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I think it's legit to point out the enormous amount of discretion that judges have. In this matter, I have no idea how a judge would decide and indeed think that it could come down to "which judge" gets the case. That is why Brady's decision to take this to Federal Court would be so much more difficult than many out here are suggesting, if a reduction in the suspension is tied to an agreement not to litigate. The entire mess sucks, but, as someone famously said, "Life is unfair."
Any attempt to do that would almost automatically drive Brady et al. to court, on the grounds that they are violating the terms of the CBA. When has a reduction of punishment ever been tied to a player forfeiting the right to go to court?
It would automatically raise the question of what the NFL is trying to hide or prevent.