Mack Herron
Pro Bowl Player
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CLICK HERE to Register for a free account and login for a smoother ad-free experience. It's easy, and only takes a few moments.Since Kessler had won previously and was doing a good job everyone's monday morning quarterbacking. Oh yeah, and the NFL lied.Still, kessler could have said no and turned the case over to steffen johnson. No one forced kessler to do anything.
Also don yee could have spoken up.
That's a really good point, in my opinion. I didn't hear or see ANYONE calling for Kessler to be replaced prior to the March appeal.Since Kessler had won previously and was doing a good job everyone's monday morning quarterbacking. Oh yeah, and the NFL lied.
Since Kessler had won previously and was doing a good job everyone's monday morning quarterbacking. Oh yeah, and the NFL lied.
That's a really good point, in my opinion. I didn't hear or see ANYONE calling for Kessler to be replaced prior to the March appeal.
Then I missed it. Kudos to you both for your prescience, and I write that without sarcasm.74 and I went back and forth about hiring Johnson for the appeal well before it took place, and it was a long thread with many aware of that hiring.
I don't know who made the mistake, but I do tend to believe that Brady is too smart to think he is in a position to make the decision about the best attorney to argue before an Appellate Court.It was Dee Smith's call on Kessler. He blew it not Brady.
Then I missed it. Kudos to you both for your prescience, and I write that without sarcasm.
In stark contrast to Smerlas's picture from yesterday with Goodell. What a phony and hypocrite. Oh, I'm referring to both Goodell and Smerlas...
74 and I went back and forth about hiring Johnson for the appeal well before it took place, and it was a long thread with many aware of that hiring.
Thanks for remembering that. I recall multiple posts leading up to the Appeal Hearing in which I said that I assumed that Steffen Johnson (Winston & Strawn's lead Appellate Attorney) would argue the Appeal from the fact that his name was on the right hand side of the first page of the Brief and Kessler's on the left. I wrongly assumed that that meant that Johnson was in the first chair.
I also recall saying out here, after the Hearing and before we saw the full transcript of the disaster that unfolded when Kessler lost his cool, that I was stunned that Kessler had argued the Appeal.
In 20-20 hindsight, once they saw that Clement was in the first chair for they NFL, they should have brought Olson on right away, since Andrew Tulumello of Gibson Dunn had been party to every Brief filed by Brady and the NFLPA since the SDNY Appeal last spring.
My guess was and remains that one or more big egos trumped doing the right thing.
If Roger had his way, he'd go to the Supreme court if his appeal is overturned. I'm not sure the owners would go for that. I wouldn't be shocked if Roger was canned if the appeal is overturned.Agree completely. They still have a good shot at getting this overturned but now I believe either side will ask the Supremes to hear it.
I honestly just don't know whether the League will take this to the Supreme Court should they lose an (as yet not even granted or scheduled ) en banc Appeal.Agree completely. They still have a good shot at getting this overturned but now I believe either side will ask the Supremes to hear it.
I don't know who made the mistake, but I do tend to believe that Brady is too smart to think he is in a position to make the decision about the best attorney to argue before an Appellate Court.
None of us were in the room so none of us know, but I can visualize a scenario in which Kessler's ego pushed Smith by reminding him of successful CBA negotiations and that it was he (Kessler) who recommended that the players strike rather than accept Paragraph 46.
I don't get the impression that Smith is all that bright and I can see him deciding, "Sure, Kessler can hold his own under questioning by obnoxious Appellate Judges against a former Solicitor General who has fielded thousands of obnoxious questions from Appellate Judges and Supreme Court Justices."
Wouldn't that be a day to celebrate, a double win.If Roger had his way, he'd go to the Supreme court if his appeal is overturned. I'm not sure the owners would go for that. I wouldn't be shocked if Roger was canned if the appeal is overturned.
Well, since neither of us have any way of knowing what actually happened, your guess is as good as mine.You may be easily right. As I said in another thread Dee Smith is a fmr USDA who should know the ins and outs of this process. I think instinctually he put Johnson is as the bench coach for Kessler and potential council for the appeal but I think Kessler convinced Dee that the same argument for Berman would be ok for the appeal. I'm assuming Johnson went along and Smith was satisfied with the strategy.