CBA has provision to protect players from turning over cell phones?

[RobertWeathers]

I still can't believe that the NFL was so stupid as to put Spygate in the memorandum to Brady. It opens up the entire thing again for examination, and provides the opportunity to better educate the public about what it really was, rather than what the public has been lead to believe it was. A fantastic opportunity, on a platter. They get to address it in press conferences and in court.

The Spygate reference was to the Pats and was not included in the letter to TB12.

I do, however think it had a role in determining the punishment for Brady.

 

[raduray]

Hopefully Kraft will have high powered attorneys too.

Is Kessler prevented from representing Kraft at the same time?

That would potentially present a conflict of interest. Brady only needs to show that he did not encourage or endorse cheating by the team employees. Kraft needs to show that there was no cheating by the team employees. See the difference?

 

[raduray]

I still can't believe that the NFL was so stupid as to put Spygate in the memorandum to Brady. It opens up the entire thing again for examination, and provides the opportunity to better educate the public about what it really was, rather than what the public has been lead to believe it was. A fantastic opportunity, on a platter. They get to address it in press conferences and in court.

The NFL letter to Brady does not mention Spygate. http://espn.go.com/nfl/story/_/id/12873455/troy-vincent-letter-tom-brady

 

[Patsfanin Philly]

That is absolutely the strategy. Discredit the whole operation as an unfair labor practice.

.

Throw in a claim of retaliation for being the lead plaintiff in the union lawsuit vs the league...That will get the Feds and NLRB involved......one more thing for the league to fight...

 

[RobertWeathers]

Throw in a claim of retaliation for being the lead plaintiff in the union lawsuit vs the league...That will get the Feds and NLRB involved......one more thing for the league to fight...

Exactly....

TB12 didn't pick Kessler b/c he wanted to knock a few games off his suspension...

This is something much,much bigger.

 

[Patsfanin Philly]

The NFL letter to Brady does not mention Spygate. http://espn.go.com/nfl/story/_/id/12873455/troy-vincent-letter-tom-brady

Vincent's letter does.
http://www.csnne.com/new-england-patriots/NFL-invokes-Spygate-in-explanation-of-Patriots-punishment

"Here, there are several factors that merit strong consideration in assessing discipline. The first is the club’s prior record. In 2007 the club and several individuals were sanctioned for videotaping signals of opposing defensive coaches in violation of the Constitution and Bylaws. Under the Integrity of the Game Policy, this prior violation of competitive rules was properly considered in determining the discipline in this case."

(Edit- the nitwit obviously didn't consider it when assessing punishment on serial tamperer Woody Johnson)

 

[raduray]

Vincent's letter does.
http://www.csnne.com/new-england-patriots/NFL-invokes-Spygate-in-explanation-of-Patriots-punishment

"Here, there are several factors that merit strong consideration in assessing discipline. The first is the club’s prior record. In 2007 the club and several individuals were sanctioned for videotaping signals of opposing defensive coaches in violation of the Constitution and Bylaws. Under the Integrity of the Game Policy, this prior violation of competitive rules was properly considered in determining the discipline in this case."

(Edit- the nitwit obviously didn't consider it when assessing punishment on serial tamperer Woody Johnson)

Vincent sent two letters. The one to Brady does not mention Spygate, and on the face of it, Spygate does not factor into Brady's sanction. The other one went to the Patriots, does mention Spygate and it factored into the magnitude of the sanction.

 

[DaBruinz]

I just did a search of the CBA for Cell Phone and Phone and came up with nothing that would protect players from turning over their phones.. The only thing mentioned is that player phone numbers had to be turned over to the management council and that the management council had to keep those numbers secret.

If anyone else can find something, That would be great.

 

[NashuaPats]

If Brady or Kraft files a defamation lawsuit, I really hope they request the cell phones from Goodell, Wells, and the minions. Not that they will get them, but just as an F U.

 

[Ross12]

I just did a search of the CBA for Cell Phone and Phone and came up with nothing that would protect players from turning over their phones.. The only thing mentioned is that player phone numbers had to be turned over to the management council and that the management council had to keep those numbers secret.

If anyone else can find something, That would be great.

I don't think it's necessary to find something protecting the players from turning in their phones, but rather to find something that grants the NFL power to demand their phones. The NFL does not have subpoena power; their request for your phone is the same as any other regular person asking for your phone. You're fully within your rights as an American citizen to tell them to f*** off, if you so choose.

