Official Brady Appeal Thread: D-Day Tuesday June 23rd

shmessy · Jun 23, 2015

For readability puposes, here is the official thread for today. The previous one was getting too long.

Have at it!

shmessy · Jun 23, 2015

Ryan Hannable @RyanHannable
Adam Schefter on D&C: Tom Brady appeal on path to go to court, which ‘won’t go particularly well for the NFL’ http://itiswhatitis.weei.com/sports/newengland/football/patriots/2015/06/23/adam-schefter-on-dc-tom-brady-appeal-on-path-to-go-to-court-which-wont-go-particularly-well-for-the-nfl/…

Retweeted by Christopher Price

varjao · Jun 23, 2015

Adam Schefter ‏@AdamSchefter 40m40 minutes ago
Lights, camera, action outside 345 Park Avenue...

shmessy · Jun 23, 2015

BTW, four reasons why Tom Brady will EASILY win a defamation suit in the courts versus the NFL?

1) The tweet two days after the punishment handed down BY THE PERSON WHO TWEETED THIS!

2) This:

http://www.indystar.com/story/sport...-psi-tweet-completely-unintentional/27709171/

3) the coordinated multiple leaks of false PSI information from league source to the press in the first 8 days of the investigation with NO SUBSEQUENT CORRECTIONS.

4) The KNOWINGLY false PSI readings in the week one letter from the NFL to the Patriots which precipitated the Thursday January 22nd press conferences by Brady and Belichick.

No defense by the NFL against those 4 above listed facts will stand in a defamation lawsuit. Given Brady's lifetime market value, this could cost the NFL hundreds of millions. The above 4 facts show a coordinated and purposeful defamation of Tom Brady and the Patriots. How could a league so rich be so stupid?

hambone1818 · Jun 23, 2015

Apologies if this has been posted elsewhere, this is a great read on a day when we really won't get much information but will all be trolling twitter for any nuggets of info.

This is an exhaustive and well-written article highlight the ins and outs of Brady's avenues to clear his name: what will likely go on in the room today, what the two sides will likely argue, what recourse beyond the appeal Brady has and what, in the authors opinion, will happen.

http://www.si.com/nfl/2015/06/22/tom-brady-roger-goodell-nfl-deflategate-appeal

Two key snippets I found interesting:
On the Patriots team penalties:
If Goodell now concedes that the underlying controversy—an alleged plot to deflate footballs so that they are slightly easier to catch—never took place, Kraft would be justified in asking, if not demanding, that Goodell reconsider the NFL’s punishment of his franchise. Kraft would also have more compelling grounds to threaten a lawsuit, since a league punishment based on a discredited controversy could be readily portrayed as arbitrary and capricious in court.

On the CBA requirements around turning over private information:
In addition to attacking the “more probable than not” standard, Brady would likely cite the absence of a formal requirement that he share his private cell phone or its contents in a league investigation. Brady was bound by general contractual requirements of good character and cooperation, and this language could be interpreted to require Brady to share his phone or its contents. But Brady could contend that a legal requirement that a player share a personal belonging with the NFL compromises that player’s privacy rights. Such a requirement, Brady would assert, needs to be explicitly stated in the player’s contract or the CBA.

And finally, the tl;dr prediction from McCann:
Goodell is hard to predict, but if I had a crystal ball, I predict that Goodell will lower Brady’s suspension to one game and that Brady will not challenge it in court. Neither Goodell nor Brady wants to go to court. Consider the NFL’s position. Evidence continues to emerge suggesting that Deflategate is a story about atmospheric conditions rather than human misconduct. This is particularly worrisome for the NFL given that the league’s severe punishment of the Patriots is premised on Deflategate being about human misconduct. For his part, Brady seems unwilling to share text and emails that could surface in a legal challenge. Brady would also risk losing in court. A loss would give his critics new material to attack him and would be part of his legacy.

A reduced suspension to one-game seems like a compromise that would work for all involved.

sb1 · Jun 23, 2015

Ian Rapoport ‏@RapSheet 41m41 minutes ago
League source explains on Tom Brady: If he says the same thing he did to Ted Wells, his suspension won’t change. How forthcoming will he be?

