#DFG: Canceling the Noise

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


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joe dokes

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There is something of a tradition among good lawyers not to talk to the press about how a judge is going to rule while the case is pending.  Good judges expect adherence to this tradition.  Will Berman change his mind today because of it?  No, I sincerely doubt it. But this is the work of an amateur.  If you want to know the proper way to answer these questions, Kessler is a good example.  His response to similar questions?  We expect a just result.  That's a good answer
 
 
Is there a bulletin board in the robing room for bulletin board material?
 

dynomite

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TheoShmeo said:
The latest?  Friday late afternoon, I assume.
 
If it's today, it could really be any time.  Judges normally post opinions during business hours but there is no such requirement.
 
The "announcement" will be posting the opinion to the docket,
 
I would imagine it will be released later in the day (4pm-ish, whether today or tomorrow), if only to prevent the clerk and court from being overwhelmed with media inquiries upon its release.  Sort of like a mini-Friday news dump.
 
If I were the clerk, I would wait until the judge had left for the day, post it on PACER, and get out of dodge.
 

Punchado

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My one hope is that this is exactly like the Red Sox in 2004 in that we have been burned so many times throughout this process that we have lost any sense of clarity about it.  Article 46 has become what Mystique and Aura and the Curse of the Bambino were.  But the reality is that they have Kevin Brown starting for them and the momentum really shifted for good after Game Six (or in this case after that first hearing when Berman kicked the shit out of the NFL).  
 

dcmissle

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joe dokes said:
 
Is there a bulletin board in the robing room for bulletin board material?
No. But the etiquette is as described above, and you don't rock the boat, particularly when things have gone reasonably well. And things have gone reasonably well.

It will come as a shock to some but you can't DVOA this stuff. Nate Silver would be lost here. There are real human beings under those robes, and who knows what set them off in a close case -- and this is a close case.

Will it matter? Almost certainly not. But is it too much to keep a lid on it for another day or two? I don't think so.
 

KenTremendous

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A parent at my kid's school just wrote me this, in response to an email I wrote him about anticipating the ruling:
 
"I don't disagree - NFL and Goodell are a despotic organization.  But why do they want to take down their golden boy?  What's the agenda?"
 
My response to him was 973 words, contained five links to four different sites, covering everything from BountyGate to the present, and took me less than 20 minutes to type.
 
I just need this to be over. 
 

brandonchristensen

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KenTremendous said:
A parent at my kid's school just wrote me this, in response to an email I wrote him about anticipating the ruling:
 
"I don't disagree - NFL and Goodell are a despotic organization.  But why do they want to take down their golden boy?  What's the agenda?"
 
My response to him was 973 words, contained five links to four different sites, covering everything from BountyGate to the present, and took me less than 20 minutes to type.
 
I just need this to be over. 
The best way to handle naysayers is to ignore them.
 
Just...remember it's just football. Don't insert yourself into the situation as it just sounds like crazy town when you try and explain. 
 

snowmanny

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KenTremendous said:
A parent at my kid's school just wrote me this, in response to an email I wrote him about anticipating the ruling:
 
"I don't disagree - NFL and Goodell are a despotic organization.  But why do they want to take down their golden boy?  What's the agenda?"
 
My response to him was 973 words, contained five links to four different sites, covering everything from BountyGate to the present, and took me less than 20 minutes to type.
 
I just need this to be over. 
I'm not getting much done anyway so feel free to post it here.
 

drleather2001

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KenTremendous said:
A parent at my kid's school just wrote me this, in response to an email I wrote him about anticipating the ruling:
 
"I don't disagree - NFL and Goodell are a despotic organization.  But why do they want to take down their golden boy?  What's the agenda?"
 
My response to him was 973 words, contained five links to four different sites, covering everything from BountyGate to the present, and took me less than 20 minutes to type.
 
I just need this to be over. 
 
I've thought about this question, and I think the shortest answer is that the NFL is engaged in a years-long battle with the NFLPA that will have enormous repercussions on the future of the sport and future profits, and targeting a highly visible player like Brady suits their agenda by demonstrating that they are playing hardball.  The NFL is sending the message that, at the end of the day, players are just pieces on a board bought and paid for by the owners.
 

Stevie1der

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brandonchristensen said:
The best way to handle naysayers is to ignore them.
 
Just...remember it's just football. Don't insert yourself into the situation as it just sounds like crazy town when you try and explain. 
 
