#DFG: Canceling the Noise

[MarcSullivaFan]

That article is okay but probably went overboard in describing Brady as the finest quaterback and such. What Brady was put through would be wrong for any player of any talent level.

That's true, but it does drive home the insanity of the entire thing. The egos of Uncle Rog and his minions are the top priority--to hell with the product going on the field on opening night and the legacy of the greatest team and arguably the greatest player of the past 15 years. We should all be thankful that these fuckheads aren't running a country.

 

[riboflav]

John Dowd, former Special Counsel for MLB, tears the NFL and Goodell a new one over on CNN.


http://www.cnn.com/2015/08/07/opinions/dowd-nfl-brady-investigation/index.html

 
Great. On a site nobody reads on a day when nobody reads.

 

[WayBackVazquez]

That Dowd column was excellent. The ambush point was well made.

 
 

Good odds it ends up attached as an exhibit to today's filing.  The NFLPA surely wants to make sure that Berman has seen it.  Considering the source, it is a persuasive piece.

 
 

 
That is a great, great article - clear, fair, informed. Why didn't the NFL hire Dowd to do the investigation, instead of the credibility-less Wells? 
 
Oh, wait...

 
He worked for the firm representing the NFL, btw.

 

[riboflav]

And 95% of related discussion about John Dowd over the last 24 hours has been about his allegations that Pete Rose is a rapist. Sigh.

 

[PedroKsBambino]

At least, he used to---he is no longer on Akim Gump's website.  He spent most of his career as a partner there, which makes his very public stand on this one (compete with a website, http://www.deflategatefacts.com/#home-section ) rather interesting.

 

[WayBackVazquez]

At least, he used to---he is no longer on Akim Gump's website.  He spent most of his career as a partner there, which makes his very public stand on this one (compete with a website, http://www.deflategatefacts.com/#home-section ) rather interesting.

 
Yeah, I edited the original post. I have to wonder whether there is any bitterness over his departure. At many firms (like mine) there is if not a forced retirement age, at least a mandatory deequitization from the partnership.

 

[PedroKsBambino]

 
Yeah, I edited the original post. I have to wonder whether there is any bitterness over his departure. At many firms (like mine) there is if not a forced retirement age, at least a mandatory deequitization from the partnership.

 
Agreed---sort of odd that Dowd has gotten that involved in this.  Then again, given his role in the Rose investigation (and the comparative quality, independence, and ethical standards of that investigation compared to this one) I can imagine he pays pretty close attention to sports investigations, too.

 

[Norm loves Vera]

So even though this cast TB in a positive light.. it pisses me off to the nth degree that this was made public.   How on earth did these texts get put out there in the internet world when all he did was give them to the NFL FO/Wells team?
 
https://www.yahoo.com/parenting/emails-between-tom-brady-and-ex-expose-how-they-126106801202.html?soc_src=unv-sh&soc_trk=tw
 
Why is this ok and and every obvious privacy breech by the NFL not a big deal?

 

[DJnVa]

That article is okay but probably went overboard in describing Brady as the finest quaterback and such. What Brady was put through would be wrong for any player of any talent level.

 
First off, you cannot go overboard describing Brady like that. And he should have added "handsome".
 
And secondly, to be fair, later in the article it does say that.
 

But guessing with the life, liberty and fortune of the NFL's best quarterback -- or any player for that matter -- has no place in any professional sport.

 

[edmunddantes]

So even though this cast TB in a positive light.. it pisses me off to the nth degree that this was made public.   How on earth did these texts get put out there in the internet world when all he did was give them to the NFL FO/Wells team?
 
https://www.yahoo.com/parenting/emails-between-tom-brady-and-ex-expose-how-they-126106801202.html?soc_src=unv-sh&soc_trk=tw
 
Why is this ok and and every obvious privacy breech by the NFL not a big deal?

Part of the deal when you go to court.
 
Not the NFL, NFLPA, or Tom's direct fault. The judge wants an open record. These were all part of the arbritration process.
 
