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.

[Amnorix]

Originally Posted by Hootie 2.0

While he did no favors this time around ... He swept spygate under the rug for your smug fan base

Right, except:

1. Jay Glazer has a copy of the tapes, which mostly show T&A in the crowd, and then the calls.

2. your statement makes no sense, since what could they POSSIBLY really show other than signals being stolen?

3. There is no doubt this practice was used by several teams prior to 2006. This isn't some super-secret thing that only the Patriots did. What would be so unique about the Patriots' operation that makes you think something was covered up.

4. Further to 3, Jimmy Johnson talked publicly about how they used to do it.

5. Multiple oppsing coaches knew about it before/after the story broke, and shrugged it off as no big deal. Even the rat, Mangini, regretted how the story spun out of control. Herm Edwards laughed and smiled for the camera. Super Bowl winner (and a guy that lost repeatedly to the Patriots in the playoffs), Bill Cowher said, basically, give me a break.


But yes, I'm sure there's all kinds of super-amazing stuff on there that would have shown....something...for you to be even more enraged about.

[Red Dawg]

Originally Posted by Hootie 2.0

While he did no favors this time around ... He swept spygate under the rug for your smug fan base

He did more than that. The man burned the tapes they were so bad.

[Amnorix]

Originally Posted by Pasta Giant Meatball

But he was awesome when he swept your team illegally video taping under the rug am I rite???

You mean when he docked us a first round pick? That isn't sweeping anything under the rug.

[Amnorix]

Originally Posted by Tuckdaddy

He did more than that. The man burned the tapes they were so bad.

What could POSSIBLY have been on them that was so bad?

Also, Glazer has a freaking copy, and says they aren't all that exciting.

[Pasta Little Brioni]

Originally Posted by Tuckdaddy

He did more than that. The man burned the tapes they were so bad.

But but but Pat fans say it's just a porno flick Glaser keeps to jerk off to.

[Hootie]

Originally Posted by Amnorix

You mean when he docked us a first round pick? That isn't sweeping anything under the rug.

Uh yeah, it was. He destroyed evidence. Do you know what destroying evidence usually indicates? Do you realize the purpose for destroying evidence?

?

[Amnorix]

Originally Posted by Tuckdaddy

http://www.indystar.com/story/sports...lost/71640202/

Pats still cheated and got caught again. Let's not forget that, and it's hardly Rogers fault they are shady liars and the reason the league has to change the football rule book just to make the game fair when teams have to play them.

[Pasta Little Brioni]

Originally Posted by Amnorix

What could POSSIBLY have been on them that was so bad?

Also, Glazer has a freaking copy, and says they aren't all that exciting.

[Amnorix]

Originally Posted by Hootie 2.0

Uh yeah, it was. He destroyed evidence. Do you know what destroying evidence usually indicates? Do you realize the purpose for destroying evidence?

?

Evidence? In what proceeding?

He was the judge, jury and executioner. He had the evidence, he used it, delivered his (rather absurd, IMHO, but whatever) justice, and then got rid of the "evidence" that he had no further use for. Did you expect him to post it on Youtube?

There was no further use for it, so he destroyed it. This is amazingly bad why?

[Pasta Little Brioni]

Hootie it was just a soft core porno...and atmospheric pressure deflated their balls but no one elses....and the Deflator meant the dude was losing weight....and he just had to use the restroom....and Tom Terrific can't tell the difference between deflated football s...and he has no clue who the equipment guys even were....and he threw away a brand new phone for no reason

[Amnorix]

Originally Posted by Pasta Giant Meatball

Hootie it was just a soft core porno...and atmospheric pressure deflated their balls but no one elses....and the Deflator meant the dude was losing weight....and he just had to use the restroom....and Tom Terrific can't tell the difference between deflated football s...and he has no clue who the equipment guys even were....and he threw away a brand new phone for no reason

[Pasta Little Brioni]

So you concede it's shady as **** then?

[Chromatic]

In this thread =

[BigCatDaddy]

Originally Posted by Chromatic

In this thread =

. Tuckdaddy?

[GoChargers]

Originally Posted by RunKC

Greg Hardy contemplating going to court after seeing this. He might have a shot to get no games like Brady for beating women.

NFL is that incompetent. Goodell must go

Goodell is a moron for many reasons, but this isn't one of them. This is players getting butthurt about getting caught cheating and punished, the union still being salty from how they got taken to the cleaners in the CBA negotiations, and liberal activist judges who will always side with organized labor no matter what.

I guess since the unions and their personal judges have made it so the CBA and the rulebook are toothless, the players can cheat, roid up, and commit crimes to their hearts' content and the league will be forced to let them play every week. They can enjoy their Pyrrhic victory as the league collapses under the weight of bad PR and corruption just like boxing and FIFA, because that's where it's headed.