What's new
Fantasy Football - Footballguys Forums

This is a sample guest message. Register a free account today to become a member! Once signed in, you'll be able to participate on this site by adding your own topics and posts, as well as connect with other members through your own private inbox!

Patriots being investigated after Colts game (5 Viewers)

Percent of NFL teams actively trying to steal play sheets?

  • 0%

    Votes: 90 33.0%
  • 25%

    Votes: 91 33.3%
  • 50%

    Votes: 19 7.0%
  • 75%

    Votes: 16 5.9%
  • 100%

    Votes: 57 20.9%

  • Total voters
    273
The NFLPA just slapped around Troy Vincent like he was a worthless person. This is why you dont want lawyers in on this, because it wont matter the facts of Deflategate they will attack the process and win.

The NFL is about to be destroyed and this will be the end of Goodell. In court it wont matter at all if Brady deflated balls, the process will be what is taken to court and the NFL wont stand a chance. This is why I wait for the lawyers to make their cases, especially smart ones like Kessler. I see why he is the thorn in the NFLS side. He owns them.

NFLPA@NFLPA 23m23 minutes ago
#NFLPA Notice of Appeal of Tom Brady Discipline: http://bit.ly/1cDBQWw
Two things:

The NFLPA scares the NFL about as much as I do, and

Court? This ain't going to court.
So how did the Saints get many of the Bountygate penalties overturned? Didn't they go to court . . . or was that just on straight appeal? Also, their case took well over a year to be heard and adjudicated. How did they manage that?

People seem to think the Pats won't take this to court because Brady will have to turn over his phone/texts/emails and the two ball handling clowns would have to take the stand. If Brady has minimal info about Deflategate on his communications devices, why not go to court? I think his concern was that he had other personal/private information he didn't want people to have the chance to access or copy. And by the time things had devolved to Wells asking for Brady and attorney to give whatever they saw fit, Brady's team had figured out he was going to get fried with or without his texts so said why bother.

As for the other two maroons, one would think they would keep their mouths shut and they will be taken care of by the team at some point. If they just stick to what they said in their other interviews, I don't think their testimony would be much more damning than it already has.

A case could be made (if a court wanted to hear it is another matter) that the league's sanctions are far beyond the scope compared to penalties for other team's infractions. I don't know the law well enough to have any clue if a court would hear such a case.
They both changed their story multiple times. They will get hammered if they get questioned again.

One example from the report regarding the 50,000 yard ball which Jastremski texted multiple people about being the ball he got signed by Brady and he kept.

When interviewed, Jastremski appeared evasive in response to questions about receiving autographed items from Brady. Jastremski acknowledged that he asked Brady to autograph a football for him this past season, but when asked whether it was a particular or special football, Jastremski said that it was “just a general” football. In response to further questions, Jastremski said that he was only guessing that the football had been used in a game, that he did not recall the game in which the football was used, and that the football did “not really” have any special significance. When asked specifically whether he recalled that Brady crossed the 50,000 yard career milestone in October 2014, Jastremski then acknowledged that the autographed ball “was the 50,000 passing yard ball” and that it was intended to be a “minicollection item for myself.” When asked to confirm that the ball Brady autographed for him was the actual ball used by Brady to reach the 50,000 yard mark, Jastremski said that it was not the actual ball, but rather another ball used in that game, and that the Director of Security for the 56 According to Jastremski, although he would like Brady to sign a jersey, he has never asked Brady to do so and does not think people “understand the awkwardness” of asking someone at work for an autograph. In contrast, Brady said that he signs multiple autographs a day, and did not think that he had ever turned down an autograph request from anyone associated with the Patriots. 94 Patriots retrieved the actual milestone ball at the game. When confronted with the messages referenced above, Jastremski said that his statements that the autographed ball was the actual 50,000 yard football were not truthful. Jastremski said that he could not recall telling Brady that it was the actual 50,000 yard football, but wanted Brady to sign the football “as a 50,000 yard memory.”
That's all great and wonderful. Sure, the story about the 50,000 yard football is inconsistent, but what does that have to do with proving the Patriots deflated footballs after they were inspected in the AFCCG against the Colts?

 
The NFLPA just slapped around Troy Vincent like he was a worthless person. This is why you dont want lawyers in on this, because it wont matter the facts of Deflategate they will attack the process and win.

The NFL is about to be destroyed and this will be the end of Goodell. In court it wont matter at all if Brady deflated balls, the process will be what is taken to court and the NFL wont stand a chance. This is why I wait for the lawyers to make their cases, especially smart ones like Kessler. I see why he is the thorn in the NFLS side. He owns them.

NFLPA@NFLPA 23m23 minutes ago
#NFLPA Notice of Appeal of Tom Brady Discipline: http://bit.ly/1cDBQWw
Two things:

The NFLPA scares the NFL about as much as I do, and

Court? This ain't going to court.
So how did the Saints get many of the Bountygate penalties overturned? Didn't they go to court . . . or was that just on straight appeal? Also, their case took well over a year to be heard and adjudicated. How did they manage that?

People seem to think the Pats won't take this to court because Brady will have to turn over his phone/texts/emails and the two ball handling clowns would have to take the stand. If Brady has minimal info about Deflategate on his communications devices, why not go to court? I think his concern was that he had other personal/private information he didn't want people to have the chance to access or copy. And by the time things had devolved to Wells asking for Brady and attorney to give whatever they saw fit, Brady's team had figured out he was going to get fried with or without his texts so said why bother.

As for the other two maroons, one would think they would keep their mouths shut and they will be taken care of by the team at some point. If they just stick to what they said in their other interviews, I don't think their testimony would be much more damning than it already has.

A case could be made (if a court wanted to hear it is another matter) that the league's sanctions are far beyond the scope compared to penalties for other team's infractions. I don't know the law well enough to have any clue if a court would hear such a case.
They both changed their story multiple times. They will get hammered if they get questioned again.

One example from the report regarding the 50,000 yard ball which Jastremski texted multiple people about being the ball he got signed by Brady and he kept.

When interviewed, Jastremski appeared evasive in response to questions about receiving autographed items from Brady. Jastremski acknowledged that he asked Brady to autograph a football for him this past season, but when asked whether it was a particular or special football, Jastremski said that it was “just a general” football. In response to further questions, Jastremski said that he was only guessing that the football had been used in a game, that he did not recall the game in which the football was used, and that the football did “not really” have any special significance. When asked specifically whether he recalled that Brady crossed the 50,000 yard career milestone in October 2014, Jastremski then acknowledged that the autographed ball “was the 50,000 passing yard ball” and that it was intended to be a “minicollection item for myself.” When asked to confirm that the ball Brady autographed for him was the actual ball used by Brady to reach the 50,000 yard mark, Jastremski said that it was not the actual ball, but rather another ball used in that game, and that the Director of Security for the 56 According to Jastremski, although he would like Brady to sign a jersey, he has never asked Brady to do so and does not think people “understand the awkwardness” of asking someone at work for an autograph. In contrast, Brady said that he signs multiple autographs a day, and did not think that he had ever turned down an autograph request from anyone associated with the Patriots. 94 Patriots retrieved the actual milestone ball at the game. When confronted with the messages referenced above, Jastremski said that his statements that the autographed ball was the actual 50,000 yard football were not truthful. Jastremski said that he could not recall telling Brady that it was the actual 50,000 yard football, but wanted Brady to sign the football “as a 50,000 yard memory.”
That's all great and wonderful. Sure, the story about the 50,000 yard football is inconsistent, but what does that have to do with proving the Patriots deflated footballs after they were inspected in the AFCCG against the Colts?
Credibility of the two maroons.

