The Official Brady Appeal Thread: Live Updates and Rumors

Wheelman said:

Well I was checking out BSPN patriots blog. I noticed a post "Ted Wells to attend Tom Brady hearing". With all the garbage on that blog now naturally I looked at the author and it was the Devil's Henchman himself...Chris Mortensen! He has surfaced!

Naturally I didn't read any of it.

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I did. He basically regurgetated all the news from the last 4 months and cited Smeer as the source for the Wells news. Lazy.

i can see this going A Few Good Men style

Kessell : Did you order Exponent to make a false report.

Wells : YOUR GOD DAMN RIGHT

VectorPrime said:

I have a bad feeling about this. I'm not talking about Goodell upholding the punishment since that would be a good thing since then this would go to court. I just feel something stupid is going to happen that will make this whole thing even more miserable.

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Relax, it can't get worse, we already assimilated the 4 games punishment + draft picks and the cheater label, anything that comes from this is a bonus. It can't go up (the level of punishment), only down.

If the NFL keeps the Brady suspension, I would love it if the Patriots as a whole, just didn't come out of the locker room on opening night!

Don't say a thing to anyone, just after warm ups as they are getting ready for kick off, change back into your street clothes and go home, everybody! The NFL would be screwed! NBC would be crying for money back, the sponsors would all want their money back, it would cost the NFL millions!

And then issue a statement that it is more probably than not, that all of the Patriots players are as guilty as Tom Brady is, and will sit out his suspension with him.

JMC00 said:

This was my response on twitter

That guy isn't even a professor you f**king hack dolphins homer. You continue to show your anti-Pats bias. Source this a**hole

linkedin.com/pub/mike-desarno/7/249/352… "Statistician" not "Professor", another huge swing and miss from hack volin. go back to miami

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Well, he did get the fact that this guy is employed by University of Vermont part right.

FreeTedWilliams said:

If the NFL keeps the Brady suspension, I would love it if the Patriots as a whole, just didn't come out of the locker room on opening night!

Don't say a thing to anyone, just after warm ups as they are getting ready for kick off, change back into your street clothes and go home, everybody! The NFL would be screwed! NBC would be crying for money back, the sponsors would all want their money back, it would cost the NFL millions!

And then issue a statement that it is more probably than not, that all of the Patriots players are as guilty as Tom Brady is, and will sit out his suspension with him.

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Wow


Goodell would be fried, cooked, buried under the weight of the owners and the media and the sponsors to make an even bigger example of the Cheating Patriots.

The NFL would loose millions on just one game.

it would be magical

JDot said:

This is pretty amusing tidbit from Florio on Wells.



PFT

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Well, the reason why Ted Wells isn't publicly refuting the attacks on his report is because he was an absolute disaster the last time he did.

Michael McCann ‏@McCannSportsLaw 3h3 hours ago
Michael McCann retweeted Albert Breer

Ted Wells being at Brady appeal alters strategy for Brady's lawyers. Now they can directly ask Wells hard questions.

Michael McCann added,

Albert Breer @AlbertBreer
Additionally, my understanding is Wells will give his view of the AEI report, which doesn't exonerate Brady, but claims NFL's case is flawed





DoYrJob ‏@Triplesticks19 2h2 hours ago
@McCannSportsLaw @StephStradley @AlbertBreer can they call @Colts equip mgr, @mortreport and Kensil?


Michael McCann ‏@McCannSportsLaw 2h2 hours ago
@Triplesticks19 @StephStradley @AlbertBreer @Colts @mortreport Not in an arbitration; can't force someone to participate.



Stephanie Stradley ‏@StephStradley 2h2 hours ago
@McCannSportsLaw @Triplesticks19 @AlbertBreer @mortreport Sworn affidavits from various interested parties perhaps?



Michael McCann ‏@McCannSportsLaw 1h1 hour ago
@StephStradley @Triplesticks19 @AlbertBreer @mortreport Very true. Will be interesting to see if they surface in the hearing.

