NFL, NFLPA quickly accept invitation to use Magistrate Judge for settlement talks

Does the NFL want an admission of guilt because they think he's guilty? Or, is it the only way they can avoid looking like this was a colossal waste of time and money?

SVN said:

Yes but brady need to offer something.As I mentioned in another thread, NFLPA George atallah said on dan patrick show that the NFLPA offered a settlement during arbitration of fine only and no games but nfl never made a counter offer. When asked if nfl makes it 2 games will brady take it, he said he has to ask tom. Now under the pressure of the judge and magistrate what is the counter offer brady offers if the NFL says 2 games. ? Especially now that brady said after the appeal got upheld that he and the team did nothing wrong dont know what brady can offer other than simply neutral arbitration again. Strangely the court case is about CBA abuse so not sure what brady will do in the negotiations here either so maybe the compromise must come from NFLPA in some sort.I think.

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He can offer to pay a fine or offer to have an independent arbiter hear the case, he doesnt have to offer games for something he didn't do and even if he did a suspension is not warranted.

supafly said:

I know that no one wants to even ponder this possibility, but is one game really going to make people think any less of him at this point? That ship may have sailed. One may argue that there's really nowhere to go but up, particularly after last week. By reducing it from 4 games to 1 game, it would likely been seen as a major victory for him at this point. Even the anti-Brady fans from opposing teams are getting sick of this bull crap.

That said, I'd want the one game to be for non-compliance, rather than a suggestion of guilt. I realize that it doesn't jibe with the CBA for non-compliance, but the NFL makes stuff up as they go along anyway, so it may not be an issue. What I don't want is this to drag into the winter months throughout the entire 2015 season, with Goodell appealing decisions, and us fans constantly waiting for the next step in the process, etc. If one game for non-compliance would put it to bed once and for all, I'd at least consider it.

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You know what? If I were Brady, here's an offer I might make: "I'll sit one game, on the grounds of non-compliance, on two conditions: (1) we get to pick the game before the season begins, and (2) you drop the 2016 penalty on the Patriots to a fourth."

I'm not saying he should, merely that I might in his shoes.

billdog3484 said:

No offense but that's the dumbest thing I've ever heard. Not possible to be true

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None taken. Don't believe it myself just stating what I had heard.

Tony2046 said:

None taken. Don't believe it myself just stating what I had heard.

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Yes, ditto, Tony.

My comments were strictly directed at Bayless's opinion, as I didn't even bother to look to see who posted it. Obviously, no offense meant in any form.

Here is the truth. If Brady accepts ANY fine or suspension, even if he doesn't have to admit any guilt, he loses, and loses big time. ANYTHING but complete exoneration means that Brady can be tagged as a cheater and NO ONE can claim differently. THAT would be his lasting legacy. I cannot understand how anyone who is actually innocent can accept that, especially someone as pathologically competitive as Tom Brady.

The ONLY "settlement" that I think can work for the slimy NFL (so I hope it doesn't happen), is if the NFL admits that they aren't sure anything actually happened, so they will suspend the penalties to Brady and the Pats until they can analyze the ball pressure procedures they put into effect for the 2015 season, and those measurements are correlated.

The NFL gets to reinstate the punishments IF that analysis confirms something happened. (which we all know won't happen). And they don't have to answer to the bag job they did on the Pats from the Mort report on. Brady gets his suspension and fine lifted. The Pats get their draft picks back (subject to later analysis, which will just prove their innocence)

In other words the NFL can play Rosanne Rosannadana and gets to say "Nevermind!" and we all can move on and the haters can say we got away again. Which is why I really don't want the NFL to go this route. It's a deal I think the Pats and Brady would have to take, but one that leaves the stain.
This would be the SMART move for the NFL. Fortunately that group is being run by Roger Goodell so there is a VERY good chance that he won't take it.

It will be interesting to see if the NFL thinks they can play Brady and the nflpa off against each other:

Offer Brady no games, no guilt, BUT only if TB and nflpa agree not to sue to change the Ommissioner arbitration authority. If you are nflpa, do you bite that and it's potential effect on future cases.

MagicMarker said:

Does the NFL want an admission of guilt because they think he's guilty? Or, is it the only way they can avoid looking like this was a colossal waste of time and money?

