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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.I'm going to put on my Debbie Downer hat again...
Say Berman rules in favor of Brady and vacates the award.
What stops Roger-as-commissioner from re-imposing the same punishment, another appeal happening (this time making sure to hit all the procedural checkboxes, such as having Pash testify) with either Goodell-as-arbitrator or some hand-picked crony acting as arbitrator, and the arbitrator magically happening to uphold the commissioner's punishment?
It's actually worse than THAT, PM. A better analogy would be if someone was found guilty of murder, and then the Judge found out that the so called victim is alive and well, and the initial "crime" never occurred in the first place.
Unfortunately Berman cannot rule on the efficacy and science of whether the balls were deflated or not. He has to rule on whether the CBA was followed correctly, AND if the appeals procedure itself was conducted fairly. Clearly the latter is a no brainer, but what's more dumbfounding for me, is how that clown college of a league office, managed to violate their own CBA, which is so heavily biased in their favor, they should never have to violated it.
Now that brings me to this question. I'm reading now that "it's been reported" that Brady was willing to accept a one game suspension. Is that more of the NFL leaking BS so that Brady looks like he's guilty of SOMETHING, because he's willing to take a suspension. Or is it actually coming from the Brady camp in order to create some kind of impression that they are trying to comply with his orders to settle this?
Now the latter sounds like a ridiculous strategy. EVERY indication is that the NFL is going to lose this case, why would they want to look weak now. My biggest fear is that Brady will accept a small fine. I don't even want THAT. If he accepts anything, then the NFL will get away with the biggest smear job in their history......AND the Pats will lose those picks for a crime we all know didn't happen.
I'd hate it if he accepted even a $5 fine. Accepting the fine would be accepting the label of being a cheater forever. It would mean accepting the perception of something fishy MUST have been going on. More importantly it would mean NEVER getting those picks back. Never being able to expose the sting, the leaks, and all the other shoddy, nefarious, and malicious behavior by the NFL league offices these past 7 months.Yes it is a better analogy.
As far as the failure to cooperate fine? Sure, even that is bs up to this point. Since he was about as cooperative as can be, compared to say Favre who everyone likes to refer to. Which is also a farce since we all know Wells didn't want the phone where as Goodell demanded Favre's cell. Similar but vastly different.
Christ, if 50,000 will end it I'm sure Brady would of wrote the check the day after the Super Bowl. Not that he should, just to end this whole charade.
It looks like it's the first time someone in a position of authority, outside the NFL, has been able to review the case (and speak openly and I bet he will have some choice words when he makes his ruling...the NFL has seen nothing yet -- I hope).Can anyone really believe its taken all this time for one person to finally look at this sensibly and realise its all a load of rubbish and has been from the start? How can nobody at the NFL not realised how silly and unfounded it all is.
The main issue is the Steve Garvey case. Garvey appealed an arbitration decision and actually showed that there were clear, undeniable errors of fact that were considered in the arbitration decision. Garvey lost, though, because errors of fact were determined to be irrelevant to the court labor case, which was to focus on procedures.
It is a tough precedent.
but Kessler is doing great in showing that we are not discussing mere errors, but obviously biased intent to distort and deceive on the part of persons responsible for the arbitration. A fundamental lack of fairness.
ianal
The questions Berman is asking the NFL are the questions the media should have raised as soon as the Wells report was released. And we all saw what happened.
Not only is deflategate dumber than **** it's an indictment on sports media and by extension American culture.
And even lower still to become an executive in the NFL* league office. You just have to not have a soul or be a diehard JEST fan.The bar is obviously significantly lower to become a sports writer, so I don't think anyone should be surprised at how vast the difference between the two can be when they occasionally cross each others' paths.
Anyone citing the Garvey case at this point is either anti-Brady or is just repeating what they've heard and hasn't really looked at it.
"There has to be some basic process of fairness that needs to be followed"Yes! Yes! Yes! Yes! Yes!
Berman argued to Nash after the NFL explained why it failed to allow Brady to question certain witnesses, notably general counsel Jeff Pash, who also co-wrote the disputed Ted Wells report about deflated footballs.
When Nash tried to argue that Pash wasn't that involved and was more of an editor, Berman, like this was a cross-examination, pointed to an NFL press release that referred to Pash as "co-lead." Nash, stepped back from that lectern, again tried to minimize it as just a press release.
"Well," Berman said, "it's not my press release. You all wrote it."
That is the big one. The question is, of course: what is that "basic process of fairness" in Berman's mind? But, once that door has been opened, I can't see how the NFL* has a hope. Brady didn't have a chance to see and challenge the evidence presented against him, time and again.
Felger.
It's been his entire show the last two days.
It's his last refuge.
And I have to admire the league for their consistent hypocrisy. It never waivers, and consistency is a virtue. The league is trying to brush off refusing Brady's legal team to speak to Pash during the appeal, meanwhile they fined the team and docked a 1st for failure to cooperate, largely in part by denying a request to interview a part-time employee for a 5th time.
Keep it coming guys.
Lester Munson was on the Dan Lebatard show and sounded like a complete moron...said he's 100% sure there's no way Brady wins this. That all the judge us doing is because the nfl has the much stronger case is trying to urge them to settle. But what really made him sound stupid was saying he read the wells report and Goddells press release and they were both very well written and all he needed to know Brady was guilty. I wanted to scream. ...how can someone honestly read the wells report/Goddells press release and transcript of appeal and think it's well written etc. I just wanted to scream, moron!Brace yourself for the 2nd round of "Berman was just doing that to force a settlement because he knows he has to rule for the nfl"
Max Stendahl @MaxLaw360 3m3 minutes ago
Main argument from NFL's side remained that Goodell had authority to make findings and court should defer to him as the arbitrator.
Felger.
It's been his entire show the last two days.
It's his last refuge.
Heh he refused to entertain that Schefter's report was wrong. Spoke very matter of factly that "Brady offered a one game suspension. It's an admission of guilt. Take the deal Roger!". Hell, a Steelers fan called in and noted that there were conflicting reports and he just shot it down without consideration. He's been a crazed, frothing out the mouth, ****hole for months.That and i'm sure he'll cling to Schefter's now debunked "league source" report of Brady willing to take 1 game and spin it that it wasn't until after the hearing today that he changed his tune about that because there was a chance the hearing might not have went his way.