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Brady Suspended 4 Games (1 Viewer)

So, can someone with more legal knowledge than I have, explain this?

Can/will Brady/the NFLPA appeal this decision?  If so, will he be able to get any kind of injunction and play until any such appeal is decided?

 
Here we go again!  :popcorn:

For Brady owners, this is actually awesome cause you guys get the benefit of "Angry Tom" and the pissed off Patriots again.

 
Native said:
This is so stupid. And I cant stand the Patriots. 
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Eh.  Look at it like this:  Some guy robs your house.  He later gets hit by a car.

Now, he wasn't punished for robbing your house, but all's well that ends well, right?

Pats fans get to play the victim, everyone wins.  

 
MattFancy said:
Feel the same way. Can't believe the NFL just didn't let it go after the original hearing. Glad we're all still talking about this.
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At this point, I don't think it has anything to do with whether or not NE did/did not deflate footballs in the AFCC, or previously.

They are using the legal system to solidify their position, with regards to the CBA.  If they allowed the "win" for Brady to stand, there would be precedent for every future player who is disciplined to attempt to challenge the system.  IMO, this was more about protecting Goodell/NFL's ability to discipline players than about punishing Brady/NE (any more than they already have).

 
Bayhawks said:
At this point, I don't think it has anything to do with whether or not NE did/did not deflate footballs in the AFCC, or previously.

They are using the legal system to solidify their position, with regards to the CBA.  If they allowed the "win" for Brady to stand, there would be precedent for every future player who is disciplined to attempt to challenge the system.  IMO, this was more about protecting Goodell/NFL's ability to discipline players than about punishing Brady/NE (any more than they already have).
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Exactly.  Players would be taking every infraction to court just for the sake of getting it tossed out by the courts.  The CBA exists to prevent this from happening.  The first appeal should have upheld the suspension in the first place.

 
Burl said:
Exactly.  Players would be taking every infraction to court just for the sake of getting it tossed out by the courts.  The CBA exists to prevent this from happening.  The first appeal should have upheld the suspension in the first place.
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Not according to the Chief Justice of the Appeals court who wrote a VERY strong dissent about the utter lack of due process in this case. Calling it cut/dried when two out of four judges who heard this case/appeal see it differently is pretty naïve.

 
Workhorse said:
Not according to the Chief Justice of the Appeals court who wrote a VERY strong dissent about the utter lack of due process in this case. Calling it cut/dried when two out of four judges who heard this case/appeal see it differently is pretty naïve.
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What is the purpose of the CBA then if you are allowed to appeal to the courts when something within it (that you negotiated for mind you) doesn't go your way?  The Player's Union gave Goodell the ability to punish players with WIDE discretion.  That wide discretion leaves a lot of room for interpretation.  They have no one to blame but themselves for this.

 
Burl said:
What is the purpose of the CBA then if you are allowed to appeal to the courts when something within it (that you negotiated for mind you) doesn't go your way?  The Player's Union gave Goodell the ability to punish players with WIDE discretion.  That wide discretion leaves a lot of room for interpretation.  They have no one to blame but themselves for this.
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Because, from a legal perspective, "WIDE discretion" does not mean UNLIMITED discretion. Which is why 50% of the judges who heard this case believed that Goodell exceeded his authority under the CBA.

 
Noooo, why couldn't the Steelers play them week 4 instead of week 7!?!  It would have been sweet retribution for the suspension being lifted last year before our week 1 game.

 
Workhorse said:
Because, from a legal perspective, "WIDE discretion" does not mean UNLIMITED discretion. Which is why 50% of the judges who heard this case believed that Goodell exceeded his authority under the CBA.
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Unfortunately, courts don't work like that...

 
Equating the use of stickum with a conspiracy to steal the balls from the ref's locker room and deflate them after they've been inspected strikes me as a really ####ty argument.

"Sure four people were shot to death, but the death penalty is unjust in light of that guy over there using an unlicensed gun for target practice."

 
I'm not a Pats fan, but this just annoys me.

I hope they start 4-0 with Garapollo.

 
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50% of the judges, lol

the lower court ruling was so bad and obnoxiously wrong that I can't believe it ever got to this point. 

 
travdogg said:
I'm not a Pats fan, but this just annoys me.

I hope they start 4-0 with Garapollo.
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No you don't.  No one should have to be exposed to the vomit inducing gloating that every pats fan would be doing if this happened.  

My wish:

1-3 start.  Brady comes back with a vengeance, wins three in a row,  gets ACL rolled into, Garapolo back in and goes 3-6 and they finish 7-9 with a new era begun.  Jets ruling of the East begins.  

 
Capella said:
50% of the judges, lol

the lower court ruling was so bad and obnoxiously wrong that I can't believe it ever got to this point. 
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Says random internet guy. On the other hand, the Chief Justice of the 2nd Court of Appeals, who kinda knows a thing or two about the law, agreed with the lower court ruling.

