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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.1. Per NFL constitution, team punishments are “final, conclusive and unappealable.”
As noted earlier, the Patriots are a franchise in a league and are contractually bound to follow the NFL’s constitution and other legal documents. If Kraft asks Goodell to reconsider the team’s punishment and Goodell doesn’t change it, the punishment will be final.
2. Per NFL Constitution, the NFL is authorized to punish Patriots as the league sees fit.
Article 8.13 of the NFL’s Constitution makes clear the league is not limited to levying a $25,000 fine on the Patriots. The NFL can fine teams and take away draft picks if a team violates rules that “affect the competitive aspects of the game.” There are no stated limitations on what types of draft picks, or how many draft picks, can be taken away from a team. The NFL has added grounds to punish the Patriots due to Vincent’s assertion that Patriots employees, including Brady, were uncooperative and “not fully candid.”
I think the only way the draft picks are restored is if Brady so thoroughly destroy NFL/Wells that they will have no recourse in the eyes of public opinion but to do so.So...are the draft picks unlikely to come back or do we hope a new commisner recides the punishment?
I think the only way the draft picks are restored is if Brady so thoroughly destroy NFL/Wells that they will have no recourse in the eyes of public opinion but to do so.
This sounds like bad news for us who wanted Kraft to go after goodell. Kraft could try to sue but the courts would say he was bound by the contract, and other the case. When these owners put this structure in place they didn't take into account a commissioner that could that could use the office like goodell has. To me he abuses his power.
This sounds like bad news for us who wanted Kraft to go after goodell. Kraft could try to sue but the courts would say he was bound by the contract, and other the case. When these owners put this structure in place they didn't take into account a commissioner that could that could use the office like goodell has. To me he abuses his power.
Actually, there might be another way. If Brady sues the NFL for $250M for defamation and is on the verge of winning, NFL might be induced to remove the team sanctions as part of a settlementWe've already lost the draft picks/fine reversal if we need the public opinion on our side.
2. Per NFL Constitution, the NFL is authorized to punish Patriots as the league sees fit.
Article 8.13 of the NFL’s Constitution makes clear the league is not limited to levying a $25,000 fine on the Patriots. The NFL can fine teams and take away draft picks if a team violates rules that “affect the competitive aspects of the game.” There are no stated limitations on what types of draft picks, or how many draft picks, can be taken away from a team. The NFL has added grounds to punish the Patriots due to Vincent’s assertion that Patriots employees, including Brady, were uncooperative and “not fully candid.”
Maybe what I put in bold will explain it better (and remember, this is McCann's interpretation, so it may be more nuanced than this). That does not read "if a team violates rules, or if the Commissioner just feels like making things up"
NFL could still prevail
In spite of the successful challenges to the commissioner’s authority discussed above, federal law still accords the NFL high deference in resolving player discipline disputes. The Federal Arbitration Act dictates that arbitration awards—as Goodell’s decision in Brady’s appeal would be—should only be vacated by courts in exceptional circumstances. This deference reflects the idea that if a player and league collectively bargain a dispute-resolution process, courts should let them sort out their disputes through that process. Still, Peterson and the NFLPA met this steep bar by showing that the NFL was inconsistent in applying its own rules.
From McCann's Friday article. It addresses my worst fear that Brady gets screwed over by Goodell. Hopefully whoever takes up the case uses the Peterson episode as precedent.
http://www.si.com/nfl/2015/05/15/tom-brady-roger-goodell-deflategate-suspension-appeal
How are you ever going to prove that they simply made things up, though? Goodell is simply going to claim that he hired an independent investigator with an impeccable reputation, who was experienced in handling NFL affairs. He's then going to claim that the independent investigation produced significant evidence, which Wells pointed out today via his conference call/presser.
From McCann's Friday article. It addresses my worst fear that Brady gets screwed over by Goodell. Hopefully whoever takes up the case uses the Peterson episode as precedent.
http://www.si.com/nfl/2015/05/15/tom-brady-roger-goodell-deflategate-suspension-appeal
If Brady pursues a legal action, he would likely be compelled to turn over his phone and other available data to the NFL.