 
The NFLPA just slapped around Troy Vincent like he was a worthless person. This is why you dont want lawyers in on this, because it wont matter the facts of Deflategate they will attack the process and win.

The NFL is about to be destroyed and this will be the end of Goodell. In court it wont matter at all if Brady deflated balls, the process will be what is taken to court and the NFL wont stand a chance. This is why I wait for the lawyers to make their cases, especially smart ones like Kessler. I see why he is the thorn in the NFLS side. He owns them.

NFLPA@NFLPA 23m23 minutes ago
#NFLPA Notice of Appeal of Tom Brady Discipline: http://bit.ly/1cDBQWw
Two things:

The NFLPA scares the NFL about as much as I do, and

Court? This ain't going to court.
So how did the Saints get many of the Bountygate penalties overturned? Didn't they go to court . . . or was that just on straight appeal? Also, their case took well over a year to be heard and adjudicated. How did they manage that?

People seem to think the Pats won't take this to court because Brady will have to turn over his phone/texts/emails and the two ball handling clowns would have to take the stand. If Brady has minimal info about Deflategate on his communications devices, why not go to court? I think his concern was that he had other personal/private information he didn't want people to have the chance to access or copy. And by the time things had devolved to Wells asking for Brady and attorney to give whatever they saw fit, Brady's team had figured out he was going to get fried with or without his texts so said why bother.

As for the other two maroons, one would think they would keep their mouths shut and they will be taken care of by the team at some point. If they just stick to what they said in their other interviews, I don't think their testimony would be much more damning than it already has.

A case could be made (if a court wanted to hear it is another matter) that the league's sanctions are far beyond the scope compared to penalties for other team's infractions. I don't know the law well enough to have any clue if a court would hear such a case.
They both changed their story multiple times. They will get hammered if they get questioned again.

One example from the report regarding the 50,000 yard ball which Jastremski texted multiple people about being the ball he got signed by Brady and he kept.

When interviewed, Jastremski appeared evasive in response to questions about receiving autographed items from Brady. Jastremski acknowledged that he asked Brady to autograph a football for him this past season, but when asked whether it was a particular or special football, Jastremski said that it was “just a general” football. In response to further questions, Jastremski said that he was only guessing that the football had been used in a game, that he did not recall the game in which the football was used, and that the football did “not really” have any special significance. When asked specifically whether he recalled that Brady crossed the 50,000 yard career milestone in October 2014, Jastremski then acknowledged that the autographed ball “was the 50,000 passing yard ball” and that it was intended to be a “minicollection item for myself.” When asked to confirm that the ball Brady autographed for him was the actual ball used by Brady to reach the 50,000 yard mark, Jastremski said that it was not the actual ball, but rather another ball used in that game, and that the Director of Security for the 56 According to Jastremski, although he would like Brady to sign a jersey, he has never asked Brady to do so and does not think people “understand the awkwardness” of asking someone at work for an autograph. In contrast, Brady said that he signs multiple autographs a day, and did not think that he had ever turned down an autograph request from anyone associated with the Patriots. 94 Patriots retrieved the actual milestone ball at the game. When confronted with the messages referenced above, Jastremski said that his statements that the autographed ball was the actual 50,000 yard football were not truthful. Jastremski said that he could not recall telling Brady that it was the actual 50,000 yard football, but wanted Brady to sign the football “as a 50,000 yard memory.”
It looks like that questioning came up because he told his mother in a text that he did get the actual gameball. I guess he was lying and trying to make himself sound like sort of a big deal to his mother. I can see why he would not want to admit that at first.

 
Last edited by a moderator:
I'm in awe at the stupidity of Goodell. What a major screw up on his part. This is exactly what I meant about the horrible way the NFL handled this, from start to finish. The guy steps all over the CBA and makes up the rules as he goes along. "Commissioner the only one who can hand down discipline for conduct detrimental? Ahh, who cares. I'll just have Troy hand down the discipline and then I'll be able to hear the appeal." The NFL is going to get their ### reamed on this one, as they should. You know it's bad when the entire focus of the Players Union appeal is on one issue and one issue only.
I don't understand why this is all the NFLPA is focusing on. As far as I know (I've read the CBA, but I'm by no means an expert), Goodell is supposed to hand out discipline, so he obviously should not have allowed Vincent to do so. That being said, there is nothing from preventing Goodell from re-issuing the discipline himself, thereby making it valid. In addition, the CBA allows Goodell to decide who hears an appeal (himself, someone he designates, or an neutral party). So, he has named himself, which is within his rights, per the CBA. I don't see anything in the CBA that would force him to recuse himself if the NFLPA does ask him to testify.

I can see it as part of a potential lawsuit in a court of law, but not as a means to win the appeal. Perhaps someone with more legal knowledge, knowledge of the CBA, or knowledge of labor law (or all 3) can provide some more insight.

 
I'm in awe at the stupidity of Goodell. What a major screw up on his part. This is exactly what I meant about the horrible way the NFL handled this, from start to finish. The guy steps all over the CBA and makes up the rules as he goes along. "Commissioner the only one who can hand down discipline for conduct detrimental? Ahh, who cares. I'll just have Troy hand down the discipline and then I'll be able to hear the appeal." The NFL is going to get their ### reamed on this one, as they should. You know it's bad when the entire focus of the Players Union appeal is on one issue and one issue only.
I don't understand why this is all the NFLPA is focusing on. As far as I know (I've read the CBA, but I'm by no means an expert), Goodell is supposed to hand out discipline, so he obviously should not have allowed Vincent to do so. That being said, there is nothing from preventing Goodell from re-issuing the discipline himself, thereby making it valid. In addition, the CBA allows Goodell to decide who hears an appeal (himself, someone he designates, or an neutral party). So, he has named himself, which is within his rights, per the CBA. I don't see anything in the CBA that would force him to recuse himself if the NFLPA does ask him to testify.

I can see it as part of a potential lawsuit in a court of law, but not as a means to win the appeal. Perhaps someone with more legal knowledge, knowledge of the CBA, or knowledge of labor law (or all 3) can provide some more insight.
That's what I'm thinking, too. As the hearing officer in the appeal, Goodell could simply tell the NFLPA that it's wrong -- appeal denied. Even if that goes to court, Goodell could just reinstate the exact same penalty himself.

That said, this is still an amateur-hour mistake on the league's part.

 
I'm in awe at the stupidity of Goodell. What a major screw up on his part. This is exactly what I meant about the horrible way the NFL handled this, from start to finish. The guy steps all over the CBA and makes up the rules as he goes along. "Commissioner the only one who can hand down discipline for conduct detrimental? Ahh, who cares. I'll just have Troy hand down the discipline and then I'll be able to hear the appeal." The NFL is going to get their ### reamed on this one, as they should. You know it's bad when the entire focus of the Players Union appeal is on one issue and one issue only.
I don't understand why this is all the NFLPA is focusing on. As far as I know (I've read the CBA, but I'm by no means an expert), Goodell is supposed to hand out discipline, so he obviously should not have allowed Vincent to do so. That being said, there is nothing from preventing Goodell from re-issuing the discipline himself, thereby making it valid. In addition, the CBA allows Goodell to decide who hears an appeal (himself, someone he designates, or an neutral party). So, he has named himself, which is within his rights, per the CBA. I don't see anything in the CBA that would force him to recuse himself if the NFLPA does ask him to testify.I can see it as part of a potential lawsuit in a court of law, but not as a means to win the appeal. Perhaps someone with more legal knowledge, knowledge of the CBA, or knowledge of labor law (or all 3) can provide some more insight.
That's what I'm thinking, too. As the hearing officer in the appeal, Goodell could simply tell the NFLPA that it's wrong -- appeal denied. Even if that goes to court, Goodell could just reinstate the exact same penalty himself.

