Brady 4 Game Suspension Upheld

[pbmax]

...

But, the evidence is still there to suggest that the balls were tampered with and Brady was encouraging it.

I agree that those text messages look like something that is not above board. More than likely, the Pats had tried to develop some system for "correcting" wrongly inflated balls. Remember those text messages refer to Brady being incensed about a 16 PSI beachball? The refs found some of the Pats balls lower than 12.5 and over-corrected.

And let's think about this logically. If the goal is to get the balls as low as possible, then this situation of ref correction is extraordinarily likely to happen. Rodgers described the same situation in reverse, that he would ask the equipment guys to get as close to 13.5 without going over. Because if you get out of spec, you have lost control over the eventual pressure of the ball as the refs will correct it.

This is something that competent administrators would work through. If there is something amiss, what is the corrective measure? I doubt the answer to this question in the manual is to make it 2.5 PSI above the legal limit. BTW, this is a sign of exactly how unimportant the NFL saw this issue until the Ravens and Colts came bellyaching to a former Jets official in the League office. This is why a patient and non-maximalist approach should always be preferred. Prior to the game the only people that cared about this were QBs and 3 officials that were pissed at the Patriots handing them their hat for over a decade now. Goodell, reacting like bad news is a mallet to his patellar tendon, was now chasing leaked false info. And that info was about an issue that did not affect the outcome of the game. It just pissed off three opponents.

I maintain the next likeliest scenario is that this was ALL about pre-inspection ball prep. You have to be careful to go low as you can without raising a red flag with the refs. That limits what you can do pre-game.

Third most likely, as no other ref has reported the game balls went missing before a game, is that the events of this playoff game were an anomaly. So if the Patriots text messages (from earlier in the season) are an indication of an illegal scheme, it most likely happened on the sideline, not during transport while the refs were there.

[sharpe1027]

OK, but if they did it on the sidelines or they did it in the bathroom, it is the same result and they are equally culpable. Further, even if you are correct that they were doing it on the sidelines previously, it seems like they came up with a better plan - grab the balls and do it somewhere private. It seems pretty risky to do it in full sight of fans and the other team.

Your second scenario is at odds with several of the text messages, but I admit that it is possible.

Your conjecture about Rodgers is not accurate from the quotes I read. Rodgers was fine with if they happened to go over the limit. That was what the "no fair" complaints from the Pats fans started from.

Agreed that the NFL could have done any number of things better in their handling of the situation.

[pbmax]

Rodgers admitted that if they went over (and he did say he was fine if they went just over the 13.5 line, to the next hash) they ran the risk of the Refs intervening and undoing their "hard" work.

The ball boys are always rearranging the balls, into and out of the case they are in. They have towels and are always rubbing them down. It could be done on sidelines. Riskier, however, because you could get caught on camera with this method.

Bathroom break makes sense, but after NFL and Wells investigated for 4 months, they came up with not another instance where the balls went missing before the game. And you KNOW they asked the Head Ref for each Patriot game that year. That is why the bathroom break seems like such an outlier. So rare it has to be unrelated.

[sharpe1027]

Valid point on it looking like an outlier. One thing to consider is that memory is a tricky thing, that we all tend to believe is better than it truly is. If it was not on their radar to watch for missing balls before the game, I think that it is extremely unlikely they would remember it happening weeks or months after-the-fact.

It does not have to be unrelated.

By the way, the fact that the balls are constantly being dried and rubbed down is something neither of the post-Wells reports considered. They assumed that the balls were unprotected from the rain. Is that really a valid assumption?

[pbmax]

I'd buy the under the radar thing, but the Ref (Walt Anderson) it happened to for the Colts game said it has never happened to him before. So I am thinking they would remember such an unusual circumstance.

[wpony]

I have not commented on this yet because I am so sick of this topic but here goes from someone that really does not like the pats or Brady so here goes do I think Brady did something wrong or had some one do it for him yes, do I think he destroyed his phone so they couldnt see the texts yes, I also think he is lieing to Kraft so he has him backing him up but do I think that the punishment is over the line yes I do , I think Godel is finally so fed up with the Pats breaking the rules or just right to the point of them that he has had it and trying to make a point of it and say no more will be tolerated . I am also sure he has teams agreeing with him or he probably would have backed down but there has been a good amount of teams blaming the Pats for cheating on one thing or another and have been proven right and old roger just slapped them on the wrist and now he has egg on his face for letting them get away with thing in the past do I think its fair to punish them for previous infractions no but no matter what happens he has sent all the teams a message that the cheating for all the teams is stopping now.

[NewsBruin]

Edit: I'm just frustrated that the punishment can be set for an infraction that changes when the previous infraction can't be proven in a year where punishments can be stiffened after older policies were discarded for not being tough enough.

I think that sets up a chilly world for any NFL player that the hammer can be dropped on them for any reason or no reason or different reason or angry outsiders's protests.

[pbmax]

Judge overturned the 4 game suspension.

EDIT: Word is suspension was "nullified". It could still be sent back for an lower level decision under new guidelines or the Judge could order new talks.


The Associated Press ‏@AP 9m9 minutes ago
BREAKING: Tom Brady beats NFL in 'Deflategate' court case, judge nullifies league's 4-game suspension.

[smuggler]

A victory for law, or a defeat for justice? Both?

