Wetzel's report on today's (8/19) hearing.

Here's a snippet from Dan Wetzel's report on todays doings in Manhattan:

"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."

http://sports.yahoo.com/news/deflat...l?soc_src=mediacontentsharebuttons&soc_trk=tw

raduray said:

Here's a snippet from Dan Wetzel's report on todays doings in Manhattan:

"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."

http://sports.yahoo.com/news/deflat...l?soc_src=mediacontentsharebuttons&soc_trk=tw

Click to expand...

And hits just keep on comin! As this plays out Berman will expose NFL* and hold them accountable for their actions taken against Brady. NFL* is doin a great job of impersonating Ralph Kramden 'Hummina Hummina Hummina' Answers. I'm waiting to see who flips on who.

I was happy these points were covered by kessler which seemed to have missed in most tweets/stories

"Kessler and the NFLPA argued that the league never provided notice to Brady that "general knowledge" of an infraction could lead to a suspension, that it didn't allow a fair arbitration system, that Goodell knew he was compromised as an arbiter because he had previously praised the findings of Wells' report, that the commissioner improperly increased the findings against Brady from "generally aware" to a full participant in a "scheme" based on no authority and no additional information, that the science of Wells' report was junk, that the NFL didn't provide attorney notes to the NFLPA in violation of federal standards and … so on and so on."


and this is a classic burn

""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.""

I have a solid legal basis for vacating the award. Your case is garbage. I want this settled.

Can the NFL take a hint? Or are they going to just keep blathering . . . blah, blah, blah . . . "integrity of the game" . . . blah, blah, blah . . . "deference to the arbitrator" . . . blah, blah, blah . . . "Brady must accept the Wells report"?

Absent a settlement, I think Kessler will rule for Brady with a blast that will ripple in public opinion.

It still won't overturn the general consensus that Brady is a tarnished star, etc., but it will offer some small portion of redress.

But his doing that is probably contingent on Brady maintaining his willingness to settle in some way. So Brady has a tightrope to walk. I hope Kessler prepares him well.

"I have a little trouble with that."

"Everything involves the integrity of the game."

Berman projects right through that integrity of the game bs. Basically in a nutshell he sees that as a dangerous weapon for the NFL and something that can continue to be used at the NFLs preference on any case it wants. No wonder he has a problem with it.

I would love for the defamation suit to follow.

And I would really love for there to be some way to get another bite at the draft picks apple. (After all, circumstances on the ground changed; Kraft's lawyers might have a way of turning this into "oh there is new evidence that your evidence was made up."

Patriot Missile said:

"I have a little trouble with that."

"Everything involves the integrity of the game."

Berman projects right through that integrity of the game bs. Basically in a nutshell he sees that as a dangerous weapon for the NFL and something that can continue to be used at the NFLs preference on any case it wants. No wonder he has a problem with it.

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Berman sees that it translates to "Because I say so" and rightly has a problem with that.

PatsFanInVa said:

I would love for the defamation suit to follow.

And I would really love for there to be some way to get another bite at the draft picks apple. (After all, circumstances on the ground changed; Kraft's lawyers might have a way of turning this into "oh there is new evidence that your evidence was made up."

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First, return the draft picks, acknowledge the fact that you defamed us, and then resign and ONLY THEN we very well may consider the possibility of settling the defamation claims against you.

YOUGOTMOSSED said:

I have a solid legal basis for vacating the award. Your case is garbage. I want this settled.

Can the NFL take a hint? Or are they going to just keep blathering . . . blah, blah, blah . . . "integrity of the game" . . . blah, blah, blah . . . "deference to the arbitrator" . . . blah, blah, blah . . . "Brady must accept the Wells report"?

Click to expand...

I think this might point to the NFL's endgame here. All or nothing. Except nothing means they can reconvene and reissue a suspension. If that is possible then I don't think they back off on their suspension or acceptance of the Well's report. They'll just re suspend Brady with a cleaner process so that it would not get overturned in court again. That's my fear at the moment from reading this article. Hopefully , as I am not a Lawyer, I have read to far into this.

http://www.si.com/nfl/2015/08/19/deflategate-hearing-tom-brady-roger-goodell-richard-berman

It’s possible the NFL could conduct another hearing to review Brady’s four-game suspension, although clearly Goodell would not be the presiding officer for that second NFL hearing. Brady would be able to play in the meantime, but a second NFL hearing would be looming over his head. NFLPA attorney Jeffrey Kessler has asked Judge Berman not to allow a second NFL hearing, but it’s not clear that Judge Berman would go along with such a stipulation.

YOUGOTMOSSED said:

First, return the draft picks, acknowledge the fact that you defamed us, and then resign and ONLY THEN we very well may consider the possibility of settling the defamation claims against you.

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I like it, but it also needs to include fairly revisiting the Revis tampering as well as prosecuting the Colts for the false accusation.

Also, anyone with ties to the Rats cannot serve in an executive capacity in the NFL* offices due to a demonstrated bias.

In addition, Chris Mortenson , John Clayton, and Lester Munson will be recipients of atomic wedgies administered by Gronk and his brothers.

