Brady v. NFL: No Settlement; Judge Berman to Decide

[Amnorix]

Can't find the old thread. Brady and Goodell were back in NYC today for settlement talks. No progress.

Judge Berman said he would likely decide "in the next day or two" and definitely before September 4th.

Interesting how the narrative among the national writers has evolved.


http://sports.yahoo.com/news/roger-g...180816187.html


NEW YORK – They arrived surrounded by lawyers, each wearing a blue suit and displeased expression. Here was Roger Goodell and here was Tom Brady back in federal court in a fight over power, ego and legacy, as much as whether the footballs were deflated in January's AFC championship game.

New York Giants owner John Mara came in an attempt to soften the face of the league's side a bit. Jay Feely, a long-time NFL kicker and friend of Brady's from back at the University of Michigan, arrived to stand by his side.

Once again, nothing worked. A private meeting in front of Judge Richard M. Berman yielded nothing. No one budged. No one backed down. No settlement was reached.
And now both sides roll the dice and sit and wait for a ruling.

"Tomorrow or the day after," Berman said of when he would likely announce whether to vacate Brady's four-game suspension. He assured it would come before Sept. 4, when both sides requested an answer so the New England Patriots can begin preparing for the season opener with or without their star quarterback.

So that's that, all or nothing, all or everything, all eyes on the court docket here.

For Brady it's either a quarter of the season lost or a measure of redemption gained. For Goodell it's either a reaffirmation of the totality of his authority or another humiliating public defeat.

There may be appeals and requests for stays and thus months still to go, what will be won, what may not be done. None of that minimized the tension and drama inside Berman's 17th-floor courtroom here on Monday, when a case that started as a curiosity on that playoff night boiled toward a milestone, if not a conclusion.

Berman clearly knows how he is going to rule and likely has much of the decision already written. He's read and heard it all over the past month. There were no new arguments on Monday. The chief attorneys, Daniel Nash of the NFL and Jeffrey Kessler of the NFL Players Association, both merely stood and praised the efforts of all sides even though, as sometimes happens, they just couldn't reach a settlement.

"This is a time Mr. Nash and I are going to agree," Kessler joked.

The inability to find common ground is not a surprise. Tom Brady was simply never going to admit he had any role in the tampering of those footballs, or even that the footballs were ever tampered with in the first place.

First off, after he said as much under oath and then introduced the transcript into federal court, doing so would risk a perjury charge. More importantly though, it would be a complete reversal, making him a liar and a cheat, crushing his image among not just fans but, most importantly according to those that know him best, his own children.

He also very well may be innocent. The NFL never produced much of a case against him, let alone that the footballs were even unnaturally deflated.

So the only way a settlement could go down was for Goodell to drop any demands for an admission of guilt. He'd have to settle for Brady merely acknowledging a failure to fully cooperate with the investigation. That, however, would be a serious concession from a commissioner who's built his career on cracking heads among misbehaving players.

So there was the irresistible force clashing with the unmovable object, each willing to lose in court as long as he could still save face.
It has been, if nothing else, a remarkable showdown of oversized personalities.

In court Monday, the two men, rich and famous and atop their chosen professions, refused to even look at each other.

When the session was adjourned, both were forced to awkwardly wait for the galley to clear out of media and observers, leaving them within a few feet of each other a couple table rows apart.

Brady stood first and wandered over to one wood-paneled wall of the ornate courtroom. He stuffed his hands in his pocket, looking as intense as any tight fourth-quarter drive. Feely stood by his side and the two eventually hugged.

Goodell, seated in front, stood slowly and also put his hands in his pocket, looking down and then turning in the opposite direction of Brady, trying to wear a face of nonchalance.

Eight months into this scandal, after swings of allegations and misrepresentations, of false media leaks and broadside-legal attacks, the distrust and disgust were clear: Two men known for their ability to smoothly glide through life, with fashion and fabulous hair, looked strangely uncomfortable.

No one ever wants to sit in this position, leaving it to another man, federal judge or not, to declare whether he or she is a cheat or a fraud or a bully or a bum.

