I don't get it. How can Brady appeal if he is not complying with the investigation?
It's like him saying " I'm totally innocent.... But don't check my phone records or emails ".
That is the one thing that will truly set him free if he complies and is found clean.
It's like getting pulled over and refusing a breathalyzer. Him refusing is not allowing them to prove his innocence too.
I think he'll probably start with them not proving his guilt.
Then he will calmly explain that he shouldn't have to hand over his personal information and the NFLPA will agree with them, as they have in the past with others.
Of course they did not have to prove his guilt, no matter your misunderstanding of the terms "prove" or "guilt". Whether they sustained their burden of showing by a preponderance of the evidence that Brady was culpable for participation in, or conspiracy to break a rule is the question, and one readily answered. Further, they will have to show that the League abused its substantial discretion and acted arbitrarily and capriciously, or with actual malice, when it acted to enhance the punishment to protect the collective integrity of the game and the League.
Next, the NFLPA will not be hearing the matter, though they may represent Brady. The matter will be heard by the League, or an independent arbitrator. The NFL should do well in front of either. Many presume otherwise based on scenarios where both the criminal and civil courts also had jurisdiction. This matter is an offense directly against the League and not the criminal or civil authority. Only the League can vindicate and correct this situation. Most supposed precedents are out the door. Wife beating, child beating, rape, DUI, those precedents are not comparables for this situation no matter haw much some wish they were. The comparables are Spygate, Bountygate, Noisegate, and a few others.
I do not see this matter ever getting to Federal Court, and the ever helpful to the players Judge David Doty. To stand before the Federal bench asking for equity one must approach with clean hands. The Patriots and Brady are quite sullied. Further, in any Federal action their would be substantial discovery, interrogatories, subpoenas ad testificandum and subpoenas duces tecum demanding sworn testimony and production of records. There you do not get to speak non-responsively without being sanctioned. There you have to produce documents or suffer penalty. There, if you do not testify under oath, or testify falsely or evasively adverse inference can and will be drawn therefrom. Nope, Brady, his load mouth and un-cautious Agent, and the Pats do not want to be in Federal Court.
The federal court, of course, would not force Brady to hand over his phone. They would, however, tailor an order more or less as Ted Wells offered to limit and protect his information which would be turned over to the court for an in camera hearing before pretty much everything Wells originally asked for would be turned over. Finally, the Pats and Brady cannot possibly risk what Frick and Frack, the Deflator Duo might say under oath in Federal Court.