#DFG: Canceling the Noise

Is there any level of suspension that you would advise Tom to accept?


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    208

Otis Foster

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Nash is earning his salary today. Kessler's night in the barrel is on deck.
 
This gets the juices running, even for a transactional lawyer
 

rodderick

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Corsi said:
 
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."
 
 
"Failure to cooperate" realy grinds my fucking gears. I'd understand that if Brady had given them nothing, but he was questioned extensively, answered every question, made his emails available, contacted his phone company to see if they could get the transcripts of his text messages, produced the recipients of the texts from his previous phone, so Goodell could have the content through them. I mean, I guess Brady didn't comply 100% with every single piece of info the NFL wanted to get its hands on, but Jesus.
 

Jed Zeppelin

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Whatever happens, it's really sad that science is and continues to be the big loser throughout all of this. Sounds like the judge didn't even really consider that part of it at all. Which is fine, but it sucks. Fuck Bill Nye.
 

TheoShmeo

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Berman is doing exactly what Judges do at settlement conferences when they want a settlement.  Says both sides have merit, grills one side, grills the other and encourages settlement, sometimes by talking to each individually in chambers.
 

Harry Hooper

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Corsi said:
 
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."
 
 
Again, there's some room for debate about interpreting the texts of the Dorito Dinks, but "not worthy of belief" regarding Brady? What is there evidence-wise other than the John Madden-type view that no one would mess with a football without the QB's approval? The NFL puts out there that balls are 2 lbs. PSI down, and then Brady exchanges messages about what happened to the footballs = guilty.
 

Stitch01

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Jed Zeppelin said:
Whatever happens, it's really sad that science is and continues to be the big loser throughout all of this. Sounds like the judge didn't even really consider that part of it at all. Which is fine, but it sucks. Fuck Bill Nye.
I didn't read that as the judge taking the deflation of footballs as a given as much as him saying "even if the balls were deflated, xyz"
 

rodderick

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Ed Hillel said:
 
I take that as meaning "for the sake of argument, let's say somebody did deflate those footballs. Even in that scenario, that doesn't provide any competitive advantage, so why come down so hard on Brady?". I don't see that as him coming to a conclusion that deflation was a result of human intervention.
 

moondog80

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CaptainLaddie said:
 
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.

 
 
 
Is he conceding that point or is this more a "for the sake of argument" statement?
 

DaughtersofDougMirabelli

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Stitch01 said:
I didn't read that as the judge taking the deflation of footballs as a given as much as him saying "even if the balls were deflated, xyz"
 
Tone of voice would be really important here. Tough to tell how exactly he meant it. 
 

H78

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Stitch01 said:
I didn't read that as the judge taking the deflation of footballs as a given as much as him saying "even if the balls were deflated, xyz"
 
Agreed. I read it the same way. "Even if the balls WERE deflated, show me what direct evidence you have that Brady had anything to do with it."
 
It sounds like he separating the idea that footballs were deflated with the idea that Tom Brady must have been involved. He may think the Patriots, as an organization, are guilty of breaking a rule, but not necessarily Tom Brady.
 

Jed Zeppelin

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Stitch01 said:
I didn't read that as the judge taking the deflation of footballs as a given as much as him saying "even if the balls were deflated, xyz"
 
True, trying to interpret secondhand tweets. Missed opportunity, daytime ratings-wise, not to live stream this and save us the trouble.
 

DennyDoyle'sBoil

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We might not like everything he says, but it's nice to have a fucking neutral person finally looking at this.
 
The best comment, to me, is the two years comment.  He's clearly got enough questions that I think he'd enter a stay, and two years means he's thinking about discovery.
 

Harry Hooper

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rodderick said:
 
I take that as meaning "for the sake of argument, let's say somebody did deflate those footballs. Even in that scenario, that doesn't provide any competitive advantage, so why come down so hard on Brady?". I don't see that as him coming to a conclusion that deflation was a result of human intervention.
 
