Brady Appeal Thread

peplaw06

Brand New Member
Joined
Feb 10, 2015
Messages
294
TOM BRADY IS TESTIFYING UNDER OATH AT HIS DEFLATEGATE HEARING. WHAT THE HELL DOES THAT MEAN?

Adam Schefter ✔@AdamSchefter
During today's appeal, Tom Brady is testifying under oath, per source.
Tom Brady's appeal before National Football League commissioner Roger Goodell for his DeflateGate suspension is today and, as you can see, the New England Patriots quarterback apparently will testify under oath. This is one of those things that looks reasonable at first glance, but think about it for a minute and you'll find yourself asking whaaaaaaaa???

Brady's appeal is before the same man who handed down his punishment, Goodell. As much as the authority-humping NFL Media-Industrial Complex would like you to believe otherwise, Goodell is neither a judge nor a law enforcement officer. He doesn't even have the power to subpoena Brady's cellphone, let alone prosecute the man for perjuring himself. So what the hell gives?

Goodell himself testified under oath at Ray Rice's appeal, but that was an actual arbitration proceeding, in front of an actual former U.S. District Judge agreed upon by both parties. Despite having relaxed standards when compared to state and federal court proceedings, arbitration hearings are still quasi-judicial, used by parties who want a matter officially adjudicated with the force of law without incurring the time and financial expense of litigation. By contrast, Brady's appeal is in front of non-judge Goodell, who was agreed upon by one party, Goodell. So does it even qualify as an arbitration hearing?

John Cove @jacove
@McCannSportsLaw This isn't arbitration though, correct? Very confusing.

Michael McCann @McCannSportsLaw
@jacove It is arbitration, the NFL's unique version of it. Goodell is serving as the hearing officer (and also, it appears, a witness).
I don't know what "the NFL's unique version of it" means, but I'm sure no one has ever questioned the league's authority to look at the color red and call it "blue" because it suits a particular need. But anyway, Goodell will serve as hearing officer of a unique version of arbitration where he will not only hear sworn testimony from Brady, but also (possibly not sworn) testimony from himself. And then he will make a ruling. Seems legit. Good job agreeing to this kind of system in the 2011 Collective Bargaining Agreement negotiations, NFL Players' Union!

David Roth ✔@david_j_roth
Roger Goodell playing every role in the Brady hearing, running around and quick-changing into a bailiff's uniform, judge's robes.

David Roth ✔@david_j_roth
Goodell: Mr. Brady may I remind you that you're under oath.
Brady: You swore me in on a stack of Play 60 coloring books.
Goodell: Objection.
So: taking the above to its logical conclusion, what happens if Brady does, in fact, perjure himself? It is very clearly not illegal to lie to Goodell, because several people every day likely say "nice to see you, Rog," and none of them get thrown in jail.

Lyford Beverage @LyfordBeverage
@McCannSportsLaw Does that make it easier for him to go to court? If Goodell maintains suspension, accusing him of a felony, right?

Michael McCann @McCannSportsLaw
@LyfordBeverage Possibly, although in the unlikely world that Brady perjures himself, a grand jury or prosecutor would need to accuse him.
PorterJax @dporterjax33
@McCannSportsLaw @MarkDanielsPJ freedom? are you kidding? this isn't a criminal case in front of a real judge.

Michael McCann @McCannSportsLaw
@dporterjax33 @MarkDanielsPJ Venue is not key issue. If you knowingly lie in an arbitration, the arbitrator can refer it to a prosecutor.
So if Brady does lie to Lord Commander Goodell, and the NFL somehow finds out, Goodell would have to stop playing legal dress-up and go tattle-tale to the real authorities with real power. Which makes this whole affair the most NFL thing ever: Goodell as some charlatan behind the curtain, ruling through fear and bravado.
 

Carp

DCC 4Life
Joined
Apr 7, 2013
Messages
15,127
Thank god we have a thread for this. Keep us updated.
 

boozeman

28 Years And Counting...
Staff member
Joined
Apr 7, 2013
Messages
121,753
Tom Brady ruling could come next week, Roger Goodell says

4h -

Mike Reiss, ESPN Staff Writer

NFL commissioner Roger Goodell told CNBC on Thursday that a decision on New England Patriots quarterback Tom Brady's appeal of his four-game suspension "is coming soon," possibly as early as next week.

Goodell's remarks came at an annual business and tech conference in Sun Valley, Idaho.

Patriots owner Robert Kraft also is attending the conference, and the two were spotted together Wednesday.

Brady appealed the decision to Goodell, who served as arbitrator, on June 23. Attorney Jeffrey Kessler, who has had success taking on the NFL in other high-profile cases, led Brady's defense and said, "I think we put in a very compelling case."

As part of the appeal, Kraft -- who was out of the country at the time -- sent a sworn affidavit backing Brady.

