Deflategate

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Doctor X
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Re: Deflategate

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"You need a bigger box car."

Seriously, according to Gentlemen skilled in this work, this could take us beyond next year before it is even heard. Assuming the
SECOND CIRCUIT ANALYTICS FOR BRADY VS. NFL

Median duration of appeal = 10.0 months

· This is germane to the question of whether the Second Circuit will be in a position decide Brady vs. NFL prior to the end of the 2015 season. The losing side will likely have to file a motion to “expedite” the appeal. But even expedited appeals take time (see O’Bannon & Christie II).

Rate of reversal in Second Circuit = below 10% for civil appeals

http://sports-law.blogspot.com/
are correct, the NFL will then face the unenviable choice of trying to appeal beyond that.

It is a losing game. Way back, polls settled as expect: most in New England believing Tom was innocent and everyone else wanting him to be guilty. Like 63% just after Dumbass levied his suspension.

Move ahead after the court case starts and things change dramatically:
The poll’s findings painted an interesting picture. While 72 percent of respondents said they believed the Patriots deflated footballs in that game, just 16 percent are upset that New England allegedly did so. Furthermore, a majority of NFL players surveyed — 58 percent — don’t believe the Patriots are cheaters.

NESN
Faux News is reporting--on television--that the numbers have reversed. I have "heard that" by others but I cannot find the exact poll. The point is that Goodell not only managed to lose utterly, he reversed opinions.

Think about it. As I joked with a Steelers fan-friend, the vast majority of "fan boys" hate to hate. I love to remind Squeelers that "Your QB is a RAPIST! HA!HA!HA!HA!HA!" I even laugh in all caps. I would expect the vast majority of "fans" in the country would want Brady suspended . . . "because!" Simple fan hate. As I joke, like Red Sox fans before 2004: "EVERY YANKEE TITLE IS TAINTED!!11!!"

Yet, Goodell managed to change the opinions of people who should hate everything about another team that is successful.

--J.D.
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Re: Deflategate

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A fool thinks himself to be wise, but a wise man knows himself to be a fool.
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Re: Deflategate

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Image
ImageImage

Because Pyrrho's code does not accept 漢字.Image
?

First article is very good. The second I gave up on after two paragraphs since he got a slew of details wrong and reprinted lies. He needs to fact-check.

--J.D.

P.S. This is my 49794th Post! :hyper:

P.P.S. Image
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Re: Deflategate

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His Terrificness Responds [Facebook quoted on even the finer goat fancier webpages.--Ed.]
The regular season starts tomorrow morning and I can’t wait to fully commit my energy and emotion to focus on the challenges of the 2015 NFL season. I want to thank my family, my friends, all of the fans, past and current players and my teammates for the support they have given me throughout this challenging experience. I also want to thank Judge Berman and his staff for their efforts to resolve this matter over the past five weeks. I am very grateful. My thanks also to the union’s legal team who has fought so hard right along with me. While I am pleased to be eligible to play, I am sorry our league had to endure this. I don’t think it has been good for our sport – to a large degree, we have all lost. I am also sorry to anyone whose feelings I may have hurt as I have tried to work to resolve this situation. I love the NFL. It is a privilege to be a member of the NFL community and I will always try to do my best in representing my team and the league in a way that would make all members of this community proud. I look forward to the competition on the playing field and I hope the attention of NFL fans can return to where it belongs – on the many great players and coaches who work so hard every week, and sacrifice so much, to make this game great. Most importantly, I look forward to representing the New England Patriots on Thursday night in our season opener. I hope to make all of our fans proud this year … and beyond!
Translation: "Fuck You, Roger. Sorry to Make You Cry!"

Image

. . . and about that Bigger Popcorn Boat:
Federal appeals are complicated, and Patriots fans are going to get well acquainted with the intricacies of the grueling process in the coming months.

The Deflategate fiasco is heading to the U.S. Court of Appeals for the Second Circuit. NFL attorneys filed their notice of appeal less than two hours after U.S. District Court Judge Richard Berman on Thursday vacated Patriots quarterback Tom Brady’s four-game suspension.

Instead of heated rhetoric, letters and combative oral arguments, the appeals process will be much more measured. A panel of three judges will analyze Berman’s ruling, NFL Commissioner Roger Goodell’s now-defunct arbitration decision, and legal briefs from both parties.

The judges will essentially answer one question: Was Berman right when he found that Brady wasn’t afforded adequate due process during the NFL’s disciplinary proceedings?

“The three judges on the panel will be reviewing whether the judgment call by Judge Berman was sound,” said Paul Michel, former chief judge of the U.S. Court of Appeals for the Federal Circuit.

It is not going to be a quick process — it could linger into next spring or beyond. Image

The appeals court already has Berman’s order, but the deluge of legalese hasn’t hit. The NFL will file its formal appeal, and then Brady’s attorneys will respond. The NFL can then respond to that.

However, there will be no discovery, and no witnesses will take the stand. The appeals court must accept the facts that Berman analyzed — but it doesn’t have to embrace how he laid down the law.

As far as issues of law are concerned, the appellate court does not defer to the lower court,” said William Wilkins, former chief judge of the U.S. Court of Appeals for the Fourth Circuit. “That does not mean the appellate court will not look at the legal reasoning made by the district court, but it does mean it doesn’t have to accept it.”

Federal appeals courts don’t see many cases where a judge vacates an arbitration award — and in those unique situations, the decision is frequently upheld. Image

“I think we can say our district court judges do a good job,” Wilkins said, referring to why so many decisions in civil cases don’t get overturned. “They get it right most of the time.”

In the Deflategate litigation, the appeals court can do three things: It can uphold Berman’s decision, send the case back to him with an explanation of how to apply the law or it can vacate it completely. Image

If either Brady or Goodell doesn’t like the decision, the last stop is the U.S. Supreme Court. Image

“That’s the only recourse, but Supreme Court review is not guaranteed,” Michel said. “It has to have huge implications. My guess is that the Second Circuit decision will be the final decision, no matter which way it comes out.”

Bob McGovern: Boston Sun without Tits on Page Three
Image

--J.D.
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Re: Deflategate

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Never mind the popcorn.

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Re: Deflategate

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NFL scortched earth maybe?

Spygate to Deflategate: Inside what split the NFL and Patriots apart
During Spygate investigation, Roger Goodell ordered NFL execs to stomp 8 videotapes to pieces.

From 2000-07, the Patriots recorded opposing coaches’ signals for at least 40 games.

During Pats early SB runs, a low-level Patriots employee would sneak into visiting locker rooms and steal play sheets during pregame warm-ups.

Goodell's handling of Deflategate turned around owners still simmering over Spygate; some say he is now more secure in his job.
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Re: Deflategate

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It is a tantrum.

Jay Glasier has a copy of the "destroyed" tapes on his phone which he shows at parties. I have been told by those who have seen it that it is views of the side-line with a lot of attention on cheerleaders' boobs.

It was legal to tape defensive signals.

It is still legal to tape defensive signals.

