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Rock Strongo
My mind spits with an enormous kickback.
stolen from a very smart poster here:
Tom Brady's suspension appeal is next episode of NFL DeflateGate drama | The MMQB with Peter King
Excerpt
The NFLPA’s strongest argument, in my view, addresses past precedent and “similar alleged conduct” drawing little or no discipline. Kessler and the NFLPA will point to the Vikings-Panthers game with heated footballs—and no discipline—and news accounts of other quarterbacks who liked their footballs a certain way. They will invoke the phrase the “law of the shop”—requiring applying precedent—and accuse theNFL of being arbitrary and capricious.
In responding to this argument, the NFL may discuss whether the Brady discipline is for one game (the Colts game) or for a “pattern of behavior,” something certainly a part of the Patriots discipline. The exact time scope for Brady’s alleged actions was unclear (at least to me) from the Wells Report and should come out in the NFL’s defense of its position.
Speaking of the Wells Report, the appeal will be a referendum on it. The NFLPA claims it is “wrought with unsupported speculation” and a “disregard of contrary evidence.” NFL lawyers will emphasize Wells credentials, the thoroughness of the report (time and cost were not an issue) and Brady’s lack of cooperation despite assured safeguards and no demand for his phone.
My sense is that with Goodell presiding, the best Brady can hope for is a 1-2 game reduction.The key to me is whether Kessler has exculpatory evidence allowing him to more than attack the process (the Wells Report).
Tom Brady's suspension appeal is next episode of NFL DeflateGate drama | The MMQB with Peter King
Excerpt
The NFLPA’s strongest argument, in my view, addresses past precedent and “similar alleged conduct” drawing little or no discipline. Kessler and the NFLPA will point to the Vikings-Panthers game with heated footballs—and no discipline—and news accounts of other quarterbacks who liked their footballs a certain way. They will invoke the phrase the “law of the shop”—requiring applying precedent—and accuse theNFL of being arbitrary and capricious.
In responding to this argument, the NFL may discuss whether the Brady discipline is for one game (the Colts game) or for a “pattern of behavior,” something certainly a part of the Patriots discipline. The exact time scope for Brady’s alleged actions was unclear (at least to me) from the Wells Report and should come out in the NFL’s defense of its position.
Speaking of the Wells Report, the appeal will be a referendum on it. The NFLPA claims it is “wrought with unsupported speculation” and a “disregard of contrary evidence.” NFL lawyers will emphasize Wells credentials, the thoroughness of the report (time and cost were not an issue) and Brady’s lack of cooperation despite assured safeguards and no demand for his phone.
My sense is that with Goodell presiding, the best Brady can hope for is a 1-2 game reduction.The key to me is whether Kessler has exculpatory evidence allowing him to more than attack the process (the Wells Report).