Garafolo: League finally engaging Brady, NFLPA in settlement talks

PatsFanSince74 · Jul 27, 2015

patfanken said:
This is an excellent summary. PF74, I have had no doubts that Brady is going to be available for the start of the season (sorry Jimmie), one way or the other. But regardless of this inevitable truth, I won't personally be happy unless or until Brady takes the league to court on defamation charges. That is the ONLY way to even partially undo the damage done to Brady and the Pats. THAT is a fact.

My biggest fear is that the will do something smart. If I were Goodell I would use the new pregame game ball procedures to come out and say, "I am postponing implementation of the penalties for Brady until 2016. The information gathered from these new procedures will allow us to better understand exactly what happened in the AFCCG. Based on these findings will implement these punishments or not. In the meantime the league will fine Mr. Brady $50,000 for his non-cooperation with Mr. Welles' investigation."

If he does that he will (if I dare say it)he will deflate most of the national media's feeding frenzy WITHOUT taking the onus off the Patriots and Brady as cheaters, and we as Pats fans will have to live with this for another year. In other words with this strategy he does 2 things. He gives the nation what it wants (Brady on the field), and never has to admit any guilt, liability, or conspiracy.

I am praying that Goodell will continue his blind stupidity and not "settle" for anything less than the 4 games. It won't stop Brady from playing all 16 games this season, for he will surely win his court case. However the ONLY chance Brady has to regain most of his lost legacy will be to actually have prove his INNOCENCE in a Federal court. And the only way THAT can happen is if he sues the league and media outlets for malicious defamation of character. To my mind Brady has the kind of case can win even in an area where the bar is set as high as it is.

I think you're largely on target until your final paragraph.

First of all, I don't think Brady's legacy is "lost." I think that historians of the game will see this for what it is when the dust has settled. In the present, the haters are going to believe what they want to believe, without any regard for the truth and there is nothing any of us can do about that.

A compromise of some nature that lifts the suspension and enables Brady to continue to maintain his lack of involvement in any fantasized scheme is probably the best outcome that we can expect.

I've read enough on the lack of viability of a "defamation" suit by Brady to have come to the conclusion that it's just not in the cards, but I don't expect to change your mind on that, so I won't try and we'll just have to agree to disagree on that point.

XLIX · Jul 27, 2015

PatsFanSince74 said:
First of all, I don't think Brady's legacy is "lost." I think that historians of the game will see this for what it is when the dust has settled. In the present, the haters are going to believe what they want to believe, without any regard for the truth and there is nothing any of us can do about that.

I agree. The public (and the media) has the attention span of a 5 year old.

If Alex Rodriguez can become the brand new media darling du jour, something tells me they won't remember deflategate.

TheBostonStraggler · Jul 27, 2015

PatsFanSince74 said:
I think you're largely on target until your final paragraph.

First of all, I don't think Brady's legacy is "lost." I think that historians of the game will see this for what it is when the dust has settled. In the present, the haters are going to believe what they want to believe, without any regard for the truth and there is nothing any of us can do about that.

A compromise of some nature that lifts the suspension and enables Brady to continue to maintain his lack of involvement in any fantasized scheme is probably the best outcome that we can expect.

I've read enough on the lack of viability of a "defamation" suit by Brady to have come to the conclusion that it's just not in the cards, but I don't expect to change your mind on that, so I won't try and we'll just have to agree to disagree on that point.

I agree on multiple points you make. The media and the unwashed masses who digest the media have ADD. Also, 'Deflategate' is likely to be little more than a footnote (history generally forgets details to become just a headline). Further, defamation just isn't likely in the cards. Lastly, I do believe Brady would seriously consider a compromise if the suspension is zeroed out.