The "problem" was that for reasons never explained, the NFL decided you have to film in a certain location that is "covered." The Pats complained, apparently, about the Jets filming outside of this in 2006. What made it "MOAR" of a problem was Belichick ignored an e-mail that stated, "hey guys? You all need to film in the 'Special Place.'"

At the time I agreed--yes--with Goodell's reaction. He was a "new boy" and when you tell someone not to do something and they do it, even if the rationale is stupid, it is still a problem. The punishment was ridiculous but I figured it was Belichick's fault he made himself an example to others.

And everyone still tapes. It is legal. Of course, with microphones allowed in a particular defensive player's helmet, there is far less defensive signalling.

The rest?

Lots of butthurt: lots of teams upset they are not "the Dynasty." "They musta cheated!!!" This has been the attitude of the Rams since day one since they were 14 point favorites and expected to be a dynasty. They boast about it and ridicule the Pats during the Super Bowl.

To be fair . . . HAD the Pats not won in 2001, '03, '04 AND they lost '07 and '11 as they did, there would be Pats Fan Boys screaming about "cheating." It is just the way it is, and people forget owners and the like are also fans.

Some of it gets to levels of stupid reserved for religious debates. Marshall Faulk screams about how "they knew what we were doing."

Every.

Team.

Gets.

Special.

Game.

Film.

Every one. So, yes, the Patriots and any other team that bothers to do their homework has film on you. Marshall bleats about how they revealed a "Sekrit Play" where he would field a kick off. Something he has NEVERZ DONE BEFOREZ!

So here you are. You see a clown who has never been a kick off return, who is a receiver, the best on the team, suddenly playing way back on a kick-off. Think he is going to block? The Pats immediately stuffed him for like one yard.

Return to the last Super Bowl . . . hold on . . . just a moment . . . almost there . . . Damn! I thought of Rex Ryan again! Anyways, Pete--and a shit-load of other coaches--run that pick play. So the Pats practiced it and as has been repeated more frequently than Tinkerbell's rape fantasies, Butler got fried and gave up an easy touch down.

Oddly enough this all works in Dark Hoodies' favor. He likes it that teams worry about this sort of bullshit.

Meanwhile, Goodell is a major loser. Pretty much everyone was tired of Deflategate. To be honest, I found the legal arguments fascinating. Otherwise, it was a screw job, badly performed.

ESPN is the NFL's mouth-piece because no one really watches the NFL network. However, it is also "good news." Why is no one talking about the Federal investigation into the St. Louis Cardinals?

Because no one gives a shit about baseball to that level. Hypocritical, but there it is.

This may blow up in Goodell's face. Most see Deflategate as "over." The legal fight demonstrated the weakness of the screw-jobs. I joke about "fan-boyism" and how being a MFY should be made a capital crime, blah . . . blah. I joke. There are people who take this shit seriously. Some of them use to be the general manager of the Colts who barely won with The Quarterback . . . of . . . DeSTINY. Some of them own the Cowboys, the Ravens, and the Colts.

To give a better example: after October, 2003 but BEFORE October, 2004 screaming RS fans noted that one of the guys who hit a home run to bring the MFYs back in the Game 7 was Jason "Roids!" Giambi. "And FUCK Giambi!" was a common thread. You also had Clemens, and other abusers.

"CHEATED!!11!!"

And if the RS had not won in 2004 fans would still be screaming the same thing when the reason they lost was because a Neanderthal of a manager--looked fucking 75 but was far younger but did not believe in these "stats things"--decided to "go with his heart" and leave a guy in who predictably fell apart after 100 pitches. Period.

The "simmering" over Spygate is simply an excuse a Jones uses to deal with the fact he may die before he ever sees another Super Bowl. If I were a Jets fan . . . or even a Buffalo fan--CLEVELAND fan . . . as a "Fan Boy" I might have the same delusions.

The biggest sin of the Patriots was they were a shitty team for about forever. The one time they could have actually won a SB--NOT in 1984-85!--they got screwed by a call then sank into irrelevance. Steelers? Cowboys? Even 49rs were expected to win. Hell, people wondered when Green Bay woudl come back.

Shitty team finally wins against what was once a completely shitty team--"LA Lambs!"--that suddenly became "The Greatest Show on Turf." How cute! 2001. 9/11. "We're all Patriots!" Nice! Now go away.

Which they did the following year. Balance is not only restored, Tampa Fucking Bay--a WORSE team historically than The Team Whose Mascot is Shitting a Football--won the Super Bowl. It was like the White Sox winning after the Red Sox.

How cute!

Then the Patriots not only won again, they kept winning. They kept knocking off the Colts, Steelers. Now, to a fan-base, you have to explain "why not us?" Salary cap was suppose to prevent dynasties not named "Cowboys." Here is a team winning their division every year.

In other words: simple jealousy. Brady was a 6th round pick. That means every other fucking team had multiple chances to draft him except the Saints because Mike "Most Over-Rated Coach Not Named Phil Jackson [Stop that.--Ed.]" Ditka spent all of the Saints picks into 2004 for a running back and a suppository.

"Why not us?"

Rather than admit they outplayed you, easier to pretend they cheated. Again, that is RS fans before 2004. It would be Pats fans if they had not won earlier SBs. It is Seamen fans now.

Why sports is a religion.

--J.D.
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"It was the criticisms of Doc X, actually, that let me see more clearly how far the hypocrisy had gone." – clarsct
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Re: Deflategate

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Is the fact that the NFL's apologist network and the magazine that is only relevant once a year both published "independent investigative reports" featuring a lot of the same "information" from "unnamed sources" on the same day suspicious looking at all?

It smells of sour grapes.
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Re: Deflategate

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Jets player Brandon Marshall has claimed that the NFL wiped out Brady's suspension because of "racial reasons."

Notice he said the NFL did this.

As black Sports Dude Michael Holly put it: "So if he's black he'd be . . . Adrianne Peterson?!!"

--J.D.
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"Doctor X is just treating you the way he treats everyone--as subhuman crap too dumb to breathe in after you breathe out." – Don
DocX: FTW. – sparks
"Doctor X wins again." – Pyrrho
"Never sorry to make a racist Fucktard cry." – His Humble MagNIfIcence
"It was the criticisms of Doc X, actually, that let me see more clearly how far the hypocrisy had gone." – clarsct
"I'd leave it up to Doctor X who has been a benevolent tyrant so far." – Grammatron
"Indeed you are a river to your people.
Shit. That's going to end up in your sig." – Pyrrho
"Try a twelve step program and accept Doctor X as your High Power." – asthmatic camel
"just like Doc X said." – gnome

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Re: Deflategate

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After reading it a few times, this seems less of an attack on either Patriots or NFL/Goodell, but rather an attempt for ESPN to stay both relevant and display integrity as journalists. But lots of different fail ensues.
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Re: Deflategate

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Believe me Sports Talk in Boston has exploded on both the ESPN and SI articles. One major point is that there is no actual "evidences"--thanks. For example, there is the claim that Patriots Dudes would go into visiting locker rooms to steal the play-sheets that would have "OUR FIRST 20 PLAYS!"

As more than one NFL former player has asked rhetorically: "why would you ever leave that in a locker room?" Answer: you do not.