Here these two are though, going down that awkward path together. Their lives are seemingly too charmed for this, yet they were like a couple of rivals on opposite sides of the schoolyard, unwilling to even acknowledge the other's presence in front of onlookers.

The stakes seem higher for Goodell, if only because his legal argument here is based on the 1981 Supreme Court decision MLBPA v. Garvey, which essentially prohibits judges from interfering with the decision of arbitrators even if they are horrendously flawed or based on inaccurate facts. Arguing you have the right to be a dictator isn't ideal in public relations terms.

As such, Goodell and the NFL could certainly prevail in front of Berman but do so via a ruling full of the same kind of harsh verbiage that the judge used during two prior public sessions.

It's clear that no matter which way Berman goes, he looked upon the NFL's judicial system in general, and the league's conduct in this case specifically, as lacking any semblance of fairness or competency. He could unload in the ruling and leave Goodell laid out, even if he's technically victorious.

That's the risk Goodell was willing to take. And one Brady is willing to go with, essentially entering the verdict stage with a two-pronged chance at redemption – either total or at least in the court of public opinion. A loss and a four-game suspension would hurt, but he could at least point to an impartial federal judge down in New York agreeing that Goodell is out of line.

It's certainly reasonable that the NFL initially erred when it failed to comprehend Ideal Gas Law and thus initially thought any Patriots football that measured below 12.5 pounds per square inch of inflation was a sign of nefarious conduct. It immediately went after a speeding ticket like a homicide case.

But by the time the league should've have dialed it back, it had already leaked prejudicial stories and begun building a case against Brady and two Patriots locker room attendants. The NFL never was able to find a smoking gun or much more than suspicions, but that didn't matter.

The NFL not only never backed down, it just kept doubling down, believing the full force of the league's power – both in the CBA and in its ability to manipulate national reporters – would overwhelm Brady.

The league may be correct and on the verge of a show-of-force victory. It may be wrong and headed for a comeuppance.

It's all up to Judge Berman now. Who knows what he thinks and who knows what he'll rule. On Monday he seemed eager to make it known though as he sent the two men in fancy blue suits off into the Manhattan morning, Goodell via a black Escalade, Brady in a Chevy Suburban. Each is left awaiting his word.

The QB v. the Commissioner, it's all or everything now.

[alnorth]

Originally Posted by BucEyedPea

If Goodell/NFL loses on appeal it will be deadly for him/them.

Might be deadly for Goodell, but the NFL only has to call up MLB and ask them how they handle this sort of thing with a strong player's union.

[BigCatDaddy]

Originally Posted by Pasta Giant Meatball

They were saying on NFL network fans and players were pouring in outrage over it being overturned. Tons of them calling out the Pats cheating ways

Either way time to end it and focus on the game on the field.

[ChiefGator]

Originally Posted by BigCatDaddy

Either way time to end it and focus on the game on the field.

Agreed.. so much of my precious football news watching time consumed by this crap already. This and Dez Bryant's contract.

[Rausch]

Originally Posted by BigCatDaddy

Either way time to end it and focus on the game on the field.

This...

[Marcellus]

Goodell is 0-5 in suspension appeals by neutral party. That's ALL you need to know folks.

And Brady getting suspended on top of the fine and loss of draft picks is akin to getting 5 years in prison for doing 10mph over the speed limit.

I bet Kraft is really kicking the shit out of himself for agreeing to the fine and draft picks.

Everyone complaining they didn't get punished are complete imbecile.

[Amnorix]

For what it's worth, Tom Curran, who is a Patriots' beat writer, just reiterated it:

Tom E. Curran ‏@tomecurran 2m2 minutes ago
Tom E. Curran retweeted Brian D. Miller
Good chance to set straight. League said, "are you going to suspend or do we have to." Pats did to appease NFL.



Yes, the NFL denied it the day after the reports came out. But then when Vincent sent Kraft the letter, he specifically said they couldn't be reinstated without NFL approval. Seems to me that Curran's version (which is unquestionably based on Patriots' sources) is likely accurate given what Vincent then says in his letter.

