TB Suspension: Cheater free to play again

scotian1

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What I find amazing is that the interpretation of the law can be so different between these judges, with the senior judge voicing a different viewpoint than the other two.
 

dcmissle

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There's a chance this happens. That is, of course, a far cry from "its best for the long-term" which is what the original post (not yours) argued and the most likely outcome is Jimmy G pretty much sucks in those four games.

The original post also said the Pats don't need Brady to go 3-1 or 2-2. Honestly, if I could sign up for 1-3 with a division win right now I would. Team could go 2-2 or 3-1....but going 0-4 while burning three home games and all but killing the season is in play.
They could have waited until August to drop this decision, and that would not have been a lot of time as these appeals go. So the panel was responsible from that standpoint.

In addition to the media cycle, this timing is best because the Pats have 4 months plus to focus on those first four games. And the NFL schedule makers certainly could have been harder on us those first four than they were.

If he had to sit this year, it unfolded as well for us as it could have.
 

brandonchristensen

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The fact that fans of other teams are like "fuck, we have in week x (after the suspension)" tells you immediately that they know he didn't cheat.
 

Captaincoop

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There's a chance this happens. That is, of course, a far cry from "its best for the long-term" which is what the original post (not yours) argued and the most likely outcome is Jimmy G pretty much sucks in those four games.

The original post also said the Pats don't need Brady to go 3-1 or 2-2. Honestly, if I could sign up for 1-3 with a division win right now I would. Team could go 2-2 or 3-1....but going 0-4 while burning three home games and all but killing the season is in play.
Calm down, for crying out loud. Belichick went 11-5 with Matt Cassell at the helm. I think he's got this.
 

RedOctober3829

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I'm actually glad that the ruling was given now. Now, Jimmy G can go through all OTAs and training camp knowing he will be the starter in Weeks 1-4 and that BB and McD can install plays that tailor to his strengths. He can develop chemistry with the skill players all through the spring and summer. If there is a coaching staff that can adjust to losing such a key player it is this one.

Given that there is 1 road game and the home games being Miami, Houston, and Buffalo it is about as good as any 4 game stretch can be.
 

PedroKsBambino

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The fact that fans of other teams are like "fuck, we have in week x (after the suspension)" tells you immediately that they know he didn't cheat.
As others noted, the national narrative has changed in interesting ways here---I honestly don't know a single fan of another team with a three-digit IQ who actually believes Brady cheated at this point. All that is left saying that are mouth-breathers and NFL apologists who feel they 'have' to say he did something (while not really believing it)...this second group has a lot of media members.

None of this gets the 4 games back, but probably means the long-term impact of this on his legacy is close to zero
 

sodenj5

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If it were that simple and clear-cut, all four judges who heard the case would have agreed. But Katzmann and Berman clearly thought otherwise.
I think they were ruling based on whether or not Brady knowingly or unknowingly participated in the deflating of game balls. The appeal was pretty clear that their job was not to determine whether or not Brady was innocent or guilty, but whether or not he was given a suspension and appeal process within guidelines of the CBA. He was.

Goodell is judge, jury, and executioner. That's the bottom line. It doesn't change until the next CBA comes up.
 

brandonchristensen

Loves Aaron Judge
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As others noted, the national narrative has changed in interesting ways here---I honestly don't know a single fan of another team with a three-digit IQ who actually believes Brady cheated at this point. All that is left saying that are mouth-breathers and NFL apologists who feel they 'have' to say he did something (while not really believing it)...this second group has a lot of media members.

None of this gets the 4 games back, but probably means the long-term impact of this on his legacy is close to zero
Right, and as selfish as that is to say considering the team has a lesser chance of winning these games, I'm glad for it.
 

DJnVa

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The options are letting this hang over Brady and the team for another season in exchange for a minuscule chance of this decision being overturned..
In the time that this has hung over his and the team's head they've won one Super Bowl and made it to the AFC title game the next year. I'd say it seems to distract us a lot more than the team.

Now, once he starts sitting out games, that all changes of course.
 

Bongorific

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What I find amazing is that the interpretation of the law can be so different between these judges, with the senior judge voicing a different viewpoint than the other two.
If anything, this case has been a great introduction to the way the legal system works.
 