I think where we disagree is the 'best outcome that we can expect' -- if by 'expect' you mean anything that is viably possible. Again I think defamation is not viable, however, I think abuse of discretion is a bit more viable than you are allowing for. Unless the CBA has words that specifically or mostly clearly says Goodell has capricious and final power to decide guilt without exception, there is law that says he cannot find someone guilty of an infraction without demonstrating just cause for the finding of guilt. Look ar the other side of Goodell's discretion, punishment. We have seen Goodell smacked down for abusing this discretion on 2? 3? 4 occasions. Smacked down for abuse of discretion has already happened. So why is it hard to believe a court will eventually smack Goodell down on the discretion of deciding guilt (unless, again, the CBA wording is egregiously open to his capriciously finding of guilt)?
IMHO I think it as inevitable he will be smacked down on this side too. When you consider that Goodell is making decisions based more on PR than anything else, the logical conclusion for operating under this guise is he will go too far, he will be smacked down for it.
Whether Brady v Goodell & the NFL is the case that will eventually break that barrier is the question. Chances are probably not great but I see them as tangible (especially given some judges/courts are ideological in their application of the law).

PatSunday · Jul 28, 2015

I will not give the finger to everyone during the Super Bowl MVP ceremony at half-time, nor at the end of he golden game. Signature: ________________________

Mr. Objective · Jul 28, 2015

raduray said:
If a judge agrees to hear the case, can that decision be appealed by the NFL prior to the case being heard?

As a practical matter, no. What you’re referring to is called an “interlocutory appeal” in the legal biz. And a federal appeals court is not supposed to grant such an appeal unless failing to do so would leave the matter appealed effectively unreviewable. That wouldn’t be the case here, for if a federal district court decided not to defer to Goodell’s arbitration decision (say a two game suspension for the sake of argument), heard the case on the merits, and then overturned the suspension, an appeals court could still reverse the district court and re-impose the suspension on the grounds that the district court should have deferred to Goodell’s decision.

The Gr8est · Jul 28, 2015

XLIX said:
I agree. The public (and the media) has the attention span of a 5 year old.

If Alex Rodriguez can become the brand new media darling du jour, something tells me they won't remember deflategate.

ARod plays in New York for the Yankees.

tuckeverlasting · Jul 28, 2015

The Gr8est said:
ARod plays in New York for the Yankees.

exactly. that's espn's home team in baseball.

supafly · Jul 28, 2015

Mr. Objective said:
As a practical matter, no. What you’re referring to is called an “interlocutory appeal” in the legal biz. And a federal appeals court is not supposed to grant such an appeal unless failing to do so would leave the matter appealed effectively unreviewable. That wouldn’t be the case here, for if a federal district court decided not to defer to Goodell’s arbitration decision (say a two game suspension for the sake of argument), heard the case on the merits, and then overturned the suspension, an appeals court could still reverse the district court and re-impose the suspension on the grounds that the district court should have deferred to Goodell’s decision.

I know I've said it before, but what a clusterfudge of a situation. It's more ridiculous than anyone could possibly put into words.

It makes the Aaron Hernandez murder trial look like a case you'd see on Judge Judy.

Silver Blue&Red · Jul 28, 2015

If TB only gets a fine for not cooperating, does that mean no "crime" was committed? . What about the 1 mil and the draft picks? FU Kraft.

RobertWeathers · Jul 28, 2015

Does anyone buy into the conspiracy that Goodell/Kraft cut a deal in SF?

The deal is .....

Kraft stops fighting, shows unanimity and supports Goody.

In exchange for...

If TB12 is exonerated, Pats get their picks back (there may be some sweeteners there as well).

Garafolo: League finally engaging Brady, NFLPA in settlement talks

PatsFanSince74

PatsFans.com Supporter

XLIX

Pro Bowl Player

TheBostonStraggler

Experienced Starter w/First Big Contract

PatSunday

Third String But Playing on Special Teams

Mr. Objective

On the Roster

The Gr8est

Veteran Starter w/Big Long Term Deal

tuckeverlasting

In the Starting Line-Up

supafly

Eff you, Shula

Silver Blue&Red

Experienced Starter w/First Big Contract

RobertWeathers

Member of the Seattle 7 & Roadie for Metallica

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