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Pro-Brady Arguments are Plainly Silly and His Prospects in Federal Court are Weak


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I am a transplanted New Yorker and am astounded by the homerism among Pats fans and on Boston sports radio relating to the Brady stuff. Otherwise intelligent commentators are routinely explaining away

Great post. He is as guilty as sin.   But it is the NE arrogant and above the law attitude that has caused this to escalate.   If Kraft had acted like Athur Blank and just immediately came out and

It isn't practical to spend money trying to identify the senders and recipients for 10,000 texts only to ask them to please turn over the texts. There is nothing the NFL can do when those people decli

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Great post. He is as guilty as sin.

 

But it is the NE arrogant and above the law attitude that has caused this to escalate.

 

If Kraft had acted like Athur Blank and just immediately came out and said "it's our fault. We were just trying to get the balls to be at the minimum allowable pressure and may have went a little under in this one case. It will happen again and the ball handlers have been disciplined and instructed to never tamper with the balls again. We accept whatever fine the NFL deems appropriate", the NFL would have quickly issued some penalty within a few days and this would never have been an issue again.

 

Instead, an organization as corrupt as imaginable believes they are above the rules, protected in the NFL and given special treatment and decides to go the righteous indignation route and for that they are now taking it straight up the you know what and it couldn;t happen to more worthy losers than the entire dirty Pats organization.

 

Agreed.  One alternative theory that I have heard (which is rank speculation) was that the cover-up was actually done to bury evidence that Belichick had some knowledge of what was going on because, due to his past history, he might have been lost for a year or even banned.  Again, this is rank speculation but not wholly implausible.  

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Great post. He is as guilty as sin.

But it is the NE arrogant and above the law attitude that has caused this to escalate.

If Kraft had acted like Athur Blank and just immediately came out and said "it's our fault. We were just trying to get the balls to be at the minimum allowable pressure and may have went a little under in this one case. It will happen again and the ball handlers have been disciplined and instructed to never tamper with the balls again. We accept whatever fine the NFL deems appropriate", the NFL would have quickly issued some penalty within a few days and this would never have been an issue again.

Instead, an organization as corrupt as imaginable believes they are above the rules, protected in the NFL and given special treatment and decides to go the righteous indignation route and for that they are now taking it straight up the you know what and it couldn;t happen to more worthy losers than the entire dirty Pats organization.

It's not just the arrogance of the Krafts and the Pat organization it's the arrogance of the Boston fan base. The same people who acted like Arod doing roids (something Manny, Ortiz and most Red Sox players were also doing) was the worst thing in the world -- the Pats blatantly violate the rules doing something that directly affects the outcome of the game eh it's no big deal.

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Tom Brady's Post on Facebook this morning:

 

 
7 hrs · 

I am very disappointed by the NFL’s decision to uphold the 4 game suspension against me. I did nothing wrong, and no one in the Patriots organization did either.

Despite submitting to hours of testimony over the past 6 months, it is disappointing that the Commissioner upheld my suspension based upon a standard that it was “probable” that I was “generally aware” of misconduct. The fact is that neither I, nor any equipment person, did anything of which we have been accused. He dismissed my hours of testimony and it is disappointing that he found it unreliable.

I also disagree with yesterdays narrative surrounding my cellphone. I replaced my broken Samsung phone with a new iPhone 6 AFTER my attorneys made it clear to the NFL that my actual phone device would not be subjected to investigation under ANY circumstances. As a member of a union, I was under no obligation to set a new precedent going forward, nor was I made aware at any time during Mr. Wells investigation, that failing to subject my cell phone to investigation would result in ANY discipline.

Most importantly, I have never written, texted, emailed to anybody at anytime, anything related to football air pressure before this issue was raised at the AFC Championship game in January. To suggest that I destroyed a phone to avoid giving the NFL information it requested is completely wrong.

