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1. While the NFLPA amplifies criticism of Goodell as inherently unfair, the NFL insists that it doesn’t matter whether Ted Wells was independent.
The NFL, however, considers these arguments to be “irrelevant” under the law. In its brief, the NFL correctly stresses that Article 46 of the collective bargaining agreement lacks any language that compels an “independent” investigation. Therefore, the NFL reasons, the league had no legal obligation to provide Brady with an independent investigation.
The likely problem for the NFL in making this argument is that the NFL has consistently assured Brady, the NFLPA and the public of Wells’s independence. Consider the NFL’s statement on Jan. 23, 2015 announcing the hiring of Wells: “Mr. Wells and his firm bring additional expertise and a valuable independent perspective.” Also take a look at Goodell’s statement from May 6, 2015, when he praised Wells: “I want to express my appreciation to Ted Wells and his colleagues for performing a thorough and independent investigation.”
The NFLs worst enemy is the NFL. Just hamstringing themselves with their own, unnecessary lies.
By telling Brady they didn't "want to take access" to his cellphone, the league effectively set Brady up for an ambush when he was unable to produce it upon appeal. By failing to notify Brady that not producing his phone would result in discipline for non-cooperation, the league denied him his fundamental right to a notice of charge and the right to defend against it. And by repeatedly shifting its goal posts on what was expected of him -- and what could be used against him -- the NFL's investigation lost its fairness and integrity.
Brady's phone did not become an issue until the appeal hearing when Brady said he got a new phone.
Jan 23rd Wells investigation begins.
Brady discards cell phone March 6th (using since Nov. '14.)
Wells Report published May 6th.
Penalties announced May 11th.
Appeal hearing June 23rd (NFL learns Brady discarded phone.)
Appeal denied July 28th. - "Phone destroyed!"
(
Last edited by sek929; Aug 10, 2015 at 07:23 PM.
)
He was a slimy POS before Deflategate, this just magnified his shittiness.
"I have a dream, that my four little children will one day live in a
nation where they will not be judged by the color of their skin,
but by the content of their character." - M.L.King Jr
"There has to be some basic process of fairness that needs to be followed," Berman argued to Nash after the NFL explained why it failed to allow Brady to question certain witnesses, notably general counsel Jeff Pash, who also co-wrote the disputed Ted Wells report about deflated footballs.
When Nash tried to argue that Pash wasn't that involved and was more of an editor, Berman, like this was a cross-examination, pointed to an NFL press release that referred to Pash as "co-lead." Nash, stepped back from that lectern, again tried to minimize it as just a press release.
"Well," Berman said, "it's not my press release. You all wrote it."
For instance, Berman didn't just nod when Kessler argued that it says nowhere in NFL policy that a player can be suspended – or punished at all – for being "generally aware" of the conduct of others. He even added his own points, returning to the critical sentence of Wells' report: "it is more probable than not that Tom Brady was at least generally aware of the inappropriate activities of [Patriots employees Jim] McNally and [John] Jastremski involving the release of air from Patriots game balls."
Why, Berman kept asking, didn't Wells include a reference to the AFC championship game or even the date of it, Jan. 18, 2015?
"To me it is a conspicuous absence from Mr. Wells' finding," Berman said, noting that game and that game alone is what is in question here, not text messages referring to past games. "Why wouldn't you – he's a smart lawyer – say on January 18, 2015?"
Nash argued that it wasn't needed because the impetus for Wells' report was the AFC title game. Berman said that gave him, "some pause" and called it a leap to just base everything on "probably done it before or some guy from the Colts saying they do it all the time."
Berman also focused on how the NFL came up with the four-game standard, drilling Nash over and over about where this number came from, how much of it was about non-cooperation and how much for the footballs. Kessler argued that the crime was similar to stick 'em on a receiver's hands or any other act like that, which under NFL policy is subject to a four-figure fine for the first offense, not a suspension.
Nash said Goodell decided to liken it to performance-enhancing drugs, which Berman couldn't fathom.
"How is it equal to steroid use?" the judge asked with a tone of disbelief. "How did he pick steroid use?"
"I think the judgment goes to the integrity of the game," Nash defended.
"Everything goes to the integrity of the game," Berman said.
As for Brady not being allowed to question Pash about his role in Wells' report, Berman blasted Goodell's reasoning that it wasn't allowed because the testimony would be "cumulative."
"How would you know?" Berman asked if Pash didn't testify. When Nash downplayed Pash's contributions, Berman had none of it.
"Who else but Mr. Pash had the opportunity to edit the Wells report before it became public?" Berman asked. "Anybody?"
