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I think the significance of the Judge's questioning of the NFL has been way overblown here at Patsfans. In fact, I think it is consistent with the way a judge will act where he feels like the law and the equities of the case do not favor the same party. While he ultimately knows he will rule in the way the law requires, he can try to do a kind of rough justice by scaring the "unequitable" party with the better legal position into a settlement. It is also possible that he is grandstanding a bit. In the end, as from the beginning, I feel the chances of the discipline being thrown out by the court are no greater than 25%.
I think the money quote from Berman was the one where he said that there must be some fairness in the process. But it's really unclear how much he can require (and how likely that would be to be upheld on appeal).
I'm with you about the questioning, though.
And I'm also really concerned by the emphasis on settlement coming from the judge. He's a smart guy and he must know that for Brady to accept *anything* is going to be interpreted as some kind of an admission of guilt and that that would be devastating for his reputation among unprejudiced people (if there are any still to be found). So I read it as very likely that the judge is trying to scare the NFL into offering something, so that he isn't forced to rule in a way that upholds an injustice. Hence the aggressive questioning.