 
Workhorse said:
Says random internet guy. On the other hand, the Chief Justice of the 2nd Court of Appeals, who kinda knows a thing or two about the law, agreed with the lower court ruling.
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Keep counting up what judges voted for what like this is a boxing card and get back to me with how that works out. 

 
ESPN article said they can petition for a rehearing in front of same panel then the entire 2nd circuit court, or take appeal to supreme court.

 
Greg Russell said:
ESPN article said they can petition for a rehearing in front of same panel then the entire 2nd circuit court, or take appeal to supreme court.
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 They can't just take it to the Supreme Court. They can petition for certiorari and will likely be denied. 

 
I don't like that this has taken so long. I don't think that is in the spirit of the CBA. There does need to be a so called ruler in charge to protect the integrity of the game. People get carried away, even Goodell gets carried away, with this but that person/position does need to be in place.

I hate the precedent that this sets moreso than if anyone is right or wrong. I don't want to hear about a possible suspension for a year or two. Someone either is or isn't, make a decision and move on. I gloss over Gordon articles for this reason- I could care less when the author rehashes everything and I was that way with Moss and Britt and Pacman and...it's not fun for me as a fan. I think it's gotta be bad for the league too and they  always need to be trying to control negative image issues.

I am still very angry that these tweets are true- Some have pointed out Goodell can now ask for your phone or send someone to pickup your phone at a moment's notice. Gigantic pandora's box opened there. What's our future then? Goodell sees some hot wife's nude pics and player is livid with him? Player insults coach o his brother by text for being all over him in practice? They can't "vent" to their brother? Coach sends text "Happy Birthday" to former player and since that's contact it's tampering? All sorts of oh just make this stop feelings come from the idea of a commish being able to get at a phone now.

I don't like that Aaron Rodgers, Joe Montana, Simms too? Young? all these former n current players do prefer the ball a certain way and that wasn't addressed at all.

"The OMG they never would have won" has been overblown since day one.

I think if this were a smaller fine and a smaller suspension it would have been done with already. It's presented like the biggest fine in the history of football a first, four games, million (?) bucks. WIthout even offering an opinion if Brady is wrong but assuming he is- it's not the worst thing that ever happened

"Send a message" to who? They changed the rules about the balls and whom watches /guards them to make sure this never happens again.

It has not been smooth. It should be Rice you hit your wife, you're suspended. Gordon you appeared on the cover of High Times, you're suspended.

ADPs issue with "switches" and disciplining children and spanking and...that set off a ton of disagreements on what's appropriate and clearly parts of our country have different views. If he appealed that as much as Brady or in the way Brady n Pats did, we would still be discussing it. It'd be an issue for the next five years. You're not going to get country club people in Rhode Island to agree "switches" are OK, nor are you going to get Texas people to believe in "a stern timeout." That case would never end.

I think the owners need to tell Goodell he needs to make it quick n dirty in the future. The NFLPA needs to not sign a CBA if it doesn't have something in there about privacy of players and their phones; to end that tangent. Pats n Brady need to take it. We need to move on.

 
Bri said:
I am still very angry that these tweets are true- Some have pointed out Goodell can now ask for your phone or send someone to pickup your phone at a moment's notice. Gigantic pandora's box opened there. What's our future then? Goodell sees some hot wife's nude pics and player is livid with him? Player insults coach o his brother by text for being all over him in practice? They can't "vent" to their brother? Coach sends text "Happy Birthday" to former player and since that's contact it's tampering? All sorts of oh just make this stop feelings come from the idea of a commish being able to get at a phone now.
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I do not know whose tweets and comments you are referring to here. But not a single comment in this paragraph seemed likely to me to be valid or realistic. 

Happy Birthday happens all the time and doesn't get hit for tampering and that won't change so is silly to worry about.

Brady had option to say phone contained nothing related without turning it over, would not. Had option to only turn over what related, did not. Then destroyed phone. Again, silly to take one man refusing to address his communications when not required to share non related personal stuff to mean people now have to share all personal stuff.

 
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jmo87usc said:
No you don't.  No one should have to be exposed to the vomit inducing gloating that every pats fan would be doing if this happened.  

My wish:

1-3 start.  Brady comes back with a vengeance, wins three in a row,  gets ACL rolled into, Garapolo back in and goes 3-6 and they finish 7-9 with a new era begun.  Jets ruling of the East begins.  
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You are a complete loser.  There are lots of players I cannot stand but I never hope they get an ACL blown out.

What a complete ####head.