That said, this is still an amateur-hour mistake on the league's part.
It's procedural violations like these that have led to the NFL losing all its recent appeals - Vilma, Peterson, Rice... This is how it starts. Wait until they start adding in all the other transgressions during the actual investigation.Bottom line, this is a billion dollar company being run like General Tso's Roofing Contractors, Inc. Goodell's NFL has been running roughshod over the collective bargaining agreement for years and continues to do so. His incompetence shows with all the recent rulings in high profile cases. They all get overturned. The guy's a buffoon.

 
I'm in awe at the stupidity of Goodell. What a major screw up on his part. This is exactly what I meant about the horrible way the NFL handled this, from start to finish. The guy steps all over the CBA and makes up the rules as he goes along. "Commissioner the only one who can hand down discipline for conduct detrimental? Ahh, who cares. I'll just have Troy hand down the discipline and then I'll be able to hear the appeal." The NFL is going to get their ### reamed on this one, as they should. You know it's bad when the entire focus of the Players Union appeal is on one issue and one issue only.
I don't understand why this is all the NFLPA is focusing on. As far as I know (I've read the CBA, but I'm by no means an expert), Goodell is supposed to hand out discipline, so he obviously should not have allowed Vincent to do so. That being said, there is nothing from preventing Goodell from re-issuing the discipline himself, thereby making it valid. In addition, the CBA allows Goodell to decide who hears an appeal (himself, someone he designates, or an neutral party). So, he has named himself, which is within his rights, per the CBA. I don't see anything in the CBA that would force him to recuse himself if the NFLPA does ask him to testify.I can see it as part of a potential lawsuit in a court of law, but not as a means to win the appeal. Perhaps someone with more legal knowledge, knowledge of the CBA, or knowledge of labor law (or all 3) can provide some more insight.
That's what I'm thinking, too. As the hearing officer in the appeal, Goodell could simply tell the NFLPA that it's wrong -- appeal denied. Even if that goes to court, Goodell could just reinstate the exact same penalty himself.

That said, this is still an amateur-hour mistake on the league's part.
It's procedural violations like these that have led to the NFL losing all its recent appeals - Vilma, Peterson, Rice... This is how it starts. Wait until they start adding in all the other transgressions during the actual investigation.Bottom line, this is a billion dollar company being run like General Tso's Roofing Contractors, Inc. Goodell's NFL has been running roughshod over the collective bargaining agreement for years and continues to do so. His incompetence shows with all the recent rulings in high profile cases. They all get overturned. The guy's a buffoon.
When was the last time the NFL was actually ahead of an issue. Think again of how Goodell hid under his desk while this story was running away with itself.

What's the Diamond Joe Quimby quote? "Very well. If that is the way the winds are blowing; let it not be said that I do not also blow."

Goodell delenda est.

 
I'm in awe at the stupidity of Goodell. What a major screw up on his part. This is exactly what I meant about the horrible way the NFL handled this, from start to finish. The guy steps all over the CBA and makes up the rules as he goes along. "Commissioner the only one who can hand down discipline for conduct detrimental? Ahh, who cares. I'll just have Troy hand down the discipline and then I'll be able to hear the appeal." The NFL is going to get their ### reamed on this one, as they should. You know it's bad when the entire focus of the Players Union appeal is on one issue and one issue only.
I don't understand why this is all the NFLPA is focusing on. As far as I know (I've read the CBA, but I'm by no means an expert), Goodell is supposed to hand out discipline, so he obviously should not have allowed Vincent to do so. That being said, there is nothing from preventing Goodell from re-issuing the discipline himself, thereby making it valid. In addition, the CBA allows Goodell to decide who hears an appeal (himself, someone he designates, or an neutral party). So, he has named himself, which is within his rights, per the CBA. I don't see anything in the CBA that would force him to recuse himself if the NFLPA does ask him to testify.I can see it as part of a potential lawsuit in a court of law, but not as a means to win the appeal. Perhaps someone with more legal knowledge, knowledge of the CBA, or knowledge of labor law (or all 3) can provide some more insight.
I think you hit the nail right on the head. What this does is set up the likelihood that this goes to court, which is exactly what the NFL didn't want. Courts don't normally handle CBA cases unless you have something like this, where there has been a clear violation of what was collectively bargained. In short, the NFL gave Tom Brady an inside track into getting this taken to court, where it's very possible the entire suspension could get overturned. I think the NFL is 0-3 in its last three court cases like this.
 
The NFLPA just slapped around Troy Vincent like he was a worthless person. This is why you dont want lawyers in on this, because it wont matter the facts of Deflategate they will attack the process and win.

The NFL is about to be destroyed and this will be the end of Goodell. In court it wont matter at all if Brady deflated balls, the process will be what is taken to court and the NFL wont stand a chance. This is why I wait for the lawyers to make their cases, especially smart ones like Kessler. I see why he is the thorn in the NFLS side. He owns them.

NFLPA@NFLPA 23m23 minutes ago
#NFLPA Notice of Appeal of Tom Brady Discipline: http://bit.ly/1cDBQWw
Ummm yeah, the Patriots don't want this going to court...they continue to look bad...and the NFLPA has almost zero power.

Them saying Vincent didn't have the authority does not make it so.

 
I'm in awe at the stupidity of Goodell. What a major screw up on his part. This is exactly what I meant about the horrible way the NFL handled this, from start to finish. The guy steps all over the CBA and makes up the rules as he goes along. "Commissioner the only one who can hand down discipline for conduct detrimental? Ahh, who cares. I'll just have Troy hand down the discipline and then I'll be able to hear the appeal." The NFL is going to get their ### reamed on this one, as they should. You know it's bad when the entire focus of the Players Union appeal is on one issue and one issue only.
The makes up things as he goes line is just tired and old.

He takes each case on its own merit...something he should do.

They can't have a rule and specific mandatory fine or punishment for every little thing idiots will do in this league.

NFL is not going to get reamed on this...

 
Lol, this is what it really has turned into. Getting rid of Goodell. What a thankless job this is. Lets review briefly the last 2-3 years. The NFLPA, players, and most of the talking head's complaints about the discipline are "how can the man that makes the suspension ruling also be the one hearing the appeal?" "It is a sham....etc".....

So Goodell tries to placate (and probably rightfully so from a fairness perspective) the players and NFLPA and has an appointee of the Commissioner's office levy the original suspension. Now the NFLPA comes back with "only the Commissioner can levy the penalties". It is comically really. Just shows the NFL office should just tell the NFLPA to go pound sand from this point forward and Goodell should handle all suspensions and appeals again. And refuse each appeal. NFLPA agreed to the CBA so tough.

 
The NFLPA just slapped around Troy Vincent like he was a worthless person. This is why you dont want lawyers in on this, because it wont matter the facts of Deflategate they will attack the process and win.

The NFL is about to be destroyed and this will be the end of Goodell. In court it wont matter at all if Brady deflated balls, the process will be what is taken to court and the NFL wont stand a chance. This is why I wait for the lawyers to make their cases, especially smart ones like Kessler. I see why he is the thorn in the NFLS side. He owns them.

NFLPA@NFLPA 23m23 minutes ago

#NFLPA Notice of Appeal of Tom Brady Discipline: http://bit.ly/1cDBQWw
Ummm yeah, the Patriots don't want this going to court...they continue to look bad...and the NFLPA has almost zero power.