[pbmax]

Its a procedural ruling. Failure to serve notice of changes to policies and lack of availability of discovery materials (it would not be called that in a CBA appeal) and the investigators. As frustrating as this is (personally I would prefer a debate on the PSI numbers and an investigation into the Brady text messages that they chose not to recover), this was completely avoidable.

The Judge even quotes Tagliabue about Goodell the lack of previous suspensions for being uncooperative with an investigation. The NFL can get everything it seems to want here, all it needs is to serve notice first. This is what I cannot understand about Goodell's approach.

BTW, the Judge offered no opinion on the appropriateness of a Commissioner being the final arbitrator.

The suspension was "premised upon several significant legal deficiencies," Berman wrote in his opinion, noting that an arbitrator's factual findings are generally not open to judicial challenge.

Berman's ruling does not necessarily end the dispute. The league can appeal. Neither side's top lawyer immediately responded to an email seeking comment.

The judge said Brady had no notice he could receive a four-game suspension for general awareness of ball deflation by others or participation in any scheme to deflate football and for not cooperating with an investigation.

"Brady also had no notice that his discipline would be the equivalent of the discipline imposed upon a player who used performance enhancing drugs," Berman said.

Brady was also denied equal access to investigative files, including witness interview notes, and didn't have a chance to examine one of two lead investigators, the judge said.

http://pro32.ap.org/article/judge-le...fl-deflategate

[pbmax]

Football Perspective ‏@fbgchase 30m30 minutes ago Manhattan, NY
Bob Costas is hyperventilating right now thinking about his opening night monologue

[pbmax]

Nice case for the fact that PSI measures at halftime DID show that the Pats balls were tampered with, though the strength of the finding is diminished by having only 4 Colts balls tested.

The link would help, huh? http://www.footballperspective.com/t...f-deflategate/

[pbmax]

Jets and Jay Feely make an appearance.

ProFootballTalk ‏@ProFootballTalk 41s42 seconds ago
Judge Berman cites Jets K-ball case in ruling wiping out Brady's suspension http://wp.me/p14QSB-9Qcd

Here is the entire 40 page ruling.

http://t.co/ivxxw9HwjE

[Rastak]

Not upheld anymore.

Federal judge who ESPN legal analyst said had zero chance of overturning the suspension has done just that, as I expected.


"The suspension was "premised upon several significant legal deficiencies" including the failure to notify Brady of potential penalties, Berman wrote in his opinion, noting that an arbitrator's factual findings are generally not open to judicial challenge.

"Because there was no notice of a four-game suspension in the circumstances presented here, Commissioner Goodell may be said to have 'dispensed his own brand of industrial justice,'" Berman wrote, partially citing wording from a previous case."


And that is my problem with Goodell. He completely ignores the rule of law routinely. Case after case after case. Abritration awards are rarely overturned by courts. Very rarely. This pea brain has it happen routinely.




edit: Thanks for link PB.

[Guiness]

This is essentially what I expected would happen.No judge would sign off on how this was handled.

When the league's/Goodell's procedure was held to the light of day, there was no way it stand up. Any sort of rule of law view of the whole process would find all sorts of issues. I don't remember what it was, but part of the reason for the punishment was a rule that Brady broke that was no documented in anything he had access to?

The best parallel I can draw is that Goodell acted as if the anti-trust exemption the league enjoys for TV rights also applies to its disciplinary process.

[smuggler]

Brady is a cheater and everyone knows it, but he gets to hold up a hand with a single finger extended adorned with four rings and smugface a 'fuck you' to doodletwat Goodell.Everybody wins?

[Rastak]

Brady is a cheater and everyone knows it, but he gets to hold up a hand with a single finger extended adorned with four rings and smugface a 'fuck you' to doodletwat Goodell.Everybody wins?

He and thousands of other players. Jerry Rice and stickum come to mind. Feeley and kicking balls mentioned in the ruling. Panthers last year warming up footballs by the heater which prompted a warning to both the Vikings and the Panther to cease and desist. I have to admit I'm far less outraged than you. The whole spygate thing bothered me alot more.

I can picture Brady brow beating those two morons telling them to make sure the balls come in as soft as they can then these dummies went and let the air out.

If Brady specifically said "Go let the air out" I'd still not be outraged. It's stupid as hell in the first place that teams supply the balls and pick the air pressure range. Make 'em all 13 and make both teams use the same balls and the NFL officials bring them to the games. Problem solved.

[Rastak]

This is essentially what I expected would happen.No judge would sign off on how this was handled.

When the league's/Goodell's procedure was held to the light of day, there was no way it stand up. Any sort of rule of law view of the whole process would find all sorts of issues. I don't remember what it was, but part of the reason for the punishment was a rule that Brady broke that was no documented in anything he had access to?

The best parallel I can draw is that Goodell acted as if the anti-trust exemption the league enjoys for TV rights also applies to its disciplinary process.

Judge Doty asked him if he had even read the CBA which I thought was funny.

[sharpe1027]

The NFL might appeal, even if they don't (or lose on appeal), they might come back with a fine and Brady appeals the fine.

This is likely to drag on and we all lose for having to hear more about it for the next year+. Nobody wins.

[Rastak]

The NFL might appeal, even if they don't (or lose on appeal), they might come back with a fine and Brady appeals the fine.

This is likely to drag on and we all lose for having to hear more about it for the next year+. Nobody wins.

Now that we can agree on. I wish they'd just fix their procedural problems behind the scenes and move on.