#DFG: Canceling the Noise

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


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crystalline

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singaporesoxfan said:
 
Brady's PR strategy in the initial stages (granted, he had more important things on his mind then) and the post-Superbowl period didn't do anything to help non-Pats fans' public perception. Since Brady's fight now is driven by his desire to preserve his reputation in the face of baseless allegations, it seems like a more aggressive, rather than reactive, PR strategy could have helped with that reputational impact at the start. Right now we've reached the "where do I go to get my reputation back?" part of the scandal: sadly, I doubt even a successful ruling in favor of Brady leads to total vindication. Yes, the hits to his reputation came about because there was a combination of biased anti-Patriots media, people operating in bad faith, and the lack of understanding of science - but that should all have been assumed when figuring out how to respond early on.
 
 
Exactly.
 
Brady's, and the Patriots' failure to fight back in the court of public opinion has contributed to them being in this position.
 
Moreover, their failure to fight back against the trumped-up "Spygate" charges over the past decade has also contributed.  People are fooling themselves if they Brady and Kraft can put their fingers in their ears and just focus on the field.  
 
Reputation matters.  Brady and the Patriots should have hired good PR reps 10 years ago to run a rehabilitation strategy.  And they certainly should have done so 6 months ago.  
 

joe dokes

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If Berman was going to rule that he can't overturn anything because of the agree upon language in the CBA, wouldn't he have just done that in the beginning? Or does he have to hear everything out first?
 
 
A few possibilities ---- it's always better for a Judge to hear everything everyone has to say before ruling. One less appellate argument ("he didn't let us have our say.")
 
------Just because he has both sides' arguments about the issue doesn't necessarily mean he's made up his mind on it.
 
------There's also the "human" factor. As has been explained, general legal principles here makes Brady's hurdle high.  That said, if there's even the smallest bit of wiggle room in the CBA, and *everything* else screams "evidence-free, due process violating railroading bag job," the Judge will wiggle that wiggle room and suddenly the CBA language is in the rear-view mirror.  It becomes something of a de facto balancing test.  That's not how an order would be written (because that's not how the law reads), but it's the type of internal mental process the Judge might follow. 
 
So with that in mind, the Judge well knows the CBA might be a large obstacle for Brady. But he'll hear everything else to see if/just how much the NFL ran roughshod to see if it's "bad enough."
 

Captaincoop

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soxhop411 said:
come on... this is not cool
 
Paul Pabst ‏@PaulPabst  22m22 minutes ago
Sketch artist Jane Rosenberg said she's getting tons of nasty emails from Patriots fans. "Hateful...cyber-bullying."
 
"From Patriots fans".
 
Really, or just general jerks who saw the sketch online?  I think she's baselessly smearing Patriots fans, another form of cyber-bullying.  Where can I find a safe space to do some coloring while I process this pain?
 

glennhoffmania

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edmunddantes said:
I don't think the NFLPA is going to concede a 1 game suspension for non-cooperation. 
 
They might concede more enchanced fine, but I highly doubt they are giving up a game. 
 
Isn't it ultimately Brady's decision, not the PA's?
 

Stevie1der

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A question for the lawyers:  Settlement talks are ongoing today with just counsel present with Berman.  It seems unlikely that any agreement will be reached, so I'm wondering what other things are being accomplished right now.  What are Kessler/Nash's goals right now since they have Berman's ear in a more informal and private setting, and what are they trying to do right now to accomplish their respective goals?
 

AB in DC

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Van Everyman said:
Ok so one question:


Why did the NFLPA not question Kensil during the appeal? Were they not allowed to? I know they did w Vincent. Seems like having Kensil as well would have been an important way of marking that the League had no idea what it was doing and was headed toward an arbitrary and/or capricious outcome.
 
They questioned Vincent on the same issues.  Not sure that questioning Kensil would have yielded anything different -- and remember they were on a four (ish) hour limit.
 

edmunddantes

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glennhoffmania said:
 
Isn't it ultimately Brady's decision, not the PA's?
I'd highly doubt Brady is willing to concede one game either. Nothing he has done up to this point. points to someone that is willing to concede even one game. 
 
