Quote:Pats fans are apparently very happy with this decision; because we all know that this is going to end up in court.
http://www.patsfans.com/new-england-patr...n.1121619/
What happens in the event that a judge rules in favor of Brady, but Goodell still doesn't overturn the suspension?
Ratings continue to rise.
It's good to be the king.
Quote:Do Brady and Goodell not realize messages etc aren't solely stored on the device itself?
Without a court ordered warrant, no phone company would willingly give over private messages. So basically, yes, messages aren't stored solely on a device, but Goodell doesn't have the "jurisdiction" to get those private messages, which is why he needed cooperation from the accused.
Quote:Without a court ordered warrant, no phone company would willingly give over private messages. So basically, yes, messages aren't stored solely on a device, but Goodell doesn't have the "jurisdiction" to get those private messages, which is why he needed cooperation from the accused.
If this circus ends up in court, this may actually happen.
But another caveat... I was jurist in a criminal (murder) trial where even the forensics couldn't produce a picture that all parties admitted to have existed. So, yes, inexplicable things can and do happen even if such information is supposed to be stored/retained "somewhere."
Brady would be stupid to bring this to court.
Brady to judge I destroyed the evidence.
Judge to Brady people usually do time for messing with evidence in my courts.
Brady to judge UHHHHH i'd like to go home now.
Quote:but what if we still lose?
Then at least Tom Brady doesn't move to 6-0 on us.
Quote:Pats fans are apparently very happy with this decision; because we all know that this is going to end up in court.
http://www.patsfans.com/new-england-patr...n.1121619/
What happens in the event that a judge rules in favor of Brady, but Goodell still doesn't overturn the suspension?
The initial court hearing will be regarding the process of the suspension, not the facts of the case, per se. If a federal judge orders Goodell to modify the suspension, etc., he has no option other than comply - or be in contempt of court. (such as the Adrian Peterson case.)
The real question is can Brady get an injunction which would put the penalties on hold until the case can be heard - and how quickly can he get it put into effect.
Quote:The initial court hearing will be regarding the process of the suspension, not the facts of the case, per se. If a federal judge orders Goodell to modify the suspension, etc., he has no option other than comply - or be in contempt of court. (such as the Adrian Peterson case.)
The real question is can Brady get an injunction which would put the penalties on hold until the case can be heard - and how quickly can he get it put into effect.
Suppose he does get an injunction, the case is heard week 14 and the suspension upheld. That would be interesting!
Quote:The initial court hearing will be regarding the process of the suspension, not the facts of the case, per se. If a federal judge orders Goodell to modify the suspension, etc., he has no option other than comply - or be in contempt of court. (such as the Adrian Peterson case.)
The real question is can Brady get an injunction which would put the penalties on hold until the case can be heard - and how quickly can he get it put into effect.
That's the question. Is it even feasible to get anything done to allow him to play In less than 2 months? At that point his suspension is over and the case is pointless.
Not to mention that a lot of people still think he was suspended be of the balls and fail to realize the suspension is for failure to cooperate, NFLPA violation, and well within the reasonable suspension for such offense. A real court will uphold that as well
Quote:How often over the last few years have we made a backup QB look like an All-Pro? If Cousins or Whitehurst can light us up, why couldn't Garoppolo? Winning in New England will be tough no matter who is playing QB.
But it's a hell of a lot tougher with one of the greatest QB's of all time as opposed to a second year guy with minimal experience.
I just read the 20 page ruling of the appeal from Roger's office. Brady deserves the penalties. He was caught.
The problem is that Pats have that big opening night game.. maybe Brady will ask to play vs Steelers and sit against Bills and Jags.. NBC would like it since it's their game on opening night..
Destroying evidence? This likely means Tom is covering for Belichick. Think about it - if Wells had all the texts from Brady to the ball boys, and those were the only texts regarding deflation, why would Brady destroy the phone before being interviewed on March 6? Because he's hiding incriminating texts to OTHERS, likely Belichick and/or Kraft. They are probably the ones who ordered the phone destroyed, to protect themselves.
Quote:Destroying evidence? This likely means Tom is covering for Belichick. Think about it - if Wells had all the texts from Brady to the ball boys, and those were the only texts regarding deflation, why would Brady destroy the phone before being interviewed on March 6? Because he's hiding incriminating texts to OTHERS, likely Belichick and/or Kraft. They are probably the ones who ordered the phone destroyed, to protect themselves.
That's just silly. If there was any real thought that they had something to do with it the wells people wouldn't have gone out of their way to state that they not any high ranking official in the pats organization had any knowledge.
Second, i don't care what exponent or anyone else says. You have millions and millions of dollars and hundreds of pages of reports and no one has told me why on earth when the first Colts ball measured averaged below league specifications on both gauges THEY STOPPED MEASURING FOOTBALLS!. Goodell nor the league has done anything about the fact that by the wells reports own admission, the referees over inflated the patriots footballs above the 13.5 threshold and its alleged that during a game with the jets that the balls were 2 pounds or more over. That's a violation of the same rules. Are those refs being suspended?
