The 15-page briefs filed Friday night

PatsFanInVa said:

I'm neither a lawyer nor a judge either. But the discretion that Goodell* accords himself seems insupportably broad.

There actually is a punishment in the rule-book for the infraction - which was never proven: a $25,000 fine, but with the proviso that it's "not limited to" a $25k fine.

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You're falling into the trap the NFLPA pointed out before. The NFL Rule Book does not specify a $25,000 fine for tampering with the footballs.

That is part of the Competitive Integrity Policy that the NFL is trying to claim applies to Brady, even though both sides agree that it is not provided to players.

ctpatsfan77 said:

That also means, among other things, that there would be no draft and no salary cap.

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As far as the draft, good riddance. Just means less revenue for ESPN and goofs like Mel Kiper will be out of a job.

I have mixed feelings about the salary cap. It's a dangerous game so I have no problem with players getting as much money as they can command; otoh, you can wind up with a Yankees/MLB type problem.

There are implied and legal limits to discretion, NFL can't do anything it wants, k guys?

Jlaff said:

There are implied and legal limits to discretion, NFL can't do anything it wants, k guys?

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I would sure hope not but Im still worried.

Once it's in court, they've lost before, right?

It's just the "unquestioned authority in-house" part that's frightening.

Every data dump has its own timeline. But I really don't think the NFL* has anything else. They've shot their proverbial wad... or else they would not have to rely on a handful of texts and far more lies.

The Brady testimony really does read as extremely damning to the NFL*... which now declares that the "independence" of the report is "no longer relevant."

Fencer said:

More generally, the NFL's brief boils down to "The arbitrator has full power to decide matters not just of fact, but of law and precedent. Hence no court can ever find the arbitrator to be mistaken in any way."

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Signed

Adolph Hitler, circa 1935

MagicMarker said:

I've read several of the legal commentators....Those on Brady's side list several reasons Brady might win. Those on the NFL's side list one: "The NFL can do whatever it wants without limitation and the court can't overrule it".

I would be surprised if the court ruled there are no limitations on the NFL's power. He'd have to rule either Goodell was not unbiased in his appeal ruling or the NFL is allowed to be biased. Essentially they can create the crime, charge, find guilt, punish and hear appeal and player has no recourse.

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The courts have already consistently ruled that there are limitations on Goodell's power.

The NFLPA complaint seemed like a slam dunk when I first read it a week or so ago and it still looks that way to me. But you never know how a judge will rule.

I still don't understand why the lack of any actual physical ball deflation taking place is given little to no emphasis by Kessler. I get that all the other arguments should be made, "in the alternative" or otherwise, but front and center should be that no wrong doing actually took place, and that under the CBA, actual wrongdoing is a fundamental condition precedent to punishment.

But that's just me.

Jlaff said:

I still don't understand why the lack of any actual physical ball deflation taking place is given little to no emphasis by Kessler. I get that all the other arguments should be made, "in the alternative" or otherwise, but front and center should be that no wrong doing actually took place, and that under the CBA, actual wrongdoing is a fundamental condition precedent to punishment.

But that's just me.

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Beause the judge is not going over the investigation but what the arbitration ruled and if it was right to rule or not. At least thats my understanding.I may be wrong.
Pluse by putting the fine for equipment violation there he is showing some settlement ground unlike goodell who says he will enforce 4 game suspension.

SVN said:

Beause the judge is not going over the investigation but what the arbitration ruled and if it was right to rule or not. At least thats my understanding.I may be wrong.
Pluse by putting the fine for equipment violation there he is showing some settlement ground unlike goodell who says he will enforce 4 game suspension.

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But a part of scrutinizing an arbitrator's decision is determining whether there was any major misappreciation of the evidence before them.

MagicMarker said:

I would be surprised if the court ruled there are no limitations on the NFL's power. He'd have to rule either Goodell was not unbiased in his appeal ruling or the NFL is allowed to be biased. Essentially they can create the crime, charge, find guilt, punish and hear appeal and player has no recourse.

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Hypothetical.

If the court DOES decide that the Commissioner has unfettered power to do as he sees fit, what would be the consequences?

I would think that the NFLPA might call for a player strike to renegotiate the disciplinary procedures to defend the players from tyranny.

THAT would get the attention of the owners. No games, no income. All over a completely manufactured scandal. They would have to remove the Commissioner and reach an agreement.

You might argue that the players' union brought this on themselves by granting such power to the Commissioner. However, I doubt anyone thought that a Commissioner would resort to such Stalinist disregard for fundamental fairness and honesty. This Commissioner's actions are far beyond the pale.

I have believed that the unions have overstepped their moral imperative for decades in this country, but this whole case is a bright as day example of why unionization is justifiable. There is no league without the players. They have power and should use it in this situation.