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Most people are simply not aware that Judge Berman will NOT be looking at the football "facts" of this case. It's not his territory to do that.
That will be left for a different judge in a different case (possibly).
Judge Berman will only be ruling on the protocols of the appeal ruling that was handed down by Goodell.
Where Team Brady should be hammering is 3 obvious conflicts of interest that came to light during the appeal:
Those three issues should effectively prove to Judge Berman that Judge Goodell was NOT an independent arbiter at all.
(This does not even touch upon the ridiculousness of the Commissioner being the sole arbitrator in an appeal regarding his own office's initial ruling on Brady/Patriots).
That will be left for a different judge in a different case (possibly).
Judge Berman will only be ruling on the protocols of the appeal ruling that was handed down by Goodell.
Where Team Brady should be hammering is 3 obvious conflicts of interest that came to light during the appeal:
1) Wells gave his report to NFL official Jeff Pash pre-publication for what he termed "wordsmithing".
2) Wells' colleague at Paul, Weiss, Rifkind, Wharton & Garrison (and one of the three lawyers credited in the Wells report) cross-examined Brady on behalf of the NFL during the appeal session.
3) Wells refused to hand over certain documents regarding whether Goodell had any influence over Troy Vincent in deciding the original puishment to Brady's team citing "client privilege".
2) Wells' colleague at Paul, Weiss, Rifkind, Wharton & Garrison (and one of the three lawyers credited in the Wells report) cross-examined Brady on behalf of the NFL during the appeal session.
3) Wells refused to hand over certain documents regarding whether Goodell had any influence over Troy Vincent in deciding the original puishment to Brady's team citing "client privilege".
Those three issues should effectively prove to Judge Berman that Judge Goodell was NOT an independent arbiter at all.
(This does not even touch upon the ridiculousness of the Commissioner being the sole arbitrator in an appeal regarding his own office's initial ruling on Brady/Patriots).