Brady refuses to even concede a snap or two in pre-season practices. 
 
I doubt he's giving up a game unless he has a really really good reason, and the current situation does not read as being really really good yet.
 
I could be reading him wrong, but I just don't see it in his nature that he concedes the game unless he thinks he is totally screwed and will be getting the 4 games.
 
Plus I think he has enough of a chip on his shoulder that he feels "I did nothing wrong. I'm innocent" that he'll take his chances. 
 
But who knows. All speculation. 
 

singaporesoxfan

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crystalline said:
 
 
Exactly.
 
Brady's, and the Patriots' failure to fight back in the court of public opinion has contributed to them being in this position.
 
Moreover, their failure to fight back against the trumped-up "Spygate" charges over the past decade has also contributed.  People are fooling themselves if they Brady and Kraft can put their fingers in their ears and just focus on the field.  
 
Reputation matters.  Brady and the Patriots should have hired good PR reps 10 years ago to run a rehabilitation strategy.  And they certainly should have done so 6 months ago.  
 
Yeah, if you're feeling like you've been railroaded, and your main concern is reputation / legacy, you can't just act on the belief that "the truth will set me free" and depend on the legal process. That's why the lack of PR strategy here is worse than not doing so after "Spygate" - it seems that Brady's entire legal fight here is almost all about preserving reputation rather than missing games or the impact on the field (I doubt he would accept, for example, an admission of guilt with a fine and no games missed), and if so he should have also been fighting in the court of public opinion.
 

ivanvamp

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Average Reds said:
 
Obviously Brady's direction is important, but the NLFPA is the entity litigating here, not Brady. 
 
So if Brady wants to settle, if the NFLPA doesn't, then they don't settle?  And if the NFLPA *does* want to settle, but Brady doesn't, then they'll settle?
 

Joe D Reid

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Stevie1der said:
A question for the lawyers:  Settlement talks are ongoing today with just counsel present with Berman.  It seems unlikely that any agreement will be reached, so I'm wondering what other things are being accomplished right now.  What are Kessler/Nash's goals right now since they have Berman's ear in a more informal and private setting, and what are they trying to do right now to accomplish their respective goals?
 
For me, it varies with format. It looks like this conference is happening with both sides in the room. In my experience, you don't get much into the merits of the case in that format, because the judge is not interested in a closed-door oral argument. Instead, it's about trying to appear reasonable to the judge and explaining why certain settlement terms are must-haves for your client.
 
When it's shuttle diplomacy, the judge/mediator often spends time pressing back on your legal case, and you have the additional goal of spending some quality time in advocacy.
 

jsinger121

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I wonder if Brady should just show up unannounced next week to the hearing even though he doesn't have to just to look better than Goodell.
 

djbayko

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Harry Hooper said:
 
That could very well be a sticking point, in terms of precedent. Double Favre's penalty fine to $100,000?
Our resident lawyers have explained many times that settlements can be constructed as to not have precedent setting implications. That, of course, would be part of the negotiation, I'd imagine.
 

Joshv02

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jsinger121 said:
I wonder if Brady should just show up unannounced next week to the hearing even though he doesn't have to just to look better than Goodell.
Both of them have to show up on the 19th.
 

Joshv02

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RedOctober3829 said:
No, they don't.  Judge Berman's court order today said the principals involved(Brady and RG) do not have to show up.  Please read the thread.
Ah - I didn't press refresh on the court's docket.  You are right.
 

garzooma

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PaulinMyrBch said:
He gave sworn testimony at the hearing with Goodell. On the record and under oath, albeit from the court reporter. If he changes course on the record of the federal case, its perjury...technically.
 
I found this article on a blog on the wsj site talking about this.  The short version:
 
Legal scholars who spoke with Law Blog said the state’s penal law isn’t that clear on whether a sworn statement made at an NFL proceeding carries the potential risk of a perjury prosecution.
 

