The latest episode in the long-running DeflateGate saga unfolded Thursday, and in keeping with the pendulum swings between Tom Brady and the National Football League, the Patriots’ quarterback may have gotten the worst of it in a hearing before the 2nd U.S. Circuit Court of Appeals in Manhattan.
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Players’ union lawyer Jeffrey Kessler was attacked by three judges at an appeals hearing today – and it looks increasingly likely that Brady’s ban will be reinstated.
A federal appeals court is mulling the NFL’s four-game suspension of Patriots quarterback Tom Brady over Deflategate.
While many have previously described Judge Richard Berman, the man who shelved Brady’s original suspension, as “star struck” in the presence of the quarterback, the three judges that presided on Thursday were anything but deferential.
“Deflated balls are closer to stickum than steroids”, Katzmann said in reference to asking why Brady’s punishment was harsher than punishment given out to players who used the substance previously. He considers Trump a “good friend” and said that he supports “all my friends in everything they do” when he was asked about him in December.
Parker suggested the notion that Roger Goodell had a personal vendetta against “one of the most celebrated players in the game” was preposterous.
Parker on Brady destroying his cell phone: “With all due respect to Mr. Brady, his explanation made no sense whatsoever”. The three-judge panel was also critical of the NFL’s handling of the case and a ruling might not come for several months.
The NFL filed an appeal, which was shelved through the season, as Brady did not miss a game. Much of the focus in this hearing was on Brady’s cell phone, and whether or not Brady’s actions fit the bill of “conduct detrimental”.
The league, from the beginning, has leaned on the collective bargaining agreement signed by the NFLPA in 2011 as its chief justification for Goodell imposing a four-game suspension. The judges questioned why they should “second-guess” Brady’s punishment given the usual deference to an arbitrator, in this case Goodell.
Chin took issue with Kessler’s argument that the Uniform and Equipment Policy applies to game balls and should have constituted only a fine for Brady.
Wallach and other legal experts also like the NFL’s chances of winning on appeal because of the wide berth the courts give to the arbitration process.
Chin immediately went after Kessler just as he was attempting to begin his argument.
Parker pointed out to Clement that the CBA essentially makes Goodell “the judge, the juror and, execution is not the right word, but the enforcer”.
Thursday didn’t seem to go well for Brady, but, as with any court case, this ruling could go either way. Berman made his decision based on procedure, not evidence. “I think he could have”, Clement answered.
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Brady said he always destroys phones when he gets a new one for security purposes.
