#DFG: Canceling the Noise

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


  • Total voters
    208

The Big Red Kahuna

Well-Known Member
Lifetime Member
SoSH Member
Aug 14, 2003
3,564
If you feel the need to preface a post with "Interesting Thought" or "Not sure if this has been asked/brought up before" or "Defam...", then a good rule of thumb is: Delete your post and then go smash your head against a curb. 
 

dcmissle

Deflatigator
Lifetime Member
SoSH Member
Aug 4, 2005
28,269
ifmanis5 said:
:lol:
 
Skip that meeting. DO. YOUR. JOB.
Beware of mediots who screw up reporting by failing to grasp that you actually have to read enough of the opinion to accurately convey it.

"Affirmed" obviously means one thing, though it could be coated with hot sauce.

"Vacated" could range from an almost pyrrhic victory to a slam dunk win.

Read don't rely.
 

Average Reds

Member
SoSH Member
Sep 24, 2007
35,441
Southwestern CT
Van Everyman said:
I think that one of the more depressing elements of this whole affair is that the NFL simply does not care a whit whether it loses these cases – agree with him or not, Doty's recent comment wondering whether RG even believes there IS a CBA suggests as much. Which is to say, when the NFL has an agenda—to seem tough on domestic violence, etc.—there is no backing down. They will pursue this agenda until the last judge available renders his or her opinion.

The question from the beginning with this situation is: what even IS the agenda? The NFL will say it's something like "fair play" or "the integrity of the game." But virtually all of the journalists covering this, pro and con, have written that it's more about knocking the Patriots and their "culture of cheating" down a peg or two. Which is crazy enough on its own, but doubly so when you realize they are going about it by chasing down the team's best player and possibly the greatest QB in the history of the League for possibly driving with a busted tail light.

All of which is to say, the League meetings this offseason—or at least the dynamics there—must have been fascinating. Because if I'm an equity partner in this enterprise with no competitive horse in this race, I almost certainly have been looking at this entire ordeal with a mixture of bewilderment and horror that these are the people I'm in business with.

Please, Berman: put us out of our misery.
 
That's a pretty bold statement.  Care to back it up with a link or two? 
 
Should be easy considering that you are citing "virtually every journalist covering this."
 

WayBackVazquez

white knight against high school nookie
SoSH Member
Aug 23, 2006
8,294
Los Angeles
Ed Hillel said:
Brady probably wasn't going to accept a suspension before, he certainly would not after a court victory. He'd probably accept a menial fine to just make it go away, but depending on the exact ruling, even that may not make sense. It becomes more of an NFLPA issue/discussion with Brady about costs and benefits over legal fees.
Legal fees are relatively insignificant and would not be a real consideration for a party like the NFLPA at this point after a victory. All the research has been done, all the letter writing, witness prep, expert work and prep for and participation in Goodell's Kangaroo Court, the briefing in Minnesota and New York, multiple hearings, multiple settlement conferences...cost a pretty penny.

If he wins here, we're talking one opposition brief (with nearly all the research already done), one argument, and maybe a 28j letter when the Peterson ruling comes out. It's a drop in the bucket.
 

j44thor

Member
SoSH Member
Aug 1, 2006
11,161
dcmissle said:
So let's game this. If the NFL gets over the Berman hump, no way does it settle for less than an abject apology and Tom Brady's first born (in a Giants' or Steelers' uniform). And if the NFLPA and Brady win, why would they settle? For a fine? No way the NFL would go along with that.
Well they have acknowledged wrong doing in the investigation with regards to not cooperating fully so some penalty is certainly expected at some point.
Given the choice between sitting one game at more or less your choosing and accepting no blame outside of not cooperating to the fullest extent possible in the investigation versus a crap shoot that you may end up with just a small fine, very small possibility that you are completely exonerated or worst case a reversal on appeal and you end up missing 4 games in November/December I'd think long and hard about hedging my bets and getting this over with.
 

OCST

Sunny von Bulow
SoSH Member
Jan 10, 2004
24,578
The 718
DrewDawg said:
If it's written, which seems the consensus, why would he wait?
 
He does have other cases.  He could have other things to tend to, despite this matter being the only thing of importance in the known universe.
 

WayBackVazquez

white knight against high school nookie
SoSH Member
Aug 23, 2006
8,294
Los Angeles
j44thor said:
Well they have acknowledged wrong doing in the investigation with regards to not cooperating fully so some penalty is certainly expected at some point.
Given the choice between sitting one game at more or less your choosing and accepting no blame outside of not cooperating to the fullest extent possible in the investigation versus a crap shoot that you may end up with just a small fine, very small possibility that you are completely exonerated or worst case a reversal on appeal and you end up missing 4 games in November/December I'd think long and hard about hedging my bets and getting this over with.
An appeal is not getting decided by November or December.
 

TheoShmeo

Skrub's sympathy case
Lifetime Member
SoSH Member
Jul 19, 2005
12,890
Boston, NY
Agreed re the $$ post, WBV, but even if the incremental legal fees and costs were substantial, they would not be an issue given the stakes here.  Not that I think you disagree.
 

