OT: Brady's Freed

[pinotbear]

OJ was freed and still guilty as sin....

Once again, somebody equates the bloody slaughter of two people with an unexplained drop in air pressure in some footballs. Un-freakin'-believable.

 

[toadfoot]

I agree that his ruling was on the failure of the NFL to conduct this case in a fair manner. I just reread his decision. I am not a legal scholar but I fail to see what doors he left open ffor the NFL to have a successful appeal. Every reason he gave for his decision seemed to me to have been supported by cites of previous cases. As to impartiality I saw no remarks attributed to Berman outside of the inquiries he made in open court. It seemed to everyone except the legal scholars that he was trying to make a point to the NFL that based on his review of the record they should try to settle. In Goodell's arrogance he was not going to lose, the CBA was undeniable in giving him abusive powers. The only difference is that had this been a criminal proceeding I would have expected the "dismissal" to have been with prejudice precluding another prosecution (or in this case a persecution).

Correct, while Berman ruled on procedural issues it also doesn't take a brain surgeon (or a psychic) to understand what the judge thought of the evidence in the case. I think anyone objectively reading his opinion would have to conclude that if the suit had been about guilt or innocence he would have thrown this case out and rebuked the NFL even worse than he did.

 

[j66kicker]

Loved the Steelers' headset controversy last night (continuing into this morning). What timing! (Is the NFL just orchestrating all this for tabloid hype? Getting very WWF-like.)

 

[Icebear]

Since the NFL is completely in control of the headset system and New England, also, had problems. It would be a further attempt to discredit and disparage the Pats without basis.

 

[toadfoot]

The blame for the perception around the league that the Patriots are cheaters falls entirely on the NFL office and specifically Roger Goodell. Spygate was a minor violation of camera location that morphed into a gigantic cheating scandal primarily due to Goodell’s mishandling of the tapes and I believe, initially believing (mistakenly) that taping signals was illegal. Deflategate will eventually be shown to be entirely a weather related phenomena that Goodell and the league office almost single handedly created when they overreacted without knowledge of the Ideal Gas Law. Then ESPN and SI dredge up pre-Spygate nonsense citing unnamed sources with unsubstantiated allegations and no evidence. Finally we have communications issues, the Steelers cry foul and the internet goes ballistic even though communication equipment is the responsibility of the NFL.

Goodell and the NFL office have essentially let the genie out of the bottle and it’s tarnishing the entire league. If Goodell had an once of integrity every time a new allegation is made he should be demanding that sources go on the record with hard evidence and if they can’t the league should issue strong, clear statements that such unfounded and unnamed allegations will not be permitted. If made by current players/coaches/owners they should be fined or suspended. It is unconscionable that a team, its players, coaches and owner should be subjected to innuendo and charges of cheating without even the slightest shred of evidence.

A good start would be fining/suspending Tomlin for his post-game comments last night. It's people around the league like Tomlin and his tinfoil hat that are harming the integrity of the league.

 

[billnaples]

The blame for the perception around the league that the Patriots are cheaters falls entirely on the NFL office and specifically Roger Goodell.

Quite true and enhanced by the jealous and envious who can't compete on a consistent basis. I never saw an apology from Chris Mortenson for posting the lies leaked to him, he only removed it after some considerable time had passed and long after he knew the data was wrong. He should not be allowed in any facility to talk to any players unless and until he identifies the source in the NFL office who fed him the lie.

 

[intlzncster]

Loved the Steelers' headset controversy last night (continuing into this morning). What timing! (Is the NFL just orchestrating all this for tabloid hype? Getting very WWF-like.)

Funny part is it happens everywhere. And the Pats headsets were screwed up too. Certainly nothing to do with the torrential rain storms during the game though.

The Steelers' problem was that they inexplicably decided to NOT cover Gronk. Whoops. Then make excuse for idiocy after the game and feel better about themselves.

More proof that BB is all up in other coaches' heads. If only that bloody Coughlin wasn't such a hard headed bastard.

 

[intlzncster]

Notice he's tweeted only TWICE since the judge ruled. Hiding under a rock.

