According to PFT, the Patriots have no obligation to accept penalties. The organization can appeal

Soul_Survivor88 · May 12, 2015

http://profootballtalk.nbcsports.com/2015/05/12/patriots-could-pursue-an-appeal-of-their-own/

It’s a given that Brady will appeal his four-game suspension. Per the league office, the Patriots separately can appeal the $1 million fine and the removal of two draft picks — a first-rounder in 2016 and a fourth-rounder in 2017. Any appeal from the team would be handled by the Commissioner or his designee.

It’s also possible that the Patriots and their lawyers will consider the possibility of conjuring a possible lawsuit, in the event the appeal is unsuccessful. Peter King of TheMMQB.com and NBC’s Football Night in America thinks it’s possible that Kraft will decide to “go rogue” and sue. It’s possible that Kraft will simply want the league to fear litigation when processing an appeal, in the hopes that Kraft will be placated by a reduction in the penalties.

BradyFTW! · May 12, 2015

Very interesting, this is the first I've heard of that.

Bourne Again Christian · May 12, 2015

Burn the league down

reflexblue · May 12, 2015

Sounds like florio who is a lawyer is conceding that kraft could sue the league, good i hope he does. You need to be loyal to your team and its fans who pay the freight, not a bunch of owners who would like to see your team go down in flames.

Florios comments....

Litigation filed by the Patriots remains an unlikely possibility, for a variety of reasons. For example, it would potentially alienate Kraft from his partners, and it would set a bad precedent.

If Kraft is angry enough to consider filing suit, however, that’s bad news for Commissioner Roger Goodell. Once Kraft realizes that filing suit isn’t a realistic option, Kraft could instead embark on an effort to overhaul the leadership of the league.

patsfan13 · May 12, 2015

Go Full Al Davis on Goodell, Bob.

patriot1136 · May 12, 2015

They gotta appeal those draft picks. We need them back. Imagine what could have been if we had a 1st rounder after the 2007 spygate ordeal

Dr Pain · May 12, 2015

So the Patriots are fined a 1st and 4th round pick and $1M because Brady wouldn't hand over a phone that he was not required to, and McNally would agree to a 5th interview only by phone because Kelly Naqi ambushed him at home after getting info from a leaked source inside the NFL - and oh yes, her husband is an NFL insider.

Yes this all makes perfect sense now.

RobertWeathers · May 12, 2015

reflexblue said:
I like dis part.....

Litigation filed by the Patriots remains an unlikely possibility, for a variety of reasons. For example, it would potentially alienate Kraft from his partners, and it would set a bad precedent.

If Kraft is angry enough to consider filing suit, however, that’s bad news for Commissioner Roger Goodell. Once Kraft realizes that filing suit isn’t a realistic option, Kraft could instead embark on an effort to overhaul the leadership of the league.

Krafty Bob needs to think about the sequencing here. It would seem to me that he has a few routes

-Bob has meeting with Goody to emplore him to reduce sanctions. Goody says no.
-Bob potentially conducts a caucus to determine who would support a new commissioner. This makes Bob look bad.
-Bob tells Goody he has the support to get his ass tossed out. Reduce the sanctions...Goody says no.
-Bob threatens litigation either motioning to remove Goody or reducing sanctions.
-All options are nuclear in nature...man.

reflexblue · May 12, 2015

robertweathers said:
Krafty Bob needs to think about the sequencing here. It would seem to me that he has a few routes

-Bob has meeting with Goody to emplore him to reduce sanctions. Goody says no.
-Bob potentially conducts a caucus to determine who would support a new commissioner. This makes Bob look bad.
-Bob tells Goody he has the support to get his ass tossed out. Reduce the sanctions...Goody says no.
-Bob threatens litigation either motioning to remove Goody or reducing sanctions.
-All options are nuclear in nature...man.

I never thought that he should go nuclear right off the bat, but in the end if he gets no relief after going through all the options then he should seek relief in the courts.

RobertWeathers · May 12, 2015

Chiuba E. Obele said:
http://profootballtalk.nbcsports.com/2015/05/12/patriots-could-pursue-an-appeal-of-their-own/

Meetings next week in SF...I'll be there too. I wonder which days.

RobertWeathers · May 12, 2015

reflexblue said:
I never thought that he should go nuclear right off the bat, but in the end if he gets no relief after going through all the options then he should seek relief in the courts.

I know. Goody knows it's coming. Just a question of what direction it comes from.

Rob0729 · May 12, 2015

reflexblue said:
I like dis part..... Sounds like florio who is a lawyer is conceding that kraft could sue the league, good i hope he does. You need to be loyal to your team and its fans who pay the freight, not a bunch of owners who would like to see your team go down in flames.

Litigation filed by the Patriots remains an unlikely possibility, for a variety of reasons. For example, it would potentially alienate Kraft from his partners, and it would set a bad precedent.

