Goodell already screwed up appeal

Sally Jenkins tweeted a link to this article from Mike Florio: http://tinyurl.com/lxem5qm

asking brady for new information is helpful to brady. if goodell relies on only the wells report, then brady is screwed.

In an independent appeal Brady can use whatever info he wants while the NFL is stuck only with the Wells report which is a piece of crap.

I hope Brady doesn't try very hard. Go to court and expose Goodell and Kensil's phone and email.

Also clearly written in the CBA is that there is discovery (exchange of facts and documents that will be used in the appeal)
requirement three days pre-hearing or it can't be used to prevent a gotcha moment...
why do I think Goodell will screw this up......and try to bring something in at the last moment....

My concern was that his statements saying Brady could bring new evidence suggested for me implicitly that Goodell would require new evidence to overturn the decision. . Meaning that, in my view, he is in a way publicly stating that he already agrees with the decision.

Which is publicly stating he will be entering the appeals process with bias (not that we didn't know this already, but to state it is something else). Wonder how the court which eventually reviews this matter will view that.

Really, the only part of the Florio article you needed to read was the last sentence:

Which will do nothing to dissuade the NFL Players Association from arguing that the NFL is, once again, making it up as it goes.

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This is also a great example of why attorneys tell their clients to STFU and let them do the talking. The Commissioner* offering his desire for Brady to offer new information could be viewed in a negative light for several reasons:

1. Witness tampering
2. Indication of pre-existing bias in role of appeal arbitrator
3. Undermining the legality to the process itself
4. Conspiracy to defame
5. Unequal treatment of a union member

I'm sure there are a few more creative ways to interpret his comments unfavorably and the NFLPA/Brady's attorneys will be cataloging and cross referencing them through the appeals process.

Can we just skip the appeal and go straight to the lawsuit please?

Goodell has been discussed here sporadically prior to this issue regarding his dealings on issues not involving the Patriots and it is readily apparent that he is incompetent. Despite protections offered by the CBA, his ineptitude has been exposed in litigation that has reached independent voices (eg, Tagliabue and judges). Despite incentives to reach agreement, Stephanie Stradley sees this one going the distance. While acknowledging the unpredictability of the legal system, she does not hide her thoughts about the NFL:

The NFL investigation and discipline regime has evolved into something (predictably) insane. If you choose to expand your pseudo-legal powers as you go, to be tough on whatever the pet issue du jour is, the frankenmonster that results will likely terrorize the village.

Tom Brady has union protections, has great lawyering paid by the NFLPA, and knows that what happens with his matter may help protect players who aren't Tom Brady. He is at the end of his career with nothing more to prove. I don't think he backs down until he has no options or if the NFL caves.

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http://abovethelaw.com/2015/05/shou...d-roger-goodell-a-deflategate-email-exchange/

This is truly shaping up as the mother of all battles with Goodell vs. Brady. Buckle up.

I do wonder if, assuming Goodell says "no dice, I'm hearing your appeal" officially, Brady may skip the appeal entirely and sue outright. The NFLPA formally requested he recuse himself; he didn't, so it seems like going through with the appeal would be a waste of time.

Edit: spelling

Mack Herron said:

Goodell has been discussed here sporadically prior to this issue regarding his dealings on issues not involving the Patriots and it is readily apparent that he is incompetent. Despite protections offered by the CBA, his ineptitude has been exposed in litigation that has reached independent voices (eg, Tagliabue and judges). Despite incentives to reach agreement, Stephanie Stradley sees this one going the distance. While acknowledging the unpredictability of the legal system she does not downplay her thoughts about the NFL:

http://abovethelaw.com/2015/05/shou...d-roger-goodell-a-deflategate-email-exchange/

This is truly shaping up as the mother of all battles with Goodell vs. Brady. Buckle up.

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Taking down Goodell would be a great exclamation mark on Brady's legacy.

Ross12 said:

I do wonder if, assuming Goodell says "no dice, I'm hearing your appeal" officially, Brady may skip the appeal entirely and sue outright. They NFLPA formally requested be recuse himself; he didn't, so it seems like going through with the appeal would be a waste of time.

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I suspect that they will go through the motions of the appeal, because the NFL* to date just seems to stick their foot further down their throat with each interaction. When your adversary/enemy is destroying himself, why stop him? Any flawed appeal process simply provides the NFLPA attorneys with more fodder for their court case.

This should be solid evidence why the commissioner should be an attorney like Tags.......so he has a clue as to what due process entails and the nuances of dealing w legal/disciplinary matters.

VectorPrime said:

Can we just skip the appeal and go straight to the lawsuit please?

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Defamation? There's a LOT of gray area there, as many people have pointed out, which is why many feel that it's not too likely to occur. It's hardly a clear cut situation where Brady would be granted a bite at that apple.

