2. The NFL argues that Tom Brady is being punished for misconduct far worse than “general awareness.”
In its brief filed Friday night, the NFL insists that in spite of the Wells Report finding that Brady was “generally aware” of an alleged ball deflation scheme, Goodell did not punish Brady for being generally aware. Instead, according to the NFL, Brady was punished for far worse misdeeds: Brady allegedly “approved of, consented to, and provided inducements in support of . . . a scheme to tamper with the game balls” and “willfully obstructed” the league’s Deflategate investigation.
Given Brady’s categorical denials while under oath to these accusations and the absence of tangible NFL evidence disproving Brady’s denials, it is hard to understand how Goodell reached these conclusions. This seems particularly true of the serious allegation that Brady “induced” John Jastremski and Jim McNally to tamper with game balls (this assumes, of course, the tampering even occurred, rather than, as some insist, any ball deflation merely reflected the Ideal Gas Law in action).
If Goodell’s accusation against Brady about an apparent bribe is untrue, it would be well within Brady’s rights to file a defamation lawsuit against the NFL. Even though Brady, as a public figure, would need to prove “actual malice” (this means proof the NFL intentionally or knowingly lied), Brady could cite as possible evidence Goodell seemingly misconstruing Brady’s description of conversations with Jastresmki. Brady’s testimony indicated that he had a wide-ranging conversation with Jastremski, rather than, as Goodell portrayed in his order upholding Brady’s suspension, a far more limited (and suspicious) conversation about game ball preparation.
