#DFG: Canceling the Noise

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


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Ed Hillel

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Super Nomario said:
The "Deflate and give somebody that jkt" one? That's in there, page 87. Wells does not provide explanation, saying only that they would have asked McNally if granted another interview.
 
Well, I suck. I read through the thing and missed and/or forgot it.
 
The Wells Report also said this text took place during half-time of a game. However, the report doesn't provide any transcript of texts immediately before or after that text, so, of course, it's difficult to gauge the exact context - which of course is the problem with weighing and/or relying upon this from of evidence. That's why I'm convinced the Pats have other texts in their back pocket that they are waiting to unload.
 
Wouldn't they release them along with this today? Isn't the entire point of releasing this for PR?
 

Otis Foster

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I think there was tampering with the balls. I think TB must have guessed it, even if he didn't actually know it.
 
I think the league never considered these to be major breaches of the rules. When Grigson first called, the reaction was: Just let the refs keep an eye on this. This may have been a desire to let BB fall into a trap, it may be because at that point, they didn't think this was that big a deal. I rather lean towards the latter.
 
When Grigson heard from Pagano during the game that the ball was soft (and I don't know in fact what triggered that), Grigson called Kensil - I believe - and basically said: We warned you guys, why didn't you do something about it. The NFL was now on the spot,
So Alexander and crew are sent down to measure the balls. Incredibly, despite the breaches in his own security measures before the game - the ball guy entering the field with the crew -, he made a botch of his testing. He had no base records, he didn't know which gauge was used on which balls, he never finished a comparable testing of the Colt balls. What he did find was that a number of Patriots balls were underinflated.
 
Then the leaks began. I don't know if they came from Kensil and the office, or the Colts.Probably the latter initially, witness Kravitz and Doyel. Now the NFL was in a bind. The last thing they wanted to do is to explain that they knew about the potential problem, underestimated the consequences, and  the Colts leaking the story so it became a big deal. The Colts in effect had the NFL by the sort hairs. They knew they'd warned the league in advance, and pretty well surmised that the league hadn't done much about it in advance.
 
The only other culprits of course were the NEP, Brady and BB.  They had to be whacked. This is so even though prior incidents, e.g. Carolina and the Vikings heating balls on the sideline, indicate the NFL never thought much about these issues. Now, Goodell has to treat this like a breach of a nuclear protocol, and he calls in Wells.
 
So here we are. The train of events turns this into a shitshow. Still, the bottom line is the offence isn't a big deal. That is, until TB and Kraft decide for whatever reason not to cooperate. We've been over those issues before.- there was apparently a way for TB to do the filtering so personal matters are removed or redacted. They said they'd take him at his word. TB refused.
 
Meanwhile, Kraft decides for some reason that he'll become McNally's shield. He resists Wells having a second bob at the apple. The prior interviews were conducted by the NFL. No experienced investigator would let it go at that. This was a perfectly logical request. Even if McNally confirmed the ball tampering, or TB's emails indicated he knew this, after all we're talking about a minor offense (maybe a bit more than minor with a repeat offender). The only other possibility was that McNally and TB's records would reveal something more far reaching- what, I don't know, but I'm beginning to think there is something nuclear there..
 
So now, through a combination of misjudgments and laxness by the NFL, TB and Kraft, they're in the middle of a real mess. I don't think it will end well, and I think the stonewalling gave the NFL a compelling reason for the heavy penalties, when cooperation probably would have resulted in something far less.
 

RIFan

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Van Everyman said:
Volin with a pretty tough article on Kraft arguing that the Pats stonewalling of Goodell gave him no choice.

http://www.bostonglobe.com/sports/2015/05/13/patriots-were-punished-for-cover/4KCNOBJBG32HBS8QtBNOvM/story.html

I'm not sure I totally agree. For one, this isn't a criminal proceeding – McNally doing a phone interview wasn't that unreasonable. And Brady refusing to turn his phone over, as noted, is defensible as well.

Bigger point he's making is that Kraft thought his relationship with Goodell would prevent the League from coming down too hard on them. Given how contentious this has been from the get-go I have a hard time buying that.
 
The Globe is completely selling out on the Patriots are getting what they deserve.  Gasper, CHB, Volin have all gone strongly against the Pats.  Manza Young is the only one taking a more open view. 
 

joe dokes

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OnWisc said:
Could the reverse happen? Where Wells claims he relied on assertions from his client that were later shown to be incomplete or inaccurate or that he was instructed that certain things now appearing as relevant were beyond the scope of the investigation? From the criticisms of the report I'm reading, this wouldn't seem to be the case, but still wondering.
 
Never. Unless the NFL sued Wells for malpractice or somesuch. One of the responsibilities of getting paid a fucktillion dollars an hour is that you can't respond to every arrow fired your way. 
 