DJnVa

Dorito Dawg
SoSH Member
Dec 16, 2010
54,267
OilCanShotTupac said:
 
He does have other cases.  He could have other things to tend to, despite this matter being the only thing of importance in the known universe.
 
I said "if it's written", which means, to me, that he's done and just has to submit it.
 
If I'm missing something, tell me.
 
 

dcmissle

Deflatigator
Lifetime Member
SoSH Member
Aug 4, 2005
28,269
WayBackVazquez said:
An appeal is not getting decided by November or December.
Can we pin this? Because this sports writer's nightmare scenario is like Glenn Close in the bathtub.

As you note, this almost certainly is not happening.

People want to worry about something along these lines, worry about a remand to Goodell on procedural grounds only, which would allow him to create mischief this season by having another hearing and so forth. And that's probably not happening too.
 

joe dokes

Member
SoSH Member
Jul 18, 2005
30,677
So let's game this. If the NFL gets over the Berman hump, no way does it settle for less than an abject apology and Tom Brady's first born (in a Giants' or Steelers' uniform). And if the NFLPA and Brady win, why would they settle? For a fine? No way the NFL would go along with that. 
 
         
I agree its highly unlikely.  I was responding to what I thought was a question about whether it was permissible for parties to negotiate after a decision.
 

DennyDoyle'sBoil

Found no thrill on Blueberry Hill
SoSH Member
Sep 9, 2008
43,201
AZ
joe dokes said:
         
I agree its highly unlikely.  I was responding to what I thought was a question about whether it was permissible for parties to negotiate after a decision.
 
You can always reach a settlement.  It's just a regular contract, where one (or both) side(s) agree(s) to stop suing.
 

TheoShmeo

Skrub's sympathy case
Lifetime Member
SoSH Member
Jul 19, 2005
12,890
Boston, NY
Mea Culpa if this was discussed in the thread yesterday but Gary Myers' points on WEEI yesterday were interesting.  Myers writes for the NY Daily News. 
 
He said that, after having written a book about Brady and Manning, he has a good sense of Tom.  And that he knows that Tom and his father have a very close relationship.  And that he thinks Tom would not lie to his Dad (among other close relationships who Myers spoke with).  And that Tom denies all wrong doing to his Dad.
 
This interested me because a friend knows Tom and his Dad, and spent time with Tom's Dad at the Super Bowl, and said almost exactly the same thing.
 
Not that Tom's guilt or innocence is the issue now.  We're on to Berman.  
 

Otis Foster

rex ryan's podiatrist
SoSH Member
Jul 18, 2005
1,713
Remember to cast your votes in the Lawyers Chops thread for the closest guess once Berman's order is released.
 
(Popped out of the meeting - told them I needed a bathroom break.)
 

OCST

Sunny von Bulow
SoSH Member
Jan 10, 2004
24,578
The 718
DrewDawg said:
 
I said "if it's written", which means, to me, that he's done and just has to submit it.
 
If I'm missing something, tell me.
 
 
A very likely scenario is that it's 99% "done," but needs to be updated with whatever changes Berman deems necessary after yesterday's hearing; minor edits made; citations checked; proofread one last time; printed, signed, scanned, and uploaded - all of the minor stuff that Berman's staff would not necessarily have done in advance of yesterday's hearing, lest something happened that required rework, or obviated the whole thing.
 

Leather

given himself a skunk spot
SoSH Member
Jul 18, 2005
28,451
Old Fart Tree said:
Not sure if anyone's asked this but do you think Brady's gonna win?
 
Interesting thought:
 
What if he doesn't?
 
 

Average Reds

Member
SoSH Member
Sep 24, 2007
35,441
Southwestern CT
TheoShmeo said:
Mea Culpa if this was discussed in the thread yesterday but Gary Myers' points on WEEI yesterday were interesting.  Myers writes for the NY Daily News. 
 
He said that, after having written a book about Brady and Manning, he has a good sense of Tom.  And that he knows that Tom and his father have a very close relationship.  And that he thinks Tom would not lie to his Dad (among other close relationships who Myers spoke with).  And that Tom denies all wrong doing to his Dad.
 
This interested me because a friend knows Tom and his Dad, and spent time with Tom's Dad at the Super Bowl, and said almost exactly the same thing.
 
Not that Tom's guilt or innocence is the issue now.  We're on to Berman.  
 
Your tag line needs to change to "knows a guy who knows Brady and his dad"
 

glennhoffmania

meat puppet
Lifetime Member
SoSH Member
Jul 25, 2005
8,411,747
NY
Otis Foster said:
Remember to cast your votes in the Lawyers Chops thread for the closest guess once Berman's order is released.
 
(Popped out of the meeting - told them I needed a bathroom break.)
 
I've tried but you don't seem to like my answer.
 

