Poll: Would you prefer Brady's punishment overturned or sent to a neutral arbitrator?

[Palm Beach Pats Fan]

??

I think Andy is right.

The judge will decide either to

1) vacate (throw out) Brady's penalty, or
2) uphold it

He cannot declare Brady innocent, and he cannot lay down any new punishment.

I hope that he vacates the penalty, and in his decision has some very harsh words for the NFL, their procedures, their lies, and the nonexistence of concrete evidence, remarks that would be hard for the arbitrator to ignore. Sort of a "bully pulpit" influence toward the arbitrator overturning it,

 

[Ring 6]

These could be one in the same thing. Suppose the judge determines the following:

• The CBA allows Goodell the leeway to do everything up through the punishment assessed
• However, the Player is entitled to a fair and impartial hearing
• The appeal was anything BUT fair and impartial
• The appeal decision is vacated and the whole thing is being thrown to an outside arbitrator

So, you end up with the appeal decision being overturned AND the case being thrown to a third party arbitrator appointed by the judge.

That is really the only option.
The case in court is about whether Brady's rights to appeal the decision were given to him, and whether that hearing were fair.
For example, the NFLPA is arguing notice.
But they are arguing that the ARBITRATION DECISION was not just because Goodell did not consider these factors.
They are not and CANNOT argue that the original punishment is unjust, because their relief on that is appeal.

Put another way:

1)Player is penalized.
2) Recourse is to appeal.
3)Appeal is mishandled.
4)Recourse is to challenege the APPEAL in court.

If Brady wins we got back to #2.

Now there is the possibility that the judge comes down so hard and so strong on Goodell that he alters his arbitration findings, but that isn't going to happen.

 

[bruce_w]

This judge is lining up Tom for another railroad job and PR win for Goodell. Any compromise by Brady is an admission of guilt. This case has a looooong long long way to go.

 

[Schmo]

I want what makes the truth come out to make people realize how this league is being run. I voted for arbitration (not sure if I understand the ultimate consequences of both options), so that Brady can be cleared in relation to the ACTUAL issue. Everyone needs to see that Goodell's judgement is continuously and significantly wrong.

It's time to cut the tumor out of the NFL.

It's also an important consolation that Tom gets his reputation renewed if only for his legacy. He has been a true class act his entire career, and whether opposing fans hate him on the field or not, he and his family DESERVE the respect. He also deserves the continued endorsement $ (I know he already makes millions, and his wife makes even more, but the guy has been the best QB in the league for over a decade, but hasn't insisted on being paid for it in salary). He has sacrificed his own paycheck for the good of the team, and now they're taking away 4 games worth AND endorsement $? Nuh uh.

 

[JJC]

Now there is the possibility that the judge comes down so hard and so strong on Goodell that he alters his arbitration findings, but that isn't going to happen.

I think that is precisely why the judge has been emphatic in pushing the parties to settle before things go this route. If he decides rationally (IMHO), it goes to an arbitrator hand picked by him.

The downsides of this route for the NFL include:

• Does not end before the season starts, dominates the game coverage - owners unhappy
• Brady plays opening night to a roaring crowd, which is a PR win for Brady
• Discipline is held in abeyance while on appeal, possibly vacated by arbiter
• Washes more of the NFL dirty laundry in public, leads to firing of staff and possibly Goodell
• Sets precedent and maybe even changes (with bright lines) future disciplinary process
• Mandates renegotiation of CBA before the term is up, because it is found to be fundamentally flawed

The downside for NFLPA/Brady include:

• Four game suspension occurs at the tail end of the season, when it matters most - could include playoff games and carry over to 2016 season
• The truth is exposed that the warm afterglow of the Scientific Revolution and the Enlightenment has dissipated and Sauron's shadow creeps across the landscape as we descend into a new Dark Age of ignorance, superstition, corruption, and abuse of power.

I'd rather be in Brady's shoes in this circumstance. He and his advisers are playing the smart legal game, which is say only what must be said and nail it in the court. Then begin the PR war to paint him as either giant-killer (David v. Goliath) or martyr (Sparta v. Persia).

Either:

You come against me with sword and spear and javelin, but I come against you in the name of the Lord Almighty, the God of the armies of Israel, whom you have defied. This day the Lord will deliver you into my hands, and I’ll strike you down and cut off your head.

or

Stranger, tell the Spartans that we behaved as they would wish us to, and are buried here.

 

[RelocatedPatFan]

I'll offer my non-answer as my want will have no bearing on the outcome of the decision(s). Really, if we all knew what Brady really wanted, that's what I would go with as that's what he deserves (from me).