 
EDIT: what PBDW said.  And to be clear, the amount of $$$ Wells got is really irrelevant. Airing clients' laundry in any setting other than getting sued is the ticket to a new career.
 

Morgan's Magic Snowplow

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I'm curious to know the end game for Kraft and the team.
 
The wellsreportincontext site does a good job overall in offering a rebuttal.  But the PR battle is a losing one.  Joe Sportsfan has already made up his mind because he badly wants to live in a world where the Patriots are cheaters, and JoeMediaHottakez is going to cater to Joe Sportsfan.  People are getting worked about how the media only cares about the "deflator" argument but if it wasn't that, it would be something else.  There's no world in which the Patriots release a rebuttal like this and it actually turns the tide of public opinion.
 
Mainly, what the report seems to do is (a) make the league office look bad and (b) indicate that the Patriots are willing to double down on everything going forward in whatever proceedings arise, whether appeals or legal ones.  To what end?  I'm not unhappy about them putting out the rebuttal.  I just wonder how it fits into a larger strategy.
 

dcmissle

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This is Jonathan Kraft playing Tony Montana in the conclusion of "Scarface".
 

Rusty13

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Ed Hillel said:
 
Well, I suck. I read through the thing and missed and/or forgot it.
 
 
Wouldn't they release them along with this today? Isn't the entire point of releasing this for PR?
 
Not necessarily.  The point of this response was to provide a point-by-point rebuttal (FJM style!!) to the Wells Report.  Strategically, they might feel that saving their affirmative evidence for the hearing is a better move. 
 

RIFan

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The Patriots did miss a glorious opportunity on the site they set up.  It would have been much better if the page header had a Red Challenge Flag sitting next to the football.
 

joe dokes

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dcmissle said:
This is Jonathan Kraft playing Tony Montana in the conclusion of "Scarface".
 
I can't see Jon acting without Bob's approval. Would be funny, though, if this resulted in an inter_Kraft fight over here, and a Goodell-Wells fight over there.
 

dcmissle

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joe dokes said:
 
I can't see Jon acting without Bob's approval. Would be funny, though, if this resulted in an inter_Kraft fight over here, and a Goodell-Wells fight over there.
Like Stephen Jones taking away from Jerry the draft card with Manziel's name on it.
 

Marciano490

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dcmissle said:
This is Jonathan Kraft playing Tony Montana in the conclusion of "Scarface".
 
I hope not.  That didn't turn out so good.  We don't want Goodell sneaking up behind him with sunglasses and a shotgun.
 

BroodsSexton

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RIFan said:
The Patriots did miss a glorious opportunity on the site they set up.  It would have been much better if the page header had a Red Challenge Flag sitting next to the football.
 
Roll over the top left "My Site", and you'll see that the theme is "Big Brother."  That's sort of amusing.
 

RedOctober3829

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This report has a lot of good things in it including the line about the Indy ball boys accused of having needles in their shirts.  However, with that Deflator explanation by the Patriots the public perception of this report has already been set.  The sheep aren't going to take the time to read it and just go with "HAHA Deflator weight loss".
 

RedOctober3829

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Former Dolphins offensive line coach Jim Turner, who was interviewed by Ted Wells as part of the Jonathan Martin-Richie Incognito bullying scandal, went on the attack Thursday on Ted Wells when appearing onSirius XM’s Mad Dog Sports Radio.
“When you sit in front of them, they are under attack,” Turner said. “There are accusations. It’s obvious they have an agenda and in my case their agenda was to defend [Jonathan] Martin at all costs. It was clear by the questioning. It was easy to see. To be honest with you, when you’re sitting across from him, I’ll be honest, it was almost laughable when I was sitting there because it was almost like I was in the movie Office Space and I was sitting across from Bob and Bob. I’m looking at these guys and what could these two lawyers — what could they possibly understand about a NFL locker room?”
Turner said he understands why Tom Brady didn’t hand over his cell phone to him.
“One thing stands out to me and it is just how smart Tom Brady is,” he said. “He didn’t trust the Wells Report. He didn’t trust Wells. If he did, he would have complied a little more. From my experience I see the crossover between things that are happening to the Patriots right now and things that happened to me. Wells is not a good human being. When I didn’t give him the stories he wanted, he targeted me as part of a problem in Miami. He’s not an independent investigator. He’s not doing it looking at both sides of the situation. He’s hired by the NFL and he’s going to print the story they wanted printed.”
Added Turner: “100 percent — Tom Brady, Bill Belichick, I wouldn’t say a word. Independent investigator, my [expletive].”
Turner was fired by the Dolphins following the report back in February of 2014.
 
http://itiswhatitis.weei.com/sports/newengland/football/patriots/2015/05/14/former-dolphins-ol-coach-jim-turner-on-ted-wells-independent-investigator-my-expletive/
 

OnWisc

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Never in a million years in public. Wells might never work for the NFL again, and might have questions raised about Goodell throwing him under the bus, but those are questions answered privately and quietly as reassurances to clients that he will deliver what was requested.
 
