#DFG: Canceling the Noise

Is there any level of suspension that you would advise Tom to accept?


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soxhop411

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@RyanHannable: Strong conclusion to Don Yee's statement: Conclusion shows "games on the field don’t count as much as the games played on Park Avenue."
 

twibnotes

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A great PR strategy would be for Kraft, at least publicly, to play it fairly cool while Yee continues to pull no punches.
 

PedroKsBambino

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lexrageorge said:
Kraft's appeal options are limited.  I think all he could do would be to go to Goodell and ask for reconsideration.  I don't see him pressing the instant red button over this.  But Goodell lost an ally, and don't be surprised if Kraft votes for Goodell's removal at some point in the distant future. 
 
Believe under league bylaws his practical appeal is to other owners to throw Goodell out, then seek a rehearing with the replacement. Then, I think he's left with trying an antitrust theory in federal court---though it's hard to see what he'd be arguing here.    Al Davis tried to move the team and was constrained in doing so, hence the antitrust issue he ultimately won on.  Not sure offhand how you'd get there via a discipline penalty, but smart lawyers will come up with something if they really try hard enough.  I don't think there's really anything viable there.
 
Kraft seemed to have already said he'd abide by any punishment, though, so I don't think any of those will happen.
 

Ed Hillel

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Yee has been speaking as though Brady is objectively innocent. I do hope that's the case, and that there are plans to back the statements up beyond appellate and legal hearings, unless the information is made public through them.
 
To be clear, even interviews would be fine. I just think he's going to need more than just the statements from a PR perspective.
 

dcmissle

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Kraft may be able to get an arbitrator for the team penalties. The Redskins and Cowboys did for their cap penalties. Very small chance of winning IMO. The obstruction charge distinguishes this case from the Vikings. The recidivist point distinguishes this situation from the Vikings'.

If Kraft were to sue the League, not his style, it would almost certainly be thrown out.

Brady is very differently situated.
 

twibnotes

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What kind of cockamamie dispute rules does the NFL have!? If the commish can be the arbitrator, it's not really an appeals process.
 

soxhop411

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@JeffPassan: Roger Goodell suspended Tom Brady, whose role in deflating footballs is unclear, twice as long as Ray Rice, who definitely punched his wife.
 

H78

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In fairness, I'd also be pissed if TB12 refused to hand me his iPhone with The Fappening 2.
 

bosox188

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Doctor G said:
So we determine she isn't a witch but we burn down her house cause we thought she was.
 
https://www.youtube.com/watch?v=sglyFwTjfDU&hd=1
 
When you think about it, that scene is the perfect summary of this entire story. Right down to the point where the scales show she weighs the same as the duck.
 

DennyDoyle'sBoil

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soxhop411 said:
@JeffPassan: Roger Goodell suspended Tom Brady, whose role in deflating footballs is unclear, twice as long as Ray Rice, who definitely punched his wife.
 
That's really the angle that I think is so sickening.  Goodell knows that his decision is largely bulletproof.  There are enough who hate the Patriots, or are tired of getting beaten by them, that he knew he would have a receptive mouthbreathing audience that would stand behind his punishment.  
 
I don't know how he gets away with 4 games when he only gave Rice 2, though -- although I'm sure it will "I made a mistake and learned."
 

uncannymanny

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DennyDoyle'sBoil said:
 
That's really the angle that I think is so sickening.  Goodell knows that his decision is largely bulletproof.  There are enough who hate the Patriots, or are tired of getting beaten by them, that he knew he would have a receptive mouthbreathing audience that would stand behind his punishment.  
 
I don't know how he gets away with 4 games when he only gave Rice 2, though -- although I'm sure it will "I made a mistake and learned."
But that was OFF THE FIELD, SO OK!!!
 

timelysarcasm

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Love Brady's agent's response, but unfortunately, I don't think the more egregious punishment can be touched: the loss of our first round draft pick in 2016.
 
