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

5thRing-Hunt · Jun 23, 2015

I'm waiting on all the leaks. I have a feeling all the NFL leakers will now go quiet.

smurfalarm · Jun 23, 2015

robertweathers said:
Shefter throws a lot of stuff out there but I can't recall him ever approaching Mort levels of inaccuracy.

To clarify, by "reports the truth pretty freely", I meant that he tells the truth without regards to organizational politics (eg, he's willing to contradict his coworkers when he has information they don't), not that he is loose with the truth. His reporting is reliably accurate and basically rivals Adrian Wojnarowski as the golden standard of investigative sports journalism.

I figure that the problem with Mort is that he's not as tapped in as Schefter is but he is still intent on getting scoops, so he uncritically relays whatever information his sources tell him without verifying their accuracy in order to get his story out before anyone else. Bad journalism, but at least understandable enough that I wouldn't mind that he got the initial report wrong if he would just issue a retraction. The problem is that he and ESPN seem to be standing by his initial report even after the NFL has already publicly released data that directly contradicts it. To me, that hurts their credibility more than the initial reporting.

JJC · Jun 23, 2015

robertweathers said:
I'm not sure about that. If Goody says to TB12 that he is exonerated and he needs to pay the parking ticket and court costs at the door, he just might say yes and the NFLPA at the end of the day would have done its job and be happy with the outcome.

I guess we will have to wait a little longer to see what happens. I just cannot imagine that you have a team of Kessler, McPhee, Smith, and DePaso who have the opportunity to tear the teeth out of The Commissioner's ability to arbitrarily and capriciously discipline players and they'd just let it go for one player - even if that one player is Tom Brady.

This is a major power struggle. The Commissioner Who Shall Not Be Named should have dumped the Wells Report in the gutter and let it all go. He's too stupid and is clinging to his power. This could end up Game of Thrones bloody for the NFL - I think the NFLPA sharks smell blood in the water and are moving in for the kill. It's what I would do in their shoes. No Quarter. Maybe I am projecting, but their track record indicates otherwise.

Ross12 · Jun 23, 2015

IMO the fact that there's no leaks yet is good, considering that the NFL leaks EVERYTHING when things are good for them, and leaks made-up lies. If they're silent, it's because they know any little thing they might have to say will be met with severe backlash from Brady's camp.

smurfalarm · Jun 23, 2015

Palm Beach Pats Fan said:
Aiello denying Schefter's claim, then Schefter playing the trump card (the actual letter) suggests that Schefter is working with a source from Brady's side. Otherwise the NFL would likely have known that Schefter might have that document.

This bears watching... maybe we will get some helpful leaks for a change, through Schefty.

It reminds me of something I read once from a political scientist... maybe Jonathan Bernstein? He said something like that when you see a leak in the media, the information you are getting isn't just the leak, but a hint at the motivation behind the leak, and you should always interpret the leak itself through that lens. Applies to sports just as much as politics.

Soul_Survivor88 · Jun 23, 2015

Gary Myers ‏@garymyersNYDN 47s47 seconds ago
Lunch served hours ago at Brady appeal.. Time for dinner soon. This is attempt to get done today so don't come back Thurs

Deus Irae · Jun 23, 2015

JJC said:
I just cannot imagine that you have a team of Kessler, McPhee, Smith, and DePaso who have the opportunity to tear the teeth out of The Commissioner's ability to arbitrarily and capriciously discipline players and they'd just let it go for one player - even if that one player is Tom Brady.

Exactly how do you think they would be able to go forward with a BRADY appeal if Brady were to refuse to appeal?

smurfalarm · Jun 23, 2015

Ross12 said:
IMO the fact that there's no leaks yet is good, considering that the NFL leaks EVERYTHING when things are good for them, and leaks made-up lies. If they're silent, it's because they know any little thing they might have to say will be met with severe backlash from Brady's camp.

Alternately, it could mean that one of the sources of the negative leaks wasn't in the room and doesn't know anything yet.

JMC00 · Jun 23, 2015

PatsFanSince74 said:
The standard invoked by Vincent to assess the Penalties he chose to apply to Brady's alleged actions is based on Paragraph 15 (the "Integrity of the Game" clause) of Appendix A of the CBA which gives the power to the Commissioner to penalize a player who "is guilty of any other form of conduct reasonably judged [my emphasis] by the League Commissioner to be detrimental to the League or professional football."

Unfortunately, there is no limit placed on the standards that the Commissioner can use when he asserts that he has "reasonably judged" that a particular action is "detrimental..."

How the NFLPA agreed to this nonsense in the first place is beyond me.

