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.

[Red Dawg]

Brady has never earned anything really. Had it easy on numerous levels. Makes me wonder how good he really is but he is definitely very good but not the best ever. He had it easier than others that are in the conversation not to mention the rule changes make it alot easier for all QB's.

1. Falls ass backwards into starting job with Bledsoe injury.
2. Tuck rule blunder refs screwed up.
3. Bill's mass cheating with video, steeling play calls, play books and god knows what else. So bad Goodell had to destroy the evidence to protect the sport
4. FG kicker bailing him out numerous times in SB. Seahawks pathetic play call bailed him out this year.
5. Weak division. Really Really weak and still is now. No competition in 15 years just like Manning with the Colts.
6. Same HC and system whole career. Never had to change.
7. Never has to carry the team with his arm. Defense has been solid entire career just like his OL.

For the above reasons I think Joe and Elway are better. They had to fight through harder divisions, coaching changes, old school rules as well. QB's could actually get hit when they played.

In short, they can all go to hell. All of their arrogant and blind to all other teams being even in the league fans can go to hell.

[Just Passin' By]

Originally Posted by Tuckdaddy

Brady has never earned anything really. Had it easy on numerous levels. Makes me wonder how good he really is but he is definitely very good but not the best ever. He had it easier than others that are in the conversation not to mention the rule changes make it alot easier for all QB's.

1. Falls ass backwards into starting job with Bledsoe injury.
2. Tuck rule blunder refs screwed up.
3. Bill's mass cheating with video, steeling play calls, play books and god knows what else. So bad Goodell had to destroy the evidence to protect the sport
4. FG kicker bailing him out numerous times in SB. Seahawks pathetic play call bailed him out this year.
5. Weak division. Really Really weak and still is now. No competition in 15 years just like Manning with the Colts.
6. Same HC and system whole career. Never had to change.
7. Never has to carry the team with his arm. Defense has been solid entire career just like his OL.

For the above reasons I think Joe and Elway are better. They had to fight through harder divisions, coaching changes, old school rules as well. QB's could actually get hit when they played.

In short, they can all go to hell. All of their arrogant and blind to all other teams being even in the league fans can go to hell.

Never go full reerun

[Amnorix]

Originally Posted by TEX

No dude, my dislike for you and your kind is. Don't confuse the two.

Your dislike for me is grounded in hating Brady, the Patriots, and refusing to understand what Deflategate really is.

But hey, hate on. I don't care one damn bit.

[TEX]

Originally Posted by Amnorix

Your dislike for me is grounded in hating Brady, the Patriots, and refusing to understand what Deflategate really is.

But hey, hate on. I don't care one damn bit.

No, my dislike for you is because you're such a dipshit. You and your kind refuse to acknowledge any wrong doing by the Patriots for anything. It goes far beyond Deflategate. I don't give two shits that you don't care. You're just one more idiot Patriot fan who likes to stir shit like this up to feel superior.

[GloryDayz]

Based on what I've seen from the NFL I can't hate on the Pats anymore. All I can do is wish my franchise was as smart as theirs, and as committed to winning as theirs.

[Amnorix]

Originally Posted by TEX

No, my dislike for you is because you're such a dipshit. You and your kind refuse to acknowledge any wrong doing by the Patriots for anything. It goes far beyond Deflategate.

Only the rumors go far beyond deflategate. Rumors with little/no support by and large, and nothing in the way of context regarding the gamesmanship that others engage in.

I don't give two shits that you don't care. You're just one more idiot Patriot fan who likes to stir shit like this up to feel superior.

Even though I've been a huge fan of the Patriots for a long, long time, their being very successful doesn't make me smart, any more than the Chiefs issues make you dumb. You're dumb all on your own.

[Just Passin' By]

Originally Posted by Amnorix

Only the rumors go far beyond deflategate. Rumors with little/no support by and large, and nothing in the way of context regarding the gamesmanship that others engage in.





Even though I've been a huge fan of the Patriots for a long, long time, their being very successful doesn't make me smart, any more than the Chiefs issues make you dumb. You're dumb all on your own.

There's really no sense in you wasting your energy on those who are too jealous to even try being rational.