BaseballJones

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I'll have to read it, but the Chief Judge dissenting in a two-to-one is unusual. That said:

1. The Second Circuit almost never rehears a case before the full Court -- what's called a rehearing en banc.

2. As things stand right now, this is not particularly worthy of Supreme Court review, which is a long shot in any case.

It's probably time to move on.
I get hat the odds are long but if you're Brady and the NFLPA you need to keep trying. Two reasons. First, because Brady is totally being railroaded here. And second, because this now sets the legal precedent that the commissioner can totally screw NFL players at will. And the NFLPA cannot have that.

Money is not a problem here so they should just keep trying every possible option. What's the downside at this point?
 

Ed Hillel

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It will be interesting to see where Brady goes with this. If I am him, I am pissed enough over this to at least pursue looking at a defamation case honing in on Mort's original tweet, which was demonstrably false and known to have been so by the league. The problem is establishing the false report came from within the league, and I would doubt Mort is going to appear in court to type up what happened in front of a judge. The whole thing sucks, it just sucks. I am far more upset for him than I am as a fan of the team. He did not deserve this.
 

TheoShmeo

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As others noted, the national narrative has changed in interesting ways here---I honestly don't know a single fan of another team with a three-digit IQ who actually believes Brady cheated at this point. All that is left saying that are mouth-breathers and NFL apologists who feel they 'have' to say he did something (while not really believing it)...this second group has a lot of media members.

None of this gets the 4 games back, but probably means the long-term impact of this on his legacy is close to zero
I predict that narrative will gain a lot of steam in the wake of this decision. Whether the people uttering it will have IQs over 99 is another question but now that the Second Circuit has ruled against Tom, it will add fuel to the Tom as Cheater narrative for opportunists and those who just subscribe to "where there's smoke, there's fire."
 

Ed Hillel

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I think they were ruling based on whether or not Brady knowingly or unknowingly participated in the deflating of game balls. The appeal was pretty clear that their job was not to determine whether or not Brady was innocent or guilty, but whether or not he was given a suspension and appeal process within guidelines of the CBA. He was.

Goodell is judge, jury, and executioner. That's the bottom line. It doesn't change until the next CBA comes up.
All four judges were ruling on the same issue(s) about the CBA.
 

dhappy42

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Despite all the calls from the Frozen fans to "let it go, () I hope Brady sues Goodell and the NFL for libel and slander. I don't expect him to, and it's probably not a good idea, but I wish he would, if only to protect "the integrity of the game" by proving that the league engaged in a witch hunt. It'd be great fun to see what a subpoena of the NFL's emails and documents on this would turn up.
 

Jed Zeppelin

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Mad-libs, just one more thing the NFL sucks at.

"The Integrity of the Game girl was in the mood to Integrity of the Game so she took her Integrity of the Game down to the Commissioner's Authority and Integrity of the Game'd all day!"
 

dcmissle

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I get hat the odds are long but if you're Brady and the NFLPA you need to keep trying. Two reasons. First, because Brady is totally being railroaded here. And second, because this now sets the legal precedent that the commissioner can totally screw NFL players at will. And the NFLPA cannot have that.

Money is not a problem here so they should just keep trying every possible option. What's the downside at this point?
None, so long as Tom doesn't invest a lot of emotional energy in this. We're likely to get two one-sentence orders barring a lightning strike:

1. "The motion for a stay and petition for rehearing and rehearing en banc are denied."

2. "The petition for a writ of certiorari is denied."

That's how these things are disposed of. No more grist for the mill. Nobody needing to explain anything.
 

Eddie Jurak

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I think they were ruling based on whether or not Brady knowingly or unknowingly participated in the deflating of game balls. The appeal was pretty clear that their job was not to determine whether or not Brady was innocent or guilty, but whether or not he was given a suspension and appeal process within guidelines of the CBA. He was.
It's all water under the bridge now, but, no, he didn't get a suspension and appeal process within the guidelines of the CBA, see Katzmann's dissent.

