#DFG: Canceling the Noise

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


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Bleedred

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scotian1 said:
John Dowd's take on the suspension of Tom Brady. He was ambushed! As the man who conducted the investigation into Pete Rose that led to his ban from baseball, he feels that the Wells Report is weak, the science doesn't add up an the evidence doesn't warrant the punishment.
http://www.foxbusiness.com/industries/2015/07/29/pete-roses-investigator-says-tom-brady-was-ambushed-by-goodell/
Dowd is excellent.  Have a listen.  "What's odd here is that Tom has now been convicted and suspension upheld on a charge that he had no notice of.  You can't do that....its fundamentally unfair."  
 

djbayko

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DavidTai said:
Here's the stupid question - if they know there were three texts unaccounted for, why couldn't they have just gotten back the -phone- in question rather than use Tom Brady's?
It wasn't about those 3 texts. That's what some people here surmised because it seemed fishy that 3 were missing...until they realized those 3 missing texts could be explained away by timing of phone possession.

The reason for wanting Brady's phone is still the same as we knew it 2 days ago. The NFL wanted to go on a fishing expedition. They also knew there was a very good possibility that they would not obtain the texts because Yee/Brady already said so and the NFLPA wouldn't want to either. Then they could hang him with non-cooperation in the court of public opinion if not court of law.
 

Prodigal Sox

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HomeBrew1901 said:
Brady wasn't but Jastremski and McNally were.
 
Unless you believe that McNally was calling himself "The Deflator" because he was a portly fellow.
Well he did deflate balls.  Brady wanted them at 12.5 and I'm sure they don't come that way out of the box. Doesn't mean he deflated them after the officials' inspection.
 

HomeBrew1901

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Prodigal Sox said:
Well he did deflate balls.  Brady wanted them at 12.5 and I'm sure they don't come that way out of the box. Doesn't mean he deflated them after the officials' inspection.
Except that the Patriots response to the Wells Report stated that he called himself the Deflator because he was on a diet.
 

troparra

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HomeBrew1901 said:
Brady wasn't but Jastremski and McNally were.
 
Unless you believe that McNally was calling himself "The Deflator" because he was a portly fellow.
 
Wasn't the theory that "deflator" was related in some way to the inflated look of juiced up football players?  Jastremski worked out a lot and wanted to look that way, in contrast Jastremski joked that he would rather be deflated because he is, as you say, a portly fellow on a diet.   
 
That would explain the weight loss angle, and explain two other things.  One, that there was one and only one use of the word "deflator", because it was a simple one-time joke.  Two, the date of the text - May 9, 2014 when no games were going on and the AFC Championship wasn't even a glint in Tom Brady's eye. 
 

djbayko

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HomeBrew1901 said:
Except that the Patriots response to the Wells Report stated that he called himself the Deflator because he was on a diet.
It's almost as if people use choose words because they have double meaning.
 

HomeBrew1901

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troparra said:
 
Wasn't the theory that "deflator" was related in some way to the inflated look of juiced up football players?  Jastremski worked out a lot and wanted to look that way, in contrast Jastremski joked that he would rather be deflated because he is, as you say, a portly fellow on a diet.   
 
That would explain the weight loss angle, and explain two other things.  One, that there was one and only one use of the word "deflator", because it was a simple one-time joke.  Two, the date of the text - May 9, 2014 when no games were going on and the AFC Championship wasn't even a glint in Tom Brady's eye. 
 
 
djbayko said:
It's almost as if people use choose words because they have double meaning.
I really don't care, this whole thing is a travishamockery and I'm just having fun with some of the side show stuff.
 

pappymojo

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HomeBrew1901 said:
Except that the Patriots response to the Wells Report stated that he called himself the Deflator because he was on a diet.
 
Actually, the Patriots response was that they asked him what the term meant and that his response was that he called himself that because he was on a diet. 

Wells didn't ask him why he used the term because Wells couldn't be bothered to look at texts from 2014 prior to his interview with the man. 
 

Myt1

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There is no Rev said:
 
That's true and fair. The leak of the phone stuff before the ruling was announced does sorta reek of a very intentional and self-conscious smear campaign, and I'm usually loathe to begin with believing that that's how professionals are operating.
 
This is potentially pretty loathsome behavior even by NFL league office standards. As awful as the Ray Rice debacle was, at least that was just them being callously ignorant shitheads.
The phone issue is a solid, solid gut punch from a legal standpoint. If the "on or about" language is acurate regarding the timing, it's the sort of thing that could hurt Brady a little by making him seem less than saintly or a medium amount by at least hinting that an adverse inference could be found.

Leaking it prematurely, however, while priming the pump of public opinion, could really backfire, because it continues a very obvious narrative about the NFL's misbehavior, starting with the Mort leaks and the failure to correct.
 

