Tom Brady/NFLPA Sue NFL In Federal Court

[Parliament10]

Roger Goodell upholds Tom Brady suspension
By Gregg Rosenthal | Around The NFL Editor | Published: July 28, 2015

http://www.nfl.com/news/story/0ap3000000504258/article/roger-goodell-upholds-tom-brady-suspension
The full final decision from Goodell can be read here, although it doesn't necessarily end this saga. NFL Media Insider Ian Rapoport reported Tuesday that Brady will sue. They will seek an injunction on this suspension to try to keep Brady on the field.

Goodell indicated that Brady's destruction of evidence was a factor in upholding the suspension.

"The most significant new information that emerged in connection with the appeal was evidence that on or about March 6, 2015 -- the very day that was interviewed by Mr. Wells and his investigated team -- Mr. Brady instructed his assistant to destroy the cellphone that he had been using since early 2014, a period that included that AFC Championship game and the initial weeks of the subsequent information," Goodell wrote in the final decision on the appeal.





http://www.nydailynews.com/sports/football/goodell-uphold-tom-brady-4-game-ban-report-article-1.2306506
Citing information that Tom Brady destroyed possible evidence in the NFL’s long investigation into Deflategate, Commissioner Roger Goodell Tuesday upheld the four-game suspension imposed on Patriots quarterback for his role in the deflating of footballs used in the AFC Championship Game in January.

Goodell released the opinion Tuesday afternoon informing Brady that his appeal had been denied, emphasizing new information disclosed by Brady and his representatives in connection with the hearing.

Brady and the NFL Players Association are expected to file an injunction that would stay the suspension as the case heads to federal court. If the junction is granted, Brady would likely play the first game of the season.

[Berkcelt]

Does the phone thing have any actual significance in the injunction and subsequent hearing that the NFLPA wants to bring to federal court? I was under the impression it wouldn't — EDIT: the impression that it wouldn't when it was just him not handing over anything on it, as opposed to "destroying" it.

Also does anyone know if there's anyway the NFL's so-called "pre-emptive strike" to get a confirmation hearing (?) in NY could backfire on them?

[Froob]

Does the phone thing have any actual significance in the injunction and subsequent hearing that the NFLPA wants to bring to federal court? I was under the impression it wouldn't — EDIT: the impression that it wouldn't when it was just him not handing over anything on it, as opposed to "destroying" it.

Also does anyone know if there's anyway the NFL's so-called "pre-emptive strike" to get a confirmation hearing (?) in NY could backfire on them?

From what I've read, no it does not. It was a personal phone not a work phone. Meaning the NFL had absolutely no right to it under the CBA. Also, Brady provided all the phone records the NFL requested (and in the Wells report Goodell said he would have been satisfied with phone records and not the physical phone). Brady also provided a spreadsheet with all the people he texted and their contact information and the NFL didn't bother to use it. Can't say much on the pre-emptive strike. Hope it gets to Minnesota because they hate Goodell there (and for good reason).

[sully00]

There are a ton of issues with the what the NFL has done here that Brady can bring to court. This is simply a collective bargaining agreement issue. The league has specific rules and penalties for the violation described. They have chosen to go above and beyond those penalties by a lot. I don't really know how the conversation goes beyond that in a court of law. They don't even have evidence that he is guilty of it.

You have to love the concept of Goodell and the NFL forcing Tom Brady into the hands of the NFLPA. I think the they will go through with going after who Goodell spoke with about the Brady suspension including their cell phones and phone records let the NFL fight it.

[Captain_Caveman]

I think the NFL knows they will lose but didn't want to appear that they are caving on this. So they delayed as long as possible in order to hope that Brady serves some or all of his time before the case is heard. At that point, who cares if the suspension is rescinded? At the least, it is a **** you, as Brady now has to risk losing more meaningful games later in the year and potentially the playoffs.

