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MIT Professor John Leonard at Michael McCann's framegate class on PSI


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I have yet to hear any rational legal explanation for the Patriots not allowing additional interviews. None of the explanations the Patriots gave in press releases made any sense.

The Patriots claimed that Wells interviewed the equipment managers enough, and that it would be inconvenient to the equipment managers to be re-interviewed. But legally, neither reason makes any sense. The Patriots lawyers are supposed to be representing the Patriots as a corporate legal entity. The convenience of particular Patriots employees is not something the lawyers should - or even ethically can - consider. The Patriots lawyers must only consider one client: the Patriots corporation. That corporation is a legal entity distinct from any employee. So they have no reason to be concerned about some equipment manager's wasted time.

And the argument that the interview is unnecessary is likewise absurd. All the interviews were unnecessary. As soon as the facts about the gas law and the lack of accurate records became clear, the investigation should have ended. The Patriots knew at that point the investigation was just a way for Well's firm to increase billings (and help a client), and for the NFL to save face. So arguing mid-process that the whole thing is sham doesn't make sense: yes, it's a sham, but that is no reason not to play along.

And, knowing that Wells makes money from billing, why would they antagonize him by denying him more billing? Figuring Wells has four attorneys there plus likely paralegals, and the interview would have to be notated and analyzed, that decision likely cost Wells firm $50K in billings, maybe more if more interviews would be needed.

Of all the odd legal decisions by the Patriots attorneys, not allowing more interviews was the strangest.

The conclusion was in the bag already. It meant nothing at that point. Patriots figured it out and denied them the opportunity to beat false confessions out of them. Even if you are innocent, don't talk to the police without a lawyer.
 
I have yet to hear any rational legal explanation for the Patriots not allowing additional interviews. None of the explanations the Patriots gave in press releases made any sense.

The NFL and Patriots agreed to 1 interview per person. IIRC the eq guys were interviewed 5 times, finally the Patriots said enough is enough.
 
I have yet to hear any rational legal explanation for the Patriots not allowing additional interviews. None of the explanations the Patriots gave in press releases made any sense.

The Patriots claimed that Wells interviewed the equipment managers enough, and that it would be inconvenient to the equipment managers to be re-interviewed. But legally, neither reason makes any sense. The Patriots lawyers are supposed to be representing the Patriots as a corporate legal entity. The convenience of particular Patriots employees is not something the lawyers should - or even ethically can - consider. The Patriots lawyers must only consider one client: the Patriots corporation. That corporation is a legal entity distinct from any employee. So they have no reason to be concerned about some equipment manager's wasted time.

I have yet to hear any explanation for why the Patriots attorneys felt that allowing more interviews would have hurt the corporate entity called the Patriots.

And the argument that the interview is unnecessary is likewise absurd. All the interviews were unnecessary. As soon as the facts about the gas law and the lack of accurate records became clear, the investigation should have ended. The Patriots knew at that point the investigation was just a way for Well's firm to increase billings (and help a client), and for the NFL to save face. So arguing mid-process that the whole thing is a sham doesn't make sense: yes, it's a sham, but that is no reason not to play along.

And, knowing that Wells makes money from billing, why would they antagonize him by denying him more billing? Figuring Wells has four attorneys there plus likely paralegals, and the interview would have to be notated and analyzed, that decision likely cost Wells firm $50K in billings, maybe more if more interviews would be needed.
So stand your question on its head and ask, what is the legal foundation for requesting unlimited access to those employees? The league can interview them, not take over their lives with constant repeated interviews.

Where does it end? Can the NFL start using tag teams to interview them around then clock? Move in with them to interview them anytime they want?
 
I have yet to hear any rational legal explanation for the Patriots not allowing additional interviews. None of the explanations the Patriots gave in press releases made any sense.