Then, if you read through the CBA, you find frequent references to the "preponderance of evidence" [again, my emphasis] standard as justification for reaching one conclusion or another in a variety of matters.

Finally, if you go to Vincent's ruling, you find that he cites both the "Preponderance of Evidence" stipulation and Paragraph 15 of Appendix A as his justification for his findings.

Wells obviously chose the words "more probable than not" in his findings to dovetail with the "Preponderance of Evidence" standard throughout the CBA and the "reasonably judged" standard in the Appendix.

Don't flame or blame me as agreeing with any of this, as I think it is absurd.

It is absurd that the NFLPA agreed to this when negotiating the CBA. In fact, it has been observed by several folks who follow this stuff more closely than do I that that the NFLPA wants to use this case to have a judge find that this, among other provisions of the CBA, are unacceptable. Of course, the problem is that those are the idiots who agreed to this crap in the first place!

One huge problem for the NFL with Vincent handing out the punishment, per the CBA Vincent is only allowed to hand out punishments for on-field unnecessary roughness penalties.

Gronkowski123 · Jun 23, 2015

Chiuba E. Obele said:
Gary Myers ‏@garymyersNYDN 47s47 seconds ago
Lunch served hours ago at Brady appeal.. Time for dinner soon. This is attempt to get done today so don't come back Thurs

what did they eat?

RobertWeathers · Jun 23, 2015

5thRing-Hunt said:
I'm waiting on all the leaks. I have a feeling all the NFL leakers will now go quiet.

There is death, taxes and NFL leaks.

Soul_Survivor88 · Jun 23, 2015

Gronkowski123 said:
what did they eat?

Murph ‏@TMurph207 58s58 seconds ago
sources : they've ordered Pizza #BradyAppeal

Deus Irae · Jun 23, 2015

Gronkowski123 said:
what did they eat?

Let's hope Goodell and Wells had a lovely luncheon which included crow.

adam941 · Jun 23, 2015

I'm sorry if this has been posted elsewhere (I've been looking but haven't seen it mentioned or responded to), but at the bottom of Steve Balestrieri's column(?) about Brady's appeal, there is this:

And the league and Wells have cleared themselves of a sting. But while Goodell said Wells investigated the Patriots allegations of a sting operation and cleared the league, it has come to light that he didn’t investigate the league at all.

An email from league attorney Jeff Pash to Wells states to Wells that he investigate the football PSI issue and the league would investigate themselves. (emphasis added)

I haven't seen anything anywhere that even hints at this. Can anyone else confirm?

RobertWeathers · Jun 23, 2015

Gronkowski123 said:
what did they eat?

They are going to Scores. Goody has a VIP room at the ready. Bringing TB12 with him hes guaranteed that lap dance with 290lb Darla from Flatbush.

5thRing-Hunt · Jun 23, 2015

I hope they release the transcripts of this appeal one day cuz I bet brady is making all of them look stupid. And he's doing it with a smile that no arbiter can resist

Palm Beach Pats Fan · Jun 23, 2015

Gronkowski123 said:
what did they eat?

avocado ice cream

5thRing-Hunt · Jun 23, 2015

robertweathers said:
There is death, taxes and NFL leaks.

In this case I believe there are only NFL leaks when it's bad news for Brady. So to avoid the death part I won't hold my breath waiting for the leaks. Hope I'm wrong

JJC · Jun 23, 2015

Deus Irae said:
Exactly how do you think they would be able to go forward with a BRADY appeal if Brady were to refuse to appeal?

Brady is a member of the union. Can he really refuse? If the NFLPA determines that the suit is more important to the NFLPA than a settlement is to the individual player, I would expect that they have leverage to coerce him. It depends on how big the stakes appear to be to them. I think if it means striking the arbitrary and capricious disciplinary powers of the Commissioner, they would press Brady to continue.

RobertWeathers · Jun 23, 2015

JJC said:
I guess we will have to wait a little longer to see what happens. I just cannot imagine that you have a team of Kessler, McPhee, Smith, and DePaso who have the opportunity to tear the teeth out of The Commissioner's ability to arbitrarily and capriciously discipline players and they'd just let it go for one player - even if that one player is Tom Brady.

This is a major power struggle. The Commissioner Who Shall Not Be Named should have dumped the Wells Report in the gutter and let it all go. He's too stupid and is clinging to his power. This could end up Game of Thrones bloody for the NFL - I think the NFLPA sharks smell blood in the water and are moving in for the kill. It's what I would do in their shoes. No Quarter. Maybe I am projecting, but their track record indicates otherwise.

You may be right. With that said if they want to declare war and this goes to court, TB12 COULD miss games late in the season. Not sure TB12 wants to run that risk...

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