Thursday, September 03, 2015

A comment about Brady

The story about deflategate is stupid.  And it was a waste of everyone's breath. 

The problem the Patriots faced was two-fold: first you had "the team" doing something nefarious.  It wasn't about deflated footballs, but that makes a nice story line and is keeps it simple.  What was it really about?  I don't know, though I have speculated in the past about it being about communicating with players in some way.

The second part was about the NFL trying to flex its muscle on Tom Brady.  Plain and simple, he didn't co-operate.  And plain and simple, Goodell thought he could suspend him for that reason.  Again, this had nothing specifically to do with deflated footballs.  This was about the collective bargaining notion that he had the right under personal conduct to take action for non-co-operation, and perhaps to a point for being complicit in a form of bending the rules.

The player and the player association took on that challenge in court.  And a judge ruled that under the CBA, Goodell couldn't suspend Brady.  It had nothing to do with guilt or innocence.  Nothing to with deflated footballs, or lack of co-operation.  It had everything to do with limits on the CBA.

But, there's an inherent problem here.  Two, actually.  The first relates back to the nefarious behavior of the patriots.  I have no doubt *at all* that this will simply embolden them to bend the rules in any way they like, knowing that the consequences are by far outweighed by the gains. 

They will play the game by their own rules.  They will have (another) chip on their shoulders, and will have an axe to grind. They will go mostly undefeated this season, at the expense of integrity.

And then there's the player conduct side.  Goodell just lost nearly all power to enforce conduct rules.  If he can't suspend a player for being uncooperative, how can he reasonably suspend someone for their actions off the field?  There's a danger here that in situations similar to Adrienne Peterson or Ray Rice that the NFL would have to simply let it go.  If they did no wrong under the eyes of the law, then how can the NFL suspend them?

Its going to be tough for the NFL to overcome both issues for a while....
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9 comments

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Appeal process to restore sanity and order !

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It may not be over yet as Goodell has said he's going to appeal the decision. His primary argument being "integrity of the game" which sounds like they didn't quite make that case to the last judge. On one hand, I don't like seeing the NFL walk all over people as they did with Incognito and Kevin O'Neill but I also don't like seeing Brady get away with attempting to cheat. (He's already too smug and arrogant about it.) Whether or not it effected the game is not as important as the fact that he was breaking the rules which to me is an integrity of the game issue. If the rule is unimportant get rid of it but as long as it is a rule no one should get away with breaking it.

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David: I'm cutting and pasting the rest of this from another post that I made so that I wouldn't have to continue to repeat myself. 4 points:

1) PSI’s: This all started when Chris Mortenson reported that 11/12 balls used by the Patriots were a full 2 PSI’s below the legal amount. This has proven to be 100% false. 1 of the 12 balls was 1.6 psi below the minimum, and that doesn’t include that the ball usually deflates on average 1.0-1.2 psi’s going from a 72 degree room to a 48 degree room. Speaking of PSI’s, 3 of the 4 balls the Colts were under 12.5 PSI, and nobody cared. This was an ESPN-generated BS story that the NFL refused to correct because they are in bed with ESPN.

2) Brady’s phone: Ted Wells testified UNDER OATH that he told Tom Brady that he did not need his phone. Even if Wells DID ask for it, Brady wasn’t going to give Wells a pool of 10,000 text messages from his personal life to take out of context when Wells was CLEARLY sent in there to find something. The “destruction of his phone” leak was for shock value and meant nothing.

3) Burden of Proof: The evidence did not point to Tom Brady - ESPN ASSUMED from the outset that Brady was somehow responsible, Wells found nothing, then reported that he was still “generally aware” of something that may/may not have happened in the first place that the Colts were guilty of themselves based on the PSI levels of the footballs. It’s laughable.

4) Texts between ball boys: For Brady to be guilty of anything there had to have been explicit instructions to deflate the footballs at halftime. And there wasn’t. Brady preferred to have the football at a low level on the PSI, known by Wells and Goodell because McNally testified under oath that was Brady instructed the staff to have the balls at the lowest LEGAL PSI and even submitted a document to league officials detailing this. Aaron Rodgers, Joe Montana, and Brad Johnson have all defended Brady as this being commonplace in the NFL. In fact, Johnson bragged that he used to tip ball boys $7,500 per game for their services.

