Brady's legal team rope-a-dopes NFL into big mistake

[Dr Pain]

All right, been thinking about this and bouncing it off labor people. Why would Bradly destroy a phone he is not even required to hand over. Here is a theory which makes sense.

The first reaction people will have is "Brady's getting his legal advice from Aaron Hernandez...destroying your phone on the day you are talking to Ted Wells is insane! But is Brady really Hernandez stupid? He does not even have to turn it over.

Brady and his team are smart people... so the real question is why would they snub noses in such a fashion?

To get a response. What response? To get the decision centered on non-cooperation on the phone issue. Destroying something you don't even have to turn over is done for a reason knowing it is a slap in the face.

Why? Because demanding a private individual's phone is an unfair labor practice.

The Vincent decision didn't hit non-cooperation hard enough.

The NFL probably didn't even know Brady destroyed the phone until the appeal hearing. Brady could have just said "I'm not giving it to you". Instead he testifies "I destroyed it the day I went to Wells, so you aren't getting it."

Goodell loses his mind. Bases punishment on unfair labor practice. Rope-a-doped into it.

Collective bargaining agreement: court can't touch rules based interpretations. It does have jurisdiction to address unfair labor practices and violations of collective bargaining agreement. The new document today is all about the phone.

Brady's team just suckered the NFL into moving their punishment basis and report to an area which is 99.9% favorable to Brady by destroying a phone that Brady would never have been forced to turn over.

 

[Ras-IR Dowling]

In my Morgan freeman voice.."I wish I could tell you that this was the reason that Tom destroyed the phone, I wish I could tell you that."

 

[Ross12]

Exactly what I was thinking. You are my hero @Dr Pain. Thank you for keeping a level head and being so diligent through all of this.

 

[Tony2046]

What do you make of this?

"There is no doubt that the NFL’s legal team will pursue an adverse inference."

http://www.atlredline.com/no-destroying-tom-bradys-cell-phone-was-not-okay-1720689663

 

[Froob]

Interesting thought. Genius if true. Hey what was that thing you were holding out on a while back that you couldn't talk about yet? Or was it this lol?

 

[obgod3]

Honestly don't think anyone would take the public beating like this just to sucker the NFL. Particularly when there is no way to know if it will work at all.

I just can't believe this a real plan...risky. It really doesn't look good.

 

[JMC00]

What do you make of this?

"There is no doubt that the NFL’s legal team will pursue an adverse inference."

http://www.atlredline.com/no-destroying-tom-bradys-cell-phone-was-not-okay-1720689663

This article was already ripped by Stephanie Stradley

 

[Tony2046]

This article was already ripped by Stephanie Stradley

OK good.

 

[Dr Pain]

Interesting thought. Genius if true. Hey what was that thing you were holding out on a while back that you couldn't talk about yet? Or was it this lol?

That was a reporter emailed every lawyer (almost 800) the night before Brady's appeal and asked for inside info and if the Wells report embarrassed the name of the firm. Just messing with Mr Wells who has shown himself a hothead when questioned.

 

[nowayback]

Did Brady sneak into NFL evidence locker steal his phone and reset or erase info, or blow it up ? Is he supposed to save its info forever ?

 

[JMC00]

All this was today was to incite talk to anti-Brady. Do people really think Don Yee just decided to say days before the appeal hearing "oh ya Tom destroyed the phone" when he could have just said "we are under no obligation to give it to you"

If goodell and the nfl was so sure of their ruling and reasoning they wouldn't have been filing in court to venue shop minutes after they announced the ruling.

 

[farn]

I don't think this is the reason the phone was destroyed. But what possible use was there for Brady's team to tell RG it was destroyed (if they actually even DID) ? Weird choice.

 

[JMC00]

But what possible use was there for Brady's team to tell RG it was destroyed (if they actually even DID) ? Weird choice.

Because now this is about Brady "destroying" something that he was not legally obligate to hand over. nflpa is out for the nfl's blood on policy on this one.

 

[JMC00]

Do people honestly think Brady didn't consult with his lawyers and the nflpa before he decided to get rid of the phone in question? You think the Pats lawyers didn't pass along the message that wells was asking for cell phones?

Come on. Take off those nfl issued spin control glasses and headphones.

