Robert Blecker's Amicus Curiae Brief on behalf of NFLPA/Brady

[ThatllMoveTheChains!!!]

Worth noting, Patriots are letting this drop either. The Wells Report Context has been updated as recently as December 1.

I'm still holding out hope that there'll be some actions following the words, but the odds seem long. In the meantime all the mounting evidence of blatant bias just proves that some action needs to be taken. If the NFL gets away with this there's little doubt that the hits won't keep coming as long as the Patriots are good.

 

[DarrylS]

I suspect there are some behind the scenes between Blecker and the Brady/NFLPA teams, the latter needs to rebut the NFL's report, while the Blecker report can certainly take some liberties or bring out the subtleties..

This whole matter could easily have been resolved this year, by commissioning a longitudinal study of play & environment on all game balls.. however as Goodell does not want to find out the truth, he is content with randomly checking the balls and not publishing the findings..

 

[RelocatedPatFan]

This whole matter could easily have been resolved this year, by commissioning a longitudinal study of play & environment on all game balls.. however as Goodell does not want to find out the truth, he is content with randomly checking the balls and not publishing the findings..

I disagree. The findings will be published, but not the manner in which they conducted the checks. i.e. They will allow balls to warm up so no IGL will be registered and levels will be normal.

And there will be the normal double-speak and on answers when /if they are pressed for clarity

 

[Buchanty]

From what I have read it is now up to the Appellate Court to determine whether the Blecker Brief can be added to the previously submitted briefs of the NFL and NFLPA/Brady:

The United States or its officer or agency or a state may file an amicus-curiae brief without the consent of the parties or leave of court. Any other amicus curiae may file a brief only by leave of court or if the brief states that all parties have consented to its filing.

I suspect that the chances of it being approved are slim, since the case has become a labor dispute rather than one about a sports misdemeanor. That said, though, the court might be hesitant to dismiss such a condemnatory yet provable statement, as doing so would deny the level of inspection that the foundation argument (ie human intervention) deserves by other courts than itself.

What is inevitable, however, is the denial by silence from the NFL and its media lackeys, as the brief and its arguments will not be discussed, communicated or given any modicum of coverage.

On the positive side we can quote Becker's charge of fraud as often as possible, and lobby those in the media, who are not cowered by the NFL blanket of tyranny, to do the same. It is also a great link to refer all those interested in fair play in the nation's most popular sport, especially when compared to the ongoing investigations into corruption in FIFA.

 

[1960Pats]

Although I enjoyed reading every single word of that brief, it hasn't changed a thing for me. I already knew what went on with the NYJFL.

When Tom Brady leaves I will leave with him. I'll still use this board, but for no other purpose than to relive the career of the greatest QB of all time. I'll have to see if I can change my sn from 1960Pats to 1960-201?Pats.

 

[FCB02062]

This is a great read and invigorating for any Patriots fan, but has any national media outlet picked up this and covered it? Until that happens, it is nothing but a bit of eye candy for Pats fans....

 

[FreeTedWilliams]

Great read, he outright accuses the NYJFL of not only bias but fraud.

I keep holding out hope that after Judge Berman's decision is upheld, that Kraft goes after getting his picks back. If the circuit court orders it back to Judge Berman and orders the NYJFL to turn over all their investigative notes and put Pash on the stand, I bet you dollars to doughnuts the NYJFL drops its appeal on the spot instead of turning that stuff over.

PFT just posted a link to it:

Third-party brief in Brady case focuses on “integrity of sport”

 

[JJDChE]

I suspect there are some behind the scenes between Blecker and the Brady/NFLPA teams, the latter needs to rebut the NFL's report, while the Blecker report can certainly take some liberties or bring out the subtleties..

This whole matter could easily have been resolved this year, by commissioning a longitudinal study of play & environment on all game balls.. however as Goodell does not want to find out the truth, he is content with randomly checking the balls and not publishing the findings..

