Kessler questions league’s decision not to release PSI data

XLIX said:

That's my point. It shouldn't be the hired hand tweaking in a low key manner. It should be the highest levels of the Association tweaking the NFL in a very high key manner.
If there are data out there exonerating their member, they should want to make that known as loudly and widely as possible and as soon as possible.
The same statement was true of the original "Motion to Uphold" filing before Judge Berman, but that didn't stop him from attacking the illegitimacy of the actual evidence against Brady. Berman asked the NFL about their evidence against Brady and openly stated that he was "having trouble finding any."
Gimme a break. DeMaurice Smith is not going to "agitate an appeals judge" by demanding that evidence which potentially exonerates a union member gets released. If anything, an appeals judge watching SportsCenter will say "that's a good point...."

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the appeal is not about data or exonerating Brady on the facts. It's about whether Berman decided correctly in finding that the league had violated the cba. That is why the NFL has hired a former solicitor general to argue this as a landmark case of the rights of management under a collectively bargained agreement and why I hope the NFLPA isn't bringing a knife to a gunfight.
the fact that Berman chose to question the legitimacy of the underlying charges because pash and goodell pissed him off was nice for our side but unrelated, other than marginally, to his decision.
you're just flat out wrong about how an appeals judge might react to a party to a case using the media to what might constitute in his opinion attempting to influence the court. These people are accustomed to total deference, answer only to SCOTUS and don't take kindly to anyone getting in their face. A party to a case does so at their peril. That's why there is a whole class of lawyers who do only Appellate work.

PatsFanSince74 said:

the appeal is not about data or exonerating Brady on the facts. It's about whether Berman decided correctly in finding that the league had violated the cba.

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OK you obviously didn't read my post, so I will try again:

The original "Motion to Confirm" was not about data or exonerating Brady on facts. Nevertheless, Berman did a little probing into those matters and openly stated: "What is the evidence of a scheme or conspiracy that covers the Jan. 18 game? I'm having trouble finding it."

PatsFanSince74 said:

you're just flat out wrong about how an appeals judge might react to a party to a case using the media to what might constitute in his opinion attempting to influence the court. These people are accustomed to total deference, answer only to SCOTUS and don't take kindly to anyone getting in their face. A party to a case does so at their peril. That's why there is a whole class of lawyers who do only Appellate work.

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How in the world is DeMaurice Smith "getting in their face" by asking the NFL to release the PSI data in an entirely separate forum? No Appeals Judge is going to take offense if Smith advocates for his union member's innocence in some press conference somewhere.

BTW, do you even realize how much you contraduct yourself? On the one hand, you tell us the facts of the case don't matter.... but then you act like DeMaurice Smith asking the NFL to release the data will singlehandedly ruin Brady's chances in court.

Honest question.......are you two lawyers?

Just curious.....

XLIX said:

I don't understand why the union isn't making anything of this. They should be the ones calling for the release of the data.

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Brady was a never a union guy. They will do just enough to defend him but they're not going to go the extra mile because of his constant under market contracts.

danmateus said:

Brady was a never a union guy. They will do just enough to defend him but they're not going to go the extra mile because of his constant under market contracts.

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You are so unbelievably wrong on this. The Union is essentially fighting for its basic rights to exist in Goodell's dictatorship. They know the stakes go far beyond Brady and are going to do everything they can to make sure he it exonerated.

VectorPrime said:

You are so unbelievably wrong on this. The Union is essentially fighting for its basic rights to exist in Goodell's dictatorship. They know the stakes go far beyond Brady and are going to do everything they can to make sure he it exonerated.

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ok

danmateus said:

Brady was a never a union guy. They will do just enough to defend him but they're not going to go the extra mile because of his constant under market contracts.

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Tom Brady's name was first on the list of NFL players when the union filed their lawsuits or whatever 5 years ago when negotiating the CBA. He has always supported the union in any way asked of him.