Ian Gunn's Analysis of NFL's Deflategate Appellate Brief

Ian Gunn hasn't been getting as much attention as Wallach, Stradley, or McCann; but his twitter breakdown of the NFL's appeal brief has been a good line by line analysis. He references specific lines of the NFL brief more than other takes I've read and compares them back to Berman's ruling.

Ian Gunn's Analysis of NFL's Deflategate Appellate Brief (with images, tweets) · IanPGunn

It really astounds me how heavily the NFL relies on Article 46 and Goodell as arbitrator. They argue Brady had notice because he should have been aware Goodell can punished under Article 46. They argue Brady isn't entitled to cross examine Pash because Goodell says so under Article 46. They argue Brady isn't entitled to the investigative notes because they're attorney-client privilege of the "independent" investigation, which was independent because Goodell says so under Article 46. Goodell was not evidently partial because Goodell says so under Article 46. All these are presented as findings of fact because Goodell was arbitrator and he found them to be facts and presented as unreviewable by federal court.

I guess the owners just view article 46 as the "we can do whatever we want" section.

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