PaulinMyrBch said:
You'd have to find a prosecutor interested in that case. 
 
The article makes the same point.  But since the sworn testimony took place in NYC, would finding that prosecutor be all that hard?
 

wade boggs chicken dinner

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RedOctober3829 said:
Michael McCann mentioned something this morning on SiriusXM's "Morning Men" that I haven't heard before.  I don't know that it is true either.  He said that even if Berman vacates this suspension that the NFL can go ahead and try to suspend him under different pretenses.  Would this be true and if true what else could the NFL suspend him for?  That would be ridiculous.
 
Theoretically, it's possible.  When Doty overturned the Peterson decision, his ruling was to "vacate the arbitration award" and remand back for further proceedings consistent with the CBA.  So theoretically, yes, Brady award could be vacated and further disciplinary proceedings could occur.

But it is instructive to note that the NFL did not further discipline Peterson while seeking an appeal of Doty's ruling.
 
ivanvamp said:
In the spirit of this thread being started for me (haha), I want to make sure I understand something - that's likely been talked about over and over again but I am not totally sure of how it works.
 
Berman's options are what, exactly?
 
1.  Support the NFL, saying they acted in accordance with the CBA.  Penalty upheld.  (even if he thinks Brady didn't do anything, he could rule this)
 
2.  Rule in favor of Brady, saying that the NFL did not act in accordance with the CBA, and throw it back to Goodell to make another ruling.
 
And can he also:
 
3.  Vacate the ruling entirely and say Brady is a "free man"?  That is, no penalty, the NFL was wrong, end of story?  
 
In other words, if Berman vacates the ruling, does it automatically go back to Goodell so he can have another crack at this?  And he drops the penalty to 2 games and $100k fine, say, and Brady appeals THAT, and here we go again...?  What, exactly, are Berman's options here?
 
It is overwhelmingly likely that Berman's actual order will either uphold or vacate/remand.

That being said, judges can really do or write whatever they want so his reasoning could be an attempt to reach farther than the decision, but I personally think that is unlikely on these set of facts.
 

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RedOctober3829 said:
Michael McCann mentioned something this morning on SiriusXM's "Morning Men" that I haven't heard before.  I don't know that it is true either.  He said that even if Berman vacates this suspension that the NFL can go ahead and try to suspend him under different pretenses.  Would this be true and if true what else could the NFL suspend him for?  That would be ridiculous.
 
As I read this, I realized that this case isn't about a crime in need of a punishment, but a punishment in search of a crime.
 

joe dokes

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A question for the lawyers:  Settlement talks are ongoing today with just counsel present with Berman.  It seems unlikely that any agreement will be reached, so I'm wondering what other things are being accomplished right now.  What are Kessler/Nash's goals right now since they have Berman's ear in a more informal and private setting, and what are they trying to do right now to accomplish their respective goals?
 
 
While clients have the ultimate say in settlement, sometimes getting the clients out of the room will help the Judge to assess who is driving the boat.  Do the lawyers need some help in convincing a client that they are underestimating risk?  Are the lawyers leading their client down a road to legal hell? These are good bits of info for a mediator to have.
 

yecul

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As a non-lawyer I am basing my opinion on my understanding of the law and parameters of this hearing. I feel that Berman wants a settlement and is squeezing both sides - particularly the NFL - to get there. I think that he doesn't find there to be much evidence or a case, however, that is not material here. I imagine he has a bias toward a lessened penalty (if that), but again, not material.
 
So no settlement = upheld due to the CBA. Even if I am wrong on his personal take above... it's irrelevant as the decision would be the same.
 

ivanvamp

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wade boggs chicken dinner said:
 
Theoretically, it's possible.  When Doty overturned the Peterson decision, his ruling was to "vacate the arbitration award" and remand back for further proceedings consistent with the CBA.  So theoretically, yes, Brady award could be vacated and further disciplinary proceedings could occur.
But it is instructive to note that the NFL did not further discipline Peterson while seeking an appeal of Doty's ruling.
 
