Deflategate Decision Coming

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chevyman58
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Deflategate Decision Coming

Postby chevyman58 » Mon Aug 31, 2015 4:28 pm

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.

http://sports.yahoo.com/news/roger-good ... 16187.html
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Re: Deflategate Decision Coming

Postby R27 » Mon Aug 31, 2015 5:30 pm

I think ultimately Judge Berman will find that the NFL correctly applied the CBA as far as Brady's rights of appeal, but vacates the suspension based on the fact that the NFL has nothing directly tying Tom Brady to a conspiracy to deflate footballs. An investigation that the NFL sanctioned couldn't come up (not independent as we learned the NFL withheld some things from the report under client privilege) with anything more than "generally aware." I think ultimately, even though really only procedure is on trial here, Judge Berman would be within his purview to question the NFL's original findings as inconclusive.

If Judge Berman believes the NFL doesn't have enough to place blame on Brady, legally it would be the same as if they had nothing to implicate Brady and penalized him anyway. A judge could step in slap the NFL back for that. As Berman said to the NFL on the first day, you have to be able to show that the conspirator intended to be a part of the conspiracy.

You can penalize the team because they are the team's balls, team's equipment managers, and ultimately there appears to have been something improper with the balls. That's what the Patriots are SOL while the question of Brady's punishment is more open. But there is nothing in evidence that links Brady to directing the guys to deflating the balls or even knowing that it was happening. You can say he probably knew or that he should have known, but we can't conclusively say that he did know.
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Re: Deflategate Decision Coming

Postby R27 » Thu Sep 03, 2015 10:19 am

Judge overturns Tom Brady's 4 game suspension.

Goodell gave himself all the power in the CBA, gave Brady the punishment he wanted, heard his own appeal of said punishment, hand-picked the federal court he wanted, and still lost. That just tells you just how little the NFL had that Brady was involved with any alleged wrongdoing.
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Re: Deflategate Decision Coming

Postby yawkeyway » Thu Sep 03, 2015 12:26 pm

The NFL tried manipulating and pulling on the strings in their kangaroo court so hard that they ended up with just enough to hang themselves.

I'm so happy right now. I love everyone.
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Re: Deflategate Decision Coming

Postby marteezy » Thu Sep 03, 2015 12:48 pm

Wow I'm really surprised by this ruling. I think it's time for the NFL and NFLPA to figure out how they are going to handle discipline ASAP. This turned out to be a huge slap in the face for the league.

The little bit of credibility the commish had before this has likely been carved away. It's time for him to go.

An utter embarrassment and failure.
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Re: Deflategate Decision Coming

Postby R27 » Thu Sep 03, 2015 12:55 pm

marteezy wrote:Wow I'm really surprised by this ruling.

If only there were people who had told you all the problems with the NFL's case over the last six months... oh...

It's almost like actually being able to prove someone did something wrong is important. Who knew?

Roger got caught overreaching in an effort to regain his integrity and reclaim his reputation as a Disciplinarian after all the DV issues. Instead he looks foolish. Again. The NFL's disciplinary powers are fine. They just need to be able to actually prove you broke a rule to penalize you. Which is exactly the way it should be.
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Re: Deflategate Decision Coming

Postby mhardy_03 » Thu Sep 03, 2015 1:28 pm

Well it isn't completely over yet. NFL is appealing. I don't see it affecting the outcome though. Honestly I'm just ready for it to be over with one way or another. I'm to the point that I really don't care because the NFL jacked this whole situation up so much from the start.
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Re: Deflategate Decision Coming

Postby R27 » Thu Sep 03, 2015 2:38 pm

mhardy_03 wrote:Well it isn't completely over yet. NFL is appealing. I don't see it affecting the outcome though. Honestly I'm just ready for it to be over with one way or another. I'm to the point that I really don't care because the NFL jacked this whole situation up so much from the start.

Ever since he screwed up the Ray Rice suspension, Goodell has been on the warpath to regain the high ground but has just kept digging his hole deeper and deeper.

I doubt much will change on appeal unless they hit a home run with three management friendly judges. But even then, it'll be next summer before anything else happens.

The bottom line is that you have to be able to demonstrate that someone broke the rules in order to penalize them. The NFL can't with Brady. The Wells Report indicates that Brady that generally aware. But it is not against the rules to be aware that someone else is breaking the rules.

Furthermore, the fact that the NFL refused to release all the results of the Wells investigation to Brady's team in preparation for the appeal should play very badly for them. Goodell asked for more information, Brady came to the appeal with Goodell with additional information, emails, and logs from his cell phone. Apparently not good enough, even after Ted Wells told Brady he didn't need the cell phone.

The next CBA negotiation should be interesting.
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Re: Deflategate Decision Coming

Postby chevyman58 » Thu Sep 03, 2015 4:32 pm

marteezy wrote:An utter embarrassment and failure.


You're referring to the hardline position you took, the outcome you forecast & all the #@$% you gave to many of us, repeatedly, right?

No problem MT, you're forgiven. We love ya. Come in with an open mind next time, we're here to help you. :P ;)
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Re: Deflategate Decision Coming

Postby marteezy » Thu Sep 03, 2015 6:03 pm

chevyman58 wrote:
marteezy wrote:An utter embarrassment and failure.


You're referring to the hardline position you took, the outcome you forecast & all the #@$% you gave to many of us, repeatedly, right?