If Kraft is angry enough to consider filing suit, however, that’s bad news for Commissioner Roger Goodell. Once Kraft realizes that filing suit isn’t a realistic option, Kraft could instead embark on an effort to overhaul the leadership of the league.

Why is not suing the League a realistic option? Kraft may not care about alienating his partners at this point. At some point, Kraft has to put the needs of his own company over the need of his partners. If Kraft decides that this is the case, he will throw caution to the wind and file a lawsuit.

Besides, if he does file a lawsuit, many of the other owners will pressure Goodell to make a compromise that Kraft is willing to accept.

JJC · May 12, 2015

reflexblue said:
Litigation filed by the Patriots remains an unlikely possibility, for a variety of reasons. For example, it would potentially alienate Kraft from his partners, and it would set a bad precedent.

My suggestion on what Kraft should say to the other owners:

"Gentlemen. You have read the Wells report, which exonerated the team and the coaching staff. Nonetheless, the Commissioner's office elected to issue outrageous penalties against my franchise. This is just the latest in a series of reckless decisions over a period of years that have chipped away at the public's confidence and respect for the league as a whole. Our appointee as Commissioner engages in conduct detrimental to the whole league, not just to my franchise. If I can be subject to a Stalinist tribunal such as this, so can you.

You know I have been a level headed and professional member of the league and counseled that we not take rash action in the past. We face a crossroads in our stewardship of the league. It is incumbent on us, as owners, to act swiftly and decisively. I make a motion to remove the Commissioner from office and seek a respected and respectable replacement from outside the league prior to the start of this season. The new Commissioner would have the power to come in and vacate the current penalties and begin his/her tenure with a clean slate. In the absence of such action, I will be forced to defend the honor and reputation of myself, my franchise, my coaching staff, and my players. This will result in an ugly and protracted struggle in the league offices, the courts, and the press. The NFLPA, our quarterback, and two low level employees are already preparing litigation that will drag the league through an unnecessary legal action.

We face a variation on prisoners' dilemma. My franchise has already been harmed and only a vigorous defense may restore it. In mounting that defense, I may also damage the league and your franchises by proxy. I would prefer that we find an alternate path for resolution and restitution of the integrity of my franchise and the league. Vote with me to clean up this mess now, before it gets worse. Otherwise, cry havoc and let slip the dogs of war."

Big-T · May 12, 2015

Al Davis sued the league for breaching antitrust exemption in regards to Oakland/LA.

Kraft can sue for a breach of the antitrust exemption because of a clear bias shown by the league office. If they can show a tangible loss (i.e. revenue - so 1 just 1 lost sponsor would count) they could also probably sue for 'malicious use of process' because a random email from a Colts staff member is not (IMO) enough probable cause to start the sting.

Rob0729 · May 12, 2015

Now the question is can he bring it to arbitration after Goodell hears the appeal like a player can? Obviously, Goodell or whatever puppet he has for the appeal will not budge much from the original punishment, but a truly independent arbitrator will likely throw it out the window.

Big-T · May 12, 2015

Rob0729 said:
Now the question is can he bring it to arbitration after Goodell hears the appeal like a player can? Obviously, Goodell or whatever puppet he has for the appeal will not budge much from the original punishment, but a truly independent arbitrator will likely throw it out the window.

The team could just take the same route as Peterson and take it to a federal judge to get Goodell ripped to shreds (again).

aluminum seats · May 12, 2015

Interesting...and leads me to say to the multiple posters who have said categorically that "those picks are gone" to please shut up if you're only guessing, or at least say you're only guessing.

brady199 · May 12, 2015

More probable then not the NFL has it out for us. I'm just hoping they can at least get the refs to call the game fair and square on the field. If Brady got completely off, which he should or the Pats sue and get the punishments reduced in any way. I can only imagine what lengths Goodell would go to, to get even.

Blackluck · May 12, 2015

Big-T said:
The team could just take the same route as Peterson and take it to a federal judge to get Goodell ripped to shreds (again).

I hope this is the route they choose. NFL HQ is a sham. They have made a mockery of the game. Any sane person who reads the Wells report recognizes it for the hack job it is. To add further insult, they dole out a death penalty because Brady and the team had the temerity to listen to legal counsel.

The finding (discipline) needs to be vacated. And that's just for starters.

reflexblue · May 12, 2015

Rob0729 said:
Why is not suing the League a realistic option? Kraft may not care about alienating his partners at this point. At some point, Kraft has to put the needs of his own company over the need of his partners. If Kraft decides that this is the case, he will throw caution to the wind and file a lawsuit.

Besides, if he does file a lawsuit, many of the other owners will pressure Goodell to make a compromise that Kraft is willing to accept.

I don't know where you got that i think suing the league is not an option, ive been calling for that all along. The part thats italicized are florios comments.

According to PFT, the Patriots have no obligation to accept penalties. The organization can appeal

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