He was targeted and deliberately fucked over by the league because 1) 31 owners wanted it to be that way and 2) the lone dissenting owner was just peachy with NFL abuse of power... So long as it was directed at other teams and players.
 

Stitch01

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They could have waited until August to drop this decision, and that would not have been a lot of time as these appeals go. So the panel was responsible from that standpoint.

In addition to the media cycle, this timing is best because the Pats have 4 months plus to focus on those first four games. And the NFL schedule makers certainly could have been harder on us those first four than they were.

If he had to sit this year, it unfolded as well for us as it could have.
Honestly have no idea why you quoted me here.
 

DennyDoyle'sBoil

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In the time that this has hung over his and the team's head they've won one Super Bowl and made it to the AFC title game the next year. I'd say it seems to distract us a lot more than the team.

Now, once he starts sitting out games, that all changes of course.
Now that it looks about 95-98 percent likely that he will have to sit for 4 games, I think you have to start thinking pretty strategically. Let's say he petitions for cert and gets a stay, and the Supreme Court denies in November and he has to start serving the suspension then?

What's hanging over their heads at the moment is near certainty that he will be suspended for four games, and I think there is a very compelling argument to take those four games at the beginning of this year, when you can plan for it, when the schedule is decent, and when you still have 12 games left after to try to salvage the year if it goes poorly.
 

Bleedred

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The next round of CBA negotiations ought to be a hoot.
Nope. The players will fold, like they always do. Average career expectancy of 3-4 years will have them in a perpetual position of weakness against the fat, old, rich guys who own the teams and won't feel an ounce of pain from a strike.
 
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Eddie Jurak

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I get hat the odds are long but if you're Brady and the NFLPA you need to keep trying. Two reasons. First, because Brady is totally being railroaded here. And second, because this now sets the legal precedent that the commissioner can totally screw NFL players at will. And the NFLPA cannot have that.

Money is not a problem here so they should just keep trying every possible option. What's the downside at this point?
The downside would be Brady getting his appeal stayed and having the stay end in January.
 

jose melendez

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I suspect that the NFL will be willing to give away the power for the Commissioner to act as all powerful arbitrator in the next CBA, but they will demand money for it, lots and lots of money. The big issue is that the NFLPA is an incredibly shitty union that can't hold its members together. It's the most dangerous sport of the four bigs, and they have the least protection. They suck.
 

MiracleOfO2704

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I do suspect the NFLPA will revisit this issue by or before the next CBA; players who are paying attention are going to be asking them why they agreed to this deal starting right about...now.
Two things:

1. The NFLPA might revisit this before this CBA expires, but their partner, the NFL, won't. This works for them in both parts: it gives Goodell unquestioned, legally reinforced authority to render discipline with no recourse for players, so long as Vincent "issues" the initial discipline. Then, when the CBA expires, as others have pointed out, the NFL may give in to PA demands for a truly neutral arbitrator to hear appeals, but at the cost of something the PA doesn't want. And that's assuming...

2. Who knows if the players are paying attention in high enough numbers to move the needle towards arbitration reform for the next CBA? And will the momentum that those few players gain for arbitration change be enough to keep it on the front burner in 5 years? Too many members of the NFLPA live day-to-day with contracts that disappear once you're cut. Only a minority of the PA's membership would have the stomach to fight out a lockout/strike that costs games, and how many of them will care that Brady got hosed in 2016 by the system?
 

PedroKsBambino

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The best one can really hope for is that a lot of players and player union reps are asking 'how the hell did we agree to this?' right now. Change requires the union really focusing on improving the discipline process and being willing to trade things they care about for it.

I think a wiser commissioner would recognize the Deflategate situation is embarrassing for the league and, based on how they have litigated things, their position is more likely to cause labor strife than meet the league's larger interests over time. But unfortunately the league doesn't have a wise commissioner, they have Roger Goodell. And the Sheriff is going to show people he's tough on crime and beholden to no owner come hell or high water...
 

