New Order From Judge Berman (Friday 7/31 Afternoon)

RIpats88 · Aug 2, 2015

the thing is, despite everyone touting "judges usually hold up these sort of things" The NFL has gotten their suspensions thrown out EVERY TIME...its because Goodell doesnt follow the CBA. I would imagine most times people bring it to court the employer has followed the letter of the rules.

to me, the judge asking them to settle makes me think that he already is leaning towards the fact that the NFL acted out of bounds and is saying "come to an agreement because you are going to lose in court anyway"

yes, goodell has alot of power in the CBA...but that doesnt mean he can just dole out whatever punishment he feels like due to public opinion.rulebook says x, goodell does Y...just because he can.

Silver Blue&Red · Aug 2, 2015

Brady should, and I pray he does, accept no penalty whatsoever . If I truly did nothing wrong, I would go to prison before admitting to ANYTHING I did not do. The wording in these documents are sketchy. I hope this judge does not lead us down the same path as we've been dealing with for months. Everyone is susceptible to bias and/or bribery. Maybe I'm a little paranoid, but I don't feel as confident about the outcome as I . This whole mess is an outright assault on fairness and justice. There is no resolve without total exoneration. IMO. ....And I want my F'n picks back.

PatsFanSince74 · Aug 2, 2015

TommyD4207 said:
That's part of it.

They're also arguing that Goodell acted as a partial arbitrator. I think that's where they're strongest, personally.

FWIW, I think the NFLPA's strongest arguments are the lack of notice and precedence in the punishment.

Goodell's role is, to me of course, absurd. But in the end that particular argument could come down to "he said he said."

n6249c · Aug 2, 2015

PatsFanSince74 said:
FWIW, I think the NFLPA's strongest arguments are the lack of notice and precedence in the punishment.

Goodell's role is, to me of course, absurd. But in the end that particular argument could come down to "he said he said."

It might be that those two reinforce. Goodell's partiality is shown by his disregard for notice and precedence.

Deus Irae · Aug 2, 2015

Fencer said:
The truth probably lies somewhere between your view and, for example, Steph S's.

Steph said the same thing I have.

Silver Blue&Red · Aug 2, 2015

JarOfMayo51 said:
I dont think he'll get out of it without a fine, since there is already precedent set from the Favre case for not turning over his phone

They, by their own words, stated they didn't want the phone. You can't penalize somebody for something that's not in the CBA. Favre was guilty. He knew it, and to be honest, should be thanking his lucky stars that he got off so easy. A lot of personal info would have been released. Just because someone caves to penalties that supersede the rules, doesn't mean they are within the rules.

MagicMarker · Aug 2, 2015

I wonder if we're wrong in thinking of this just like lawyers, rather than PR people.

Goodell wanted to look strong and make a statement from a position of power. Now look at it. Even if people believe Brady is guilty, the league looks like a lying, corrupt organization. Once the Patriots and Brady pay their price, those people will be done with them.

Then, they'll focus on their next corrupt target -- the NFL.

Does the NFL want two or three more weeks of bad press before this is settled?

JMC00 · Aug 2, 2015

MagicMarker said:
Does the NFL want two or three more weeks of bad press before this is settled?

Haven't you heard? If the PR battle was a football game it was the AFCC and the nfl was the Pats and the nflpa and Brady were the colts.

SVN · Aug 2, 2015

Silver Blue&Red said:
Brady should, and I pray he does, accept no penalty whatsoever . If I truly did nothing wrong, I would go to prison before admitting to ANYTHING I did not do. The wording in these documents are sketchy. I hope this judge does not lead us down the same path as we've been dealing with for months. Everyone is susceptible to bias and/or bribery. Maybe I'm a little paranoid, but I don't feel as confident about the outcome as I . This whole mess is an outright assault on fairness and justice. There is no resolve without total exoneration. IMO. ....And I want my F'n picks back.

Yes but the judge is forcing to 'settle' ,so what does brady offer as settlement ? If nothing, then the judge isnt going to be too pleased.

SVN · Aug 2, 2015

YOUGOTMOSSED said:
It seems the only "fair" settlement would be to fine Brady for not turning the phone over (and it's dubious how "fair" that really is) but it's a concession that should get a deal done if the judge gets involved and pushes for it.

If the NFL continues to hold out, I think Kessler's papers set forth a really good case of how Goodell and the NFL ran roughshod over Brady and the resulting punishment was "over the top."

A smart judge would press each side to work out a fine at a number both sides could live with. If the NFL continues to be pigheaded about this, then bring the hammer down, vacate the whole thing, and give Goodell/NFL a verbal "beatdown" in the decision.

If it settles as I suggest- Good news: Brady gets to play for the rest of the season. Bad news: Patriots lost draft picks over nothing; Goodell and the NY "Rat Pack" are still running the show and free to cook up newer and more creative ways to screw us; we will continue to hear crap from the haters. The first 2 pieces of bad news are the only ones that trouble me.

My preferred scenario- NFL holds out and pisses off the judge who vacates the arbitration award and writes that scathing opinion. Goodell's job is now in serious jeopardy, the league has a public relations disaster, and defamation lawsuits start flying.