For their part, the NFLPA seems confident in their case if they in fact rejected a reduction to two games. And why not? The Wells Report is shoddy and

Also agree with Froob and Sully here. Work phone would be one thing, but you can't compel someone to give up their own personal cell phone to incriminate themselves. As to going above and beyond their own written penalties, Brett Favre got a $50k fine for not doing the same a couple of years ago, and Chargers got a $25k fine for wiping down balls with stickum a couple of years ago.

The league is treating this as a 2nd offense or whatever, but the thing there is, while they may partially justify the penalties the team got wrt SpyGate being a prior, Brady doesn't have a first offense. He's not a repeat offender.

The NFL is incompetent, petty, illogical and worst of all, spineless. I bet they get their stools pushed in here.

[Geoffrey P]

Ah the NFL. Where they put more effort into proving that Brady deflated balls (which there still has been no evidence of whether you like it or not) than dealing with someone who beats the **** out of their own wife, DUIs, etc.. Gotta love it.

[sully00]

I think the NFL knows they will lose but didn't want to appear that they are caving on this. So they delayed as long as possible in order to hope that Brady serves some or all of his time before the case is heard. At that point, who cares if the suspension is rescinded? At the least, it is a **** you, as Brady now has to risk losing more meaningful games later in the year and potentially the playoffs.

For their part, the NFLPA seems confident in their case if they in fact rejected a reduction to two games. And why not? The Wells Report is shoddy and

Also agree with Froob and Sully here. Work phone would be one thing, but you can't compel someone to give up their own personal cell phone to incriminate themselves. As to going above and beyond their own written penalties, Brett Favre got a $50k fine for not doing the same a couple of years ago, and Chargers got a $25k fine for wiping down balls with stickum a couple of years ago.

The league is treating this as a 2nd offense or whatever, but the thing there is, while they may partially justify the penalties the team got wrt SpyGate being a prior, Brady doesn't have a first offense. He's not a repeat offender.

The NFL is incompetent, petty, illogical and worst of all, spineless. I bet they get their stools pushed in here.

The other issue is that they are going into a court where Goodell is a multi time offender as far as abusing his power in their eyes. So the first step is getting an injunction so that Brady can play while the case is pending. The preemptive court case is wild it is basically saying we know we violated the CBA again and where going to get sued but we would like it to happen in NY so we don't have to travel to MINN to get yelled at.

At this point I think it is time for Kraft to pull up his pants a little bit. He rolled over for whatever reason and it was probably good but now is the time push back a little. He should tell the Commish he isn't welcome at Gillette for the opening game and if he shows anyhow he will be treated as such. If he thinks I am kidding ask Revis' Mom.

[SMTBSI]

You know, the destroying-his-phone thing definitely has a bad look. Even if it was something he actually habitually did, you'd think his counsel would have advised him to break habit if for no other reason than public appearance.

But here's the thing. Many are saying that it's a "lame excuse" for him to say he always destroys his phone. I mean, who does that, right?

I do. Always have. Every phone I've ever had, I destroy when I retire it, making sure specifically to kill the sim and any internal storage components. Every computer I get rid of I either scrub and/or destroy the hard drive, or keep and repurpose it.

I have no particular reason to do this. I just do, because I'm me, I guess.

I'm not saying that's what's going on here. But you also can't just dismiss it offhand as a "lame excuse" as some have. You have to give the benefit of the doubt, don't you?

Well, I guess not if you're the NFL. No such thing as innocent until proven guilty to them.

[SMTBSI]

Does the phone thing have any actual significance in the injunction and subsequent hearing that the NFLPA wants to bring to federal court? I was under the impression it wouldn't — EDIT: the impression that it wouldn't when it was just him not handing over anything on it, as opposed to "destroying" it.

From what I've read, no it does not. It was a personal phone not a work phone. Meaning the NFL had absolutely no right to it under the CBA. Also, Brady provided all the phone records the NFL requested (and in the Wells report Goodell said he would have been satisfied with phone records and not the physical phone). Brady also provided a spreadsheet with all the people he texted and their contact information and the NFL didn't bother to use it. Can't say much on the pre-emptive strike. Hope it gets to Minnesota because they hate Goodell there (and for good reason).

