#DFG: Canceling the Noise

[loshjott]

Well, they're right on the last line.

 
Whoever wrote that is obviously too young to remember the 70s and 80s. Enjoy it while we can, kids!

 

[dcdrew10]

Dolphins forum bringing it...
 

 

 

That's just unfair and prejudiced; no special needs kid deserves to be compared to Phins/Jests fans, there's already enough of a stigma associated with special needs.

LOL at a Dolphins who is too dumb to realize he called himself dumb. Sad.

 

[DennyDoyle'sBoil]

Cossack to Schefter "You are better off leaving the legal analysis to others"

 
"How about Judge Berman" would have been a nice response.

 

[Jed Zeppelin]

NFL can have its "technicality" complaint all it wants. It doesn't take a fuckin genius to see that if the league had run a clean and open investigation and appeals process that was "technicality-proof" the entire thing would have blown up when an actual independent report wouldn't have fabricated results to get the verdict it was paid to get.
 

Dolphins forum bringing it...
 

 

 

 
Only took three lines of thought to get to the real heart of the issue. Not bad.

 

[Van Everyman]

It seems like the lawyers who were advising Goodell didn't do a great job here -- or at least took calculated risks that really backfired.  The Pash problem was a trap they fell into.  Having Wells' partner appear at the hearing to cross-examine Brady, while the Covington lawyers made objections was unnecessary.  And the gamesmanship of jumping to SDNY simultaneously while releasing the decision probably wasn't lost on Berman.  I think when a party basically signals to a judge (or in this case a court) "we want you," they run the risk that the judge will bend over backwards to be fair.  Although, as Boggs' chicken dinner notes, it might not have mattered.

This is my impression as well -- from the "it's just like PEDs" argument to Goodell's enhanced contention in the arbitration decision that Brady was the ringleader of the deflation scheme, it seems, in general, that Berman was largely sympathetic to the "railroading" argument.

 

[NortheasternPJ]

LOL: Brady 39-5 against first four week opponents. 

 

[ifmanis5]

Finally, some common fucking sense in this debacle.
 
Thank you Judge Berman for not drinking Roger's Kool-Aid or eating the sour grapes of the league office, fans and other teams. What a nightmare this has all been and at least we can take the victory here after almost a whole year of garbage. JUSTICE.

 

[AlNipper49]

If someone could help me track down a gif of Brady looking for hi-fives with a stupid grin on his face (you all know the one) that would be great. Because it perfectly encapsulates what it's like to be Pats fan outside of NE right now.

this one ?
 

 

[Harry Hooper]

Of course, NESN has been running infomercials this morning.

 

[dirtynine]

NFL can have its "technicality" complaint all it wants. It doesn't take a fuckin genius to see that if the league had run a clean and open investigation and appeals process that was "technicality-proof" the entire thing would have blown up when an actual independent report wouldn't have fabricated results to get the verdict it was paid to get.
 
 
Only took three lines of thought to get to the real heart of the issue. Not bad.

 
To be clear - my bad - those are three separate authors.  A montage of tears, if you will. 

 

[Leather]

It seems like the lawyers who were advising Goodell didn't do a great job here -- or at least took calculated risks that really backfired.  The Pash problem was a trap they fell into.  Having Wells' partner appear at the hearing to cross-examine Brady, while the Covington lawyers made objections was unnecessary.  And the gamesmanship of jumping to SDNY simultaneously while releasing the decision probably wasn't lost on Berman.  I think when a party basically signals to a judge (or in this case a court) "we want you," they run the risk that the judge will bend over backwards to be fair.  Although, as Boggs' chicken dinner notes, it might not have mattered.

 
The lawyers had no choice.  They played the hand they were dealt.
 
Had Wells been involved from the get-go, I'm sure he would have pointed out the potential pitfalls of the NFL's plan of attack, and found ways to foolproof things so the punishment ended up the same by fit within the limits of the CBA.
 
Goodell should have talked to lawyers before taking a single step toward punishing Brady (or the Patriots).  I'm guessing he didn't, and the resulting trail of bullshit was impossible to wash away even with some of the best lawyers in the country trying to help.

 

[NavaHo]

Yes, Adam Schefter and everyone here should defer to Roger Cossack and Lester Munson's "The arbitrator can do whatever he wants, it's that clear-cut" brand of legal analysis.

 

[ifmanis5]

The good news is that Roger Goodell is available 24/7 to reporters; I'm sure we'll hear from him answering all questions in an open and honest session today.

 

[NortheasternPJ]

Mike Reiss looks like a kid at Christmas.

 

[joe dokes]

"emgaved"?
 
Otay.