[Dave Lane]

Originally Posted by DaneMcCloud

Right.

Clearly, those "deflated" balls made a major impact on his game.

He's just not the same player.

Stupidest thing I've ever seen

[KC_Connection]

The fact that the Patriots are the best organization by far in the sport doesn't negate the fact that they're cheating scum either, I'm afraid. Remember Barry Bonds?

[chiefzilla1501]

Originally Posted by Just Passin' By

There's really no sense in you wasting your energy on those who are too jealous to even try being rational.

So a rational person, then, believe what?

That there was a guy nicknamed the deflator because he was fat
That equipment managers routinely go into the bathroom with a bag of balls after footballs were already measured
That a qb who created the psi rule in the first place had no idea through an entire half of play that he was playing with deflated footballs
That Tom Brady had hours of conversation with his equipment manager about... Not footballs
That brady destroying his phone right after the investigation is just a coincidence


You're right. It's rational to believe the Patriots back story.

The nfl overreached because Goodell is a Doucher. No, the Patriots don't need deflated balls to win. But they went out of their way to cheat. Period.

[BucEyedPea]

Originally Posted by chiefzilla1501

So a rational person, then, believe what?

That there was a guy nicknamed the deflator because he was fat
That equipment managers routinely go into the bathroom with a bag of balls after footballs were already measured
That a qb who created the psi rule in the first place had no idea through an entire half of play that he was playing with deflated footballs
That Tom Brady had hours of conversation with his equipment manager about... Not footballs
That brady destroying his phone right after the investigation is just a coincidence


You're right. It's rational to believe the Patriots back story.

The nfl overreached because Goodell is a Doucher. No, the Patriots don't need deflated balls to win. But they went out of their way to cheat. Period.

Yes, because everyone on the team is guilty because the press said so! Typical chiefzilla illogic as justice.

For that matter everyone who has ever engaged in holding is a cheater whether or not the ref sees it to penalize it. BB paid his penalty, did not repeat his infraction and moved on. How 'bout you?
Oh I forgot you live by the press for truth.

[Mennonite]

Cheaters. That's the bottom line. And, no matter how much you lie and spin, nothing will ever change that fact.

[penguinz]

Originally Posted by Tuckdaddy

Brady has never earned anything really. Had it easy on numerous levels. Makes me wonder how good he really is but he is definitely very good but not the best ever. He had it easier than others that are in the conversation not to mention the rule changes make it alot easier for all QB's.

1. Falls ass backwards into starting job with Bledsoe injury.
2. Tuck rule blunder refs screwed up.
3. Bill's mass cheating with video, steeling play calls, play books and god knows what else. So bad Goodell had to destroy the evidence to protect the sport
4. FG kicker bailing him out numerous times in SB. Seahawks pathetic play call bailed him out this year.
5. Weak division. Really Really weak and still is now. No competition in 15 years just like Manning with the Colts.
6. Same HC and system whole career. Never had to change.
7. Never has to carry the team with his arm. Defense has been solid entire career just like his OL.

For the above reasons I think Joe and Elway are better. They had to fight through harder divisions, coaching changes, old school rules as well. QB's could actually get hit when they played.

In short, they can all go to hell. All of their arrogant and blind to all other teams being even in the league fans can go to hell.

This is beyond full reerun.

[chiefzilla1501]

Originally Posted by BucEyedPea

Yes, because everyone on the team is guilty because the press said so! Typical chiefzilla illogic as justice.

For that matter everyone who has ever engaged in holding is a cheater whether or not the ref sees it to penalize it. BB paid his penalty, did not repeat his infraction and moved on. How 'bout you?
Oh I forgot you live by the press for truth.

Oh good, it's captain extreme apologist.

The video of the equipment manager going into the bathroom with a bag of footballs was reported by the Patriots. Not the media.

The Pats pr guy is the one who made the claim that the deflator was a weight loss joke.

It is a fact that Tom Brady was one of the architects of the psi rule in the first place.

I didn't keep up with the broken phone and the hours of phone calls to the equipment managers, but pretty sure those are true too.

But yeah... The media.

[LiveSteam]

tl,dr. Must be talking about the Bronco's