Eddie Jurak

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If Kraft goes to war with Goodell, he loses and sells the team. It's a no win situation for him - if he could have won, he already would have.

I think he'll either slink back into the hole he hid in last May, and continue being "in the club" albeit powerless, or he will join battle, lose, and wind up selling the team.

I think he'll go option 1.
 

Joshv02

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There is no Rev said:
 
I had thought I had read that the CBA requires cooperation with investigations, but on looking at the CBA, there really isn't anything about investigations at all.
 
As such, I would refine my earlier comment to say that the league wants lack of cooperation with investigations itself to be included under "conduct detrimental to the integrity of, or public confidence in, the game of professional football." Or rather, to the extent that the players seem by and large to agree that some cooperation is acceptable, the issue is the scope of what is required under threat of discipline.
Right. Roger completely ignores where the duty to cooperate comes from. The only reference in the entire opinion is without a citation. But, it is a memo to NFL owners regarding NFL employees. It's clear, that NFL employees are not the same as NFL players. If that were not the case, then the CBA would be worthless. So, I don't think there is any duty whatsoever for any NFL player to cooperate in any NFL lead investigation. Therefore, as I and I think is Mike McCain is now saying too, have tried to say before, there is absolutely no requirement for Tom Brady to have provided his phone. Therefore, he could have brought the phone to the hearing and smashed it with a hammer in front of Roger right before he took out his very big penis and Peed on top of it while while holding a match to Rogers picture. That should have the same bearing on whether or not he is suspended as failing to turn over text messages.
 

lexrageorge

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Eddie Jurak said:
If Kraft goes to war with Goodell, he loses and sells the team. It's a no win situation for him - if he could have won, he already would have.

I think he'll either slink back into the hole he hid in last May, and continue being "in the club" albeit powerless, or he will join battle, lose, and wind up selling the team.

I think he'll go option 1.
There's nothing to prevent Kraft to go "Al Davis" on Goodell or the NFL.  Basically be a big pain in the craw.  That will not force him to sell the team no more than it forced Al Davis to sell the Raiders.  
 

EricFeczko

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Ed Hillel said:
We all know Kraft is a smart businessman, and we know Jon can be ruthless. I assume that the Krafts have dirt on people around the league, including Goodell. I have to wonder if Kraft is reaching the point of "doesn't give a shit" and may start using his power to take the ship down with him.
I'm not trying to pick you out, but this comment is reminiscent of many on this thread; have any one of you actually met Bob Kraft? He's a much better person than that.
 

SamK

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I don't understand much about "the 32", the politics of The Shield's office in NYC, the court system in labor (or anti trust) law, how to shape public opinion, or even if public opinion is important.
But, I follow football, and I know Kraft's six minute pre-season speech is exactly what this team needed to keep focused and win again in 2015. He has his players' backs, and they have their marching orders. The Patriots have a clear vision and chain of command. Bill's little how-to-handle-the-press clinic after it was a perfect exclamation point and a model for his players and staff to follow.
I love this team.
Some part of this score is going to be settled on the field. I can't wait for football.
 

dcmissle

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Sample size and all that, but I would prefer Berman. Vastly perhaps. Does the NFL voluntarily dismiss it's SDNY complaint?

As noted in companion thread, if this 78 year old has a clear sense of right and wrong re things like evidence spoiliation, we have a big problem.
 

edmunddantes

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Apparently has previously recused himself from NFL antitrust case in 2011
 
https://twitter.com/BobMcGovernJr/status/626512624373661696
 

Harry Hooper

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MarcSullivaFan said:
Agreed. Don't know Berman, but SDNY is considered one of the best and most influential federal district courts. And from an employment law perspective, it's considered to be employee-friendly. But I can't say I know if that's true for Berman in particular, and Tom Brady is not a typical employee.
 
 
Really DO appreciate the insights from the legal SoSHers, but I can't help but think back to all the high regard ladled on Wells when he was named to head the investigation.
 
 
Addendum: someone or someones need to dig into Berman's footbal fan allegiance.
 

Eddie Jurak

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SamK said:
I don't understand enough about "the 32", the politics of The Shield's office in NYC, the court system in labor (or anti trust) law, how to shape public opinion, or even if public opinion is important.
But, I follow football, and I know Kraft's six minute pre-season speech is exactly what this team needed to keep focused and win again in 2015. He has his players' backs, and they have their marching orders. The Patriots have a clear vision and chain of command. Bill's little how-to-handle-the-press clinic after it was a perfect exclamation point and a model for his players and staff to follow.
I love this team.
Some part of this score is going to be settled on the field. I can't wait for football.
Really good point.  I thought exactly the same thing about Bill Belichick's impromptu press conference the week before the Super Bowl.
 