SVN said:

Thats all volin has been doing ever since his kraft foundation crap fell through- try and find any -ve with the pats .

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Nope. He was doing that well before his Kraft Foundation screw up.

Rob0729 said:

Go figure, Ben Volin tweets out an email from a "professor" from University of Vermont (actually he is a statistician, not a professor) refuting the AEI report or at least part of it. The email doesn't actually refute the final results, but claims that they could replicate Exponent's experiment that AEI says is not replicable. The email actually states that he did not look at the final results from AEI, but only that part. But of course Volin uses it as proof AEI is wrong.

https://twitter.com/BenVolin/status/613043499852800000/photo/1

Here is the guy's Linkedin profile.

https://www.linkedin.com/pub/mike-desarno/7/249/352

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It's good to see Volin critiquing the AEI report with the same type of energy he used to examine the Wells report

Rob0729 said:

Go figure, Ben Volin tweets out an email from a "professor" from University of Vermont (actually he is a statistician, not a professor) refuting the AEI report or at least part of it. The email doesn't actually refute the final results, but claims that they could replicate Exponent's experiment that AEI says is not replicable. The email actually states that he did not look at the final results from AEI, but only that part. But of course Volin uses it as proof AEI is wrong.

https://twitter.com/BenVolin/status/613043499852800000/photo/1

Here is the guy's Linkedin profile.

https://www.linkedin.com/pub/mike-desarno/7/249/352

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This is actually pretty interesting. I want to see the SAS code. I don't have a license for SAS, but I might try to replicate it in R this weekend just for personal entertainment.

Ross12 said:

Wells was easily intimidated by a bunch of sports reporters on a remote conference call. He will get his ass handed to him by Kessler.

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There is another surprise coming Mr Wells way too he does not have a clue about. Can't say more but it will be very fun for all of us when I can say anything.

If anyone has any email addresses for any truth friendly Media please PM me. Can't twitter them cause is a file.

Dr Pain said:

There is another surprise coming Mr Wells way too he does not have a clue about. Can't say more but it will be very fun for all of us when I can say anything.

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Dr Pain said:

There is another surprise coming Mr Wells way too he does not have a clue about. Can't say more but it will be very fun for all of us when I can say anything.

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Is the surprise that they're bringing you in to testify?.....

Dr Pain said:

There is another surprise coming Mr Wells way too he does not have a clue about. Can't say more but it will be very fun for all of us when I can say anything.

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****.

I hope he has a stroke while Kessler dismantles him.

Unless Goodell completely caves - this appeal is all about positioning for the court case. The court case is going to be about the NFL and unfair labor practices so they will need to establish the grounds for going to court. This is in the order of Brady's appeal:
First:

Who's in charge?

Mr Goodell, why did you have someone other than yourself administer the penalty in clear violation of the CBA?
Mr Goodell do you see how this vague and arbitrary approach to who can issue penalties is both confusing to the players and is in violation of the CBA.

You can probably add more questions on how the NFL front office is a mess and violates the CBA in multiple issues.

Second:

Why was Brady singled out for such a severe punishment?

Mr Goodell can you please explain why, in the previous examples of non-cooperation such as Mr Favre, you simply issued a financial fine?

Mr Goodell can you please explain why you felt Mr Brady's behavior deserved such a drastic penalty for no direct evidence when you felt it was not so in a case of sexual harassment ?

Mr Goodell can you please explain why you apply punishments that are both arbitrary and in violation of the CBA?

Mr Goodell can you please explain why you authorized a new "personal conduct code" without mutual consent from the NFLPA and in violation of Article 46 of the CBA?

This will go on for a while to get all they can out of Goodell to use in the court case.

Third:

Poke on the NFL to show the institutional bias and lay the groundwork for dismissal of all penalties.

Mr. Goodell, can you explain all the inconsistencies between what NFL front office employees claimed and what was actually occurring? (There's a long list to go through.)

