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Alan Millstein: Brady's chances of en banc hearing dramatically improved with latest amicus filings


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the audio recordings? no, it looks like a general court order for all cases. i don't think there are any deflategate implications.


Depends upon how the justices view it, if they like the change and want the publicity they could like the idea of the high profile case to kick it off, if not they might decline the case.
 
It shouldn't be difficult to root for AP in his case vs. the NFL. It's not the NFL's job to punish players for what they do off the field. That should be the job of law enforcement, and even society as a whole. I sincerely doubt AP will ever get another endorsement deal. Millions of dollars lost is a significant punishment by most any measure.

While a player for the NFL, he is their representative. So, his beating his child looks bad for them, particularly if they don't condemn it. It's been this way since that Bengals' WR 15+ years ago.. It's standard as part of their contracts. What isn't standard is the punishment that can be dealt out. And that's where the issue is coming in..
 
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Over those four games, I'd expect the Pats to perform one game worse with Garoppolo than Brady. With Brady, I think they'd go either 4-0 or 3-1. With Garoppolo, either 3-1 or 2-2. That change in QBs obviously moves the needle in any game, but it only dramatically swings my expectations against Arizona. If Garoppolo is our QB week 1, I expect the Pats to lose.

The Cardinals are an elite team, but the Dolphins and Bills look awful. Neither game's a gimme just because division games never are, but I'd expect the Pats to win both of them regardless of who's the QB. And the Texans don't scare me at all either. Historically, it's a matchup that really works in the Pats' favor, and we're lucky to be playing them early in the season before injuries have take their toll and before Osweiler (who I don't think is very good anyway) gets too comfortable in that offense. The Pats have historically done a very good job of managing Watt, and they'll play McCourty over the top of Hopkins all game. Add in that Hopkins is the type of WR that our corners tend to hold up pretty well against, and I just don't feel very threatened by Houston in general. With Brady, I think we reliably win by 2+ TDs.

I don't know. The Patriots have no running game, and if JG is below-average (which he probably is), it's entirely possible that their offense gets completely swamped by either the Dolphins' or Bills' defenses. I could see the Pats losing those games 17-10, 16-13, that kind of thing.

If JG is their QB for the first four games, I'd be very concerned about a 1-3 start. Doesn't mean TB couldn't get them to 11-5 and another division title, but a 1-3 start wouldn't be good under any circumstances, especially with three of those games being at home.
 
I don't know. The Patriots have no running game, and if JG is below-average (which he probably is), it's entirely possible that their offense gets completely swamped by either the Dolphins' or Bills' defenses. I could see the Pats losing those games 17-10, 16-13, that kind of thing.

If JG is their QB for the first four games, I'd be very concerned about a 1-3 start. Doesn't mean TB couldn't get them to 11-5 and another division title, but a 1-3 start wouldn't be good under any circumstances, especially with three of those games being at home.


I think you are seriously underestimating the ability of Belichick to have the whole team ready for these games, Garrapolo isn't playing them by himself. And while,i share the concern, about their run game I think the Two TE offense will help it significantly. I expect 3-1 but I would be shocked at 1-3, They are simply too good overall and they have, the GOAT head coach.
 
I don't know. The Patriots have no running game, and if JG is below-average (which he probably is), it's entirely possible that their offense gets completely swamped by either the Dolphins' or Bills' defenses. I could see the Pats losing those games 17-10, 16-13, that kind of thing.

If JG is their QB for the first four games, I'd be very concerned about a 1-3 start. Doesn't mean TB couldn't get them to 11-5 and another division title, but a 1-3 start wouldn't be good under any circumstances, especially with three of those games being at home.
I disagree. I'd be positively stunned if they didn't go at the very least 2-2. I would fully expect 3-1 and would be only pleasantly surprised by 4-0. With all summer to prepare, there's no way, at least in my opinion, they lose 2 of 3 consecutive home games. I don't care if Donald Duck is our QB...
 
I disagree. I'd be positively stunned if they didn't go at the very least 2-2. I would fully expect 3-1 and would be only pleasantly surprised by 4-0. With all summer to prepare, there's no way, at least in my opinion, they lose 2 of 3 consecutive home games. I don't care if Donald Duck is our QB...