Funnily enough, this was actually one of KT's central tenets in the Pozcast that covered this a while back.
 

Harry Hooper

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KenTremendous said:
A parent at my kid's school just wrote me this, in response to an email I wrote him about anticipating the ruling:
 
"I don't disagree - NFL and Goodell are a despotic organization.  But why do they want to take down their golden boy?  What's the agenda?"
 
My response to him was 973 words, contained five links to four different sites, covering everything from BountyGate to the present, and took me less than 20 minutes to type.
 
I just need this to be over. 
 
Reader's Digest version: Commish seeks to grab ever more power over the hired help. Taking down the golden boy is the ultimate evidence of that power. Nothing personal against Brady.
 

amarshal2

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KenTremendous said:
A parent at my kid's school just wrote me this, in response to an email I wrote him about anticipating the ruling:
 
"I don't disagree - NFL and Goodell are a despotic organization.  But why do they want to take down their golden boy?  What's the agenda?"
 
My response to him was 973 words, contained five links to four different sites, covering everything from BountyGate to the present, and took me less than 20 minutes to type.
 
I just need this to be over. 
 
I think the cleanest narrative is that Goodell's reaction to a controversy is consistently proportionate to the media's reaction and is independent of facts or fairness.  Nobody cares about the Browns or Falcons actually cheating?  Cool, I'll take it easy on them!  They suck anyway!  Bullying is a trending national topic that national outlets care about?  Time for an expensive investigation!
 
The simple example here is Ray Rice.  While nobody thought 2 games was appropriate, it is the punishment Goodell issued and therefore shouldn't be increased without new facts. The NFL's claim that they learned something from the extended video coming out has been proven to be false.  Goodell tried to claim that Rice had lied to him but the Ravens and others made it very clear that the only liar in the room was Goodell.  Somehow we all got distracted with the "did the NFL have the video" story line and the real story that the NFL was just reacting to media criticism got lost.  Nobody wanted to be defending Ray Rice, I get it.  
 
But literally nothing changed from when Goodell issued the 2 game suspension to the infinity suspension except for the volume of media criticizing Roger and the NFL.  Whoever was the last to rule on Rice agreed and threw it out.
 

E5 Yaz

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Harry Hooper said:
 
Reader's Digest version: Commish seeks to grab ever more power over the hired help. Taking down the golden boy is the ultimate evidence of that power. Nothing personal against Brady.
 
You left out the part where this was the perfect storm at the perfect time to deflect attention from more serious issues
 

loshjott

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Harry Hooper said:
 
Reader's Digest version: Commish seeks to grab ever more power over the hired help.  Jealous officials from vanquished opponents abetted by weasels in the league office created an opportunity. Taking down the golden boy is the ultimate evidence of that power. Nothing personal against Brady.
 
Added something for you.
 

Harry Hooper

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E5 Yaz said:
 
You left out the part where this was the perfect storm at the perfect time to deflect attention from more serious issues
 
 
loshjott said:
 
Added something for you.
 
 
All true, so we're on our way to 973 words again, alas.
 

KenTremendous

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snowmanny said:
I'm not getting much done anyway so feel free to post it here.
It's nothing we haven't all said/read/written a million times before.
 
I know I shouldn't engage, but I kind of enjoy it. I find it cathartic. My biggest regret, honestly, is that I accepted the league's rulings on BountyGate and IncognitoGate and every other -Gate so blindly. I think these people are bonkers, and they deserve to be skeptically scrutinized to within an inch of their lives on every decision they make. 
 

E5 Yaz

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KenTremendous said:
It's nothing we haven't all said/read/written a million times before.
 
I know I shouldn't engage, but I kind of enjoy it. I find it cathartic. My biggest regret, honestly, is that I accepted the league's rulings on BountyGate and IncognitoGate and every other -Gate so blindly. I think these people are bonkers, and they deserve to be skeptically to scrutinized within an inch of their lives on every decision they make. 
 
First they came for the Saints, and since I wasn't a Saint ...
 

brandonchristensen

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Slow thread for such a big piece of news...any twitter feeds I should follow? I don't do Twitter but I want something to satiate my trigger-happy F5 finger.
 

Seabass177

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KenTremendous said:
It's nothing we haven't all said/read/written a million times before.
 
