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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.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...."
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.