That Goodell served as arbitrator was a point of contention for Brady and the NFL Players Association, which had asked the commissioner to recuse himself because of its belief that he could not be impartial and might be called as a witness. But Goodell, citing the collective bargaining agreement, said it was his responsibility to oversee the hearing and protect the integrity of the league.

Attorney Ted Wells, whose report was used as the foundation for the NFL suspending Brady, fining the Patriots $1 million and stripping them of a 2016 first-round draft choice and a 2017 fourth-round pick, was present at the appeal hearing held at the league's New York City offices.

The penalties were announced after Wells found that it was "more probable than not" that the Patriots illegally underinflated footballs in the AFC Championship Game against the Indianapolis Colts on Jan. 18.

Wells' report was a central part of Brady's appeal, with his attorneys arguing that it didn't prove the quarterback violated rules. In an official letter from NFLPA general counsel Tom DePaso, it was stated that the report "grasps at dubious, contradictory and mischaracterized circumstantial evidence" and that it is a "legally inadequate basis upon which to impose unprecedented discipline."

Brady's side also argued that the penalties are "grossly inconsistent" with the NFL's past discipline of similar alleged conduct.

A source told ESPN's Adam Schefter that "Tom Brady's greatest ally was Tom Brady" in the appeal hearing. Sources also told Schefter that Brady came off as genuine, earnest and persuasive, with one calling it an "A-plus performance."
----------------

Uhh, total bullshit he gets to know his fate before Hardy. Good lord.
 

peplaw06

Brand New Member
Joined
Feb 10, 2015
Messages
294
I bet he gets it reduced to 2 games. Or less than Wade Wilson got for taking Viagra...

EDIT: Oh, it's already less than Wade's 5 game suspension.
 

mcnuttz

Senior Junior Mod
Staff member
Joined
Apr 8, 2013
Messages
15,667
Six weeks later, still no Greg Hardy ruling

Posted by Mike Florio on July 9, 2015, 2:50 PM EDT

A full 42 days ago, arbitrator Harold Henderson spent roughly seven hours hearing evidence and argument in the case of Cowboys defensive end Greg Hardy’s 19-game suspension. Today, there’s still no ruling.

But there’s reason to think it’s coming soon. Commissioner Roger Goodell told CNBC on Thursday that he could be issuing a ruling on Patriots quarterback Tom Brady’s four-game suspension as soon as next week. It would be awkward, to say the least, if Goodell’s ruling on Brady comes before Henderson’s ruling on Hardy.

So if Goodell will be ruling on Brady next week, Henderson needs to rule on Hardy before then. Ideally, Henderson needs to issue a ruling this week.

Even if he does, the delay already has given Hardy and the NFL Players Association plenty of ammunition for a subsequent attack on the ruling in federal court. By taking so long to issue a decision that was required “as soon as practicable,” judge may give Hardy’s argument a little more credence if the judge concludes under the walks/talks/quacks like a duck standard that the NFL deliberately dragged its feet to give Hardy less time to fight the outcome in court.

 

Carp

DCC 4Life
Joined
Apr 7, 2013
Messages
15,127
Please make the above post bolder.

thx
 

Stars

DCC 4Life
Joined
Apr 25, 2013
Messages
1,460
NFL is scared of reducing Hardy because of the frothing from the media and twitter warriors if they reduce it. They don't know what to do. I predict they won't reduce it at all, and Hardy can either take it to court or what the nfl hopes: he just gives up.
 

Cotton

One-armed Knife Sharpener
Staff member
Joined
Apr 7, 2013
Messages
119,727
I think they are delaying hoping most people will forget the original incident when they announce the reduction.
 

mcnuttz

Senior Junior Mod
Staff member
Joined
Apr 8, 2013
Messages
15,667
Please make the above post bolder.

thx
Formatting is a serious issue and it seems you're calling my tactics into question.
 
D

Deuce

Guest
I think they are delaying hoping most people will forget the original incident when they announce the reduction.
I think they are going to put the results of both appeals out the same day. Brady's appeal has more media legs than Hardy's and it may sweep their giving a reduction to an accused domestic violator under the rug a little.
 

Genghis Khan

The worst version of myself
Joined
Apr 7, 2013
Messages
37,486
I think they are going to put the results of both appeals out the same day. Brady's appeal has more media legs than Hardy's and it may sweep their giving a reduction to an accused domestic violator under the rug a little.
That's actually a pretty interesting thought.
 

Cotton

One-armed Knife Sharpener
Staff member
Joined
Apr 7, 2013
Messages
119,727
Reported Brady offer to pay fine not an admission of guilt

Posted by Mike Florio on July 23, 2015, 6:02 PM EDT

Those settlement talks between the NFL and NFL Players Association regarding the Tom Brady appeal reportedly have resulted in an offer from the union that Brady would receive a fine but not a suspension.

