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Ok, I heard a bit of his interview of Lester Munson by John Clayton on ESPN radio today. For a legal expert, the man knows absolutely nothing about the law. It is scary how much more I know than him. Here are some of his gems from the interview with my responses:
http://espn.go.com/espnradio/play?id=12894071
- Doesn't see big problems with the Wells investigation & report - He is the only one. Even most of the people who believe the report see huge holes in it. He is still selling it is a strong document when people have poked some incredibly large holes in the report.
- Thinks the appeals process is for a fast resolution and the NFLPA are just trying to fight that - I think the NFLPA wants this resolved as fast as possible. They just want a fair resolution.
- Brady was stupid to appeal the suspension because Goodell can force him to turn over his phone and texts - Ummm.... No he can't. Goodell or any arbitrator hearing the appeal doesn't have subpoena power. Brady's chances of winning an appeal are likely slim without turning over his phone, but he is not required to.
- He thinks when Brady turns over his texts, we will see his text responses to McNally and Jastremski - I know the guy is like 100, but shouldn't he know that if Wells got McNally's and Jastremski's telephones, they already have Brady's responses? My 90 year old great aunt gets the concepts of how texts work.
- Judges, especially federal judges, don't like to review or overturn arbitrators' rulings and rarely do because they don't want that on their record - It seems that almost every time a player appeals to federal court against the NFL's arbitrator's ruling, the player wins. I can't remember a time a player filed an appeal to Judge Doty and he didn't hear it.
- The NFL has a very good record in federal court in these types of appeals - Sure if you take away the Peterson, Rice, Bountygate federal appeals which the NFL lost, you have a pretty good record.
- Brady will have to turn his cell phone over if he appeals in Federal court - I know people are saying this, but I think this only applies to if he sues for defamation. If he and the NFLPA appeals Goodell's appeal decision or his refusal to appoint an independent arbitrator, I don't think he has to turn over his phone. He will be filing the appeal on grounds that the NFL violated the CBA by letting Troy Vincent make the ruling and Goodell being unable to rule on this. The Federal judge would then be hearing testimony and arguments on those points and not looking at whether Brady is innocent or guilty. The judge will just be ruling whether to set aside Goodell's decision and force him to select an independent arbitrator or not. Brady's cell phone is irrelevant to a federal appeal.
http://espn.go.com/espnradio/play?id=12894071