Personally, I'd like to see him kick the NFL front office all the way up and down park avenue. Whether that's from an overturn/defamation or neutral arbitrator (as long as he gets his say).

 

[Mr. Plow]

It's extremely unlikely that the judge is going to overturn the punishment. I think that referring the case to a neutral arbitrator, while also unlikely, would be wonderful, and is probably the best we can hope for.

 

[VectorPrime]

It's extremely unlikely that the judge is going to overturn the punishment. I think that referring the case to a neutral arbitrator, while also unlikely, would be wonderful, and is probably the best we can hope for.

Why is that?

 

[Gronkowski123]

nothing has gone our way during this dumb " investigation " i dont expect things to start changing anytime soon. berman will uphold the nfl's crazy suspension.
the new line from the national media " brady found guilty of cheating by judge " we'll never hear the end of it...unless you stop watching espn/etc.

logic doesn't seem to matter anymore/neither do "facts ". goodell is a piece of trash

 

[Gronkowski123]

This judge is lining up Tom for another railroad job and PR win for Goodell. Any compromise by Brady is an admission of guilt. This case has a looooong long long way to go.

if brady admits any guilt, isnt that perjury??

btw the nfl will always win the battle of public opinion. people's minds were already made up after the mort report.

 

[Galeb]

Since overturned would set another legal precedent, it is clearly a no-brainer.

 

[PatsFanSince74]

It's my understanding that those are not the relevant options.

Judge Berman will either Uphold or Vacate Goodell's ruling.

If he upholds Goodell's ruling, school's pretty much out on this front for Brady. The likelihood that an Appeal by Brady would be successful is limited, though I guess he could try to apply for an Injunction to his Suspension, pending the outcome of the Appeal. Brady's options then would move towards a Defamation suit, as I understand it. I'm not smart enough to know what his chances of success in that regard would be.

If Judge Berman vacates the ruling, the NFL's options will be driven largely by the content of Judge Berman's Order to vacate. As I understand it, the more scathing the Order, the more limited the NFL's options will be.

 

[Mr. Plow]

Why is that?

Berman isn't going to re-open the Wells Report. At best, he may decide that Goodell's decisions on appeal violated the CBA. In that case, he might as an independent arbitrator to resolve the dispute, which I would find delightful.

 

[PatsFanSince74]

nothing has gone our way during this dumb " investigation " i dont expect things to start changing anytime soon. berman will uphold the nfl's crazy suspension.
the new line from the national media " brady found guilty of cheating by judge " we'll never hear the end of it...unless you stop watching espn/etc.

logic doesn't seem to matter anymore/neither do "facts ". goodell is a piece of trash

I'm not ready to give up on a pleasant surprise from Judge Berman, but, technically, the judge won't "uphold the nfl's crazy suspension" but he will "uphold the crazy terms of the CBA to which the NFLPA agreed."

 

[VectorPrime]

Berman isn't going to re-open the Wells Report. At best, he may decide that Goodell's decisions on appeal violated the CBA. In that case, he might as an independent arbitrator to resolve the dispute, which I would find delightful.

So what's the problem? Just get Brady back on the field, we can worry about other things later.

 

[Gronkowski123]

I'm not ready to give up on a pleasant surprise from Judge Berman, but, technically, the judge won't "uphold the nfl's crazy suspension" but he will "uphold the crazy terms of the CBA to which the NFLPA agreed."

article 49 blah blah blah..bothers me that damarice smith will be in there with tom.
it's his fault that roger has so much power..

 

[PatsFanSince74]

article 49 blah blah blah..bothers me that damarice smith will be in there with tom.
it's his fault that roger has so much power..

in many ways, it's all of our faults. we, the fans, didn't want a strike. we, the fans (at least, this fan) would have been pissed as hell at the NFLPA if it had struck over so obscure a clause in 2010. at least, I'll admit that.

 

[RelocatedPatFan]

in many ways, it's all of our faults. we, the fans, didn't want a strike. we, the fans (at least, this fan) would have been pissed as hell at the NFLPA if it had struck over so obscure a clause in 2010. at least, I'll admit that.

Well the only real change (in limited context to this case/it is significant) is the commissioner as arbitrator. Article 46 has always been there (and Goodell has been abusing it for over a year...unsuccessfully).

 

[Mack Herron]

in many ways, it's all of our faults. we, the fans, didn't want a strike. we, the fans (at least, this fan) would have been pissed as hell at the NFLPA if it had struck over so obscure a clause in 2010. at least, I'll admit that.

Would not have been an issue with any other commissioner.

 

[PatsFanSince74]

Would not have been an issue with any other commissioner.

to paraphrase donald rumsfeld, "We go to war with the Commissioner we have, not the Commissioner we want to have."