And for the record, they have the cell phones of the two attendants. If there was any electronic communication between brady and those two it would have been on one of their phones. This is a political witch hunt plain and simple. And it should be noted, the NFL and Rodger Goodell through their preemptive actions deciding the venue for this hearing in Manhattan and the seating of Goodell himself hearing the appeal have been more proactive in confirming this suspension than in any prior engagement be it ray rice, greg hardy or the like.
Quote:Jags will steamroll the Pats no matter who is at QB.
This belongs in the "Bold Statement" thread.
I'm accused of doing something really naughty, and it could cost me millions of dollars, and all I have to do is hand someone my phone to make it go away?
Chuckling at the Brady apologists. If he'd just owned up, he wouldn't have had to sit a game. He's sitting for the coverup, not his skullduggery.
The way our defense has been improving, I'd love to have watched him planted, though.
I don't see a judge issuing an injunction.
The Federal Courts have no interest in defining what is considered cheating or the threshold in regards to the burden of proof in that matter for a private organization.
I think if it went before a judge, he would just review it enough to determine if the league did their due diligence in investigating the matter and let them stand by their decision.
There are no expert witnesses who need to prepare or special investigations involved in this, so there is no need for the court to enter an injunction for extra time.
Brady is just going to have to grin and bear it.
Quote:If there was any real thought that they had something to do with it the wells people wouldn't have gone out of their way to state that they not any high ranking official in the pats organization had any knowledge.
They had no EVIDENCE that any higher-ups had knowledge. The evidence was likely on Brady's phone.
I can see a judge issuing an injunction for a couple of reasons.
let's start with the premise that everything ted wells and the nfl says is true.
1.) The last person to not turn over their cell phone in a similar investigation was brett favre. He was being investigated for SEXUAL MISCONDUCT! When he didn't turn over his cell phone he was fined a wopping 50k.
2.) there have been teams and personnel caught violating the same rule when expressly warned by the league not to put balls in front of heaters during cold games. Same rule, and the average fine I believe is 25k.
even if the league is proven beyond a shadow of a doubt to have taken due diligence in assessing wrong doing and collusion to subvert the investigation, the previous fines for each were nothing compared to the smack down that Brady received. In the eyes of a Judge they aren't going to count Brady as a second offender because of the previous actions of his coach.
Now, lets look procedurally.
1.) There is no written record of the pre-game air pressure of the footballs. That alone would probably negate a judge issuing a warrant for phone records and the like in real litigation.
2.) The most compelling piece of information in the PR campaign going on is the fact that brady DESTROYED his cell phone. a.) The NFL had full access to the electronic devices of the alleged co conspirators. Its possible that a judge may rule it unreasonable to then ask for the electronic device of the most public figure of the bunch. b.) If Brady shows, and it should be easy to do, that he does indeed change phones every few months to avoid invasions to his privacy it will show him sincere in his concern about privacy and give a credible reason why the cell phone was disposed of.
3.) By the NFLs own records kept, OFFICIALS DON'T KNOW HOW TO WORK AN AIR GAUGE! After the AFC championship Game there were footballs inflated above the high end of the playing scale. This is an inherent violation of the same playing rules that Brady is accused of and in some way the officials should have been censured. There is documented evidence in the texts between the two alleged co conspirators that in one instance game balls were inflated 2.5 PSI over the legal limit and the NFL didn't do anything about it. Couple that with the fact that in the recent weeks the NFL has basically ADMITTED that they didn't have any real protocols in place to police air pressure DURING A FOOTBALL GAME or established rules for what would happen in the event of tampering and I can see my way to an injunction.
4.) It can be argued that Tom didn't receive Substantive Due Process in his appeal because Rodger Goodell was involved in both authorizing the original punishment and presided over the appeal against the strong objections of the NFL PA!
Last but not least, buried in the News reports under the weight of DESTROYED CELL PHONE Rodger Goodell Admitted that during the AFC Championship game the patriots initiated a new system for game day ball prep. They used to use a certain conditioner on the balls. Now, they abandoned said conditioner and went to a system utilizing more GLOVING of the ball. Gloving refers to more rubbing of the ball with gloves on creating friction and texture. EXPONENT ADMITTED as BELICHECK STATED IN HIS PRESSER, this can artificially raise the PSI in a football up to a pound. We're talking about less than half a pound of air that they are being accused of taking out. An impartial judge will look at this and it will seem pretty plausible that no tampering occurred.
Now Brady's agent says they turned over TWO phones, which Brady used from spring 2014 to November 2014. So the question is, why turn over 2 phones from BEFORE the alleged incident, then destroy the phone he used DURING and AFTER the incident? The answer is rather obvious.
It's like the cops raid your house, and you say, "Sure, check the pantry and hall closet all you want, BUT I JUST BOMBED THE ATTIC, good luck finding evidence there."
Also, where did Tom get the 2 phones? He testified earlier that, like many famous people, he has his phones DESTROYED when he gets a new one. So Tom is caught in ANOTHER lie.