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NFL vs. Brady Federal Court Hearing (8/19) LIVE UPDATES AND TWEETS


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Wow. He went medieval on their asses. Way to go Dan!
 
Then there was this one from Kessler: "No one in the NFL knew anything about Ideal Gas Law, which is surprising because I think I studied that in ninth-grade science class."

Even Berman laughed at that
 
Great article. Love it.

My favorite part:
Kessler noted the footballs were, on average, just 1-2 percentage points underinflated and yet the NFL deemed it a grand conspiracy despite not being able to accurately measure the inflation levels. He likened it to getting pulled over for being 1 mile per hour above the speed limit and asking the police officer how he measured the speed.

"I counted, 'One Mississippi, two Mississippi, three Mississippi, and I can tell you were 1 mile over,'" Kessler said, role-playing a cop.
 
Loved this part. Great point:
When Nash tried to argue that Pash wasn't that involved and was more of an editor, Berman, like this was a cross-examination, pointed to an NFL press release that referred to Pash as "co-lead." Nash, stepped back from that lectern, again tried to minimize it as just a press release.

"Well," Berman said, "it's not my press release. You all wrote it."

This is also very important:
"Who else but Mr. Pash had the opportunity to edit the Wells report before it became public?" Berman asked. "Anybody?"

Nash returned to the CBA, which he says allows Goodell, as arbitrator, to make these calls.

"Under the law the arbitrator doesn't have the authority to determine evidence will be cumulative. They can not just conclude that. I would ask you, who else but Mr. Pash could have given testimony about his edits or how extensive they were? Who else could have possibly given the testimony of Mr. Pash? … What I am saying is it's not sufficient to just conclude his testimony would be cumulative."
 
It does seem that Judge Berman is getting a tad annoyed at Nash for referring unknowns back to Goodell. You would think Nash would be prepared for anything and he seems to be stumbling over basic common sense questions from Berman. The whole constant deferring to Goodell must not sit well with Berman and gives the impression that Goodell is an emperor that is making stuff up as he goes. Meanwhile sticking bondo in all the cracks and holes which Berman is quite adept at recognizing.
 
pash argued that it wasn't needed because the impetus for Wells' report was the AFC title game. Berman said that gave him, "some pause" and called it a leap to just base everything on "probably done it before or some guy from the Colts saying they do it all the time."


As for Brady not being allowed to question Pash about his role in Wells' report, Berman blasted Goodell's reasoning that it wasn't allowed because the testimony would be "cumulative."

"How would you know?" Berman asked if Pash didn't testify. When Nash downplayed Pash's contributions, Berman had none of it.



Nash, goody, pash got their collective asses kicked today.
 
But couldn't Brady claim that calling Jastremski and McNally would have been cumulative testimony too because they would just confirm everything Brady said in the appeal.

Neither the NFL nor the NFLPA wanted to use their precious argument time on questioning Jastremski and McNally, so the question as to whether or not they should have been compelled to testify never even came up. It sounds as if Berman is unimpressed with the "cumulative testimony" argument though, and agrees with the NFLPA's position that Goodell improperly used his power as arbitrator to prevent the NFLPA from questioning Pash as part of a strategy to advance the NFL's case against Brady.
 
Wonder if Goodell would accept a one year sabaticle for not coorporating with the hearing.
 
What that means in the end isn't determined, but consider toward the end, after Berman went after Nash for the suggestion that you could infer Brady was cheating because he stated that his preferred inflation level was 12.5 pounds per square inch, the legal limit. How, Berman wondered, could wanting the legal limit be a sign of illegal behavior?
I love it. Might as well say that going the speed limit is evidence of reckless driving. Glad that Berman is catching this stuff.
 
Had Kensil been mentioned at all in any of these court precedings? Seems to me that he's the main cause of this mess and he's been lying low ever since

I'd love it if his were the first head to roll when this is over
 
Can anyone really believe its taken all this time for one person to finally look at this sensibly and realise its all a load of rubbish and has been from the start? How can nobody at the NFL not realised how silly and unfounded it all is.
 
Daniel Wallach ‏@WALLACHLEGAL 8m8 minutes ago
After today, likelihood of a Brady win has shot up to 90% (but still there's that deferential standard and 2d Circuit no slam dunk either)

If NFL appeals I'd like to see the defamation suite filed immediately. How long does it take a 2nd court appeal? Like a year? I've heard some decision after the appeal don't come for 6 months.
 
Neither the NFL nor the NFLPA wanted to use their precious argument time on questioning Jastremski and McNally, so the question as to whether or not they should have been compelled to testify never even came up. It sounds as if Berman is unimpressed with the "cumulative testimony" argument though, and agrees with the NFLPA's position that Goodell improperly used his power as arbitrator to prevent the NFLPA from questioning Pash as part of a strategy to advance the NFL's case against Brady.

I think Berman realizes that 1 + 1 does not equal 3. A couple of texts and jokes from Jastremski and McNally do not implicate TB
 
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