A so-called "independent investigation" that presents some loosely based findings of guilt ('more probable than not that he was generally aware' is very careful wording) is hardly an attempt at defamation of character. Can a suspension or loss of pay be overturned? Yes. Can the legality of the CBA and power of the commissioner be questioned? Yes--but you're talking about something entirely different in terms of suing someone for willfully attempting to destroy one's character, and that may be difficult to prove.

VectorPrime said:

Can we just skip the appeal and go straight to the lawsuit please?

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http://www.reelz.com/trailer-clips/49396/my-cousin-vinny-clip

I don't expect any satisfaction from the arbitration hearing. IMO, do not pass go, go directly to court.

JJC said:

I suspect that they will go through the motions of the appeal, because the NFL* to date just seems to stick their foot further down their throat with each interaction. When your adversary/enemy is destroying himself, why stop him? Any flawed appeal process simply provides the NFLPA attorneys with more fodder for their court case.

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I wouldn't imagine any federal court to accept the case to rule on third party arbitration when the appeals process of the labor contract hasn't yet occurred, but that's just my opinion.

The CBA was designed as a labor agreement between the two parties, so it's quite likely that they have no choice.

TommyBrady12 said:

asking brady for new information is helpful to brady. if goodell relies on only the wells report, then brady is screwed.

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Goodell didn't intend for new information to be provided or revealed. IMHO Goodell would not in any way, shape or form want exculpatory evidence to come to light. That may become a PR nightmare for him to have to answer why he, his investigator, his staff got it so wrong(incompetence, unfairness). For a person/office/league that is PR justice driven, avoidance of PR nightmares is singularly important.

Goodell's words were lip service intended to make himself look fair, even magnanimous. That his words fly in the face of proper procedure should be of not big surprise either. When you operate under the guise of PR justice you are certain to make statements that are improper and must be later backtracked on.

Ross12 said:

I do wonder if, assuming Goodell says "no dice, I'm hearing your appeal" officially, Brady may skip the appeal entirely and sue outright. They NFLPA formally requested be recuse himself; he didn't, so it seems like going through with the appeal would be a waste of time.

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Wouldn't it be better to have Roger sit on the appeal so that NFLPA or Tom Brady can use that to further prove the lack of fairness in the process to an outside court?

supafly said:

I wouldn't imagine any federal court to accept the case to rule on third party arbitration when the appeals process of the labor contract hasn't yet occurred, but that's just my opinion.

The CBA was designed as a labor agreement between the two parties, so it's quite likely that they have no choice.

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I believe you're correct Sup. The Florio article points out 'abuse of discretion' (I assume this is the main legal avenue for Brady's appeal beyond the NFL). How could a court take up abuse of discretion, and whatever else will be the procedural argument against Goodell, without the the formal process to rectify the perceived wrong being completed? But not too big of a deal as I am sure Brady's/NFLPA's legal team know the NFL appeal process though pre-decided is a necessary formality.

For me I am not so interested in the appeal of the punishment. IMHO Brady has a very good argument that the punishment is too stiff. Goodell has an established abuse of discretion of punishment, Goodell will have to explain why Spygate is a precursor to a stiffer penalty for Brady (Spygate is a team violation that is absolutely not a player thing), and we have several examples of 'football doctoring' that produced very little punishment. What I am interested to see is in regards to the assignment of guilt (which Brady made part of his appeal) Has any player appealed on the basis of 'not guilty'?? I know some of the failed drug tests have been argued as 'honest mistake of taking this supplement' but has anyone appealed conduct on the basis 'you are flat out wrong'?
Consider: Goodell hired a claimed "third party" to decide guilt. How could he now question the very third party he chose as a third party, one he already fully accepted as correct (punishment was necessary because of the report)?
So will he say in his appeal conclusion announcement "I did an internal review with myself and decided I am completely correct that Wells is independent and got it right" (or something to that effect written properly), or does he state a perfunctory "we hired Ted Wells, he assigned guilt" and treat the assignment of guilt as something already decided (with his announcement almost entirely about why they chose the punishment they did)?

The assignment of guilt, IMHO, is the real unknown here. Does Goodell, via the CBA, have complete discretion to assign guilt? Does complete discretion allow for 'abuse of discretion'? Even if it can be abuse of discretion, doesn't Goodell have complete CYA on this by saying "Ted Wells is independent and a third party" and we tasked him with assigning guilt? But if Brady's legal team can make a business connection to Ted Wells company and the NFL/Goodell, isn't that de facto abuse of discretion to hire someone that has an interest in concluding whatever the NFL wanted? If so can Brady prove the NFL were biased for Brady's guilt?
Abuse of discretion seems like something that would have a lot of gray area. With gray area certainly comes established and yet to be established legal avenues, however, it seems as if the evidence of bias and abuse will have to be pretty solid (Brady has to provide a substantial piece of evidence of his actual innocence otherwise the abuse of discretion on assigning guilt is DOA).