On the other hand, outing client baggage and requests like that because you're under fire would end a non-insignificant amount of business before it ever begins.
 
 
Never. Unless the NFL sued Wells for malpractice or somesuch. One of the responsibilities of getting paid a fucktillion dollars an hour is that you can't respond to every arrow fired your way. 
 
 
EDIT: what PBDW said.  And to add, the amount of $$$ Wells got is really irrelevant. Airing clients' laundry in any setting other than getting sued is the ticket to a new career.
Appreciate the responses. Things seem to be getting more surreal by the hour and with the apparently atypical decision to have a call the other day and the increasing criticism of the report itself I was wondering if there was any chance Wells would try to distance himself from the NFL in some way. Seems like a shitshow all around.
 

theapportioner

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I wonder if this will provoke further response from the NFL or Wells, or if they'll just let the appeals process play out.
 

dcmissle

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RedOctober3829 said:
This report has a lot of good things in it including the line about the Indy ball boys accused of having needles in their shirts.  However, with that Deflator explanation by the Patriots the public perception of this report has already been set.  The sheep aren't going to take the time to read it and just go with "HAHA Deflator weight loss".
A few good journos/hosts may. Wetzel, Czaban and so forth. Nobody on ESPN.
 

joe dokes

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RedOctober3829 said:
This report has a lot of good things in it including the line about the Indy ball boys accused of having needles in their shirts.  However, with that Deflator explanation by the Patriots the public perception of this report has already been set.  The sheep aren't going to take the time to read it and just go with "HAHA Deflator weight loss".
 
I get that.  But if the "sheep before" and "sheep after" cancel each other out (because they have the same view no matter what), that still leaves a large number of somewhat-non-sheep. On balance, it might help the defense; but I dont see it hurting.
 

Bob420

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The idea that JJ was referring to someone else and not Brady and possibly something else besides doing something to the footballs seems a little far fetched as well.

Mcnally: "Tom sucks..I'm going to make the next ball a freakin balloon"

Less than two minutes later:

JJ: "Talked to him last night. He actually brought you up and said you must have a lot of stress trying to get them done"

That doesn't mean they were doing anything illegal but seems like a real stretch there.
 

tims4wins

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notfar said:
This whole thing is because nobody in the NFL office knew what the ideal gas law is and can't admit this all started on a mistake. The rest of it is just covering up for that initial fuck up.
 
That is the true irony. The Pats are getting pounded for the "cover up, not the crime", but it is the NFL that is trying to cover up.
 

nolasoxfan

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BigSoxFan said:
Any chance Goodell throws Wells under the bus saying that he relied on the independent report that was subsequently disproven on several levels?
Unlikely, but I don’t think you can discount any action from Goodell--and that is exactly how authoritarians and dictators want you to think of them.
 

AB in DC

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BigSoxFan said:
I also think a Patriots response would have gotten lost in the shuffle a bit had it been released shortly after the punishment was announced. Now, everyone is focusing on their response, for good or bad.
 
Is ESPN providing wall-to-wall coverage of the rebuttal, like they did for the Wells report?  Is the NFL Network?  Are the commentators giving it the same level of respect, or are they dismissing it as the Patriots just covering their asses?
 
(these are not rhetorical questions...I'm at work and can't find out for myself...)
 

dcmissle

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theapportioner said:
I wonder if this will provoke further response from the NFL or Wells, or if they'll just let the appeals process play out.
The cannot do a damn thing, especially not after the Wells presser.
 

dcdrew10

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Ed Hillel said:
 
Well, I suck. I read through the thing and missed and/or forgot it.
 
 
Wouldn't they release them along with this today? Isn't the entire point of releasing this for PR?
 
One of the ideas of a rebuttal like this is it takes time to sway public opinion. Unless you have a definitive smoking gun (we're talking Nixon White House tapes approving the Watergate cover up-level smoking gun) you have to prime the pump and prepare people to change their mind. They are putting enough info out there to make people start to question their opinion and then they can drop the text message, that on it's own, at the height of the hysteria, wouldn't be enough to change opinion, but suddenly people find more believable.
 

bankshot1

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I think the Pats response to the Wells report gives Kraft a lot of talking points with the other owners regarding the objectivity and fairness of the NFL's conclusions and penalties. And perhaps a couple of powerful envoys (Jones, Mara, Rooney) can approach Goodell to broker a deal that reduces the penalties with sufficient cover (the Pats side of the story ripping Wells) to avoid a full blown PR/court battle aimed at totally trashing Goodell.  
 

