Brady appeal transcript is now public

[TommyD4207]

Michael McCann@McCannSportsLaw
Tom Brady's transcript may be just enough for him to beat NFL in court. My @SInow legal take: si.com/nfl/2015/08/04…

This has been a 50/50, 60/40 guy all along. Interesting.

See, "under oath" actually means something. At least in court.

 

[SVN]

Michael McCann@McCannSportsLaw
Tom Brady's transcript may be just enough for him to beat NFL in court. My @SInow legal take: si.com/nfl/2015/08/04…

The wild card

On August 12, the parties will meet with Judge Berman for a settlement conference. Judge Berman will attempt to ascertain if the parties can find a middle ground in their dispute. For instance, he will try to uncover whether Brady would be willing to accept a lesser punishment—perhaps a one-game suspension—even though his testimony exhibits a complete denial of any wrongdoing. Judge Berman will likely warn Brady and the NFLPA that if he issues a ruling on the merits, it will be based primarily on the lawfulness of the process used by the NFL to judge Brady. That analysis would be different from whether Brady actually partook in a ball deflation scheme. In other words, Judge Berman could have serious doubts that Brady “did it” and yet still rule for the NFL because he reasons that the NFL adequately applied Article 46 of the collective bargaining agreement. This may seem like a counterintuitive conclusion, but Judge Berman is not ruling on whether Brady is guilty of the underlying accusations but rather on how lawfully the NFL evaluated those accusations.



If the parties fail to reach a settlement on August 12, Judge Berman appears interested in trying for additional settlement talks on August 19. If the settlement talks fail, Judge Berman appears willing to issue a decision by September 4. Judge Berman’s decision would not be based on any new evidence or new testimony, but rather on the record used by Goodell in his appeal. This is the same record that was made public by the NFLPA on Tuesday. Judge Berman would either confirm Goodell’s decision to uphold Brady’s suspension or vacate it, which would lift Brady’s suspension. Brady would then be eligible to play in the Patriots’ season opener against the Pittsburgh Steelers on September 10. The “loser” of Judge Berman’s decision could appeal to the U.S. Court of Appeals for the Second Circuit but it could take months before the Second Circuit renders a decision.

 

[TommyD4207]

The wild card

The part you bolded is actually a stronger case than if the judge were deciding on the merits (PSI etc) of the case.

Everyone told Wells they didn't do it, and Brady said it under oath to Goodell. So Goodell, of course, finds that "not credible".

That's the sort of thing that doesn't fly in court. And it's hardly the strongest part of the NFLPA's case.

 

[obgod3]

Let me go find it, I'll edit it in in a bit.

Pages 264-272 in the report, Pages 70-72 on the pdf itself.

https://nbcprofootballtalk.files.wordpress.com/2015/08/ex-204-appeal-hearing-transcript-t-brady.pdf

The objection bit is hysterical, and totally damning in this respect.

Hey thanks for that.

 

[SVN]

Bart Hubbuch ‏@BartHubbuch 4h4 hours ago
@StephStradley @tyschalter So why did he decline to have McNally and Jastremski testify at the appeal, even when asked by the NFL?

Stephanie Stradley ‏@StephStradley 3h3 hours ago
@BartHubbuch Don't know. Hate speculating. Maybe transcript of their testimony? 4 hr limit for hearing is v+ short timeframe for lawyers too

Bart Hubbuch ‏@BartHubbuch 3h3 hours ago
@StephStradley Or maybe because he didn't want to be caught in a lie.
Stephanie Stradley ‏@StephStradley 3h3 hours ago
@BartHubbuch They aren't dead. They still exist. If it later comes out they say different, could be perjury.
Bart Hubbuch ‏@BartHubbuch 2h2 hours ago
@StephStradley Name the last person brought up on perjury charges from an arbitration hearing?

Stephanie Stradley ‏@StephStradley 2h2 hours ago
@BartHubbuch I don't know. I'm reading hearing now. Offering perjured testimony is a legal ethics violation. It's a big deal among lawyers.

This guy is terrible .Even this AM he was saying nfl should put more penalties on pats for leaking emails and stuff. And here he has already made up his mind again.

