#DFG: Canceling the Noise

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


  • Total voters
    208

nattysez

Member
SoSH Member
Sep 30, 2010
8,493
DeMaurice Smith is being interviewed on Outside the Lines right now.  Follow your favorite Pats beat writer's Twitter feed for updates:
 
 
Mike Reiss ‏@MikeReiss  1m1 minute ago
DeMaurice Smith, on @OTLonESPN, says union hasn't heard from NFL on request 4 Roger Goodell to remove himself as arbitrator of Brady appeal.
 
 
 
 
Christopher Price ‏@cpriceNFL  2m2 minutes ago
De Smith on Brady appeal on ESPN: If we don't get a response by the end of next week, we will certainly increase the volume of the request.
 
 
Christopher Price ‏@cpriceNFL  51s51 seconds ago
Smith says "there are a number of issues" when it comes to process and precedent in Brady appeal.
 
 
 
shalise manza young ‏@shalisemyoung  1m1 minute ago
Smith: "it's my hope" that as the league did in the Ray Rice case, Goodell appoints a neutral arbitrator
 
 
Doug Kyed ‏@DougKyedNESN  45s46 seconds ago
De Smith says Brady's lack of cooperation "will be an issue on the appeal."
 
 
Doug Kyed ‏@DougKyedNESN  27s27 seconds ago
De Smith says the Wells Report "delivered exactly what the client wanted."
 
 

drbretto

Member
SoSH Member
Apr 10, 2009
12,136
Concord, NH
J.McG said:
 
Heard some radio show the other day claim that Myth Busters is planning an entire "DeflateGate" episode next season - don't know if that has since been verified (if they aren't planning one yet, what the hell are they waiting for???).
 
 
I really hope not. I love mythbusters, but they'd fuck it up. The conclusions would still be based on bad starting data, so it would basically boil down to "probably deflated" but they'd bust the part that suggests it's a competitive advantage, which is the safe answer that looks like it would play both sides, but I believe no deflation actually occurred and those who believe he cheated will say that is doesn't matter if the competitive advantage was real or imagined, an attempt to cheat took place. 
 
I already had to be disappointed in Bill Bye and NGT. Mythbusters are the only "scientists" left that Joe public would believe, unless Morgan Freeman comes in to save the day.
 

ivanvamp

captain obvious
Jul 18, 2005
6,104
Hoya81 said:
http://www.csnne.com/new-england-patriots/ted-wells-roger-goodell-covering-up-nfls-deflategate-misconduct

"I e-mailed Greg Aiello, the NFL’s VP of media relations on Thursday and asked him about Wells’ allegedly telling the team that the league wasn’t going to be scrutinized by Wells in his investigation.

Greg,

I'm finding something incongruous in both Roger and Ted Wells' insistence that Wells also included the league and its demeanor in his investigation.

On February 7, Patriots attorney Daniel Goldberg emailed Jeff Pash to protest Wells' telling the Patriots that the league would investigate itself internally and that the league was not under Wells' purview. The email came under the subject "Scope of Investigation" and was released by the Pats in the "Wells Report Context" rebuttal.

Pash did not correct Goldberg on that point, only reiterated a guarantee of no prejudgment.

So if Wells was not charged with reviewing the league, how can both he and Roger insist a review was done?

And that's not even raising the issue of how perfunctory Wells' "findings" about the leagues demeanor and actions were which Roger seems to credit as being exhaustive.

So what changed after February 7?

Aiello's response:

Tom: I do not anticipate that we will comment further on the Wells report.

Thanks.
Greg"
 
In other words, we are burying it all and hoping nobody else asks us about it ever again.
 

NavaHo

Member
SoSH Member
Jun 29, 2010
322
Let's wait for the league to issue its own report which would be the logical result of the internal investigation the league said it was doing into itself. I'm sure we'll see that any day now. They're probably figuring out which font to put it in.
 