Even more hilarious is the claim that by some nefarious means Bellichick "knew which players of the opposing team was on the plane!!11!!"

This is released by teams. They have to do that. If a player is not on the plane he is marked as not being able to play. It is all about the injury reports and the like that are designed to lessen gambling scandals--mafiosos and the like trying to pay to find out whether or not Peyton is having his period this weekend, et cetera.

As another Talking Head put it: "The Lakers [Boo. Hiss.--Ed.] use to accuse Red Aurbach of turning off the air conditioning in the vistor's locker room. The Garden didn't HAVE air conditioning!"

However, Deflategate has now sunk in most people's minds as an interest story. So ESPN, SI and the like are just creating more news. And people are watching and commenting. A win for them.

--J.D.
Mob of the Mean: Free beanie, cattle-prod and Charley Fan Club!
"Doctor X is just treating you the way he treats everyone--as subhuman crap too dumb to breathe in after you breathe out." – Don
DocX: FTW. – sparks
"Doctor X wins again." – Pyrrho
"Never sorry to make a racist Fucktard cry." – His Humble MagNIfIcence
"It was the criticisms of Doc X, actually, that let me see more clearly how far the hypocrisy had gone." – clarsct
"I'd leave it up to Doctor X who has been a benevolent tyrant so far." – Grammatron
"Indeed you are a river to your people.
Shit. That's going to end up in your sig." – Pyrrho
"Try a twelve step program and accept Doctor X as your High Power." – asthmatic camel
"just like Doc X said." – gnome

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Re: Deflategate

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Meanwhile, Judge Berman has "read into the record" all of the letters he has received. You have to give him serious credit for making everything public. What exposed Goodell as a liar was the comparison of his claims about Brady's testimony in his 20-page appeal decision with the actual testimony the NFL demanded remain sealed.
A long-time fan attacks the NFL commissioner, saying, "I have been an ardent NFL fan for 58 years and have never seen the level of ineptitude and incompetence displayed by Roger Goodell and his band of yes men during this whole deflategate fiasco."

He goes on to say he will not "spend another penny" on tickets or merchandise until Goodell "wakes up his brain cramp and does the right thing!" He concludes the letter by asking the judge to "do the right thing" and vacate Brady's suspension.

BAWSTON Station
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DocX: FTW. – sparks
"Doctor X wins again." – Pyrrho
"Never sorry to make a racist Fucktard cry." – His Humble MagNIfIcence
"It was the criticisms of Doc X, actually, that let me see more clearly how far the hypocrisy had gone." – clarsct
"I'd leave it up to Doctor X who has been a benevolent tyrant so far." – Grammatron
"Indeed you are a river to your people.
Shit. That's going to end up in your sig." – Pyrrho
"Try a twelve step program and accept Doctor X as your High Power." – asthmatic camel
"just like Doc X said." – gnome

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Re: Deflategate

Post by Anaxagoras »

Evolver wrote:Is the fact that the NFL's apologist network and the magazine that is only relevant once a year both published "independent investigative reports" featuring a lot of the same "information" from "unnamed sources" on the same day suspicious looking at all?

It smells of sour grapes.
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Re: Deflategate

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Jeffrey Kessler, the attorney for the NFLPA and Brady, speaks:
Kessler said there wasn’t ever really much doubt as to whether or not they would win the case.

“Yes, once we looked into this, we were convinced that what happened here at the league was wrong and it didn’t follow the rules of the CBA and it didn’t follow the legal requirements. So, we thought it would probably take us having to go to court, which it did, but we thought eventually we would get here,” Kessler said.

The lawyer was asked his he could unequivocally say Brady was not involved in a scheme to deflate footballs.

What I can say is that everybody who has testified in this matter has said Tom Brady was not involved in such a scheme,” Kessler said. “He testified under oath. The two clubhouse people were interviewed and said there was no such scheme and he was not involved. There is no document that indicated he was involved in such a scheme. I am not aware of any evidence to indicate that that would be the case and I believe Tom Brady.

Kessler said nothing that his team said during the appeal in front of commissioner Roger Goodell could have changed his mind on the four-game suspension.

“I’m not sure that there is anything that would have caused him to change his view because I don’t think we had an arbitrator that was prepared to consider the evidence openly and fairly,” he said.

Now the NFL has taken the case to the second circuit following Judge Berman ruling in favor of Brady. Kessler isn’t worried because he said all the NFL will use is “the exact same arguments to Judge Berman that he rejected.

“They have a one-note defense,” he added.

Kessler also gave the story behind why Patriots team employees John Jastremski and Jim McNally were never called to testify. This would be during the NFL appeal before Goodell.

“First of all, we don’t have access to them,” he said. “It’s not like we had them out in the waiting room waiting to come in and testify. What happened was we were originally given four hoursto present our entire defense and we already had a record in the Wells Report that Jastremski and McNally had both told Wells that nothing had happened and Tom Brady did anything. That was the Wells’ finding on that. Notice that those statements are not contained in the Pasch-Wells Report, to use Judge Berman's designation of it. In the four hours that we had there was no way we thought we had to get them and we didn’t have access to them anyway.

Then what happened at the end of the 11-hour hearing, because it ended up going a lot longer as they kept extending it, commissioner Goodell made a request to say that does either party think he should interview those two before rendering his decision. The NFL said no, they didn’t think there was any need to call them and we said no because they already told Ted Wells they had no evidence against Tom Brady so what was the point in calling them from our standpoint. That’s what happened with the two of them.”

It Be What it Be
With regards to the last point, not to argue with an actual lawyer widely considered the best in the field, but I suspect that will be read by Tw00fers that "THEY WERE AFRAID TO HAVE THEM TESTIFY!!11!!" as if in front of Goodell Frick and Frack would suddenly break down: "Yes! We did it! HA!HA! Brady paid us to hide Obama's Nigerian birth certificate! Steel doesn't melt jet fuel!" Though what lawyer is going to expose a witness more than he has to? Never know how their testimony will be interpreted, particularly in front of a biased arbitrator. Given how Goodell lied about Brady's testimony to him during this hearing, perhaps this was the best decision. Still, the Tw00fers have been screaming "WHY HAVEN'T WE HEARD FROM FRICK AND FRACK AND WHERE IS MY SHIFT KEY?!!" and the NFL rather hoped that myth would remain.

Pasch and Wells did hear from them.

They did not like what they heard.

--J.D.
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"Doctor X is just treating you the way he treats everyone--as subhuman crap too dumb to breathe in after you breathe out." – Don
DocX: FTW. – sparks
"Doctor X wins again." – Pyrrho
"Never sorry to make a racist Fucktard cry." – His Humble MagNIfIcence
"It was the criticisms of Doc X, actually, that let me see more clearly how far the hypocrisy had gone." – clarsct
"I'd leave it up to Doctor X who has been a benevolent tyrant so far." – Grammatron
"Indeed you are a river to your people.
Shit. That's going to end up in your sig." – Pyrrho
"Try a twelve step program and accept Doctor X as your High Power." – asthmatic camel
"just like Doc X said." – gnome

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Re: Deflategate

Post by Doctor X »

. . . MOAR POPCORNS!!

