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I'm not an aficionado of the law but this seems troublesome:
http://www.atlredline.com/no-destroying-tom-bradys-cell-phone-was-not-okay-1720689663
My guess would be that they'll argue that what Brady did or did not text is irrelevant, since the point of the suit is that Goodell never had the authority to demand the contents of Brady's personal phone in the first place?