 
It is overwhelmingly likely that Berman's actual order will either uphold or vacate/remand.
That being said, judges can really do or write whatever they want so his reasoning could be an attempt to reach farther than the decision, but I personally think that is unlikely on these set of facts.
 
I guess what I'm asking is if Berman rules in favor of Brady, does that automatically remand it back to Goodell and the NFL for another try?  Or can he simply say no penalty, end of discussion?
 

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ivanvamp said:
 
I guess what I'm asking is if Berman rules in favor of Brady, does that automatically remand it back to Goodell and the NFL for another try?  Or can he simply say no penalty, end of discussion?
 
This is addressed in literally the first post in the law thread.
 

djbayko

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mwonow said:
 
Is that Woodward and Bernstein's music I hear?
 
You'd think there'd be enterprising investigative journalists out there with some motivation...
You need a Deepthroat or those enterprising journalists can't do any more damage than is being done today.

I'd love for it to happen, but the Ray Rice case was begging for it, and it never came to fruition.
 

mwonow

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djbayko said:
You need a Deepthroat or those enterprising journalists can't do any more damage than is being done today.

I'd love for it to happen, but the Ray Rice case was begging for it, and it never came to fruition.
 
There's gotta be someone in NFL HQ who thinks the brass is on a train to cluster-dom. If the notoriously paranoid Nixon had a mole in his midst...
 

bakahump

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I still fail to see why the phone is a big deal.
 
I think that Big Sox Fan, Gerhig38 and Omars Whacky Neighbor are hatching some elaborate plot. I think they are using their phones to to orchestrate meetings about the conspiracy or to develop and implement the plan itself.
 
I receive both Big Sox Fan and Omars phone and find no evidence in the form of specific texts of a plot with G38.
 
I then demand G38s phone?  Why?  If I have irrefutable proof that he did not talk to BSF and OWN via phone (IOW the lack of communications on THE EMPLOYEE PHONES) why do I need G38s?
 
Phones work both ways guys.  There wouldnt be a record on G38s phone without a corresponding record on BSFs or OWNs.
 
Unless the NFL thinks that there is a bigger conspiracy with some missing link who relayed the messages.  Even then there has been no mention of "Texts from a 3rd party who seems to be relaying Mr. Bradys instructions."
 
The phone is a non starter.
 

wade boggs chicken dinner

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ivanvamp said:
 
I guess what I'm asking is if Berman rules in favor of Brady, does that automatically remand it back to Goodell and the NFL for another try?  Or can he simply say no penalty, end of discussion?
 
You're asking a question that doesn't make sense. 
 
First of all, assuming Berman were to rule for TB, no matter what he does, it's not the end of the discussion as the NFL can appeal.
 
Second of all, even if Berman were to say, "The NFL got every single thing wrong and I've never seen any one act in such bad faith," there is nothing to stop Goodell from trying to do something else.  I'm sure if he did, the NFLPA would appeal that as well, but Berman can't force Goodell not to do anything.  For example, Goodell could put Brady on the exempt list while the appeal is pending.
 
Finally, if Berman did something outrageous like say, "The CBA stinks; I'm voiding Article 46," the NFL would appeal, Berman would get reversed, and the NFL could do more things.
 
There is a process here and it's already been established how a victory by a player is likely to play out.  What more information do you need than that?
 

mwonow

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Nick Kaufman said:
 
As I read this, I realized that this case isn't about a crime in need of a punishment, but a punishment in search of a crime.
 
QFT. And this is what made Berman's questioning yesterday so interesting - he was looking for some evidence of wrongdoing. Meanwhile, the NFL would prefer to avoid all this talk of needing evidence to establish culpability, relying instead on repeating, over and over, "under CBA RG can do whatever he wants."
 
