Patriots have filed an amicus brief in support of Brady/NFLPA.

[Deus Irae]

...I also think that Kraft would be the last person to try to justify what he did....

???

Attempting to justify what he did is exactly the approach he took.

 

[RayClay]

Kraft can't "join the legal action" since he is one of the 32 Owners that comprise the NFL.

I think the brief means that he knows he blew it in San Francisco by trusting the League (as he has said before) and that he knows he has alienated many fans whose loyalties are now primarily to Brady and Belichick rather than to his Franchise.

FWIW, it's my personal opinion, without any basis in fact, that Kraft is sincerely regretful for what he did and for how this has turned out.

I also think that Kraft would be the last person to try to justify what he did. He knows he made a mistake and he knows he can't fix it.

Agree, except to the point of what his "mistake" was. Was it being one of the owners who voted for Goodell, or not going through a pointless "appeal" process with the same commissioner who just gave him the punishment, then talked to him at the team meeting, or finding some basis to sue with no grounds and an agreement with the league that he wouldn't sue?

 

[Ring 6]

He kind of did, if this filing had any legal weight, which i don't think it does.

The point was he jumped into the fray which he did. Whether it carries any meaning or weight is a different topic.

 

[Galeb]

Agree, except to the point of what his "mistake" was. Was it being one of the owners who voted for Goodell, or not going through a pointless "appeal" process with the same commissioner who just gave him the punishment, then talked to him at the team meeting, or finding some basis to sue with no grounds and an agreement with the league that he wouldn't sue?

These are things that I think Kraft considers mistakes.

1. The speech he made after landing in Arizona harshly criticizing the league and demanding an apology.
2. Trusting the NFL front office and believing the investigation would be a fair one.
3. Not appealing the penalty.
4. Underestimating the vindictiveness of the other owners.

I'm not sure if he regrets not participating in the original court case or the appeal. I suspect things came to a head at the last owners meeting, which ultimately led to filing the brief. Years from now, we'll probably know a lot more about what went on behind the scenes.

 

[Tony2046]

I'm just guessing here and did say "hopefully" they'd read them but that I wouldn't "bet" on it.

I think that the people who might read this material will be inclined to look at Kraft's motivations for putting it out and choose to ignore or heavily discount it if they read it. And, they all, from the Judges themselves to their ambitious, Ivy League-credentialed clerks, will think that they're a lot smarter than Stradley or media twitterers (emphasis on "think" in the case of Stradley).

The only things weighing heavily in Brady's favor here are Katzmann's strongly expressed views in his Dissent and the presence of Olson, who is an elephant in the room that they can't ignore. If the case still had anything to do with "what actually happened," the Amicus Brief by the group of Physicists would be helpful.

Thanks. Would it be far fetched to think that Katzmann could read the amicus briefs produced by both the Patriots and the Physicists, check the facts (e.g, such as the NFL's misleading appeal statements) and bring it to the attention of the other judges?

 

[Ring 6]

Agree, except to the point of what his "mistake" was. Was it being one of the owners who voted for Goodell, or not going through a pointless "appeal" process with the same commissioner who just gave him the punishment, then talked to him at the team meeting, or finding some basis to sue with no grounds and an agreement with the league that he wouldn't sue?

Had Kraft appealed and your guess of how it would have gone been correct there would be further evidence of goodells ignorance of the facts.
Once again, what did he have to lose by appealing.

 

[Ring 6]

This comes as news to me. Can you point me to evidence for it, please?

It's all over the place. I'm sure you can google it. It was heavily discussed in this board. Brady asked Kraft to testify. He said no because he was in Israel with former players returning the day of the appeal. They then asked him to testify by phone and he again refused and wrote a letter to goodell.

 

[Froob]

I wish he called Bill to testify. It'd be TV worthy for sure. Hell get Gronk and Edelman on the stands too.

 

[Rob0729]

Has it ever happened that someone from the plantiff's side filed an amicus brief in support of the defendant?

 

[Mike the Brit]

It's all over the place. I'm sure you can google it. It was heavily discussed in this board. Brady asked Kraft to testify. He said no because he was in Israel with former players returning the day of the appeal. They then asked him to testify by phone and he again refused and wrote a letter to goodell.

So you are interpreting the fact that Mr Kraft was in Israel at the time of the appeal as a refusal on his part to testify on behalf of Tom Brady, his sending a letter of support notwithstanding?

 

[Mack Herron]

Nice that the Patriots filed the brief defending Brady. The judges are not obligated to read it much less consider it, and if they did there is only one precedent cited. In legal terms, this is a trivial document. But that is not the same as saying it will have no effect. The indirect effects are potentially many and difficult to fully predict. These same reasons should have supported an appeal of the NFL penalties. Kraft defenders who say it wouldn't have changed the decision are neglecting this argument.

 

[Deus Irae]

So you are interpreting the fact that Mr Kraft was in Israel at the time of the appeal as a refusal on his part to testify on behalf of Tom Brady, his sending a letter of support notwithstanding?