Once Tom decided he wanted to appeal, he knew and was advised this would all become public.
 
The most interesting thing about these releases is the actual lack of any truly "whoa!" or "omg" emails. 
 
Tom is pure vanilla in his private life (or he just got lucky none of his salacious emails had any of the search terms in them).

 

[WayBackVazquez]

So even though this cast TB in a positive light.. it pisses me off to the nth degree that this was made public.   How on earth did these texts get put out there in the internet world when all he did was give them to the NFL FO/Wells team?
 
https://www.yahoo.com/parenting/emails-between-tom-brady-and-ex-expose-how-they-126106801202.html?soc_src=unv-sh&soc_trk=tw
 
Why is this ok and and every obvious privacy breech by the NFL not a big deal?

 
Because they weren't leaked, they were filed by the NFLPA. And the email was probably included because it contained the word "pin."

 

[mulluysavage]

"In fact, neither the commissioner nor his three law firms ever told Brady that failure to produce his phone would be viewed as a separate charge of obstruction."

If you punish someone for not doing something, you can't call that thing optional.

 

[GlenMorangie]

.

 

[Papelbon's Poutine]

 
Agreed---sort of odd that Dowd has gotten that involved in this.  Then again, given his role in the Rose investigation (and the comparative quality, independence, and ethical standards of that investigation compared to this one) I can imagine he pays pretty close attention to sports investigations, too.

Dowd had been speaking on this before this article. He was in WEEI at least a week if not two ago, soon after the appeal and before the testimony was unsealed. Not implying anything towards his motivations or impartiality, but I got the sense he was contacted by WEEI given natural link between the two investigations, not the other way around.

 

[DennyDoyle'sBoil]

Part of the deal when you go to court.
 
Not the NFL, NFLPA, or Tom's direct fault. The judge wants an open record. These were all part of the arbritration process.
 
Once Tom decided he wanted to appeal, he knew and was advised this would all become public.
 
The most interesting thing about these releases is the actual lack of any truly "whoa!" or "omg" emails. 
 
Tom is pure vanilla in his private life (or he just got lucky none of his salacious emails had any of the search terms in them).

 
One sense in which these are relevant here, I guess, is that they tend to put another side on the reasonableness of Tom not wanting to turn over his phone.  If you're a big enough star that yahoo is going to publish a story about how you parent your child with your ex-wife, not wanting to give over a phone in a case that's likely destined for court doesn't seem quite as nefarious as it's made out to be.

 

[drbretto]

All those finger waggers that warned Brady not to take this too far because he would have to release everything and he'd get exposed sure do look like geniuses right now. It's all out now, isn't Mr 'Greatest Quarterback Whoever Lived' IF that's even your real name. Everyone knows now. Youre a good dad! Oh man, burn! Way to fit in as a professional athlete, you stupid highly intelligent decent person. Ha, next thing you know, we'll all find out that you think you can play into your 40's! Oh snap, we DO know that cause of that wicked BURN on Manning. Man, what a unreasonably optimistic viewpoint you have, Mr. Won every lottery life has to offer and still manages to be moderately down to earth handsome guy.'

 

[JimBoSox9]

All those finger waggers that warned Brady not to take this too far because he would have to release everything and he'd get exposed sure do look like geniuses right now. It's all out now, isn't Mr 'Greatest Quarterback Whoever Lived' IF that's even your real name. Everyone knows now. Youre a good dad! Oh man, burn! Way to fit in as a professional athlete, you stupid highly intelligent decent person. Ha, next thing you know, we'll all find out that you think you can play into your 40's! Oh snap, we DO know that cause of that wicked BURN on Manning. Man, what a unreasonably optimistic viewpoint you have, Mr. Won every lottery life has to offer and still manages to be moderately down to earth handsome guy.'

 
Anyone who already didn't realize off-field Brady is basically the most boring dude ever, hasn't been paying an ounce of attention.  I love that the emails exposed a working relationship with Moynihan.  Knocking her up was an extreme outlier event.  He better write a book about core conditioning though, once he hangs it up in 2023.