 

[Cellar-Door]

Is Roger Cossack a lawyer?

Yep. Used to be an L.A. prosecutor.

 

[PeaceSignMoose]

Of course, NESN has been running infomercials this morning.

 
Unfortunately, it's Jones and Flynn right now but CSNNE has cut to a simulcast of the midday show on 98.5.  So it's something local at least.

 

[PedroKsBambino]

Although I don't agree that the forum-shopping had any effect, I would love to be a fly on the wall to see where the lawyers' recommendations and the clients' actions diverge. In-house lawyers for your client can be the litigator's biggest nemesis, given that they often have different goals.

 
Agreed---I think it's nearly inconceivable that Covington and Akin did not say to Goodell/Pash "this is a bad idea" at a couple points in this process.    
 
There is nothing we've seen from Goodell that suggests he is able to process complicated advice and make good decisions.

 

[Boston Brawler]

 

[Omar's Wacky Neighbor]

Is Roger Cossack a lawyer?

Oh, so much, much more than just a "lawyer".  About ten minutes ago, he referred to himself as "a legal expert".
 
(context:  Shefter was practically bouncing out of his seat with excitement, and made a point with the qualifier that he isnt a legal expert, at which point Cossack jumped in with something like "Well, I am a (or I'm the) legal expert, and yada yada yada....")
 
Talking heads abound who STILL dont know the difference between impartial and independent.

 

[SeoulSoxFan]

Change the site banner

 
Wish granted.

 

[Average Reds]

Yep. Used to be an L.A. prosecutor.

 
This explains a lot.

 

[Buster Olney the Lonely]

"emgaved"?
 
Otay.

Seriously. Who aksed for his imput?

 

[kelpapa]

 
Wish granted.

Awesome

 

[ifmanis5]

Kraft has to be taunting Goodell via text, right?

Hopefully with Favre's dick pics.

 

[ifmanis5]

The Jets find yet another way to lose to the Pats.

 

[joe dokes]

The lawyers had no choice.  They played the hand they were dealt.
 
Had Wells been involved from the get-go, I'm sure he would have pointed out the potential pitfalls of the NFL's plan of attack, and found ways to foolproof things so the punishment ended up the same by fit within the limits of the CBA.
 
Goodell should have talked to lawyers before taking a single step toward punishing Brady (or the Patriots).  I'm guessing he didn't, and the resulting trail of bullshit was impossible to wash away even with some of the best lawyers in the country trying to help.
 

 
Based on what I know, this is where I am.  Lawyers are also "counselors" who help keep clients out of trouble. To go back to the HR context that often came up.....HR always "talks to the lawyers" before any high-profile discipline.  We can't have the assessment of Goodell that we have -- stubborn, unqualified, vain, etc -- without also applying that to how and whether he'd seek or take advice.
 
[armchair psychobabble alert]  In fact, he strikes me as the type of guy who resents all those "fancy-talking lawyers always trying to tell me what to do."[/done]
 

Oh, so much, much more than just a "lawyer".  About ten minutes ago, he referred to himself as "a legal expert".
 

Yeah....that's what people who don't think they should actually call themselves lawyers call themselves. Maybe he's just being honest-ish.

 

[MillarTime]

 
Wish granted.

 
God bless you. That is fantastic.

 

[Zososoxfan]

this one ?
 

 
Glorious, thanks Nip!

 

[ifmanis5]

Ryan Smith on ESPN: Huge slap down for the NFL, going to make them gun-shy in the future with rulings.

 

[SeoulSoxFan]

@BillSimmons God bless America.
 
I cannot wait until he goes to town on Goodell. CANNOT WAIT.

 

[Van Everyman]

Fantastic! Wish he'd ruled on evident partiality, but the reality is that Brady still has all those arguments available to fight off an NFL appeal. Berman called it just like he saw it at oral argument. Right down the line.

Just so fucking nice someone neutral finally looked at this.

Might Berman have wanted to stay away from this issue entirely for fear of being overturned? IANAL, but the "evident partiality" issue seems to go directly to the "Sure it sucks, but the players agreed to this" argument -- i.e., the fundamental unfairness of having the administrator of discipline also hear the appeal in the CBA. By sidestepping the issue entirely, isn't Berman essentially not ruling on whether the CBA itself was fair or not but arguing that Goodell failed to abide by the agreement?

 

[Harry Hooper]

Andrew Brandt: "Power is Roger's thing."

 

[singaporesoxfan]

Yes, Adam Schefter and everyone here should defer to Roger Cossack and Lester Munson's "The arbitrator can do whatever he wants, it's that clear-cut" brand of legal analysis.

