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Another home run hit by Curran on the shadiness of the league and Wells


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Keep in mind the whole thing was a sham. Goodell and his henchmen wanted to punish Brady and the Pats and they made up this scheme without ever considering the ideal gas law. From there on its has been a ridiculous and expensive attempt to prove a crime that did not exist. They knew all along that the greedy pudgy putz would cave under pressure from his so called partners. I would not be surprised if the putz tries to pressure Brady to accept a deal from the POS rather than fight. But I have a feeling the truth will come out in court and the POS and the gang of 32 will not like the results.
 
He will claim the New York press shield law to avoid testifying about it...
http://www.rcfp.org/new-york-privilege-compendium/shield-law-statute


shall be adjudged in contempt by any court in connection with any civil or criminal proceeding, or by the legislature or other body having contempt powers, nor shall a grand jury seek to have a journalist or newscaster held in contempt by any court, legislature or other body having contempt powers for refusing or failing to disclose news obtained or received in confidence or the identity of the source of such news coming into such person's possession in the course of gathering or obtaining news for publication or to be published in a newspaper,magazine, or for broadcast by a radio or television - See more at: http://www.rcfp.org/new-york-privilege-compendium/shield-law-statute#sthash.ueRwobo0.dpuf

The New York shield law only apply's to news obtained or received in confidence or to the identity of the source of such news:
My whole point is we are not talking about any news obtained or received in confidence or about the identity of a secret source.
We are talking about a PUBLISHED ARTICLE IN WHICH MORT SPECIFICALLY STATES HE IS "QUOTING AN NFL SOURCE". Once news is published it is no longer confidental and Mort has already identified the source in the article.

All TB12 needs is for Mort to acknowledge yes he wrote the article and yes it was from an NFL source on the stand. Then his atty will argue, with precedents, that at that point the NFL had an obligation to correct the misinformation which was known to them and was now attributable to them. Employee, Employer case law will hold the NFL liable and has held Employers Liable for statements by their employees in the past.
This is a perfect situation for TB12 and i do hope he exploits it.
 
Keep in mind the whole thing was a sham. Goodell and his henchmen wanted to punish Brady and the Pats and they made up this scheme without ever considering the ideal gas law. From there on its has been a ridiculous and expensive attempt to prove a crime that did not exist. They knew all along that the greedy pudgy putz would cave under pressure from his so called partners. I would not be surprised if the putz tries to pressure Brady to accept a deal from the POS rather than fight. But I have a feeling the truth will come out in court and the POS and the gang of 32 will not like the results.

They went from having no knowledge of the Ideal Gas Law and ignorantly stating the balls were more than 1 psi under inflated to using transient curves with questionable data to push the balls back out of range by tenths of a psi. So stupid and such a sham. It's so frustrating that so few outside of this blog seem to understand that.
 
We are talking about a PUBLISHED ARTICLE IN WHICH MORT SPECIFICALLY STATES HE IS "QUOTING AN NFL SOURCE". Once news is published it is no longer confidential and Mort has already identified the source in the article.
He did NOT identify the source, he simply said where they work and yes he may be asked if they really did work at the NFL. The problem lies in when he starts answering questions about it,is he waiving his right to invoke the Shield Law? Think about Lois Lerner testifying before Congress and she made a statement before invoking her 5th amendment right. Many consider her statements to be waiving that right to invoke the 5th. What are NY State laws on invoking the Shield Law after you've answered some questions on it?....More likely to be on the safe side, his attorneys will tell him to invoke the Shield Law rather than answer ANY questions.

All TB12 needs is for Mort to acknowledge yes he wrote the article and yes it was from an NFL source on the stand. Then his atty will argue, with precedents, that at that point the NFL had an obligation to correct the misinformation which was known to them and was now attributable to them. Employee, Employer case law will hold the NFL liable and has held Employers Liable for statements by their employees in the past.
This is a perfect situation for TB12 and i do hope he exploits it.
I'm thinking of ways around it. Do you sue Mort as well? Being a public figure, Brady would have to show "NY Times v Sullivan malice"burden to show actual malice, that he knowingly published false information, a very high burden, especially not knowing the identity of the other party. The drawback is that the media, all of them would rally round Mort defending him, regardless of the merits.... Do they also sue a "John Doe" to be named later.? Doing that 'may' open a door to depose Kensil, Goodell and a host of others on Park Avenue asking who they spoke to and did they speak to Mort... A little discovery on their cell phones should help to answer that question...
 
He did NOT identify the source, he simply said where they work and yes he may be asked if they really did work at the NFL. The problem lies in when he starts answering questions about it,is he waiving his right to invoke the Shield Law? Think about Lois Lerner testifying before Congress and she made a statement before invoking her 5th amendment right. Many consider her statements to be waiving that right to invoke the 5th. What are NY State laws on invoking the Shield Law after you've answered some questions on it?....More likely to be on the safe side, his attorneys will tell him to invoke the Shield Law rather than answer ANY questions.


