More settlement negotiations through the press (Newsday)

The phone was nothing but a distraction. A magic trick to have you look where the NFL wanted you to look.
They were never going to get the phone, the NFLPA doesn't want to make a precedent of players personal phone being demanded by the league.
The only thing TB did wrong with the phone was not destroying it in front of Goodell and then forcing him to eat the friggin thing!

I've seen it suggested more than once that the owners feel Brady should be punished because "they think he probably did something." This is unfair to the point of being offensive. It also reflects the reality of the Wells Report convicting Brady without any real evidence, purely based on tortured inferences and outright innuendo.

It's all been said before - Brady has been a model citizen, nothing but a credit to his profession and has contributed to the good of the game and the wealth of the very same owners who are treating him so shabbily.

In the end, this shows just how little regard the owners have for the players. To the Billionaire Boys Club, you're just meat on the hoof, a commodity that can be bought and sold, something that can be discarded at any time for any reason.

This is disgusting.

BelichickFan said:

If I were Brady the most I would accept would be :

2 game fine (not suspension)
No defamation suit against ESPN or NFL - or employees thereof
Agreement to respond "no comment" forever, no sit down interview denying all charges, etc.

That's the most I'd offer.

Click to expand...

For those disagreeing (not that I care about being disagreed with, just commenting), I'm not saying it's fair but this thread is about a settlement. A settlement of no suspension, 50K fine and an ESPN interview declaring innocence isn't going to happen. A settlement = you give something up.

BelichickFan said:

For those disagreeing (not that I care about being disagreed with, just commenting), I'm not saying it's fair but this thread is about a settlement. A settlement of no suspension, 50K fine and an ESPN interview declaring innocence isn't going to happen. A settlement = you give something up.

Click to expand...

$50k is something and, under the circumstances, pure charity.

I don't get the drama involving the phone, if I were Tom I would say something on those lines, even in front of the jury: "First, it's my personal phone, I do whatever I want whenever I want with it, as long as it's within the law. Is it illegal to destroy a personal device? No, so...

Second, the NFL doesn't have the power to check my personal phone, since when the NFL has become FBI?"

Talk about moving the goal posts, Kessler gave something (that statement) in order to look good with the Judge, but it shouldn't, they should have hit that out of the ball park months ago.

Maybe Brady should go totally nuclear martyr ...offer this..He will accept the 4 game suspension as long as the NFL admits to their conspiracy against Tom. Announce admittance with full apology on ALL the usual sports programs.
This may not help the Pats 2015 season but would go a long way in saving Tom's legacy.
Judge gets his settlement he so desperately needs and the NFL still gets to attempt to torpedoe NEPs 2015 season. Tom keeps his legacy clean...I think.

PatsFanSince74 said:

Also, I think (based on no information or knowledge) that Judge Berman's Clerk is probably writing his ruling this weekend and that Berman will be ready to rule from the bench on Monday, maybe after giving both sides a couple of hours to reach a Settlement.

Click to expand...

Multiple knowledgeable-sounding people say something like that, so I'm not really challenging it, but:

Is that generally how it works? If he's ready to rule on 8/31, he has it all written out in final form?

PatsFanSince74 said:

1) "2 game fine" for what? An admission of guilt for something he has sworn under oath he did not do or for "non-cooperation" with the investigation? The former is a non-starter since it brings perjury into play. Favre was fined $50,000 for a similar offense related to the latter (non-cooperation in the matter of handing over a cell phone), so that would be my starting point if I were going down that road. I'd cap it at the maximum player fine of $250,000 allowed by the CBA.

2) No defamation suit? I couldn't advise him on that because I don't know what his lawyers are telling him about their view on its likelihood of success. Without a ruling by Berman in his favor, it might be hard to succeed with such a suit, so that wouldn't be a big give away.

3) I wouldn't even put that on the table.

Click to expand...

The potential defamation suit is potentially a big deal here. Pash/NFL released incorrect information and refused to retract after the Patriots asked them to after advising them that their brand was being harmed (I'm 100% certain potential a defamation claim is what they had in mind when they worded the request like this). I suspect this is why the NFL is so insistent on an admission of wrongdoing as they are VERY exposed as of now. Some may say, "well Kraft is a wimp and will never sue the league" . . . I'm not so sure. At the very least, the NFL has to be concerned about the Patriots filing the mother of all defamation suits against them in a MA venue full of super pissed off Patriots fans.

Since Berman isn't really making factual determinations here, I don't think his ruling is really going to preclude a defamation action.

Fencer said:

Multiple knowledgeable-sounding people say something like that, so I'm not really challenging it, but:

Is that generally how it works? If he's ready to rule on 8/31, he has it all written out in final form?