The dolphins and bills games are at home, so they should win those. Makes me wish we had a stronger running game as we can rely on him to carry the offense if brady sits out.
 
The dolphins and bills games are at home, so they should win those. Makes me wish we had a stronger running game as we can rely on him to carry the offense if brady sits out.
The 3 games after the opener at Arizona are all at home: Bills, Texans and Miami.
 
The 3 games after the opener at Arizona are all at home: Bills, Texans and Miami.

true, but the texans will be a lot tougher than buffalo and miami. i guess my point was that I agree in your assessment that they should go 2-2 in brady's abscence.
 
Daniel Wallach
@WALLACHLEGAL

If there's a #deflategate rehearing, it will be televised live, per new court rule taking effect August 15: twitter.com/bobloeb/status…
QUOTED ------ > Bob Loeb @BobLoeb
Audio of oral arguments coming to the 2d Circuit website!! pic.twitter.com/rj8MrTNv9A

Not sure how Wallach goes from posted audio recordings to live video. Didn't see anything specific in the 2CA rule that talked about streaming or the lead time to post. Couldn't it be days later?

That said, if they could go "Judge Judy" on these proceedings, it would be very enlightening.
 
I think it would be fair to say that the Patriots are being somewhat (insidiously) handicapped by having the question of who will be the starting quarterback hanging over them.

At least in that Garappolo really cant be traded until the matter is settled. Possibly showcasing Garappolo might bring the Patriots more in trade capital, but so might trading him (if that is even on Belichick's radar) before week 1 too.
I agree with your point about the additional penalty of not being able to trade Garoppolo however in the short term the first four teams will need to gameplan for 2 Quarterbacks. I'm not saying it's an advantage for the pats, obviously you would not want this uncertainty leading into the season but it goes both ways.
 
Technically yes, but realistically I think the judges know the significance of September in regards to this case, so I'll be surprised if they haven't granted or denied an en banc hearing by then.
Do federal judges really care about football wins and losses? I have no experience with this but I would think they are primarily concerned with labor law and getting the right decision on the books. Brady's game checks are secondary and can always be returned if it drags on that long.
 
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I can't wait we'll be able to hear Kessler **** the bed in audio form.
Olson will do all the talking. My guess is that there's a 50-50 chance that Kessler won't even be in the room.
 
I know Kessler won't be involved this time, I thought that the audio release was for the past appeal not the future one.
 
Olson will do all the talking. My guess is that there's a 50-50 chance that Kessler won't even be in the room.

Yep. Olson is the heavy artillery. Kessler needs to go back to the dugout.
 
I don't know. The Patriots have no running game, and if JG is below-average (which he probably is), it's entirely possible that their offense gets completely swamped by either the Dolphins' or Bills' defenses. I could see the Pats losing those games 17-10, 16-13, that kind of thing.

If JG is their QB for the first four games, I'd be very concerned about a 1-3 start. Doesn't mean TB couldn't get them to 11-5 and another division title, but a 1-3 start wouldn't be good under any circumstances, especially with three of those games being at home.

The head coaches job is to take the parts he has and device a road map to victory using those parts (and how they can be used against the opposition parts).
We saw with 09's Brady injury it can be done and BB is probably is as good as any in doing this.

Also remember: (not verbatim) Monday night blowout loss to KC spells end to Patriot dynasty.
This appalling start to the season was with Brady at the helm (not that he was at fault or entirely at fault). And this was in a season that the Patriots ended up doing what?? :)
The Patriots' defined: 2-2, 4-0, 3-1, 1-3 for Sept? OK, but what does November and December's record/play reveal about the Patriots abilities to win games?
 
Do federal judges really care about football wins and losses? I have no experience with this but I would think they are primarily concerned with labor law and getting the right decision on the books. Brady's game checks are secondary and can always be returned if it drags on that long.
You can't paint all federal judges with one brush to say "they are primarily concerned with..." Some will consider the timeframe and others won't. Judge Berman is an excellent example of a federal judge who *did* consider the time constraints in running his court. He clearly ran the whole hearing with the knowledge of when the suspension was scheduled to start and created a timetable whereby he issued his decision in the immediately days beforehand. Other judges certainly won't give a damn.
 
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