Strange how you see a lot less "Brady should just admit it and move on" opinion pieces these days.
I think it also has something to do with everyone being bored to tears by the subject.
Originally Posted by The Final Dakar
Will Goodell fumbling nailing such a hated team finally lead to his ouster? Probably not.
At some point, it'll be one mishandle too many, and he'll be out the door, but somehow, it never seems to be be as close as everyone thinks it's going to be.
What's changed? Brady will still sit out his 4 game penalty and there won't be a different settlement unless he accepts the Wells Report findings. All the judge has really said is that the League should work it out on their own. If Brady doesn't change his mind, Pats fans still won't be seeing Brady on the field until Oct 18th.
"I have a dream, that my four little children will one day live in a
nation where they will not be judged by the color of their skin,
but by the content of their character." - M.L.King Jr
At the 2014 Rookie Symposium, Cris Carter and Warren Sapp instructed rookies to get a fall guy in case they got into any legal trouble. The above video was on NFL.com until this afternoon, when they deleted it.
Apparently ESPN reported on the video, but failed to mention the guy giving the advice is one of their current employees.
I think most of this came about because Carter seemed a bit insecure, acting a little bit more hood, trying to make the rookies laugh in an effort to seem cool. Watch the way he talked and danced after the first open-mic question — he was like the old dad trying to connect to his son's friends.
I think most of this came about because Carter seemed a bit insecure, acting a little bit more hood, trying to make the rookies laugh in an effort to seem cool. Watch the way he talked and danced after the first open-mic question — he was like the old dad trying to connect to his son's friends.
Yeah that's the way I read it too, pretty much a non-issue, although that didn't stop ESPN from yanking it immediately.
In actual football related news star WR Jordy Nelson from the Packers is out for the season with a torn ACL suffered in a pre-season game, which absolutely sucks, he's a great player and a prime target for Rodgers. Suggs made a late hit at the knees of Sam Bradford in another pre-seaon game, who's most remarkable football achievements are getting a massive signing contract and staying off the field constantly with injuries. Suggs is an inhuman POS so I'm not surprised he would make a late/low hit in a freaking pre-season game.
On the other side of the spectrum the Pats held joint practices with the Saints, and also played them in the super-dome on Saturday. Opposing players were helping each-other up and joking around after tackles and whatnot. The Patriots' backup QB is looking decently sharp, but our defensive secondary....oof, not shaping up well, might be due to losing some guy named Revis.
I agreed to the NFL’s condition that I would not enter the small group sessions, and there would be one or two things the league could look back on and say, ‘that was off the record.’ When the public relations or marketing arm representing an org or a player facilitates access such as this, there is often a verbal agreement that certain details observed in the course of reporting may be negotiated for omission. Personally, I only agree to these omissions when the subject matter is immaterial to what I gather is the larger point of the story, which, in the case of the symposium, I believed Carter’s comment was.
[...]
When Carter said the words, “have a fall guy” in what was a light-hearted and animated session that at times made league employees in attendance cringe, the NFL’s Kim Fields looked my way and said, “that can’t go in the story.” I was torn.
I'm really impressed they didn't have the foresight to edit the video before putting it up on the website.
In actual football related news star WR Jordy Nelson from the Packers is out for the season with a torn ACL suffered in a pre-season game, which absolutely sucks, he's a great player and a prime target for Rodgers. Suggs made a late hit at the knees of Sam Bradford in another pre-seaon game, who's most remarkable football achievements are getting a massive signing contract and staying off the field constantly with injuries. Suggs is an inhuman POS so I'm not surprised he would make a late/low hit in a freaking pre-season game.
I saw Rodger's quotes afterwards. He's POed, but his wish for a two-game preseason is never going to happen. The NFL will milk every cent out of its product.
I'm really impressed they didn't have the foresight to edit the video before putting it up on the website.
The whole "light-hearted and animated session that at times made league employees in attendance cringe" quote further illustrates the massive cultural divide between the league and the players. Carter's comment was idiotic, but does the NFL really need to constantly act embarrassed about the people that have made them all rich? OF COURSE they're going to have a fall guy.
The whole "light-hearted and animated session that at times made league employees in attendance cringe" quote further illustrates the massive cultural divide between the league and the players.
Not just culture though – it's age. You create any workplace run by 45+ men but built on the labor of a bunch of 20 somethings and tell me how well they mesh.
Originally Posted by Jawbone54
Carter's comment was idiotic, but does the NFL really need to constantly act embarrassed about the people that have made them all rich?
David Stern instituted a dress code like the NBA was a ****ing high school. They're not embarrassed, they just don't want to possibly turn-off their customers because the players are different from them.