 

[Norm loves Vera]

I am just mortified everything on his phone is open to review publicly..  If I am this pissed about it.. I imagine TB is a million times more.. thru out all this.. TB is proven clean and is what he is.. a legit and a good guy.. Ginger  and his minions on the other hand..

 

[Papelbon's Poutine]

Everything on his phone isn't. They gave him a group of search words to scan his emails and texts and then deliver those on his own. Only the stuff that popped up on that search was turned over as part of the appeal and is now open to the public. As someone speculated, the word 'pin' likely popped on that string.

 

[Corsi]

Daniel Wallach ‏@WALLACHLEGAL  58s59 seconds ago
BREAKING: Tom Brady, NFLPA file motion to vacate arbitration award. Details to follow.

 

[drbretto]

Yeah. It's still a little sad that people need to write articles about the personal stuff though. I get it, I guess. And if the NFL wasn't run by dicks he wouldn't have had to release anything in the first place. But it does still illustrate why its important for someone like Brady to be slow d the right not to release his personal cell phone. People will take the most mundane things, dress it up and make a story about it.

 

[drbretto]

Daniel Wallach ‏@WALLACHLEGAL   [URL="https://twitter.com/WALLACHLEGAL/status/629802729112776708

https://twitter.com/WALLACHLEGAL/status/629802729112776708"]58s59

link to tweet seconds ago[/url]
BREAKING: Tom Brady, NFLPA file motion to vacate arbitration award. Details to follow.


So, basically that means they think they've said enough, so how ' bout it, judge?

 

[dcmissle]

I am just mortified everything on his phone is open to review publicly..  If I am this pissed about it.. I imagine TB is a million times more.. thru out all this.. TB is proven clean and is what he is.. a legit and a good guy.. Ginger  and his minions on the other hand..

I am fine with your mortification -- as long as you were not one the guys urging a libel or defamation suit by TB.

This is one of the tolls you pay when you chose to fight in court.

 

[Granite Sox]

The NFL "beat" the NFLPA, but for all intents and purposes Wallach tweeted both filings almost simultaneously.

 

[Reverend]

I am fine with your mortification -- as long as you were not one the guys urging a libel or defamation suit by TB.

This is one of the tolls you pay when you chose to fight in court.

 
I agree. Although any mortification I could imagine feeling is tempered by the tremendous humor I find in the fact that the league's search for incriminating evidence on Brady unearthed that he's a wicked good parent and that billionaires (plural) suck up to him which he then parlays into money for charity.
 
It's too bad they couldn't go through his media and find a video of him saving a kitten from a tree or something.

 

[dcmissle]

What has come out seems only to confirm that TB is an unusually good guy for someone of his stature and accomplishments.

 

[drbretto]

I'm going to post this in the stupid people thread, but I still don't see how people think there's just no way this ends with Goodell's firing. If the NFLPA wins this case, the other owners have to know that the next CBA is going to be big news and this would give the union a huge advantage. How much faith is anyone going to have that the union and Goodell will be able to come to any agreements ever. These people may be loving it up until a few days ago. Shit got real though and people are starting to notice. And it's not isolated, what with the Ray Rice thing. Eventually Kraft will get his respect back and as some of the other owners start realizing that Goodell's gotta go for there to be any football in 2017, Kraft will be there to remind him how bad he is for the league.

By all means, tell me that's a tinfoil thing but it seems like a reasonable conclusion. I gotta say, too, for a fan base that has seen so many sports miracles some of you give up so easily.

 

[Myt1]

The rank and file of the Union don't really care about league discipline because most of them won't ever be disciplined and because the guy making the league minimum or $500K or so for 3 years before going to sell used cars doesn't particularly care as much about Tom Brady getting messed with as he does about not missing any games.

Edit: In other words, notwithstanding the recent stupid clusterfucks, it was probably a rational place for the Union to cave during negotiations. Now it's a lever and nothing more.