That's just so damaging to a franchise, and so over-the-top it's absurd. No appeals process for it, either. Jimmy G can keep the ship afloat for 2-4 games worst case scenario. Losing a 1st round draft pick is a dagger.
 

E5 Yaz

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soxhop411 said:
@JeffPassan: Roger Goodell suspended Tom Brady, whose role in deflating footballs is unclear, twice as long as Ray Rice, who definitely punched his wife.
 
It's nice that the press brings this up ... but I'd really love is for Kraft to open his response with some version of this.
 

Kull

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I think Kraft has to respond. This new "finding" essentially says that any further suspicion, no matter how unfounded, will be cause for future action. And those penalties will be even worse. Keep in mind this comes after the Wells report finds no evidence of team wrongdoing. So innocence is no defense. The only remedy is no further suspicion of any kind.
 
What team or person could ever rise to meet that standard? He has to go scorched earth.
 

nattysez

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 We will appeal, and if the hearing officer is completely independent and neutral, I am very confident the Wells Report will be exposed as an incredibly frail exercise in fact-finding and logic.
 
 
This is a really dumb thing to say.  You don't start insulting the judge (or hearing officer) before the hearing, which is basically what this is: "If you don't find for us, you're on the take."
 
I think Yee has thoroughly screwed this up from the first, and Brady would be well-served to get a better public spokesman. 
 
And, by the way, Yee has yet to make a single clear statement saying that Brady is 100% innocent.  Issuing one lengthy statement after another without saying "Tom did nothing wrong" is an easy way to lose the PR battle.
 

DennyDoyle'sBoil

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timelysarcasm said:
Love Brady's agent's response, but unfortunately, I don't think the more egregious punishment can be touched: the loss of our first round draft pick in 2016. That's just so damaging to a franchise, and so over-the-top it's absurd.
 
Same as spygate.  We've been kicking the league's ass for a while now with a hand tied behind our backs -- sometimes I think the more obstacles you throw at them, the harder they work.
 
It really is us against the world now.  Let's see how it goes.
 
Oh, and thank you Malcolm Butler. 
 

LuckyBen

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timelysarcasm said:
Love Brady's agent's response, but unfortunately, I don't think the more egregious punishment can be touched: the loss of our first round draft pick in 2016.
 
That's just so damaging to a franchise, and so over-the-top it's absurd. No appeals process for it, either. That really hurts our team long term.
Think of Chad Jackson, Laurence Maroney, and a picket CB and realize it'll be alright.
 

AB in DC

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twibnotes said:
A great PR strategy would be for Kraft, at least publicly, to play it fairly cool while Yee continues to pull no punches.
 
Kraft won't say anything publicly.  But behind the scenes, he'll let every other owner know that any other suspecting rule-breaking will receive the same scrutiny.  
 
And if he gets enough other owners on his side, they'll fire Goodell himself.
 

Tony C

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soxhop411 said:
Full statement from Tom Brady's agent Don Yee:

"The discipline is ridiculous and has no legitimate basis. In my opinion, this outcome was pre-determined; there was no fairness in the Wells investigation whatsoever. There is no evidence that Tom directed footballs be set at pressures below the allowable limits. In fact, the evidence shows Tom clearly emphasized that footballs be set at pressures within the rules. Tom also cooperated with the investigation and answered every question presented to him. The Wells Report presents significant evidence, however, that the NFL lacks standards or protocols with respect to its handling of footballs prior to games; this is not the fault of Tom or the Patriots. The report also presents significant evidence the NFL participated with the Colts in some type of pre-AFC Championship Game planning regarding the footballs. This fact may raise serious questions about the integrity of the games we view on Sundays. We will appeal, and if the hearing officer is completely independent and neutral, I am very confident the Wells Report will be exposed as an incredibly frail exercise in fact-finding and logic. The NFL has a well-documented history of making poor disciplinary decisions that often are overturned when truly independent and neutral judges or arbitrators preside, and a former federal judge has found the commissioner has abused his discretion in the past, so this outcome does not surprise me. Sadly, today’s decision diminishes the NFL as it tells its fans, players and coaches that the games on the field don’t count as much as the games played on Park Avenue.”
 
