I long ago had my say about the merits of this show. It is what it is, and you either like it or you don't.
But nobody -- not even these two-- is entitled to his own facts. Opinions yes; facts no. So rather than retreat to the NFL forum; it probably makes sense to borrow from it in advance of the approaching tsunami. Points made there, convincingly:
1. TB's supposed downside risk in federal court is uninformed and exaggerated, as noted by T and A above. This proceeding will not resemble a trial; it will far more closely resemble the review of an administrative decision. This means that whatever issues from Goodell will be evaluated under applicable legal principles based on the record the NFL has compiled, which includes TB's arguments on the appeal before Goodell.
This the NFL and team Brady will almost certainly agree on; indeed, it may be the only point they agree on. This means that TB almost will certainly not be required to turn over his cell records or be deposed. The "story" really can't get much worse for him.
Realistically, the worst thing that could happen is that a federal judge will announce "the NFL got it right" and affirm the suspension. Indisputably, a federal judge cannot increase whatever penalty will be forthcoming from RG on the appeal.
Could this leave the tracks in an unimaginable way? I suppose. But litigants do not assume they will draw a raging lunatic as a judge, much less a federal judge. Nor should they.
2. The "distraction" argument has no merit. I can tell you based on experience that TB's federal court complaint is drafted, as are his motion papers. His legal strategy has been formulated, and all of this stuff simply await tweaking based upon the ruling, and its wording, that ultimately will issue from the NFL. To the extent TB's input was required on these things, it has been provided. Because of the nature of the proceeding -- see 1 above -- there will be no "trial" he has to sit through, no deposition or courtroom testimony he has to provide. I would recommend that he show up on day 1 to look the judge in the eye to persuade him or her that he cares about this case. But that's about it. Ninety per cent of what is demanded of TB in this case has probably been provided; much of it occurred to prepare for and participate in the Goodell hearing.
Besides, much as CEOs and Board Chairs are expected to and do multi-task, so too Hall of Fame QBs; it goes with the territory.
3. The "schedule" argument is hypothetical and overblown. "Oh, but if Tom fights, he may have to sit in November, December or -- "gasp" -- playoff games." I'll steer you to BBTL for the evisceration of this one, but the important facts are these (I) the case could effectively be over in August if TB is denied injunctive relief; if that happens, he will simply serve whatever is handed down, beginning game 1; (ii) if TB is granted injunctive relief, that bodes pretty well for his ultimate success on the merits; (iii) TB has some degree of control over the schedule and complete control over folding his hand if he determines that is the right thing to do. And then there is the probably mistaken premise that regular season games early in the season count less than those at the end.
