NFL files its opening brief in Deflategate appeal.

[ViperGTS]

Arbitration law says that courts must show deference to arbitrators; that's to prevent Arbitration from just being a prologue to lawsuits.

OTOH, it does not allow an arbitrator unlimited power, or the right to run roughshod over the notion of fairness.

That deference I assume has caused much strife in so many deals. Any and all arbitration decisions should be reviewed for accuracy, honesty and due process. Every one.

 

[YOUGOTMOSSED]

But they will eventually get embarrassed when the bring it to the SCOTUS and lose.

I'd be shocked if SCOTUS grants cert on this if the decision is affirmed.

 

[YOUGOTMOSSED]

Honestly, arguments like "the investigator does not have to be independent" probably helps Brady much more than it helps the NFL.

 

[PlainOldEd]

Idk why I read this stuff, it just makes me mad....

Please let the cards hold on here, it's gonna be a bad night if they blow this.

 

[XLIX]

I know this isn't anything new as others have mentioned what I am about to, but the two most prominent things that stand out to me about this are:

1) It really looks like the NFL is looking to have this case decided on the merits claiming that Brady is guilty.

2) I think it hilarious how they filed the original "Motion to Confirm" and now their whole basis is that the judge didn't have the authority to do what he did.

 

[Observer]

Just the shape of the gauge alone should be enough to put the case to bed for anyone with common sense.

 

[QuantumMechanic]

Just the shape of the gauge alone should be enough to put the case to bed for anyone with common sense.

Yeah, but that isn't and won't be part of the record the appeals court will be basing its decision on.

 

[smurfalarm]

Early on, I would accepted the judgment of an independent arbitrator. I can't figure out whether Goodell heard the case himself because he knew the case couldn't stand the scrutiny of an independent party, or if he's just a bully who just believes it's true all facts be damned.

My suspicion is that Kensil, Vincent, Goodell, Gardi, Pash, and the rest of the top executives at the NFL league office viewed this as an open and shut case from the beginning and were more concerned with generating a satisfying PR resolution in the face of media and fan bloodlust, owner demands, internal grudges against the Patriots, and Goodell's ego. As soon as Kensil and Vincent saw the first ball that the Colts measured was beneath 12.5 PSI, because nobody in the league office understood the ideal gas law and they were already suspicious and resentful toward the Patriots, the entire aftermath with Wells and Pash and Vincent was a long exercise in confirmation bias and cognitive dissonance. Because the league office knew the Patriots had done it, Brady and Belichick maintaining innocence just embarrassed and infuriated them and they felt they needed to crack down. The misleading and falsified media leaks, the harassment of Patriots' employees to try to get them to flip, the one-sided advocacy piece that came out of the "independent" Wells investigation, the absurdly harsh punishment that exceeded allowances from player policies... these were the acts of people who were willing to circumvent due process and come up with any means possible to negotiate an admission of guilt from Brady in order to avoid being shown up by a player in a disciplinary decision yet again. Because they had already predetermined the outcome, the existence of a plausible explanation of weather effects being responsible for depressurization of the footballs only infuriated them because it gave Brady an excuse to maintain innocence rather than giving them pause about continuing the witch hint.

And I am pretty confident that this is the context for why Goodell arranged to hear the decision: if this had just gone to a neutral arbitrator, Goodell would have suffered the risk of losing his PR edge by his discipline being reduced or overturned without also getting the admission of guilt from Brady as part of the bargaining process. Goodell felt he needed maximum negotiating power to get Brady to fold and negotiate an admission of guilt in exchange for a reduction of suspension, and he was more concerned with using the arbitration powers as a bargaining chip to get that admission of guilt than with following through with due process by providing Brady with an independent arbitrator. It was just the next logical step after hiring an "independent" investigator to advocate against Brady and leaking fake information to make Brady look guilty to the public and creating an overly harsh initial punishment to create a strong negotiation position. It's not necessarily just that Goodell didn't trust a neutral arbitrator to uphold his ruling, though I imagine that was part of it. Rather, the primary issue is that Goodell has been far more interested in showing off his sheriff's badge and getting the good PR of cracking down on a cheater and getting him to admit to guilt than he has been interested in determining whether or not any cheating happened in the first place and what a fair punishment would be if cheating had occurred.

 

[raduray]

Are they opening up re-litigating the facts? That can't go well for the NFL.

 

[rochrist]

I wanted to limit the number of threads I post on a daily basis, but this seemed like an important topic to bring up, and wasn't something that I felt could be overlooked or waited upon.

Hill vs. Staten Island Zoological Society. That one must have been a humdinger.

 

[rochrist]

But they will eventually get embarrassed when the bring it to the SCOTUS and lose.

Assuming it's upheld in 2d Circuit, I seriously doubt SCOTUS would be interested in taking it up.

 

[raduray]

" Although he professed ignorance, Goodell's preference for lying had been a matter of public knowledge for years.

Although he professes transparency, Goodell's preference for dodging the media has been a matter of public knowledge for years.

 

[rochrist]

Can whoever hears the appeal also subpoena all halftime PSI measurements taken during cold weather games this year?

That will probably be the only way those measurements -- which will exonerate Brady -- see the light of day. It would also be hilarious if this dumb appeal blew up in the NFL's face.

Why would you expect the NFL to do honest measurements. There are all sorts of ways to game it so that the measurements come out the way they want.

 

[raduray]

I believe he has till Dec. 7 to respond. I just pray the higher court upholds Bermans ruling.