 

[intlzncster]

Also thought it was funny that 'unnamed sources' said this morning that Steelers would file a complaint. Then of course the Steelers 'decide' not to do so later in the day.

Hooray for 'unnamed sources'.

 

[intlzncster]

 

[intlzncster]

 

[j66kicker]

Brady completed 19 consecutive passes last night. This is so statistically unlikely it is pretty much 'proof' that he cheated. Not sure HOW he cheated, but we're pretty sure he did. We'll figure out the 'how' though...

 

[UcMiami]

The NFL is proving to be a completely Mickey Mouse operation - amazing that the richest sports league in the country nickel and dimes its way through life with equipment that most coaches complain ALWAYS has problems.

They are two cheap to install a consistent set of 64 end zone cameras so replay angles vary in every stadium and lead to inconsistency in ability to judge what is and isn't a touchdown.

They lock out their refs for the start of a year and used scabs that effect the 'integrity' of the game in more serious ways than PEDS or domestic abuse (not saying those are not serious issues, but blown calls directly effect the outcome of specific games in ways the others do not.)

They never cared about inflation of footballs and have no protocols and dime store gauges and no knowledge of science, until they care about it so much, and then install a system involving 18 steps for all future games that is about as complex as defusing a nuclear bomb.

They lie and obfuscate for years about concussion issues like the tobacco companies did about cancer and addiction.

And they run a league office of mediocrities with loose lips and little integrity, headed by a gutless public opinion poll swayed, anger management troubled commissioner who was to 'scared' to perform his duty and attend the opening game of a new season. Suspect he is the first sports league commissioner to miss an opening day in any league around the world.

 

[alexrgct]

Bottom line, Pats are 1-0 and defending SB champions, Brady is the starting QB, and Hatriots gonna hate, much to their chagrin...

 

[MJL243]

Goodell and the NFL office have essentially let the genie out of the bottle and it’s tarnishing the entire league. If Goodell had an once of integrity every time a new allegation is made he should be demanding that sources go on the record with hard evidence and if they can’t the league should issue strong, clear statements that such unfounded and unnamed allegations will not be permitted. If made by current players/coaches/owners they should be fined or suspended. It is unconscionable that a team, its players, coaches and owner should be subjected to innuendo and charges of cheating without even the slightest shred of evidence.

A good start would be fining/suspending Tomlin for his post-game comments last night. It's people around the league like Tomlin and his tinfoil hat that are harming the integrity of the league.

Have you been lurking on the Summitt?

 

[CL82]

Brady completed 19 consecutive passes last night. This is so statistically unlikely it is pretty much 'proof' that he cheated. Not sure HOW he cheated, but we're pretty sure he did. We'll figure out the 'how' though...

Is the how important? Isn't enough for everyone to "know" he cheated?

 

[billnaples]

Is the how important? Isn't enough for everyone to "know" he cheated?

Only enough if your name is Roger Goodell. If anyone doubts the bias in that man's mind just look how he jumped from the asinine conclusion of the Wells Report ("more probable than not and generally aware" to the language he used in his denial of Brady's appeal and I paraphrase "he conspired with, directed etc." And if the NFL lawyers's gave him those words they should get fired as well. BTW born and raised A NY Giant fan and last night was painful.

 

[intlzncster]

Notice how important the subject of PSI is this season. Every game it's being talked about as an important issue.

Oh wait...no it's not. Nobody gives two sh!ts.

 

[UcMiami]

Only enough if your name is Roger Goodell. If anyone doubts the bias in that man's mind just look how he jumped from the asinine conclusion of the Wells Report ("more probable than not and generally aware" to the language he used in his denial of Brady's appeal and I paraphrase "he conspired with, directed etc." And if the NFL lawyers's gave him those words they should get fired as well. BTW born and raised A NY Giant fan and last night was painful.

It really is amazing to me how poorly the NFL office legal advice has been in this and other recent situations. They do not appear to understand very basic concepts in labor law and arbitration law. Their actions imply that they think 'Article #46' of their CBA exists in some legal vacuum outside the control of Federal law or the US Constitution.