To try and reconcile the record and fully cooperate with the investigation after I was disciplined in May, we turned over detailed pages of cell phone records and all of the emails that Mr. Wells requested. We even contacted the phone company to see if there was any possible way we could retrieve any/all of the actual text messages from my old phone. In short, we exhausted every possibility to give the NFL everything we could and offered to go thru the identity for every text and phone call during the relevant time. Regardless, the NFL knows that Mr. Wells already had ALL relevant communications with Patriots personnel that either Mr. Wells saw or that I was questioned about in my appeal hearing. There is no “smoking gun” and this controversy is manufactured to distract from the fact they have zero evidence of wrongdoing.

I authorized the NFLPA to make a settlement offer to the NFL so that we could avoid going to court and put this inconsequential issue behind us as we move forward into this season. The discipline was upheld without any counter offer. I respect the Commissioners authority, but he also has to respect the CBA and my rights as a private citizen. I will not allow my unfair discipline to become a precedent for other NFL players without a fight.

Lastly, I am overwhelmed and humbled by the support of family, friends and our fans who have supported me since the false accusations were made after the AFC Championship game. I look forward to the opportunity to resume playing with my teammates and winning more games for the New England Patriots.

 
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Tom Brady's Post on Facebook this morning:

 

 
7 hrs · 

I am very disappointed by the NFL’s decision to uphold the 4 game suspension against me. I did nothing wrong, and no one in the Patriots organization did either.

Despite submitting to hours of testimony over the past 6 months, it is disappointing that the Commissioner upheld my suspension based upon a standard that it was “probable” that I was “generally aware” of misconduct. The fact is that neither I, nor any equipment person, did anything of which we have been accused. He dismissed my hours of testimony and it is disappointing that he found it unreliable.

I also disagree with yesterdays narrative surrounding my cellphone. I replaced my broken Samsung phone with a new iPhone 6 AFTER my attorneys made it clear to the NFL that my actual phone device would not be subjected to investigation under ANY circumstances. As a member of a union, I was under no obligation to set a new precedent going forward, nor was I made aware at any time during Mr. Wells investigation, that failing to subject my cell phone to investigation would result in ANY discipline.

Most importantly, I have never written, texted, emailed to anybody at anytime, anything related to football air pressure before this issue was raised at the AFC Championship game in January. To suggest that I destroyed a phone to avoid giving the NFL information it requested is completely wrong.

To try and reconcile the record and fully cooperate with the investigation after I was disciplined in May, we turned over detailed pages of cell phone records and all of the emails that Mr. Wells requested. We even contacted the phone company to see if there was any possible way we could retrieve any/all of the actual text messages from my old phone. In short, we exhausted every possibility to give the NFL everything we could and offered to go thru the identity for every text and phone call during the relevant time. Regardless, the NFL knows that Mr. Wells already had ALL relevant communications with Patriots personnel that either Mr. Wells saw or that I was questioned about in my appeal hearing. There is no “smoking gun” and this controversy is manufactured to distract from the fact they have zero evidence of wrongdoing.

I authorized the NFLPA to make a settlement offer to the NFL so that we could avoid going to court and put this inconsequential issue behind us as we move forward into this season. The discipline was upheld without any counter offer. I respect the Commissioners authority, but he also has to respect the CBA and my rights as a private citizen. I will not allow my unfair discipline to become a precedent for other NFL players without a fight.

Lastly, I am overwhelmed and humbled by the support of family, friends and our fans who have supported me since the false accusations were made after the AFC Championship game. I look forward to the opportunity to resume playing with my teammates and winning more games for the New England Patriots.

 

 

 

tossin1.gif

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Tom Brady's Post on Facebook this morning:

 

 
7 hrs · 

I am very disappointed by the NFL’s decision to uphold the 4 game suspension against me. I did nothing wrong, and no one in the Patriots organization did either.

Despite submitting to hours of testimony over the past 6 months, it is disappointing that the Commissioner upheld my suspension based upon a standard that it was “probable” that I was “generally aware” of misconduct. The fact is that neither I, nor any equipment person, did anything of which we have been accused. He dismissed my hours of testimony and it is disappointing that he found it unreliable.

