Deflategate Legal Time Capsule: Judge Berman Speaks

RelocatedPatFan said:

By not showing up?

You and I (all of us here) realize how important practice might be, because we live and breathe the sport. Not sure what Judge Berman believes. Berman might think practice is not significant (to miss) for a single day or two (in the grand plan of a season of football).

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Hoodie said:

Someone get Chris a cigar!
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AndyJohnson said:

The judge told him his attendance at this hearing is not necessary.

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Hoodie said:

Someone get Chris a cigar!
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RelocatedPatFan said:

Don't disagree with you (about the obvious importance of this to Brady. so perhaps we can settle that)

My point might boil down to a similar context as in your wife/girlfriend asking you, "Do I look fat in this dress?". It might be a question that appears to have more than 1 answer, but we all know what happens if you take the wrong option. it might not. if it was me I'd err on the side of showing up (my opinion, not stating an opinion for anyone else and just offering up possibilities why he could easily show)

Once again, Berman might be letting them off the hook or he might not. I'd trust Brady/Kessler's opinion on the topic. Do you think it makes a (perception) difference if he shows up or doesn't?

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AndyJohnson said:

No I don't think it makes any difference at all.
The judge told him he doesn't have to be there. This isnt Ted Wells, its a federal court judge.
He isn't going to play games like that.
Besides if he did, are you seriously suggesting he would pimp his legal opinion and expertise and come up with a fake ruling based upon who showed up even though he told them not to?
Whether they even care has nothing to do with the law.

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neuronet said:

I disagree because at this point...F the optics. F the haters. Just do what you need to improve. which means participate in joint practice.

It's in a judges hands, I trust Kessler to have felt out the situation appropriately so he will get a good feel for whether Brady should come or not, and advise him accordingly.

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Geezer Butler said:

First thanks for the post, good info here. This isn't directed at you OP.

My god, I'm so sick of this BS. This is going to drag on, and on, and on. The last thing this team needs when trying to defend a title, especially after losing so many key pieces, is this absolute foolishness.

This whole thing is really beginning to appear like a microcosm of the worst parts of this society at this point. Up is down, heads is tails, truth comes from those with the most money and their cronies shouting the loudest. Forget about actually justice.

Makes me want to vomit. There was a Monday night game on last night. Really wanted to turn it on, really did. I didn't, and I won't. Ever again, if it doesn't have Tom Brady or Bill Belichick involved.

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Q. Hi, Mike, Judge Berman has only given Brady the "option" of not attending this Wednesday's meeting. His absence would not be looked on unfavorably, but he would gain more credence and favor with Judge Berman [if he attended]. His presence would underline the very strong importance and gravity of the matter for him as well as the depth of his sincerity and commitment to it. The optics/perception of the day in the media would look strange if he is absent. In a split-screen news presentation, Brady is playing football in practice while his lawyers are arguing his case without his presence; worse would be if Roger Goodell decides to show up for the meeting and Brady is absent. Your thoughts? -- Jake M. (Vancouver)

A. Jake, on Tuesday morning Brady wasn't present at practice, and USA Today Sports reported that the Patriots quarterback plans to be at Wednesday's court hearing and not attend joint practices with the Saints. As for what Brady's presence would represent, I don't think Judge Berman is going to be making a decision based on optics as much as his interpretation of the law in this case. But in another respect, Brady would be making a statement to him about how strong he feels about his position in the matter. Tough call, and perhaps that's part of what Brady was talking to Bill Belichick about in an extended chat after Monday's practice.

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Q. Mike, never know how a judge will rule. If he rules against Tom Brady, he will need to find the NFL acted within, and fairly under, the terms of the CBA. It appears the NFL recognizes that as an issue given the arguments they have filed essentially state the manner in which they conduct themselves doesn't matter. If the judge agrees with their argument, it would be a huge defeat to unions across the country. This decision has far greater implications than Brady. Thoughts? -- JP (Atlanta)
A. I agree, and that's why I assume we're headed to a situation that includes an appeal, no matter how Judge Berman rules. In one respect, you have history to look at and see that in a six-year period from 2006-2012 in the Southern District Court of New York (where Brady and the NFL are being heard), there were 68 arbitration cases heard and only two were denied confirmation (stats via the New York Dispute Resolution Lawyer magazine). That probably explains why the NFL quickly filed to have the decision confirmed there. At the same time, Brady has a strong case that could trump that recent history. In football odds lingo, I see this as close to a pick 'em.

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I don't know what Judge Berman's stylistic preferences are but if I went to law school, got awesome grades, worked worked worked, went through the process to get named as a federal court judge, decided many actually important cases, and then was asked to make a decision in a case that should have been settled that is this profoundly dumb, I would torch the NFL in flames that would make hades look like a refrigerator. This case is dumber than small claims court--at least with those courts, there are real problems involving real people. Deflategate is dumber than fiction.

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