Stitch01

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Calm down, for crying out loud. Belichick went 11-5 with Matt Cassell at the helm. I think he's got this.
Huh? I think the Pats have a very good team this year with Brady playing, so Id take 1-3 with tiebreakers not dead and go from there. I think people here are being a little too casual about what having a total wild card at quarterback for four games means, the expectation should not be "well the Pats will probably go 2-2 or 3-1". Particularly with @ Arizona as the opener.
 

jose melendez

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At least these are rich football players. This does seem to speak to how incredibly messed up arbitration can be, and the extent to which it can really strengthen management versus labor.
 

Rice14

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As others noted, the national narrative has changed in interesting ways here---I honestly don't know a single fan of another team with a three-digit IQ who actually believes Brady cheated at this point. All that is left saying that are mouth-breathers and NFL apologists who feel they 'have' to say he did something (while not really believing it)...this second group has a lot of media members.

None of this gets the 4 games back, but probably means the long-term impact of this on his legacy is close to zero
I'm a fan of another team and I have a three digit IQ. All I can say is that I don't know what Brady did or didn't do. He might have done it, might not have. However, to punish a player, there should be a standard of proof and whatever the threshold is, it was clearly not met here. You should not be able to punish a player because they might have done something, you need to prove it within a reasonable doubt. That certainly did not happen here. There is not a single piece of tangible evidence to prove that Brady asked for those balls to be deflated (if in fact they were even deflated).

Roger Goddell could not look worse here.
 

tims4wins

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The downside would be Brady getting his appeal stayed and having the stay end in January.
Would this really be a downside? I for one would LOVE to see a situation where the Pats are 12-3 or whatever and then the stay ends, and Brady is suspended for week 17 + the next 3 games. Imagine the public outcry if the NFL tried to force him to miss playoff games. Talk about an impact on the integrity of the game. It would be a shitshow. I'd love it.
 

PedroKsBambino

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Two things:

1. The NFLPA might revisit this before this CBA expires, but their partner, the NFL, won't. This works for them in both parts: it gives Goodell unquestioned, legally reinforced authority to render discipline with no recourse for players, so long as Vincent "issues" the initial discipline. Then, when the CBA expires, as others have pointed out, the NFL may give in to PA demands for a truly neutral arbitrator to hear appeals, but at the cost of something the PA doesn't want. And that's assuming...

2. Who knows if the players are paying attention in high enough numbers to move the needle towards arbitration reform for the next CBA? And will the momentum that those few players gain for arbitration change be enough to keep it on the front burner in 5 years? Too many members of the NFLPA live day-to-day with contracts that disappear once you're cut. Only a minority of the PA's membership would have the stomach to fight out a lockout/strike that costs games, and how many of them will care that Brady got hosed in 2016 by the system?
The NFL has already begun discussions with NFLPA on this issue (according to a bunch of reports) so I think your 1 is just not correct. I don't know that they'll reach a deal, but there are a lot more reasons for NFL to explore this than you seem to think. At least some parts of NFL leadership recognize this is an issue that can generate concessions on things the league cares more about, and they need to evaluate whether they do best playing that card now or in the next CBA negotiations; just saying "ha ha, you're stuck with it now!" is not how serious entities handle labor negotiations, even when run by clowns like Goodell.
 

The Big Red Kahuna

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Would this really be a downside? I for one would LOVE to see a situation where the Pats are 12-3 or whatever and then the stay ends, and Brady is suspended for week 17 + the next 3 games. Imagine the public outcry if the NFL tried to force him to miss playoff games. Talk about an impact on the integrity of the game. It would be a shitshow. I'd love it.
You'd love him being suspended for the playoffs on the hope that there is public outcry making RG look bad. Umm....
 

Leather

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Yep. In that scenario I wouldn't care whether he plays or doesn't play. It'd be fantastic theater.
No. There would be no theater.

Patriots fans would do what they've been doing for the past 15 months. Fans of the team playing the Patriots would laugh and count their lucky stars. Everyone else would go "Huh. Interesting."

And that would be that.
 

Bleedred

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I suspect that the NFL will be willing to give away the power for the Commissioner to act as all powerful arbitrator in the next CBA, but they will demand money for it, lots and lots of money. The big issue is that the NFLPA is an incredibly shitty union that can't hold its members together. It's the most dangerous sport of the four bigs, and they have the least protection. They suck.
Most of the players are short-sighted, selfish, morons....which doesn't help.