 

[Ross12]

Perhaps the NFL got confused about what the Patriot Act is and assumed it meant that all Patriots had to submit their electronic records...

 

[DarrylS]

I would think that Goodell is scared shytless of discovery in any lawsuit.. as all of the information would have to be divulged, even the comments by Kensil on the sidelines to our equipment manager..

Coupled with the emails prior to the game, the subsequent leaks to Kravitz, King and Mort.. it might turn completely around and smack him in the face..

#12 has deep pockets and can easily fund his defense.. so I expect quite a bit of fury..

 

[fair catch fryar]

Oh they will.
My feeling is that Brady and Kessler stroll into the appeal with a scorched Earth gameplan, and by the time they are done, Goodell will be so afraid of what will happen in real court, that not only will Brady get his suspension overturned, but the league will denounce Wells and his report and apologize publicly to Brady.
I am confident that Brady and Kessler will not be telling Goodell they are taking the disciplinary ruling to court, but they are taking the personal conduct policy, the powers that Goodell thinks he has, the other disciplines he has handed out and the Anti-trust exemption to court.
If Brady and Kessler get their day in 'real court' Goodell will not survive as Commissioner.

As much sense as this makes and believe you are "dead on" with what Goodell "should" do, based on his actions so far, I feel like Goodell and company are going to pin this to their legacy and it won't bode well for them. I hope I'm wrong, but I feel like it is going to get nasty because of Goodell's ego and he is trying to save face for all of his screw-up's.

 

[fair catch fryar]

I would think that Goodell is scared shytless of discovery in any lawsuit.. as all of the information would have to be divulged, even the comments by Kensil on the sidelines to our equipment manager..

Coupled with the emails prior to the game, the subsequent leaks to Kravitz, King and Mort.. it might turn completely around and smack him in the face..

#12 has deep pockets and can easily fund his defense.. so I expect quite a bit of fury..

The media sharks will start circling around this aspect of it and once they smell blood, it will be too late for Roger Dodger.

 

[DarrylS]

The media sharks will start circling around this aspect of it and once they smell blood, it will be too late for Roger Dodger.

TMZ will pay big bucks to skewer this butthole..

 

[Ross12]

TMZ will pay big bucks to skewer this butthole..

Poor phrasing on that one, I think.

 

[Ring 6]

As much sense as this makes and believe you are "dead on" with what Goodell "should" do, based on his actions so far, I feel like Goodell and company are going to pin this to their legacy and it won't bode well for them. I hope I'm wrong, but I feel like it is going to get nasty because of Goodell's ego and he is trying to save face for all of his screw-up's.

I assume that Goodell is smart enough to realize that he will be personally eviscerated in court.
It will sting but to come out and admit that further review and inspection makes it unreasonable to accept the findings and conclusions of the Wells report, and that since penalties were based upon those now dubious conclusions, all punishment will be reversed, and the Patriots and Tom Brady have the apology of the NFL for the damage this may have done to their reputations.
He doesn't have to admit it was a bought investigation, or even throw Wells totally under the bus, he can just raise the burden, or say that he uncovered more information or found experts that blew up the science.

The alternative is career Hari-Kari.

 

[Patsfanin Philly]

I just did a search of the CBA for Cell Phone and Phone and came up with nothing that would protect players from turning over their phones.. The only thing mentioned is that player phone numbers had to be turned over to the management council and that the management council had to keep those numbers secret.

If anyone else can find something, That would be great.

I didn't find it either and it is the league stretching the "Conduct detrimental" to include it. Absent a written policy in the CBA, they will have a hard time defending asking, no demanding a personal cell phone and Brady exercising his right to privacy...

 

[Ring 6]

Hopefully Kraft will have high powered attorneys too.

Is Kessler prevented from representing Kraft at the same time?

I'm sure Kraft will.
I'm saying the NFLPA/Tom Brady hired Kessler so his job is to defend his client. Yes, it would be a conflict of interest for him to represent the union and an owner.

 

[lurker1965]

Hopefully he does not settle. During discovery the NFL can probe Brady's books and he can probe all 31 team's books to prove they'd profit from him being suspended.
Yes, the amount, say, the Jets income would increase if they become competitive is minor, but it exists. Perhaps the NFLPA would be curious. Even with a gag order, is not Brady a NFLPA big wig of some sort after Being the plaintiff in the strike suit of (was it 2011?)