I also disagree with yesterdays narrative surrounding my cellphone. I replaced my broken Samsung phone with a new iPhone 6 AFTER my attorneys made it clear to the NFL that my actual phone device would not be subjected to investigation under ANY circumstances. As a member of a union, I was under no obligation to set a new precedent going forward, nor was I made aware at any time during Mr. Wells investigation, that failing to subject my cell phone to investigation would result in ANY discipline.

Most importantly, I have never written, texted, emailed to anybody at anytime, anything related to football air pressure before this issue was raised at the AFC Championship game in January. To suggest that I destroyed a phone to avoid giving the NFL information it requested is completely wrong.

To try and reconcile the record and fully cooperate with the investigation after I was disciplined in May, we turned over detailed pages of cell phone records and all of the emails that Mr. Wells requested. We even contacted the phone company to see if there was any possible way we could retrieve any/all of the actual text messages from my old phone. In short, we exhausted every possibility to give the NFL everything we could and offered to go thru the identity for every text and phone call during the relevant time. Regardless, the NFL knows that Mr. Wells already had ALL relevant communications with Patriots personnel that either Mr. Wells saw or that I was questioned about in my appeal hearing. There is no “smoking gun” and this controversy is manufactured to distract from the fact they have zero evidence of wrongdoing.

I authorized the NFLPA to make a settlement offer to the NFL so that we could avoid going to court and put this inconsequential issue behind us as we move forward into this season. The discipline was upheld without any counter offer. I respect the Commissioners authority, but he also has to respect the CBA and my rights as a private citizen. I will not allow my unfair discipline to become a precedent for other NFL players without a fight.

Lastly, I am overwhelmed and humbled by the support of family, friends and our fans who have supported me since the false accusations were made after the AFC Championship game. I look forward to the opportunity to resume playing with my teammates and winning more games for the New England Patriots.

 

 

f81cc7cfb581ea041ae3f739083edb11.jpg

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He called a guy on a diet the deflater.  And expects the world to believe him.

 

Just like the hardest day in his parents life was when he was drafted to the NFL:

 

 

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I am a transplanted New Yorker and am astounded by the homerism among Pats fans and on Boston sports radio relating to the Brady stuff. Otherwise intelligent commentators are routinely explaining away every finding of the Wells report and Goodell's Appeal Decision.  

 

Here are some of the things you hear over and over:

 

-"There is no actual/hard evidence that Brady did anything wrong!"

 

You really aren't paying attention if you believe this one.  The ball boys literally cursed Brady and clearly stated that he likes the ball deflated.  More importantly, it was clear from the correspondence between them that they were uncomfortable with the pressure that he was putting on them to deflate the balls.  One of them was called the "Deflator."  And, even though we don't know what was discussed, we do know that there were an unprecedented series of meetings and conversations between these ballboys and Brady after Brady was questioned in the investigation.  Then Brady destroys his phone.  All of this is evidence.  Maybe you would prefer a taped conversation of him instructing them to deflate the balls, but this is evidence nonetheless.

 

Plus, the destruction of evidence allows a fact finder (as a matter of law) to resolve close fact issues against the party that destroyed the evidence.

 

-How could they find him guilty on this evidence?"

 

Nobody found him guilty of anything.  This isn't a criminal trial.  There is no "beyond a reasonable doubt" standard.  The collective bargaining agreement requires only "more likely than not." or preponderance of the evidence.  There was more than enough evidence to support such a conclusion.

 

-"There is no actual/hard evidence that any of the Patriots did anything wrong."

 

As stated above, although it may be circumstantial, there is no shortage of evidence,  Remember the video of the ball guy taking the balls into the bathroom.  You may not think it's great evidence but it is evidence nonetheless. 

 

-"Goodell is obviously out to get Brady!"

 

This is one of the sillier arguments.  It is bad for the league for its poster child to be exposed in this manner, particularly the guy who just won the superbowl.  Goodell did not want this to happen.  In fact, he gave him every opportunity to avoid this embarrassment by cooperating.  He even offered him one game and to "seal" Brady's testimony where he admits that he destroyed the phone.  Brady's sense of entitlement is causing him unnecessary embarrassment and will unnecessarily tarnish his legacy.   