Harry Hooper

Well-Known Member
Lifetime Member
SoSH Member
Jan 4, 2002
34,605
Buster Onley is just repeating what some folks in baseball say, and it's crap. Pitchers get better grip, they can get more rotational spin on the ball which results in more ball movement. It's definitely a competitive advantage, but rule enforcement has declined in recent years.
 
As for Brady wanting 12.5 PSI. It is unclear if he actually wants the footballs at 12.5 or rather he wants them set to the lower limit of 12.5 to avoid refs issuing balls at 15.8 PSI {Jets game}. It's possible that if he could get exactly what he wanted, he'd like it set at say 13.1.
 

nothumb

Member
SoSH Member
Jul 27, 2006
7,065
yammer's favorite poster
BoredViewer said:
 
I believe it is a leading cause behind Brady's shitty long passes that turn into ducks.
 
I've played a little QB (yo!) and while beach balls suck, I'd never want a ball that was too squishy, either.
 
I kind of doubt this is the case, but it would be amazing if they had Brady playing with rocks next year and he just started bombing it to Tyms every week.
 
Also, can you imagine if it came out that the Jets equipment guys found the refs altered their balls to be out of the legal range in a game against NE? "Kraft buys off refs. More at 11." But when the refs do it to the Pats it somehow becomes evidence of the Pats' guilt.
 

dcmissle

Deflatigator
Lifetime Member
SoSH Member
Aug 4, 2005
28,269
Drew Brees -- no comment

Sean Payton -- no comment


See, is that hard?

Lmao the defense of Eli here: Can't be critical of NFL discipline

Perhaps not, but you can STFU. Roger can't force you to speak.
 

epraz

Member
SoSH Member
Oct 15, 2002
6,188
DrewDawg said:
So that whole "must hold hearing within 10 days" thing was crap?
 
The provision allows for the parties to delay it if the player agrees.
 

dcmissle

Deflatigator
Lifetime Member
SoSH Member
Aug 4, 2005
28,269
ifmanis5 said:
This theory makes a lot of sense. Really hope Brady's appeal goes the no half measures route and destroys this farce.
Florio has strongly suggested this, but not come right out and said it on his web site. Is the more inflammatory crap saved for Twitter?
 

naclone

New Member
Jul 15, 2005
140
NYC
I'm not expecting Mort to trade his livlihood for Brady's, but if he got burned as badly as he seems to have, wouldnt you think he'd be motivated to set the record straight? wouldn't you think he'd be digging the deepest on this and be the loudest voice trying to help Brady redeem himself? Is he under a gag order from ESPN? How does he sleep at night knowing that his getting played could cost Brady his legacy and he's sitting on his hands? is he standing by his sources? WTF?
 

ifmanis5

Member
SoSH Member
Sep 29, 2007
63,943
Rotten Apple
dcmissle said:
Florio has strongly suggested this, but not come right out and said it on his web site. Is the more inflammatory crap saved for Twitter?
Good question. I'd love a 30 For 30 on the real story behind that Mort Tweet. A very damaging 140 word post.
 

doc

Member
SoSH Member
Jul 14, 2005
4,495
Ross Safko said:
We're somewhere around 50 posts removed in less than 24 hours.
 
If your post was removed, think about why.
 
Stop being awful.
No, no, no the prime directive is to NOT SUCK
 

nattysez

Member
SoSH Member
Sep 30, 2010
8,493
The NFL has rejected the NFLPA's formal request for Roger Goodell to recuse himself from the Tom Brady appeal, per Schefter.

https://twitter.com/AdamSchefter/status/601842218480074752
 

Ed Hillel

Wants to be startin somethin
SoSH Member
Dec 12, 2007
43,978
Here
epraz said:
Has Mortensen addressed it at all?
 
I believe he disappeared from ESPN for about 3 months completely, until Monday. Did anyone see him on at all on the air any time between the end of the Superbowl and Monday?
 

ivanvamp

captain obvious
Jul 18, 2005
6,104
For the life of me, I don't understand how Goodell can do this.  Two possibilities:
 
(1)  Vincent was the one, as Goodell has implied on several occasions now, who actually determined the penalty for Brady.  If that's so, that's a direct violation of the CBA.
 
