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Why am I not surprised, Schefter also still saying he thinks Brady will be playing Thursday night against the Steelers
So does that sound like the NFL* has been unable to get Brady to budge on not being willing to accept any punishment and intends to go to court, and the league is hoping to be able to persuade him if they have more to time?
To quote General Patton, "Nuts!"
I don't get the NFL strategy here, this only strength the argument that this is a sting, if this goes to court what's the justification for such a long time for a simple decision? If an arbitrator brings to light all the timed leaks and this it's gonna be difficult to keep denying bias.
What's more interesting, in the overall, is the long term impact of the "Integrity" Ommissioner standing by lousy investigations based upon financial outlay rather than actual findings. That's pretty much the opposite of due process, after all.
Who is going to be held accountable for this whole fiasco? The NFL stepped waaaaaay over the line here. They're not going to admit they screwed this up. Even if they cave 100% (and we can be pretty darn sure that they're not), what assurance do we have that these shenanigans aren't going to continue in the future? This MUST go to court.
Who is going to be held accountable for this whole fiasco? The NFL stepped waaaaaay over the line here. They're not going to admit they screwed this up. Even if they cave 100% (and we can be pretty darn sure that they're not), what assurance do we have that these shenanigans aren't going to continue in the future? This MUST go to court.
Who is going to be held accountable for this whole fiasco? The NFL stepped waaaaaay over the line here. They're not going to admit they screwed this up. Even if they cave 100% (and we can be pretty darn sure that they're not), what assurance do we have that these shenanigans aren't going to continue in the future? This MUST go to court.
The NFLPA would have an argument that, as applied, the CBA discipline does not meet minimum acceptable due process standards. Every loss by Goodell would be used as part of the evidence.
“If they get to federal court, the whole procedure, the question is whether it was arbitrary and capacious,” said Alan Milstein, the lawyer who represented Maurice Clarett in his fight against the NFL. “It seems fairly clear it was.
“The commissioner, I thought, really made a poor choice in taking part – basically trying to become part of this arbitration. The best argument Brady has is that due process was lacking and the hearing was unfair...
Just following this up, I saw another thread on the forum. The link in the thread takes up this notion:
http://www.washingtonpost.com/news/...ibly-start-week-1/?postshare=7971436995536489
Note the bold, because that's significant. It's also why using the other NFL appeals losses would be important.
I have a hunch that there is one other reason why Goodell is not so eager for the lawsuit.
The NFL would LIKELY have to reveal what I think is a very embarrassing factoid about the Wells investigation. Based upon their own statements, the scientific firm hired by Wells (Exponent) was not the first group of scientists approached by Wells and the NFL to analyze the data. The first group of scientists approached was from Columbia U.
Did the Columbia profs reach a preliminary conclusion that Wells and the NFL found to be unacceptable, favoring the Patriots, so they were relieved of their duties and not even MENTIONED in the Wells report?
Imagine if they had to admit to this on the witness stand!
The choice for Goodell is
1) 0 games
2) anything else, and just HOPE that a judge says "it's a matter that management and labor need to solve without my help." Otherwise...POOF goes the case.
This has got me thinking, and that could be a problem in an of itself.
I think this is going to court because Brady's reputation has been tarnished almost beyond repair over NOTHING. But I think its going to take 2 court sessions to make it happen. First there will be a court case that covers the issue of the suspension itself. That, given past history and the merits of the case, is probably going to end well.
However if Brady is ever to fully win back the legacy he earned over 15 years of hard work and unparalleled success, he's going to have to win that defamation case. They say it's hard to prove defamation because merely reporting the wrong information that tarnishes someone's reputation isn't enough. You also have to prove malice.
So in my mind you not only have to sue the NFL, you have to sue ESPN. Mort's report was the spark that set this entire fiasco off and running. It's been since proven to be absolutely false and inaccurate. But that's not enough. But what IS enough is the fact that long after media knew that the report was completely false, they never chose to publicize the mistake with anything close to the vigor they used when it first hit the air. That's BOTH the league and ESPN.
Throughout this entire affair its been clear that ESPN (the league's biggest media partner) has been anything but "fair and unbiased". FOX news would be proud of the hatchet job they've done to Brady and the Pats.
So if Tom truly values the reputation he's built over the last 16 years and beyond, he will HAVE to go all the way with this. If he includes the media, who reported falsely and never recanted, as well as the league in this case, I think he'd have a decent chance (50-50) to win, and regain his legacy. Otherwise, he will ALWAYS have to deal with a life where deflategate and Tom Brady will be inseparable
To quote General Patton, "Nuts!"
I think that the leverage is a potential defamation lawsuit against the NFL, based on the false information they deliberately leaked prior to the SB. A case like that, with a venue in Massachusetts, could result in a nine-figure judgment. It would be bye-bye, Roger if that happened. No way he wants to take that risk.
I feel like I'm looking forward to the lawsuit more than I am toward the NFL* season.
A part of me wonders, when the lawsuit is filed, if there is going to be an increased number of un-penalized late hits on Brady. A decrease in holding penalties for the o-lines of Patriots' opponents. Phantom PI calls on the Patriots defense. You know, the sort of things a cynical person would wonder about.