Deflategate IV......

[BigKen]

Posted May 18, 2016 at 5:00 am
By: Ian Logue

Here’s a quick rundown on this Wednesday of this morning’s stories

Brady’s team has a plan to try and beat his suspension – As the deadline for Brady’s legal team to file a petition for a rehearing looms with next Monday, May 23rd approaching, there’s certainly a lot at stake with this next step.

However, one of the biggest questions will be whether or not he’ll get the Second Circuit of Appeals to hear the case. As ProFootballTalk.com points out, if they do, that should make him available for most of or all of 2016 and push this nonsense off for another year.

But if they don’t, then the road becomes a little more difficult, but not necessarily impossible.

NFLPA and high-powered lawyer Ted Olson is approaching this case in such a way where he’s seemingly putting together a reasonable argument against the league that could impact future labor situations even outside of football, which is important since the last decision involved accepting the NFL’s argument about this being more about the labor aspect of the case based on the language within the Collective Bargaining Agreement. It’s something Commissioner Roger Goodell keeps harping about whenever someone is willing to put a microphone in front of him, so Olsen did a good job in attacking it.

CBS Boston’s Michael Hurley caught this part of Olsen’s written request for an extension. Olsen wrote, “… the Court’s decision raises significant labor law issues that could have far-reaching consequences for all employees subject to collective bargaining agreements. … These aspects of the Court’s opinion are of great importance not only to NFL players, but to all unionized employees.”

It was a solid tactical move by Olsen, which added a little more foundation to their argument. At this point, if the Second Circuit denies their petition, PFT’s Mike Florio points out that the next step would involve requesting a stay of suspension from the Supreme Court in the interim, which would postpone the suspension until a later ruling was made. If the stay is granted while the Supreme Court decides to even consider the case, Florio reminds us that the stay would keep Brady on the field until at least 2017.

If that happens, Patriots fans get to enjoy another year of seeing Brady play on while this remains in the background.

Brady’s former teammate, Drew Bledsoe, has had to endure seeing this saga drag on and having watched how hard he worked in 2001 when he helped lead the team to their first championship, he knows the effort Brady puts in, which is what really gets to him when it comes to this whole mess.

“Tom just continued to just grind and work, and he’s put in the time and the effort and that’s part of the reason that this whole delflate thing pisses me off is because I know the kind of work that he’s put in to become one of these guys,” Bledsoe explained in his recent appearance on WEEI’s “Enough About Me” podcast with Kirk Minihane. “That didn’t just happen.”

“He’s a grinder, he works his butt off to get there and he’s done that continuously and that really to me is the legacy of what he’s done with the Patriots has been his work ethic, his leadership and his relentless desire to win. Far more than anything than he’s done throwing the football, has been his legacy.”

And that legacy is also part of what’s on the line, which is why it’s important that this fight continues and it looks like his chances aren’t as bleak as they might have seemed after all.




- See more at: Wednesday Daily Rundown 5/18 - New England Patriots News & Notes - PatsFans.com

 

[BigKen]

Brady added another top notch Supreme Court lawyer today. Looks like he's going to ask Supreme Court Justice Ginsberg to hear it as she's the 2nd District Supreme Court Justice. Ginsberg is an extremely Pro-Union Judge.
She can instruct the entire 2nd Appeals Court to hear and rule on the case to keep it away from the 8 member Supreme Court.

 

[Southieinnc]

WWII vet, 93, in letter to court, rips 'asinine ruling' in Deflategate

 

[BigKen]

Today is the day where the NFLPA and Tom Brady's attorneys present their arguments for the entire 13th Appeals Court to review the arguments against the Original 2nd Court of Appeals ruling in favor of the NFL and Roger Goodell's authority. The hearing is at 2:00 PM.

The NFLPA has attracted a huge group of union support across the US. The main argument will be that Goodell abused the authority given him by the union. That his 4 game suspension of Tom Brady was excessive. The NFLPA is also using the Ted Wells Report to support the argument because it does not charge Brady or the Patriots directly and only gives generalities. The unions are supporting the NFLPA because the 2nd Court initial 2-1 ruling against the union actually can be expanded beyond the NFL and could affect every union contract that allows a company to just punish any employee without regard to precedence.