As to this question, my understanding is that the court case will not, and can not, have anything to do with ideal gas laws and suspicious text messages and the like - it will be about the fairness of the appeal process. As bad as destroying his phone may look, it should have nothing to do with the outcome of this case.

The questions will be about Goodell's and Wells' neutrality, the fit of the punishment, the convenient damaging leaks, and other things related to the actual structure of the whole saga.

And it may be the homer in me, but I see us having a lot of ammunition for this particular war.

[jfs1000d]

Federal court is a long shot. The cba allows a wide latitude to the commish. The fact the patriots as a team took their punishment is also a factor here.

Brady is toast.


Sent from my iPhone using RealGM Forums

[Froob]

Federal court is a long shot. The cba allows a wide latitude to the commish. The fact the patriots as a team took their punishment is also a factor here.

Brady is toast.


Sent from my iPhone using RealGM Forums

Uh Adrian Peterson and Ray Rice won with nowhere near the amount of ammunition Brady has.

[Froob]

Does the phone thing have any actual significance in the injunction and subsequent hearing that the NFLPA wants to bring to federal court? I was under the impression it wouldn't — EDIT: the impression that it wouldn't when it was just him not handing over anything on it, as opposed to "destroying" it.

From what I've read, no it does not. It was a personal phone not a work phone. Meaning the NFL had absolutely no right to it under the CBA. Also, Brady provided all the phone records the NFL requested (and in the Wells report Goodell said he would have been satisfied with phone records and not the physical phone). Brady also provided a spreadsheet with all the people he texted and their contact information and the NFL didn't bother to use it. Can't say much on the pre-emptive strike. Hope it gets to Minnesota because they hate Goodell there (and for good reason).

As to this question, my understanding is that the court case will not, and can not, have anything to do with ideal gas laws and suspicious text messages and the like - it will be about the fairness of the appeal process. As bad as destroying his phone may look, it should have nothing to do with the outcome of this case.

The questions will be about Goodell's and Wells' neutrality, the fit of the punishment, the convenient damaging leaks, and other things related to the actual structure of the whole saga.

And it may be the homer in me, but I see us having a lot of ammunition for this particular war.

Brady's agent Don Yee said there's a lot more to the phone that will come out in the next few days. Any rational court should tare this to shreds. I hope Brady and the equipment guys sue for defamation afterwards too.

[sam_I_am]

I don't get the uproar over the phone. I just bought a new phone this summer and traded in my old phone. At store the Sym card was erased and all data transferred to my new phone. Is there something about how he used the old phone that I missed in story? It does make him look guilty of covering up and hiding information by breaking the phone the day of hearing. I just don't get how breaking the phone actually would work and why a guy who would do that to hide information would then openly disclose that he did it.

[sam_I_am]

You know, the destroying-his-phone thing definitely has a bad look. Even if it was something he actually habitually did, you'd think his counsel would have advised him to break habit if for no other reason than public appearance.

But here's the thing. Many are saying that it's a "lame excuse" for him to say he always destroys his phone. I mean, who does that, right?

I do. Always have. Every phone I've ever had, I destroy when I retire it, making sure specifically to kill the sim and any internal storage components. Every computer I get rid of I either scrub and/or destroy the hard drive, or keep and repurpose it.

I have no particular reason to do this. I just do, because I'm me, I guess.

I'm not saying that's what's going on here. But you also can't just dismiss it offhand as a "lame excuse" as some have. You have to give the benefit of the doubt, don't you?

Well, I guess not if you're the NFL. No such thing as innocent until proven guilty to them.

I think when an authority figure accuses someone of a crime, people then see every new pice of evidence like this as damning. Especially in this case where it is just sports and the Patriots are most hated team in NFL. You may be innocent until proven guilty according to law, but in court of public opinion you are screwed as soon as you are charged with a crime.

[Tenbomber]

You know, the destroying-his-phone thing definitely has a bad look. Even if it was something he actually habitually did, you'd think his counsel would have advised him to break habit if for no other reason than public appearance.