To begin, neither the NFL nor the Glorious World Championship Enemy Scattering [Get on with it.--Ed.] Patriots are willing to agree who suspended "Frick and Frack." Since in its punishment the NFL Troy Vincent demands that the Pats apply to him if they wish to reinstate either, the NFL claim they did not want them suspended sort of, well, adds up as well as all of their other claims.

It became an "optics" thing where the NFL encouraged some reporters who carry its water to "wonder" "if the Patriots are innocent WHY DEY SUSPENDS FRICK AND FRACK?!!!!"

"Because . . . uh . . . they demanded us to?"

So . . .
What does appear clear today is that NFL VP of Football Operations Troy Vincent has requested to meet with Patriots equipment staffer John Jastremski and locker room attendant Jim McNally before either is reinstated by the franchise. ["Snip!"--Ed.]

However,there are conflicting reports on what exactly Vincent would like to talk about. Quelle surprise An NFL.com report said that Jastremski and McNally could face discipline for what the NFL believes they did with the footballs. Their alleged actions — including texts and video surveillance — were detailed in the league-sanctioned Wells report. Meanwhile, Pro Football Talk reports that there is no discipline coming. According to the story, Vincent wants only to discuss the duo's role going forward. It also states that the Patriots will have representation in the room during the meeting.

The Boston Sun
Now . . . if the NFL maintains it did NOT want Frick and Frack suspended, how can it punish them? If they do NOT punish them, how can it maintain that Brady's punishment . . . and the Patriots punishment . . . is "just?"

The problem is Frick and Frack are not under any union or CBA rules that I am aware of. There are probably "Disclosure Agreements" with the Patriots but if either or both had "We'z gots Evidences--thanks!--that Bob Kraft deflates balls!" I would sort of suspect Kraft, the Pats, and all would have caved quickly. So would Brady. Anyways, assuming, then, that Frick and Frack did not break t3h r00lz, if they are punished they can certainly sue the NFL. There is no CBA unless there is some sort of "By Being Our Employee You Agree to Suck Goodell Dick as Well." So all of the excuses Goodell and the NFL used in the appeal should not protect them.

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Re: Deflategate

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Update from a confessed homer--he jokes he wants Brady's baby and did the video that was posted earlier where he is sucking on [Foot--Ed.]balls. I like Jerry Thorton--comedian--who despite his "homer roll" does have criticisms. Anyways, since everyone is posting this, might as well use him:
WEEI.com — Following a report early Sunday of Patriots equipment staffer John Jastremski and locker room attendant Jim McNally being requested to meet with NFL executive VP of football operations Troy Vincent before either is reinstated by the team, it was thought they both could face further discipline for their role in the Deflategate case.

But apparently that won’t happen.[/i]

According to Pro Football Talk, the league will not be imposing discipline on either man. The report adds Vincent intends not to interrogate the suspended employees but to discuss their roles going forward.
. . . .
Remember when the adventures of John Jastremski and Jim McNally "Frick and Frack" captivated the world? They were international men of mystery. Central figures in a huge “scandal.” Authors of the most fascinating private texts since Tiger Woods‘ that were being read across the globe. The human race hung on every swear word. And one word — “Deflator” — entered the lexicon and became the sole basis for the most unjust punishment in the history of sports. Muhammed Ali and Jack Johnson might disagree. . . . Jastremski and McNally were the R2-D2 and C-3PO of this epic saga. And we all waited with breathless anticipation for them to break their silence, come clean and blow up Tom Brady‘s personal Death Star.

But now? Nothing. No one outside of the few remaining science-denying Deflategate truthers like that ignoramus Bart Hubbuch even mention their names any more. And now they’re going to be back on the Patriots payroll, handing out rolls of tape and keeping the energy drink buckets filled like nothing happened.
This is significant: even I wondered what "Frick and Frack" would eventually say. Conspiracy theories abounded. Now, part of it was answered during the appeal process where it was revealed that both stated they did nothing, Brady did nothing, et cetera but Pash and Wells decided not to include any of that in their report. Prior to that time, there was this sort of feeling "they're HIDING things!" Given the level the NFL went after the Patriots and Brady, how the hell could they allow them to work for an NFL team?
Well, I for one will never forget. Something did happen, and it wasn’t these guys letting air out of balls. Jastremski and McNally were railroaded. By the NFL, by the media and by the Deflategate flat-earthers who have slandered them for the crimes of texting each other in a way Ted Wells doesn’t understand and taking a pee break. Because let’s face it, if the NFL really did have something on them, if the league could prove 1 percent of the allegations against them, the Deflator and Dorito Dink wouldn’t be allowed anywhere near an NFL stadium, never mind drawing a paycheck.

So good for Jastremski and McNally. I’m sure they’d rather just get back to work and put this whole thing behind them so we won’t hear word one from either. But if they did speak I hope they’d ask where they can go to get their reputations back.

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Re: Deflategate

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Image








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Image

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Re: Deflategate

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This has been reported a few places but this is the first time I have found a concise report. The show is from Showtime so may be hard to find.
NFL Cheated . . . in the Rain:

New York law professor Robert Blecker says in Deflategate, there is only one proven cheater: the NFL.

In an interview with 60 Minutes Sports, Blecker displays a piece of evidence from the Wells Report that he claims shows a clear NFL bias in the Wells Report.

The two gauges that referee Walt Anderson used to measure the Patriots footballs at halftime of the AFC Championship game have become known as the logo gauge and the non-logo gauge.

One read higher than the other by 0.4 PSI at halftime.

In the Wells Report, it's written that Anderson misremembers which gauge he used to measure the balls before the game. Blecker asserts that's not true, and believes he used the higher reading gauge before the game.

In an effort to make the two gauges seem similar despite the heavy disparity, Blecker found an incriminating measurement in Ted Wells' report.

"Looking at the photograph I went 'oh my god. I can't believe it,'' Blecker said. "They put the rulers under it, and under one they start the needle at the zero point, and at the other they start it at the 0.2 inch to make the needle seem longer to the untrained eye."

As such, one could believe the NFL cited the lower reading gauge at halftime - after OK'ing the balls with the higher reading one - to cry foul.

Blecker says this revelation would have had the NFL's case in hot water far sooner.

"That should have been brought to the attention of - first of all on appeal, to Goodell to show the obvious clear bias - and then it should have been brought to the attention of the judge - and it wasn't," Blecker said. "It should have been brought to the judge's attention, and it would have served two purposes simultaneously. One would be to show the unfairness of the investigation, but the other would also be to suggest the innocence of Brady."

Blecker said he considers himself an unlikely defender of the Patriots.

"When I first read the Wells Report I thought they cheated - and truthfully, I sort of hoped they did - because I don't like the Patriots, I still don't like the Patriots as a team," he said.

So, why is he so certain the NFL is wrong?

"Science can explain it," Blecker said. "And then increasingly there have been a rising chorus of voices including a Nobel Prize winning chemist who says the science was junk. At the appeal, the Dean of the Yale School of Management said the statistics were junk. Increasingly, the more you read, the more blogs you read, the more you think it through, the more you realize this is based on a tissue of lies."