Up until about two weeks ago, it was pretty much considered that Brady and the NFLPA had about a 10% chance of the entire court rehearing the case. Now that 23 major unions have jumped aboard this train, the odds have suddenly gone up to 60-40. If the court still refuses, Brady will petition Supreme Court Justice Ruth Bader to stay his suspension until the case is place before the Supreme Court for review. Bader a pro union zealot will most likely grant the stay. It will take at least two years before the case comes up for review. The court clerks for each SC Justice will review it and write arguments whether or not the Supreme Court should hear the arguments or send it back. If the Court decides to hear it, the case will most likely be scheduled for some time in 2019 or 2020.

 

[Yankee Traveler]

What still pisses me off....excuse me, one of the many things that piss me off about this whole charade is that neither Tom Brady's innocence nor guilt is ever being questioned. It's all about Goodell's power.

Power to suspend regardless of guilt. It seems to me both should be in question.
How much power Roger has if the player is guilty vs. how much Roger has if a player is not proven guilty.

 

[ohiopatsfan]

YT, you are exactly right! The NFLPA has basically, with the acquiescense of TB, taken over this matter and the subject has switched from guilt or innocence to Goodell's possible misuse of his power as commissioner. The NFLPA has belatedly realized that they let the money in the CBA blind them to the massive power grab by the NFL that gave Goodell unprecedented leeway to administer discipline unilaterally and irrevocably. The latest news item from the NFLPA indicated that TB had made a "very generous" offer to end this whole thing much earlier. Indication was that the NFL turned down the offer because TB was unwilling to roll over on the two Patriot support personnel also implicated.

 

[BigKen]

The NFL is being blasted by congress for trying to strong arm the concussion research project. The last guy they wanted to head the research was some doctor by the name of Stern. He's a renown neurologist and has been doing these types of studies for a long time. The NFL tried to push the research away from NIH and do it with a group they could control. When it didn't work, they pulled the $16M grant they promised and tried to do it on their own and no one wanted to piss off Uncle Sam. NIH did the research on taxpayers dime. Even then Goodell and his crew tried to get to these guys and now they've been caught.

I think Roger should get 4 years in San Quinten without a fair trial......see how he likes it.

 

[SDGuy73]

The NFL is being blasted by congress for trying to strong arm the concussion research project. The last guy they wanted to head the research was some doctor by the name of Stern. He's a renown neurologist and has been doing these types of studies for a long time. The NFL tried to push the research away from NIH and do it with a group they could control. When it didn't work, they pulled the $16M grant they promised and tried to do it on their own and no one wanted to piss off Uncle Sam. NIH did the research on taxpayers dime. Even then Goodell and his crew tried to get to these guys and now they've been caught.

I think Roger should get 4 years in San Quinten without a fair trial......see how he likes it.

Why just Roger? Every owner behind it as well. At what point does this become criminal?

 

[CreepCreep2014]

Suspension or not, the NFL is going to go bye bye for awhile once the current CBA is up. The players really fucked up by giving that much power to Roger. They seem to over look this, or actually thought Roger was not a POS. Again, this deflategate BS all stems from the owners, but Roger is their "fall guy". The current CBA gives Roger the power to do what ever the fuck he wants, and he is doing that. They don't need proof, just a gut feeling and some pressure from angry owners, and boom...down goes Brady. The NFL and it's owners are on a slippery slop and its only getting worse, esp with this concussion report. Enjoy it while you can owners....cause your going to get take to the wood shed once this CBA is up.

 

[Yankee Traveler]

Suspension or not, the NFL is going to go bye bye for awhile once the current CBA is up. The players really fucked up by giving that much power to Roger. They seem to over look this, or actually thought Roger was not a POS. Again, this deflategate BS all stems from the owners, but Roger is their "fall guy". The current CBA gives Roger the power to do what ever the fuck he wants, and he is doing that. They don't need proof, just a gut feeling and some pressure from angry owners, and boom...down goes Brady. The NFL and it's owners are on a slippery slop and its only getting worse, esp with this concussion report. Enjoy it while you can owners....cause your going to get take to the wood shed once this CBA is up.

Power equals corruption, and this is a shining example that ultimate power equals ultimate corruption.

 

[ohiopatsfan]

As long as Goodell was after the Patriots and Tom Brady, I think the rest of the NFL owners were just fine with that. Anything to bring them back to the rest of the pack. I also still feel the other owners were interested in piling on the penalties to make up for what they felt was a lenient punishment for Spygate. It was noticeable that, when the Jets were found guilty of tampering in the signing of Revis, the punishment was ridiculously light (a middle round draft choice and a very small fine) and nothing more was said about it. Then, more recently, the Chiefs were hit pretty hard. Now more owners might be rethinking their stance and wondering if their team might be next. Remember, Goodell, having been burned several times by overturned decisions, now handles his own appeals, so if their teams are found guilty of whatever infractions, overturning the decision will not be easy.