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All I can say is Why appeal ?? drop this process and end the embarrassment NFL! you lost and your not going to win, let it go!!

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Cat, I appreciate your post and your point of view. You obviously have a horse in this race. (i.e. a strong bias) and are using the same talking points that the Brady camp puts outs to spin it in their direction. I have read quite a few of the documents in this case very thoroughly. A person basically has to decide who they believe or find more believable. I love how the word "proven " gets tossed around when in fact nothing has been proven 100%. This ruling has nothing to do with whether or not Tom Brady was guilty of deflation. Nor does it deal with whether or not any particular facts or correct or not. Pure and simple, the ruling is about NFL procedure and the judges opinion of how the NFL conducts discipline within the CBA. Pure and simple. That is it. Period. There is no innocence of Brady proven or declared by the ruling and the truth may never come out. All we have is people's opinions.

I will also say to those in the Brady camp....You have to turn a complete blind eye to the many discrepancies and far fetched explanations given by the Brady camp to actually believe that nothing at all went on here. I don't have the time to go into all aspects of this nor do I care enough to go that deep but having read most of the released documents from both sides including the Wells report and Brady's statement during appeal (among other things). I don't know how anyone could possibly be gullible enough to believe the assertions put forth by the Brady camp. Only someone completely blinded by fan loyalty or devoid of active brain cells could be foolish enough to swallow his pill. At the same time the NFL to totally botched the handling of this case just like everything else they touch which is why the judge ruled the way he did. Just because the NFL botched it doesn't mean Brady is innocent. It just means that unless there is an appeal that he will get away with whatever he did.

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I'd like to represent the two NE employees in a wrongful discipline suit against their employer. If your boss says you did nothing wrong and then punishes you...

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Great Point - Hd3 - Lol

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Dave - think you are right that there is a lot more to the Patriots cheating than footballs. And the real lesson from this story is that the commissioner of the league has little leverage when it comes to dealing with cheaters, or players that won't cooperate with cheating investigations. The Patriots victories are all tainted. The team lives in the gutter and brings down the rest of the NFL with it.

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David Keller: Thank you for your points as well. My responses are below.

“You obviously have a horse in this race. (i.e. a strong bias) and are using the same talking points that the Brady camp puts outs to spin it in their direction.”

Haha. I’m a Dolphins fan, with a Dolphins Webcast that you promote on your front page. I thought my post would open your eyes to what is/isn’t truthful.

“You have to turn a complete blind eye to the many discrepancies and far fetched explanations given by the Brady camp to actually believe that nothing at all went on here.”

Really? Because I think it’s far-fetched to think that Tom Brady would perjure himself under oath and drag his name through the mud for 8 months to avoid paying a $20,000 fine in a game where the biggest Brady supporter would admit had nothing to do with the Colts 45-7 loss.

“I don't know how anyone could possibly be gullible enough to believe the assertions put forth by the Brady camp.”

Brady didn’t ASSERT anything. He has simply maintained his innocence. Do you know that Brady specifically provided documentation to the league that said that he preferred to have the balls at 12.5 PSI’s (LEGAL)? And that the NFL ignored the Ideal Gas Law? The NFL knew all of this and continued the investigation. That’s why they were destroyed in court, when facts actually matter.

For example: If I accused you of killing someone with zero evidence, the burden of proof would be on ME to prove it.

“Just because the NFL botched it doesn't mean Brady is innocent.”

The NFL botched nothing. The truth simply came out in a Federal Courtroom. Goodell tried to suspend Tom Brady for 4 games based on a witch-hunt investigation from an NFL-hired investigator following an ERRONEOUS report by ESPN. Wells and Goodell, predictably to anyone paying attention, got their asses handed to them in court. Additionally, they admitted that Tom Brady cooperated fully with their investigation and that Ted Wells is NOT an independent investigator.