Chris Mason: Boston Sun
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Re: Deflategate

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Speaking of Patriots players, deflating footballs and cellphones....

[youtube]7KJOQ_44ClQ[/youtube]

I hear Gronk is getting an 8 game suspension.
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Re: Deflategate

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Daniel Wallach@WALLACHLEGAL Breaking: NFL files its "Civil Appeal Pre-Argument Statement" with the Second Circuit, previewing its arguments on appeal
Our Man McCann's Twitter
:hyper:

From his own feed:
Awesome @McCannSportsLaw find: Judge Berman reversed by Second Circuit only 13 times out of 138 appeals since 2006 (less than 10 percent)
:hyper: :hyper:

Our Man McCann weighs in:
In court papers filed with the U.S. Court of Appeals for the Second Circuit, attorneys for the NFL outlined the league’s anticipated legal arguments for the appeal. Unlike the one-month hearing before Judge Berman, the appellate process in Brady v. NFL will take months, if not years, to play out :hyper: and an ultimate decision is likely a long way off. Assuming the NFL and NFLPA continue the appellate process to its logical conclusion, the Second Circuit will probably not rule until next summer or fall and its ruling would be followed by another appellate stage. To be sure, the league appealing Brady v. NFL is the expected move and is consistent with statements made by NFL commissioner Roger Goodell. As explained below, however, the appeal imposes risk on the NFL and possibly other professional sports leagues.

Understanding the NFL’s filing on Thursday and its significance in the case

Thursday’s filing only serves as the NFL’s “pre-argument statement.” The pre-argument statement merely informs the Second Circuit of the types of arguments the league plans to raise on appeal.

According to the pre-argument statement, the NFL first intends to argue that Judge Berman relied on the wrong federal law in determining the relevant legal standards. The league insists that Judge Berman should have relied on a federal labor law — the Labor Management Relations Act — rather than the Federal Arbitration Act. In his opinion, recall how Judge Berman highlighted that an arbitration award (which in this case was Goodell upholding Brady’s suspension) must exhibit fairness and due process. Judge Berman also placed significance on the law of the shop, which required the NFL to provide advance notice of prohibited conduct and potential discipline. In an appeal, the NFL will insist that the Second Circuit should place far greater significance on federal court deference to arbitration awards as dictated by the Labor Management Relations Act.

Second, the NFL intends to argue that Judge Berman mistakenly disagreed with Goodell's interpretation of the CBA, Goodell’s findings of fact and Goodell’s utilization of past NFL arbitration awards. Judge Berman contended that Goodell, as the arbitrator, was “not free to merely dispense his own brand of industrial justice." Judge Berman’s message indicated that he regarded Goodell as acting well beyond the permissible scope of his powers. Recall how during the hearings, Judge Berman seemed particularly interested in the NFL’s findings of fact — especially as that fact-finding related to NFL allegations of a football deflation conspiracy and to whether the league sufficiently explained under which policy Brady had been punished.

Third, the NFL plans to assert that Judge Berman wrongly relied on his disagreement with Goodell’s rulings on two issues pertaining to evidence. In his opinion, Judge Berman chastised Goodell for several topics related to evidence, including Goodell denying Brady an opportunity to review notes of witness interviews conducted by Ted Wells. In an appeal, the NFL will maintain that Goodell had the discretionary authority under Article 46 Or as more than one legal scholar has noted, the NFL is basically regurgitating its original argument which boils down to "Article 46 says Goodell can do whatever the fuck he wants." of the collective bargaining agreement to make decisions about evidence and that Judge Berman mistakenly ruled otherwise.

Lastly, the league argues that in reviewing Judge Berman’s order, the Second Circuit should do “de novo.” If adopted by the Second Circuit, the de novo standard would require the appellate court to review Judge Berman’s decision without deference to Judge Berman. The Second Circuit would thus consider the issues raised by Goodell in upholding Brady’s appeal with a fresh set of eyes and wouldn’t rubberstamp Judge Berman’s conclusions. The de novo standard is generally considered the appropriate standard for questions of law, but as the NFLPA will insist, it is not appropriate for questions of fact and arguably some aspects of Judge Berman’s decision go to factual matters.

Brady will likely win the appeal

To win the appeal, the NFL must convince at least two judges on a three-judge Second Circuit panel(the panel has not yet been named) that Judge Berman misapplied or misinterpreted the law.

First, appeals usually fail.

Second, the Second Circuit has affirmed Judge Berman’s decisions at a high rate. According to data I found through Westlaw’s excellent judicial reversal report service, 138 of Judge Berman’s decisions were appealed between 2006–15 and 104 of them (75%) were affirmed. Only 13 of those appeals (9%) led to the Second Circuit reversing or vacatingJudge Berman’s decision, with even fewer appeals leading to remand (which means a new hearing) or partial affirmation.

Third, Judge Berman’s decision in Brady v. NFL lacked obvious gaps in reasoning that can be exploited in an appeal. This was not a head-scratching opinion that seems ripe for appellate reversal. The decision was instead straightforward and, to many, logical.

The NFL losing the appeal could carry serious consequences for the league and possibly also the NBA, MLB and NHL

The NFL’s loss in Brady v. NFL at the U.S. District Court in the Southern District of New York creates precedent that can be used against the NFL in future cases. Judge Berman’s opinion indicates that the law of the shop imposes decision-making constraints on Goodell that go beyond those collectively bargained in Article 46. This ruling is now binding precedent in this particular federal court and is influential in other courts.

If the NFL loses Brady v. NFL at the U.S. Court of Appeals for the Second Circuit, a more consequential court precedent would be set and it would be binding on other federal district courts in New York, as well as those in Connecticut and Vermont. The precedent would also carry more significant persuasion in other federal district courts than the lower court decision of Judge Berman. The league, in other words, is rolling the dice by pursuing an appeal.

The appeals process could go into 2017 or beyond :hyper: :hyper: :hyper: :hyper:

In an attempt to encourage a settlement, Judge Berman warned the NFL and NFLPA that Brady v. NFL could last years. He was right. If sometime next year the Second Circuit remands the case back to Judge Berman, he would then conduct a new hearing. Judge Berman would reserve the right to rule on issues that he previously declined to adjudicate, such as whether Goodell was unlawfully partial as the arbitrator. A second decision by Judge Berman could be met with a second appeal to the Second Circuit, with the second appeal not decided until sometime in 2017 or even 2018.

Alternatively, the Second Circuit could affirm or reverse Judge Berman’s first ruling, which would then allow the loser to petition for an “en banc” hearing before the entire Second Circuit. While en banc hearings are rarely granted, petitioning for one would take months to play out. :hyper: Afterward, there would be an opportunity for the losing side to seek review by the U.S. Supreme Court. :hyper: :hyper: This entire appellate process could take several years. While the 38-year-old Brady is expected to play for several more seasons, it’s conceivable that he could retire before the litigation ends. A court would likely render the litigation “moot” at that point and end it.

Sports Illustrated
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Re: Deflategate

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Re: Deflategate

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Have you seen the season premier of South Park.