I know I shouldn't engage, but I kind of enjoy it. I find it cathartic. My biggest regret, honestly, is that I accepted the league's rulings on BountyGate and IncognitoGate and every other -Gate so blindly. I think these people are bonkers, and they deserve to be skeptically scrutinized to within an inch of their lives on every decision they make. 
 
My biggest regret is that the '72 DNC headquarters weren't at the fucking Hilton. 
 

( . ) ( . ) and (_!_)

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Is there an hour after which it becomes more probable then not that the decision isn't coming out today?  I would guess that they could send this out at any hour into the evening, but I'm guessing that at some point the clerks are going to go home for the day and that it may not happen until tomorrow.  Or is this really a 24 hour decision watch?
 

HomeBrew1901

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( . ) ( . ) and (_!_) said:
Is there an hour after which it becomes more probable then not that the decision isn't coming out today?  I would guess that they could send this out at any hour into the evening, but I'm guessing that at some point the clerks are going to go home for the day and that it may not happen until tomorrow.  Or is this really a 24 hour decision watch?
 
 
TheoShmeo said:
The latest?  Friday late afternoon, I assume.
 
If it's today, it could really be any time.  Judges normally post opinions during business hours but there is no such requirement.
 
The "announcement" will be posting the opinion to the docket,
 

E5 Yaz

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( . ) ( . ) and (_!_) said:
Is there an hour after which it becomes more probable then not that the decision isn't coming out today? 
 
Not that I'm generally aware of
 

DJnVa

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Someone said earlier they may post it late in day after judge leaves and as they're getting ready to leave to avoid a bunch of calls into office.
 
I guess we'll find out.
 

dcmissle

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Counsel can and do file documents electronically 24/7. There is no reason why judges can't file whenever they please.

Sorry, but y'all are on duty.
 

Joe D Reid

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Also remember that (as a couple of folks have already said), a release later in the week is slightly more likely to be favorable because it implies that the judge is not reserving time for Brady to seek a stay before the season starts, presumably because Brady has won and therefore doesn't need a stay.
 
It's not (at all) definitive, but it's also a nice bit of consolation if nothing happens today. 
 

jimbobim

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Laser Show said:
This was an awesome article. 
 
And, down the line, secure with the respect of his peers and however many Super Bowl rings and a bust in Canton and millions of dollars to his name and the permanent adoration of millions and millions of fans, cruising the Mediterranean in a hundred-foot yacht with his beautiful family, the least likely thing in the whole world is that Tom Brady will give the remotest shit about what an unknowable number of sad-ass football fans and hot-take writers think of his “legacy.” I was the greatest player of my generation and I have an idyllic existence, but Rocco in Utica says my Super Bowls are invalidated [kills self].
 

Steve Dillard

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Just went through my emails from PACER in other cases, and most of my orders from judges (as distinct from party filings) are between 4 and 5 pm.  Only found one post-5 pm procedural order approving a schedule request.
 

DJnVa

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PseuFighter said:
Anyone know the page where this would be released? Do you need PACER access?
 
 
Yes...you can get it with a credit card number.
 
 

jimbobim

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Stephanie Stradley ‏@StephStradley  2m2 minutes ago
Stephanie Stradley retweeted Mike Meltser
The owners don't even have basic facts straight. Wells said he didn't need the phone. No litigation hold put on it
Stephanie Stradley added,




Mike Meltser @MikeMeltser
I asked Bob McNair if Brady was JJ, would he have been comfortable with his due process? McNair said Watt wouldn't have destroyed his phone





 
Love McNair dodging the question. O that substantive question you want me to answer? Nah he destroyed his phone clearly guilty. 
 

drleather2001

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Well, Watt is a "man's man".  He would have just challenged Wells to physically take it from him or some shit.  
 
But because Brady wears Uggs and doesn't talk much about himself to the press, he's "sneaky".
 

glennhoffmania

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In all fairness what should McNair say?  "Yeah the people hired by my organization were incompetent and have treated a player like shit"?  There's no good answer he could give there.
 

PedroKsBambino

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glennhoffmania said:
In all fairness what should McNair say?  "Yeah the people hired by my organization were incompetent and have treated a player like shit"?  There's no good answer he could give there.
 
I think he could have said "my hope is none of our players end up in a situation where any of these questions are raised" which plays it right down the middle.
 
He chose something that was much more critical of Brady, which is his choice, but I think fairly opens him up to critcism about his knowledge level for the criticism