The Patriots claimed that Wells interviewed the equipment managers enough, and that it would be inconvenient to the equipment managers to be re-interviewed. But legally, neither reason makes any sense. The Patriots lawyers are supposed to be representing the Patriots as a corporate legal entity. The convenience of particular Patriots employees is not something the lawyers should - or even ethically can - consider. The Patriots lawyers must only consider one client: the Patriots corporation. That corporation is a legal entity distinct from any employee. So they have no reason to be concerned about some equipment manager's wasted time.

I have yet to hear any explanation for why the Patriots attorneys felt that allowing more interviews would have hurt the corporate entity called the Patriots.

And the argument that the interview is unnecessary is likewise absurd. All the interviews were unnecessary. As soon as the facts about the gas law and the lack of accurate records became clear, the investigation should have ended. The Patriots knew at that point the investigation was just a way for Well's firm to increase billings (and help a client), and for the NFL to save face. So arguing mid-process that the whole thing is a sham doesn't make sense: yes, it's a sham, but that is no reason not to play along.

And, knowing that Wells makes money from billing, why would they antagonize him by denying him more billing? Figuring Wells has four attorneys there plus likely paralegals, and the interview would have to be notated and analyzed, that decision likely cost Wells firm $50K in billings, maybe more if more interviews would be needed.

There is no rational legal explanation needed. Last I checked the NFL front office is not a court of law. If it was, I'm pretty sure Russia would own NE already.

Wells bank account is of no import to the Patriots, and if anything, Kraft has a good reason to keep billable hours on a frame job down as he will be footing the bill with the other owners.
 
This entire thing is completely insane and will impact the Pats for the next five years.
That is why I wish this would go away permanently because its sickening and there is zero chance we change anyones mind.

Also, this was not about air OR the NFL power. It was about weakening the Pats because they beat on everyone every week every year. If it was about NFL power those picks would have been returned.
 
Occam's Razor: The simplest explanation is often the correct one, and the simplest explanation is this:

1) Patriots set their balls as low as legally allowed

2) The referee's pregame check did what every single other referee would do (prior to this debacle): He gave the balls a nice squeeze, maybe measured a couple at most, but really blew it off because nobody gave a damn about inflation levels.

3) Sometimes a guy spending 90 seconds in the bathroom is, believe it or not, just a guy who had to take a whiz
 
I have yet to hear any explanation for why the Patriots attorneys felt that allowing more interviews would have hurt the corporate entity called the Patriots.

How many times should they have been interviewed? It was six different times between NFL Security and Wells' team. How many times? 10? 20? 50? McNally lives in New Hampshire. He should have to truck down to Foxboro an hour-and-a-half each way 10 times?

It's not McNally's fault, it's not Jastremski's fault, and it's not the Patriots fault that Ted Wells and his investigation team, along with NFL Security and their investigation team - are SO BAD at their jobs, that you have to keep interrupting these people's lives.

Even with a criminal charge, there's no attorney in the world that would get you that many bites at the apple.

That's the explanation. The NFL and Ted Wells were so bad at their jobs, that they expected the Patriots to do it for them.

The real kick about it is - it didn't matter if those people EVER interviewed with NFL Security or Wells' team. The outcome was already predetermined.

Beyond that "Letting Wells rack up the billable hours" cost Kraft money directly, along with the rest of the investigation. That's how it hurts the corporate entity.
 
I have yet to hear any rational legal explanation for the Patriots not allowing additional interviews. None of the explanations the Patriots gave in press releases made any sense.

The Patriots claimed that Wells interviewed the equipment managers enough, and that it would be inconvenient to the equipment managers to be re-interviewed. But legally, neither reason makes any sense. The Patriots lawyers are supposed to be representing the Patriots as a corporate legal entity. The convenience of particular Patriots employees is not something the lawyers should - or even ethically can - consider. The Patriots lawyers must only consider one client: the Patriots corporation. That corporation is a legal entity distinct from any employee. So they have no reason to be concerned about some equipment manager's wasted time.

I have yet to hear any explanation for why the Patriots attorneys felt that allowing more interviews would have hurt the corporate entity called the Patriots.