Bah. If there's any justice to be had, TB12 walks with nothing more than a fine.
 

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RedOctober3829 said:
Michael McCann mentioned something this morning on SiriusXM's "Morning Men" that I haven't heard before.  I don't know that it is true either.  He said that even if Berman vacates this suspension that the NFL can go ahead and try to suspend him under different pretenses.  Would this be true and if true what else could the NFL suspend him for?  That would be ridiculous.
 
Procedurally, it does go back to Goodell.  However, he is highly constrained as a practical matter.   He can try and suspend Brady within the constraints of the ruling here.
 
If you are asking about suspending him for something wholly different, just to punish him, it is true that NFL can try to do that.  Brady and NFLPA might really consider defamation or other litigation there (depending on what the other suspension was for), and most importantly the NFLPA would go ballistic, and the matter would almost surely end up back before Judge Berman.  Who would likely fry Goodell to a crisp in the first hearing on the matter, and might threaten the NFL with contempt.
 
I would think the NFL's outside counsel would be able to convince even RG that this is a path to self-destruction.   The chances that Berman does something really harmful to NFL---like an injunction against them imposing any player discipline without his prior approval---is material if they try something like that.
 

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djbayko said:
You think Berman will include an opinion on whether JJ / JM did anything when they aren't even parties to the case?
 
I'm not saying he would, I'm asking if he could. And focusing on the fact that Brady can not be guilty if nothing ever happened to the balls.
 

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wade boggs chicken dinner said:
 
You're asking a question that doesn't make sense. 
 
First of all, assuming Berman were to rule for TB, no matter what he does, it's not the end of the discussion as the NFL can appeal.
 
Second of all, even if Berman were to say, "The NFL got every single thing wrong and I've never seen any one act in such bad faith," there is nothing to stop Goodell from trying to do something else.  I'm sure if he did, the NFLPA would appeal that as well, but Berman can't force Goodell not to do anything.  For example, Goodell could put Brady on the exempt list while the appeal is pending.
 
Finally, if Berman did something outrageous like say, "The CBA stinks; I'm voiding Article 46," the NFL would appeal, Berman would get reversed, and the NFL could do more things.
 
There is a process here and it's already been established how a victory by a player is likely to play out.  What more information do you need than that?
 
Berman could enjoin Goodell from imposing any discipline on Brady without his prior approval (obviously only in theory, I see no chance that's actually the end point).  And procedurally he'd probably need a motion for that.
 

PaulinMyrBch

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There is also a possibility that Berman vacates and sends it back with instructions that Goodell is so involved in this issue that he can no longer act in an impartial capacity and as such require an independent and impartial arbitrator to decide the case. 
 
Keep in mind even though Goodell is not "independent", he is supposed to be "impartial" when he hears and decides these issues. He specifically hasn't figured out the difference, but I figure the board will figure it out. 
 

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PedroKsBambino said:
 
Procedurally, it does go back to Goodell.  However, he is highly constrained as a practical matter.   He can try and suspend Brady within the constraints of the ruling here.
 
If you are asking about suspending him for something wholly different, just to punish him, it is true that NFL can try to do that.  Brady and NFLPA might really consider defamation or other litigation there (depending on what the other suspension was for), and most importantly the NFLPA would go ballistic, and the matter would almost surely end up back before Judge Berman.  Who would likely fry Goodell to a crisp in the first hearing on the matter, and might threaten the NFL with contempt.
 
I would think the NFL's outside counsel would be able to convince even RG that this is a path to self-destruction.   The chances that Berman does something really harmful to NFL---like an injunction against them imposing any player discipline without his prior approval---is material if they try something like that.
 
I just want to second this.  If Berman vacated the decision and then Goodell suspended Brady under some new pretense (and did so inconsistently with the decision) or if Goodell put Brady on some funky exempt list the NFL would get annihilated.
 

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bakahump said:
I still fail to see why the phone is a big deal.
 
