I imagine Brady is going to say look, you have nothing on me, no proof. You did nothing to INDY for having 75% of its balls tested deflated.
My lawyers will destroy you in a court of law if you want to go there.
Goodell will then do what?
Be able to read Brady's text messages.
That's why Brady will never take this to court. He has a lot to hide and he doesn't want it becoming public record.
If Brady had no interest or was afraid to go to court, he would not have hired the top attorney that specializes in taking the NFL to court. As far as the expense to pursue this in court, Brady and his wife are worth half a billion dollars. I'm guessing the cost is pocket change to Brady.
As far as the phone communications issue,
from what I remember the NFLPA encouraged Brady not to turn over his phone. There are so many points Brady could argue in this case, including the precedent for only fining Brett Favre $50,000 for not turning over his phone in his investigation. I am not so sure Brady has a lot to hide. I think he is more concerned that other private or personal info on his phone doesn't end up on TMZ.
One of Brady's other arguments is that the Wells report mentioned close to nothing of his 7 or 8 hours of interviews/interrogation with Wells. The accuracy, validity, and bias of the Wells report has come into question, and it will be interesting to see if the court system has a different take on it than Goodell will in the NFL appeal hearing.
Also of potential note is that Wells was asked to review what happened to the footballs during the AFCCG, yet it seems to me that they punished Brady and the Pats for other potential incidents or discussion in texts from months earlier. This calls to question what parameters if any were there for the investigation. Could they have gone back 15 years and tried to access information on anything and anything?
To reiterate, not saying Brady and the Pats didn't do anything wrong. Only suggesting maybe they didn't prove it or the penalties were harsh given other penalties handed out for other wrongdoings in the NFL.