And the argument that the interview is unnecessary is likewise absurd. All the interviews were unnecessary. As soon as the facts about the gas law and the lack of accurate records became clear, the investigation should have ended. The Patriots knew at that point the investigation was just a way for Well's firm to increase billings (and help a client), and for the NFL to save face. So arguing mid-process that the whole thing is a sham doesn't make sense: yes, it's a sham, but that is no reason not to play along.

And, knowing that Wells makes money from billing, why would they antagonize him by denying him more billing? Figuring Wells has four attorneys there plus likely paralegals, and the interview would have to be notated and analyzed, that decision likely cost Wells firm $50K in billings, maybe more if more interviews would be needed.

You are aware police/investigators are investigating a crime. You are interviewed about this crime by the police and prosecuting investigators multiple times. 4 interviews occur. You then are informed through reliable sources that the police/investigators believe you are guilty and they are trying to make a case against you.
Given those facts, you are then asked to answer more questions in a fifth interview. Question: (a) Do you give the interview? or (b) Do you decline the interview?

Fyi, those who answer yes to (a) are also known as convicted defendant number 123ABC. Those who answer yes to (b) are those that may or may not end up being known as convicted defendant number 123ABC.
You shouldn't answer questions in the first place unless rules or law compel you. Those who believe "just answer questions, they will be fair" are absurdly naive on how the justice system work. But for absolute certainty you should never!, ever! cooperate when you are believed to be/defined by investigators as 'believed to be guilty or likely guilty'. You are one stupid SOB to continue to "cooperate" in any way as the cooperation is very likely to lead to you being convicted of the crime you are already suspected of, or a new crime they 'uncover' in the interviewing process. Once you are in their crosshairs, anything resembling 'fair process' is gone.
Unfortunately quite a lot of the general public get the knee jerk reaction of 'if you are innocent just answer questions all day lone. They will eventually shake your hand and leave you alone because you are innocent'. These knee jerk people don't have (at least yet) first hand experience with how the whole thing really works and get their frame of reference from CSI or Law&Order.
 
So stand your question on its head and ask, what is the legal foundation for requesting unlimited access to those employees? The league can interview them, not take over their lives with constant repeated interviews.

Where does it end? Can the NFL start using tag teams to interview them around then clock? Move in with them to interview them anytime they want?
Welles had 7 hours of interviews with these guys to investigate about a 2 hour period, all but 90 seconds would likely be on surveillance footage.

Not only would more interviews be harassment, nothing they had to say in those 7 hours was worth him putting into his report. The report was over 300 pages and had about 2 sentences from the equipment guys. If well expected them to flip, they certainly wouldn't be bullied into doing it. Since the "report" was designed to be an indictment with all the exculpatory evidence Brady hidden deep in the footnotes, their 7 hours of testimony was useless to him. So all he could do was harass them until the Lawyers said "enough", and then use that as "evidence" of wrong doing. It is all so cynical and mean.
 
I have yet to hear any rational legal explanation for the Patriots not allowing additional interviews. None of the explanations the Patriots gave in press releases made any sense.

The Patriots claimed that Wells interviewed the equipment managers enough, and that it would be inconvenient to the equipment managers to be re-interviewed. But legally, neither reason makes any sense. The Patriots lawyers are supposed to be representing the Patriots as a corporate legal entity. The convenience of particular Patriots employees is not something the lawyers should - or even ethically can - consider. The Patriots lawyers must only consider one client: the Patriots corporation. That corporation is a legal entity distinct from any employee. So they have no reason to be concerned about some equipment manager's wasted time.

I have yet to hear any explanation for why the Patriots attorneys felt that allowing more interviews would have hurt the corporate entity called the Patriots.

And the argument that the interview is unnecessary is likewise absurd. All the interviews were unnecessary. As soon as the facts about the gas law and the lack of accurate records became clear, the investigation should have ended. The Patriots knew at that point the investigation was just a way for Well's firm to increase billings (and help a client), and for the NFL to save face. So arguing mid-process that the whole thing is a sham doesn't make sense: yes, it's a sham, but that is no reason not to play along.