I'm thinking of ways around it. Do you sue Mort as well? Being a public figure, Brady would have to show "NY Times v Sullivan malice"burden to show actual malice, that he knowingly published false information, a very high burden, especially not knowing the identity of the other party. The drawback is that the media, all of them would rally round Mort defending him, regardless of the merits.... Do they also sue a "John Doe" to be named later.? Doing that 'may' open a door to depose Kensil, Goodell and a host of others on Park Avenue asking who they spoke to and did they speak to Mort... A little discovery on their cell phones should help to answer that question...

As too the first point can Mort refuse to answer any questions based on the shield law, yes he can refuse to answer specifically the personal identity of his source but any questions about what he has PUBLISHED are fair game.
Publishing carries with it certain obligations i.e. he can not refuse to confirm any thing he has PUBLISHED and he can not attempt to hide it under the NY Shield law. The NY shield law is based entirely upon confidentiality of unknown sources and not information the reporter has already published.
All TB12 needs is to confirm it came from an NFL* employee and that is something which Mort has already published. The court may or may not allow TB12's atty to ask about length of Mort's relationship with this unnamed source who works for the NFL* and how reliable his information has been in the past. But reliability and length of use is at best tangential to TB12's case. TB12's total focus will be on connecting all of the Dots directly to the NFL*

As too your second point you are correct in thinking how the media would react and i would say at this point that it would be unlikely for TB12 to sue any reporters or ESPN it does not appear at this juncture that Mort or ESPN acted with any Malice in their reporting.
Rather it appears that Mort was a convenient stooge who had been right often enough in the past to be believable. That may change during discovery but even if it does no outsider can clear TB12 except the NFL* and i would expect the entire focus to be upon making that connection as tight as possible.
 
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Why isn't Mortenson mad?

Think about it. Somebody leaked false information to him, and made him look like a fool.

I can understand why he wouldn't want to give his source up without an effort. But he should be banging the drum about league corruption since he was played. If I were Mortenson I would be begging to get a subpoena so I could expose the liar while maintaining credibility with "well I had no choice."
 
why would brady put mort on the stand ? why does he care what mort leaked? he is there to defend he didnt do anything. Only reason to put mort in the court stand to testify is to prove that the nfl tried to run a sting op or NFL's operating procedures are shady. I dont think this is part of brady's appeal. that wouldve been the patriots/kraft appeal if they had gone to court.
 
why would brady put mort on the stand ? why does he care what mort leaked? he is there to defend he didnt do anything. Only reason to put mort in the court stand to testify is to prove that the nfl tried to run a sting op or NFL's operating procedures are shady. I dont think this is part of brady's appeal. that wouldve been the patriots/kraft appeal if they had gone to court.

If that isn't part of Brady's appeal, it should be. I don't think Brady is in this solely to not miss any games in 2015. His reputation, his entire legacy is now questioned. If all you seek to prove in court is "not enough evidence to show Brady took part in any wrongdoing," then he plays all 16 games while the world thinks he got away with something. His end game is much more than that.
 
Can't wait to talk normal football again....is it football season yet?!
 
If that isn't part of Brady's appeal, it should be. I don't think Brady is in this solely to not miss any games in 2015. His reputation, his entire legacy is now questioned. If all you seek to prove in court is "not enough evidence to show Brady took part in any wrongdoing," then he plays all 16 games while the world thinks he got away with something. His end game is much more than that.
And that appeal process of defamation will go on forever. As a a fan I would love for the nfl leaks and mort and all that to be brought into court but realistically this is not going to happen. If it goes to court when tom decides to fight the suspension it will be about the wells report and the inferences from that. Nothing with media leaks.
 
Once again, early on Curran joined the media mob by speculating in a broadcast how Kraft may have to fire Bellichick. This was during the media frenzy pre Super Bowl. No amount of sympathetic follow-up articles after the facts are out will change my opinion of Curran. He can join Goodell as a member of the League of Rogues.
 
Once again, early on Curran joined the media mob by speculating in a broadcast how Kraft may have to fire Bellichick. This was during the media frenzy pre Super Bowl. No amount of sympathetic follow-up articles after the facts are out will change my opinion of Curran. He can join Goodell as a member of the League of Rogues.
It just shows you absolutely everyone in the media is full of **** and will do whatever it takes to ride the waves successfully
 
why would brady put mort on the stand ? why does he care what mort leaked? he is there to defend he didnt do anything. Only reason to put mort in the court stand to testify is to prove that the nfl tried to run a sting op or NFL's operating procedures are shady. I dont think this is part of brady's appeal. that wouldve been the patriots/kraft appeal if they had gone to court.

You are correct what i was discussing was pertaining to a defamation suit not his appeal.
 
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