This has caused many to question whether such an offer amounts to an admission of guilt by Brady.

The truth is that it doesn’t. Regardless of guilt or innocence, parties to any type of litigation routinely trade certainty for uncertainty by working out a deal. Innocent people often accept a guilty plea in criminal cases or pay a settlement in civil cases in order to avoid the worst-case scenario from a judge’s decision or a jury’s verdict.

A prime example of that dynamic comes from the Brian Banks case. The former USC recruit (who is now a league office employee) went to jail for more than five years for a crime he didn’t commit, because the alternative was to go to trial and face the possibility of a conviction and a sentence of life in prison.

Would plenty of people think Brady is guilty if he agrees to pay a fine, even if the fine is simply for failing to cooperate with the Ted Wells investigation and not for cheating? Sure, but plenty of people will think Brady is guilty even if Commissioner Roger Goodell declares that the Wells investigation was the product of incompetence, vacates the suspension, and apologizes to Brady for the inconvenience.

None of it matters, since the NFL is highly unlikely to accept a settlement that results in no suspension. But Brady’s willingness to give up a game check or two (or four) doesn’t mean he’s admitting to doing anything wrong.
 

Cotton

One-armed Knife Sharpener
Staff member
Joined
Apr 7, 2013
Messages
119,727
 

Cowboysrock55

Super Moderator
Staff member
Joined
Apr 7, 2013
Messages
52,465
Reported Brady offer to pay fine not an admission of guilt

Posted by Mike Florio on July 23, 2015, 6:02 PM EDT

Those settlement talks between the NFL and NFL Players Association regarding the Tom Brady appeal reportedly have resulted in an offer from the union that Brady would receive a fine but not a suspension.

This has caused many to question whether such an offer amounts to an admission of guilt by Brady.

The truth is that it doesn’t. Regardless of guilt or innocence, parties to any type of litigation routinely trade certainty for uncertainty by working out a deal. Innocent people often accept a guilty plea in criminal cases or pay a settlement in civil cases in order to avoid the worst-case scenario from a judge’s decision or a jury’s verdict.

A prime example of that dynamic comes from the Brian Banks case. The former USC recruit (who is now a league office employee) went to jail for more than five years for a crime he didn’t commit, because the alternative was to go to trial and face the possibility of a conviction and a sentence of life in prison.

Would plenty of people think Brady is guilty if he agrees to pay a fine, even if the fine is simply for failing to cooperate with the Ted Wells investigation and not for cheating? Sure, but plenty of people will think Brady is guilty even if Commissioner Roger Goodell declares that the Wells investigation was the product of incompetence, vacates the suspension, and apologizes to Brady for the inconvenience.

None of it matters, since the NFL is highly unlikely to accept a settlement that results in no suspension. But Brady’s willingness to give up a game check or two (or four) doesn’t mean he’s admitting to doing anything wrong.
I'm already prepared for Goodell to vacate this suspension and then go around back and get a tugger from his best friend Robert Kraft. I don't trust Goodell, I think he is shady as hell.
 

GShock

DCC 4Life
Joined
Apr 7, 2013
Messages
6,384
Goodell upholds suspension

http://www.nfl.com/news/story/0ap3000000504258/article/roger-goodell-upholds-tom-brady-suspension

NFL Commissioner Roger Goodell has upheld Patriots quarterback Tom Brady's four-game suspension for violating the league's policy on integrity of the game, the league announced Tuesday.

Brady was suspended four games in May after footballs used by the Patriots during the AFC Championship Game against the Colts were found to be inflated under the minimum level prescribed by the league. Along with the NFL Players Association, Brady challenged his penalty and testified before Goodell at an appeal hearing last month.

The four-time Super Bowl winner is eligible to play Week 6 in Indianapolis against the Colts. Jimmy Garoppolo, who played sparingly as Brady's backup last year, is expected to start the team's first four games of the season. Brady remains eligible for training camp and the preseason.

Brady was suspended on May 11 after a report by Ted Wells, an investigator contracted by the league, asserted Brady's connection to the deflation of footballs used in the AFC Championship Game, which the Patriots won, 45-7. Wells did not allege that Brady himself improperly handled the footballs, but the investigator wrote that he believed Brady was "at least generally aware" of the alleged involvement of Patriots staff in deflating the footballs. Wells also noted that Brady did not fully cooperate with his requests during the investigation.

The Patriots franchise was also handed down discipline stemming from the incident, but owner Robert Kraft ultimately chose not to fight those sanctions, which included a $1 million fine and the loss of a 2016 first-round pick and 2017 fourth-round selection.

Around The NFL will have more on this developing story. Check out our Tom Brady suspension timeline here.
 

dallen

Senior Tech
Joined
Jan 1, 2000
Messages
8,466
Well this just got interesting again
 
Top Bottom