(2)  If all Vincent was doing was passing on Goodell's penalty against Brady, then Goodell is in a clear conflict of interest here.  You can't be both the prosecuting attorney and the judge in the same case.  
 
If (2) is how the owners set up the rules, then I hope Brady's lawsuit not only wins him back his 4 games, but also has the added effect of causing Goodell to lose his job, as well as this entire stupid system to go kaput.  I hope Brady breaks this process completely.
 

ifmanis5

Member
SoSH Member
Sep 29, 2007
63,943
Rotten Apple
Ed Hillel said:
 
I believe he disappeared from ESPN for about 3 months completely, until Monday. Did anyone see him on at all on the air any time between the end of the Superbowl and Monday?
Yeah, he was front and center with ESPN's Draft coverage with Shefter.
 

Ed Hillel

Wants to be startin somethin
SoSH Member
Dec 12, 2007
43,978
Here
ivanvamp said:
 (2)  If all Vincent was doing was passing on Goodell's penalty against Brady, then Goodell is in a clear conflict of interest here.  You can't be both the prosecuting attorney and the judge in the same case.  
 
You can when you sign off on an agreement to do exactly that. Fortunately, Goodell appeared to ignore his obligations under the CBA for the sake of PR by asking Vincent to make the initial ruling.
 
Yeah, he was front and center with ESPN's Draft coverage with Shefter.
 
Ah, I had NFLN on. That's still a good 10 weeks, though.
 


I want to see Goodell actually talk to Brady face to face, assuming that doesn't stop this from going to court if that ends badly.
 
Part of me has hoped that one reason Brady didn't turn over the phone was that, in duscussing the Deflategate issue, he had some not so nice things to say about Goodell and the league. Imagine if Brady turned over the phone to Goodell personally and let him read them one by one. That will never happen obviously, but it's fun to think about.
 

ifmanis5

Member
SoSH Member
Sep 29, 2007
63,943
Rotten Apple
Ed Hillel said:
Ah, I had NFLN on. That's still a good 10 weeks, though.
He may have been on their other shows like NFL Live, I just don't watch it. I don't get a sense that he was reprimanded, if that's what you're getting at.
 

TomTerrific

Member
SoSH Member
Jul 15, 2005
2,706
Wayland, MA

NavaHo

Member
SoSH Member
Jun 29, 2010
322
Goodell refuses to concede a single thing to help diffuse this, in the name of establishing his power. And this after Bob Kraft bent the knee. I hope Brady takes this to the end of the world.
 

dcmissle

Deflatigator
Lifetime Member
SoSH Member
Aug 4, 2005
28,269
The question now is whether TB sues and moves to enjoin the proceeding before RG, or whether he goes through the process then sues. TB has preserved, from a legal standpoint, all of the arguments attacking the proceeding before Goodell. If goes through with it and then sues, he may save valuable time. On the other hand, suing now is tempting for a couple of reasons.

So we are waiting now on this important tactical decision.
 

Ed Hillel

Wants to be startin somethin
SoSH Member
Dec 12, 2007
43,978
Here
dcmissle said:
The question now is whether TB sues and moves to enjoin the proceeding before RG, or whether he goes through the process then sues. TB has preserved, from a legal standpoint, all of the arguments attacking the proceeding before Goodell. If goes through with it and then sues, he may save valuable time. On the other hand, suing now is tempting for a couple of reasons.

So we are waiting now on this important tactical decision.
 
What grounds is he suing on at this point? That Vincent made the original ruling? If that's the case, wouldn't that just result in the decision getting sent back to Roger, who would then issue the same punishment and hear the appeal again? Or would suing now also allow the Brady camp to get their hands on some documentation that could be of help for the long run?
 