That will be a day of infamy for the NFL.

 

[ctpatsfan77]

As an astute PFT commenter (some of them exist) notes, here's some more wonderful logic for you.

NFL: "Courts have no role to play in this."

Yeah? Then why were you so eager to rush to court to get him to uphold your ruling, you stupid dips—t?

[Steph Stradley wondered the same thing, in more polite terms.]

 

[adam941]

My suspicion is that Kensil, Vincent, Goodell, Gardi, Pash, and the rest of the top executives at the NFL league office viewed this as an open and shut case from the beginning and were more concerned with generating a satisfying PR resolution in the face of media and fan bloodlust, owner demands, internal grudges against the Patriots, and Goodell's ego. As soon as Kensil and Vincent saw the first ball that the Colts measured was beneath 12.5 PSI, because nobody in the league office understood the ideal gas law and they were already suspicious and resentful toward the Patriots, the entire aftermath with Wells and Pash and Vincent was a long exercise in confirmation bias and cognitive dissonance. Because the league office knew the Patriots had done it, Brady and Belichick maintaining innocence just embarrassed and infuriated them and they felt they needed to crack down. The misleading and falsified media leaks, the harassment of Patriots' employees to try to get them to flip, the one-sided advocacy piece that came out of the "independent" Wells investigation, the absurdly harsh punishment that exceeded allowances from player policies... these were the acts of people who were willing to circumvent due process and come up with any means possible to negotiate an admission of guilt from Brady in order to avoid being shown up by a player in a disciplinary decision yet again. Because they had already predetermined the outcome, the existence of a plausible explanation of weather effects being responsible for depressurization of the footballs only infuriated them because it gave Brady an excuse to maintain innocence rather than giving them pause about continuing the witch hint.

And I am pretty confident that this is the context for why Goodell arranged to hear the decision: if this had just gone to a neutral arbitrator, Goodell would have suffered the risk of losing his PR edge by his discipline being reduced or overturned without also getting the admission of guilt from Brady as part of the bargaining process. Goodell felt he needed maximum negotiating power to get Brady to fold and negotiate an admission of guilt in exchange for a reduction of suspension, and he was more concerned with using the arbitration powers as a bargaining chip to get that admission of guilt than with following through with due process by providing Brady with an independent arbitrator. It was just the next logical step after hiring an "independent" investigator to advocate against Brady and leaking fake information to make Brady look guilty to the public and creating an overly harsh initial punishment to create a strong negotiation position. It's not necessarily just that Goodell didn't trust a neutral arbitrator to uphold his ruling, though I imagine that was part of it. Rather, the primary issue is that Goodell has been far more interested in showing off his sheriff's badge and getting the good PR of cracking down on a cheater and getting him to admit to guilt than he has been interested in determining whether or not any cheating happened in the first place and what a fair punishment would be if cheating had occurred.

I've had similar thoughts but what I couldn't understand, if the above is accurate, wouldn't you offer a 2 game suspension in exchange for admission? That way you still have punishment but more important you have Brady on record as a cheater. But they kept offering only to reconsider or negotiate the punishment only if Brady first copped to it. That just sounds more like they were extremely stubborn and not thinking this out.

 

[PlainOldEd]

Why would you expect the NFL to do honest measurements. There are all sorts of ways to game it so that the measurements come out the way they want.

Exactly. The procedure calls for the balls to be removed from and not retuned to the game. What's to stop them from delaying the measurements by a 1/2 hour while the balls sit in a toasty locker room? I don't believe there was any requirements around the recording of the time the measurements were taken....

 

[DarrylS]

Given the opportunity to do a season long study on the effects of games and environment on properly inflated footballs, the NFL chose to randomly test footballs and will keep those results confidential..

They are so intent on proving that Brady did something wrong they have completely lost any scintilla of common sense..

Never understood why they did not speak with the former backup quarterbacks of the NFL who went to the Pats finishing school.. Mallett, Cassell, Hoyer and the rest who might provide some insight here.. instead they take the Tomase approach and try to make their "narrative" fit the conclusion.

Meanwhile back at the insane asylum, Greg Hardy goes off on the Dallas ST coach gets into a shouting match with Bryant, and Jerruh has said everyone kissed and made up.. give me a f...ing break.

 

[RelocatedPatFan]

2) I think it hilarious how they filed the original "Motion to Confirm" and now their whole basis is that the judge didn't have the authority to do what he did.

I don't think Goodell believes the court has a binary (or more) choice in this matter.

 

[smurfalarm]

I've had similar thoughts but what I couldn't understand, if the above is accurate, wouldn't you offer a 2 game suspension in exchange for admission? That way you still have punishment but more important you have Brady on record as a cheater. But they kept offering only to reconsider or negotiate the punishment only if Brady first copped to it. That just sounds more like they were extremely stubborn and not thinking this out.

A fair point. And the subsequent refusal to negotiate in good faith in the face of a federal judge broadcasting a ruling to overturn their discipline, and then doubling down and hiring one of the five most prominent lawyers in the country to argue a likely losing case in the appeal, seems incredibly irrational to me. Maybe at some point the NFL choose to stop negotiating in good faith because they desperately wanted to avoid a precedent of players using the threat of lawsuit to negotiate every discipline decision and did not want to be seen as rewarding Brady for suing the NFL, and they got ****y about their chances in court. Or maybe they wanted to look tough and not back down even though they knew the decision wasn't going to go their way. The whole thing seems crazy.