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Appelas Judge: Brady's defense "ridiculous" and "made no sense whatsoever"


AFJF

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http://www.nydailynews.com/sports/football/appeals-judges-question-tom-brady-deflategate-defense-article-1.2552010

*Appeals

What a deflating experience!

A lawyer for Tom Brady faced withering questioning at the 2nd Circuit Court of Appeals Thursday as three judges considered whether to reinstate the star quarterback’s four-game suspension for deflated footballs.

The latest chapter in the bizarre Deflategate saga came as attorneys for Brady and the NFL debated whether Manhattan Federal Court Judge Richard Berman ruled correctly that Brady’s due process rights were violated by NFL Commissioner Roger Goodell.

Judge Denny Chin said that Brady’s explanation for destroying his cellphone — which the NFL suspected held texts regarding the deflated footballs — was “ridiculous” and “made no sense whatsoever.”

The evidence against Brady was “compelling, if not overwhelming,” Chin said.

Neither Goodell or Brady attended the hearing.

 

Following an investigation, Goodell suspended Brady four games for being “generally aware” of a football-deflation scheme in the AFC Championship Game pitting the Indianapolis Colts against the New England Patriots in January 2015.

Berman tossed the suspension in September, finding that Goodell had run a rigged inquiry into the alleged scheme in which Brady was denied the chance to question a top league investigator and examine files.

“Commissioner Goodell may be said to have dispensed his own brand of industrial justice,” Berman wrote, calling parts of the NFL probe “fundamentally unfair.”

The decision amounted to a huge defeat for Goodell, who at the time was still reeling from criticism for his handling of the Ray Rice domestic violence case.

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Now, it's a matter of principal.  I don't care about the suspension.  Do you let the cheating, lying scumbag off the hook or do you reverse the District Courts absurd decision? I just want to hear that Brady's arrogant "Fock you" behavior (both beofre and during the investigation) is worthy of scorn and punishment.   Because it was.  The District COurt judge was a colossal idiot and doesn't understand the terms of the CBA and what the players' union agreed to.

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Sure glad to see at least one of the appellate judges seems to get it. Living in New England it has been downright discouraging seeing all the opinion pieces that the case against Brady was junk. But I understand you really can't tell how a judge is thinking just from the manner of questioning. It's too bad we may be waiting another 3 months to see the decision.

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1 hour ago, AFJF said:

Following an investigation, Goodell suspended Brady four games for being “generally aware” of a football-deflation scheme in the AFC Championship Game pitting the Indianapolis Colts against the New England Patriots in January 2015.

Berman tossed the suspension in September, finding that Goodell had run a rigged inquiry into the alleged scheme in which Brady was denied the chance to question a top league investigator and examine files.

“Commissioner Goodell may be said to have dispensed his own brand of industrial justice,” Berman wrote, calling parts of the NFL probe “fundamentally unfair.”

 

You know what, so what if he "dispensed his own brand of justice". The NFL is not a court, he is the commissioner and basically isn't it whatever he decides, goes? Isn't it his job to decide these things according to the NFL's guidelines, not some rule of law? This should never even have been allowed to be taken to a court of law.

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24 minutes ago, Xtina said:

You know what, so what if he "dispensed his own brand of justice". The NFL is not a court, he is the commissioner and basically isn't it whatever he decides, goes? Isn't it his job to decide these things according to the NFL's guidelines, not some rule of law? This should never even have been allowed to be taken to a court of law.

Yea, read the CBA....this will save you time from writing all this.....

 

 

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6 hours ago, jetscrazey said:

whatever, Brady has over 6 months to appeal it enough times, find the right judge, and get it overturned.  I'll believe it when I see it.

wut?

The only appeal possible after the 2nd Circuit Court of Appeals renders its decision is the Supreme Court. 1st they'd have to petition SCOTUS to grant a Writ of Certorari. SCOTUS rejects about 98% of them so basically this is likely the last and/or highest judicial stop for this melodrama.

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26 minutes ago, Dcat said:

wut?

The only appeal possible after the 2nd Circuit Court of Appeals renders its decision is the Supreme Court. 1st they'd have to petition SCOTUS to grant a Writ of Certorari. SCOTUS rejects about 98% of them so basically this is likely the last judicial stop for this melodrama.

This. I can't see the Supreme Court granting cert on this nonsense. I'd at least hope they'd have more important cases to hear with their time.

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45 minutes ago, Dcat said:

wut?