Correct, if they were really concerned about the pressure of the game balls, they wold have organized a study during this regular season. It would have been extremely easy to do, given that the balls were going to be checked anyway.

Even so, whatever data they would have found in that study is not relevant to the Patriots case. The measurement of ball pressure is poorly controlled from a technical perspective and the rulebook isn't anywhere near clear enough about what constitutes an infraction. Those two facts should've made this a slam dunk to be thrown out by the NFL from the very beginning. They fact that it's been dragged out like this is ridiculous.

Of course, the reality is that a 1 psi difference in ball pressure really has no bearing on the outcome of a game. The degree of punishment that came from this shows, YET AGAIN, how poorly the NFL is managed. I'm amazed Goodell is still employed after all the "events" that he has presided over and subsequently been shown to have used poor judgment. It's as if the owners just don't give a sh!t. Could be true, I suppose.

 

[Froob]

So can the NFL get hit harder through this appeal? Potentially information that gets Goody investigated or fired?

 

[BTTA]

Our competitive juices and sense of injustice about this issue tend to obscure the alignment of the larger interests of the NFL and NFLPA.

From what I understand of the economic structure of the league and the labor contract, the single most important metric for both is total revenue from NFL. The larger that number, the richer both parties get. Sure, they squabble like siblings at the dinner table over how to divide it up, but that arm wrestling dynamic is secondary. This defines the relationship between the NFL owners and the NFLPA; it is one of partners who at times have an argument. But they are partners above all else, in the pursuit of one thing: revenue from NFL assets.

It isn't in the best interest of the NFLPA to do damage to the brand of the NFL; in dong so, the NFLPA damages its #1 asset, which is total revenue. This is and will be the limiting factor in their pursuit of this issue on behalf of Brady.

If Brady's reputation and personal business interests ("Brady, Inc.") are inconsistent with those of the NFLPA, then he'll either need to just take it on the chin for the larger cause, or take on the NFL on his own.

 

[slam]

I suspect there are some behind the scenes between Blecker and the Brady/NFLPA teams, the latter needs to rebut the NFL's report, while the Blecker report can certainly take some liberties or bring out the subtleties..

This whole matter could easily have been resolved this year, by commissioning a longitudinal study of play & environment on all game balls.. however as Goodell does not want to find out the truth, he is content with randomly checking the balls and not publishing the findings..

This whole matter could have been resolved by the Mythbusters in an hour.

 

[YOUGOTMOSSED]

Looks like this brief has attracted some attention from the press. If CA2 accepts the brief and comments on it in the decision (even in dictum), it's going to be hard for the press to ignore it.

This brief is the voice of reason we've all been waiting for in this sea of madness. It makes the NFL look terrible (rightly so).

 

[QuantumMechanic]

So can the NFL get hit harder through this appeal? Potentially information that gets Goody investigated or fired?

Almost definitely not.

The appeal is only about matters of law in the court below. So it is doubly-limited. The appeals court is not going to consider any facts outside of facts in the record in the court below. And it will take those facts as given. It will only be considering Berman's interpretation of those facts and Berman's interpretation of the law.

I suppose the NFL could theoretically be indirectly hit harder. If the appeals court reverses Berman but then remands it back to Berman to consider the things he hadn't previously considered, then the NFLPA could argue (and present evidence for) the proposition that Goodell was not impartial, committed fraud, etc.

 

[XLIX]

As viagra style stimulating as this is, does it actually go anywhere or is it just filed to gather dust? Unless it results in job losses at the NFL's highest level or in the safe return of our draft picks, it's all just masterbatory fun.

Anyone? This is a serious question, I have no idea.

I don't think the judges have any authority to force a return of draft picks as that rests outside the scope of their authority in this matter.

However, I sure wouldn't mind seeing the judges berate Goodell and the NFL based on the above amicus filing. Maybe even help influence public opinion. The ignorance on this matter is absolutely astounding.