 

[SDGuy73]

As long as Goodell was after the Patriots and Tom Brady, I think the rest of the NFL owners were just fine with that. Anything to bring them back to the rest of the pack. I also still feel the other owners were interested in piling on the penalties to make up for what they felt was a lenient punishment for Spygate. It was noticeable that, when the Jets were found guilty of tampering in the signing of Revis, the punishment was ridiculously light (a middle round draft choice and a very small fine) and nothing more was said about it. Then, more recently, the Chiefs were hit pretty hard. Now more owners might be rethinking their stance and wondering if their team might be next. Remember, Goodell, having been burned several times by overturned decisions, now handles his own appeals, so if their teams are found guilty of whatever infractions, overturning the decision will not be easy.

The Jets did not lose a pick.

 

[ohiopatsfan]

Thanks for the correction, SD. I know at the time there was talk about the Jets losing a draft choice. I guess that was just talk in the end. By the way, the fine was $100,000. Figuratively, pocket change for an NFL owner.

 

[SDGuy73]

NEW YORK -- Nearly two dozen engineering and physics professors weighed in Tuesday with a federal appeals court being asked to review New England Patriots quarterback Tom Brady's four-game suspension for "Deflategate."

Papers filed with the 2nd U.S. Circuit Court of Appeals said these experts believe the 2nd Circuit's ruling to uphold the suspension lacks any scientific proof and the appeals judges should reconsider an April decision that reinstated Brady's suspension.

"In the name of science, we support the petition for rehearing," the papers said.


The documents said it was no surprise to any scientist when the NFL discovered that the Patriots' footballs had lost pressure when New England routed theIndianapolis Colts 45-7 in the AFC Championship Game on Jan 18, 2015. They said deflation happens naturally when a closed vessel such as a football moves from a warm environment to a cold one.

"This is not tampering. It is science. And it pervades the NFL. Games routinely are played with footballs that fall below the league's minimum pressure requirement," the papers said. "Courts should not be powerless to consider the absence of scientific proof when a proceeding is so interlaced with laws of science."

The legal brief was filed on behalf of 21 professors from the Massachusetts Institute of Technology; the University of California, Berkeley; University of Michigan; Stanford University; University of Southern California; University of Delaware; Purdue University; University of Pennsylvania; Boston College and the University of Minnesota.

The filing came a day after lawyers for Brady and the NFL Players Associationasked the appeals court to reconsider the ruling by a three-judge panel that found the NFL acted properly in suspending Brady last year. The suspension had been rejected by a lower court judge last September, but the 2nd Circuit panel reversed that ruling.

The controversy that was dubbed "Deflategate" has raged since before the Patriots won the Super Bowl last year.

Lawyers for Brady and his union are hoping the three-judge panel that reinstated his suspension reconsiders its 2-to-1 ruling or that the full court of 13 judges will vote to rehear the case.

The full appeals court in Manhattan has heard only a handful of cases since the turn of the century, and it is unclear how soon the 2nd Circuit might respond to the request for a rehearing.
........

Those are some prestigious colleges. Goodell don't give a shit though. Fuck the truth. "Integrity" is what Roger is all about. Fucking joke! Coltsgate continues!

 

[TP76]

Below is an excellent article by Sally Jenkins of the Washington Post on the whole affair and the NFL's shady Modus Operandi in general.

(BTW her book: The Real All Americans is a MUST READ for any football fan)

The NFL acts as if it’s above science and the law — and that’s unacceptable

 

[Yankee Traveler]

NEW YORK -- Nearly two dozen engineering and physics professors weighed in Tuesday with a federal appeals court being asked to review New England Patriots quarterback Tom Brady's four-game suspension for "Deflategate."

Papers filed with the 2nd U.S. Circuit Court of Appeals said these experts believe the 2nd Circuit's ruling to uphold the suspension lacks any scientific proof and the appeals judges should reconsider an April decision that reinstated Brady's suspension.

"In the name of science, we support the petition for rehearing," the papers said.