That could easily be part of Kraft's motivation, and I'd much rather believe that reasoning rather than "impotent rage".
 

ifmanis5

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Cops are now protecting RG's house from the angry mob: http://www.pressherald.com/2015/07/29/scarborough-police-watch-over-roger-goodells-home-on-prouts-neck/
 
 
Scarborough police are keeping an eye on the Prout’s Neck property of NFL Commissioner Roger Goodell, who upheld the four-game suspension of New England Patriots quarterback Tom Brady on Tuesday – a decision that’s unlikely to sit well with fans of the Super Bowl champions. The NFL contacted Scarborough police Tuesday.
 
 

Harry Hooper

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As far as the NFL's timing of the decision yesterday, please take note that it was done right before BB would have to make an appearance before the press. From day night 1 of this whole thing, every move, every leak, every announcement has been designed to inflict maximum pain on the Pats. This is all coming right from the Commish.
 

soxhop411

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“@TomPelissero: Just talked to Jeff Kessler. NFLPA filing suit for Tom Brady on four grounds, including lack of notice and Roger Goodell’s partiality.”
 

riboflav

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Eddie Jurak said:
Lack of notice?  Is that in reference to yesterday's release and immediate court filing?
 
I believe it has to do with the fact that Wells and RG never intimated that Brady would get in any trouble whatsoever for his level, or lack thereof, of cooperation. My understanding is that the NFLPA may feel like it was a set-up. Tell Brady behind closed doors that he cooperated and thank him for all his efforts. Then, boom - suspended and fined for not cooperating.
 
EDIT: See post 1044 for John Dowd's take.
 

edmunddantes

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ilol@u said:
No way in hell does Roger Goodell show up for the season opener, right?
Hard to tell what motivates some people.
 
There are people that revel in the animosity if they think their cause is righteous. 
 
Or 
 
believe that failing to show is sign of cowardice/giving in to the lesser rabble that don't know what I do or appreciate it enough.
 
There are plenty of personality traits that could make someone want to show up knowing it will be hostile. Some might even revel in it.
 

Doctor G

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rodderick said:
I just hope the fans have some signs and chants for Goodell ready to go on opening day Will be hilarious to see the lengths the broadcast would go not to give them any exposure.
Wear helmets protect against flying broken cellphones.
 

Trlicek's Whip

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HomeBrew1901 said:
I really don't care, this whole thing is a travishamockery and I'm just having fun with some of the side show stuff.
 
If "having fun" is splashing the pot Teddy KGB-style with endless negative-value posts and "I'm just a caveman" devil's advocacy, then mission accomplished.
 

soxhop411

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“@AlbertBreer: From Brady suit: ”The purportedly independent Wells Report was edited by Pash, the NFL’s General Counsel, before its public release.“”
 

Marciano490

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soxhop411 said:
“@AlbertBreer: From Brady suit: ”The purportedly independent Wells Report was edited by Pash, the NFL’s General Counsel, before its public release.“”
 
Well that looks damn awful, but isn't surprising.  I wonder how they got that.  Wonder what else they'll find out in discovery.
 

riboflav

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soxhop411 said:
“@AlbertBreer: From Brady suit: ”The purportedly independent Wells Report was edited by Pash, the NFL’s General Counsel, before its public release.“”
 
This would be pretty damning to the NFL, no? I suppose we can see why Wells is now claiming privilege. 
 

Crazy Puppy

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dcmissle

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It's really too much to hope for, but if there is a whistleblower in the belly of the beast who has had all he or she can abide, this could get very interesting very quickly.
 

WayBackVazquez

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soxhop411 said:
“@AlbertBreer: From Brady suit: ”The purportedly independent Wells Report was edited by Pash, the NFL’s General Counsel, before its public release.“”
 
 
Marciano490 said:
 
Well that looks damn awful, but isn't surprising.  I wonder how they got that.  Wonder what else they'll find out in discovery.
 
 
riboflav said:
 
This would be pretty damning to the NFL, no? I suppose we can see why Wells is now claiming privilege. 
 
 
ifmanis5 said:
How do they know that?
 
There was pre-hearing briefing on this, and Goodell addressed it in his opinion.
 

edmunddantes

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With his typical hand waving of not credible concern or I just reject it.

Wells invoking privilege when asked details concerning investigation is another one he just waved away.
 

Eddie Jurak

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Omar's Wacky Neighbor said:
I would think failing to notify TB that not turning over his phone device would result in penalty.
Ah, that makes way more sense.
 
Edit: Of course, if they had given Brady such notice, wouldn't that be part of NHLPA complaint?