[unlurking]

I hate Brady. I hate the Pats. However, if given the chance to remove one person from the league it would be Goodell. I'd rather lose a season to a strike if meant Goodell were removed.

[Amnorix]

Originally Posted by Pasta Giant Meatball

They were saying on NFL network fans and players were pouring in outrage over it being overturned. Tons of them calling out the Pats cheating ways

So first, the NFL Network. The NFL Network.

Second, it may be true. Everyone is tired of the Patriots beating them, no doubt about it. Of course, if the players had any perspective, they would realize that Goodell's disciplinary authority was absurd and not in their best interests.

Oh wait! 88% of them did say that.

http://espn.go.com/nfl/story/_/id/13...ity-discipline

More than 100 players were polled, and 88 percent answered "no" when asked if Goodell should decide discipline. That position no doubt was strengthened further Thursday, when U.S. District Judge Richard M. Berman vacated Tom Brady's four-game suspension, which was based on Goodell's decision and investigator Ted Wells' report that determined Brady was "generally aware" of a scheme to deflate footballs in the AFC Championship Game.

[Red Dawg]

Originally Posted by Amnorix

So first, the NFL Network. The NFL Network.

Second, it may be true. Everyone is tired of the Patriots beating them, no doubt about it. Of course, if the players had any perspective, they would realize that Goodell's disciplinary authority was absurd and not in their best interests.

Oh wait! 88% of them did say that.

http://espn.go.com/nfl/story/_/id/13...ity-discipline

Well they voted it in and now complain? They should live with their decision and stop bitching. If they want to complain they should complain to the owners who wanted things this way. Just for the record Roger did not violate the CBA at all. Berman just thinks it's not fair and ingnored it. Truth be told it isn't fair but still the CBA gives Roger the authority to do everything he did. Fair or not fair it clearly does.

[Pasta Little Brioni]

Originally Posted by Amnorix

So first, the NFL Network. The NFL Network.

Second, it may be true. Everyone is tired of the Patriots beating them, no doubt about it. Of course, if the players had any perspective, they would realize that Goodell's disciplinary authority was absurd and not in their best interests.

Oh wait! 88% of them did say that.

http://espn.go.com/nfl/story/_/id/13...ity-discipline

Sad and pathetic the lengths you have gone to lie and spin for bandwagonning a team...wow

[GloryDayz]

The "NFL" should and deal with this in other ways.

But as some of the NFL's best tacticians, Kraft, BB, and TB know they're dealing with a league without the balls to do it. Instead the league will embarrass itself again.

And if the league does pursue an appeal, every other owner owns it equally to Roger. And if Roger doesn't get their approval to do it before he does, then he's a more huge idiot.

[GloryDayz]

And, to say the least, I don't think I'll be part of tonight's "NFL Presentation" - it'll just be too hard to try to watch a game between the Kraft/Brady blowjobs...

[Pasta Little Brioni]

You are a man of sound logic and reason Glory

[BryanBusby]

Originally Posted by Tuckdaddy

Well they voted it in and now complain? They should live with their decision and stop bitching. If they want to complain they should complain to the owners who wanted things this way. Just for the record Roger did not violate the CBA at all. Berman just thinks it's not fair and ingnored it. Truth be told it isn't fair but still the CBA gives Roger the authority to do everything he did. Fair or not fair it clearly does.

lol no it didn't and how haven't you been ran off the board yet

The CBA doesn't give him freedom to act like a total shithead

[ChiefGator]

Originally Posted by BryanBusby

lol no it didn't and how haven't you been ran off the board yet

The CBA doesn't give him freedom to act like a total shithead

Exactly. As the arbitrator (albeit a non-disinterested arbitrator) Goodell was supposed to decide if the punishment was in line with the CBA. The ruling determined that his punishment violated the intent of the rules within the CBA, broke both due process and prior established processes, and represented Goodell applying his own rogue, industrial justice.

The judge ruled that in fact Goodell had BROKEN the CBA, not that the CBA was stupid.