I'm waiting for the Trump connection to come out.
This is a stupid video, do not watch.
This is now officially ugly. Leaking that Brady smashed his phone was nasty.
But it's not over 'till Brady says it's over. Goodell may wake up next to his horse's severed head.
I'm guessing this will be the crux of his defense in court.“I also disagree with yesterday’s narrative surrounding my cellphone,” Brady wrote. “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."
The NFLPA won the last case (don't remember which player) on a due process claim. Employers are not obligated to follow due process exactly as it applies to the Court system, but they must follow the spirit of the law. If Brady was not granted access to documents and witnesses, they'll argue that as well.Originally Posted by Joemailman
Last edited by pbmax; 07-29-2015 at 09:06 AM.
Bud Adams told me the franchise he admired the most was the Kansas City Chiefs. Then he asked for more hookers and blow.
Brady on what documentation they turned over:
http://profootballtalk.nbcsports.com...nothing-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 was under the impression that cell phone companies kept data longer than that, but perhaps not for months.
But the question remains, did Brady destroy evidence or did the NFL simply leak that action to help sway the public to their side?
Bud Adams told me the franchise he admired the most was the Kansas City Chiefs. Then he asked for more hookers and blow.
Well, he obviously didn't write that himself, and I think he speech writer took the same classes as Alex Rodriguez's, cause as I'm reading it I swear I've heard it before. Anyways, quite a mess.
Has an individual player sued the NFL before? I don't remember ever seeing it happen.
--
Imagine for a moment a world without hypothetical situations...
What Brady offered, but was declined by the NFL:
http://profootballtalk.nbcsports.com...text-messages/Specifically, it can be found at footnote 11 on page 12 [of NFL statement upholding suspension]: “After the hearing and after the submission of post-hearing briefs, Mr. Brady’s certified agents offered to provide a spreadsheet that would identify all of the individuals with whom Mr. Brady had exchanged text messages during [the relevant time] period; the agents suggested that the League could contact those individuals and request production of any relevant text messages that they retained. Aside from the fact that, under Article 46, Section 2(f) of the CBA, such information could and should have been provided long before the hearing, the approach suggested in the agents’ letter — which would require tracking down numerous individuals and seeking consent from each to retrieve from their cellphones detailed information about their text message communications during the relevant period — is simply not practical.”
Bud Adams told me the franchise he admired the most was the Kansas City Chiefs. Then he asked for more hookers and blow.
Brady may face uphill battle on cell phone destruction if this anonymous lawyer is right:
http://www.atlredline.com/no-destroy...kay-1720689663
He is required to preserve evidence, even in anticipation of civil litigation is that litigation is reasonably foreseeable:
Apparently, this lawyer is not anonymous:In Brady’s case, his or the NFLPA’s attorneys will have to argue that litigation was somehow not reasonably foreseeable or anticipated despite every sports show talking head predicting that this situation would end up in court from the first day of the scandal. It seems highly implausible that a reasonable person in Brady’s situation would not foresee litigation and not think to preserve a cellphone after receiving multiple prior requests for it.
In addition, Federal Rule of Civil Procedure 37(e) states that:
Absent exceptional circumstances, a court may not impose sanctions under these rules on a party for failing to provide electronically stored information lost as a result of the routine, good-faith operation of an electronic information system.
Once again, Brady will try to argue that he routinely destroyed cell phones and that it was a giant coincidence that he happened to get rid of thousands of relevant messages on the same day investigators interviewed him.
Steve Silver is the founder of TheLegalBlitz.com. He is a former sports reporter for the Las Vegas Sun and is now a lawyer in Philadelphia. You can reach him at steve@thelegalblitz.com or on Twitter @thelegalblitz.
Bud Adams told me the franchise he admired the most was the Kansas City Chiefs. Then he asked for more hookers and blow.
Robert Kraft:
If the NFL had been given the cell phones of Patriots employees Brady had corresponded with, I'm wondering why they needed Brady's cell phone."Yesterday's decision by Commissioner Goodell was released in a similar matter, under an erroneous headline that read: 'Tom Brady destroyed his cell phone,'" he said. "This headline was designed to capture headlines across the country and obscure evidence regarding the tampering of air pressure in footballs. It intentionally implied nefarious behavior and minimized the acknowledgement that Tom provided the history of every number he texted during that relevant time frame and we had already provided the league with every cell phone of every non-NFLPA employee that they requested, including head coach Bill Belichick."
Burners and personal phones. They know the texts from his old cell to the numbers they have in their possession, but he could have been communicating to phones the NFL is unaware of.
Its really second level stuff. And that's why I think the NFL leaked it, because it looks like tampering with evidence (may indeed be) even if the likelihood of pertinent data on it was low.
Bud Adams told me the franchise he admired the most was the Kansas City Chiefs. Then he asked for more hookers and blow.
Brady provided list of calls and texts made by Brady over the destroyed phone. NFL thought it not practical to contact each of 10,000 total communications, but ...
http://www.cbssports.com/nfl/writer/...cience-is-junkYee said that of the parties pertinent or potentially pertinent to this case, there were just 10 teammates, two current coaches, five former teammates, one NFL Network employee, five members of New England's "front office" and five other Patriots' employees who had phone or text contact with Brady (which brings the total number to 28).
Brady is an idiot. Goodell is a weasel.
Last edited by pbmax; 07-29-2015 at 04:49 PM.