Them saying Vincent didn't have the authority does not make it so.
right. What makes it so is the CBA, where it's in black and white that only the Commissioner can rule on punishments involving conduct detrimental. It's indisputable fact. The NFL ####ed up here - plain and simple.Goodell will probably next argue that Vincent really didn't determine the penalty after all - that he was just delivering the message. And if you read Vincent's letter to Brady it does allow for that wiggle room - in fact there's some wording in the letter that almost appears like that's exactly what was going on. But the problem is that this is not supported by all the other stuff that came out from Goodell right after the Wells Report saying that Vincent would be handling the penalty. There were public statements made, and even a written letter to the Patriots, saying clearly that Vincent was the one doling out the punishment.

Goodell walked right into this one. It's a huge procedural snaffoo that gets right to the heart of the fairness of the process. The players collectively bargained exact procedures that were to take place in circumstances surrounding punishments being levied, and the NFL totally ignored those procedures in this case. If this goes to court there is no way around this issue. I agree with you though that the Pats don't want this to go to court, so it's going to be an interesting chess match during Brady's appeal. If Goodell is smart he will cut Brady's suspension to 2 games in recognition of the fact that this could go to court, and that if he loses there again it could also mean him losing his $50 million per year job.

This whole thing is such a circus of the absurd. Very entertaining though.

 
The NFLPA just slapped around Troy Vincent like he was a worthless person. This is why you dont want lawyers in on this, because it wont matter the facts of Deflategate they will attack the process and win.

The NFL is about to be destroyed and this will be the end of Goodell. In court it wont matter at all if Brady deflated balls, the process will be what is taken to court and the NFL wont stand a chance. This is why I wait for the lawyers to make their cases, especially smart ones like Kessler. I see why he is the thorn in the NFLS side. He owns them.

NFLPA@NFLPA 23m23 minutes ago

#NFLPA Notice of Appeal of Tom Brady Discipline: http://bit.ly/1cDBQWw
Ummm yeah, the Patriots don't want this going to court...they continue to look bad...and the NFLPA has almost zero power.

Them saying Vincent didn't have the authority does not make it so.
right. What makes it so is the CBA, where it's in black and white that only the Commissioner can rule on punishments involving conduct detrimental. It's indisputable fact. The NFL ####ed up here - plain and simple.Goodell will probably next argue that Vincent really didn't determine the penalty after all - that he was just delivering the message. And if you read Vincent's letter to Brady it does allow for that wiggle room - in fact there's some wording in the letter that almost appears like that's exactly what was going on. But the problem is that this is not supported by all the other stuff that came out from Goodell right after the Wells Report saying that Vincent would be handling the penalty. There were public statements made, and even a written letter to the Patriots, saying clearly that Vincent was the one doling out the punishment.

Goodell walked right into this one. It's a huge procedural snaffoo that gets right to the heart of the fairness of the process. The players collectively bargained exact procedures that were to take place in circumstances surrounding punishments being levied, and the NFL totally ignored those procedures in this case. If this goes to court there is no way around this issue. I agree with you though that the Pats don't want this to go to court, so it's going to be an interesting chess match during Brady's appeal. If Goodell is smart he will cut Brady's suspension to 2 games in recognition of the fact that this could go to court, and that if he loses there again it could also mean him losing his $50 million per year job.

This whole thing is such a circus of the absurd. Very entertaining though.
Let's say Brady takes this court on the grounds that Goodell couldn't properly delegate authority to Troy Vincent (which strikes me as an accurate reading of the CBA) and wins. So what? Goodell comes back and reimposes the exact same penalty himself. That's a completely pyrrhic victory.

 
I'm in awe at the stupidity of Goodell. What a major screw up on his part. This is exactly what I meant about the horrible way the NFL handled this, from start to finish. The guy steps all over the CBA and makes up the rules as he goes along. "Commissioner the only one who can hand down discipline for conduct detrimental? Ahh, who cares. I'll just have Troy hand down the discipline and then I'll be able to hear the appeal." The NFL is going to get their ### reamed on this one, as they should. You know it's bad when the entire focus of the Players Union appeal is on one issue and one issue only.
The makes up things as he goes line is just tired and old.

He takes each case on its own merit...something he should do.

They can't have a rule and specific mandatory fine or punishment for every little thing idiots will do in this league.

NFL is not going to get reamed on this...
Come on dude. You are smarter than that. Have you not been paying attention? Ray Rice? AP? Vilma? Read all the lies thatTroy Vincent said to Adrian Peterson. When AP confronted him on them, he lied again. And then AP turned over the conversation that he recorded on his cell phone. Dead to rights.You can hate the Patriots and despise their cheating ways. I totally get this, and to a point I share in the sentiment. But you cannot defend the actions of the NFL with the players the last few years. It's ludicrous.

 
Anyone else think that some of the conduct penalties Goodell gives is because there is more than meets the eye.

For example:

Bountygate - Extremely harsh penalty to ban the coach and defensive coordinator. The story that was swept under the run though was the theft of a large number of Vicodin pills:

http://fifthdown.blogs.nytimes.com/2010/05/03/saints-accused-of-mishandling-prescription-drug/?_r=0

Did Goodell bring down the hammer, because he factored both in his decision?

which brings us to this case. Most people I know felt the Patriots got off lenient during Spygate. And I say lenient in the Commissioner did not release to the media what they found. By destroying the evidence, many NFL fans felt Goodell did a giant favor to Bob Kraft and the Patriots. Many people believe there was a secret deal in place...I will be lenient, but knock this crap off type of thing.

So when this story popped up and became National news, the last thing Goodell was expecting was Kraft to be asking for an apology. Egos colliding and all. Goodell is taking this appeal himself for good reason. He is going to shut this down. Having it over-turned renders him ineffective immediately (some would argue he has been that for awhile now).

 
The NFLPA just slapped around Troy Vincent like he was a worthless person. This is why you dont want lawyers in on this, because it wont matter the facts of Deflategate they will attack the process and win.

The NFL is about to be destroyed and this will be the end of Goodell. In court it wont matter at all if Brady deflated balls, the process will be what is taken to court and the NFL wont stand a chance. This is why I wait for the lawyers to make their cases, especially smart ones like Kessler. I see why he is the thorn in the NFLS side. He owns them.

NFLPA@NFLPA 23m23 minutes ago#NFLPA Notice of Appeal of Tom Brady Discipline: http://bit.ly/1cDBQWw
Ummm yeah, the Patriots don't want this going to court...they continue to look bad...and the NFLPA has almost zero power.

Them saying Vincent didn't have the authority does not make it so.
right. What makes it so is the CBA, where it's in black and white that only the Commissioner can rule on punishments involving conduct detrimental. It's indisputable fact. The NFL ####ed up here - plain and simple.Goodell will probably next argue that Vincent really didn't determine the penalty after all - that he was just delivering the message. And if you read Vincent's letter to Brady it does allow for that wiggle room - in fact there's some wording in the letter that almost appears like that's exactly what was going on. But the problem is that this is not supported by all the other stuff that came out from Goodell right after the Wells Report saying that Vincent would be handling the penalty. There were public statements made, and even a written letter to the Patriots, saying clearly that Vincent was the one doling out the punishment.

Goodell walked right into this one. It's a huge procedural snaffoo that gets right to the heart of the fairness of the process. The players collectively bargained exact procedures that were to take place in circumstances surrounding punishments being levied, and the NFL totally ignored those procedures in this case. If this goes to court there is no way around this issue. I agree with you though that the Pats don't want this to go to court, so it's going to be an interesting chess match during Brady's appeal. If Goodell is smart he will cut Brady's suspension to 2 games in recognition of the fact that this could go to court, and that if he loses there again it could also mean him losing his $50 million per year job.

