A list of things that the FBI would be just as likely to investigate: - my wife for hurting my feelings; - my dog for crapping on my kitchen floor; - my landlord for raising my rent; - Donald Trump for being rude to that Univision reporter; and - Idzik for conspiracy to make the Jets suck. I am mad about all of things and I think the FBI should definitely get involved.
This may be the dumbest thing I have ever read in my life. How would the FBI have any jurisdiction over any aspect of this? The author of this should be arrested by the thought police for being too stupid to live.
The Pats and Brady could have cleared up the issue of his "innocence" by producing the ball boys to be questioned by the NFL after the texts were found. They refused to do so. Gee, I wonder why? And they both could have testified on his behalf at the appeal hearing as well, as Goodell let them put anything they wanted to into evidence. There is a doctrine in the law called the "empty chair" doctrine. What it means is that if you have a witness with knowledge within your control and you don't produce him to testify, the fact-finder can infer that his testimony would not have been helpful to you. There is zero chance of a defamation suit as those two guys would have to testify under oath to the specific instructions given to them by Brady and/or Belichick. Never gonna happen. Brady is trying to save face by this appeal because (1) he can continue to claim he is innocent and that he got railroaded; and (2) there is zero chance that the truth of his active participation in the cheating will come out (beyond what we already know).
Not arguing with you. Just observing that the courts push settlement, even while they are drafting a ruling. When Berman rules and the losing side appeals, the Appeals court also will try to force them into mediation. It is sort of a dual track. By pushing them into settlement talks it does not mean that he will not rule for one party or the other. He would just prefer if they arrived at something they could both live with so he can do less work and there will be no appeal.
I sorta had the impression that this guy was sorta kooky and the Jets might not have figured that out till they had him around for a while. Transferred in college. The weird car-crash. Not common for a fourth-rounder to get cut that fast.
Although courts and Judges are perceived as the arbiters of disputes, it is not widely known how much the courts now push ADR (alternate dispute resolution, which includes mediation). The federal courts now are so geared toward forcing settlements that it is almost mandatory in all cases. It is the first thing that comes up in the first conference in all cases. They immediately try to force you into mediation (settlement discussions). If you just want your case to proceed to a disposition on the merits (and no mediation) you have to do a good job of explaining why. It is a risky strategy because a refusal to participate in settlement conferences can be seen by the Judge as bull-headed. Judges are very interested in arriving at a conclusion as to who is resonable and who is not. And for these reasons a lot of parties agree to participate in settlement conferences (even when they know the case has no chance of settling) just so the Judge won't get pissed off at them and hold it against them when he rules on the merits of the dispute.
I also live in New England and I am amazed at the level of ignorance on sports radio up here from otherwise usually smart guys. These guys have been worshipping at the Brady altar for just a little bit too long and when you combine this with an ignorance about burdens of proof and deference to arbitration rulings they aren't able to perceive the posture of this matter. They are convinced that because there is no "smoking gun" and there may have been flaws in the reports that Brady will get no suspension whatsoever. They even trot out some "lawyers" to support this position. The merits aren't entirely irrelevant but the real question is whether the NFL acted within its rights under the CBA, which I think it did.