SeoulSoxFan

I Want to Hit the World with Rocket Punch
Moderator
SoSH Member
Jun 27, 2006
22,102
A Scud Away from Hell
@adbrandt Goodell has seen how the independent arbitrator/former judge thing has worked out. Not giving up this one to someone else. #BradyAppeal
 
So, Goodell knows he won't win with a truly independent arbitrator, so he'll make sure to appoint someone (himself) who's not independent and ensure that he'll win. 
 
INTEGRITY!
 

dcmissle

Deflatigator
Lifetime Member
SoSH Member
Aug 4, 2005
28,269
My guess: vincent issuing the discipline a no-no, and RG not impartial to hear any appeal. So you would be asking for an order compelling RG to issue the discipline, if any, and the appointment of a neutral To hear any appeal.

Edit -- this in response to Ed
 

jsinger121

@jsinger121
SoSH Member
Jul 25, 2005
17,682
Question for any of the attorneys. If Brady takes this to court I know he has to turn over his cell phone records, emails, etc. can the NFLPA get a subpoena for emails, phone calls and texts for Roger Goodell, Troy Vincent, Jeff Pash, Ted Wells, Mike Kensil, Dean Blandino, Alberto Riveron, Walt Anderson, Jim Irsay, Ryan Grigson, Chuck Pagano and John Harbaugh?
 

Ed Hillel

Wants to be startin somethin
SoSH Member
Dec 12, 2007
43,978
Here
dcmissle said:
My guess: vincent issuing the discipline a no-no, and RG not impartial to hear any appeal. So you would be asking for an order compelling RG to issue the discipline, if any, and the appointment of a neutral To hear any appeal.

Edit -- this in response to Ed
Yeah, I figured. I see how they win the first, but the second was specifically bargained for. Don't we just end up with Goodell issuing a ruling, Goodell hearing the appeal, and then right back in court? In the interests of time, it would seem more prudent to just let Goodell hear this and then appeal, but there may be something I am missing.
 

nattysez

Member
SoSH Member
Sep 30, 2010
8,493
jsinger121 said:
Question for any of the attorneys. If Brady takes this to court I know he has to turn over his cell phone records, emails, etc. can the NFLPA get a subpoena for emails, phone calls and texts for Roger Goodell, Troy Vincent, Jeff Pash, Ted Wells, Mike Kensil, Dean Blandino, Alberto Riveron, Walt Anderson, Jim Irsay, Ryan Grigson, Chuck Pagano and John Harbaugh?
 
I really question that Brady has to turn anything over in the event he goes to court.  If the hearing is based on the unfairness of the process and the conclusions drawn from the evidence presented, there's no reason for him to be required to turn over his phone.  You can't introduce new evidence as part of an appeal, which is arguably what this would be.
 
In other news, NFL is now denying that Goodell has rejected the union's request to name a neutral.
 
This explanation makes no sense -- if the lawyers have submitted the papers, then it's official.
Ian Rapoport ‏@RapSheet  1m1 minute ago
Explaining discrepancy: Technically, Goodell hasn’t made it official. His lawyers submitted paperwork stating his view to not recuse himself
 
 

slamminsammya

Member
SoSH Member
Jul 31, 2006
9,392
San Francisco
Can someone explain this to me from Goodell's standpoint? Clearly there is some level of incompetence from him, but surely not to the point where Goodell's decision is entirely explained by stupidity. I mean, there have to be lawyers working for the NFL who have told him this is exactly what would happen, so the only conclusion I can come to is that Goodell wants this case to go to court, no?
 
If that is the case, why would Goodell want to take this to court, when many (to my mind) objective observers are saying he will certainly lose?
 

soxhop411

news aggravator
SoSH Member
Dec 4, 2009
46,477
@MikeGarafolo: So NFL saying no decision on Goodell/Brady yet and NFLPA hasnt commented. Well likely get final word next week.
 

JimBoSox9

will you be my friend?
SoSH Member
Nov 1, 2005
16,675
Mid-surburbia
slamminsammya said:
Can someone explain this to me from Goodell's standpoint? Clearly there is some level of incompetence from him, but surely not to the point where Goodell's decision is entirely explained by stupidity. I mean, there have to be lawyers working for the NFL who have told him this is exactly what would happen, so the only conclusion I can come to is that Goodell wants this case to go to court, no?
 