Mr. Goodell, can you explain all the leaks to the press of erroneous information?

Mr Wells, how much has the NFL paid your firm over the last xx years?

Mr Wells, why did you select Exponent for the analysis?

Mr Wells, .......

This will go on only long enough for Kessler to say "I'm sorry but any more questions that only show how disingenuous the NFL was with an "independent investigation" and how shoddy and fraudulent the work done by Exponent is a waste of time." "Mr. Goodell, with all that has come to light with those who were supposed to act in an independent manner - I will leave it up to you right these wrongs and completely reverse any penalties for Mr. Brady."

Drop the mic.

Actually, copies of communications obtained by a hacker would be amazing. Clear evidence being concluded as "more probable than not" that Wells, Goodell, Pash, and Kensil all acted with a clear lack of any ethical standard, and were more probable than not generally aware that Tf'inB and the Pats were completely innocent.

We need Dikembe right now. His voice is needed in trying times.

Just brace yourselves, folks: Goodell is not going to do what is right or reasonable. Anyone getting their hopes up for any serious exoneration of Brady hasn't been paying attention to Goodell the last 8 years.

Interesting article and a few things why I think this whole thing is a sh.t show. I know we dont like Florio but theres some points pro and con.

Also dont assume Wells is a rookie either.

http://itiswhatitis.weei.com/sports...hway-to-tom-brady-not-missing-a-game-in-2015/

“I don’t know how Roger Goodell finds a way out of the minefield that allows him to find no suspension and not be criticized by everyone who isn’t a Patriots fan,”

“These preliminary injunctions are very difficult to get,” he said. “When you enter into that process it’s a four-step test and it’s just hard to get one. "

Speaking on the Wells Report, Florio talked about the difficulty of convincing Goodell to dismiss it. “That would be hard to do,” he said. “Because if you say the guy I hired to do this work is a bozo, then you’re the bozo for hiring him. It’s not going to be an easy concession for Roger Goodell to say, ‘Oops, I hired somebody who didn’t know what he was doing."

"if Ted Wells was as good as the NFL thinks he is, I’d like to think he could’ve finagled a confession from John Jastremski or Jim McNally, especially with the way McNally reacted to Tom Brady giving him a hard time about the footballs in that Jets game. McNally would’ve been a perfect target for a guy to get in a room and if you say the right things at the right times, he’s going to crack and he’s going to throw people under the bus and say, ‘It wasn’t my idea. It was Tom.’ And the fact that they failed to do it means, No. 1, either the lawyers aren’t as good as they were sold to be, or No. 2, there was nothing to crack, there’s nothing there. "

"On if Brady’s argument will change in the federal court as opposed to the appeal: “They’ll attack everything just to point out how bad the process is. Even though, when you go to court to challenge the outcome of an arbitration proceeding, the bar is pretty high. Judges like it when private parties decide on their own to work out their differences with an arbitration. Judges don’t get paid by the case and they don’t get paid by the hour. They’re on salary. And anything out there that reduces the workload of the court system in this country is a good thing. That’s why there’s a federal arbitration act that encourages these proper arbitrations. It’s a high bar to get there."

"On if Roger Goodell and the NFL will get any repercussions if they lose again in federal court: “I don’t think there is a repercussion for Roger Goodell. The PR fallout for losing in court against a player is miniscule. The PR fallout for getting it wrong and not punishing a player at enough almost cost the commissioner his job."

Darrone said:

Does anyone believe tomorrow even matters? Ever since Kraft walked in there furious, and left hugging, I've assumed Kraft agreed to take the team punishments in exchange for a reduction of Brady's suspension. There is just nothing that Goodell could have said to bring Kraft around without guaranteeing a reduction of Brady's penalty.

The handshake agreement exists. The rest is theater.

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I'd agree with this. And add if this was true, RK was probably working on TB to accept this on the down low since then as well. The outcome and reading-between-the-lines machinations of this appeal will go a long way toward answering many questions us fans have of the whole affair.