NFL files its opening brief in Deflategate appeal.

[Ice_Ice_Brady]

Most of the harsh wording is, believe it or not, strategic this time around. They are trying to move to paint Brady in the worst light possible, since part of Berman's ruling involved the Wells Report's conclusion that Brady was "generally aware", which is without precedent. They are trying to claim Goodell did not use the Wells Report conclusions as his basis but formed his own opinion that Brady's guilt was certain and egregious. It is preposterous, but they don't need to prove, in their opinion, that there is a valid reason to jump to this conclusion, although Berman also called out this complete leap of logic. In the NFL's view, Goodell is entitled to make such a leap as dumb as it is. I understand why the NFL is being more ironclad and harsh in their characterization of Brady, as it is their only choice at this point. They went in wishy washy before and Berman threw it back in their faces.

I think this would matter only if the court accepts the de novo judgement. If not, everything they are arguing doesn't seem very strong. Berman cited case law, which judges do. Unless he misinterpreted or made a huge error, this is about Berman's right to make the decision he did, much like the NFL argued that Goodell had every right to his decision, whether you agree with it or not. How deliciously ironic.

I think after the NFLPA files their response, the NFL's argument will be exposed, as usual, for being weak. Their arguments last time bordered on dishonest. I suspect this time around it is the same tricks and manipulations, since that is their motto.

 

[JMC00]

That depends on exactly what CA2 does. CA2 has the power to decide all the things Berman left undecided -- and the NFL has asked CA2 to do precisely that.

Which they'd probably send it back to him to rule on before they ever would rule on it.

 

[Jlaff]

I know this has been brought up before, but this is how bent the needle of the non-logo gauge was:

The NFL wants everyone to believe that, after testing the PSI in 48 footballs (12 for each team for the game, but 24 back-up balls) with one of these two gauges, Anderson could have confused the two.

The "Limp-**** Goodell" gauge.

 

[Patsfanin Philly]

They are so intent on proving that Brady did something wrong they have completely lost any scintilla of common sense..

Never understood why they did not speak with the former backup quarterbacks of the NFL who went to the Pats finishing school.. Mallett, Cassell, Hoyer and the rest who might provide some insight here.. instead they take the Tomase approach and try to make their "narrative" fit the conclusion.

I 'm not seeing boogiemen under the bed but now that Mallett's unemployed, I can really see one of those bozos at 345 Park Ave. approaching him with this kind of deal,
"rat out Brady even if you have to make it up and we promise to get a team to sign you..".......
Tell me it is not beyond consideration with these d-bags.......

 

[Patsfanin Philly]

Unless the CA2 is full of nutty Jets fans, I'm pretty confident the decision is going to stand. I'm also pretty confident the SCOTUS isn't going to waste any further judicial resources on this nonsense by granting cert.

I hope the first thing Brady does after cert. is denied is sue the bejeezus out of Goodell and the league.

He has time as
Mass. has a three year Statute of Limitations on defamation while NY's SOL is one year...

 

[goheels22002]

How do you know this?

According to Kessler all the stuff that he didn't rule on would go back to Berman if the NFL wins the appeal.

That post was a joke. Nevertheless, if the NFL loses on appeal, they might file a Writ of Certiori to have the appellate court's ruling reviewed. But that would continue the stupidity.

 

[Gronkowski123]

Remember when Troy Vincent criticized the NFLPA for a frivolous waste of players money?? Imagine all the good the NFL could be doing with this frivolous expense???

Perhaps all the other morally upright owners like Jerruh, Davis and Irsay could help influence Goodell to channel these costs into worthwhile ventures..[/QUOTE]

kraft's paying for this as well.
going to arthur blank/jerry jone's party's > standing behind the greatest player in your franchises history.

maybe one day tom will finally tell us how he really feels

 

[RobertWeathers]

maybe one day tom will finally tell us how he really feels

Is this really a question?

