VJCPatriot
Pro Bowl Player
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CLICK HERE to Register for a free account and login for a smoother ad-free experience. It's easy, and only takes a few moments.Abuse of discretion seems like something that would have a lot of gray area. With gray area certainly comes established and yet to be established legal avenues, however, it seems as if the evidence of bias and abuse will have to be pretty solid (Brady has to provide a substantial piece of evidence of his actual innocence otherwise the abuse of discretion on assigning guilt is DOA).
I have no problem with Andrew Luck, he seems like a good guy that just happens to be the quarterback of a whiny team and organization, but they should wear pink diapers as uniforms when they go out next season.
I hate to cut just one area of such an insightful post full of quality points and issues to ponder, but I think you wrap it up quite nicely with the abuse of discretion point. I incorrectly assumed that we were still referring to the possibility of defamation of character--which also obviously has a lot of gray area, probably even much more. Either way, I'm leery as to whether or not things will go quite as smoothly as we all hope.
Goodell may be an ahole but I really doubt he and his lawyers would do all this without thinking of the repercussions if this goes to court. The unknown here is what makes one wary-what is his gameplan? Cant be to act as arbitrator and hold the judgement and then get thrown out in the court. Even he knows this will happen so there must be something else.
I keep posting descriptions of what a lawsuit entails, but nobody seems to listen.It's a Kangaroo Court. Expect Goodell to find some way to bungle the appeal. And after the travesty of an 'appeals hearing' then Kesler will wipe the floor with Goodell and embarrass him in federal court.
On the point of defamation -- granted this is just my legally ignorant opinion -- against the NFL, I would think it is 90+% DOA. The NFL made a judgement on an infraction of a rule. As lousy as we think they executed the process and as cowardly as they then proceeded with it after the decision, I don't believe they ever stated he was a cheater or similar. Maybe Brady could bring a case against Wells (unlikely) or some other entity, but the NFL appears to me to be CYA'd via the process of hiring Wells, exercising its contractually allowed discretion, as well as it's carefully Krafted(sic) public statements regarding it.
Can we just skip the appeal and go straight to the lawsuit please?
Taking down Goodell would be a great exclamation mark on Brady's legacy.
From the Wells press conference,,,,,... Goodell wants #12's cellphone, because he can??? Or maybe he can sell the contents to TMZ....
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From the Wells press conference,,,,,
>>>
http://www.bostonglobe.com/sports/2...gate-report/sweK5ADLDyhQjnaVBmJRtM/story.html
What about Tom Brady’s lack of cooperation? Did you view Tom Brady as not cooperating fully?
Wells: Mr. Brady, the report sets forth, he came to the interview, he answered every question I put to him. He did not refuse to answer any questions. In terms of the back and forth between Mr. Brady and my team, he was totally cooperative. At the same time, he refused to permit us to review electronic data from his telephone or other instruments<<<<<<<<<<<
What are other instruments?? Did he want his laptop computer or tablet as well? Hell no on that fishing expedition......
Absolutely there is a difference and the 4th Amendment gives a "reasonable expectation of privacy". While that refers to government intrusion, it can also apply to your employer. Unless you have collectively bargaining giving up rights to privacy ( and there is nothing in the CBA re cell phones) he has a right to stick to his guns...They are on a fishing expedition....Even Wells admitted he cooperated and answered every question. The failure to cooperate comes from not turning over the cell phone. If they find that the NFL had no right to the phone, the underlying offense disappeared as should the penalty.....One thing I heard was that Jeremski and McNally were using team issued cellphones, while Tom used his own.. so is there a difference between team property and personal property..
Nevertheless what is #12's right to privacy, particularly as all the info generated is on Jeremsky and McNally's phones..
If TB decides to turn over texts pertaining to the investigstion that may give Goody the ammo and justification to knock it down from 4 to 2 or 1 game as opposed to none. TB not cooperating will be the narrative.All the rhetoric about Goodell talking about how he wants to hear Brady's side of the story is BS, Goodell and his minions suspended Brady based on the Wells Report.. those are the facts that he used.
If he made a decision based on that document, what further information is needed or could he want?? The facts are the facts, Wells had the cellphones of McNally and Jeremski, the two other parties in this case, why would he need Brady's?? Unless it is an unadulterated power move... Goodell wants #12's cellphone, because he can??? Or maybe he can sell the contents to TMZ....
In the first round Brady's suspension will be reduced in half, then the inevitable move of this case to Federal Court will eradicate the findings of the NFL... Judge Doty is still active, and the paperwork is already prepared and ready to be filed.
IMO this will be a goundbreaking case on how the NFL administers its kangaroo court justice in the NFL.... Brady has nothing to lose, except his pride for not following through.
If TB decides to turn over texts pertaining to the investigstion that may give Goody the ammo and justification to knock it down from 4 to 2 or 1 game as opposed to none. TB not cooperating will be the narrative.
Wells' report is purposed for a civil suit. He leveraged a preponderance of evidence to support the NFLs position that TB was "generally aware". That does not show defamation.
That's why going after the commissioner's discretion to weild justice and find areas in which he is implementing ad-hoc law or misinterpreting the CBA is the more strategic and thoughtful approach.
Science makes a pretty compelling case that the balls were not deflated. If you go with Walt's best recollection and apply the gas laws one would think this to be substantial.I hate to cut just one area of such an insightful post full of quality points and issues to ponder, but I think you wrap it up quite nicely with the abuse of discretion point. I incorrectly assumed that we were still referring to the possibility of defamation of character--which also obviously has a lot of gray area, probably even much more. Either way, I'm leery as to whether or not things will go quite as smoothly as we all hope.
(Brady has to provide a substantial piece of evidence of his actual innocence otherwise the abuse of discretion on assigning guilt is DOA).
If they have McNally and Jeremski's phone don't they already have access to all of the texts in question?? If not who else is involved in this matter?? Jeremski and McNally were "Patriots" cell phones, Brady's was personal..
Cannot expand the investigation as it is complete and according to the NFL, "justice" has been administered...