I won't say what it's about cuz spoilers but it does touch on Deflategate.

http://southpark.cc.com/full-episodes/s ... t=!airdate
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Re: Deflategate

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It was okay. The problem is Trey and Matt lost it when they hired a sexual molester as a quarter back.

That being said, even Pats Sports Dudes recommend the Cartmen Brady-Goodell-Belichick montage and a number of Boston papers [Both of them.--Ed.] have linked to it.

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NFL and NFLPA Agree and Formally Request an Expedited Hearing Image

A ton of Talking-Legal Heads agree that if the Appeals Court agrees, the earliest hearing will be in January or February of 2016. This is despite earlier leaks from Mike Kensil A Highly Placed NFL Source That Should Not be Confused with the Same Highly Placed NFL Source that Told Stephen A. Smith the NFL "Welcomed" the Brady Appeal with "Bring it On!"[Tm.--Ed.] that claimed the Appeals Court would rule against Brady before the end of this season.

Even the NFL came out and admitted this was "unmitigated horse-shit" [Citation needed.--Ed.] and the earliest hearing would be next year.

Our Man McCann states in his twitter feed--see linkypoos above: "NFL's appeal might also be 1st of several rounds of appeals. Case could be remanded back to Judge Berman & then more appeals, lasting years."

Image

Heat up the popcorn maker. . . .

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Re: Deflategate

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Interview with Judge Berman

He does confess he may let his wife go to the Dunkin' Donuts in Main to pick up some coffee. . . .

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Yeah, I did not bother posting about Goodell's filling on his appeal because it added nothing other than whining that Judge Berman "ruled against us!" The Legal Dudes pretty much laughed at it.

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PCF_1.jpg
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I had someone send that to me.

One thing I found interesting but did not bother posting was the release of the appeal transcript for Greg "You Givin' Me More Your Lip?!" Hardy. Basically, the NFL sat there, swallowed everything Hardy's attorney told them--like The Victim Started the Fight and Hardy was Defending Himself and . . . Like . . . She Slipped on the Bathroom Scale . . . then Fell into the Tub--without any challenge.

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The person who sent it to me found it posted at NFL.com.
He copied it before they found it and deleted it.
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Re: Deflategate

Post by Doctor X »

Interesting . . . though I have received so many pro- anti- deflategate pictures and the like I sort have lost track of them all!

What they SHOULD be screaming about is the Michael Corleone--Sonozaki Level destruction of all who stood in their way:

[youtube][/youtube]

"Now I settle all of Corleone Kraft Family business. . . ."

List of the Oyashiro-Sama[Stop that!--Ed.] Cursed
  • 1. Crows: whined about the bad, bad, bad Patriots out-coaching them. Season over. Head may roll.

    2. Seamen: Season practically over--like Houston, they stole your soul.

    3. Dolts: Arm trouble not enough? How about we fracture your kidney? May still make the playoffs which means the draft pick will not be enough to fix your many problems. Is Andrew a "bust?" That word has been used by non-Pat-Fan-Boy reporters.

    4. Squealers: Lose both your main offensive weapons. Will keep you around to beat, maybe, in a Divisional Round . . . if you are lucky.

    5. Swills & Regrets: BWA!HA!HA!HA!HA!HA!

    6. Fish: "Could challenge the Patriots for the Division this season." Sure.

    7. Dullass:: BWA!HA!HA!HA!HA!HA!HA!

    8. I Lost This Game as a Team: not only falling apart when they were The Big Challenge, The Quarterback . . . of . . . Destiny threw four picks, fumbled the ball, and got benched and now has a partially torn plantar fascia. Which means no Meanie Points for me in two weeks. Image

    8. Roger: "I should have attended Hardy's appeal? Why? It's not like domestic violence is important. Besides, she slipped on a bathroom scale. Now where is Tom's phone? I'm told I should care about that months after the investigation. I like prunes."
and so on. But like the "Curse of the Bambino" was largely the result of the racist owner and his equally racist general managers' collective baseball incompetence, much of that is "bad luck"--Pats Fans will scream about Edelmann and Lewis--and Pure Incompetence on the part of, say, the Ravens coaching staff, the Colts coaching and general managers, and, of course, Jerry "Al Davis Baby!" Jones.

No . . . that is too rational . . . clearly she is to blame:

Image

--J. "Only Don't Tell Me You're Innocent Carlo, Chuck, Because it Insults My Intelligence and it Make Me Very Angry" D.
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Re: Deflategate

Post by Doctor X »

Apparently oral arguments are scheduled for March. :hyper:

--J.D.
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"It was the criticisms of Doc X, actually, that let me see more clearly how far the hypocrisy had gone." – clarsct
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Re: Deflategate

Post by Evolver »

But when are the double secret anal arguments?
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Re: Deflategate

Post by Doctor X »

You seem fixated in receiving anal arguments.

Not . . . that. . . .

--J.D.
Mob of the Mean: Free beanie, cattle-prod and Charley Fan Club!
"Doctor X is just treating you the way he treats everyone--as subhuman crap too dumb to breathe in after you breathe out." – Don
DocX: FTW. – sparks
"Doctor X wins again." – Pyrrho
"Never sorry to make a racist Fucktard cry." – His Humble MagNIfIcence
"It was the criticisms of Doc X, actually, that let me see more clearly how far the hypocrisy had gone." – clarsct
"I'd leave it up to Doctor X who has been a benevolent tyrant so far." – Grammatron
"Indeed you are a river to your people.
Shit. That's going to end up in your sig." – Pyrrho
"Try a twelve step program and accept Doctor X as your High Power." – asthmatic camel
"just like Doc X said." – gnome

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Re: Deflategate

Post by Doctor X »

From Our Man McCann's twitter--see above:
In new court filing, NFL portrays Tom Brady as engaging "unique & aggregate misconduct." Seems like NFL portrays Brady worse in every brief.
Too many are noting that Ginger is doing this because he cannot be sued for libel if stated in a federal appeal. However, the problem is he cannot base his appeal by claiming new charges. Basically, he is claiming he justly punished for parking in a handicapped parking space.

He lost that on the Brady appeal.

So his appeal has to be, basically, that the judge misapplied the law in ruling he unjustly punished for parking in a handicapped parking space. He could not, during Brady's appeal, claim that despite the fact he ruled on a parking violation, he was "4 r34lz" ruling on Brady murdering orphans. This the judge made clear. Imagine if a prosecution defends an appeal with, "but we're really sure he's guilty of other things we did not try him for nor introduced any evidence for."

He cannot introduce new evidence.

So now Ginger is trying to do it again on appeal: "not only that but now we're even MORE SURE he killed Santa!!!!"