 

[ReverendMaynard]

Is this really a question?

I'd say it is. Many of us here feel that Kraft is as complicit as anyone in this farce. It's entirely possible that Brady feels the same way. As pointed out above, it's Kraft's money as much as anyone's that's funding those $6000/hr lawyers that he conveniently turns around and blames to the fans. Most fans aren't buying it, and there's no reason to suspect that Brady is either.

 

[YOUGOTMOSSED]

He has time as
Mass. has a three year Statute of Limitations on defamation while NY's SOL is one year...

Why on Earth would he file in NY?

Offhand I don't know if MA has some kind of "borrowing statute" or what kind of "choice of law" analysis a MA court would use in a defamation action but since Brady was living in MA when the defamation took place he should have no problem getting a MA state court venue (of course, it may be removed to federal district court, but that's another matter).

 

[RobertWeathers]

I'd say it is. Many of us here feel that Kraft is as complicit as anyone in this farce. It's entirely possible that Brady feels the same way. As pointed out above, it's Kraft's money as much as anyone's that's funding those $6000/hr lawyers that he conveniently turns around and blames to the fans. Most fans aren't buying it, and there's no reason to suspect that Brady is either.

While I certainly do not have insight into TB12's emotions, at a minimum he is severely pissed off at Goodell the the league and anyone on the planet that has expressed a lack of faith in his genuineness in denying these allegations. I do believe him when he says he can't spend his energy on being occupied by those feelings 24x7.

I think he understands Kraft's position and I don't think he is pissed off at Kraft.

With that said, it is not Kraft's money per se that is being spent. The NFL owners approve an operating budget and that is adhered to. That budget fluctuates based on revenue, etc. The legal expenses come from that budget.

 

[DarrylS]

I 'm not seeing boogiemen under the bed but now that Mallett's unemployed, I can really see one of those bozos at 345 Park Ave. approaching him with this kind of deal,
"rat out Brady even if you have to make it up and we promise to get a team to sign you..".......
Tell me it is not beyond consideration with these d-bags.......

I agree, however in the course of this investigation no one either from the Media or NFL Offices every spoke to any of these guys regarding these trumped up allegations..

One might have thought that would be the place to start, particularly as how Zolak rants about what a back up quarter back actually does the day before the game..

IMO a slippery slope here is the NFL telling one court that another court(judge) exceeded their jurisdiction, particularly as the NFL filed the initial litigation in the court to affirm its decision..

 

[jack keenan]

Phone call in New York less than an hour ago;
"WHAT!? What do you mean you just filed it this morning?! Do you realize they're playing Miami on Thursday?!"
"Wait, Thursday? I thought they were playing on Sunday, so by then this wouldn't be such a big deal! I'm wicked sorry, Rog, really I am!"
"You're an idiot, I don't know why we hired you. There goes the season, and now I'll have to give those bastards another trophy! ARRRRRRGGGGGGHHHHHH!"

 

[ReverendMaynard]

While I certainly do not have insight into TB12's emotions, at a minimum he is severely pissed off at Goodell the the league and anyone on the planet that has expressed a lack of faith in his genuineness in denying these allegations. I do believe him when he says he can't spend his energy on being occupied by those feelings 24x7.

I think he understands Kraft's position and I don't think he is pissed off at Kraft.

With that said, it is not Kraft's money per se that is being spent. The NFL owners approve an operating budget and that is adhered to. That budget fluctuates based on revenue, etc. The legal expenses come from that budget.

You're probably right. I know I wouldn't be able to report to work everyday, let alone put in the kind of effort that Brady does, if I felt my employer had abandoned my entire team as badly as I believe Kraft abandoned the Pats. I don't know how he rationalizes it, but he must, I guess.

 

[ReverendMaynard]

I agree, however in the course of this investigation no one either from the Media or NFL Offices every spoke to any of these guys regarding these trumped up allegations..