Saying "No" is a refusal. Saying "No, I can't" is also a refusal.

 

[Ivan]

Thanks. Would it be far fetched to think that Katzmann could read the amicus briefs produced by both the Patriots and the Physicists, check the facts (e.g, such as the NFL's misleading appeal statements) and bring it to the attention of the other judges?

I doubt Katzmann would but the material is there if the justices want to read it. Some may rely on their clerks, others may do the legwork themselves.

 

[Ring 6]

So you are interpreting the fact that Mr Kraft was in Israel at the time of the appeal as a refusal on his part to testify on behalf of Tom Brady, his sending a letter of support notwithstanding?

He was asked to testify and declined.
He could have come home early for something this important.
Even if you think his vacation is more important than Brady's fate he was also asked to testify by phone and refused to do that.

Considering this is the man who is in record saying what is best for the 32 is more important than what is best for his team I'm not sure why people insist on making excuses to pretend he wanted to do this but it was just too hard to make a phone call.

 

[Ivan]

Has it ever happened that someone from the plantiff's side filed an amicus brief in support of the defendant?

I don't think so, at least in terms of pro sports teams, but I can't be positive.

 

[goheels22002]

Nothing stops people from weighing in on issues before decisions are made, the chicken littles tend to wait until after the result is in and then cast blame.

Wait a minute. If I'm reading you correctly, you'd rather we cast blame before somebody decides to do something.

Sure, we're on solid ground there with Rex Ryan, Woody Johnson, Roger Goodell, Judge Chin, the Harbaugh brothers, Kim Jong-Un, Johnny Manziel, Charlie Sheen, Mel Kiper, OJ Simpson, and Brazil. But, criticizing Bill Belichick before he makes a decision is risky business.

If Kevin Faulk had fallen forward just 18 more inches, we wouldn't even have 4th-And-Two.

 

[Tony2046]

For all the Kraft apologists patting him on the back for sweeping in and saving the day ask yourself

Why didn't he testify in Brady's behalf in the appeal when Brady asked him to. Why did he also refuse to testify by phone.

Why did he say he thinks all players that deserve to play should when asked if Brady would play week 1

Where was his amicus during the initial trial

Where was his amicus during the appeal

Do you not find it ironic that he finally acts at a point where an appeal for an en bank hearing is pending when such an appeal historically has a .03% chance of being heard

Seems to me to be a PR move at what appears to be his last chance to make one.

IIRC he did send a letter of support during Brady's appeal with the NFL.

the .03% chance is based on all cases no matter what/how they were appealed. IIRC Wallach thinks it's more in the 20% range because of the specifics regarding this case.

Personally I believe that Olson sold Kraft on this but Kraft would have wanted to support Brady to file the Amicus. Despite all the positives, such as good PR among Patriot fans, he had to want to support Brady.

Further I suspect or at least hope that Olson is utilizing the media and his connections to play a behind the scenes game.

I am not defending Kraft for his past actions but do think this brief is more than just a PR stunt.

 

[Ring 6]

IIRC he did send a letter of support during Brady's appeal with the NFL.

the .03% chance is based on all cases no matter what/how they were appealed. IIRC Wallach thinks it's more in the 20% range because of the specifics regarding this case.

Personally I believe that Olson sold Kraft on this but Kraft would have wanted to support Brady to file the Amicus. Despite all the positives, such as good PR among Patriot fans, he had to want to support Brady.

Further I suspect or at least hope that Olson is utilizing the media and his connections to play a behind the scenes game.

I am not defending Kraft for his past actions but do think this brief is more than just a PR stunt.

Are you seriously saying that sending a letter of support after declining to testify is something he should be commended for?

.03% is the fact. Kraft waited until the longest of long shots to get involved.

What you describe is a or stunt that Olsen sold him on.

 

[QuantumMechanic]

Thanks. Would it be far fetched to think that Katzmann could read the amicus briefs produced by both the Patriots and the Physicists, check the facts (e.g, such as the NFL's misleading appeal statements) and bring it to the attention of the other judges?

At a minimum the clerks need to read the amici because the judges need to rule on the various motions for each amicus to be formally allowed into the case.

So even if the amici are denied, someone's read them so maybe some of that info will percolate even if the briefs aren't formally considered.

 

[Ivan]

Wait a minute. If I'm reading you correctly, you'd rather we cast blame before somebody decides to do something.

Sure, we're on solid ground there with Rex Ryan, Woody Johnson, Roger Goodell, Judge Chin, the Harbaugh brothers, Kim Jong-Un, Johnny Manziel, Charlie Sheen, Mel Kiper, OJ Simpson, and Brazil. But, criticizing Bill Belichick before he makes a decision is risky business.

If Kevin Faulk had fallen forward just 18 more inches, we wouldn't even have 4th-And-Two.

I'm actually pointing more at the phony draft geniuses who constantly critique the drafts after the fact and ignore league context, draft position, and the success of the team.