 

-"There is no smoking gun, so how can they convict?"

 

"Smoking guns" are rare.  The vast majority of cases are decided based on circumstantial evidence, like that relied on in this case.

 

-"So he destroyed his phone, so what?  He didn't do anything so it doesn't matter!"

 

It matters a lot, as a legal matter.  If you destroy evidence (which is called spoliation of evidence), a fact-finder is entitled to find factual issues against you. So where there might not have otherwise been evidence, the fact-finder is entitled to an "inference" against you.

 

-"He will obviously win now that he has gotten out of this kangaroo court and into federal court."

 

Brady could win in court, but the odds are against it.  The collective bargaining agreement entered into between the NFL and the players established the procedures that were followed in this case.  The fact that Goodell was Judge and jury in this case is not, in itself, objectionable because the players agreed to that procedure.  

 

Courts love arbitration because it means less work for them and they will therefore, as a matter of policy, defer to the findings of arbitrators unless they are arbitrary.  This one, even if you don't like it, was not arbitrary.  In order to get an injunction, the players' association has to establish at the outset that it has a reasonable likelihood of success on the merits.  That means they will have to show at the outset of the case that the NFL flouted its own procedures or its decision was arbitrary. This is a tough road to hoe.  Also, the argument that it was error that Goodell refused to testify is a red herring.  Arbitrators, like Judges, never testify.  That was grandstanding by the NFLPA, plain and simple.  

 

If Brady wins, it will be because they got the Judge that rules against the NFL in all cases, or maybe one that is a big Pats fan.  If they get a reasonable, down the middle, Judge, they are in trouble.  

 

I think I heard one of the callers you are referring to.  What about the right to remain silent?  What about the right to a jury trial?  What about proof beyond a reasonable doubt?  These were the types of questions this bozo was asking.  I was waiting for him to argue that a 4-game suspension was cruel and unusual punishment, but, to my surprise, he stopped short of that.   

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I'm just sad they can only attack the league on procedure. I wish they could retry everything and subpoena all the information. Regardless, the longer this goes the worse that franchise looks........ which for years is all I wanted people to see

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He called a guy on a diet the deflater.  And expects the world to believe him.

 

Just like the hardest day in his parents life was when he was drafted to the NFL:

 

 

 

 

Tom Brady's parents are assholes and they raised an a$$hole. I hope they are proud. 

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Somebody should put together a top 10 list of their most ridicilous arguments since the investigation started

 

Starting with Brady's "This ain't ISIS, nobody is dying", to their explanation of the term "The Deflator", which meant this Jastremski guy or whoever trying to lose weight.

 

Don't know if a top 10 is enough there. Maybe could expand it to a top 50.

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Tom Brady's parents are assholes and they raised an a$$hole. I hope they are proud. 

 

Spoiled brat rich kid Cali fag who's biggest adversity in life was being drafted into the NFL.  

 

 

Somebody should put together a top 10 list of their most ridicilous arguments since the investigation started

 

Starting with Brady's "This ain't ISIS, nobody is dying", to their explanation of the term "The Deflator", which meant this Jastremski guy or whoever trying to lose weight.

 

Don't know if a top 10 is enough there. Maybe could expand it to a top 50.

 

That was the comment that answered everything you need to know about Tom Brady.  

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The "I didndo nuffin" excuse is laughable. *Pats fans are all lawyers and scientist and they all swear that Brady is going to "take down" Goodell in court. They refuse to acknowledge that he can't argue the punishment, just the process, which the NFLPA agreed on. 

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This is gonna be an entertaining season even if our QB situation doesn't improve (though it has to, right?). Thinking I may even get directtv to watch as many Pats games as possible.

1. To see how the depleted team does when not able to cheat and Brady is serving the suspension.

2. Then even better, we now get to see Brady get destroyed by 3 great defenses in the division.

I anticipate more crying to come.