One might have thought that would be the place to start, particularly as how Zolak rants about what a back up quarter back actually does the day before the game..

IMO a slippery slope here is the NFL telling one court that another court(judge) exceeded their jurisdiction, particularly as the NFL filed the initial litigation in the court to affirm its decision..

Actually, since no notes were made available to anyone outside the league offices, we don't know if they ever interviewed those guys. All we know is that they didn't say anything incriminating enough to end up in the Pash/Wells report.

 

[Jlaff]

I 'm not seeing boogiemen under the bed but now that Mallett's unemployed, I can really see one of those bozos at 345 Park Ave. approaching him with this kind of deal,
"rat out Brady even if you have to make it up and we promise to get a team to sign you..".......
Tell me it is not beyond consideration with these d-bags.......

I'd think Mallet would have to really think his career was done for that to happen. And by all accounts this guy seems somewhat convinced of his greatness.

Sadly not outside the realm of possibility though.

 

[BradyFTW!]

Most of the harsh wording is, believe it or not, strategic this time around. They are trying to move to paint Brady in the worst light possible, since part of Berman's ruling involved the Wells Report's conclusion that Brady was "generally aware", which is without precedent. They are trying to claim Goodell did not use the Wells Report conclusions as his basis but formed his own opinion that Brady's guilt was certain and egregious. It is preposterous, but they don't need to prove, in their opinion, that there is a valid reason to jump to this conclusion, although Berman also called out this complete leap of logic. In the NFL's view, Goodell is entitled to make such a leap as dumb as it is. I understand why the NFL is being more ironclad and harsh in their characterization of Brady, as it is their only choice at this point. They went in wishy washy before and Berman threw it back in their faces.

I think this would matter only if the court accepts the de novo judgement. If not, everything they are arguing doesn't seem very strong. Berman cited case law, which judges do. Unless he misinterpreted or made a huge error, this is about Berman's right to make the decision he did, much like the NFL argued that Goodell had every right to his decision, whether you agree with it or not. How deliciously ironic.

I think after the NFLPA files their response, the NFL's argument will be exposed, as usual, for being weak. Their arguments last time bordered on dishonest. I suspect this time around it is the same tricks and manipulations, since that is their motto.

They can try to do that all they want, but Troy Vincent already stated in court that the Wells Report was the sole basis for reaching the conclusions that he reached. Moving the goalposts after the fact just further undermines the notion that Goodell was an impartial arbitrator. And now the best case scenario for them is that the appeal wins and the case goes back to Berman to rule on Goodell's evident partiality.

 

[RobertWeathers]

You're probably right. I know I wouldn't be able to report to work everyday, let alone put in the kind of effort that Brady does, if I felt my employer had abandoned my entire team as badly as I believe Kraft abandoned the Pats. I don't know how he rationalizes it, but he must, I guess.

Yep- It's in TB12's best interest to compartmentalize both internally and externally which it seems to be he is doing a great job of. I do think he has an appreciation and a respect for Bob's situation even though he may think he was a complete wuss in bending over to the NFL.

While no one really knows, I'm almost 99% sure TB12, Bob and Jonathan had a brutally honest discussion about this entire thing. While Bob did F up, I think he made it clear to Tom that his situation was highly undesirable one and he needed to do what he felt was in the best interest of the team and the league. In kind, Tom told Bob exactly what he needed to do and Bob/Jonathan told him that they would support him as best they could. In other words, they understand each other's plight.

At the end of the day, if ownership and GoAT have trust issues this whole thing falls apart. Thankfully, both sides were mature enough to realize that winning is the most important thing and find a path to closure that they can both live with.

 

[rochrist]

It has "PC culture" mentality written all over it.
Your rights end where my feelings begin.

No it doesn't.

 

[The Brandon Five]

If I knew that being that dumb paid so well I would have eaten more paint chips as a child.

Reading this again, I realize that I am admitting to eating some paint chips...erm...awkward...