NFL is more devious than this. They are the ones who filed first in NY immediately after the ruling. They might be even expecting a settlement directive from a judge so thats why maybe they kept it at 4 and will now offer 3 or 2 to show the judge willingess to settle putting Brady in a spot to show some initiative to show the judge that he is also willing to compromise
I heard NFLPA's george attalah that NFLPA offered a fine and no games as a settlement but NFL declined.When asked if brady will take a 1/2 game suspension he said he needs to ask brady about that.
Oddly Goodell's language in the letter that 4 is lenient for a first time crime and is consistent with other performance enhancing violatiosn like drugs is counter to settlement.

Silver Blue&Red · Aug 2, 2015

SVN said:
Yes but the judge is forcing to 'settle' ,so what does brady offer as settlement ? If nothing, then the judge isnt going to be too pleased.

Mow the judges lawn? Lol. I don't know, but he did nothing wrong, why admit quilt. He will dubbed a cheater for eternity. I don't see him doing that. But, I have no experience in these matters. I, personally would not give in if I truly were innocent. I think the 1 mil and 2 draft picks is a pretty good compromise

YOUGOTMOSSED · Aug 2, 2015

SVN said:
NFL is more devious than this. They are the ones who filed first in NY immediately after the ruling. They might be even expecting a settlement directive from a judge so thats why maybe they kept it at 4 and will now offer 3 or 2 to show the judge willingess to settle putting Brady in a spot to show some initiative to show the judge that he is also willing to compromise
I heard NFLPA's george attalah that NFLPA offered a fine and no games as a settlement but NFL declined.When asked if brady will take a 1/2 game suspension he said he needs to ask brady about that.
Oddly Goodell's language in the letter that 4 is lenient for a first time crime and is consistent with other performance enhancing violatiosn like drugs is counter to settlement.

Personally, I hope Brady stands on principle and tells the league to "shove it, I did nothing wrong and your notion of 'due process' is f*cked." If the Judge upholds this foolishness then f*ck him, too!

PATS16N0 · Aug 2, 2015

Judge was warning league to settle, IMO. That's why he said he would open documents the league wanted to keep sealed if it went to court.

The only people who don't understand this was a witch hunt are dumb Jet fans, and dumb Bronco fans who went all in emotionally on Peyton Manning only to watch Brady win a 4th ring against the team that throttled them. Both are psychologically damaged fan bases.

I am supremely confident in where this is going now. The timing on the email leaks and the expanding Mort/Kensil story couldn't be more beautiful.

Touchdown Tom wins again

Hoodie · Aug 2, 2015

PATS16N0 said:
Judge was warning league to settle, IMO. That's why he said he would open documents the league wanted to keep sealed if it went to court.

The only people who don't understand this was a witch hunt are dumb Jet fans, and dumb Bronco fans who went all in emotionally on Peyton Manning only to watch Brady win a 4th ring against the team that throttled them. Both are psychologically damaged fan bases.

I am supremely confident in where this is going now. The timing on the email leaks and the expanding Mort/Kensil story couldn't be more beautiful.

Touchdown Tom wins again

I sure hope you're right, but I can't bring myself to be that confident yet. I've already suffered quite a bit of psychological damage myself and don't want to move into Jets/Bronco territory.

MagicMarker · Aug 2, 2015

Hoodie said:
I sure hope you're right, but I can't bring myself to be that confident yet. I've already suffered quite a bit of psychological damage myself and don't want to move into Jets/Bronco territory.

It's interesting what it takes. During Rathergate, that false story fell apart within a week or so. I guess that was because a large chunk of the population didn't believe it right away. This started out with just Patriot fans and a few reporters. It takes more time.

But, it seems most of the media reports coming out since the "Brady destroyed his phone" story have been negative and embarrassing for the NFL. So much so, that even if Judge Berman were to rule the CBA says Goodell can do whatever he wants, they still don't come out of this looking good.

SHOWTIME15 · Aug 2, 2015

Hopefully this is Tom's greatest 4th quarter comeback

JMC00 · Aug 2, 2015

If I'm Brady this is my statement in regards to settlement

"My settlement offer is I will accept a $50k fine for "non-cooperation" which is the same fine Brett Favre received when he didn't hand over his phone even though I was legally within my right not to hand it over especially when your "independent investigator" said he didn't even want the phone."

PATS16N0 · Aug 2, 2015

JMC00 said:
If I'm Brady this is my statement in regards to settlement

"My settlement offer is I will accept a $50k fine for "non-cooperation" which is the same fine Brett Favre received when he didn't hand over his phone even though I was legally within my right not to hand it over especially when your "independent investigator" said he didn't event want the phone."

Then he should say "**** you *****es," drop the mic, and leave.

Deus Irae · Aug 2, 2015

Brady should "cooperate" to the extent of promising not to sue for defamation, as long as

League admits no proof Brady did anything wrong
League acknowledges error in fining team and taking draft picks
League hires a truly independent investigator to find out who the league office leakers were
League agrees to fire said leakers
League reverses all suspensions and fines for Brady

At this point, there's really no reason for anything beyond that, unless the NFLPA lawyers get an ominous vibe from the judge.

RelocatedPatFan · Aug 2, 2015

Deus Irae said:
Brady should "cooperate" to the extent of promising not to sue for defamation, as long as

League admits no proof Brady did anything wrong

League acknowledges error in fining team and taking draft picks

League hires a truly independent investigator to find out who the league office leakers were

League agrees to fire said leakers

League reverses all suspensions and fines for Brady

At this point, there's really no reason for anything beyond that, unless the NFLPA lawyers get an ominous vibe from the judge.

A little short of where I want this to be, but if Brady is ok with it...who am I to argue.

New Order From Judge Berman (Friday 7/31 Afternoon)

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