And, knowing that Wells makes money from billing, why would they antagonize him by denying him more billing? Figuring Wells has four attorneys there plus likely paralegals, and the interview would have to be notated and analyzed, that decision likely cost Wells firm $50K in billings, maybe more if more interviews would be needed.


Your post demonstrates a complete lack of understanding as to how this stuff works. Either that, or you're just a troll.
 
BTW- Mcann's class is a nice thing, and helps, no doubt. Especially if we help disseminate the story. However it is only will have a minimal effect. If we want to have the entire sordid story laid bare, it will have to come in court. The Appeal court has to rule on the narrow points of labor law and procedure. What occurred doesn't really matter. They truly are ruling on technicalities.

A defamation suit can expose the disgraceful actions of the NFL. The depositions, testimony, and the evidence that can only come in a court case; is the only way to truly get the story out and covered in a way that can change people's perceptions on a large scale

In the meantime, all attack needs to be answered. The Pats need sponsor a proactive PR campaign to spread the word. Get McCann, and this MIT prof out on the talk show circuit, and things like that. At the same time you are doing that, your PR campaign starts to ask "exactly WHY are the Patriots losing a 1st round draft pick" at every opportunity. Picket the draft, both in Chicago and at Park Ave. In other words, don't wait around for the next barrage from the NFL's propaganda proxies.

If we are truly going to lose those picks, at least we should let the country know the REAL reason they were taken. Show the public just how small and petty the people running the NFL really are.
 
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In the meantime, all attack needs to be answered. The Pats need sponsor a proactive PR campaign to spread the word. Get McCann, and this MIT prof out on the talk show circuit, and things like that. At the same time you are doing that, your PR campaign starts to ask "exactly WHY are the Patriots losing a 1st round draft pick" at every opportunity. Picket the draft, both in Chicago and at Park Ave. In other words, don't wait around for the next barrage from the NFL's propaganda proxies.

If we are truly going to lose those picks, at least we should let the country know the REAL reason they were taken. Show the public just how small and petty the people running the NFL really are.

But then Vichy Bob might not get invited to fancy parties that the Other 31 give. He couldn't bear that.
 
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I have yet to hear any rational legal explanation for the Patriots not allowing additional interviews. None of the explanations the Patriots gave in press releases made any sense.

The Patriots claimed that Wells interviewed the equipment managers enough, and that it would be inconvenient to the equipment managers to be re-interviewed. But legally, neither reason makes any sense. The Patriots lawyers are supposed to be representing the Patriots as a corporate legal entity. The convenience of particular Patriots employees is not something the lawyers should - or even ethically can - consider. The Patriots lawyers must only consider one client: the Patriots corporation. That corporation is a legal entity distinct from any employee. So they have no reason to be concerned about some equipment manager's wasted time.

I have yet to hear any explanation for why the Patriots attorneys felt that allowing more interviews would have hurt the corporate entity called the Patriots.

And the argument that the interview is unnecessary is likewise absurd. All the interviews were unnecessary. As soon as the facts about the gas law and the lack of accurate records became clear, the investigation should have ended. The Patriots knew at that point the investigation was just a way for Well's firm to increase billings (and help a client), and for the NFL to save face. So arguing mid-process that the whole thing is a sham doesn't make sense: yes, it's a sham, but that is no reason not to play along.

And, knowing that Wells makes money from billing, why would they antagonize him by denying him more billing? Figuring Wells has four attorneys there plus likely paralegals, and the interview would have to be notated and analyzed, that decision likely cost Wells firm $50K in billings, maybe more if more interviews would be needed.

I can only 'assume' that the Pats felt Wells was in the process of trying to pick flyshit from pepper and was sick of cooperating. How many times does it take a lawyer to interview someone to get the story he wants? In the end Wells and the League got what they wanted: A reason to screw over the Pats and Brady and the Pats unknowingly handed it to them.
 
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