Click to expand...

I once worked as a research clerk to a judge. Typically, I'd submit a memorandum of law suggesting how he should rule and why. It's formatted in a way that can easily be changed to a legal decision with some minor editing.

YOUGOTMOSSED said:

The potential defamation suit is potentially a big deal here. Pash/NFL released incorrect information and refused to retract after the Patriots asked them to after advising them that their brand was being harmed (I'm 100% certain potential a defamation claim is what they had in mind when they worded the request like this). I suspect this is why the NFL is so insistent on an admission of wrongdoing as they are VERY exposed as of now. Some may say, "well Kraft is a wimp and will never sue the league" . . . I'm not so sure. At the very least, the NFL has to be concerned about the Patriots filing the mother of all defamation suits against them in a MA venue full of super pissed off Patriots fans.

Since Berman isn't really making factual determinations here, I don't think his ruling is really going to preclude a defamation action.

Click to expand...

All of this has really exposed the real mantra of the NFL front office.

Guilty until proven Innocent

I have long suspected that back in February a bunch of suits at 345 Park Ave had a emergency board meeting after the Pats won the SB to discuss the whole deflategate issue.

They came to the conclusion that Brady and Kraft will succumb to the league and accept any punishment for the better of the league regardless of guilt or innocence.

Then Brady gets himself one of the best law firms in the country and numerous damaging articles come out about how corrupt the NFL is and how much BS the Wells report is.

Fast forward to today and I'll bet they are really regretting the outcome of that meeting back in February.

NJPatsfan26 said:

All of this has really exposed the real mantra of the NFL front office.

Guilty until proven Innocent

I have long suspected that back in February a bunch of suits at 245 Park Ave had a emergency board meeting after the Pats won the SB to discuss the whole deflategate issue.

They came to the conclusion that Brady and Kraft will succumb to the league and except any punishment for the better of the league regardless of guilt or innocence.

Then Brady gets himself one of the best law firms in the country and numerous damaging articles come out about how corrupt the NFL is and how much BS the Wells report is.

Fast forward to today and I'll bet they are really regretting the outcome of that meeting back in February.

Click to expand...

And here's the REALLY odd thing. Part of the reasons the owners were happy with Goodell was because he obtained major concession from the NFLPA

Ever since that time this egomaniac has been flaunting his "right" to take that to extreme levels, even fabricating evidence when need be with sham "investigations"

There's going to be a long strike before the NFLPA agrees to THAT again. So Roger, by abusing a power which could actually be GOOD in the hands of a comptent, non-corrupt commissioner, is now sure to be lost

I just can't figure out why the owners think Goodell's done a good job in the last few years from getting caught lying under oath about Ray Rice to fabricating a scandal against the best player in the game to show the NFLPA who the boss is

I think we need new owners if this is the guy they think has "unquestioned integrity"

JoeSixPat said:

And here's the REALLY odd thing. Part of the reasons the owners were happy with Goodell was because he obtained major concession from the NFLPA

Ever since that time this egomaniac has been flaunting his "right" to take that to extreme levels, even fabricating evidence when need be with sham "investigations"

There's going to be a long strike before the NFLPA agrees to THAT again. So Roger, by abusing a power which could actually be GOOD in the hands of a comptent, non-corrupt commissioner, is now sure to be lost

I just can't figure out why the owners think Goodell's done a good job in the last few years from getting caught lying under oath about Ray Rice to fabricating a scandal against the best player in the game to show the NFLPA who the boss is

I think we need new owners if this is the guy they think has "unquestioned integrity"

Click to expand...

Lord knows what these guys are really saying in private about Goodell but I can understand that they can't simply state in public, "oh man! We really screwed the pooch when we decided to hire this jackass!"

Brewskies said:

I have been saying that for a while. Brady destroying the phone and not saying anything about that until the big meeting and then implying he always does than when he doesn't gave them enough to change the subject.

Click to expand...

ARGH!!!!!!!! They said they didn't need or want the phone. In other words, Brady didn't know they'd ever want the phone. The phone was a non-issue until the NFL made it one. In addition, and despite Kessler's concession, it's a very bad precedent to give your private phone to your employer, especially when your employer is a bunch of corrupt bastards who said they didn't need or want the phone.

YOUGOTMOSSED said:

Lord knows what these guys are really saying in private about Goodell but I can understand that they can't simply state in public, "oh man! We really screwed the pooch when we decided to hire this jackass!"

Click to expand...

Ironically Kraft is the one who I think got him his job and helped save his job this time last year

So add "unloyal and ungrateful" to the mix as well

And come to think of it, maybe that's the reason Kraft had to accept the loss of the draft picks via the other owners

"Hey - you hired this clown Robert! He's incompetent AND a corrupt idiot!"

