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Forums - Sports Discussion - Tom Brady is clear, Suspension is lifted

mornelithe said:
Johnw1104 said:

I read basically everything on this (admittedly, I am a Pats fan, so I had a vested interest), the Wells Report, the Wells Report in Context (from the Pats), the AEI report and their statistical analysis, the appeal transcript, and everything released from this court case.  So, the misteps were pointed out by a few pretty exceptional legal analysts (Stephanie Stradley, and Michael McCann), plus, Berman himself indicated that just withholding Jeffrey Pash from questioning during Brady's appeal, was grounds to overturn the arbitration (You must be allowed to question your accuser in ANY court case).

There's a great deal of conspiracy theory we could go on here, but, I think Goodell relied on his legal counsel (Pash) a bit to much in this, and didn't actually realize he was stomping on the CBA and Federal Labor Law in the process.

kitler53 said:
fuck that guy.

I'm sure Gisele will be tonight :)



I suppose what surprises me is they didn't attempt to settle out of court when the missteps were clear to all. It sounds like they had little chance at that point.



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Johnw1104 said:
mornelithe said:

I suppose what surprises me is they didn't attempt to settle out of court when the missteps were clear to all. It sounds like they had little chance at that point.

That's exactly what the Judge was attempting to push them towards during the hearings.  He hammered the NFL continuously over procedural flaws, and even told them about the Pash thing.  So yeah, it's surprising, however, looking at it from the NFL's perspective, they were attempting to hold onto unlimited power that they 'thought' the CBA afforded them, and after millions of dollars in fees surrounding the case, it seemed like they just dug their heels in.

The NFL is appealing, but given the wording of the Judge's ruling, it's unlikely they're going to win.  I would also note that this case was unique, very unique.  Even though Brady won, it doesn't mean every case brought before the courts will go the same way.  I doubt the NFL will be so blase with the procedural side of this from here on out.  Plus, it was a very very unique set of circumstances, so the league still has a ton of authority under the CBA, but Berman nailed home the fact that they have to follow those procedures as laid out in the CBA and in Federal Labor Law.



Ah well. Brady's rep is still sullied and his victory here is on a technicality. He'll still stride right into the HoF but for a good amount of time he'll have an asterisk in the eyes of non-Pats fans.



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Glad we live in a world where you can cheat and not be punished. Well done, America.



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Moonhero said:
Glad we live in a world where you can cheat and not be punished. Well done, America.


There was laughably little evidence that Brady was actually involved though. This was a witch hunt.



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Normchacho said:
Moonhero said:
Glad we live in a world where you can cheat and not be punished. Well done, America.


There was laughably little evidence that Brady was actually involved though. This was a witch hunt.

Plus, there was actually more evidence to 'reasonably' suggest that the air pressure variance was the result of environmental factors.  This also highlights how much trust people place in the information that NFLN and ESPN filter to fans.  And that's pretty scary.

I'll say this much, as a Patriots fan, I'm done with just cheering when another team or player gets pounded by the league, and yes, I was guilty of that in the past.  This case, coupled w/ Bountygate, and the Ray Rice case have really shone a light on how poorly the league handles things, and how easy it is for them to frame the narrative, before the actual facts surface.  So whether you're happy for Brady or not, at least know you'll have one less 'gloater' the next time the league tries to impose some discipline on a player/team you root for.



Time 2 celebr8



It's semantics but the ruling didn't actually "clear" Brady. In fact, the ruling states the exact opposite. The dismissal of the suspension was based on the process the NFL used to determine and subsequently uphold the suspension.



Neodegenerate said:
It's semantics but the ruling didn't actually "clear" Brady. In fact, the ruling states the exact opposite. The dismissal of the suspension was based on the process the NFL used to determine and subsequently uphold the suspension.

You say that as if the Judge had the authority to overturn it on the facts.  Which is not the case (Legally, via precedent, he could only overturn via procedural flaws).  However, Berman's statements during the hearing should point out to people how little evidence of wrongdoing the NFL actually had.



mornelithe said:
Neodegenerate said:
It's semantics but the ruling didn't actually "clear" Brady. In fact, the ruling states the exact opposite. The dismissal of the suspension was based on the process the NFL used to determine and subsequently uphold the suspension.

You say that as if the Judge had the authority to overturn it on the facts.  Which is not the case (Legally, via precedent, he could only overturn via procedural flaws).  However, Berman's statements during the hearing should point out to people how little evidence of wrongdoing the NFL actually had.


You are right that he didn't have the authority to, but that doesn't change that he had the option to not say anything on the actual findings and elected to specify.  It may have been an attempt to strengthen his ruling against appeal, but the judgment doesn't change without the statement imo.