Now that the transcript is out for everyone to read and after Brady dumped his personal emails, I think it's beginning to dawn on the average/very good player that, if this can happen to Tom Brady, they don't want to imagine what could happen to them. This will really start to mean something if a guy like Montana or Rodgers joins the chorus, but so far neither has proven to be a Profile in Courage.
We still have no idea how he's going to rule, but it was Judge Berman who opened the door by making a point that he didn't think it was in the public interest for these records to remain sealed. Not the kind of Judge that Wells and Goodell thought they were going to get assigned to their case when they fancied themselves being so very clever by filing in Manhattan a second after the Ruling was released.
I'm curious as to when Berman will tip his hand as to how he is leaning, since doing so would be consistent with everything else he's done to date. Perhaps he's already done this in some way through the vehicle of the closed door Settlement talks conducted before Magistrate Judge Francis, who no doubt knows where his senior colleague's mind is on the matter.
So far, it's the NFLPA that seems emboldened, so that is a good sign...but it's impossible to tell what that really means...it's most likely a sign of confidence but we can't know. The fact that DeMaurice Smith has asked to appear as a co-counsel on the 12th is also a good sign. I have a strong feeling that we will know how Judge Berman is leaning after the meeting on the 12th...at which point it will be "too late" for one side or the other. So, if there's going to be a Settlement, it will be crafted over the weekend or at the beginning of the week...the side that feels it is in the dominant position will not want to compromise.
If, after the 12th one side knows that it is in the dominant position it will no longer have to compromise. So, until Wednesday it's a big game of chicken.