I think that Big Sox Fan, Gerhig38 and Omars Whacky Neighbor are hatching some elaborate plot. I think they are using their phones to to orchestrate meetings about the conspiracy or to develop and implement the plan itself.
 
I receive both Big Sox Fan and Omars phone and find no evidence in the form of specific texts of a plot with G38.
 
I then demand G38s phone?  Why?  If I have irrefutable proof that he did not talk to BSF and OWN via phone (IOW the lack of communications on THE EMPLOYEE PHONES) why do I need G38s?
 
Phones work both ways guys.  There wouldnt be a record on G38s phone without a corresponding record on BSFs or OWNs.
 
Unless the NFL thinks that there is a bigger conspiracy with some missing link who relayed the messages.  Even then there has been no mention of "Texts from a 3rd party who seems to be relaying Mr. Bradys instructions."
 
The phone is a non starter.
I didn't realize Wells had access to the phones of everyone Brady talked to.
 

HowBoutDemSox

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Isn't Goodell's willful non-adherence to a federal judge's order regarding player discipline the subject of a contempt hearing before Doty today?
 

wade boggs chicken dinner

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TheoShmeo said:
One possible outcome is that Berman enjoins the imposition of the penalty pending a trial on the merits where facts such as whether Brady was actually aware of and participated in the deflation of balls before the Colts game are explored.
 
Curious - on what grounds would Berman have for further fact-finding?  Not my area of law, but I thought it was pretty clear that the District Court had to accept the findings of fact unless clearly erroneous and could not be a fact-finder?
 
Also, the fact that the parties agreed to have the decision based solely on the arbitration record makes it less likely that any thing like a trial on the merits could happen I would think.
 

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djbayko said:
I didn't realize Wells had access to the phones of everyone Brady talked to.
So you think that there is another "layer" that the NFL has not bothered to mention?
 
You dont think they would bring that up?  "While there are no communications between Mr. Brady and the Patriots staff regarding inflation levels.....there was some correspondence between Mr. Bradys good friend and confidant Bakahump and the staff. We wanted Mr. Bradys phone to verify if he asked Bakahump to instruct the Patriot Staff about footballs levels."
 
And obviously they have a code of some sort.  I mean its not like they have said "We checked the phone.....nothing from Brady asking to lower the PSI....but there was something from someone named Bakahump saying "hey go lower then 12.5".  As it wasnt from Tom....we ignored it."
 
The point is that if you think the balls where deflated and that Tweedle dee and Tweedle dum did it on instructions from someone....then its really only their phones that matter.
 
Hell if he gave them the phone and they found nothing,  the next thing that someone would claim is that TB and the the knuckleheads must have had burner phones!
 
So if you decide that they NEED TBs phone.....
then we need a code for the plan.
A third party to act as middle man.
and possibly burner phones to make this all work.
 

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wade boggs chicken dinner said:
 
Theoretically, it's possible.  When Doty overturned the Peterson decision, his ruling was to "vacate the arbitration award" and remand back for further proceedings consistent with the CBA.  So theoretically, yes, Brady award could be vacated and further disciplinary proceedings could occur.
But it is instructive to note that the NFL did not further discipline Peterson while seeking an appeal of Doty's ruling.
 
 
It is overwhelmingly likely that Berman's actual order will either uphold or vacate/remand.
That being said, judges can really do or write whatever they want so his reasoning could be an attempt to reach farther than the decision, but I personally think that is unlikely on these set of facts.
 
Otoh, Peterson had already missed a full season so I think the league would generally be less inclined to go straight back to the discipline well in that case. Plus they eventually had bigger fish to fry.  <_<  
 
I don't think that necessarily means they would make such a misguided attempt in this case but I'm done thinking rationality will prevail at any point in this exercise as long as the league has a say.
 

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Wade, good points. 
 