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I believe they want an admission of guilt because that pretty much indemnifies them against any potential defamation lawsuits.

I want to see the league fry over this. I want lawsuits and I want discovery. I hope that an admission of guilt is something Brady will not even remotely compromise on.

ctpatsfan77 said:

You know what? If I were Brady, here's an offer I might make: "I'll sit one game, on the grounds of non-compliance, on two conditions: (1) we get to pick the game before the season begins, and (2) you drop the 2016 penalty on the Patriots to a fourth."

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I like #2, but I loathe every time I hear that "we pick the 1 game" business. And I would guess that BB would, too. Can you imagine how motivated, say, the Jaguars would be, if they were picked? Any team would be. There is no correct choice except "Game 1"

BradyBranch39 said:

I like #2, but I loathe every time I hear that "we pick the 1 game" business. And I would guess that BB would, too. Can you imagine how motivated, say, the Jaguars would be, if they were picked? Any team would be. There is no correct choice except "Game 1"

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By that logic, there is no correct answer, period.

Wasnt there a rumor that brady was willing to take 1 game if all records were sealed ? Wonder how much was it true vs league spin to make him look bad.

The NFL and Brady are about as far apart from a settlement that they can be. Any settlement for an innocent Brady can't be about meeting halfway. and by innocent, he'd have to stick by that (and I believe Brady to be innocent.

So, let's play the NFL's game and start moving the goalposts. How about 0 games, the NFL has to come clean about their investigation and release all documents/information collected by their staff and Wells (under the approval of Yee/Kessler). Additionally, the NFL has to make a good faith campaign to restore Brady's reputation in the eyes of football fans.

If you consider that to be a reasonable starting point, getting 0 games and no admission of guilt might seem like a win for the NFL (as they get to keep their skeletons in the closet).

I hope Brady's team goes extreme when the league makes the inevitable request to bar any future defamation action. I.e., that's an option only if the league vacates all punishment to Brady and to the team, and publicly apologizes to him.

Of course, they'll say that's ridiculous, after which Kessler should say "Fine. Then let's take that off the table and try to get our other issues resolved."

Fencer said:

I hope Brady's team goes extreme when the league makes the inevitable request to bar any future defamation action. I.e., that's an option only if the league vacates all punishment to Brady and to the team, and publicly apologizes to him.

Of course, they'll say that's ridiculous, after which Kessler should say "Fine. Then let's take that off the table and try to get our other issues resolved."

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It's easier to bluff at a poker table when your holding a royal flush unlike the NFL who is holding a pair of twos.

supafly said:

I know that no one wants to even ponder this possibility, but is one game really going to make people think any less of him at this point? That ship may have sailed. One may argue that there's really nowhere to go but up, particularly after last week. By reducing it from 4 games to 1 game, it would likely been seen as a major victory for him at this point. Even the anti-Brady fans from opposing teams are getting sick of this bull crap.

That said, I'd want the one game to be for non-compliance, rather than a suggestion of guilt. I realize that it doesn't jibe with the CBA for non-compliance, but the NFL makes stuff up as they go along anyway, so it may not be an issue. What I don't want is this to drag into the winter months throughout the entire 2015 season, with Goodell appealing decisions, and us fans constantly waiting for the next step in the process, etc. If one game for non-compliance would put it to bed once and for all, I'd at least consider it.

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Interesting take Supa.
So if the NFL says to Brady "you take a one game suspension for non compliance. In turn we will suspend the verdict of guilt on the basis of our 2015 season wide PSI testing protocol. The matter is completely dropped and will not be commented on until the end of 2015 season. After the end of the 2015 season we will present all findings to a third party arbitrator. If the arbitrator deems the testing to show the Patriot football measurements to be within recorded range, the verdict of guilt will be reversed" (side notes: the NFL would never go for simply reversing the guilty verdict on Brady. It would be a long shot for them to even suspend it to study the 2015 season measurements -- as some sports writer suggested they do) (also I'm guessing the NFLPA would not lay down for a player being forced to give up their phone else be suspended).
Those realities aside, should Brady consider that hypothetical? It certainly would be a real shot for him to get a reversal of the verdict of not guilty/that he cheated. Just to get the decision of guilt out of the NFL's hands is a BFD. So does he take a suspension in order to once and for all get his 'guilt' out of the hands of the NFL/in front of a third party as well as the chance to end it much more easily and cheaply? I think Brady would have to give it definite consideration. I think he has to give any offer serious consideration that could reverse the NFL declaring him guilty of 'cheating'. That in itself is such a big win for him it almost makes the suspension just a mere part of the cost to get that victory.

