What could Kraft Have sued for?

He comes out at the Superbowl and demands an apology and has all Pats Fans fired up. Then the penalties come out and Kraft does an about face and says he is going to accept the forfeiture of the draft picks basically assuming guilt and giving credibility to the Wells Report and the set-up this whole thing was from the get-go. I'm sorry, but even if all the odds are against him and he knows that ultimately he is powerless as an owner to change this, he still HAS to put up a united front and at least follow through with the appeal and continue to support the kid that walked up to him and said, "Drafting me was the best decision you ever made." In the end, you have to let this play out through the media and the court of public opinion. It doesn't take a genius to know this whole thing smells and it will eventually blow up in Goodell's face if the media has enough time to get their teeth into it. Bob Kraft made a very bad decision when he rolled over for Goodell on this and it very well may end up tarnishing all that he has helped build in New England. Very poor decision IMO.

RayClay said:

I'm not saying he didn't look like a fool, I'm saying he was right that it would have been a waste of time.

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Not to me and a lot of New England fans. Besides, if this goes to court then the potential to turn into much more is there and Kraft should've played his hand to the end. What would it have hurt for him to publicly state that he doesn't agree with the penalties and to follow through with the appeal even though it would be fruitless? What will be his legacy when this is long gone? He will long be remembered for laying down instead of standing up for Brady as opposed to the guy who gave up a no. 1 pick and screwed the Jets for BB in route to building one of if not the greatest franchise the NFL has ever seen. What legacy would you choose?

Here's what Kraft could have said..and I'm no PR guy.

http://www.patsfans.com/new-england...raft-quotes-today.1120926/page-7#post-4235510

" Look I am caught on both sides. As an owner, I am one of 32 whose job is to promote this league but I am bound by the League Constitution as to what I can and can't do . But as owner of the New England Patriots, my responsibility is to do whatever I can for the betterment of this franchise. I totally believe my QB, Tom Brady had nothing to do with any deflation and the only person to blame is Mother Nature. I have appealed this unjust, unfair league punishment and even if unsuccessful, I hope it will send a message that I support all involved unconditionally because I believe and the science proves them to be innocent. I commissioned the website wellsreportcontext.com to buttress this argument and show the league, the Commissioner, the fans and the media that there was nothing done against the rules and nothing that goes against the integrity of the game.
When it's all said and done, I hope Tom is out there week 1 when we raise the banner."

RayClay said:

I'm not saying he didn't look like a fool, I'm saying he was right that it would have been a waste of time.

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Lots of things are a waste of time (like posting here) but are highly enjoyable (like posting here). He should have appealed so that he could have shown that he tried everything possible.

Big fail.

Patsfanin Philly said:

Here's what Kraft could have said..and I'm no PR guy.

http://www.patsfans.com/new-england...raft-quotes-today.1120926/page-7#post-4235510

" Look I am caught on both sides. As an owner, I am one of 32 whose job is to promote this league but I am bound by the League Constitution as to what I can and can't do . But as owner of the New England Patriots, my responsibility is to do whatever I can for the betterment of this franchise. I totally believe my QB, Tom Brady had nothing to do with any deflation and the only person to blame is Mother Nature. I have appealed this unjust, unfair league punishment and even if unsuccessful, I hope it will send a message that I support all involved unconditionally because I believe and the science proves them to be innocent. I commissioned the website wellsreportcontext.com to buttress this argument and show the league, the Commissioner, the fans and the media that there was nothing done against the rules and nothing that goes against the integrity of the game.
When it's all said and done, I hope Tom is out there week 1 when we raise the banner."

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Exactly and how difficult is that? Kraft didn't have to jump in the assclown car with Goodell and the rest of the bunch.

RayClay said:

I'm not saying he didn't look like a fool, I'm saying he was right that it would have been a waste of time.

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The fact that the appeal would have been a sham is the very reason he should have pursued it. Kraft should have appealed and fought for due process. He instead preferred the NFL maintain power regardless of fairness. The owners have established amazing control without dissent and concentrated it on Park Ave. Kraft has told us he falls in line completely behind the commissioner's power. He should have drawn a line in the sand and insisted on a better system of governance.

fair catch fryar said:

Exactly and how difficult is that? Kraft didn't have to jump in the assclown car with Goodell and the rest of the bunch.

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Well, he could have had the ass clown carpool pick him up around the corner rather than in front of the entire sports world. He was getting in that car eventually because they have a shared destination.

Mack Herron said:

The fact that the appeal would have been a sham is the very reason he should have pursued it. Kraft should have appealed and fought for due process. He instead preferred the NFL maintain power regardless of fairness. The owners have established amazing control without dissent and concentrated it on Park Ave. Kraft has told us he falls in line completely behind the commissioner's power. He should have drawn a line in the sand and insisted on a better system of governance.

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Due process? There is no due process in the NFL, that's the point. He and the 31 owners gave Goodell the power to do just what he did.

Not being able to turn back the clock, he had to go forward, wich meant dealing with reality. I'm sure he has some owners on his side and some owners are part of the corrupt machine, as seen in recent articles.

Insisted on a better system of government. What does that mean?

Patsfanin Philly said:

Here's what Kraft could have said..and I'm no PR guy.

http://www.patsfans.com/new-england...raft-quotes-today.1120926/page-7#post-4235510

" Look I am caught on both sides. As an owner, I am one of 32 whose job is to promote this league but I am bound by the League Constitution as to what I can and can't do . But as owner of the New England Patriots, my responsibility is to do whatever I can for the betterment of this franchise. I totally believe my QB, Tom Brady had nothing to do with any deflation and the only person to blame is Mother Nature. I have appealed this unjust, unfair league punishment and even if unsuccessful, I hope it will send a message that I support all involved unconditionally because I believe and the science proves them to be innocent. I commissioned the website wellsreportcontext.com to buttress this argument and show the league, the Commissioner, the fans and the media that there was nothing done against the rules and nothing that goes against the integrity of the game.
When it's all said and done, I hope Tom is out there week 1 when we raise the banner."