Jettisoned

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Gambler7 said:
 
Even after halftime, when obvious attention was being paid to game footballs and psi issues by League and game officials, who took control of the footballs at halftime, the security video shows Mr. McNally, with no objection, taking the footballs from the Officials’ Locker Room back to the field totally unaccompanied by any League or Game official. Mr. McNally’s removal of the footballs from the Officials’ Locker Room before the game began was simply not unauthorized, unknown, unusual, or in violation of some protocol or instruction. The report nonetheless portrays Mr. McNally’s departure from the Officials’ Locker Room before the game as a step in secretly taking the footballs for nefarious reasons.
 
 
 
I mean, I knew that original report was total garbage when I read it, but when it's put into context like this it is so much worse.
 

bluefenderstrat

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Bob420 said:
The idea that JJ was referring to someone else and not Brady and possibly something else besides doing something to the footballs seems a little far fetched as well.

Mcnally: "Tom sucks..I'm going to make the next ball a freakin balloon"

Less than two minutes later:

JJ: "Talked to him last night. He actually brought you up and said you must have a lot of stress trying to get them done"

That doesn't mean they were doing anything illegal but seems like a real stretch there.
 
The texts are Rorschach tests--they're indicative of a plot to deflate footballs illegally only if you're looking for evidence to support that conclusion.  At least there are plausible (possibly even "more probable than not") explanations for their context.
 

Reverend

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I just realized that McNally and Jastremski are Rosencrantz and Guildenstern.
 

Gambler7

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theapportioner said:
I wonder if this will provoke further response from the NFL or Wells, or if they'll just let the appeals process play out.
 If you actually read the whole website and push aside the ridiculous discussions about the text messages and science that could be argued either way and provide no actual proof of anything, this makes Wells looks completely incompetent and the report very much incomplete. It also makes the NFL look terrible and that they absolutely pre-judged before any investigation. I think that's the overall point, to discredit the whole situation and everyone involved. 
 

JimD

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RedOctober3829 said:
This report has a lot of good things in it including the line about the Indy ball boys accused of having needles in their shirts.  However, with that Deflator explanation by the Patriots the public perception of this report has already been set.  The sheep aren't going to take the time to read it and just go with "HAHA Deflator weight loss".
 
Not necessarily.  The football media is furiously working the angles as we speak to get a big scoop backing one of the items brought up the rebuttal.  If Adam Schefter or one of his pals finds someone who says, yeah, the Indy ball boys walked around with needles, no one but the most diehard Pats detractors is going to remember that deflator explanation.
 

Ed Hillel

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JimD said:
 
Not necessarily.  The football media is furiously working the angles as we speak to get a big scoop backing one of the items brought up the rebuttal.  If Adam Schefter or one of his pals finds someone who says, yeah, the Indy ball boys walked around with needles, no one but the most diehard Pats detractors is going to remember that deflator explanation.
 
At this point, may as well just make that evidence public. The cat's out of the bag.
 
Jacksonville probably called them after this whole thing blew up and spilled the beans. Gotta love how the NFL operates.
 

Ed Hillel

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Marciano490 said:
When were the Indy ball boys supposedly deflating?  During Peyton's tenure?
 
That would seem likely, given that Luck apparently had no issues with them at 13.
 

Stitch01

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dcmissle said:
If you are referring to influencing the TB matter, sure. Whatever chance the Pats had of getting their sanctions overturned or reduced were just burned this morning. Maybe they feel on balance this is worth it.
Chances have to be above zero in order to have a chance to be reduced.   League is never reducing sanctions  here.
 

SeoulSoxFan

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moondog80 said:
 
 
And of course, that video is all mocks the claim that deflator=weight loss, but doesn't mention the text showing the term used in that exact context.
 
Mike SIlver has been THE biggest proponent of the Wells Report since day 1. Not surprising.
 

joe dokes

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tims4wins said:
Man, I wouldn't hire Ted Wells to defend me for a speeding ticket after the last week or so. What a joke.
 
Careful. That's like saying you wouldn't hire Aaron Hernandez's lawyer because he was convicted. Lawyers have clients. It may be that Wells's report is shit. But it may have been the best job possible under the circumstances, given who his client is and the limitations he was placed under.
 

jimbobim

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SeoulSoxFan said:
 
Mike SIlver has been THE biggest proponent of the Wells Report since day 1. Not surprising.
If the collective/his intelligence thinks Wells is definitely the only probable thing to have occurred his intelligence ought to be insulted. Wells even wasn't willing to go there. 
 

SeoulSoxFan

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CaptainLaddie said:
 
Weird that NFL Network reporters would be offended by all of this.
 
Weird.
 
Not all. If you listen to the popular Around the NFL podcast, pretty much everyone is on board with how ridiculous the punishment is, not to mention the joke that Wells report is.
 
It's to a point where they joke (OMG they are joking!) about how Goodell is listening on them, and how Mike Silver is going off on the Patriots & need a worthy debater to oppose him on TV.