PFT: NFL from "generally aware" to "approved of"

[Hoodie]

http://profootballtalk.nbcsports.co...rgue-conflicting-degrees-of-brady-misconduct/

But the language changed in the ruling on appeal, made much stronger and more forceful by Commissioner Roger Goodell than the terms used by Wells and adopted by Vincent:

“In short, available electronic evidence, coupled with information compiled in the investigators’ interviews, leads me to conclude that Mr. Brady knew about, approved of, consented to, and provided inducements and rewards in support of a scheme by which, with Mr. Jastremski’s support, Mr. McNally tampered with the game balls.”​

 

[NE_Zealot]

Methinks there will be no settlement come Wednesday

 

[SHOWTIME15]

If Judge Berman has any pro-labor bone in his body, he will see this investigation for what it is.

 

[BelichickFan]

They keep changing. Just like for months we heard about the "Independent Wells Report" but now that the Independence has been proven to be a lie they have changed to say it doesn't need to be independent.

 

[chasa]

Brady really needs to sue for defamation at this point.

 

[NE_Zealot]

They keep changing. Just like for months we heard about the "Independent Wells Report" but now that the Independence has been proven to be a lie they have changed to say it doesn't need to be independent.

Just more posturing. They are digging their heels in and allowing it to go to Judge Berman for judgment. Both sides are pushing every chip into the middle of the table.

 

[Fixit]

Is he trying to get sued by as many people as possible? It's like he lost a bet or something.

 

[Froob]

How long before it's Brady threatened the Dorito Dinks against their will to do it?

 

[neuronet]

http://profootballtalk.nbcsports.co...rgue-conflicting-degrees-of-brady-misconduct/

But the language changed in the ruling on appeal, made much stronger and more forceful by Commissioner Roger Goodell than the terms used by Wells and adopted by Vincent: “In short, available electronic evidence, coupled with information compiled in the investigators’ interviews, leads me to conclude that Mr. Brady knew about, approved of, consented to, and provided inducements and rewards in support of a scheme by which, with Mr. Jastremski’s support, Mr. McNally tampered with the game balls.”

Translation: "I am a slimy piece of **** with no honor, no integrity, and I have zero respect for Tom Brady or the truth. I also assume that nobody is smart enough to see this, and hope that nobody is smart enough to read transcripts of Tom Brady's appeal and rub their neurons together long enough to realize what a bottom-feeding skid-mark I am."

 

[Ross12]

"So based on my not independent report, which states you were generally aware of something that may have happened, and having heard you testify under oath at risk of perjury that you have done nothing wrong, I have come to the conclusion that you definitely approved of, knew about, consented to and provided inducements toward a ball deflation scheme."

That's literally the logic Goodell is using.

 

[QuantumMechanic]

This, sadly, could be a stroke of genius by the NYFL.

Since Berman is only reviewing procedure, not judgement/facts, this grounds the punishment on something that I bet players do have notice of and is a type of violation that's been applied to players, as opposed to the "generally aware" BS.

 

[Love The Drake]

 

[XLIX]

Goodell strengthened the verbiage in order to help his chances of the punishment surviving the appeal.

The NFLPA is absolutely right; when has a player even been punished for being "generally aware" something was happening? The NFL has to up the ante by turning Brady from a passive observer to an active participant.

It is just another one of their slimy, despicable tactics. Brady is be punished for being a nice guy that signs autographs for people.

 

[mgteich]

The legal question before the court is whether Goodell did enough to violate the CBA for the courts to vacate the courts for the third (or 4th) time in 68 tries.

Most seem to believe that the answer is "yes". The primary issue is the lack of notice to Brady with regard to players being subject to suspension for the the acts that he is convicted of doing. The CBA fine for such action to a player is a fine of $25K.

There are other relatively minor issues that I suspect don't rise to the level of the court decided to overrule the league. Did Vincent announcing the suspension really mean that Goodell wasn't in charge? Would the court overturn because the head of the league was not impartial when the CAB specifically says that he should be making theses decisions? Will the court decide who should be on committees appointed by the commissioner and decide whether they are fair or not.

IMHO, none of these other issues are enough for the court to overturn. However, the one issue is clearly enough. The league has little to stand on with regard to issuing suspensions when fines are the required punishment under the CBA.

PLEASE NOTE
The facts in the case are NOT being considered. What Brady did or didn't do is not under consideration. The question is whether the league overstepped its rights under the CBA. The malicious intent of Goodell is not at issue. All the other issues could be brought up in a defamation suit. Has any player EVER successfully won such a suit. It seems that this kind of suit would be even harder to win than the overturning of penalties.

 

[Love The Drake]

View attachment 9951

After years of embarrassment to our great league I give you change I give you a bright young independent mind who is incorruptible and has nothing but good times planned for our great sport its with the greatest pleasure I introduce you to our new commisioner may his reign go thru to his akward years.

 

[mgteich]

It is just another one of their slimy, despicable tactics.

Don't you mean tactics that are used by lawyers and defendants in almost every court case to make it more likely that their side wins?

I'm sure those who support the league considers the conduct of Yee over the past months to be equally offensive.

 

[Ivan]

This, sadly, could be a stroke of genius by the NYFL.

Since Berman is only reviewing procedure, not judgement/facts, this grounds the punishment on something that I bet players do have notice of and is a type of violation that's been applied to players, as opposed to the "generally aware" BS.

I doubt it, Kessler is challenging the NFL on the generally aware of standard and the judge is definitely going to want to know how the language changed after the sanctions. I don't think Berman is an idiot and I believe he will see right through this charade. And as mentioned I think this should push Brady to a defamation suit.

 

[mgteich]

Just more posturing. They are digging their heels in and allowing it to go to Judge Berman for judgment. Both sides are pushing every chip into the middle of the table.

as they should

Apparently, Brady agreed to accept the CBA punishment, event though he is innocent. The league refused to have Brady being publicly guilty of all charges and the league's decision upheld. That wasn't enough for Goodell. Now, it is up to the judge to decide.

 

[PatsFanSince74]

Just more posturing. They are digging their heels in and allowing it to go to Judge Berman for judgment. Both sides are pushing every chip into the middle of the table.

Interesting. Since the Judge asked them to try to settle and since, if you are right, both sides are "digging their heels in," whoever loses will lose big...and they both know that.

This is not a complicated ruling. Judge Berman either finds that the CBA allowed the League to do what it did or he finds that it did not. In fact, it's not out of the question that the Judge could feel that Brady has been treated shabbily but that he has to rule in Goodell's favor, because the CBA is worded so broadly when it comes to the Commissioner's power in this regard (please note that I am NOT saying that is what will or should happen).

My view has always been that Goodell has more to lose than Brady, whose reputation has already been dragged through the mud and who probably has viewed the four game day paychecks as "sunk cost" since the day Vincent issued his penalties. Goodell, on the other hand, is finished if the Judge rules to vacate his decision.

I think the judge's demeanor and the questions he asks on Wednesday will give both parties a very good idea of how is inclined to rule.

 

[VectorPrime]

This, sadly, could be a stroke of genius by the NYFL.

Since Berman is only reviewing procedure, not judgement/facts, this grounds the punishment on something that I bet players do have notice of and is a type of violation that's been applied to players, as opposed to the "generally aware" BS.

But how can they retroactively change it?