Bud Adams told me the franchise he admired the most was the Kansas City Chiefs. Then he asked for more hookers and blow.
I'm starting to think this suspension has less to do with Brady's supposed involvement with deflating footballs and more to do with sending a message to NFL players that when the NFL asks for your personal information you had better provide exactly what they ask for. Or else.
HOFer
All of this crap just leads me to believe that the next CBA agreement is going to involve a LENGTHY holdout by the players...because Goodell's heavy handed and confusing way of dealing out punishment is not winning over the players.
It's such a GOOD feeling...13 TIME WORLD CHAMPIONS!!
I'd say +1...but they really seemed lined up to hold out this past time and caved at the 11th hour. I think the nature of the sport - young man's game, outside of QB's a very limited amount of earning years and fungibility of the journeymen class player, a new crop of players available every 12 months, really lowers the possibility of the union putting up a good fight.
--
Imagine for a moment a world without hypothetical situations...
ProFootballTalk @ProFootballTalk 9h9 hours ago
Tom Brady's agent tells @tomecurran that NFL's shift in message to "destroyed" cell phone was expected http://wp.me/p14QSB-9Ouc
I suggest you read it. Because while there are some good nuggets of info, the word tortured does come to mind.
Bud Adams told me the franchise he admired the most was the Kansas City Chiefs. Then he asked for more hookers and blow.
Tom Curran writes that the man who seems responsible for initiating the investigation of the Patriots for deflate gate was a Jets employee until Eric Mangini was hired as head coach.
http://www.csnne.com/new-england-pat...ategate-source
Bud Adams told me the franchise he admired the most was the Kansas City Chiefs. Then he asked for more hookers and blow.
Albert Breer @AlbertBreer
From Brady suit: "The purportedly independent Wells Report was edited by Pash, the NFL's General Counsel, before its public release."
Bud Adams told me the franchise he admired the most was the Kansas City Chiefs. Then he asked for more hookers and blow.
Looks to me like the NFL wins this one. The union's primary argument is that the arbitrator is biased. Arbitrator was agreed upon by the league and Brady via the CBA long ago. Doty would have gone against legal precedent to help out the labor, but the NY judge probably won't. Brady agreed to binding arbitration AND agreed to having it be levied by Goodell. He should have taken a deal. He's toast.
The NFLPA has won the last two battles over Personal Conduct because of due process, not bias. For Rice, the Judge (not Doty) ruled that Commissioner Hairbrain was not lied to, but failed to understand what a punch might mean in the context of domestic violence. Without the video, he failed to imagine that it could be as severe as the video indicated. The Judge found this failure of comprehension to be consistent with the NFL's admitted failure to take the issue seriously, resulting in the new Policy.
The also lost on a second angle with Rice when they got stopped from applying a new rue after the fact.
Doty found that the same rulings applied to Peterson.
Brady's case, as argued by the NFLPA, is being contested on four points:http://profootballtalk.nbcsports.com...-in-minnesota/
1. Players advance notice of potential discipline. “Brady had no notice of the disciplinary standards that would be applied,” the petition says at page 3, “and no notice of the potential penalties.”
2. The league and the NFLPA collectively bargained the punishment for “alleged equipment tampering by players,” and that the NFL was not permitted to disregard those provisions without advance notice.
3. The petition likewise explains that the “Competitive Integrity Policy” was “never given” to players, and that it specifically applies only to teams, not to players.
4. A fine is the only penalty that has ever been upheld in such circumstances.” (In 2010, Brett Favre was fined $50,000 for failing to cooperate with an investigation regarding allegations that he texted inappropriate photos to a Jets employee.)
5. The petition claims that the discipline violates the “law of the shop” that requires fair and consistent treatment of players by basing Brady’s discipline on air-pressure tests that “did not generate reliable information,” and that the arbitrator (Commissioner Roger Goodell) was “evidently partial.”
Regarding #3, a Jets player, a kicker, was not subject to punishment despite being generally aware of tampering with the K balls by the Jets equipment staff in 2009.
Bud Adams told me the franchise he admired the most was the Kansas City Chiefs. Then he asked for more hookers and blow.
Doty's rulings were contrary to legal precedent and taken to higher court to continue litigation. The league and Goodell pooped thw bed with Rice's case, but it doesn't have any bearing on the Brady case, as far as I can see.
You might be able to find one or some of his rulings that the NFL claims were contrary to legal precedent, but not Peterson's.
The 16-page ruling from Judge David Doty that reinstates Vikings running back Adrian Peterson turns on one fairly simple conclusion: The NFL cannot apply its new personal conduct policy retroactively.
“There is no dispute that the Commissioner imposed Peterson’s discipline under the New Policy,” Judge Doty wrote. “It is also undisputed that in the [Ray] Rice arbitration, the hearing officer unequivocally recognized that the New Policy cannot be applied retroactively, notwithstanding the Commissioner’s broad discretion in meting out punishment under the CBA. . . . Consistent with that recognition, the Commissioner has acknowledged that he did not have the power to retroactively apply the New Policy: ‘The policy change was forward looking because the League is “required to provide proper notice.”‘ . . . Yet, just two weeks later, the Commissioner retroactively applied the New Policy to Peterson.”
In other words, Judge Doty concluded that the NFL was making it up as went along.
Bud Adams told me the franchise he admired the most was the Kansas City Chiefs. Then he asked for more hookers and blow.
Posting Permissions
Reply With Quote