AtomicDawg
Patriot of the Week
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Deflategate wasn't a crime (meaning, the police didn't come and arrest Tom Brady). It was a supposed rule violation that was handled internally by the NFL and Pats. Yes, employers and arbitrators should act in good faith (like not make up false charges) but according to the ruling of the Appellate Court, they can because of the extreme deference given to arbitrators (even if it's the same guy who levied the original punishment....because that's what the poorly written and bargained for CBA says).
I think the veteran has it spot on. They should never have overruled Judge Berman who tried to put an end to this silliness. They absolutely made a bad decision, and Berman was even of the opinion that there was no proof at all the balls were deflated by humans at the AFCCG. We are kidding ourselves if we don't believe that this is why Berman ruled as he did. You can find any legal justification you like for a position that coalesces in the mind, and this is how Berman came to his conclusion that the arbitrator did not follow protocol.
It is also why the judges who imagined there was overwhelming evidence overturned Berman.
We cannot kid ourselves here that the judges are not taking into account the question of culpability and proof. They are.
You're considered innocent until proven guilty if you are charged with a crime.
Deflategate wasn't a crime (meaning, the police didn't come and arrest Tom Brady). It was a supposed rule violation that was handled internally by the NFL and Pats. Yes, employers and arbitrators should act in good faith (like not make up false charges) but according to the ruling of the Appellate Court, they can because of the extreme deference given to arbitrators (even if it's the same guy who levied the original punishment....because that's what the poorly written and bargained for CBA says).
I agree. I think the NFLPA didn't expect the NFL to be complete lying DbagsYou're considered innocent until proven guilty if you are charged with a crime.
Deflategate wasn't a crime (meaning, the police didn't come and arrest Tom Brady). It was a supposed rule violation that was handled internally by the NFL and Pats. Yes, employers and arbitrators should act in good faith (like not make up false charges) but according to the ruling of the Appellate Court, they can because of the extreme deference given to arbitrators (even if it's the same guy who levied the original punishment....because that's what the poorly written and bargained for CBA says).
I wish Berman made Goodell say in plain English that he believes Brady deflated the balls by a third of a psi.Don't forget about science. Science and the Ideal Gas Law pretty much blow up any accusation made or evidence fabricated by Goodell and his goons.
But, that's not what Berman ruled on. This whole court case is about process. Was Brady given notice about deflated balls and destruction of the phone penalties? Was Brady allowed to talk to everyone they wanted to in the appeal hearing? Procedural stuff. Deflated balls has nothing to do with the ruling.
Now, the Appellate Court ruled that none of the stuff Berman ruled on mattered because of the extreme deference the court give arbitrators. If you have a ****ty arbitrator that moves the goalposts (like Goody did with Brady's phone destruction), too bad because that's what both sides agreed to in the CBA. Again, this is about process not about deflated footballs.
If this does go before the Supreme Court, I think they will bring up deflated footballs because they're argument will be, "Can your employer make stuff up about you and then punish you?" and can an arbitrator move the goalposts like I've explained.
You're considered innocent until proven guilty if you are charged with a crime.
Deflategate wasn't a crime (meaning, the police didn't come and arrest Tom Brady). It was a supposed rule violation that was handled internally by the NFL and Pats. Yes, employers and arbitrators should act in good faith (like not make up false charges) but according to the ruling of the Appellate Court, they can because of the extreme deference given to arbitrators (even if it's the same guy who levied the original punishment....because that's what the poorly written and bargained for CBA says).
But, that's not what Berman ruled on. This whole court case is about process. Was Brady given notice about deflated balls and destruction of the phone penalties? Was Brady allowed to talk to everyone they wanted to in the appeal hearing? Procedural stuff. Deflated balls has nothing to do with the ruling.
Now, the Appellate Court ruled that none of the stuff Berman ruled on mattered because of the extreme deference the court give arbitrators. If you have a ****ty arbitrator that moves the goalposts (like Goody did with Brady's phone destruction), too bad because that's what both sides agreed to in the CBA. Again, this is about process not about deflated footballs.
If this does go before the Supreme Court, I think they will bring up deflated footballs because they're argument will be, "Can your employer make stuff up about you and then punish you?" and can an arbitrator move the goalposts like I've explained.
I am a senior citizen, and live in a 55+ community, when I first came her 15 years ago there quite a few WWII vets, who I got to know and would listen to, when they felt like talking about their time in the military.. amazing stories.
Heard yesterday the last one, Earl, now 98 has been moved to a nursing home.. we are losing these men and if you have time visit one and if they feel like talking listen to their stories..
That's what makes this whole debacle so infuriating. He may not have been charged with an actual crime even though they treat it as such, but the whole premise is that they never had any actual proof, no proverbial smoking gun. T Brady was given false assurances by Ted Wells and they tried to crucify him over destroying his phone, which they never had any actual right to in the first place and then Goodell's whole charge is blown up by actual science and science experts in accordance to the Ideal Gas Law. It's like these guy's suspended the Law of Physics or the Law of Water is Wet so they could be right. Brady didn't do anything wrong.......ugh. Sorry, I know you know all of this and I need to step away from the ledge now. Kudos to this WW2 vet.You're considered innocent until proven guilty if you are charged with a crime.
Deflategate wasn't a crime (meaning, the police didn't come and arrest Tom Brady). It was a supposed rule violation that was handled internally by the NFL and Pats. Yes, employers and arbitrators should act in good faith (like not make up false charges) but according to the ruling of the Appellate Court, they can because of the extreme deference given to arbitrators (even if it's the same guy who levied the original punishment....because that's what the poorly written and bargained for CBA says).
I lived with one for years. We used to roll our eyes when we'd hear the same stories again and again over the years. I'd give just about anything to hear any one of those stories told again by that man.I am a senior citizen, and live in a 55+ community, when I first came her 15 years ago there quite a few WWII vets, who I got to know and would listen to, when they felt like talking about their time in the military.. amazing stories.
Heard yesterday the last one, Earl, now 98 has been moved to a nursing home.. we are losing these men and if you have time visit one and if they feel like talking listen to their stories..
I lived with one for years. We used to roll our eyes when we'd hear the same stories again and again over the years. I'd give just about anything to hear any one of those stories told again by that man.
I am a senior citizen, and live in a 55+ community, when I first came her 15 years ago there quite a few WWII vets, who I got to know and would listen to, when they felt like talking about their time in the military.. amazing stories.
Heard yesterday the last one, Earl, now 98 has been moved to a nursing home.. we are losing these men and if you have time visit one and if they feel like talking listen to their stories..