I wonder how many arbitration awards in all the rest of the companies of the U.S. have been vacated in the last two years compared to the NFL.

 

[Shelterdog]

 
Agreed---I think it's nearly inconceivable that Covington and Akin did not say to Goodell/Pash "this is a bad idea" at a couple points in this process.    
 
There is nothing we've seen from Goodell that suggests he is able to process complicated advice and make good decisions.

 
I place the blame solely on Pash.  Only a Harvard-trained lawyer could come up with such a Rube Goldberg-esque system of league punishment. 

 

[DennyDoyle'sBoil]

I guess a postscript to what I said above is that maybe it's premature to criticize the NFL's strategy of going to SDNY until we see what the second circuit might do.

 

[joe dokes]

On June 23,2015, an arbitration appeal hearing was conducted before Commissioner (and
 
Arbitrator) Goodell.
 

 
 
Very telling.

 

[( . ) ( . ) and (_!_)]

 
Wish granted.

 
Well done sir.  Well done

 

[ifmanis5]

Cossack sounds genuinely pissed. Deflecting everything and wants to see what the 2nd circuit does. Basically sticking his hands in his ears and angrily shouting 'I can't hear you.' What a clown.

 

[canderson]

Catastrophic server crash has killed every IT (phone, email, server, web) system this morning so just saw this news.


Hallelujah!

Also of you post tweets PLEASE COPY THE TEXT TOO. Linked tweets don't show on the app.

 

[Koufax]

I regret that I am in my office today and can't hear Gary Tanguay's take on this.  He was absolutely 100% certain that the NFL would win this case.

 

[garzooma]

Smart Harvard graduates actually restrain their ego. Moderately intelligent Harvard graduates think they really are very smart compared to everyone else, but they never tell anyone because they know it makes them look bad. And Harvard graduates that are complete idiots brag about it not only to others, but in a proceeding that has a written transcript.

 
This post needs to be printed up and delivered with every Ivy League diploma.

 

[NortheasternPJ]

Cossack sounds genuinely pissed. Deflecting everything and wants to see what the 2nd circuit does. Basically sticking his hands in his ears and angrily shouting 'I can't hear you.' What a clown.

 
FAIRNESS ISNT IN THE CBA! THERES A LOT OF UNHAPPY ARBITRATION LAWYERS OUT THERE. WELL SEE YOU IN THE SECOND CIRCUIT!
 
That Judge Berman is tricky! 
 
What a clown

 

[loshjott]

I guess a postscript to what I said above is that maybe it's premature to criticize the NFL's strategy of going to SDNY until we see what the second circuit might do.

 
That's my thought also. I keep thinking of the final scene of Eight Men Out when the Black Sox are celebrating at the restaurant while Landis is issuing the "banned for life" order.
 
Are we the Black Sox celebrating prematurely? Or is Berman in the Landis role slapping down Goodell and company.

 

[bsj]

And the NFL makes millions on opening night. 

 

[LuckyBen]

I want to hear Mara's opinion on this stat. Does he still want it to just be over or is he going to say Roger will do what's in the leagues best interest, integrity of the game, yada, yada, yada.

 

[joe dokes]

crystalline, on 03 Sept 2015 - 11:10 AM, said:

Smart Harvard graduates actually restrain their ego. Moderately intelligent Harvard graduates think they really are very smart compared to everyone else, but they never tell anyone because they know it makes them look bad. And Harvard graduates that are complete idiots brag about it not only to others, but in a proceeding that has a written transcript.

 

 
Most of the nation's great lawyers didn't go to Harvard.

 

[Average Reds]

 
That's my thought also. I keep thinking of the final scene of Eight Men Out when the Black Sox are celebrating at the restaurant while Landis is issuing the "banned for life" order.
 
Are we the Black Sox celebrating prematurely? Or is Berman in the Landis role slapping down Goodell and company.

 
Hey, Debbie Downer, all those soul-crushing rulings from earlier this year were from the NFL itself.  In case you had not noticed, the NFL does not tend to do very well when they get in front of actual judges.

 

[garzooma]

 
The lawyers had no choice.  They played the hand they were dealt.
 
Had Wells been involved from the get-go, I'm sure he would have pointed out the potential pitfalls of the NFL's plan of attack, and found ways to foolproof things so the punishment ended up the same by fit within the limits of the CBA.

 
Maybe it was the NFL mostly responsible for this fiasco, but they weren't the ones who didn't do their homework and check all the texts on McNally's phone.  That screw up was all Wells.  So I can't help but wonder which of the other screw ups were also his.

 

[NortheasternPJ]

League is going to appeal per ESPN/WBZ.