Otis Foster

rex ryan's podiatrist
SoSH Member
Jul 18, 2005
1,713
glennhoffmania said:
 
I've tried but you don't seem to like my answer.
 
 
Don't sulk - I added your name, and Mommy will give you some milk and cookies to make all better.
 
(Christ, even I can't bill for this time.)
 

Harry Hooper

Well-Known Member
Lifetime Member
SoSH Member
Jan 4, 2002
34,638
dcmissle said:
C'mon ... Bring some poetry suitable to the occasion, my friend. Or at least a line or two from Richard III
 
Breslow has all rights to Richard III now, as he is just about to ascend the throne to be Sox closer.
 

Marciano490

Urological Expert
SoSH Member
Nov 4, 2007
62,337
Average Reds said:
 
Your tag line needs to change to "knows a guy who knows Brady and his dad"
 
But that'd exclude all the other people he knows that also know somebody.
 

Monbo Jumbo

Hates the crockpot
Lifetime Member
SoSH Member
Dec 5, 2003
25,235
the other Athens
dcmissle said:
C'mon ... Bring some poetry suitable to the occasion, my friend. Or at least a line or two from Richard III
 
'When wilt thou be the humble suppliant's friend,
And bring him where his suit may be obtain'd?
When wilt thou sort an hour great strifes to end?
Or free that soul which wretchedness hath chain'd?
 
 
The Rape of Lucrece - Shakespeare.
 

glennhoffmania

meat puppet
Lifetime Member
SoSH Member
Jul 25, 2005
8,411,747
NY
Otis Foster said:
 
 
Don't sulk - I added your name, and Mommy will give you some milk and cookies to make all better.
 
(Christ, even I can't bill for this time.)
 
Just no Oreos please and I'll be happy.
 

TheoShmeo

Skrub's sympathy case
Lifetime Member
SoSH Member
Jul 19, 2005
12,890
Boston, NY
Exactly, Marciano.  I know someone who posted just that a few minutes ago.
 
On a quasi-serious note, I thought about not posting that in light of the inevitable ribbing I would take...but I think it's pretty cool that Myers had the exact same take as my friend.    
 

bankshot1

Member
SoSH Member
Feb 12, 2003
24,865
where I was last at
dcmissle said:
C'mon ... Bring some poetry suitable to the occasion, my friend. Or at least a line or two from Richard III
How about Berman opens with
 
Fans reporters countrymen, lend me your ears;
I come to bury Commissioner, not to praise him.
The evil that men do lives after them;
The good is oft interred with their bones;
So let it be with Roger. The noble Brady
Hath told you the Commissioner was ambitious:
If it were so, it was a grievous fault,
 

Myt1

educated, civility-loving ass
Lifetime Member
SoSH Member
Mar 13, 2006
41,969
South Boston
I just got a spam email for a product called "PacerMonitor." I feel that this is not a coincidence.
 

Average Reds

Member
SoSH Member
Sep 24, 2007
35,441
Southwestern CT
TheoShmeo said:
Exactly, Marciano.  I know someone who posted just that a few minutes ago.
 
On a quasi-serious note, I thought about not posting that in light of the inevitable ribbing I would take...but I think it's pretty cool that Myers had the exact same take as my friend.    
 
All meant to be light-hearted as we pass the day, waiting.
 

Otis Foster

rex ryan's podiatrist
SoSH Member
Jul 18, 2005
1,713
"I said to my soul, be still, and wait without hope, For hope would be hope for the wrong thing."
 
-  T. S. Eliot
 

Myt1

educated, civility-loving ass
Lifetime Member
SoSH Member
Mar 13, 2006
41,969
South Boston
dcmissle said:
Awesome. Thank you.

It's as if Judge Selya were in the house.
The gravamen of your asservation is that the Justice dabbles in pedantry?
 

Marciano490

Urological Expert
SoSH Member
Nov 4, 2007
62,337
TheoShmeo said:
Exactly, Marciano.  I know someone who posted just that a few minutes ago.
 
On a quasi-serious note, I thought about not posting that in light of the inevitable ribbing I would take...but I think it's pretty cool that Myers had the exact same take as my friend.    
 
I think it's cooler that I have a friend who's friends with Myers.  So there!
 

Rovin Romine

Johnny Rico
Lifetime Member
SoSH Member
Jul 14, 2005
24,754
Miami (oh, Miami!)
dcmissle said:
Speaking of fairness. The season opener is 9 days away. Damn. The judge is a sensible guy. I would not stray too far from your phones this morning or afternoon.
 
What's the timing on this re: a stay?  
 
If he's being considerate/sensible, I figure he'd probably issue his ruling in enough time so that the most affected party (Brady) can move for a stay.   If he's ruling against the NFL, it really does not matter if he gets it out any particular time; however, it would give Brady/the Pats some mental relief re: knowing whether he'd be filing a stay/appealing, and what their literal game plan should be for the season opener.  
 
Worst case for Brady would be the judge upholding the suspension, but not doing so until just before the season opener.   What's the turnaround on an emergency Motion to Stay?