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The "I didndo nuffin" excuse is laughable. *Pats fans are all lawyers and scientist and they all swear that Brady is going to "take down" Goodell in court. They refuse to acknowledge that he can't argue the punishment, just the process, which the NFLPA agreed on. 

 

Its gonna be so ******* funny when a judge throws the case out because Brady destroyed his phone. 

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This is gonna be an entertaining season even if our QB situation doesn't improve (though it has to, right?). Thinking I may even get directtv to watch as many Pats games as possible.

1. To see how the depleted team does when not able to cheat and Brady is serving the suspension.

2. Then even better, we now get to see Brady get destroyed by 3 great defenses in the division.

I anticipate more crying to come.

Think back to 2008 when Brady went down in game 1.. We had Favre and we lost the first game at home to Cassell 19-10 and needed overtime to beat them at Foxboro.. What will hurt the Pats the most IMO is the players they lost since after the Bowl.. I do agree Brady will have a problem with the Bill's,Jets and Fins D..

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Its gonna be so ******* funny when a judge throws the case out because Brady destroyed his phone. 

 

The Judge who was assigned to the NFL's Declaratory Judgment Action in the Southern District has already entered a scheduling order.  He is a former arbitrator and is a proponent of mediation.  Although I do not want to read too much into this, he looks like the type of guy who believes in alternative dispute resolution and is likely to be deferential to an arbitrator's ruling.  I will not be surprised if the NFLPA does everything it can to try to get away from this guy.

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the NFLPA isn't going after testimony, science or gas laws

 

they are going after due process and policies

 

I think this comes down to where it is heard.  the NFL filed first, in NY, and from what I heard they will get it heard in NY

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Think back to 2008 when Brady went down in game 1.. We had Favre and we lost the first game at home to Cassell 19-10 and needed overtime to beat them at Foxboro.. What will hurt the Pats the most IMO is the players they lost since after the Bowl.. I do agree Brady will have a problem with the Bill's,Jets and Fins D..

Yeah, those teams had a much better defense.  They lost some key plays on their D this off-season. 

 

But that offense outside of Gronk and Brady isn't all that impressive.  Pats go 1-3 if Brady's out.

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He will not admit to doing anything wrong,  just like Kraft and the whole organization- and you wonder why every other fanbase hates them

Seems like Brady will lie when the truth will do.

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Seems like Brady will lie when the truth will do.

What's stupid about the whole mess is in the 90's and before NFL QB's used to prep their game balls themselves.. Ray Lucas said he and Vinny used to take the game balls to the parking lot scuff them up and got them to a state they were happy with.. To me it's much ado about nothing if you don't have the talent a little less ball inflation won't all of a sudden make you a HOF QB..  I also think players should be allowed to do drugs as long as it doesn't affect their play on the field.. Funny thing they don't check for drugs during the season just the off season when players should be allowed to do what the hell they want IMO.. :animal0029:

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This is gonna be an entertaining season even if our QB situation doesn't improve (though it has to, right?). Thinking I may even get directtv to watch as many Pats games as possible.

1. To see how the depleted team does when not able to cheat and Brady is serving the suspension.

2. Then even better, we now get to see Brady get destroyed by 3 great defenses in the division.

I anticipate more crying to come.

 

 

This is something I use Sunday Ticket for besides watching the Jets. Can't bring myself to watch the Pats when they're winning. But I keep an eye on the score on the Game Mix channel. If I see they are getting pasted, then I can turn the game on. Hope that happens a lot this season.

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This is something I use Sunday Ticket for besides watching the Jets. Can't bring myself to watch the Pats when they're winning. But I keep an eye on the score on the Game Mix channel. If I see they are getting pasted, then I can turn the game on. Hope that happens a lot this season.

Yup. Unless it's been a prime time game or a playoff game, I've never just watched a normal Pats game. This season though? The idea of seeing Rex with an already great D, Suh stomping on whatever deflated balls Tommy has, and our sick D with the Sons of Anarchy + Williams destroy that little fairy, may just make me install the dish.

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