If the judge has to rule, isn't it a binary outcome?

That;'s what I thought.  Any "splitting", while maybe strongly "encouraged" by Berman, would have to be under the guise of a settlement.

 

[Corsi]

Live look at Nash:
 

 

[Otis Foster]

 
Stephen Brown ‏@PPVSRB  15s15 seconds agoMassapequa Park, NY
Berman: I don't know what to make of that finding Tom Brady was at least generally aware of the activities of" Mcnally, Jastremski.
 

 
For someone who might defer to the award, he's spending a lot of time examining details.
 
I wonder if he's inclined to find non-neutrality based on the horrible fact-finding.

 

[RedOctober3829]

 

Stephen Brown ‏@PPVSRB  2m2 minutes agoMassapequa Park, NY
Berman: I don't know what to make of that finding Tom Brady was at least generally aware of the activities of" Mcnally, Jastremski.
 

 

[rodderick]

I find it curious that from the transcripts provided it seems Berman is more interested in the facts surrounding the punishment than the process, thus far. 

 

[Corsi]

Stephen Brown ‏@PPVSRB  15s16 seconds agoMassapequa Park, NY
@PPVSRB Nash: Brady's explanations were "not worthy of belief, and Mr Brady’s failure to cooperate, leads to inference of his involvement."

 

[loshjott]

Berman says civil cases of this nature typically last 2 years. "I think its safe to say nobody here wants to wait that long." #DeflateGate

Thought that quote was interesting as well. "Don't want to settle? Well maybe that ruling wont be so expedited after all, either side want this hanging over their head all season?"

 
That would be much worse for Brady. He'd serve the full suspension.

 

[Myt1]

I'm just generally terrified of most things.

This is awesome.

 

[soxhop411]

 
Stephen Brown ‏@PPVSRB  15s15 seconds agoMassapequa Park, NY
Berman: I don't know what to make of that finding Tom Brady was at least generally aware of the activities of" Mcnally, Jastremski.
 

this is good

 

[Jed Zeppelin]

 
Stephen Brown ‏@PPVSRB  15s16 seconds agoMassapequa Park, NY
@PPVSRB Nash: Brady's explanations were "not worthy of belief, and Mr Brady’s failure to cooperate, leads to inference of his involvement."
 

 
So, this Nash guy is a real dickhead.

 

[Stitch01]

That would be much worse for Brady. He'd serve the full suspension.

Im assuming the judge could stay it pending his ruling.

 

[Ed Hillel]

I find it curious that from the transcripts provided it seems Berman is more interested in the facts surrounding the punishment than the process, thus far. 

I'm with you. This line of questioning is a really good sign, as I see it. Judges are human, after all.

 

[Saints Rest]

Trying not to get too up or down based on this trickle of info given the BS that has occurred up to this point, but it's encouraging that he's pressing the evidence issue hard before we even really get to the absurd procedural issues.

I won't get too excited about the grilling of Nash (and by extension the NFL's case) until we see how Berman treats Brady's side.

 

[CaptainLaddie]

This is awesome.

I'm tall, Jewish, and skittish.

 

[snowmanny]

So he is looking at the acual case against Brady rather than just the CBA.

 

[Corsi]

Stephen Brown ‏@PPVSRB  53s54 seconds agoMassapequa Park, NY
Nash: "Under the legal standard you could not possibily say the conclusion in the commissioner's decision doesn’t have a basis in" CBA.
 
Stephen Brown ‏@PPVSRB  38s39 seconds agoMassapequa Park, NY
Berman: "No, I'm not saying that."

 

[Corsi]

Stephen Brown ‏@PPVSRB  17s17 seconds agoMassapequa Park, NY
BERMAN: "Somebody deflated the balls, but it didn’t help Mr. Brady. Does that matter?"
 
Stephen Brown ‏@PPVSRB  19s19 seconds agoMassapequa Park, NY
Nash: "What matters is the commissioner’s thought on that. His judgement."

 

[twothousandone]

It really sounds like Berman is strongly hinting that the NFL has a weak case.  Although once they turn to Brady and Kessler I'm afraid we might have some similarly pointed questions.

From the legal thread (SoxHop posted it)

“@MikeGarafolo: 4 allegations of Brady suit

1. No advance notice of punishment

2. Not fair and consistent punishment

3. Unfair appeal

4. Goodell partial”


Over there, people have made it clear judges have flexibility. But it doesn't seem that Brady's case was based on the lack of evidence in the bathroom. Maybe that gets to Goodell partial, but that's not certain.

If he wants a settlement, it doesn't surprise me at all that he points to the weaknesses for each side. The NFL's main weakness has been the flawed investigation. NFLPAs weakness is that it agreed to the CBA.

 

[CaptainLaddie]

Stephen Brown @PPVSRB

BERMAN: "Somebody deflated the balls, but it didn’t help Mr. Brady. Does that matter?"
 
This makes me a little nervous. No one deflated the balls. Nature did.

 

[Leather]

So he is looking at the acual case against Brady rather than just the CBA.

 
Or maybe he's doing this now because he knows he can't make rulings on the facts behind the punishment later, and is trying to get the NFL to be just.

 

[loshjott]

I won't get too excited about the grilling of Nash (and by extension the NFL's case) until we see how Berman treats Brady's side.

 
I'm hoping for something like this:
 
"So Mr. Brady, remember that time you shredded the Seahawks defense in the 4th quarter of the Super Bowl?  That was awesome!"

 

[Stitch01]

 
So, this Nash guy is a real dickhead.

Meh, he has to argue his side's case and the legal team clearly decided "well, we don't know what Brady did, but we're 50.1% sure he was generally aware of something that happened so we suspended him" wasn't going to fly in court before Goodell issued his appeal ruling.

I think dcmissle's point that right now the judge's client is a settlement is spot on and we should be looking at these lines of questioning through the prism of Judge Berman trying to do whatever he can to push a settlement.

 

[Ed Hillel]

I won't get too excited about the grilling of Nash (and by extension the NFL's case) until we see how Berman treats Brady's side.

True, but why even go there to begin with? That he's looking at the facts of the case is encouraging.