This whole thing is such a circus of the absurd. Very entertaining though.
Let's say Brady takes this court on the grounds that Goodell couldn't properly delegate authority to Troy Vincent (which strikes me as an accurate reading of the CBA) and wins. So what? Goodell comes back and reimposes the exact same penalty himself. That's a completely pyrrhic victory.
You really think a court of law would make that ruling? They would more than likely dismiss the suspension than give Goodell another chance to screw it up.
 
Harvard law school professor Alan Dershowitz has been quoted as telling his students, “if the facts are your side, pound the facts into the table. If the law is on your side, pound the law into the table. If neither the facts nor the law are on your side, pound the table."

http://www.nydailynews.com/sports/football/harvery-facts-law-tom-brady-side-article-1.2223764?utm_content=buffer64f9e&utm_medium=social&utm_source=twitter.com&utm_campaign=RVacchiano+Twitter

Basically he is calling the Pats and Brady out on what they are doing. Well worth the read.

 
Anyone else think that some of the conduct penalties Goodell gives is because there is more than meets the eye.

For example:

Bountygate - Extremely harsh penalty to ban the coach and defensive coordinator. The story that was swept under the run though was the theft of a large number of Vicodin pills:

http://fifthdown.blogs.nytimes.com/2010/05/03/saints-accused-of-mishandling-prescription-drug/?_r=0

Did Goodell bring down the hammer, because he factored both in his decision?

which brings us to this case. Most people I know felt the Patriots got off lenient during Spygate. And I say lenient in the Commissioner did not release to the media what they found. By destroying the evidence, many NFL fans felt Goodell did a giant favor to Bob Kraft and the Patriots. Many people believe there was a secret deal in place...I will be lenient, but knock this crap off type of thing.

So when this story popped up and became National news, the last thing Goodell was expecting was Kraft to be asking for an apology. Egos colliding and all. Goodell is taking this appeal himself for good reason. He is going to shut this down. Having it over-turned renders him ineffective immediately (some would argue he has been that for awhile now).
I do think the severity of this punishment factors in the prior nonsense with Spygate, that the Pats are repeat offenders. The Report acknowledges that neither Belichik nor Kraft knew about the deflation, yet the team was still slapped with the harshest penalty in the history of the game.Everyone is focusing in on the Brady suspension, but the real blow here was the loss of not one, but two draft picks. That is huge. Unprecedented. It's a clear message to Kraft that he needs to change the culture within his organization.

 
I'm in awe at the stupidity of Goodell. What a major screw up on his part. This is exactly what I meant about the horrible way the NFL handled this, from start to finish. The guy steps all over the CBA and makes up the rules as he goes along. "Commissioner the only one who can hand down discipline for conduct detrimental? Ahh, who cares. I'll just have Troy hand down the discipline and then I'll be able to hear the appeal." The NFL is going to get their ### reamed on this one, as they should. You know it's bad when the entire focus of the Players Union appeal is on one issue and one issue only.
I don't understand why this is all the NFLPA is focusing on. As far as I know (I've read the CBA, but I'm by no means an expert), Goodell is supposed to hand out discipline, so he obviously should not have allowed Vincent to do so. That being said, there is nothing from preventing Goodell from re-issuing the discipline himself, thereby making it valid. In addition, the CBA allows Goodell to decide who hears an appeal (himself, someone he designates, or an neutral party). So, he has named himself, which is within his rights, per the CBA. I don't see anything in the CBA that would force him to recuse himself if the NFLPA does ask him to testify.

I can see it as part of a potential lawsuit in a court of law, but not as a means to win the appeal. Perhaps someone with more legal knowledge, knowledge of the CBA, or knowledge of labor law (or all 3) can provide some more insight.
There was a recent court case earlier this month, that said Goodell could not arbitrate certain cases. It could end up affecting the Brady appeal...

http://profootballtalk.nbcsports.com/2015/05/05/missouri-supreme-court-invalidates-commissioner-as-arbitrator/

"When it comes to employment disputes involving individuals teams, the NFL traditionally stacks the deck in its favor, forcing disgruntled employees to agree to arbitration — with the Commissioner of the league presiding. Last week, the Missouri Supreme Court delivered what could be a fatal blow to the league’s obsession with allowing a non-lawyer to make legal decisions that could be influenced by business interests unrelated to what the law requires."

"While narrow in application to the State of Missouri (which serves as the home of two NFL teams, the Rams and Chiefs), the ruling provides a blueprint for employees who hope to avoid Commissioner-resolved arbitration in the other 21 states in which the NFL does business. It also gives the NFL Players Association and the NFL Referees Association a potential hammer for challenging in court the ability of the Commissioner to continue to serve as the arbitrator over claims brought by players and game officials, respectively."

 
Last edited by a moderator:
So the NFPLA and Brady are appealing the 4 game suspension. Are the Pats appealing the fine and loss of draft picks? Can they appeal? Don't follow this mess to closely but I don't recall seeing anything like that on the Pats part.

 
Harvard law school professor Alan Dershowitz has been quoted as telling his students, if the facts are your side, pound the facts into the table. If the law is on your side, pound the law into the table. If neither the facts nor the law are on your side, pound the table."

http://www.nydailynews.com/sports/football/harvery-facts-law-tom-brady-side-article-1.2223764?utm_content=buffer64f9e&utm_medium=social&utm_source=twitter.com&utm_campaign=RVacchiano+Twitter

Basically he is calling the Pats and Brady out on what they are doing. Well worth the read.
Tom Harvey, the writer of the article is just quoting that.

 
Last edited by a moderator:
So the NFPLA and Brady are appealing the 4 game suspension. Are the Pats appealing the fine and loss of draft picks? Can they appeal? Don't follow this mess to closely but I don't recall seeing anything like that on the Pats part.
They can't appeal the team punishment, the Saints however reached out to the league to reduce penalty after Tags basically told them they colossally ####ed up with bountygate.

 
I see it ending one of two ways.

Roger feigns shock at all the shortcomings of the Wells investigation and overturns the suspension - despite approving his punishment.

Or.

The Pats take the NFL to court. Goodell loses his job. All team punishment overturned.
Pats take the NFL to court for what?
I see it ending one of two ways.

Roger feigns shock at all the shortcomings of the Wells investigation and overturns the suspension - despite approving his punishment.

Or.

The Pats take the NFL to court. Goodell loses his job. All team punishment overturned.
Pats take the NFL to court for what?
Word is, Kraft still wants his apology...

 
So the NFPLA and Brady are appealing the 4 game suspension. Are the Pats appealing the fine and loss of draft picks? Can they appeal? Don't follow this mess to closely but I don't recall seeing anything like that on the Pats part.
I don't usually follow these things, but I think I read that just the players can appeal.

Think the team's only recourse is court, but don't take my word for it

 
Regardless to how this shakes out in this case, I think the Commissioner's office has to take a stand about cooperation in an internal NFL investigation. If they don't, then it will become routine for the player's to refuse to answer to the Commissioner on any matter at all. What's the penalty for less than optimal cooperation?

I liken this to a drug screen when I worked with missiles. Your name gets pulled at work. You either submit to the test or you get fired (as they assume non-cooperation would lead to a failed test).
Pretty sure they took a stand. They took an issue that is a $25k fine in the rulebook and turned it into a four game suspension, million dollar fine, and a 1st/4th round pick.
This has been covered, ad nauseum.

The wording is: up to , BUT NOT LIMITED TO $25k fine...

And

This has much to do with not cooperating than deflating balls

I'm surprised he didn't get more games for blackballing the investigation.

 
Last edited by a moderator:
Anyone else think that some of the conduct penalties Goodell gives is because there is more than meets the eye.