 

[obgod3]

I'm getting my hopes up again.
I've been hurt so many times already.

But this is my concern and it hasn't changed becuase of this release.

"but Judge Berman is not ruling on whether Brady is guilty of the underlying accusations but rather on how lawfully the NFL evaluated those accusations."

 

[raduray]

Let me go find it, I'll edit it in in a bit.

Pages 264-272 in the report, Pages 70-72 on the pdf itself.

https://nbcprofootballtalk.files.wordpress.com/2015/08/ex-204-appeal-hearing-transcript-t-brady.pdf

The objection bit is hysterical, and totally damning in this respect.

Here's a key snippet. Wells is the witness and is claiming client-attorney privileges when being asked about the participation of NFL att'y in the drafting of the Wells Report:

Q. I will ask it this way.
A. Okay.
Q. Did you consider the NFL to be your client
for purposes of the attorney-client privilege --
A. Yeah.
Q. -- with respect to the preparation of this investigative report?
A. Yes.
Q. Okay. That is fine.

 

[brap999]

The wild card

I'm Not a lawyer, but it would still seem to me that the Judge could see the appeal as a sham, stacked in the NFL's favor with no real fair chance for Brady and the outcome rigged/biased before it even started. And from whats coming out of the transcript today it seems like that is a possibility.

That could be enough to say that the NFL did not adequately apply Article 46 of the CBA

 

[SVN]

http://profootballtalk.nbcsports.com/2015/02/01/john-harbaugh-says-he-had-no-role-in-deflategate/

As a matter of fact, just to make sure I had all the facts, I called up Chuck Pagano and asked him, ‘Did anybody else in our organization tip you off about deflated footballs?’ and he said, ‘No way.'”

 

[raduray]

The part you bolded is actually a stronger case than if the judge were deciding on the merits (PSI etc) of the case.

Everyone told Wells they didn't do it, and Brady said it under oath to Goodell. So Goodell, of course, finds that "not credible".

That's the sort of thing that doesn't fly in court. And it's hardly the strongest part of the NFLPA's case.

When you come down, even Wells says the scientific data is inconclusive.

 

[Deus Irae]

But this is my concern and it hasn't changed becuase of this release.

"but Judge Berman is not ruling on whether Brady is guilty of the underlying accusations but rather on how lawfully the NFL evaluated those accusations."

This has been explained to you about a million times.

 

[SVN]

When you come down, even Wells says the scientific data is inconclusive.

NFL knows its science is weak. They try their best to annoy snyder and discredit him by asking random lawyer type questions so he is thrown of this game. All this is about text messages.

 

[ViperGTS]

I'm getting my hopes up again.
I've been hurt so many times already.

McCann is a lawyer and a very good one. If he thinks so, then it's probably true. He was on the 50/50 bandwagon just last week.

That transcript is damning. My god, I read it and I am floored. Incompetence, lying, corruption, deception and just about any other nefarious action you can think of.

Oh and the denial of science. That's the cream on top. Jesus.

 

[raduray]

NFL knows its science is weak. They try their best to annoy snyder and discredit him by asking random lawyer type questions so he is thrown of this game. All this is about text messages.

Yup, and requires a lot of questionable inference.

 

[SVN]

http://profootballtalk.nbcsports.com/2015/08/04/why-didnt-goodell-call-jastremski-and-mcnally/

 

[Patriot Missile]

I just want a neutral arbitrator to hear this case. Is that too much to ask?

 

[raduray]

Was this transcript an exhibit to the actual 15 page filing Berman requested? If so, anyone know where I can get the 15 page filing? I'd like to see how Kessler ties it all together.

 

[JJC]

"That's a nice antitrust exemption ya got there. Be a real shame if something happened to it."

Cue the Vercotti Brothers!

 

[Hoodie]

I've seen nothing good. Some hack names Mike Tanier says Brady makes BB seem forthcoming and Gronk sound smart.

So stay away. This is feed for the trolls.

Give it time. The first wave is always anti-Brady and anti-Pats. It takes a few days for Sally Jenkins, Dan Wetzel etc. to reset the perspective

 

[TommyD4207]

When you come down, even Wells says the scientific data is inconclusive.

Yeah, unfortunately it's not about that anymore.