You're right on your second part about looking for guilt, by the way. It's just super-unusual for a judge to do that in this situation. That's bad, bad news for the NFL, way worse than the sports media is letting on, and that's why your Stradleys, your Wallachs, your McCanns have gone from "50/50-ish" to "I'd be stunned if Brady loses".
UNLESS Berman bought what the NFL had to say, of course. That's always a possibility.
The CBA says what it says, and it was agreed to, and DeMaurice Smith needs to lose his job over it. The upshot is, going forward, Section 46 is going to have very little bite, unless Goodell really enjoys losing in court - because he could very well be looking at 0-5. He would be the Jacksonville of NFL Comissioners.