If that is the case, why would Goodell want to take this to court, when many (to my mind) objective observers are saying he will certainly lose?
 
Because they don't care about the court case.  This is a PR-driven strategy to project a certain image of the league office that they believe is crucial to maintaining their audience.  What they've learned from Rice and Peterson cases is that tossing out the CBA and Looking Tough gets the public response they want and being reversed later doesn't change the perception of the league's stance.  On the flip side, coming up light on discipline is negative PR they never want to feel again.  It's actually a totally rational risk analysis for the NFL to just say "fuck it, every time there's a sticky news cycle we just look at tough as we can and let the lawyers figure it out later".  As long as no union or judicial lever exists to force Goodell to abide by the CBA pre-litigation, they're practically incentivized not to.
 

drbretto

Member
SoSH Member
Apr 10, 2009
12,136
Concord, NH
For Goodell to appoint an independent arbitrator at this point would be like folding when he could stand. There's no downside for him to hear Brady out and try to make a quiet deal.
 

ipol

Member
SoSH Member
Jul 16, 2005
1,237
The Dirty Mo'
JimBoSox9 said:
 
.  As long as no union or judicial lever exists to force Goodell to abide by the CBA pre-litigation, they're practically incentivized not to.
Pretty much the definition of cynicism, then.
 

geoduck no quahog

not particularly consistent
Lifetime Member
SoSH Member
Nov 8, 2002
13,024
Seattle, WA
Isn't this the most likely explanation: Goodell is going to commute Brady's sentence, or substantially reduce it...all in a strategy to get the NFLPA to back off.
 
(The most surprising aspect of this whole thing is the lack of union members vocally backing their rights against a stacked deck)
 

Reverend

for king and country
Lifetime Member
SoSH Member
Jan 20, 2007
64,448
slamminsammya said:
Can someone explain this to me from Goodell's standpoint? Clearly there is some level of incompetence from him, but surely not to the point where Goodell's decision is entirely explained by stupidity. I mean, there have to be lawyers working for the NFL who have told him this is exactly what would happen, so the only conclusion I can come to is that Goodell wants this case to go to court, no?
 
If that is the case, why would Goodell want to take this to court, when many (to my mind) objective observers are saying he will certainly lose?
JimBoSox9 said:
 
Because they don't care about the court case.  This is a PR-driven strategy to project a certain image of the league office that they believe is crucial to maintaining their audience.  What they've learned from Rice and Peterson cases is that tossing out the CBA and Looking Tough gets the public response they want and being reversed later doesn't change the perception of the league's stance.  On the flip side, coming up light on discipline is negative PR they never want to feel again.  It's actually a totally rational risk analysis for the NFL to just say "fuck it, every time there's a sticky news cycle we just look at tough as we can and let the lawyers figure it out later".  As long as no union or judicial lever exists to force Goodell to abide by the CBA pre-litigation, they're practically incentivized not to.
 
It's more than just PR. The NFL and the NFLPA are repeat players playing this "game" against one another. Therefore, they have a vested interest not just in the outcome of each case, but in the rules that are promulgated that will govern future cases.
 
In this game, the NFL basically always argues for the unfettered, unchecked power and authority of the commissioner and the rest of the league office. Hell, they're even appealing the Rice decision and that ruling is about as straightforward as it gets.
 

dcmissle

Deflatigator
Lifetime Member
SoSH Member
Aug 4, 2005
28,269
Ed Hillel said:
Yeah, I figured. I see how they win the first, but the second was specifically bargained for. Don't we just end up with Goodell issuing a ruling, Goodell hearing the appeal, and then right back in court? In the interests of time, it would seem more prudent to just let Goodell hear this and then appeal, but there may be something I am missing.
You're all over it. One reason to file suit now is to get a judicial ruling that the NFL cannot do this Texas two-step within the Commissioner's office. No matter how this proceeds, it looks like crap. Win/win for Union.