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August 12th transcript finally available


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When you read the transcript, Nash doesnt sound too bad. but the whole transcript is quotable.
 
Scribd will only let me read the first few pages. If anyone else has a pdf or something please post it.
 
Here it is in PDF format. I have never attempted uploading a PDF file. Hope it works.
 

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  • NFL-v-Brady-Berman-August-12th-hearing.pdf
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That's great.
 
I agree...It didn't seem so bad for either party. More like asking questions to gain information.

I want to see the document from today.
 
For some reason this amused me. All the introductions and everyone giving their job or reason for being there and Brady just introduces himself as Tom Brady. "Hi, I'm Tom Brady, my job is being Tom f***ing Brady. Enough said."


MR. NASH: Yes, your Honor. Daniel Nash here on behalf of the National Football League Management Council. I can introduce the others for you.

MS. EISENSTEIN: Your Honor, Stacey Eisenstein on behalf of the National Football League Management Council.

MR. BIRCH: Hi, your Honor. Adolpho Birch with Football League.

THE COURT: Hi.

MR. LEVY: Your Honor, Gregg Levy of Covington & legal advisor to the Commissioner.

MR. GOODELL: Your Honor, Roger Goodell, NFL Commissioner.

MR. PASH: Good morning, your Honor. Jeffrey Pash, NFL general counsel.

MR. KESSLER: Good morning, your Honor. Jeffrey Kessler of Winston & Strawn for the NFLPA and Mr. Brady.

MR. GREENSPAN: Good morning, your Honor. David Greenspan for the NFLPA and Mr. Brady.

MR. BRADY: Good morning, your Honor; Tom Brady.

MR. DUBIN: Good morning, your Honor. Stephen Dubin for Tom Brady.

MR. SMITH: Good morning, your Honor. DeMaurice Smith, NFL Players Association.

MR. YEE: Good morning, your Honor. Donald Yee, Yee & Dubin, LLP, for Tom Brady.
 
Another interesting item....Goodell implies (if he doesn't outright state) that Brady destroyed his cell phone on the same day he met with Wells. Kessler denies that. He says that's just the date Brady started using the new phone. There is no evidence it was destroyed that day.
 
Nash cites a case they lost to support their case.

Now, we understand that the Court in the Peterson case reached a different conclusion about how to interpret past precedent and that is now on appeal in the Eighth Circuit.
 


  1. Kessler should do stand up comedy.

    I don't worry about anyone looking at my pictures of my wife -- they have been lovely pictures, by the way, I want to say that on the record, but there is not a great demand of that or my pool cover because I don't have a pool.
 
  1. Berman here basically saying "look, I was a lawyer, I know how this works, you get your facts, your experts and you make a case."

    I know people have said this legally may not be relevant but I think when you basically sold yourself as one thing to the public, and you aren't what you said it establishes you're a liar. IMO, not a good start.



    So, there is one issue that's been raised and that is that their investigation and their role has been characterized as independent and that, there is some question in my mind not to suggest that they would not be anything but above board but I remember that, you know, I worked at a big firm at one time and with respect to our clients we were anything but independent, we were fierce in support of our clients and in all matters. And, in fact, I think Mr. Wells testified at the hearing that he was retained to support the decision of Mr. Goodell in this matter.
 
Wow thanks so much for the pdf, this is some seriously good reading! I love how Berman actually knows the game and talks about Brady's exact numbers before and after half-time. Makes me believe he's a fan of the game. Guess I'm being naive but always thought of Judges as too busy with work to watch sports.
 
  1. Nash lying to backup Goodell's lie. NFL seems to think judge is stupid. If there argument is facts don't matter why lie to judge about facts?


    It gets ignored that the Wells report also noted that Mr. Brady's explanations for both his communications with Mr. Jastremski and following the championship game were not really credible.
 
I hate law. Or I thought I did. Are all judges like Berman? Reading this is so interesting. I could read his transcripts on pool covers or toilet seats and be in awe.

I love the way he speaks.

Never have I wanted to be in a courtroom more than I do for Berman.
 
"You know, did he knowthat McNally took the balls unaccompanied into a bathroom? Didhe know that in the bathroom, if in fact it happened, McNallydeflated the balls?"

Some clarity on one of the tweets from last week where people thought the judge admitted they were deflated.

"If in fact if happened" was left out of that tweet. Judge Berman has also stated he is going to play devils advocate in this case. The more I read the more I believe that, despite stating it half a dozen times in his opening, he truly has already made up his mind.
 
THE COURT: You may disagree or not but certainly if you read the Wells report and if you read Mr. Goodell'sdecision they, and certainly more than Mr. Brady in terms ofevidence, but it looks like in a game in this AFC Championshipgame that we are talking about, that they or one of themdeflated the game balls -- that the suggestion, clearly, isthat that was Mr. McNally.Why would or would either of them ever do that withoutMr. Brady's consent and/or awareness? I mean, is itconceivable that those Patriots officials -- I mean Mr. Brady,of course, is the quarterback and he is the one who is going tobe throwing those balls. He, as other quarterbacks, has a keeninterest in how they feel and, you know, what pressure persquare inch to what degree they are inflated. Why would orwould either of those two people do that without his knowledgeand consent?

MR. KESSLER: Well, to start, your Honor -- and I willanswer your question -- I just want to make it clear we do notbelieve that there is real evidence that there was suchdeflation but I understand that's what the Wells reportconcluded. So, my answer is going to be based on the premisethat that is what the Wells report concluded, not that the factthat such deflation occurred.




There we go again, this is why twitter sucks. Stop believing everything you read on it. Kessler said they don't agree. It wasn't setup for a settlement, it was just left out.
 
Kessler: "First of all, what the NFL doesn't deny is that what Mr. Wells had asked for was any text to three people, that was all; he want Mr. McNally, he wanted Mr. Jastremski and he wanted Schoenberg."


Wow! This is the first I have read this. So Wells specifically asked for texts to only these three people. Wells already had those texts. That means they had everything. So all this crap about the phone is complete b.s. It was irrelevent. I already knew it was b.s., but here it is spelled out, it is officially irrelevent b.s.! The only thing Brady did not give Wells that he asked for was e-mails which he eventually did hand over. This is so corrupt.
 
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