David Stern instituted a dress code like the NBA was a ****ing high school.
I blame Allen Iverson for 99% of it.
They're not embarrassed, they just don't want to possibly turn-off their customers because the players are different from them.
The funny part of the story: out of the two guys that were chosen to speak to the rookies, I would have guessed Sapp would have been the one to come out with a comment like this.
You're probably right. Still a bullshit move by stern. We talking about clothes?!
Originally Posted by Jawbone54
The funny part of the story: out of the two guys that were chosen to speak to the rookies, I would have guessed Sapp would have been the one to come out with a comment like this.
I only have a passing knowledge of the NFL, but agreed.
I saw Rodger's quotes afterwards. He's POed, but his wish for a two-game preseason is never going to happen. The NFL will milk every cent out of its product.
The biggest bullshit is how it's all wrapped into your season ticket cost. Add another actual game, joint practices, zero preseason games. Or maybe field better TNF games that don't involve the Falcons blowing out the Bucs 50+ points.
Originally Posted by Jawbone54
The whole "light-hearted and animated session that at times made league employees in attendance cringe" quote further illustrates the massive cultural divide between the league and the players. Carter's comment was idiotic, but does the NFL really need to constantly act embarrassed about the people that have made them all rich? OF COURSE they're going to have a fall guy.
The NFL is the most incompetently successful business in the world.
Originally Posted by The Final Dakar
Not just culture though – it's age. You create any workplace run by 45+ men but built on the labor of a bunch of 20 somethings and tell me how well they mesh.
Not just that, most are wistful of their glory days and eager to boast around the newbies.
Originally Posted by Jawbone54
The funny part of the story: out of the two guys that were chosen to speak to the rookies, I would have guessed Sapp would have been the one to come out with a comment like this.
I saw Rodger's quotes afterwards. He's POed, but his wish for a two-game preseason is never going to happen. The NFL will milk every cent out of its product.
.
Nelson being out sucks big time.
However, Any team could just start the 2nd and 3rd string players, and spare the 1st string from any pre-season game.
Obviously, the risk of injury is offset by the warming up experience.
It's tough luck if you get injured in pre-season, but it wouldn't be much different if this had happened the first game of regular seasons.
However, Any team could just start the 2nd and 3rd string players, and spare the 1st string from any pre-season game.
Obviously, the risk of injury is offset by the warming up experience.
It's tough luck if you get injured in pre-season, but it wouldn't be much different if this had happened the first game of regular seasons.
-t
For me, the value in preseason is seeing who you need to cut from the roster. The starters usually don't seem rusty during the first preseason game, as they've been in camps all summer.
The Steelers lost their kicker for the year in the Hall Of Fame game, which ends up being an extra preseason game for the two teams involved, for 5 in total.
One week to go til we have closure on ballghazi. Do the NFL or Brady blink? I doubt it, unless the NFL thinks they're going to lose. Given Goodell's history, ha! We're going to judgement, and I have no predictions there.
"I have a dream, that my four little children will one day live in a
nation where they will not be judged by the color of their skin,
but by the content of their character." - M.L.King Jr
Tuck Rule - The Tuck Rule was called against the Patriots in week 2 of the 2001 season resulting in a loss to the Jets, much like the Calvin Johnson/Dez Bryant rule it was correctly applied yet was a terrible rule, and was therefore removed eventually. Brady took control of the SB with under 2 minutes left to put his team into FG range and secure his first SB MVP, in his rookie year.
Vinatieri - Not even close, really, as his FG did win the game yet it was an absolute scoring fire-sale in the 3rd and 4th for both QBs. Great game really, also should Pats fans feel dirty because Adam will be the first kicker in the HOF?
Spygate - Since the rule of where you could film defensive signals from was changed in '06 the SB win in '04 against the Eagles has literally nothing to do with Spygate.
His suspension was BS under the labor agreement. Most they could do was fine him for an equipment violation.
Edit: And that's not factoring in the quality of their 'science' or the objectivity of the 'independent' report. If you think the facts really support Brady's guilt, blame Goodell for botching the entire thing.
As for the judge's ruling, how would people explain the difference between his conclusion and their own?
It would appear the Patriots will be allowed to continue with their shady ways with impunity.
Yep, except the loss of 1st and 4th round picks for an alleged ball violation that was never proved to have occured in the first place. Salt away haters.
Yep, except the loss of 1st and 4th round picks for an alleged ball violation that was never proved to have occured in the first place. Salt away haters.
Kraft might have a case to challenge that now that Berman has undermined the investigation behind it. Which would make me have to buy more popcorn.