The only appeal possible after the 2nd Circuit Court of Appeals renders its decision is the Supreme Court. 1st they'd have to petition SCOTUS to grant a Writ of Certorari. SCOTUS rejects about 98% of them so basically this is likely the last and/or highest judicial stop for this melodrama.

LOL can you imagine, the SCOTUS hearing a case about Tom Brady deflating footballs. It's already gone from the sublime to the ridiculous 

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9 hours ago, Maxman said:

It is going to be so much fun when Brady gets suspended.

Yea cause then, you guys actually might have a chance

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

of being talked about.

oh wait nevermind, the Giants still play in New York too.

 

actually going by last year, you guys need to worry about buffalo, figure out how to beat them first..you at least beat the pats once.

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9 minutes ago, ghost_in_pads02 said:

Yea cause then, you guys actually might have a chance

of being talked about.

oh wait nevermind, the Giants still play in New York too.

actually going by last year, you guys need to worry about buffalo, figure out how to beat them first..you at least beat the pats once.

Great attempt at deflection.  You get an A+ from Boston Troll Kolledge for the effort, but ultimately everyone other than you blind homers in denial will concede that Brady lies and cheats, that he is a fraud and a phony and that the Pats last decade or more is founded on cheating.

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Its pretty amazing to me how little posters on here understand the legal system.

"he will find another judge, duh."   Does not work that way.  This is it and its a three person panel that will deside.   If they think that the lower judge (that seems to have been a friend of Krafts) made an incorrect decision then they will over turn it.  It appears that is exactly what is going to happen. 

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14 minutes ago, ghost_in_pads02 said:

Yea cause then, you guys actually might have a chance

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

of being talked about.

oh wait nevermind, the Giants still play in New York too.

 

actually going by last year, you guys need to worry about buffalo, figure out how to beat them first..you at least beat the pats once.

Good try, good effort.

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27 minutes ago, ghost_in_pads02 said:

Yea cause then, you guys actually might have a chance

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

of being talked about.

oh wait nevermind, the Giants still play in New York too.

 

actually going by last year, you guys need to worry about buffalo, figure out how to beat them first..you at least beat the pats once.

Speaking of the Giants have you figured out how to beat 9-7 and 10-6 teams in the Super Bowl yet??

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10 hours ago, Dcat said:

wut?

The only appeal possible after the 2nd Circuit Court of Appeals renders its decision is the Supreme Court. 1st they'd have to petition SCOTUS to grant a Writ of Certorari. SCOTUS rejects about 98% of them so basically this is likely the last and/or highest judicial stop for this melodrama.

Not entirely true. The Second Circuit could remand the case to the district court and an appeal could be filed following the district court's second pass at the case. The yo-yo between trial and appellate court is a large part of why some cases take years to resolve.

I agree SCOTUS likely would not grant cert here because the case law here is fairly well settled among the circuits and the subject matter is not so relevant to the nation that SCOTUS would take the case purely on its substance.

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3 minutes ago, rex-n-effect said:

Not entirely true. The Second Circuit could remand the case to the district court and an appeal could be filed following the district court's second pass at the case. The yo-yo between trial and appellate court is a large part of why some cases take years to resolve.

I agree SCOTUS likely would not grant cert here because the case law here is fairly well settled among the circuits and the subject matter is not so relevant to the nation that SCOTUS would take the case purely on its substance.

Yes, I considered the remand, which is why I said the 2nd Circuit would be the last and/or the highest court that would hear this case.  My point was that the 2nd Circuit Ct of App will likely be the final say and not SCOTUS.  

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16 hours ago, Xtina said:

You know what, so what if he "dispensed his own brand of justice". The NFL is not a court, he is the commissioner and basically isn't it whatever he decides, goes? Isn't it his job to decide these things according to the NFL's guidelines, not some rule of law? This should never even have been allowed to be taken to a court of law.

Yeah, there is the thing called a CBA and as the Rice case showed, he cannot do whatever he wants.

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5 minutes ago, rex-n-effect said:

Not entirely true. The Second Circuit could remand the case to the district court and an appeal could be filed following the district court's second pass at the case. The yo-yo between trial and appellate court is a large part of why some cases take years to resolve.

I agree SCOTUS likely would not grant cert here because the case law here is fairly well settled among the circuits and the subject matter is not so relevant to the nation that SCOTUS would take the case purely on its substance.

I don't see this case being remanded because of how the panal seems to be commenting on the lower courts judgement.  You never know in the cases but also because of the timeline of another season I think they make a final decision.

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