Brady's legal team rope-a-dopes NFL into big mistake

[Tony2046]

He has a son who is 3,000 miles away. My guess is that is 50%.

And I am sure there were a ton from people communicating with during this whole deflategate saga.

 

[primetime]

You are betting on a narcissistic organizations bossss to trip up. Usually not hard to do either.

That's generally the case. It's a particularly effective organizing tactic because most bosses, unaware of NLRA rights, will start committing ULPs to break unionization drives or strike planning, and once that happens workers have the unambiguous and full force of counsel at the NLRB behind them.

Goodell, who is both a total moron and utter narcissist, is pretty much the exact cartoonishly vile person you want on the other side in a hearing.

 

[Sticky Caulk]

As been repeated often around here - Goodell/Wells had never asked Brady for his cell phone

They certainty did. Wells straight up asked for the phone and was told no. After that, he tried to swindle Brady into the whole over the shoulder peak ********, but that was also denied.

 

[JMC00]

And I am sure there were a ton from people communicating with during this whole deflategate saga.

and you know winning his 4th SB.

 

[Ross12]

Goodell: Brady is suspended due to the Wells Report findings, and he didn't give us his phone.
--Many independent parties debunk Exponent science methods--
Goodell: Well, he still didn't give us his phone...
--Brady gives notice of intent to appeal--
Goodell: I look forward to any new evidence and information provided by Brady.
--Brady appeals, gives "new info" in form of list of all people communicated with--
Goodell: I don't feel like doing all that work. Let's just keep it at 4 games and say it's because you destroyed your phone.

Game. Set. Match. Discipline has moved heavily away from supposed rule violations and now is almost solely centered on a cell phone that Brady was under no obligation to give. Further, Brady offered new information of his own free will to Goodell but this was ignored. As is being said, while it does ding Brady somewhat in public opinion, his chances of getting his case heard skyrocket as well as his chances of winning, considering he is now essentially being suspended for not doing something that is wholly outside of the CBA... Definition of an unfair labor practice.

 

[SuperStang83]

What do you make of this?

"There is no doubt that the NFL’s legal team will pursue an adverse inference."

http://www.atlredline.com/no-destroying-tom-bradys-cell-phone-was-not-okay-1720689663

I understand what you are saying here and that it looks terrible from a PR perspective in hindsight that Brady "destroyed" his cell phone, but if he was accustomed to "destroying" his old phones I don't see a problem. If Brady is truly innocent as the science indicates then at the time he was questioned he would have never "reasonably anticipated" a lawsuit coming to fruition.

I would have to imagine that at the time Brady is thinking that Wells is doing an independent report and that the report is going to totally exonerate him, but unfortunately for Brady the NFL had ulterior motives. I can see someone/anyone getting a new phone and "destroying" their old one and I'm sure many of us even do that.

 

[SVN]

As per breer the whole court case will be about the authority and process of the ruling. Not what the nfl did and didnt find and about the football psis themselves. ITs going to be more about precedent and if commish had any authority to aribitrate or vincent had any authority to hand the punishment.

 

[ViperGTS]

and you know winning his 4th SB.

Maybe the NFL can monitor the text messages Brady will be getting the weeks leading up to SB 50. You know, so they can be accurate and fair and stuff.

 

[YOUGOTMOSSED]

What do you make of this?

"There is no doubt that the NFL’s legal team will pursue an adverse inference."

http://www.atlredline.com/no-destroying-tom-bradys-cell-phone-was-not-okay-1720689663

For starters, you have to show that the discover-able information was actually lost. If Brady can show he saved the cell phone data (or it's available by other means), then there's no harm.

Again, I don't believe Brady was ever advised to (or would be stupid enough to) destroy evidence while he was under investigation.

If this was a legal strategy to get Goodell to take a legally untenable position, then I say . . . well played!

 

[Tony2046]

and you know winning his 4th SB.

I wonder how many times Peyton texted him? That might be about a 1000 of them right there.

"Tom you're the GOAT"
"Tom I can get you some free pizza"
"Tom what's your insurance company?"
"Tom can I borrow one your rings?"
"Tom, that chicken parm tasted like poo"
"Tom, why don't you text me back?"

 

[Ross12]

This is like a cop pulling you over and ticketing you for speeding, but when you show you weren't actually speeding, he says "well, you were driving a sports car so I just assumed you were speeding." Driving a sports car is not illegal, you can't ticket someone for breaking a law/rule and then change the reasoning to something that isn't wrong when the original issue is debunked.

 

[Dr Pain]

For starters, you have to show that the discover-able information was actually lost. If Brady can show he saved the cell phone data (or it's available by other means), than there's no harm.

Again, I don't believe Brady was ever advised to (or would be stupid enough to) destroy evidence while he was under investigation.

If this was a legal strategy to get Goodell to take a legally untenable position, then I say . . . well played!

There is no chance of the phone ever being required for evidence unless there is a suit files by Brady against Roger for slander, etc... This is a 100% unfair labor practices issue now and Brady is entitled to all his union bargained rights. NFL walked right into this legal trap.

 

[Tony2046]

This is like a cop pulling you over and ticketing you for speeding, but when you show you weren't actually speeding, he says "well, you were driving a sports car so I just assumed you were speeding." Driving a sports car is not illegal, you can't ticket someone for breaking a law/rule and then change the reasoning to something that isn't wrong when the original issue is debunked.

Amen. No matter what the fricken circumstantial evidence is, if the science or the DNA says it didn't happen then, guess what? It didn't happen.

 

[Ross12]

Amen. No matter what the fricken circumstantial evidence is, if the science or the DNA says it didn't happen then, guess what? It didn't happen.

Lol, when a judge asks Goodell "can you show an actual rule violation definitely occurred?", I don't think "Brady destroyed his phone!!!!!!!!!!!!" will be an acceptable response.

 

[Tony2046]

There is no chance of the phone ever being required for evidence unless there is a suit files by Brady against Roger for slander, etc... This is a 100% unfair labor practices issue now and Brady is entitled to all his union bargained rights. NFL walked right into this legal trap.

I'm not a legal expert but I do like your theory and if it is true......holy crapola.

 

[Dr Pain]

I'm not a legal expert but I do like your theory and if it is true......holy crapola.

In the interest of honesty, I did not come up with this theory, a labor law judge who handles union issues every day did. I am sick and at around 50% brain power now.

 

[SVN]

I dont think the nfl lawyers rendered this without anticipating the court appeal. Iam sure they will have enough to protect themselves. Considering what has gone on in the bizarre story Iam not 100 % confident liek the others about the court stuff.

 

[JMC00]

a labor law judge who handles union issues

Hmmm I don't know whether to believe him or disbarred espn stooge lester munson.

 

[Tony2046]

In the interest of honesty, I did not come up with this theory, a labor law judge who handles union issues every day did. I am sick and at around 50% brain power now.

Well thank you for your input. I have enjoyed reading it. It gives me plenty of fodder to fight the trolls with.

 

[JMC00]

I dont think the nfl lawyers rendered this without anticipating the court appeal. Iam sure they will have enough to protect themselves. Considering what has gone on in the bizarre story Iam not 100 % confident liek the others about the court stuff.

Think you should bone up on the history of the nfl in court cases against suspended players. There is a reason why they ran to a ny federal court to attempt venue shopping. This goes to Minnesota and Doty they are done.