But here's the thing. Many are saying that it's a "lame excuse" for him to say he always destroys his phone. I mean, who does that, right?

I do. Always have. Every phone I've ever had, I destroy when I retire it, making sure specifically to kill the sim and any internal storage components. Every computer I get rid of I either scrub and/or destroy the hard drive, or keep and repurpose it.

I have no particular reason to do this. I just do, because I'm me, I guess.

I'm not saying that's what's going on here. But you also can't just dismiss it offhand as a "lame excuse" as some have. You have to give the benefit of the doubt, don't you?

Well, I guess not if you're the NFL. No such thing as innocent until proven guilty to them.

I think when an authority figure accuses someone of a crime, people then see every new piece of evidence like this as damning. Especially in this case where it is just sports and the Patriots are most hated team in NFL. You may be innocent until proven guilty according to law, but in court of public opinion you are screwed as soon as you are charged with a crime.

Breaking my silence here.....

This is just another example of how out of whack our society has become......

We so love our technology that we don't hesitate to use it against each other.....And anyone, like myself, who refuses to possess a cellphone or realizes how "big brother" operates these days is considered an outcast....

If Brady was smart, he'd of thrown his dam cellphone in the ocean....

But bottom line here....It's our own society who falls all over itself to try and destroy each other and our very own heroes.....

If you support or use Facebook or even talk on boards like these, you are making yourself a target.

If you possess a cellphone, "Big Brother" knows your whereabouts and all of your business 24/7....And now, it appears, it is used as a basis to make decisions like these.....And if you don't have some sort of verification, (a cell) you are considered guilty as sin.....

And you wonder why I hate on these younger "so connected" generations?......Well it's examples just like this one that set me off......

I hope the Supreme Court fries Roger Goddell....And then I think Tom Brady should sue the NFL for all it's worth....

God I hate modern times....

[Berkcelt]

The phone thing doesn't bother me at all. Before yesterday he was not handing it over, it was widely reported he wasn't "cooperating" on that point, and as far as I can tell there is never going to be a proceeding where he'll be required to hand it over, so what exactly has changed? If you were yelling "cover up" before, then sure, you think he's hiding something, good for you. And I don't know if this true, but I have heard if it did come down to him being forced to reveal phone communications they could get them from the phone company. According to his agent, he handed over the electronic records (presumably the exchanges between the ball equipment guys?) the league asked for. So even if they can't get the content (which I wouldn't be surprised if they could), they could cross-reference it to see if he was withholding anything. Again, though, it doesn't matter, because he's under no obligation to incriminate himself or open up private personal irrelevant information that could be used against him. Especially to help a kangaroo court that is essentially persecuting him under the guise of some disingenuous pursuit to save the "integrity of the game."

Personally I was under the impression destroying electronics containing personal data was considered generally a safe good practice against identity theft. In and of itself, it's not suspicious at all. For a celebrity who also is a private guy with a meticulously-crafted public image, it's not surprising at all that this is his usual routine.

The timing is pretty much the only "suspicious" thing, though let's face it, if he blasted the phone a month after the Wells interview, the reaction wouldn't be much different today. Insofar as public perception is important, it's pretty weird that his lawyers didn't advise against it. In the end, I'd be willing to raise an eyebrow over that, if the scientific analysis showed that the supposed infraction over what this whole **** is supposed to be about actually occurred. But it doesn't show that, which makes all of this such a folly.

[truth18]

This is all such bs, but it is what it is. Was good to be in Boston when the news hit. Most people here see through the mud Goodell has slung.

Feel really bad for Tom.

[Tenbomber]

Fighting over how much a football is inflated is just plain stupid IMO.....

Do you really think that was an issue ever back along when the game was in it's infancy?

And just where is there a rule about inflating footballs? .....And just who is supposed to monitor that?

Good God... the world is crazy!

[Parliament10]

The Revolution will Not be televised!!!

[Tenbomber]

The Revolution will Not be televised!!!

Don't be so sure.....If there is a buck in it, best believe it will be televised....