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- Apr 3, 2006
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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.
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.