 

[Marceline]

I'm going to post this in the stupid people thread, but I still don't see how people think there's just no way this ends with Goodell's firing. If the NFLPA wins this case, the other owners have to know that the next CBA is going to be big news and this would give the union a huge advantage. How much faith is anyone going to have that the union and Goodell will be able to come to any agreements ever. These people may be loving it up until a few days ago. Shit got real though and people are starting to notice. And it's not isolated, what with the Ray Rice thing. Eventually Kraft will get his respect back and as some of the other owners start realizing that Goodell's gotta go for there to be any football in 2017, Kraft will be there to remind him how bad he is for the league.

By all means, tell me that's a tinfoil thing but it seems like a reasonable conclusion. I gotta say, too, for a fan base that has seen so many sports miracles some of you give up so easily.

 
Goodell is making in excess of $40 million per year and his contract runs through March 2019. That's a lot of money to eat to get rid of him. It just seems really unlikely unless his actions start to dramatically impact the NFL's bottom line, which they haven't.

 

[Laser Show]

Daniel Wallach ‏@WALLACHLEGAL  58s59 seconds ago
BREAKING: Tom Brady, NFLPA file motion to vacate arbitration award. Details to follow.

Highly recommend reading through his Twitter feed right now. Hard to read that and not think Brady is going to win.

 

[Mugsy's Walk-Off Bunt]

My favorite so far:

Daniel Wallach – ‏@WALLACHLEGAL

Wells testimony: “I want to be clear--I did not tell Brady at any time he would be subject to punishment for not turning over his cellphone"

 

[DJnVa]

Highly recommend reading through his Twitter feed right now. Hard to read that and not think Brady is going to win.

 
While I'd love Brady to win, isn't he mostly just copying and pasting from the memo?
 
 
 
Is there a link to where we can read this, or is it on some legal, subscription only site?

 

[drbretto]

It's not about Brady though. His situation is just bringing it up to the surface. He's been a loose cannon for a while now and its been more and more public. With all this hype over PSI, I have to think the next CBA is going to be a public battle and the NFLPA is going to be so on guard, I can't imagine it going smoothly with him there. It'll certainly affect their bottom line then.

Edit: Joe Sixpacks argument definitely makes a lot of sense though.

 

[PedroKsBambino]

My favorite so far:

Daniel Wallach – ‏@WALLACHLEGAL

Wells testimony: “I want to be clear--I did not tell Brady at any time he would be subject to punishment for not turning over his cellphone"

 
Wells ultimately has to explain this all to his other clients---I have to think he has a level of concern about what they might make of his turn as a rogue prosecutor here.   That testimony, to me, is not what the NFL wanted.

 

[simplyeric]

The rank and file of the Union don't really care about league discipline because most of them won't ever be disciplined and because the guy making the league minimum or $500K or so for 3 years before going to sell used cars doesn't particularly care as much about Tom Brady getting messed with as he does about not missing any games.

Edit: In other words, notwithstanding the recent stupid clusterfucks, it was probably a rational place for the Union to cave during negotiations. Now it's a lever and nothing more.

Seems more likely that they'd use the discipline process as a leverage item, but trade that back for financial consideration (and probably not much).

 

[Laser Show]

 
While I'd love Brady to win, isn't he mostly just copying and pasting from the memo?
 
 
 
Is there a link to where we can read this, or is it on some legal, subscription only site?

He is, but seeing the NFLPA lay out so many arguments is pretty convincing to me.

 

[DJnVa]

He is, but seeing the NFLPA lay out so many arguments is pretty convincing to me.

 
Well sure, but that's the point of their filing...

 

[Harry Hooper]

 
I agree. Although any mortification I could imagine feeling is tempered by the tremendous humor I find in the fact that the league's search for incriminating evidence on Brady unearthed that he's a wicked good parent and that billionaires (plural) suck up to him which he then parlays into money for charity.
 
It's too bad they couldn't go through his media and find a video of him saving a kitten from a tree or something.

 
 
Ha, I am reminded of the Meryl Streep character's highlight reel being reviewed and judged in the afterlife in "Defending Your Life."

