Tom Brady is an employee of the NFLPA which is governed by the NFL right? If they want to suspend him, they can. The NFLPA can appeal, which they did. They lost the appeal. The reasoning behind why they are suspending an employee is at the discretion of the NFL I assume?Originally Posted by pbmax
I think the latest bit that I posted about is going to hold water, and it's something I'm sure the NFL would prefer not be looked at - the employee didn't have knowledge of the rule that he broke, and couldn't obtain it if he tried. That breaks some labour laws; I don't know if the anti-trust stuff will trump that.
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Imagine for a moment a world without hypothetical situations...
In general, private employers don't need to follow exact strictures of the court system, but the spirit of the law. One example is deference to due process. The other is having an actual rule violation occur.
Since the only rule violation that has occurred has been the failure to turn over cell phone records, Roger has not made the case that Brady should be suspended when Brett "Houndley" Favre was fined for failing to comply with the Great Masseuse Investigation of 2013.
From earlier this thread:
Brady's case, as argued by the NFLPA, is being contested on five 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.” Covers phone cooperation.
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.
Brady's looking guilty, but nothing that can be proven. That's why destroying the phone was s good call. Other than two singular lies in his interview, the NFL can't prove he's done anything to break any of their rules.
I will once again go back to the point I always do in all of this, WHO CARES? Even had the footballs been fully inflated, assuming they weren't. the outcome would have been the same for Brady and the Pats. Would anyone give a shit, including the NFL had the Patriots went 2-14 last year?
BTW, even if you think I am off my rocker, remember this:
Ian Rapoport @RapSheet 19m19 minutes ago
Interesting. @judybattista says the sides were moving close to a 1-game suspension settlement. But Brady wanted records sealed. NFL wouldn’t
Judy Battista is a stenographer for the NFL, as the transcripts indicate the NFL wanted the records sealed.
Bud Adams told me the franchise he admired the most was the Kansas City Chiefs. Then he asked for more hookers and blow.
It's a rules violation, not a crime. The only crime is the time wasted talking about it.
You're just avoiding the question. What rule did Brady violate?
Wow, almost went full internet there, misspelling the contraction of you are. Might need to do some work now.
Bud Adams told me the franchise he admired the most was the Kansas City Chiefs. Then he asked for more hookers and blow.
"Since the only rule violation that has occurred has been the failure to turn over cell phone records..."
"Never, never ever support a punk like mraynrand. Rather be as I am and feel real sympathy for his sickness." - Woodbuck
Its like getting Capone over his tax records.
Bud Adams told me the franchise he admired the most was the Kansas City Chiefs. Then he asked for more hookers and blow.
I agree. Because in both cases they know the party in question violated rules/laws.
"Never, never ever support a punk like mraynrand. Rather be as I am and feel real sympathy for his sickness." - Woodbuck
Sometimes, Florio reminds me of why I read him in the first place:
http://profootballtalk.nbcsports.com...al-settlement/
A long time ago, when I was only practicing law and hadn’t practiced law for very long, a judge asked in a pretrial conference if my client would keep a settlement offer on the table for 24 hours, no matter how he ruled on a pending issue that could have delivered an outright victory to my client. I said, “But, Your Honor, if you rule in my favor, my client won’t want to settle at that point.”
The judge then shot me a glance that carried this message: Hey dumbass, that’s my message to the other guy that he’d better take the offer while he can.
So I agreed, and the other lawyer quickly took the offer.
Bud Adams told me the franchise he admired the most was the Kansas City Chiefs. Then he asked for more hookers and blow.
Was asked to turn over things, did not comply in full. Unless I am wrong about that. Frankly I'm just tired of hearing about the whole thing. I stopped watching any sort of sports news because this has sucked away a good deal of my interest in professional football.
That I agree with. But then it should be a fine. In Roger's appeal ruling, he now says Brady “‘knew about, approved of, consented to, and provided inducements’ in support of a scheme to tamper with the game balls used in the AFC Championship Game.”
So we are on the conspiracy phase of the charges, having let the physical evidence slide by.
Bud Adams told me the franchise he admired the most was the Kansas City Chiefs. Then he asked for more hookers and blow.
There is evidence that Brady knew about it, approved of it, consented to it and provided inducements -- even if it didn't happen (which seems unlikely given mysterious disappearance of the balls and the trip off camera). Is it enough evidence? I think so.
If you read the texts in plain context, and avoid conjuring up strange hypotheticals about deflating a person by losing weight, etc., the most logical thing to me is that Brady was offering signed merchandise, if not cash, in exchange for the use of a needle to deflate balls in a manner that was not within the rules (hence the need to provide compensation at all and the reference about not going to ESPN, yet...). In that context, does it really matter if the balls were actually deflated by a meaningful amount on that day?
This.
As a sad commentary on the media and my own state of mental health, PR is my primary source of Packers and NFL news.
Those two studies are enough to conclude that the NFL has no idea if anyone tampered with the ball. Any evidence that the Patriots were prepared to do so, withers on the vine of uncertainty.
You cannot claim there has been a homicide, investigate, find many circumstantially interesting pieces of evidence (gun, missing gun, ammo, shells, opportunity, motive) and then convict for murder if the forensic examiners cannot prove the deceased died because of a bullet.
Bud Adams told me the franchise he admired the most was the Kansas City Chiefs. Then he asked for more hookers and blow.
This isn't a criminal proceeding.
For PB, the HSL report needed to wet the balls before getting in the realm of possibility; however, nothing in their report mentions the humidity of the rooms in question. It is likely that they completely over looked this aspect and that the balls were cooled below the desired temperature through evaporative cooling. Accordingly, it is quite possible that the HSL results support tampering.
The AEI report made a number of assumptions as to the order of the testing, the timing of the testing and the amount of warming up, but even then they could not rule out deflation. They were successful, to me, in refuting the strong inference in the Wells report, but not in establishing that there was NO PHYSICAL EVIDENCE FOR DEFLATION. They offered a plausible theory that was consistent with there being no deflation.
The burden of proof has to rest on the party making the charge, at least in regard to the nature of the crime. The lack of records (no numbering on balls, no pre-game inflation recorded), no record of the order in which the balls were measured and re-inflated at halftime, should reflect on the uncertainty of the underlying charge.
Not the weakness of the arguments mustered against it.
Bud Adams told me the franchise he admired the most was the Kansas City Chiefs. Then he asked for more hookers and blow.
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