For example:

Bountygate - Extremely harsh penalty to ban the coach and defensive coordinator. The story that was swept under the run though was the theft of a large number of Vicodin pills:

http://fifthdown.blogs.nytimes.com/2010/05/03/saints-accused-of-mishandling-prescription-drug/?_r=0

Did Goodell bring down the hammer, because he factored both in his decision?

which brings us to this case. Most people I know felt the Patriots got off lenient during Spygate. And I say lenient in the Commissioner did not release to the media what they found. By destroying the evidence, many NFL fans felt Goodell did a giant favor to Bob Kraft and the Patriots. Many people believe there was a secret deal in place...I will be lenient, but knock this crap off type of thing.

So when this story popped up and became National news, the last thing Goodell was expecting was Kraft to be asking for an apology. Egos colliding and all. Goodell is taking this appeal himself for good reason. He is going to shut this down. Having it over-turned renders him ineffective immediately (some would argue he has been that for awhile now).
David - just curious - you keep saying that the Pats got off easy for Spygate, which was essentially a matter of the Pats illegally videotaping defensive signals from the sidelines. If they were taping the signals from 30 feet away, it would have been legal, correct?So what would you think would be more severe, illegally videotaping signals from the sidelines, or videotaping the opponent's walk-through prior to a game? If the Pats did the latter, would you view that as more severe than videotaping from the sidelines during the game?

 
Last edited:
Suing the NFL seems the least likely outcome. That wouldn't be settled until well after Brady's retired.
You would have to destroy the CBA that the players agreed to.
Why? Vilma did it (successfully).
I wonder how the late Al Davis would have handled this if he was in the same position as the Pats are now
He'd sue, and he'd win.
Then he'd draft a track guy, a kicker, a sweat suit tailor, and follow up by moving the team to Bakersfield.
:lmao: :lmao: :lmao:

 
I'm in awe at the stupidity of Goodell. What a major screw up on his part. This is exactly what I meant about the horrible way the NFL handled this, from start to finish. The guy steps all over the CBA and makes up the rules as he goes along. "Commissioner the only one who can hand down discipline for conduct detrimental? Ahh, who cares. I'll just have Troy hand down the discipline and then I'll be able to hear the appeal." The NFL is going to get their ### reamed on this one, as they should. You know it's bad when the entire focus of the Players Union appeal is on one issue and one issue only.
The makes up things as he goes line is just tired and old.

He takes each case on its own merit...something he should do.

They can't have a rule and specific mandatory fine or punishment for every little thing idiots will do in this league.

NFL is not going to get reamed on this...
Come on dude. You are smarter than that. Have you not been paying attention? Ray Rice? AP? Vilma? Read all the lies thatTroy Vincent said to Adrian Peterson. When AP confronted him on them, he lied again. And then AP turned over the conversation that he recorded on his cell phone. Dead to rights.You can hate the Patriots and despise their cheating ways. I totally get this, and to a point I share in the sentiment. But you cannot defend the actions of the NFL with the players the last few years. It's ludicrous.
I have been...he does not take every case the exact same way and a lot of it pisses people off.

He should take each case on its own and weight everything out.

The criticism that he uses public opinion to determine things is about the only legit thing.

I don't hate the Patriots...you all have to get that arrogant attitude that anyone who believes they cheat just hates them.

I can defend quite a bit of the NFL actions...seems people who keep breaking rules have the most problems with how the NFL handles them.

https://www.youtube.com/watch?v=Zx40udwQvZI

one bit of NSFW language in there...

 
Just a spectator here. But curious. I heard on the radio yesterday while driving home that if Kessler (or is it the NFLPA) calls Goodell as a witness during the appeal that Goodell could no longer oversee the appeal. I know nothing about this stuff but I was surprised to not see any mention of it in this thread. Maybe I just overlooked it among the billion responses here? Quick google search brought me this. Carry on.

http://www.bostonherald.com/sports/patriots_nfl/new_england_patriots/2015/05/nflpa_we_will_call_goodell_as_witness_in

 
Anyone else think that some of the conduct penalties Goodell gives is because there is more than meets the eye.

For example:

Bountygate - Extremely harsh penalty to ban the coach and defensive coordinator. The story that was swept under the run though was the theft of a large number of Vicodin pills:

http://fifthdown.blogs.nytimes.com/2010/05/03/saints-accused-of-mishandling-prescription-drug/?_r=0

Did Goodell bring down the hammer, because he factored both in his decision?

which brings us to this case. Most people I know felt the Patriots got off lenient during Spygate. And I say lenient in the Commissioner did not release to the media what they found. By destroying the evidence, many NFL fans felt Goodell did a giant favor to Bob Kraft and the Patriots. Many people believe there was a secret deal in place...I will be lenient, but knock this crap off type of thing.

So when this story popped up and became National news, the last thing Goodell was expecting was Kraft to be asking for an apology. Egos colliding and all. Goodell is taking this appeal himself for good reason. He is going to shut this down. Having it over-turned renders him ineffective immediately (some would argue he has been that for awhile now).
I think this is probably exactly what happened, if the full scope of Spygate was in fact covered up (and I believe it was).

 
I'm in awe at the stupidity of Goodell. What a major screw up on his part. This is exactly what I meant about the horrible way the NFL handled this, from start to finish. The guy steps all over the CBA and makes up the rules as he goes along. "Commissioner the only one who can hand down discipline for conduct detrimental? Ahh, who cares. I'll just have Troy hand down the discipline and then I'll be able to hear the appeal." The NFL is going to get their ### reamed on this one, as they should. You know it's bad when the entire focus of the Players Union appeal is on one issue and one issue only.
The makes up things as he goes line is just tired and old.

He takes each case on its own merit...something he should do.

They can't have a rule and specific mandatory fine or punishment for every little thing idiots will do in this league.

NFL is not going to get reamed on this...
Come on dude. You are smarter than that. Have you not been paying attention? Ray Rice? AP? Vilma? Read all the lies thatTroy Vincent said to Adrian Peterson. When AP confronted him on them, he lied again. And then AP turned over the conversation that he recorded on his cell phone. Dead to rights.You can hate the Patriots and despise their cheating ways. I totally get this, and to a point I share in the sentiment. But you cannot defend the actions of the NFL with the players the last few years. It's ludicrous.
I have been...he does not take every case the exact same way and a lot of it pisses people off.

He should take each case on its own and weight everything out.

The criticism that he uses public opinion to determine things is about the only legit thing.

I don't hate the Patriots...you all have to get that arrogant attitude that anyone who believes they cheat just hates them.

I can defend quite a bit of the NFL actions...seems people who keep breaking rules have the most problems with how the NFL handles them.

In your particular case we just figure you like arguing incessantly about nonsense in every other thread -- your hate is for sunshine

 
Anyone else think that some of the conduct penalties Goodell gives is because there is more than meets the eye.

For example:

Bountygate - Extremely harsh penalty to ban the coach and defensive coordinator. The story that was swept under the run though was the theft of a large number of Vicodin pills:

http://fifthdown.blogs.nytimes.com/2010/05/03/saints-accused-of-mishandling-prescription-drug/?_r=0

Did Goodell bring down the hammer, because he factored both in his decision?

which brings us to this case. Most people I know felt the Patriots got off lenient during Spygate. And I say lenient in the Commissioner did not release to the media what they found. By destroying the evidence, many NFL fans felt Goodell did a giant favor to Bob Kraft and the Patriots. Many people believe there was a secret deal in place...I will be lenient, but knock this crap off type of thing.

