#DFG: Canceling the Noise

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


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Mooch

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Asked about which gauge Walt Anderson used, Ted Wells associate Lorin Reisner said it “doesn’t matter.” Says it doesn’t change the science.

INCORRECT. They just stepped in it there.
 

RIFan

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HowBoutDemSox said:
Wait - Paul, Weiss attorneys were present at the first three interviews, not just NFL security officials? Is that what he said?
That wasn't clear. He said 3 interviews were done with McNally without him. It would seem odd if only NFL security and no PW attorneys were involved.
 

E5 Yaz

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bluefenderstrat said:
 
The NFLPA can request a neutral arbitrator, and it's highly likely they will get it in this case.
 
True, i should have included that point in my response
 

Morgan's Magic Snowplow

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DrewDawg said:
 
A one game difference last season meant we could have been playing on the road in the AFC title game.
 
Three of the four games are Pittsburgh (11-5 last year, and we'll be without Brady and Blount), at new-look Buffalo and that defense, and against a good Dallas team. That's not an easy road for a kid from an FCS school making his first starts. I'm not saying that's murderer's row, but it's not Jacksonville, Oakland, and Tampa Bay either.
 
 
Obviously every game counts but the sky isn't going to fall.  Our expected wins over four games will probably be around 2, while it would have been around 3 with Brady at the helm.  We'll be huge favorites against Jax, slight dogs on the road to Buffalo and Dallas, and either small favorites or a pickem against Pittsburgh.
 
Generally speaking, people overrate the impact that one player can make, even the best player at the most important position.  Its not like we expect to go 4-0 with Brady but 0-4 with Garrappolo.
 

dcmissle

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Stitch01 said:
This is pretty stunning to me.  Seems like some zero upside/all downside answers being given out here as the interview goes on.  
Well that's right. He has gone from being so-called independent to an advocate.

The report and discipline have to stand on their own. Wells cannot bolster at this point.

Since he plainly is not scaring anyone out of an appeal, all he has done is provide fodder to further undermine the report and the whole process.
 

Marciano490

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BroodsSexton said:
 
Are you kidding?  Other clients are looking at this and thanking their professional hitmen that there are people who will mop up shit like this.
 
Eh, you want your professional hitmen to make sure the body's cold, not put two bullets in its back and just leave it for dead.
 

DJnVa

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Stitch01 said:
This is pretty stunning to me.  Seems like some zero upside/all downside answers being given out here as the interview goes on.  
 
Which is the opposite of what everyone was saying before it started.
 
We know nothing.
 

Hoya81

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Ted Wells says initial complaint by Colts before AFC Championship Game wasn't taken seriously. Yet, emails were fwd along, refs notified.
— Doug Kyed (@DougKyedNESN) May 12, 2015

WTF are we doing here then?
 

NatetheGreat

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7.  Go full F-U mode for the 2015 season.  Don't get Brady hurt.  But no sympathy for anyone.  Crush.  Destroy.  As much as you are able.  
 
I'm not sure this actually helps anything. There's a strong argument to be made that the Pats are partially in this position because they are widely disliked and RG bases his punishments entirely on his reading of public perception. "Everyone thinks the Patriots are dirty cheaters" perhaps shouldn't factor into discipline, but it absolutely and demonstrably does, so a plan of "going forward, we will double down on alienating every other team and fanbase" strikes me as a bad way to win what is in many ways a PR battle.
 

Mooch

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Now Teddy is saying that no one took the Colts warnings about ball deflation seriously? C'mon dude.
 

BroodsSexton

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Marciano490 said:
 
Eh, you want your professional hitmen to make sure the body's cold, not put two bullets in its back and just leave it for dead.
 
Yeah, that's fair enough.  But when the facts come out, he may have done the best with what he had.
 

soxhop411

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@RapSheet: Ted Wells, on why Tom Bradys testimony wasnt used: I totally disagree that I did not describe Mr. Bradys interview in the report.
 

HowBoutDemSox

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RIFan said:
That wasn't clear. He said 3 interviews were done with McNally without him. It would seem odd if only NFL security and no PW attorneys were involved.
Oh, ok. Per the report, the first three interviews were very soon after the game, so it made sense that Wells' team wouldn't have been there. I think then we can't assume PW was there for the first three interviews based on this call unless he said so.
 

DJnVa

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Said he did present Brady's side and said Yee should publish his notes?
 
Awesome.
 
#ENTERTAINME
 

Stitch01

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dcmissle said:
Well that's right. He has gone from being so-called independent to an advocate.

The report and discipline have to stand on their own. Wells cannot bolster at this point.

Since he plainly is not scaring anyone out of an appeal, all he has done is provide fodder to further undermine the report and the whole process.
Thought he was fine until he got into the "bottom of his heart" comment and the stuff about the gauges.  Those just seem like unforced errors, I wouldnt have expected that from a top lawyer making public comments.  Would think rule number 1 of this presser is emphasize independence, refer to the report, and say nothing of meaning or am I way off base?
 

soxhop411

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@JeffDarlington: Welp. RT @RapSheet: Wells on why Bradys testimony wasnt used: I totally disagree that I didnt describe Bradys interview in the report.
 