Really well stated.
 

Sportsbstn

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There is really no way the 4 games are going to hold up.   Brady probably loses to a corrupt arbitrator (Goodell), but brings the NFL to court, where the NFL folds like twits they been shown the past few years many many many times over.  How great would it be to see Goodell and the NFL office under oath? 
 

NavaHo

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The "twice as long as Ray Rice" argument doesn't hold water for me, but I have no qualms about everyone being reminded of the embarrassing clown show that was the Ray Rice investigation.

Goodell appears to be acting as if, by not being fired over the Rice case, he's been given permission, or even a mandate, to put his Sheriff hat on and wield all the power he can pretend to manage, in the name of "integrity" and at the expense of integrity.
 

kartvelo

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MarcSullivaFan said:
It's interesting--in a bad way--that virtually no current NFL players are stepping up to support Brady.
They've probably all been warned to keep their traps shut - no one wants to risk Roger's ire.
 

nighthob

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soxhop411 said:
I cannot wait for a work stoppage.


Good job you jackass Goodell
 
You know what, I hadn't thought of that. The hilarity's going to be endless if Goodell lasts until the next CBA negotiations.
 

AB in DC

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nattysez said:
 
This is a really dumb thing to say.  You don't start insulting the judge (or hearing officer) before the hearing, which is basically what this is: "If you don't find for us, you're on the take."
 
I think Yee has thoroughly screwed this up from the first, and Brady would be well-served to get a better public spokesman. 
 
And, by the way, Yee has yet to make a single clear statement saying that Brady is 100% innocent.  Issuing one lengthy statement after another without saying "Tom did nothing wrong" is an easy way to lose the PR battle.
 
I'm sure he'll ask Goodell to appoint a neutral arbiter.  The Saints got him to turn Bountygate over to Tagliabue.
 

Eddie Jurak

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AB in DC said:
 
Kraft won't say anything publicly.  But behind the scenes, he'll let every other owner know that any other suspecting rule-breaking will receive the same scrutiny.  
 
And if he gets enough other owners on his side, they'll fire Goodell himself.
Not going to happen. NFL owners are tired of losing to the Pats.
 

soxhop411

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@adbrandt: Would expect NFLPA to join Don Yee in Brady appeal, and would expect a (strong) request for an independent arbitrator.
 

soxhop411

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@McCannSportsLaw: If Tom Brady sues & it gets past an NFL motion to dismiss, judge would order Brady to turn over phone records to NFL in pretrial discovery.
 

Sportsbstn

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soxhop411 said:
@McCannSportsLaw: If Tom Brady sues & it gets past an NFL motion to dismiss, judge would order Brady to turn over phone records to NFL in pretrial discovery.
 
As well as the NFL league office personnel involved.
 

TomTerrific

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JimBoSox9 said:
 
There's no doubt, this decision has created an incredible web of shared liability for infractions going forward.  Of course, they neutralize it nicely by tying in the Spygate precedent as a reason for severity, notwithstanding how many other infractions have been committed by how many other teams since then.
 
Kull said:
 
If you are an NFL owner and read this, well, Holy Shit! Cleveland and the Falcons can't have ANY organizational infraction, not even the hint of one for at least the next 8 years? And the same for every other team that's had even the most minor of issues? Every owner in the NFL hates the Pats so much that they are willing to allow this precedent to stand? This thing may be aimed at a team you don't like today, what about tomorrow when Goodell feels slighted in some way by your coach or GM?
 
What makes you think the other owners are smart enough to see this? Other than perhaps a select few, but that's just a few. And there is essentially no rule of law within the league, Goodell is making that damn clear, so making that connection to long-term consequences is even harder for them, much less the Boeotians who lurk just outside the walls of SOSH.
 
No, what most of the other owners see is a commish who metes out justice as it is deserved, precedent be damned. And they think, "They deserve it, we're not the Patriots, and it won't happen to us".