No problem MT, you're forgiven. We love ya. Come in with an open mind next time, we're here to help you. :P ;)


Actually the judges ruling doesn't absolve Tom Brady. The suspension was overturned because Brady wasn't sufficiently notified of the potential penalty.
As noted by the judge:
- The commish went too far in affirming punishment
- The commish dispersed his own brand of industrial justice.
- Brady received no advanced notice of potential penalties
- The players right to notice was at the heart of the CBA.

And lastly "The court finds that Brady had no notice that he could receive a four-game suspension for general awareness of ball deflation by others,'' the judge wrote.

So no, Brady hasn't been proved innocent. He's not getting suspended because Roger Goddell is consistently an inconsistent idiot.
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Re: Deflategate Decision Coming

Postby R27 » Thu Sep 03, 2015 6:14 pm

marteezy wrote:So no, Brady hasn't been proved innocent. He's not getting suspended because Roger Goddell is consistently an inconsistent idiot.

There is a difference between saying someone is innocent and saying there isn't enough evidence to determine guilt.

The NFL effectively tried to penalize Brady under the steroid policy, which Berman pointed out has procedures that were in no way applicable to this situation. Another big issue was the NFL's failure to adequately express why this equipment violation was handled so much differently and harshly than previous equipment violation issues. The NFL jumped the gun, made it a big deal, and then abjectly failed because they overreached on discipline.

It's like the prosecutor that reaches for the trumped up charge and fails to win in court when they had a slam dunk on a lesser charge.
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Re: Deflategate Decision Coming

Postby chevyman58 » Thu Sep 03, 2015 6:21 pm

marteezy wrote:
chevyman58 wrote:
marteezy wrote:An utter embarrassment and failure.


You're referring to the hardline position you took, the outcome you forecast & all the #@$% you gave to many of us, repeatedly, right?

No problem MT, you're forgiven. We love ya. Come in with an open mind next time, we're here to help you. :P ;)


Actually the judges ruling doesn't absolve Tom Brady. The suspension was overturned because Brady wasn't sufficiently notified of the potential penalty.
As noted by the judge:
- The commish went too far in affirming punishment
- The commish dispersed his own brand of industrial justice.
- Brady received no advanced notice of potential penalties
- The players right to notice was at the heart of the CBA.

And lastly "The court finds that Brady had no notice that he could receive a four-game suspension for general awareness of ball deflation by others,'' the judge wrote.

So no, Brady hasn't been proved innocent. He's not getting suspended because Roger Goddell is consistently an inconsistent idiot.


Put your big-boy panties on for once MT & take it like a man. Sheesh ................... surprise us with some humility. :roll: .

Here ........ watch Fonzie & practice ........... it'll come. Ya just gotta try:

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Re: Deflategate Decision Coming

Postby marteezy » Thu Sep 03, 2015 6:31 pm

I'm just saying. The judge didn't exonerate Brady from anything. He hit the NFL for making up the disciplinary rules up as they go, which was the reason why it went to court. Brady and the NFLPA challenged the NFL's power to suspend Brady. The judge ruled that the NFL didn't have the power to punish Brady because he was not sufficiently made aware of the punishment associated with the issue.

Its really not rocket science. Like I said, I'm shocked that the NFL didn't put up a sufficient defense, which to me is cause for embarrassment.

So yay, Brady gets to play!!! But he has not been proven innocent.
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Re: Deflategate Decision Coming

Postby R27 » Thu Sep 03, 2015 8:28 pm

marteezy wrote:But he has not been proven innocent.

You keep saying that like you're arguing with us, but I'm pretty sure nobody has said that. As I said, innocence and a lack of evidence are two different things.

Brady got off the hook because the NFL overstepped its bounds and basically made a fool of itself. Pretty much what we've been telling you they've been doing for the past six months. But it's a "surprise" that someone would call them on it.

It may not be written in the decision, but it's pretty obvious that the Judge didn't like how the NFL handled the investigation and that there was a lack of direct evidence implicating Brady. That's the majority of what he criticized the NFL for when they were in the courtroom. It may not be the a reason given in the official ruling, but I'm positive that it played a role considering that it would have been very easy for him to just uphold the arbitration decision. Stuff like this rarely happens, which the fact that it did tells you that the NFL and Goodell really screwed the pooch.
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Re: Deflategate Decision Coming

Postby chevyman58 » Tue Sep 08, 2015 10:54 am

Outside The Lines jusr dropped a Bombshell Story - indicating Brady got pounded unjustly just for Goodell to save face with the other owners for his Spygate complicity & ridiculousness years & years prior. This guy is so dirty, so self-serving, so corrupt it's ridiculous.

I guess for $30M a year the guy will do anything.

Interviews by ESPN The Magazine and Outside the Lines with more than 90 league officials, owners, team executives and coaches, current and former Patriots coaches, staffers and players, and reviews of previously undisclosed private notes from key meetings, show that Spygate is the centerpiece of a long, secret history between Goodell's NFL, which declined comment for this story, and Kraft's Patriots. The diametrically opposed way the inquiries were managed by Goodell -- and, more importantly, perceived by his bosses -- reveals much about how and why NFL punishment is often dispensed. The widespread perception that Goodell gave the Patriots a break on Spygate, followed by the NFL's stonewalling of a potential congressional investigation into the matter, shaped owners' expectations of what needed to be done by 345 Park Ave. on Deflategate.

It was, one owner says, time for "a makeup call."


http://espn.go.com/espn/otl/story/_/id/ ... iots-apart

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