Once again, Sally Jenkins nails it...

[FreeTedWilliams]

Tom Brady’s lawyers missed the point: his innocence

As Deflategate wore on, the lawyers representing Tom Brady forgot to do something essential. They forgot to argue their client’s innocence. Instead Jeffrey Kessler and the NFL Players Association got so lost in pushing their interpretation of the collective bargaining agreement and trying to trim the powers of Commissioner Roger Goodell that they failed to drive home the essential point: How can a player be suspended for “conduct detrimental” when there was no conduct to begin with?​

She is 100% right in blaming Kessler and the NFLPA for arguing against Goodell's powers instead of arguing that Brady is innocent!!!

 

[SHOWTIME15]

Steffen johnson, please take over.

 

[archstanton543]

But his innocence or guilt was never going to be argued. In fact, in these types of cases it rarely is. It's about the fairness of the process as laid out in the CBA.

 

[SHOWTIME15]

But his innocence or guilt was never going to be argued. In fact, in these types of cases it rarely is. It's about the fairness of the process as laid out in the CBA.

Kessler argued the facts very well before Judge Berman, even though Berman had to rule on issues of law. Kessler is not in his element before the court of appeals.

 

[VectorPrime]

Uh from literally everything that was discussed it seemed clear that Brady's guilt or innocence had nothing to do with any of the court cases. It was all about the arbitration. Now the judges obviously took their opinions on the allegations into account but if the PA had gone just with that than they would have gotten destroyed in court. Besides, the 3 circuit judges had already made up their minds by the time of the oral arguments.

 

[IllegalContact]

But his innocence or guilt was never going to be argued. In fact, in these types of cases it rarely is. It's about the fairness of the process as laid out in the CBA.

more could have been made of any process, even if not specifically stated, implies the priority factual information takes over circumstantial information.

not sure if the outcome would have been any different but you could have had them standing up there saying that facts don't matter

the methods were never officially challenged......Brady was railroaded

 

[RecoveringCowboy]

This really goes back a decade or so. David Stern cracked down on discipline in the NBA, Goodell thought it would be good for brownie points. But instead of setting up policies and codes, he takes it case-by-case which is very arbitrary, subjective and does not smack the rule of law.

 

[Ivan]

Jenkins is right, the lawyers got caught up in arguing the scope of Goodell's powers, which is what the league's lawyers wanted them to do. The salient point is the unfairness of the arbitrator and the only way to demonstrate that was to make clear that they convicted an innocent man. I.e..... It's only unfair if he's innocent, and they didn't hammer that point home.

No one has represented Brady and the Patriots better than Sally Jenkins

 

[PatsFanSince74]

Steffen johnson, please take over.

Agreed. But, it's probably too late now. The headlines out of the Appeal hearing should have been about a defense of Brady's innocence, not a rehashing of the NFLPA's agenda. I have been open out here from the beginning that Kessler should have stepped to the side for the Appeal. Chin clearly wanted to discuss Brady's guilt or innocence...the fact that his questions were adversarial is irrelevant...that's how Appellate Judges behave.

 

[patsfan13]

But his innocence or guilt was never going to be argued. In fact, in these types of cases it rarely is. It's about the fairness of the process as laid out in the CBA.

THe fact that the NFL had no case and didn't prove the balls were tampered with is very directly related to the fairness of the case.

 

[SHOWTIME15]

Agreed. But, it's probably too late now. The headlines out of the Appeal hearing should have been about a defense of Brady's innocence, not a rehashing of the NFLPA's agenda. I have been open out here from the beginning that Kessler should have stepped to the side for the Appeal. Chin clearly wanted to discuss Brady's guilt or innocence...the fact that his questions were adversarial is irrelevant...that's how Appellate Judges behave.

What's your gut feeling? Is it over?

 

[Gronkowski123]

clement > kessler

this sucks

 

[Froob]

clement > kessler

this sucks

Clement lied in court on multiple statements and somehow got away with it. Youd think that Kessler could present D'Qwells statement alone and have the whole thing scrapped...

 

[IllegalContact]

This really goes back a decade or so. David Stern cracked down on discipline in the NBA, Goodell thought it would be good for brownie points. But instead of setting up policies and codes, he takes it case-by-case which is very arbitrary, subjective and does not smack the rule of law.

It's all about money........this whole thing is giving the owners a huge bargaining chip heading to the next CBA....they are currently out-maneuvering the players

I think the next CBA may involve a strike more substantial than what we have seen in a long time

 

[The Gr8est]

It's all about money........this whole thing is giving the owners a huge bargaining chip heading to the next CBA....they are currently out-maneuvering the players

I think the next CBA may involve a strike more substantial than what we have seen in a long time

I wish that was the case, but the players need paychecks and will have difficulty outlasting the owners.

 

[Mack Herron]

Agreed. But, it's probably too late now. The headlines out of the Appeal hearing should have been about a defense of Brady's innocence, not a rehashing of the NFLPA's agenda. I have been open out here from the beginning that Kessler should have stepped to the side for the Appeal. Chin clearly wanted to discuss Brady's guilt or innocence...the fact that his questions were adversarial is irrelevant...that's how Appellate Judges behave.

True, but Berman probably was not going to overturn NFL, and CA2 probably was not going to overturn Berman. En banc is a higher hurdle, but it's not over till Brady says so. Every case is different and this one has been unexpected all along.

 

[IllegalContact]

I wish that was the case, but the players need paychecks and will have difficulty outlasting the owners.

true..........but its never been pretty

 

[Froob]

true..........but its never been pretty

Youd think replacing Goody would be a huge bargaining chip for the owners to get something they really want. Reasonable player punishment and neutral arbitration should be a win for everyone in theory...

 

[IllegalContact]

Youd think replacing Goody would be a huge bargaining chip for the owners to get something they really want.

like knocking a few percentage points off of the revenue sharing

could be done through simple math or pushing the 18 game season......

 

[RecoveringCowboy]

I wish that was the case, but the players need paychecks and will have difficulty outlasting the owners.

True, but I remember the last CBA and the players did not save their money and prepare for the siege.

NFL owners won't run hurry-up offense vs. players

If they prepared this time and had owners concerned an entire season could be canceled, they might think harder about Goodell's authority.