LuckyBen

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Mooch said:
Now Teddy is saying that no one took the Colts warnings about ball deflation seriously? C'mon dude.
Seriously, what is he thinking with this interview? He can do no good.
 

Tyrone Biggums

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Ted Wells sounds like a spoiled little kid on this call who just had his favorite toy taken away. This is the guy who was running the investigation? Please take these clowns to court.
 

pappymojo

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WenZink said:
If you want to make the point that the officials "allowed" McNally the opportunity, then you can start to build a case for it being a sting operation.  But that doesn't make McNally's action any less a violation.
My belief is that the refs were extremely confused, and maybe one ref said to McNally 'get these balls out there' and then another ref said 'shit, where are the balls?'
 

DJnVa

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Mooch said:
Asked about which gauge Walt Anderson used, Ted Wells associate Lorin Reisner said it “doesn’t matter.” Says it doesn’t change the science.

INCORRECT. They just stepped in it there.
 
Yeah, that's a MAJOR fuck up. Of course it matters.
 
If I step on one scale and it reads 175 then immediately step on another and it reads 174 I didn't lose a pound.
 
 
Also, if it didn't matter why would you pressure him to say he may have used the other one. I can't believe he said that. That's astounding.
 
 

Nick Kaufman

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Hoya81 said:
 

Ted Wells says "I believe that to the bottom of my heart" that text messages implicate Tom Brady.
— Rachel Nichols (@Rachel__Nichols) May 12, 2015
Which texts by Brady and to who?
 


 
 
Ok, let's not go overboard. The text between McNally and Yastremski where Yastremski relates that Brady said that McNally must be stressed is a pretty good indication that Brady was aware of what McNally was doing.
 
There's strong indication that something funny went on. But calling the Pats cheaters is the equivalent of calling both a jaywalker and a murderer as a lawbreaker. It obfuscates the vast difference of proportion between the two infractions.
 

ifmanis5

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Tyrone Biggums said:
Ted Wells sounds like a spoiled little kid on this call who just had his favorite toy taken away. This is the guy who was running the investigation? Please take these clowns to court.
Indeed. Most of the presser was to take shots at Brady and his agent.
 

PedroKsBambino

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Stitch01 said:
Yeah Im pretty surprised by some of his later answers.  Thought the jury answer was really good, the rest of this seems like he is putting his reputation on the line with about zero upside IMO.
 
The top white collar guys view this stuff as mortal combat (the actual kind, not the video game kind).  They are incredibly invested in their representations.  Once he puts his name on the report he owns it, and I do not think he would have done the PC unless he were completely willing to say so publicly.
 
My personal read of the report is that it is an example of tunnel vision which we often see from prosecutors on high-profile criminal cases; it is possible Wells has info he didn't include in the report, but it is looking less and less likely.  Which is bad news for Ted Wells---while he's a highly respected white collar attorney, there's a tier above him and those guys are going to shred this thing into a million embarassing pieces if what we've seen is all there is and they get a chance to do so (e.g. there's serious litigation and discovery).
 

dcmissle

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Stitch01 said:
Thought he was fine until he got into the "bottom of his heart" comment and the stuff about the gauges.  Those just seem like unforced errors, I wouldnt have expected that from a top lawyer making public comments.  Would think rule number 1 of this presser is emphasize independence, refer to the report, and say nothing of meaning or am I way off base?
Rule number 1 of the presser is to put your massive ego and butt hurt feelings aside and not have the presser.
 

Nick Kaufman

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I think we should also digest the idea that we aren't persecuted by people who know better. We are persecuted by people who really believe that they re doing the right hting.
 

NatetheGreat

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Nick Kaufman said:
 
 
Ok, let's not go overboard. The text between McNally and Yastremski where Yastremski relates that Brady said that McNally must be stressed is a pretty good indication that Brady was aware of what McNally was doing.
 
There's strong indication that something funny went on. But calling the Pats cheaters is the equivalent of calling both a jaywalker and a murderer as a lawbreaker. It obfuscates the vast difference of proportion between the two infractions.
 
This is pretty much where I am. "The patriots did absolutely nothing at all wrong whatsoever" strikes me as a much tougher sell than "the patriots likely engaged in fairly minor rulebreaking, for which they being hit with a punishment so extreme it can't be justified". 
 

Average Reds

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Nick Kaufman said:
 
 
Ok, let's not go overboard. The text between McNally and Yastremski where Yastremski relates that Brady said that McNally must be stressed is a pretty good indication that Brady was aware of what McNally was doing.
 
There's strong indication that something funny went on. But calling the Pats cheaters is the equivalent of calling both a jaywalker and a murderer as a lawbreaker. It obfuscates the vast difference of proportion between the two infractions.
 
It creates a strong inference that McNally may have been "adjusting" the inflation levels of the ball after they left the control of the refs, which is a violation.  By itself, it says absolutely nothing about whether Brady was aware of it or not. 
 