 

[farn]

I don't trust the NFL. I will wait for Brady's side. But anyone can understand the public perception, because they are only interested in "bringing Brady down",

 

[karguy85]

I'm a lawyer and I'm not sure I buy it (because he is taking a big hit to his character). However, it would be really funny if the penalty gets overturned on these grounds and Brady issues a statement saying that it was a legal maneuver aimed at getting Goodell to issue his decision based on information outside the CBA.

 

[ViperGTS]

All right, been thinking about this and bouncing it off labor people. Why would Bradly destroy a phone he is not even required to hand over. Here is a theory which makes sense.

The first reaction people will have is "Brady's getting his legal advice from Aaron Hernandez...destroying your phone on the day you are talking to Ted Wells is insane! But is Brady really Hernandez stupid? He does not even have to turn it over.

Brady and his team are smart people... so the real question is why would they snub noses in such a fashion?

To get a response. What response? To get the decision centered on non-cooperation on the phone issue. Destroying something you don't even have to turn over is done for a reason knowing it is a slap in the face.

Why? Because demanding a private individual's phone is an unfair labor practice.

The Vincent decision didn't hit non-cooperation hard enough.

The NFL probably didn't even know Brady destroyed the phone until the appeal hearing. Brady could have just said "I'm not giving it to you". Instead he testifies "I destroyed it the day I went to Wells, so you aren't getting it."

Goodell loses his mind. Bases punishment on unfair labor practice. Rope-a-doped into it.

Collective bargaining agreement: court can't touch rules based interpretations. It does have jurisdiction to address unfair labor practices and violations of collective bargaining agreement. The new document today is all about the phone.

Brady's team just suckered the NFL into moving their punishment basis and report to an area which is 99.9% favorable to Brady by destroying a phone that Brady would never have been forced to turn over.

Or....they never "destroyed" it, letting the NFL hang. They've made it about a phone that as you've stated he had zero requirement to turn over, not to mention the precedent it sets. Was Kessler involved at that point? I believe he was. I cannot see Brady do anything without legal consent. That would be something if Brady did on his own I doubt Kessler would stay on board.

Btw glad to have you back Pain!

 

[Dr Pain]

I'm a lawyer and I'm not sure I buy it (because he is taking a big hit to his character). However, it would be really funny if the penalty gets overturned on these grounds and Brady issues a statement saying that it was a legal maneuver aimed at getting Goodell to issue his decision based on information outside the CBA.

Yes this is a hit in the PR war but 95% of the US hates Brady already and this is not going to change till he is retired for a few years. Brady has the best lawyers and advisers in the world and they won't do anything by accident. Why do this? Brady's team is playing chess against the checkers players of the NFL. This foucus on the phone and non cooperation has always been the best chance to get overturned in federal court as an unfair labor practice. NFL walked right into a trap.

FYI was in Europe 3 weeks so that is why was not around

 

[Canuck]

I think Brady and his lawyers were pretty sure this was going to be tried in court. The details about the cell phone or data being destroyed would probably have come out during the discovery process. It's far better for this information to come out during the appeal process then during the court case. A person who brings forward additional evidence without being forced to is a sign of an innocent man.

http://www.mondaq.com/unitedstates/...nds+Expectation+Of+Privacy+In+Cell+Phone+Data

Basically it says law enforcement needs a search warrant to examine data on a cell phone. I think it would be very easy to argue that an arbitrator has no right to an individuals private cell phone records. If Brady was using a company (NFL or Patriots) cell phone, then he might have an argument.

Legally, I think nothing has changed. There will be the perception that destroying cell phone (data) is the act of a guilty person. In fact nothing has changed because they already think he is guilty. This just enforces what they already think.

I think Brady panicked when he thought Wells would have access to all his personal stuff on his cell phone and destroyed the data. He either did it on his own without knowing the law and/or he got bad advice probably from his agent. Wells knew he couldn't force Brady to hand over his cell phone. Wells had to get Brady to hand over the information on his own free will.

 

[Big-T]

By making it all about the phone, it brings Gostkowski not being punished into play.

Get Goodell on the stand in court, question one: "Mr Goodell, you have levied this punishment against Mr Brady for failing to hand over his phone, team mate Stephen Gostkowski also declined to hand over his phone yet wasn't punished...can you explain the reasoning?"

Not only is it a labor issue, it falls straight into malicious use of process and lands Goodell squarely as the guilty party in both cases.