 
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Bri said:
I am still very angry that these tweets are true- Some have pointed out Goodell can now ask for your phone or send someone to pickup your phone at a moment's notice. Gigantic pandora's box opened there. What's our future then? Goodell sees some hot wife's nude pics and player is livid with him? Player insults coach o his brother by text for being all over him in practice? They can't "vent" to their brother? Coach sends text "Happy Birthday" to former player and since that's contact it's tampering? All sorts of oh just make this stop feelings come from the idea of a commish being able to get at a phone now.
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Who are these people who've pointed out that "Goodell can now ask for your phone or send someone to pickup your phone at a moment's notice?"

Because these people are either misinformed, or just plain ignorant, b/c that's not what happened.

Brady was asked to share any electronic communications on his phone that had to do with deflategate, deflating footballs, etc.  He was never asked to turn his phone over.  He refused to share those electronic communications (giving the impression that he was hiding something), then destroyed the phone, making those electronic communciations irretrievable.

 
Bayhawks said:
Who are these people who've pointed out that "Goodell can now ask for your phone or send someone to pickup your phone at a moment's notice?"

Because these people are either misinformed, or just plain ignorant, b/c that's not what happened.

Brady was asked to share any electronic communications on his phone that had to do with deflategate, deflating footballs, etc.  He was never asked to turn his phone over.  He refused to share those electronic communications (giving the impression that he was hiding something), then destroyed the phone, making those electronic communciations irretrievable.
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Why did you change the tense in your reply? I never said that's what happened, never. You clearly point out that I said in the future and then ramble about the past.

I never said that

 
Greg Russell said:
I do not know whose tweets and comments you are referring to here. But not a single comment in this paragraph seemed likely to me to be valid or realistic. 

Happy Birthday happens all the time and doesn't get hit for tampering and that won't change so is silly to worry about.

Brady had option to say phone contained nothing related without turning it over, would not. Had option to only turn over what related, did not. Then destroyed phone. Again, silly to take one man refusing to address his communications when not required to share non related personal stuff to mean people now have to share all personal stuff.
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Yeah I carried on a bit, for sure

https://twitter.com/search?q=goodell%20phone&src=typd

There's plenty others but check out Aaron Schatz and Daniel Wallach. 

I'm not asking you to scroll all day, just quick scan a few pages please

 
Spike said:
You are a complete loser.  There are lots of players I cannot stand but I never how they get an ACL blown out.

What a complete ####head.
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Case in point.  I make a joke about the torture of being a Jets fan in the Brady era, you respond by calling me a loser and a "something head" (I'm dying to know what)

Now imagine the responses from this guy if Garoppolo goes 4-0.  Unbearable.  If you are 12 years old, I forgive your rash, insensitive response.  I'll survive.

 
Bri said:
Why did you change the tense in your reply? I never said that's what happened, never. You clearly point out that I said in the future and then ramble about the past.

I never said that
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My assumption (since I was reading this thread about Brady being suspended for 4 games) when you referred to "Goodell can now ask for your phone or send someone to pickup your phone at a moment's notice,"  was that you were referencing that fact that Brady destroyed his cell phone.  If that assumption was incorrect, I apologize. 

If you wouldn't mind, could you please explain what you were referring to that would lead you to believe that "Goodell can now ask for your phone or send someone to pickup your phone at a moment's notice?"

 
Bayhawks, a few up, reply to Greg

try and paste some- it's not easy since they changed board settings

https://twitter.com/scotty_bales/status/724652324220768256

https://twitter.com/FO_ASchatz/status/724644450971049985

https://twitter.com/FO_ASchatz/status/724651629950185475

https://twitter.com/ZachOlson44/status/724629503943819264

PDFs

https://twitter.com/WALLACHLEGAL/status/707318188317515778

https://twitter.com/WALLACHLEGAL/status/707312609947742208

https://twitter.com/the_eskimo_spy/status/724642642072600576

https://twitter.com/pedroiar/status/724635454310633473

https://twitter.com/Coondawg68/status/724631221175721984

And this is just amusing

https://twitter.com/the_eskimo_spy/status/714865609633345537

This is probably about your thinking or similar-

Didn't copy right, Andrew Brandt-  Justices Parker and Chin both made points that Goodell did not increase suspension when found out about destroyed phone. Surprising to hear.

Matt ChathamVerified account ‏@chatham58  Mar 3
@JL_Smith91 There are no obligations 2 provide a phone in CBA. None. Con by Goodell after Wells statement 2 TB. Don't be influenced by a con
There's more like Max Stendahl. My timeline reads like a few said the beginning and it's been debated all day, whether or not Goodell now has the right to cellphones. Some lawyers debating, not just shmoos yakking it up. Good sides to each argument

 
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petekrum said:
I would be shocked.
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I guess I'm just assuming that by now he's adept at making those short passes that have become the staple of the Pats passing game. I also only see one terribly difficult game on that schedule @ Arizona. If he gets by that game I could see him beating some average to below average teams at home. That first one will be difficult though.

 
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