See you in court Roger.

shmessy · Jun 23, 2015

sb1 said:
Ian Rapoport ‏@RapSheet 41m41 minutes ago
League source explains on Tom Brady: If he says the same thing he did to Ted Wells, his suspension won’t change. How forthcoming will he be?

See you in court Roger.

Exactly. He should just say your last line.

At this point, Goodell is on trial, not Brady. Brady is in full control now.

Oswlek · Jun 23, 2015

Albert Breer ✔ @AlbertBreer
Raised the AEI report to people at the NFL. Won't hurt 12, of course. But Brady's task is to prove innocence -- different than what AEI did.

I expect stupidity from Bert, but somehow the depths of his ignorance is still awe inspiring.

Hey dumbass, when you are accused of a "crime" and the evidence strongly indicates that no such crime exists, it is tantamount to demonstrating your innocence. If the balls weren't deflated, what basis do you have to levy a punishment?

When I hear mediots' moronic blathering about "proving innocence" it leaves me truly dumbfounded. If someone accused me of child abuse, I could trot out teacher after teacher who speak glowingly about me... and my children's exemplary grade history... and their spotless medical history... but the one thing I can't ever do is indicate conclusively that I have never struck my child. It would just mean the probability is low. You can't prove innocence. Ever. Particularly when you are accused of simply having knowledge of an infraction.

No, you festering boil of imbecility, the difference between this charade and the criminal court is the threshold for guilt is lower. But even that reduced threshold still requires the NFL to establish Brady's guilt, which is impossible to do if the balls weren't actually deflated. Get it?

shmessy · Jun 23, 2015

Oswlek said:
I expect stupidity from Bert, but somehow the depths of his ignorance is still awe inspiring.

Hey dumbass, when you are accused of a "crime" and the evidence strongly indicates that no such crime exists, it is tantamount to demonstrating your innocence. If the balls weren't actually deflated, what basis do you have to levy a punishment?

The other thing that I keep seeing mediots say is this moronic blathering about "proving innocence." Are you really this stupid? If someone accused me of child abuse, I could trot out teacher after teacher who speak glowingly about me... and my children's exemplary grade history... and their spotless medical history... but none of that would ever indicate conclusively that I have never struck my child, it would just mean the probability is low. You can't prove innocence. Ever. Particularly when you are simply be accused of having knowledge of an infraction.

No, you festering boil of imbecility, the difference between this charade and the criminal court is the threshold for guilt is lower. But even that reduced threshold still requires the NFL to establish Brady's guilt, which is impossible to do if the balls weren't actually deflated. Get it?

What would Breer ever know about the legal system and McNally's need to use the bathroom before the AFCCG?

http://caselaw.findlaw.com/oh-court-of-appeals/1479719.html

sb1 · Jun 23, 2015

Not that I expect Goodell to be rational but what if the suspension is reduced to a game, the league will save face by saying he's clear of cheating but not for the non cooperation thing...and then in the 2015 season when the NFL finds that all footballs act the same way under the same conditions, the Pats get their draft picks back?

Think Tom would take that deal "for the team"?

hambone1818 · Jun 23, 2015

sb1 said:
Ian Rapoport ‏@RapSheet 41m41 minutes ago
League source explains on Tom Brady: If he says the same thing he did to Ted Wells, his suspension won’t change. How forthcoming will he be?

Wells: "Did you tell them to deflate footballs?"
Brady: "No, I don't think they do because I certainly don't want them altered in any way from the last time I feel them before the game"
Wells: "Be more forthcoming, Tom"
Brady: "..."
Wells: "Did you tell them to deflate footballs?"
Brady: "Suck a d*ck Ted"

aluminum seats · Jun 23, 2015

sb1 said:
... the Pats get their draft picks back?

Think Tom would take that deal "for the team"?

The Pats aren't getting their picks back.

Clonamery · Jun 23, 2015

sb1 said:
Not that I expect Goodell to be rational but what if the suspension is reduced to a game, the league will save face by saying he's clear of cheating but not for the non cooperation thing...and then in the 2015 season when the NFL finds that all footballs act the same way under the same conditions, the Pats get their draft picks back?