Stitch01

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PedroKsBambino said:
 
The top white collar guys view this stuff as mortal combat (the actual kind, not the video game kind).  They are incredibly invested in their representations.  Once he puts his name on the report he owns it, and I do not think he would have done the PC unless he were completely willing to say so publicly.
 
My personal read of the report is that it is an example of tunnel vision which we often see from prosecutors on high-profile criminal cases; it is possible Wells has info he didn't include in the report, but it is looking less and less likely.  Which is bad news for Ted Wells---while he's a highly respected white collar attorney, there's a tier above him and those guys are going to shred this thing into a million embarassing pieces if what we've seen is all there is and they get a chance to do so (e.g. there's serious litigation and discovery).
He owns the report.  To me, at least, there's a truckload of room between a report heavily caveated by assumptions saying "I believe this is more probably than not true" and "I believe from the bottom of my heart that Tom Brady is guilty" with the latter adding much more downside to the firm with pretty much no upside.
 

Nick Kaufman

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NatetheGreat said:
 
This is pretty much where I am. "The patriots did absolutely nothing at all wrong whatsoever" strikes me as a much tougher sell than "the patriots likely engaged in fairly minor rulebreaking, for which they being hit with a punishment so extreme it can't be justified". 
 
And the outrage and moral hysteria isn't justified at all.
 

dstunbound

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PedroKsBambino said:
 
My personal read of the report is that it is an example of tunnel vision which we often see from prosecutors on high-profile criminal cases; it is possible Wells has info he didn't include in the report, but it is looking less and less likely.  Which is bad news for Ted Wells---while he's a highly respected white collar attorney, there's a tier above him and those guys are going to shred this thing into a million embarassing pieces if what we've seen is all there is and they get a chance to do so (e.g. there's serious litigation and discovery).
 
For those of us that don't know squat about the legal world, is the next tier the lawfirm that Brady and Yee hired to work with them? 
 

LuckyBen

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Nick Kaufman said:
I think we should also digest the idea that we aren't persecuted by people who know better. We are persecuted by people who really believe that they re doing the right hting.
My first thought as well. How can these people constantly come off as so inept. Goodell plays the good old boy well I guess.
 

E5 Yaz

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Where this goes from here only depends on what you want to see happen:
 
If you want to see4 the penalties reduced, you have a chance.
 
If you want to have public perception changed, that boat has sailed.
 

EvilEmpire

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Well, the league certainly didn't take the Colts' complaints seriously enough to plan a better sting operation. Talk about amateur hour.
 

Nick Kaufman

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Average Reds said:
 
It creates a strong inference that McNally may have been "adjusting" the inflation levels of the ball after they left the control of the refs, which is a violation.  By itself, it says absolutely nothing about whether Brady was aware of it or not. 
 
Again. I think the more probable than not that Brady was aware is accurate. I don't think that McNally acts on his own accord to do something illegal. I also don't think that Brady who's meticulous on preparing the balls just the way he likes them, skips on the details of what is done in the last phase. Unless perhaps he understands that he ought to have plausible deniability, in which case, that also really makes him "know".
 

E5 Yaz

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Nick Kaufman said:
 
And the outrage and moral hysteria isn't justified at all.
 
Unfortunately, it no longer has to be justified in today's society
 

nolasoxfan

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ifmanis5 said:
And it's over. Ted basically made himself available so he could protect his name and tell everybody to kiss his butt.
He may have done the latter, but I think he failed to achieve the former.  In fact, he may have damaged his name with this ego-driven exercise.  
 

geoduck no quahog

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Man, I hope that someday all of the primary source material comes out, including full un-edited records (including transcripts) of the entire investigation.
 
Vincent's letter alludes to "evidence" of previous ball inflation violations. I take that to mean other teams were (for some reason) measuring Patriot's home-game balls after coming into possession of them - and maybe some of these measurements occurred during temperate games where the Ideal Gas Law would have a marginal impact. Alternatively, opponents' measurements were done in cold weather and (these are football guys, not brain surgeons) they assume low readings were due to deflation.
 
The report infers that McNally had plenty of opportunity to needle balls in the Officals' Locker Room during the regular season, but not during a playoff game. I'd like to understand better how he could do that consistently and never get caught.
 
The NFL wanted to catch/punish the Patriots before the investigation was initiated, but the NFL had no concept of the Gas Law. The investigation was subsequently shaded to prove guilt, whether or not the Patriots were guilty.
 
McNally lied. You don't lie if you're innocent. He did something wrong. 
 
Brady probably tried (at best) to do damage control after the playoff allegation, which is understandable. At worst, he tried to influence the investigation. In both cases, his communications remain private for a reason.
 
Only facts can settle this matter. It's absolutely possible that Wells is correct. It's possible that his correctness is based on really shitty evidence and protocols. This smells like an "I know what happened but I just can't prove it" scenario. It's also possible he's really, really wrong.
 
I wish real lawyers and real jurisprudence could find its way into this.