My thought is that Berman could have a status conference with the parties where he says I cannot rule without more development of the record.  That would be highly unorthodox and unusual, and while I do litigate in my bankruptcy practice, I involve actual litigators when it comes to procedural issues or other nitty gritty litigation matters.  So it's possible that I am dreaming and the scenario I envisioned would not come up.  That said, Berman's questions yesterday raised the possibility in my mind.  I stand ready to be disabused of this notion if it's off base.
 

djbayko

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bakahump said:
So you think that there is another "layer" that the NFL has not bothered to mention?
 
You dont think they would bring that up?  "While there are no communications between Mr. Brady and the Patriots staff regarding inflation levels.....there was some correspondence between Mr. Bradys good friend and confidant Bakahump and the staff. We wanted Mr. Bradys phone to verify if he asked Bakahump to instruct the Patriot Staff about footballs levels."
 
And obviously they have a code of some sort.  I mean its not like they have said "We checked the phone.....nothing from Brady asking to lower the PSI....but there was something from someone named Bakahump saying "hey go lower then 12.5".  As it wasnt from Tom....we ignored it."
 
The point is that if you think the balls where deflated and that Tweedle dee and Tweedle dum did it on instructions from someone....then its really only their phones that matter.
 
Hell if he gave them the phone and they found nothing,  the next thing that someone would claim is that TB and the the knuckleheads must have had burner phones!
 
So if you decide that they NEED TBs phone.....
then we need a code for the plan.
A third party to act as middle man.
and possibly burner phones to make this all work.
No, not another layer so to speak. The NFL was hoping to find him talking about deflation with anyone else. I'm not saying that's right or wrong, but if you accept that is the NFL's position, then they didn't necessarily have access to all of the communications without Brady's phone.

Edit: And obviously there is a legitimate legal debate as to whether the CBA allows for access to a player's phone, but that's not the question at hand here.
 

Captaincoop

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Jul 16, 2005
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So Brady was supposed to turn over to the NFL all of his communications so that NFL staff members could fish through all of his texts and emails from the last year and try and find anything he said to anyone that might possibly be about this issue?
 
And also trust them not to leak anything else that might be personal or somehow damaging even though unrelated to the matter at hand?
 
Reasonable.
 

uncannymanny

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Even though I think it's great that these guys' privacy has been respected, I find it shocking that no reporter has tried to shake down the Dorito Dink twins for info.
 

Smiling Joe Hesketh

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uncannymanny said:
Even though I think it's great that these guys' privacy has been respected, I find it shocking that no reporter has tried to shake down the Dorito Dink twins for info.
 
Well they did: they were camped out at McNally's house for a while when the story first broke. He told them to piss up a rope and hasn't said anything since. So there's likely no reason for them to keep trying to dig at him.
 

rodderick

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Smiling Joe Hesketh said:
 
Well they did: they were camped out at McNally's house for a while when the story first broke. He told them to piss up a rope and hasn't said anything since. So there's likely no reason for them to keep trying to dig at him.
 
The fact that a guy who apparently at some point had an axe to grind with Brady for being too demanding with ball prep hasn't given the press anything regarding this case, even when hounded, tells me he very likely has nothing to hide there. 
 

CantKeepmedown

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Well, my friend Gary T told me that the DD twins are being handsomely paid by the Pats (or Brady himself) to keep quiet.  Once that stops, TMZ will be the first to know.  
 

joe dokes

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So Brady was supposed to turn over to the NFL all of his communications so that NFL staff members could fish through all of his texts and emails from the last year and try and find anything he said to anyone that might possibly be about this issue?
 
And also trust them not to leak anything else that might be personal or somehow damaging even though unrelated to the matter at hand?
 
Reasonable
 
I don't think your characterization matches the facts.
 
Regardless of whether you think the request itself was in any way legitimate, I think the NFL's request was circumscribed quite a bit. Something along the lines of "You don't actually have to hand the phone over.  Yee can do the search (hire someone to do it); please search these words (or have them searched) and send us the results. We'll trust that you will do this in good faith."
 
So while there's disagreement over whether ANY request is legit, I think the idea that they wanted the (physical) phone itself is wrong.