After that, THEN we will be amenable to discuss resolving any defamation issues.

Tony2046 said:

I think this might point to the NFL's endgame here. All or nothing. Except nothing means they can reconvene and reissue a suspension. If that is possible then I don't think they back off on their suspension or acceptance of the Well's report. They'll just re suspend Brady with a cleaner process so that it would not get overturned in court again. That's my fear at the moment from reading this article. Hopefully , as I am not a Lawyer, I have read to far into this.

http://www.si.com/nfl/2015/08/19/deflategate-hearing-tom-brady-roger-goodell-richard-berman

It’s possible the NFL could conduct another hearing to review Brady’s four-game suspension, although clearly Goodell would not be the presiding officer for that second NFL hearing. Brady would be able to play in the meantime, but a second NFL hearing would be looming over his head. NFLPA attorney Jeffrey Kessler has asked Judge Berman not to allow a second NFL hearing, but it’s not clear that Judge Berman would go along with such a stipulation.

Click to expand...

But it won't be that simple. Assuming Berman rules the way we hope he does, this won't be getting off on an fixable technicality. It will likely be an assertion from the court that Brady cannot be suspended based on the Wells Report, as "general awareness" is a standard that players can't be punished for. And furthermore that the punishment was issued under a policy that does not apply to players.

If Goodell tries to go all the way back and reissue punishment, the a federal court already decided in the Ray Rice case that he can't punish someone twice for the same 'crime', so that would get crushed in court too.

Tony2046 said:

I think this might point to the NFL's endgame here. All or nothing. Except nothing means they can reconvene and reissue a suspension. If that is possible then I don't think they back off on their suspension or acceptance of the Well's report. They'll just re suspend Brady with a cleaner process so that it would not get overturned in court again. That's my fear at the moment from reading this article. Hopefully , as I am not a Lawyer, I have read to far into this.

http://www.si.com/nfl/2015/08/19/deflategate-hearing-tom-brady-roger-goodell-richard-berman

It’s possible the NFL could conduct another hearing to review Brady’s four-game suspension, although clearly Goodell would not be the presiding officer for that second NFL hearing. Brady would be able to play in the meantime, but a second NFL hearing would be looming over his head. NFLPA attorney Jeffrey Kessler has asked Judge Berman not to allow a second NFL hearing, but it’s not clear that Judge Berman would go along with such a stipulation.

Click to expand...

I don't think it's that simple. I'm pretty certain the NFL does NOT want to have Pash deposed and I think Berman is smart enough to know that, which is why he's hitting them there.

Kessler: Good afternoon, Mr. Pash. I would like these e-mail print outs reflecting communications between you and the Patriots marked for identification. Mr. Pash, do you recognize these documents?

Pash: <gulp!>

BradyFTW! said:

But it won't be that simple. Assuming Berman rules the way we hope he does, this won't be getting off on an fixable technicality. It will likely be an assertion from the court that Brady cannot be suspended based on the Wells Report, as "general awareness" is a standard that players can't be punished for. And furthermore that the punishment was issued under a policy that does not apply to players.

If Goodell tries to go all the way back and reissue punishment, the a federal court already decided in the Ray Rice case that he can't punish someone twice for the same 'crime', so that would get crushed in court too.

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Got it. Thanks for that clarification.

YOUGOTMOSSED said:

I don't think it's that simple. I'm pretty certain the NFL does NOT want to have Pash deposed and I think Berman is smart enough to know that, which is why he's hitting them there.

Kessler: Good afternoon, Mr. Pash. I would like these e-mail print outs reflecting communications between you and the Patriots marked for identification. Mr. Pash, do you recognize these documents?

Pash: <gulp!>

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It is not the emails between pash and the patriots that they want to ask him questions about. They already have those. They want to get and ask him about the emails between him and the others at NFL headquarters and Ted Wells's office.

Seacoast Fan said:

It is not the emails between pash and the patriots that they want to ask him questions about. They already have those. They want to get and ask him about the emails between him and the others at NFL headquarters and Ted Wells's office.

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I'm sure they want those as well. I think the entertainment value of having Pash try to explain why the instructed the Patriots not to correct an inaccurate report would be worth the price of admission.

Seacoast Fan said:

It is not the emails between pash and the patriots that they want to ask him questions about. They already have those. They want to get and ask him about the emails between him and the others at NFL headquarters and Ted Wells's office.

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There's a 0.0000% chance that any incriminating emails actually still exist.

Seacoast Fan said:

It is not the emails between pash and the patriots that they want to ask him questions about. They already have those. They want to get and ask him about the emails between him and the others at NFL headquarters and Ted Wells's office.

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Those emails were released by the Patriots though. So while they are public, they aren't part of the evidence in front of Judge Berman.

PrairiePat said:

There's a 0.0000% chance that any incriminating emails actually still exist.

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you aren't accusing the NFL of destroying those emails are you?

Hoodie said:

you aren't accusing the NFL of destroying those emails are you?

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Dont worry....Hillary has them