 

[billnaples]

It really is amazing to me how poorly the NFL office legal advice has been in this and other recent situations. They do not appear to understand very basic concepts in labor law and arbitration law. Their actions imply that they think 'Article #46' of their CBA exists in some legal vacuum outside the control of Federal law or the US Constitution.

Hearing Goodell a few days ago on Mike & Mike where he "addressed" losing at the first level and how they have won the Clarett case when they kicked it up to the 3 judge panel. I never read the original decision nor paid any attention to the rational the full court used in overruling the first guy. That said in the Brady case Berman was so precise in his reasoning for reject the NFL citing any number of precedents. I would frankly be more stunned by a reversal than I would have been if he upheld the NFL. If ever you needed a glowing example of ineptitude look no further than the idiot who bang ed the head of a player into his helmet and got off with a $35K fine, a little higher than they have fined players for uniform "violations"

 

[UcMiami]

Hearing Goodell a few days ago on Mike & Mike where he "addressed" losing at the first level and how they have won the Clarett case when they kicked it up to the 3 judge panel. I never read the original decision nor paid any attention to the rational the full court used in overruling the first guy. That said in the Brady case Berman was so precise in his reasoning for reject the NFL citing any number of precedents. I would frankly be more stunned by a reversal than I would have been if he upheld the NFL. If ever you needed a glowing example of ineptitude look no further than the idiot who bang ed the head of a player into his helmet and got off with a $35K fine, a little higher than they have fined players for uniform "violations"

The Clarett case was also a very different beast - the league was being sued over its rules for player eligibility to be drafted/hired and was a full-on trial with the weighing of evidence. This is a different beast and one the NFL actually doesn't want to win (when calmer heads prevail.) If they win, it goes back to Berman to determine the issues he did not bother to take up - namely the actions of the commissioner as arbitrator and whether he was evidently partial. Should he rule on those three arguments in Brady's favor, it will more clearly destroy Goodell's ability to act as arbitrator in any future case than the current ruling does.

 

[billnaples]

The Clarett case was also a very different beast - the league was being sued over its rules for player eligibility to be drafted/hired and was a full-on trial with the weighing of evidence. This is a different beast and one the NFL actually doesn't want to win (when calmer heads prevail.) If they win, it goes back to Berman to determine the issues he did not bother to take up - namely the actions of the commissioner as arbitrator and whether he was evidently partial. Should he rule on those three arguments in Brady's favor, it will more clearly destroy Goodell's ability to act as arbitrator in any future case than the current ruling does.

Wish I had a better legal background. I thought it was settled law that Berman could only review the Brady appeal based not on the facts of the case (were the balls really deflated and did Brady and/or NE staff conspire to deflate the balls) but only on the process the NFL had underhandedly abused to create a punishable behavior by Brady. Finding that the abuse had indeed happened Berman vacated the suspension and cited case law for each of the three elements he believed the NFL had violated. Frankly I thought the presentation before the Appeal's panel would either uphold Berman's ruling or reverse it and reinstate the suspension. Got any reasonable lawyers out here to help us through the morass known as Goodell and the NFL.

 

[UcMiami]

Wish I had a better legal background. I thought it was settled law that Berman could only review the Brady appeal based not on the facts of the case (were the balls really deflated and did Brady and/or NE staff conspire to deflate the balls) but only on the process the NFL had underhandedly abused to create a punishable behavior by Brady. Finding that the abuse had indeed happened Berman vacated the suspension and cited case law for each of the three elements he believed the NFL had violated. Frankly I thought the presentation before the Appeal's panel would either uphold Berman's ruling or reverse it and reinstate the suspension. Got any reasonable lawyers out here to help us through the morass known as Goodell and the NFL.

Yes - Berman could not rule on the evidence of deflation and or conspiracy, and all he ruled on were basic tenets of labor law - but he also left three arguments in Brady's appeal undecided, having already found two causes to vacate. Typically if an appeals court overrules a lower court judge they send it back to that court to correct the ruling and in this case to take up the other arguments. This is not the same as a criminal jury trial being overthrown on appeal.