TheBostonStraggler said:

Interesting take Supa.
So if the NFL says to Brady "you take a one game suspension for non compliance. In turn we will suspend the verdict of guilt on the basis of our 2015 season wide PSI testing protocol. The matter is completely dropped and will not be commented on until the end of 2015 season. After the end of the 2015 season we will present all findings to a third party arbitrator. If the arbitrator deems the testing to show the Patriot football measurements to be within recorded range, the verdict of guilt will be reversed" (side notes: the NFL would never go for simply reversing the guilty verdict on Brady. It would be a long shot for them to even suspend it to study the 2015 season measurements -- as some sports writer suggested they do) (also I'm guessing the NFLPA would not lay down for a player being forced to give up their phone else be suspended).
Those realities aside, should Brady consider that hypothetical? It certainly would be a real shot for him to get a reversal of the verdict of not guilty/that he cheated. Just to get the decision of guilt out of the NFL's hands is a BFD. So does he take a suspension in order to once and for all get his 'guilt' out of the hands of the NFL/in front of a third party as well as the chance to end it much more easily and cheaply? I think Brady would have to give it definite consideration. I think he has to give any offer serious consideration that could reverse the NFL declaring him guilty of 'cheating'. That in itself is such a big win for him it almost makes the suspension just a mere part of the cost to get that victory.

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Interesting take but how to do you accept a one game suspension for non compliance if you have not done anything to begin with? Non compliance for not turning over your phone? If Brady truly feels he is innocent of this mess how would he agree to any non compliance issues? I wouldn't.

If Brady is innocent of all charges then any penalty is unacceptable.

patfanken said:

Here is the truth. If Brady accepts ANY fine or suspension, even if he doesn't have to admit any guilt, he loses, and loses big time. ANYTHING but complete exoneration means that Brady can be tagged as a cheater and NO ONE can claim differently. THAT would be his lasting legacy. I cannot understand how anyone who is actually innocent can accept that, especially someone as pathologically competitive as Tom Brady.

The ONLY "settlement" that I think can work for the slimy NFL (so I hope it doesn't happen), is if the NFL admits that they aren't sure anything actually happened, so they will suspend the penalties to Brady and the Pats until they can analyze the ball pressure procedures they put into effect for the 2015 season, and those measurements are correlated.

The NFL gets to reinstate the punishments IF that analysis confirms something happened. (which we all know won't happen). And they don't have to answer to the bag job they did on the Pats from the Mort report on. Brady gets his suspension and fine lifted. The Pats get their draft picks back (subject to later analysis, which will just prove their innocence)

In other words the NFL can play Rosanne Rosannadana and gets to say "Nevermind!" and we all can move on and the haters can say we got away again. Which is why I really don't want the NFL to go this route. It's a deal I think the Pats and Brady would have to take, but one that leaves the stain.
This would be the SMART move for the NFL. Fortunately that group is being run by Roger Goodell so there is a VERY good chance that he won't take it.

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Who would be doing the recording/analyzing? Because the league would surely just mess with the numbers.

Tony2046 said:

Interesting take but how to do you accept a one game suspension for non compliance if you have not done anything to begin with? Non compliance for not turning over your phone? If Brady truly feels he is innocent of this mess how would he agree to any non compliance issues? I wouldn't.

If Brady is innocent of all charges then any penalty is unacceptable.

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I realize that will be the popular thought, and we all want to see the 4 games reduced to nothing for a 100% Tom Brady "win."

The reality, unfortunately, is that there may be a middle ground that we'll have to accept, and the "non compliance" punishment may offer the NFL the ability to save face. I hope not. I hope it all works out like we've been hoping for six months. We'll know soon enough.

BradyFTW! said:

Who would be doing the recording/analyzing? Because the league would surely just mess with the numbers.

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That's my concern as well. I can envision a scenario where they release the numbers showing that minimal change in pressure occurred, when the fine print would be from the last four Miami home games.

Something shady like that.