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Official Brady vs. NFL Federal Court 8/12 Thread (LIVE UPDATES)

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Yes, Mr. Nash, Tom became "generally aware" of what was being reported AFTER it was reported so he texted and called the guy who handles the balls. Definitely guilty!!!
 
It seems the wells report was for public consumption. Goodell had it written and put out there knowing that the fans and media would eat it up and find Brady guilty, its what they will remember, the damage to bradys image is done. Now that hes in court goodell is saying that independence doesn't matter under the rules of chapter 46
 
Waiting to hear what Berman has in store for Kessler but this is very surprising. Berman is asking directly about the case and the evidence. Which is very good to hear.
 
If Berman is willing to dig into the report itself and put some heat on the NFL to actually explain its conclusions, this can only be a good thing for Brady. We all know that the report doesn't stand up to any level of scrutiny, that was established a couple months ago.

I do wish that he wouldn't accept "complete red herring" as an argument though. He should demand a concrete answer re: whether or not the report was independent.
 
Berman: I don't know what to make of that finding Tom Brady was at least generally aware of the activities of" Mcnally, Jastremski.

 
No texts exist.. they weren't on the ballboy phones, brady offered a spreadsheet of everyone who was contacted, sounds like reaching
 
Stephen Brown ?@PPVSRB 40s40 seconds ago Massapequa Park, NY

Nash: "The phone was destroyed. A factfinder, in this case Mr Goodell, it’s clearly reasonable to infer is further evidence of culpability"

Nice, another one that isn't going to hold up under scrutiny. You can't claim that destruction of a phone was evidence of guilt after you've publicly (and privately) declared that you don't want or need the phone.
 
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Should be interesting to see how Kessler gets questioned. I'm sure they will be asked about "The Deflator" (tm)
 
Michael McCann ?@McCannSportsLaw 1m1 minute ago
Judge Berman seems to be saying, I get that the legal Q is about process, but you need to convince me Brady actually did something wrong.

Michael McCann ?@McCannSportsLaw 5m5 minutes ago
@mchorowitz @StephStradley It's possible judge wants to establish baseline on evidence before asking NFL how it used evidence in process.

Michael McCann ?@McCannSportsLaw 7m7 minutes ago
Very telling Judge Berman's asking Qs about (lack of) evidence rather than application of CBA. These Qs favor Brady.
 
And I thought the "specifics" weren't going matter. I kept banging the drum that the so called evidence drove the process. Can't get around that.

Nash sounds like Felger and Mazz.
 
Strange, isn't it? We've been told again and again and again by lawyers that the judge will have no interest in the actual fact of whether or not Brady was involved in deflating balls, but the line of questioning by Berman contradicts that. I wonder if this means manifest disregard has potential to be a consideration in a ruling.

Not only that, but it appears that the Judge is building a legal record that the Brady defamation team can lean on pretty heavily.
 
You can't claim that destruction of a phone was evidence of guilty after you've established that you've publicly declared that you don't want or need the phone.
These are the same people who claimed that they never saw or knew a video of Ray Rice knocking his fiance out in an elevator at a casino existed.
 
And let's hear Kessler put it on the record that the NFL ORDERED the team to suspend M&J.
 
This is getting interesting. I'm a little surprised the judge is going to the facts more than the process...

It all speaks to independence, bias, etc.

Also -- if he does rule against Brady, at least he gives Brady a LITTLE justice by getting facts into the public record.
 
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