So when this story popped up and became National news, the last thing Goodell was expecting was Kraft to be asking for an apology. Egos colliding and all. Goodell is taking this appeal himself for good reason. He is going to shut this down. Having it over-turned renders him ineffective immediately (some would argue he has been that for awhile now).
David - just curious - you keep saying that the Pats got off easy for Spygate, which was essentially a matter of the Pats illegally videotaping defensive signals from the sidelines. If they were taping the signals from 30 feet away, it would have been legal, correct?So what would you think would be more severe, illegally videotaping signals from the sidelines, or videotaping the opponent's walk-through prior to a game? If the Pats did the latter, would you view that as more severe than videotaping from the sidelines during the game?
I think videotaping an opponents walk-through prior to a game would constitute egregious cheating, especially prior to a Superbowl. No one can prove that happened, but some of the 2001 Rams are convinced it did.

 
Just a spectator here. But curious. I heard on the radio yesterday while driving home that if Kessler (or is it the NFLPA) calls Goodell as a witness during the appeal that Goodell could no longer oversee the appeal. I know nothing about this stuff but I was surprised to not see any mention of it in this thread. Maybe I just overlooked it among the billion responses here? Quick google search brought me this. Carry on.

http://www.bostonherald.com/sports/patriots_nfl/new_england_patriots/2015/05/nflpa_we_will_call_goodell_as_witness_in
This is what the NFLPA wants, but I can't find anywhere in the CBA that would require Goodell to not hear the appeal based on that. According to this, he doesn't plan to recuse himself.

 
There's a lot of hate out there for Goodell, but he didn't hit his kid, didn't hit his wife, didn't get arrested, didn't fail a drug test, and didn't cheat. Maybe some of that hate should be saved for the guys who did.

 
Anyone else think that some of the conduct penalties Goodell gives is because there is more than meets the eye.

For example:

Bountygate - Extremely harsh penalty to ban the coach and defensive coordinator. The story that was swept under the run though was the theft of a large number of Vicodin pills:

http://fifthdown.blogs.nytimes.com/2010/05/03/saints-accused-of-mishandling-prescription-drug/?_r=0

Did Goodell bring down the hammer, because he factored both in his decision?

which brings us to this case. Most people I know felt the Patriots got off lenient during Spygate. And I say lenient in the Commissioner did not release to the media what they found. By destroying the evidence, many NFL fans felt Goodell did a giant favor to Bob Kraft and the Patriots. Many people believe there was a secret deal in place...I will be lenient, but knock this crap off type of thing.

So when this story popped up and became National news, the last thing Goodell was expecting was Kraft to be asking for an apology. Egos colliding and all. Goodell is taking this appeal himself for good reason. He is going to shut this down. Having it over-turned renders him ineffective immediately (some would argue he has been that for awhile now).
David - just curious - you keep saying that the Pats got off easy for Spygate, which was essentially a matter of the Pats illegally videotaping defensive signals from the sidelines. If they were taping the signals from 30 feet away, it would have been legal, correct?So what would you think would be more severe, illegally videotaping signals from the sidelines, or videotaping the opponent's walk-through prior to a game? If the Pats did the latter, would you view that as more severe than videotaping from the sidelines during the game?
I think videotaping an opponents walk-through prior to a game would constitute egregious cheating, especially prior to a Superbowl. No one can prove that happened, but some of the 2001 Rams are convinced it did.
Egregious cheating??? What if there is evidence that the team videotaped the walk-through, but the coaches insist they never viewed the tape? In other words - they blame it on a rogue video guy? Still egregious? Worthy of discipline from the League? I mean, after all, the coaches didn't view it.

I'd be interested in others' response to this scenario as well, including David.

 
Last edited:
Just a spectator here. But curious. I heard on the radio yesterday while driving home that if Kessler (or is it the NFLPA) calls Goodell as a witness during the appeal that Goodell could no longer oversee the appeal. I know nothing about this stuff but I was surprised to not see any mention of it in this thread. Maybe I just overlooked it among the billion responses here? Quick google search brought me this. Carry on.

http://www.bostonherald.com/sports/patriots_nfl/new_england_patriots/2015/05/nflpa_we_will_call_goodell_as_witness_in
Not a lawyer, but that's almost certainly false. The CBA clearly and unambiguously grants Goodell the right to hear appeals. If "we're going to call you as a witness" forced him to recuse himself, then players would run that play every single time, essentially nullifying that part of the CBA.

Obviously Brady's lawyers can raise that issue in any lawsuit they file, but my understanding is that this is an uphill battle for them since the NFLPA agreed to this part of the CBA.

 
There's a lot of hate out there for Goodell, but he didn't hit his kid, didn't hit his wife, didn't get arrested, didn't fail a drug test, and didn't cheat. Maybe some of that hate should be saved for the guys who did.
Yeah, save some hate for the pats

 
The NFLPA just slapped around Troy Vincent like he was a worthless person. This is why you dont want lawyers in on this, because it wont matter the facts of Deflategate they will attack the process and win.

The NFL is about to be destroyed and this will be the end of Goodell. In court it wont matter at all if Brady deflated balls, the process will be what is taken to court and the NFL wont stand a chance. This is why I wait for the lawyers to make their cases, especially smart ones like Kessler. I see why he is the thorn in the NFLS side. He owns them.

NFLPA@NFLPA 23m23 minutes ago#NFLPA Notice of Appeal of Tom Brady Discipline: http://bit.ly/1cDBQWw
Ummm yeah, the Patriots don't want this going to court...they continue to look bad...and the NFLPA has almost zero power.

Them saying Vincent didn't have the authority does not make it so.
right. What makes it so is the CBA, where it's in black and white that only the Commissioner can rule on punishments involving conduct detrimental. It's indisputable fact. The NFL ####ed up here - plain and simple.Goodell will probably next argue that Vincent really didn't determine the penalty after all - that he was just delivering the message. And if you read Vincent's letter to Brady it does allow for that wiggle room - in fact there's some wording in the letter that almost appears like that's exactly what was going on. But the problem is that this is not supported by all the other stuff that came out from Goodell right after the Wells Report saying that Vincent would be handling the penalty. There were public statements made, and even a written letter to the Patriots, saying clearly that Vincent was the one doling out the punishment.

Goodell walked right into this one. It's a huge procedural snaffoo that gets right to the heart of the fairness of the process. The players collectively bargained exact procedures that were to take place in circumstances surrounding punishments being levied, and the NFL totally ignored those procedures in this case. If this goes to court there is no way around this issue. I agree with you though that the Pats don't want this to go to court, so it's going to be an interesting chess match during Brady's appeal. If Goodell is smart he will cut Brady's suspension to 2 games in recognition of the fact that this could go to court, and that if he loses there again it could also mean him losing his $50 million per year job.

This whole thing is such a circus of the absurd. Very entertaining though.
Let's say Brady takes this court on the grounds that Goodell couldn't properly delegate authority to Troy Vincent (which strikes me as an accurate reading of the CBA) and wins. So what? Goodell comes back and reimposes the exact same penalty himself. That's a completely pyrrhic victory.
You really think a court of law would make that ruling? They would more than likely dismiss the suspension than give Goodell another chance to screw it up.
Yes, absolutely. If a court finds that the NFL didn't follow it's own procedure in dishing out punishment, the most likely outcome (as I understand it as a layman) is to dismiss the suspension and send it back to the league. Then Goodell reimposes the suspension himself, as laid out in the CBA. My understanding is that that's essentially what happened in Bountygate.

It is highly unlikely that any court is going to second-guess the league when it comes to issues of cheating / fair competition. If the league has determined that a 4 game suspension is warranted, it's going to be really hard for Brady's lawyers to convince a court otherwise, especially since there's no precedent for this type of thing. But they can certainly convince a court that the league didn't abide by the terms of the CBA.