Yeah, the judge may be conceding that point to the NFL with the idea of enlightening them that the rest of their work is lacking = you should work on settling.
 

rodderick

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H78 said:
 
Agreed. I read it the same way. "Even if the balls WERE deflated, show me what direct evidence you have that Brady had anything to do with it."
 
It sounds like he separating the idea that footballs were deflated with the idea that Tom Brady must have been involved. He may think the Patriots, as an organization, are guilty of breaking a rule, but not necessarily Tom Brady.
 
Which I'll take at this point, to be honest. The Patriots aren't getting those draft picks back, even is somehow Berman incorporates a full statement of exoneration of guilt in his sentence, so as long as Brady gets out of this without a suspension I'm fine. 
 

Jed Zeppelin

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If Berman doesn't buy the texts, well...that's the case.
 
edit: I do understand that he's trying to push the envelope here but he certainly doesn't sound like someone buying the BS sold by the league.
 

Otis Foster

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I can't believe I'm going to have to begin reading the Daily News. I stopped buying it when they eliminated the escort ads.
 

jacklamabe65

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Berman is punch-bagging the NFL via Stephen Brown, court-reporter. 
 
"On March 2, 1962, Wilt Chamberlain scored 100 pts...not an anniversary per se, just reminded me of Judge Berman vs the NFL..." - Matt Chatham, 2 minutes ago
 

Harry Hooper

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DennyDoyle'sBoil said:
We might not like everything he says, but it's nice to have a fucking neutral person finally looking at this.
 
The best comment, to me, is the two years comment.  He's clearly got enough questions that I think he'd enter a stay, and two years means he's thinking about discovery.
 
 
Maybe just posturing to get the NFL to be reasonable? It's probably the best tool the judge has right now.
 

simplyeric

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PedroKsBambino said:
 
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.
 
And two games isn't "the middle" anyway.
 

wutang112878

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Jed Zeppelin said:
If Berman doesn't buy the texts, well...that's the case.
 
Not if he rules that the Comish can do whatever he want and isnt held to the standards of proof used in court because of the CBA.  Nash did get him to admit that the CBA did provide basis for this
 

TSC

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Jesus Christ. Do we really need three people posting the same fucking tweet?

This is the only reason corsi exists. Let him do it so he doesn't off himself in a fit of impotent rage.
 

doc

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slamminsammya said:
Can Brady "accept" the Wells report by saying "Yes, based on the evidence here it is more probable than not that I was at least generally aware. Having said that, I know that I did nothing wrong. No contradiction here!"
Not unless he was generally aware of the ideal gas law.
 

Joe D Reid

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NFL is getting grilled on the facts; expect the PA to get grilled on the law, specifically the deference due to arbitral decisions.
 

Corsi

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TheShynessClinic said:
Jesus Christ. Do we really need three people posting the same fucking tweet?

This is the only reason corsi exists. Let him do it so he doesn't off himself in a fit of impotent rage.
 hi
 

dcmissle

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Caution to voters -- no 3, baby splitting, is not really something a judge can do it a case like this. It would put him on a rocket sled to reversal if either party chose to appeal. Theoretically, I guess, he could do it and the parties could choose to live with it. But highly doubtful.

Don't waste your vote.
 

DennyDoyle'sBoil

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Harry Hooper said:
 
 
Maybe just posturing to get the NFL to be reasonable? It's probably the best tool the judge has right now.
 
Viewed in what appears to the be the context provided by the tweets, the message he was communicating was essentially:  This seems really important to you fuckers, and I know everyone is all excited about this case and what it all means, but I'm a federal district court judge.  We hear motions to confirm or reject arbitration awards all the time.  All in a day's work.  This how they go . . . .  This is not a message you want to hear if you're the NFL and you're coming in appealing to discretion and limited judicial authority.  He may be trying to twist arms, but this is a twist of the NFL's arms, not Brady's.
 

glennhoffmania

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TheShynessClinic said:
Jesus Christ. Do we really need three people posting the same fucking tweet?

This is the only reason corsi exists. Let him do it so he doesn't off himself in a fit of impotent rage.
 
Seriously.  Soxhop is getting owned today.