The documents said it was no surprise to any scientist when the NFL discovered that the Patriots' footballs had lost pressure when New England routed theIndianapolis Colts 45-7 in the AFC Championship Game on Jan 18, 2015. They said deflation happens naturally when a closed vessel such as a football moves from a warm environment to a cold one.

"This is not tampering. It is science. And it pervades the NFL. Games routinely are played with footballs that fall below the league's minimum pressure requirement," the papers said. "Courts should not be powerless to consider the absence of scientific proof when a proceeding is so interlaced with laws of science."

The legal brief was filed on behalf of 21 professors from the Massachusetts Institute of Technology; the University of California, Berkeley; University of Michigan; Stanford University; University of Southern California; University of Delaware; Purdue University; University of Pennsylvania; Boston College and the University of Minnesota.

The filing came a day after lawyers for Brady and the NFL Players Associationasked the appeals court to reconsider the ruling by a three-judge panel that found the NFL acted properly in suspending Brady last year. The suspension had been rejected by a lower court judge last September, but the 2nd Circuit panel reversed that ruling.

The controversy that was dubbed "Deflategate" has raged since before the Patriots won the Super Bowl last year.

Lawyers for Brady and his union are hoping the three-judge panel that reinstated his suspension reconsiders its 2-to-1 ruling or that the full court of 13 judges will vote to rehear the case.

The full appeals court in Manhattan has heard only a handful of cases since the turn of the century, and it is unclear how soon the 2nd Circuit might respond to the request for a rehearing.
........

Those are some prestigious colleges. Goodell don't give a shit though. Fuck the truth. "Integrity" is what Roger is all about. Fucking joke! Coltsgate continues!

Only problem with that filing is the NFLPA, on behalf of Tom Brady, has not argued that Tom is innocent, but rather that Goodell overstepped his bounds.

 

[Yankee Traveler]

Patriots ask appeals court to rehear Brady case

So Kraft is throwing his support out there, in a much more official way.
Hopefully this and the scientific filing yesterday will sway the court to look at Goodells power and consider guilt/no guilt

 

[SDGuy73]

Only problem with that filing is the NFLPA, on behalf of Tom Brady, has not argued that Tom is innocent, but rather that Goodell overstepped his bounds.

That is frustrating. Every time they talk, they should talk about IGL.

As a Brady/Pats fan.....I could let this all go and say Brady cheated if the NFL answered one simple question; 3 of 4 Colts balls were "deflated," why were they? The NFLPA should bring this up at nauseum.

 

[BigKen]

The argument sent to the 2nd District Appeals Court by all of those college professors is going to weigh very heavily. Since 2000 this court has agreed to hear on 8 of some 27,000 cases. (So what the hell else are they doing if they're not hearing cases?). It's now a "thing" that this court has declined to hear so many cases. Many of their rejections are heard by the U.S. Supreme Court. The biggest problem for the court is that they look like idiots if they refuse to hear the "science" regarding footballs and cold weather.

Ruth Bader Ginsburgh is the Senior Justice in District 2 and she just might tell these 13 guys to hear this case
en bonc. (All 13).

It could take these guys months to decide whether or not to hear the case, and if it does, Brady has to get a stay. Either from the 2nd District Appeals Court or from Justice Ginsburgh.

 

[cdumler7]

The argument sent to the 2nd District Appeals Court by all of those college professors is going to weigh very heavily. Since 2000 this court has agreed to hear on 8 of some 27,000 cases. (So what the hell else are they doing if they're not hearing cases?). It's now a "thing" that this court has declined to hear so many cases. Many of their rejections are heard by the U.S. Supreme Court. The biggest problem for the court is that they look like idiots if they refuse to hear the "science" regarding footballs and cold weather.

Ruth Bader Ginsburgh is the Senior Justice in District 2 and she just might tell these 13 guys to hear this case
en bonc. (All 13).

It could take these guys months to decide whether or not to hear the case, and if it does, Brady has to get a stay. Either from the 2nd District Appeals Court or from Justice Ginsburgh.

My biggest question is does this turn into whether Brady actually had anything to do with deflating footballs or does it turn into did Goodell abuse his power and handed down a punishment too harsh for the penalty at hand? Those are two different issues that could play a huge role in deciding this. I think the NFL is more worried about a judge ruling that Goodell overstepped his power than they are about them finding Brady not guilty. If Goodell is found to not have such power then all of a sudden every suspension that happens can come into question. Throw in other Unions and companies will be watching this close because this could have lasting impact on them as well if situations like this come up.