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I could post quotes where he said at least half of that, plus demanding an apology. Would it have done any real good? I think one farce trial at a time is enough and if, as I believe, he is working behind the scenes to line up enough owners to actually do something, bowing out was worth it IMO.

Not sure what would have happened if he was belligerent and spent the summer telling the league to F off, but we'll never know.

I believe in the dictum, don't get mad, get even.

RayClay said:

Due process? There is no due process in the NFL, that's the point. He and the 31 owners gave Goodell the power to do just what he did.

Not being able to turn back the clock, he had to go forward, wich meant dealing with reality. I'm sure he has some owners on his side and some owners are part of the corrupt machine, as seen in recent articles.

Insisted on a better system of government. What does that mean?

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It means explaing to the leadership that it is not in the league's interest for Goodell to be judge, jury and executioner. That this system can and should be replaced. What that system should look like is a different matter. Having a genuine appeal process to a neutral party would be a start.

flasox27 said:

I believe there never was a possibility of a Al Davis type law suit. However I believe that using his rebuttal and appealing as vocally as possible he could have forced Goodell to at least negotiate the penalty like Bisciotti did concerning Rice before it blew up. In stead by his craven capitulation and Pathetic concession speech, he revealed what his priorities were and the Pats and its fans are way down the list likely behind a good BM in the morning. When the owner no longer cares enough about his team, its players and fans like Kraft does, itis time to to turn over the team to someone who does. Unfortunately, Kraft sacrificed of the goodwill of the fans in this exercise

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so you mean he could have kicked and screamed like a little ***** in the name of making fans like you happy and nothing else?

RayClay said:

I could post quotes where he said at least half of that, plus demanding an apology. Would it have done any real good? I think one farce trial at a time is enough and if, as I believe, he is working behind the scenes to line up enough owners to actually do something, bowing out was worth it IMO.

Not sure what would have happened if he was belligerent and spent the summer telling the league to F off, but we'll never know.

I believe in the dictum, don't get mad, get even.

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spot on.......kicking and screaming for nothing other than to kick and scream is nonsense

I will also reserve judgement until this thing is over

Mack Herron said:

It means explaing to the leadership that it is not in the league's interest for Goodell to be judge, jury and executioner. That this system can and should be replaced. What that system should look like is a different matter. Having a genuine appeal process to a neutral party would be a start.

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He should explain this to goodell. You're serious, right?

RayClay said:

He should explain this to goodell. You're serious, right?

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No. Goodell is a tool of the owners.

Mack Herron said:

It means explaing to the leadership that it is not in the league's interest for Goodell to be judge, jury and executioner. That this system can and should be replaced. What that system should look like is a different matter. Having a genuine appeal process to a neutral party would be a start.

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As much as we all agree, this is the system agreed upon and what might stymie Brady's appeal, sometimes court do not want to get involved in negotiated and agreed upon rules and procedures..

It does violate due process, but the NFLPA agreed to this violation..

RayClay said:

People keep saying Kraft should have sued the league or goodell, but no one says what the grounds and damages would have been.

If you think he should have sued, say what for.

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Ray- are you asking for a specific theory under the Antitrust Act, or general history on the theories Al Davis (an owner and party to an existing CBA) sued the NFL under? Many of the complaints and decisions from his cases are online if you really want to read the gory details of those legal theories.

Also, is your concern those theories tend not to work, so shouldn't be brought at all? I don't believe there is a winning antitrust theory in Kraft's case. But with that said, antitrust suits present far more nuisance value for the NFL by virtue of the fact they would not be limited to arbitration questions and likely could encompass all of the matter handling problems we as fans find so annoying in this case with discovery demands on those issues.

The problem fans have with Kraft appears to be more holding back to avoid losing an unidentified benefit when the team is being battered like a pinata. A little public NFL embarrassment employed to reign that in through some settlement (the leading resolution in all litigation) would seem to be appropriate. I don't hate Kraft (I still believe he has been the best overall owner the team has had), but I am a little perplexed by a relationship that appears to have him holding a tea party for guests that are heaving hand grenades at him. Maybe there will be a rational explanation some day for his response. I'd love to hear it.

IllegalContact said:

spot on.......kicking and screaming for nothing other than to kick and scream is nonsense

I will also reserve judgement until this thing is over

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This is also a public relations battle, if not for the Patriots, for Brady's reputation and that of the team. It's not kicking screaming to protest your innocence versus rolling over and being perceived as guilty. In addition, by accepting the penalties and not appealing, there are legal implications in that it could be perceived as a waiver of all appeal rights which could come into play if Brady (hopefully) all penalties against Brady are removed.

The NFL breached the anti trust exemption, that is grounds for a lawsuit.

The reason why Kraft didn't do that though is because it would have taken down the whole league and not just Goodell & Kensil.

DarrylS said:

As much as we all agree, this is the system agreed upon and what might stymie Brady's appeal, sometimes court do not want to get involved in negotiated and agreed upon rules and procedures..

It does violate due process, but the NFLPA agreed to this violation..

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He has no case in court. It is a matter of internal politics.

Patsfanin Philly said:

This is also a public relations battle, if not for the Patriots, for Brady's reputation and that of the team. It's not kicking screaming to protest your innocence versus rolling over and being perceived as guilty. In addition, by accepting the penalties and not appealing, there are legal implications in that it could be perceived as a waiver of all appeal rights which could come into play if Brady (hopefully) all penalties against Brady are removed.

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over the course of deflategate, anyone involved who has opened their mouth publicly has sounded stupid