That was Ginger's response to Brady's Peoples response to his appeal filing. The Brady response is more involved:
In a 73-page brief, Jeffrey Kessler, David Greenspan and other attorneys representing Brady and the NFLPA detailed why a three-judge panel on the U.S. Court of Appeals for the Second Circuit should affirm U.S. District Judge Richard Berman’s Sept. 4 order.
. . . .
Monday’s filing is merely one of several stepsin what will be a lengthy appeals process. The process will last well into 2016 and possibly beyond. :hyper: Indeed, by Dec. 21, attorneys representing the NFL will respond to Brady’s brief in a separate filing. That abomination referenced above. The two sides will then prepare for courtroom oral arguments that have been scheduled for March 3, 2016, with a decision by the three-judge panel likely to be made by early summer.
. . . .
Brady’s brief only has one legal purpose: convince the appellate judges that Judge Berman correctly applied the law in vacating Goodell’s decision. The brief is thus not designed to convert those who believe that Brady participated in a scientifically questionable ball deflation scheme into believers of Brady’s innocence. Nor is it designed to clear the Patriots of alleged wrongdoing in the 2015 AFC Championship game. The brief is simply designed to show that Judge Berman correctly applied the law. And that’s all. Something Ginger and his lawyers seem to have again forgotten.
. . . .
First, the brief reaffirms Judge Berman’s conclusion that Article 46 of the collective bargaining agreement (CBA) does not grant Goodell with unlimited authority to discipline players.
. . . .
The wording of Article 46 thus indicates sweeping discretion for Goodell. Brady’s attorneys, however, insist that Goodell cannot disregard other collectively bargained policies when applying Article 46. Those policies include stipulated fines for certain types of misconduct and requirements that players be on notice of the type of penalty they face when they engage in specific acts.

Building on that point, the brief charges that Goodell engaged in an “obstinate refusal” to observe fundamental requirements of fairness. For example, as the brief contends, Brady could not have received adequate notice that he would be subject to a four-game suspension when “no player in NFL history had ever received a suspension for alleged football tampering or failing to cooperate with a League investigation.” This is particularly the case, Brady asserts, since the only collectively bargained penalty for alleged football tampering is a fine.

The brief also ridicules Goodell for justifying Brady’s four-game suspension based on the fact that the collectively bargained performance enhancing drug (PED) policy also calls for a four-game suspension. As Brady’s brief and other materials detail, a four-game suspension for PEDs was the result of thorough negotiations between the NFL and NFLPA.
. . . .
Brady’s brief hits at several other points, including that Brady could not have received a fair hearingbefore Goodell when the commissioner denied Brady’s attorneys an opportunity to question NFL general counsel Jeffrey Pash, who edited the Wells Report—the very document used by the NFL to punish Brady The brief also takes care to vigorously defend Judge Berman, whom the NFL implied was influenced, if not star-struck, by the “celebrity” status of Brady and the NFL. Brady’s attorneys know that the three appellate judges could resent the NFL suggesting that Judge Berman, who is 72-years-old and has been a federal judge for 17 years, might be vulnerable to interpreting the law differently merely because a case features celebrity parties. Brady’s attorneys made sure to incorporate that point into the brief.

Lastly, the brief carefully details how Brady should have benefited from procedural safeguards recognized in disciplinary matters involving four New Orleans Saints players involved in Bountygate as well as matters involving Ray Rice, Adrian Peterson and Greg Hardy. For instance, in Bountygate, former NFL commissioner Paul Tagliabue recognized that it would be “inconsistent” with the CBA for the league commissioner to punish players without giving them advance notice. The reference to these other player matters highlighted how even though Article 46 is written in a way that seems to give Goodell nearly unlimited latitude, successful efforts by Kessler, Greenspan and other NFLPA attorneys have confined and constricted that latitude.

SI
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Re: Deflategate

Post by Doctor X »

You cannot make this bullshit up:
Report: NFL worried about footballs deflating in chilly Minnesota
Eric Edholm: Shutdown Corner

The NFL seemed to deny the scientific premise that footballs lose air pressure because of weather conditions when it waged its deflate-gate war against Tom Brady and the New England Patriots last season.

But with temperatures reaching sub-zero for the Seattle Seahawks-Minnesota Vikings playoff game, the league appears willing to suspend its disbelief on Sunday.

According to ESPN's Sal Paolantonio, officials at TCF Bank Stadium — where temperatures might not rise above 0 degrees for Sunday's wild-card game — are concerned that the game balls could deflate below the 12.5-PSI floor.


To combat this, they're apparently switching out footballs at halftime with ones that have been left in the toasty locker room. And the ones they're using to start the game were brought out into the elements only 20 minutes prior to kickoff.

But again, we thought the Ideal Gas Law didn't exist?

We're not going to pretend that last season's AFC championship game between the Patriots and Indianapolis Colts had anything close to the same conditions — kickoff temperature last Jan. 18 was a relatively balmy 51 degrees before dropping through the course of the night closer to freezing. But the point remains that the league, in essence, dismissed the effect of temperature change on footballs then during its attempted takedown of Brady et al yet appears to be very much acknowledging that phenomenon now.

The NFL bending reality to benefit its own agendas? You don't say ...
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--J.D.
Mob of the Mean: Free beanie, cattle-prod and Charley Fan Club!
"Doctor X is just treating you the way he treats everyone--as subhuman crap too dumb to breathe in after you breathe out." – Don
DocX: FTW. – sparks
"Doctor X wins again." – Pyrrho
"Never sorry to make a racist Fucktard cry." – His Humble MagNIfIcence
"It was the criticisms of Doc X, actually, that let me see more clearly how far the hypocrisy had gone." – clarsct
"I'd leave it up to Doctor X who has been a benevolent tyrant so far." – Grammatron
"Indeed you are a river to your people.
Shit. That's going to end up in your sig." – Pyrrho
"Try a twelve step program and accept Doctor X as your High Power." – asthmatic camel
"just like Doc X said." – gnome

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Re: Deflategate

Post by Doctor X »

It gets even better . . .
The Biggest Wildcard in Deflategate? Adrian Peterson.

Background from Your Humble MagNIfIcence: Goodell and NFL lost Peterson's appeal, which they are appealing. The Federal Appeals Court prides itself on issuing rulings within 90 days of oral arguments. This is about January 17th--long before oral arguments for Brady v. Gingerfag.

Both rely on cases from courts lower than the Federal Appeals level. In other words, the finding of one Federal Appeals Court is more influential to another Federal Appeals Court.


The timeliest of these matters is Deflategate, where Tom Brady’s lawyers have relied on the lower court’s holding in Peterson’s case. Because the appellate decision will almost certainly be released prior to oral argument in Deflategate, and because appeals decisions are more important precedent than decisions in lower courts, the Peterson appeal figures to have a large impact on Deflategate. Depending on the outcome, it could be favorable to either side.
After Judge Doty of the federal District Court of Minnesota vacated Peterson’s season long suspension in February 2015, the NFL appealed the decision to the Eighth Circuit Court of Appeals (which hears cases from Minnesota, Arkansas, Missouri, Iowa, Nebraska, North Dakota and South Dakota).
The issues on appeal in the Peterson appeal differ from Deflategate, but (at least in the NFLPA/Brady’s view) relate to how Deflategate should be decided. They include:

Whether Judge Doty accurately concluded that the NFL’s arbitration officer (Harold Henderson) exceeded his authority by considering whether the suspension Peterson received was consistent with the Personal Conuct Policy in effect at the time of his conduct (instead of just looking at whether the new policy was retroactively applied).

Whether Judge Doty accurately concluded that the NFL failed to provide Peterson with adequate noticethat he could be suspended for a season for this type of conduct.