Edit: I'm very interested in the views of our own in-house lawyers on this. I think I have a decent handle on this sort of thing, but I have a lot to learn too.

 
Last edited by a moderator:
So here's where I am right now: the Patriots context report does create reasonable doubt. There is a plausible explanation for everything.

That being said, reasonable doubt is not the standard required... I still think its more probable than not that they did this. Here's how I get there:

1) Colts said it would happen. That, IMO,sets the context for everything else, and that's not something the Pats had an answer for.

2) I can't get over McNally taking the balls into the bathroom. I'm sorry, that bit doesn't stand to reason for me.

3) scientific evidence. While the pressure variances can be explained, it requires some events that I find unlikely...I buy the Wells report about which gauge was used, rather than the Pats. It makes sense to me that the most accurate gauge was used pre-game...I find it implausible that the high-gauge was used because that would mean the Pats initially submit balls at 13.0 psi, which they said they don't do.

4) Patriots/Brady impeding the investigation. If they had nothing to hide, they would have launched their own internal investigation and been on the lead of this.

5) past history of skirting the roles. No need to go into this further.

Bottom line -Pats have a story for every point, sure. Put it all together, and man it doesn't paint a rosy picture.

 
The NFLPA just slapped around Troy Vincent like he was a worthless person. This is why you dont want lawyers in on this, because it wont matter the facts of Deflategate they will attack the process and win.

The NFL is about to be destroyed and this will be the end of Goodell. In court it wont matter at all if Brady deflated balls, the process will be what is taken to court and the NFL wont stand a chance. This is why I wait for the lawyers to make their cases, especially smart ones like Kessler. I see why he is the thorn in the NFLS side. He owns them.

NFLPA@NFLPA 23m23 minutes ago#NFLPA Notice of Appeal of Tom Brady Discipline: http://bit.ly/1cDBQWw
Ummm yeah, the Patriots don't want this going to court...they continue to look bad...and the NFLPA has almost zero power.

Them saying Vincent didn't have the authority does not make it so.
right. What makes it so is the CBA, where it's in black and white that only the Commissioner can rule on punishments involving conduct detrimental. It's indisputable fact. The NFL ####ed up here - plain and simple.Goodell will probably next argue that Vincent really didn't determine the penalty after all - that he was just delivering the message. And if you read Vincent's letter to Brady it does allow for that wiggle room - in fact there's some wording in the letter that almost appears like that's exactly what was going on. But the problem is that this is not supported by all the other stuff that came out from Goodell right after the Wells Report saying that Vincent would be handling the penalty. There were public statements made, and even a written letter to the Patriots, saying clearly that Vincent was the one doling out the punishment.

Goodell walked right into this one. It's a huge procedural snaffoo that gets right to the heart of the fairness of the process. The players collectively bargained exact procedures that were to take place in circumstances surrounding punishments being levied, and the NFL totally ignored those procedures in this case. If this goes to court there is no way around this issue. I agree with you though that the Pats don't want this to go to court, so it's going to be an interesting chess match during Brady's appeal. If Goodell is smart he will cut Brady's suspension to 2 games in recognition of the fact that this could go to court, and that if he loses there again it could also mean him losing his $50 million per year job.

This whole thing is such a circus of the absurd. Very entertaining though.
Let's say Brady takes this court on the grounds that Goodell couldn't properly delegate authority to Troy Vincent (which strikes me as an accurate reading of the CBA) and wins. So what? Goodell comes back and reimposes the exact same penalty himself. That's a completely pyrrhic victory.
You really think a court of law would make that ruling? They would more than likely dismiss the suspension than give Goodell another chance to screw it up.
Yes, absolutely. If a court finds that the NFL didn't follow it's own procedure in dishing out punishment, the most likely outcome (as I understand it as a layman) is to dismiss the suspension and send it back to the league. Then Goodell reimposes the suspension himself, as laid out in the CBA. My understanding is that that's essentially what happened in Bountygate.

It is highly unlikely that any court is going to second-guess the league when it comes to issues of cheating / fair competition. If the league has determined that a 4 game suspension is warranted, it's going to be really hard for Brady's lawyers to convince a court otherwise, especially since there's no precedent for this type of thing. But they can certainly convince a court that the league didn't abide by the terms of the CBA.
What about Adrian Peterson? They didn't throw that back to the NFL to reconsider his punishment.

 
So here's where I am right now: the Patriots context report does create reasonable doubt. There is a plausible explanation for everything.

That being said, reasonable doubt is not the standard required... I still think its more probable than not that they did this. Here's how I get there:

1) Colts said it would happen. That, IMO,sets the context for everything else, and that's not something the Pats had an answer for.

2) I can't get over McNally taking the balls into the bathroom. I'm sorry, that bit doesn't stand to reason for me.

3) scientific evidence. While the pressure variances can be explained, it requires some events that I find unlikely...I buy the Wells report about which gauge was used, rather than the Pats. It makes sense to me that the most accurate gauge was used pre-game...I find it implausible that the high-gauge was used because that would mean the Pats initially submit balls at 13.0 psi, which they said they don't do.

4) Patriots/Brady impeding the investigation. If they had nothing to hide, they would have launched their own internal investigation and been on the lead of this.

5) past history of skirting the roles. No need to go into this further.

Bottom line -Pats have a story for every point, sure. Put it all together, and man it doesn't paint a rosy picture.
For me it's nothing more than the text messages. That alone speaks to nefarious activity, if not in this game than in others. But I'm not convinced that the balls were even doctored in this game. The evidence in the report just doesn't point to large scale deflation of the balls. In order to prove that, you have to discount the ref's recollection of using the logo gauge pregame. You can't rely on the ref's memory for the reading of the balls pregame and then not rely on him saying he used the logo gauge. If you are really being honest here, that just smells of bias.

The text messages are enough to hang the ballboys and Brady. Still can't understand how that warrants such a harsh punishment against the team though. There are countless examples of the NFL not taking disciplinary action against franchises due to the actions of individual players or team personnel.

 
I don't think it speaks of bias at all. I can't remember which shoe I tied first this morning, but I know I tied them.

When you use one of two nearly identical tools, I don't find it all that far fetched for one to not have a clear reccolection of which one he used.

Do you find it likely that the pats submitted balls pre-inspection at 12.9 psi, when they are clear that they inflate to 12.5? And, do you find it likely that the Colts submit at 13.4 psi, while they report 13.0?

 
Anyone else think that some of the conduct penalties Goodell gives is because there is more than meets the eye.

For example:

Bountygate - Extremely harsh penalty to ban the coach and defensive coordinator. The story that was swept under the run though was the theft of a large number of Vicodin pills:

http://fifthdown.blogs.nytimes.com/2010/05/03/saints-accused-of-mishandling-prescription-drug/?_r=0

Did Goodell bring down the hammer, because he factored both in his decision?

which brings us to this case. Most people I know felt the Patriots got off lenient during Spygate. And I say lenient in the Commissioner did not release to the media what they found. By destroying the evidence, many NFL fans felt Goodell did a giant favor to Bob Kraft and the Patriots. Many people believe there was a secret deal in place...I will be lenient, but knock this crap off type of thing.

So when this story popped up and became National news, the last thing Goodell was expecting was Kraft to be asking for an apology. Egos colliding and all. Goodell is taking this appeal himself for good reason. He is going to shut this down. Having it over-turned renders him ineffective immediately (some would argue he has been that for awhile now).
On what planet did the Patriots get off light for SpyGate?

 

Users who are viewing this thread

Back
Top