 

[JJDChE]

Unless the Patriots signed documents releasing claim to further legal action, I assume they can sue to get their draft picks and money back, considering significant new evidence has come to light. It's really a travesty that they lost draft picks and and were given an exorbitant fine for doing absolutely nothing.

 

[RobertWeathers]

Just read it....that was awesome.

Keep in mind the reporter for 60 Minutes Sports - who gave Beckler the light of day is Armen Ketayen- a close confidant of a certain HC of the NEP.

BB wants his picks back- even if his boss doesn't have the stones.

 

[memento]

Almost definitely not.

The appeal is only about matters of law in the court below. So it is doubly-limited. The appeals court is not going to consider any facts outside of facts in the record in the court below. And it will take those facts as given. It will only be considering Berman's interpretation of those facts and Berman's interpretation of the law.

I suppose the NFL could theoretically be indirectly hit harder. If the appeals court reverses Berman but then remands it back to Berman to consider the things he hadn't previously considered, then the NFLPA could argue (and present evidence for) the proposition that Goodell was not impartial, committed fraud, etc.

Doesn't the de novo standard try the case again with the appellate judges looking at the case anew?

The NFL also asked that the appeals court to look at all the counts against them, including evident partiality, which I'd imagine the argument for fraud could come into play.

I don't think the NFL could be hit harder as in something worse will happen than vacating the suspension, but it feels better to have the suspension overruled because of fraud instead of lack of notice -- fraud requires a higher threshold of evidence. But I dont really know much of these legal matters.

 

[BTTA]

Unless the Patriots signed documents releasing claim to further legal action, I assume they can sue to get their draft picks and money back, considering significant new evidence has come to light. It's really a travesty that they lost draft picks and and were given an exorbitant fine for doing absolutely nothing.

The type of injustice, and the degree of injustice, is important to us, but I don't think is relevant to the legal avenues regarding the draft picks. Draft picks are an internal matter of the NFL. They aren't property that belonged to the Patriots that was taken away by the League. So who would sue whom?

 

[JJDChE]

The type of injustice, and the degree of injustice, is important to us, but I don't think is relevant to the legal avenues regarding the draft picks. Draft picks are an internal matter of the NFL. They aren't property that belonged to the Patriots that was taken away by the League. So who would sue whom?

I think it's relevant to a court that the NFL fraudulently extracted millions of dollars in value from the Patriots organization. While each team is ostensibly part of the NFL, they also have individual business interests that are not overseen by the NFL. Particularly in the case of draft picks, the NFL is fraudulently hampering the earnings potential of those businesses.

Also, how are the draft picks not property of the Patriots? That is organizational value that is granted to the franchise by the league based on the league charter and bylaws. They absolutely have monetary value and that value was taken from the Patriots via negligence and/or fraud. It seems like a cut and dried legal matter to me.

 

[BTTA]

I think it's relevant to a court that the NFL fraudulently extracted millions of dollars in value from the Patriots organization. While each team is ostensibly part of the NFL, they also have individual business interests that are not overseen by the NFL. Particularly in the case of draft picks, the NFL is fraudulently hampering the earnings potential of those businesses.

Also, how are the draft picks not property of the Patriots? That is organizational value that is granted to the franchise by the league based on the league charter and bylaws. They absolutely have monetary value and that value was taken from the Patriots via negligence and/or fraud. It seems like a cut and dried legal matter to me.

I just see it differently. The Pats are in an agreement with the League that League financial interests trump the local team interests; that's the premise on which the League is set up. As far as I can see, no one has specifically identified financial damage to the Pats as a result of League actions. Even more importantly, the current case before the courts has nothing to do with any of that. It is about Brady's rights to play. It isn't about Patriots vs. NFL.

And the draft picks all belong to the NFL and are awarded based on a formula created by the NFL central office, which apparently the Commissioner has free reign to modify based on his judgment at any time. That's the contractual arrangement.