 

[Marceline]

It's not about Brady though. His situation is just bringing it up to the surface. He's been a loose cannon for a while now and its been more and more public. With all this hype over PSI, I have to think the next CBA is going to be a public battle and the NFLPA is going to be so on guard, I can't imagine it going smoothly with him there. It'll certainly affect their bottom line then.

Edit: Joe Sixpacks argument definitely makes a lot of sense though.

 
Yeah, to be clear, I thought you meant would they fire him ahead of his contract finishing out...I could definitely see them dumping Goodell at the end of his contract, which would be well before the next CBA negotiation (after the 2020 season), depending on how things play out over the next few years.

 

[drbretto]

 
Yeah, to be clear, I thought you meant would they fire him ahead of his contract finishing out...I could definitely see them dumping Goodell at the end of his contract, which would be well before the next CBA negotiation (after the 2020 season), depending on how things play out over the next few years.

Ahh, I think I was under the impression that was in 2017ish for some reason. Never mind then.

 

[ipol]

Here's the nutshell:
 
"Law firmly establishes that parties to CBA choose own method of dispute resolution & fed courts are bound to respect their bargain"
 
Maniacal laughter ensues...

 

[notfar]

The NFL filing is confirms that the NFL front office thinks the same as the players that are speaking out are saying, the NFL can do whatever it wants.

 

[Ed Hillel]

Here's the nutshell:
 
"Law firmly establishes that parties to CBA choose own method of dispute resolution & fed courts are bound to respect their bargain"
 
Maniacal laughter ensues...

Yes, exactly, like they did specifically for equipment violations.

 

[Leather]

Yes. Unless the decisions are arbitrary and capricious or illegal.

When you don't have the law, argue the facts. When you don't have he facts, argue the law. When you don't have either, argue both and bang the table.

 

[jtn46]

It's kind of crazy to me that Goodell has gone all-in to this degree. Even if he wins here, the PA will take arb power away from the league next CBA even if they have to strike after seeing this defense, no?

 

[PedroKsBambino]

It's kind of crazy to me that Goodell has gone all-in to this degree. Even if he wins here, the PA will take arb power away from the league next CBA even if they have to strike after seeing this defense, no?

 
I do believe he's hurt himself, and that he has risk both of owners getting tired of him (and/or afraid of him) and of the NFLPA pushing very hard on this issue.

However, the next CBA is also a long way off.

 

[Leather]

It's kind of crazy to me that Goodell has gone all-in to this degree. Even if he wins here, the PA will take arb power away from the league next CBA even if they have to strike after seeing this defense, no?

I know. From a 30,000 ft level this whole thing is completely bonkers.

It's like WWI in terms of the "didn't anybody stop and THINK? How could the people best equipped to prevent this have allowed it?" Factor.


EDIT: and really, that's the litmus test to me in terms of who I know is on the level and who is being either an asshole or a moron about this whole thing thing. Regardless of whether Brady MIGHT have been aware of ball shenanigans, this fiasco has long since eclipsed whether or not that is even relevant from a fan POV.

 

[jtn46]

 
I do believe he's hurt himself, and that he has risk both of owners getting tired of him (and/or afraid of him) and of the NFLPA pushing very hard on this issue.
However, the next CBA is also a long way off.

It is but this is Tom Brady, if there's ever a time to make sure you have a case, you'd think it would be when you're persecuting a living legend. To pull the "yes we fudged a case together because in my gut, I think he did it, and I have the power to do that, so eat it" card with Tom Brady is just bonkers. You'd think he'd save that one for when he's against a worse dude.

 

[Monbo Jumbo]

They have doubled down on a wisp of air so often it weighs a world on their backs, Atlas-like.

 

[ipol]

I think Roger Goodell should be fired. I think he should be placed in a stockade for several hours while aggrieved parties throw rotten tomatoes at him. I, personally, would wait at least 45 minutes for the opportunity to do so. Roger Goodell will not be fired.