DarrylS said:

Waiting for Judges to "Judge" is a crapshoot, for both sides.. settlement is preferred for most litigants, however do not see Brady backing down unless it is a small fine and some sort of admission that he should have been more aware than he was of these equipment issues.

Monday might prove interesting..

Click to expand...

agreed but a settlement must be reasonable to both parties and the NFL is not being reasonable. I'll roll the dice. If he loses, it doesn't mean he's guilty, just that the process was correct even though it's been correctly pointed out that the process is anything but correct.

YOUGOTMOSSED said:

The potential defamation suit is potentially a big deal here. Pash/NFL released incorrect information and refused to retract after the Patriots asked them to after advising them that their brand was being harmed (I'm 100% certain potential a defamation claim is what they had in mind when they worded the request like this). I suspect this is why the NFL is so insistent on an admission of wrongdoing as they are VERY exposed as of now. Some may say, "well Kraft is a wimp and will never sue the league" . . . I'm not so sure. At the very least, the NFL has to be concerned about the Patriots filing the mother of all defamation suits against them in a MA venue full of super pissed off Patriots fans.

Since Berman isn't really making factual determinations here, I don't think his ruling is really going to preclude a defamation action.

Click to expand...

I don't think Kraft is willing or able to sue the NFL for defamation nor do I blame him for not doing so. However for Brady and more so for McNally and Jastremski a defamation suit is one that has real potential to expose the rat infestation and should be supported.

YOUGOTMOSSED said:

The potential defamation suit is potentially a big deal here. Pash/NFL released incorrect information and refused to retract after the Patriots asked them to after advising them that their brand was being harmed (I'm 100% certain potential a defamation claim is what they had in mind when they worded the request like this). I suspect this is why the NFL is so insistent on an admission of wrongdoing as they are VERY exposed as of now. Some may say, "well Kraft is a wimp and will never sue the league" . . . I'm not so sure. At the very least, the NFL has to be concerned about the Patriots filing the mother of all defamation suits against them in a MA venue full of super pissed off Patriots fans.

Since Berman isn't really making factual determinations here, I don't think his ruling is really going to preclude a defamation action.

Click to expand...

I actually think that Judge Berman could bolster the Defamation claim if he ends up Vacating for Notice and excoriates the NFL in the body of his Ruling. I suspect the NFL may be very worried about that.

YOUGOTMOSSED said:

The potential defamation suit is potentially a big deal here. Pash/NFL released incorrect information and refused to retract after the Patriots asked them to after advising them that their brand was being harmed (I'm 100% certain potential a defamation claim is what they had in mind when they worded the request like this). I suspect this is why the NFL is so insistent on an admission of wrongdoing as they are VERY exposed as of now. Some may say, "well Kraft is a wimp and will never sue the league" . . . I'm not so sure. At the very least, the NFL has to be concerned about the Patriots filing the mother of all defamation suits against them in a MA venue full of super pissed off Patriots fans.

Click to expand...

I am quite sure.
I see no prior NFL behavior by Bob Kraft that indicates in the slightest that he'd file suit.
(aside from the minor legal issue that the league charter prohibits it)

This is the guy who after several days of silence suddenly before the SB "demanded an apology" (so soon we forget) only to some time later after fulminating again suddenly accept meekly the largest league punishment sanction EVER only to again speak out just before training camp simply to avoid a few of us booing him.

Lots of words. No actions of substance unless you call a website as taking concerted action.

flasox27 said:

I don't think Kraft is willing or able to sue the NFL for defamation nor do I blame him for not doing so. However for Brady and more so for McNally and Jastremski a defamation suit is one that has real potential to expose the rat infestation and should be supported.

Click to expand...

Maybe not willing but why not able? I seriously doubt there's anything in his owner's agreement waiving his right to sue for intentional tort.

Even if he doesn't actually sue, the potential lawsuit can be an effective "sword of Damocles" giving him some leverage to make some positive changes in the league office.

JoeSixPat said:

Ironically Kraft is the one who I think got him his job and helped save his job this time last year

So add "unloyal and ungrateful" to the mix as well

And come to think of it, maybe that's the reason Kraft had to accept the loss of the draft picks via the other owners

"Hey - you hired this clown Robert! He's incompetent AND a corrupt idiot!"

Click to expand...

Actually RK did not originally want Goodell, he backed another guy (name escapes me) Once he saw the majority was behind Goodell he went along with it. He did back him in the Ray Rice fiasco and that was the chance to kick his ass out so RK's responsible for that.