How Does This Impact Deflategate

As an initial matter,it is important to note that a federal appeals court opinion is stronger legal precedent than a district court (trial level) opinion and any internal NFL appeal (such as Bountygate and Ray Rice). So when the three-judge panel reads the Peterson Eighth Circuit opinion – and they certainly will – they will rely on the Peterson opinion more than the other cases cited in the NFLPA brief.

This is why appealing the Peterson decision was very risky for the NFL. If they lose (and the majority of appellants do), they set a strong negative precedent for future cases, including Deflategate.

How this could help Brady: This gives Brady yet another – even stronger – precedent to rely on to show that Judge Berman correctly held that Brady did not have notice that he could be suspended for four games for being “generally aware” of the actions of others. Furthermore, this weakens the NFL’s argument that Goodell had wide sweeping power to suspend under the “conduct detrimental” standard.

How this could help the NFL: The NFL has more to gain by an unlikely win in Peterson. If the NFL wins (and this would depending on the reasoning of the Eighth Circuit), the decision would likely significantly undercut the NFLPA’s notice arguments and support the argument that Goodell’s “conduct detrimental” power extended to situations similar to this. Would this be a slam-dunk for the NFL in the Deflategate appeal? No. Keep in mind that Judge Berman vacated the suspension on multiple grounds including that the NFL improperly withheld witness testimony and documents. Moreover, Berman reserved judgment on numerous other issues, which could still be winning arguments if the case is remanded back to him. :Popcorn:

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"Doctor X is just treating you the way he treats everyone--as subhuman crap too dumb to breathe in after you breathe out." – Don
DocX: FTW. – sparks
"Doctor X wins again." – Pyrrho
"Never sorry to make a racist Fucktard cry." – His Humble MagNIfIcence
"It was the criticisms of Doc X, actually, that let me see more clearly how far the hypocrisy had gone." – clarsct
"I'd leave it up to Doctor X who has been a benevolent tyrant so far." – Grammatron
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Shit. That's going to end up in your sig." – Pyrrho
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Re: Deflategate

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One Year Anniversary

Good ol' Dan "I Thought They were Guilty Until I Read the Evidences--Thanks" Wetzel:
One year ago this week, an Indianapolis Colt named D'Qwell Jackson intercepted a Tom Brady pass in the AFC championship game.

The ball soon found its way into the hands of Brian Seabrooks, the Colts' assistant equipment manager, who was suspicious of its inflation level. He quickly had an intern measure it from the sideline (and in the approximately 48-degree temperature of Foxborough, Mass.). When it came in under the NFL minimum 12.5 pounds per square inch, everyone from Colts executives to officials and even an NFL vice president believed it was proof of blatant cheating.

The entire case worked backward from there, even if science says the psi level was probably exactly where it should naturally be and thus nothing unnatural, let alone nefarious, was occurring.

Science, of course, meant nothing in this case. At least not at the time.

What mattered was either the willful rejection or complete ignorance of it. No one in power that night in New England apparently knew what Ideal Gas Law was, let alone how it worked.

So deflate-gate was born.

One year later, Brady and the Patriots return to the AFC championship game on Sunday in Denver. Since that fateful moment an intern tested the football, Brady has gone 15-4 on the field and 1-0 in federal court. He has captured a Super Bowl and thrown 44 touchdowns against nine interceptions (with the NFL watching the footballs).

And despite the NFL stripping New England of a first-round pick, fining it $1 million and millions of fans still believing the story, you actually have to wonder if deflate-gate is finally dead … at least to anyone still paying attention. Namely, there appears to be a scientific consensus, if not unanimous opinion, that those footballs were never illegally deflated.

Most of the attention on the scandal has involved the circumstantial evidence, the leaking of false and prejudicial information, the invention of testimony, the federal court drama, the humor, the alibis, the excuses, the "deflator," New York tabloid headlines, the everything.

It's been wild, an all-time great media soap opera. It was easy to believe something happened. Yet early on scientists began arguing that the entire thing was really a misunderstanding of Ideal Gas Law. Bill Belichick even tried to explain it.

The problem at the time is the arguments were being made with false data supplied by the NFL (which vastly overstated the numbers) and no information on how it was collected or any surrounding circumstances. That allowed someone such as "Bill Nye the Science Guy" to counter Belichick's rudimentary defense in an analysis so shallow and unscientific it was comical (it was literally on "Funny or Die").

It was widely distributed, though, and most heard that and gave up on the science, tuning out howls from the Patriots.

The NFL brought in the group Exponent to handle its scientific analysis of the game balls. Exponent, of course, has been accused for decades for being hired by corporations to study and provide favorable finding on things such as the dangers of second-hand cigarette smoke, asbestos, possible automobile design flaws and even whether the Exxon Valdez needed a second hull. Exponent denies this and says its science is sound.

In this case, even Exponent acknowledged that it couldn't "determine with absolute certainty whether there was or was not tampering." That didn't matter to the NFL. Exponent couldn't rule out foul play, either.

[Scientist weigh in to destroy the Pasche-Well's Report and Exponent's flawed studies.--Ed.]

Then there were unaffiliated retired scientists, climate experts, professional labs, even the conservative think tank American Enterprise Institute, which crushed the science of Wells' report. A fourth-grader in Sacramento discredited it for her school science fair.
. . . .
The most damning rebuke is from Dr. John Leonard, one of numerous professors at MIT who have tackled this case. In a popular YouTube video, the Philadelphia Eagles fan doesn't just blast Exponent's conclusions but shows the flawed methodology that failed to account for how atmospheric pressure impacted the footballs that were measured at halftime. He basically calls them hacks, and when he fixes their mistake, he essentially closes the argument out. In the months-old video he asks Exponent to explain itself. To date, it hasn't. Apparently no one has disagreed with Leonard's findings.

"The Colts' balls were as much out of range as the Patriots' balls,"Leonard told a class on the deflate-gate at UNH, according to the Boston Globe. "It's pretty much an open-and-shut case, but somehow [commissioner Roger] Goodell never understood it, and still doesn't to this day."

What Goodell undoubtedly understands is that for regular people, science is confusing. And since special interests have politicized it on certain subjects, a lot of Americans are quick to reject it or doubt it, no matter how absurd doing so is. In this case, the problem with science is it required time, study and patience. Deflate-gate was about winning the news cycle.

1 Year After Deflategate Science Shows Shame of it All
--J.D.
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"Doctor X is just treating you the way he treats everyone--as subhuman crap too dumb to breathe in after you breathe out." – Don
DocX: FTW. – sparks
"Doctor X wins again." – Pyrrho
"Never sorry to make a racist Fucktard cry." – His Humble MagNIfIcence
"It was the criticisms of Doc X, actually, that let me see more clearly how far the hypocrisy had gone." – clarsct
"I'd leave it up to Doctor X who has been a benevolent tyrant so far." – Grammatron
"Indeed you are a river to your people.
Shit. That's going to end up in your sig." – Pyrrho
"Try a twelve step program and accept Doctor X as your High Power." – asthmatic camel
"just like Doc X said." – gnome

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