Armchair Quarterback
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A few writers get it and probably more will in time but wouldn't you think that people who love the game of football would be all over the lies and deceit? Even if it is the Patriots?
Brady is the reason why I think Wells never looked at the League. If Wells ever found evidence that there was a sting or proof of a specific person in the League leaked the 2 PSI story or any other damning story, he would be delivering Brady a slam dunk defamation case on a silver platter. If Brady can prove a sting operation and/or that the League leaked damaging false information to blow this story out of proportion (the 2 PSI Mort report or Kelly Naqi's report), that is all he needs to prove malicious intent which is the barrier for a famous person to bring a defamation suit.
https://www.facebook.com/mike.kensil?fref=ts Mike Kensil, Jetsinsider fan on Facebook since 2010.
Aiello's response:
Tom: I do not anticipate that we will comment further on the Wells report.
Thanks.
Greg
Actually Brady already has that proof simply from Mort's report which was STATED TO BE from an "NFL source"
All Brady's atty has to do is call Mort to the stand and ask the question in your Report of such and such a date stated that the Patriots balls measured at half time of the AFC championship game were 2Lbs below the league requirements of 12.5 Lbs. Is that correct. Answer yes: and You further stated your source was an NFL official is that correct.
Even if Mort made made this report up himself he will answer YES to this question.
A follow up question may be, Was this source known too you as a present employee of the NFL, Answer YES. Was this an NFL source you had used before, Answer YES, Was the previous info this NFL source gave you accurate, Answer YES: While Brady's Atty may ask for the NFL source's name it is not necessary to know that. There is no need for Mort to reveal a specific name in his testimony.
Brady will be suing the NFL not a specific person working as an employee for the NFL. While this may seem like it is not enough there is precedent in employee defamation civil law that an employer can be held responsible for what his employes say and in particular when the Company name is used as veracity to give the report more credibility.
This becomes more damning when it is revealed that this lie could have been squashed in less then 24 hrs with a simple press release.
Now add the fact that NFL sent Kraft an Email stating that one of the Pats balls was measured at 10.1 lbs when in fact not one of the Pats Balls measured anywhere near that low.
Now add that after, i think it was 80 days the NFL finally sent Kraft another Email listing all of the true measurements recorded at half time for all the Pats balls. But even then they would not send them to him until he agreed to NOT DIVULGE THESE TRUE NUMBERS TO THE PRESS.
If the NFL is this BOLD and ARROGANT with these things that are pretty much in the open what do you think Brady's Lawyers will find in discovery even with an all weekend shedding party the smoking guns will still be there. The NFL ARROGANCE KNOWS NO BOUNDS.
I so hope Brady takes this to the WALL. GO PATS
Unfortunately, this won't fly. Mort will refuse to take the stand and reveal info about his source. Which means that the fact that he said a League source won't fly in court and Brady will have trouble even getting the report into court without some harder evidence that someone in the NFL gave it to Mort.
Granted, the one thing no one is talking about is that Brady will be able to subpoena Kensil and other NFL employees' phone records and texts. He might find the smoking gun if there is a phone record that shows say that Kensil called Mortensen's cell phone and talked for 15 minutes the day before the 2 PSI story came out.
While a reporter is constitutionally within his right to refuse divulging the name of his source he is not protected from testifying about that which he has already reported, i.e. He stated in his report that he heard it from an NFL SOURCE.
http://espn.go.com/boston/nfl/story...-had-inflated-footballs-afc-championship-game
Once he verifies this on the stand and he will or go to jail without any constitutional protection. Remember this information was publicly given to the world. He can not now say anything that he printed or spoke was in any way protected by his constitutional right as a reporter. What he publishes is fair game to all and i think the court will allow Brady's atty to probe Mort's confidence in said source as i detailed above. As i said above no name is needed and Mort's only protection is too his sources name. Because he already identified where his source works in his report. All Brady's atty will do is get him to say it on the stand so it can be entered into the court record as evidence.
After which Brady's atty has what he needs to prove the NFL was the source of the info. and the NFL is the employer of this leaked information which was a total lie and the NFL knew it and never corrected it.
It’s vogue these days to call Roger Goodell a liar. I don’t think he’s a liar. But I do think his response to me was a lie.
But unless Mortensen verifies that he got it from a League source on the stand, Brady will have trouble getting a judge to allow his lawyers to argue that the report came from the League and possibly even to introduce that report into evidence. Without Mort testifying or other evidence showing that someone from the League was the source, the entire report is hearsay.
Well Mort has to respond or go to jail and Brady's atty will be holding the report in his hand or may even hand it to Mort, asking him to read the highlighted portion.
What is Mort going to do say no! At that point the judge would instruct him to read it and if he did not he would go directly to jail without passing go and he would stay there until ESPN could get his lawyers to bail him out but not until a hearing date is set to appear before the very judge who sent him to jail in the first place.
Trust me they will not have a leg to stand on and if Mort lies and says I made it all up his career is over and Brady's and Kraft sue him and ESPN for slander and libel.
It's a beautiful catch 22 for Mort and i love seeing one of them squirming instead of us PatsFans for a change.
hearsay the league went out of its way to be further publicized, taking steps to ensure it was not rebuked by the true facts as gathered on the night of the afccg.But unless Mortensen verifies that he got it from a League source on the stand, Brady will have trouble getting a judge to allow his lawyers to argue that the report came from the League and possibly even to introduce that report into evidence. Without Mort testifying or other evidence showing that someone from the League was the source, the entire report is hearsay.
hearsay the league went out of its way to be further publicized, taking steps to ensure it was not rebuked by the true facts as gathered on the night of the afccg.
Brady is the reason why I think Wells never looked at the League. If Wells ever found evidence that there was a sting or proof of a specific person in the League leaked the 2 PSI story or any other damning story, he would be delivering Brady a slam dunk defamation case on a silver platter. If Brady can prove a sting operation and/or that the League leaked damaging false information to blow this story out of proportion (the 2 PSI Mort report or Kelly Naqi's report), that is all he needs to prove malicious intent which is the barrier for a famous person to bring a defamation suit.