Think Tom would take that deal "for the team"?

And sit out that National tv game on opening night and they raise the banner without Brady?

To me that's like 4 games right there.

shmessy · Jun 23, 2015

The Boston Globe Sports Department Motto"I Write History: Heads I Win, Tails You Lose"
-----

Dan Shaughnessy ✔ @Dan_Shaughnessy
Ready for perp walk at 345 park Ave nfl headquarters pic.twitter.com/HKfsrqVxKa

Ben Volin ✔ @BenVolin
Brady is in the house. He snuck in through the back entrance #BradyAppeal
-----

BTW, this doesn't look like 'snuck in through the back entrance', you mentally challenged intern:

https://instagram.com/p/4Reu56DeQa/

https://instagram.com/p/4RemhjjeQH/

aluminum seats · Jun 23, 2015

Posted in other thread, but since this is the official...

Two things.

--Weather here in NY today calls for severe storms...thunder, hail, possible tornadoes, real wrath of God stuff. Feels appropriate somehow.

--Second, it's suddenly amazingly clear to me what the result of this "appeal" is going to be:

Not a damn thing will change.

Goodell will stick with the punishment. Think about it: the only time when the public's hatred of Goodell diminishes in the slightest is when hatred of the Patriots takes over. The public loves when the Patriots get penalized...for a large segment of fans, it's the only "win" they ever get. You think Goodell wants to mess with that? He's not going to vacate, or even reduce, anything. If an arbitrator or judge overturns him at some point, so be it. But he wants to continue to be the tough guy against the Pats as long as he can. It's literally the only card he plays that the seals slap their fins for.

Today will change nothing. I'm almost glad in a way...zero temptation for Brady to "accept it and put it behind him." Bring it on.

livinginthe past · Jun 23, 2015

sb1 said:
Not that I expect Goodell to be rational but what if the suspension is reduced to a game, the league will save face by saying he's clear of cheating but not for the non cooperation thing...and then in the 2015 season when the NFL finds that all footballs act the same way under the same conditions, the Pats get their draft picks back?

Think Tom would take that deal "for the team"?

Goodell will not reduce the suspension to anything less then 2 games - Personally I doubt he will reduce it at all.

People forget why this whole nonsense was perpetrated in the first place - it is to hit the Patriots with multiple punishments to enforce parity upon them - the loss of a 1st round + 4th round pick and the suspension of Brady for 4 games hurt the Patriots in both the short and long term.

It was never about the deflation of a football - therefore there will be nothing discovered during this kangaroo court that will change the leagues stance on the punishments.

This is absolutely going to a proper court and it is going to be a long and expensive ordeal.

varjao · Jun 23, 2015

GO KING BRADY

hambone1818 · Jun 23, 2015

sb1 said:
Ian Rapoport ‏@RapSheet 41m41 minutes ago
League source explains on Tom Brady: If he says the same thing he did to Ted Wells, his suspension won’t change. How forthcoming will he be?

Also, I'd be interested to hear whether Wells was 'forthcoming' in presenting the true PSI measurements to Brady before/during his appeal. Did Brady know the footballs were, on average, 11.30 PSI vs. the '11 of 12 footballs 2 PSI low' false report?

Methinks Brady was forthcoming with information that Wells didn't want to hear/believe, and this when he was playing on an uneven playing field to begin with.

I hope Kessler absolutely destroys Wells today.

JMC00 · Jun 23, 2015

livinginthe past said:
This is absolutely going to a proper court and it is going to be a long and expensive ordeal.

goodell and the nfl mafia lose all control over this once it goes to court, so it is highly doubtful it will be long. Matter of fact once Brady's lawyers file the injunction and it is granted that will put an end to any hope the mediots had of Brady missing any games.

Bella*chick · Jun 23, 2015

What an offseason, you guys. We have an official appeal thread on this forum. Like its game day. And in a way it is.

Official Brady Appeal Thread: D-Day Tuesday June 23rd

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2nd Team Getting Their First Start

Pro Bowl Player

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