This has been about the phone all along. Why is it about the phone?
The NFLPA handed excessive powers to the NFL, which it has used, abused and screwed up in the Rice, Peterson, Hardy cases.
What it didn't have was subpoena power. How badly did that hurt them in those cases?
Make no mistake the primary goal of the NFL in everything it does is to hold down the players.
So, they have a chance to essentially guarantee subpoena power here.
Ask Tom Brady for his phone and/or records. They have no right under the CBA to do so.
They do not tell him there would be any consequences for not doing so after he says his attorney advises him not to. (Wells goes into great length about how they didn't explain that further, which is ridiculous because there is no reason to)
Now we learn that Wells says the PRIMARY reason for finding Brady guilty is that because he wouldn't turn over the phone that caused him to find every other word out of his mouth not credible.
Further, he creates his own version of the Deflator and Dorito Dink texts because he chooses not to believe Brady, because he didn't give him voluntary subpoena power, and although his phone would show the same texts, because he couldn't see them on Brady's.
Wells was extremely clear that not giving up the phone caused him to judge every other statement Brady made as not credible.
Goodell upheld the suspension because Brady got rid of the phone they had no right to see.
In the end, if Brady loses, every player ever asked for ANY item will be forced by precedent to give it.
Even if Brady wins or settles, it is very likely any players asked for any item will capitulate rather than be dragged through the NFL negative media machine for 6 months or more.
Lets hope Kessel conveys this point to Berman.