The Second Circuit’s focus Thursday on the destruction of Tom Brady’s cellphone prior to a hearing on the Deflategate scandal instead of on a lower court’s jurisdiction over league matters may spell trouble for the quarterback, attorneys said.
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Tom Brady’s four-game Deflategate suspension looks set to be restored after judges found “compelling if not overwhelming” evidence of ball tampering.
It seemed that Brady had won.
A decision is expected no later than early June, but it is not certain Brady’s four-game suspension would be reinstated immediately if the league succeeds on appeal.
Brady claimed that he destroyed the phone, as he always does with old cellphones, because of his high-profile.
But Judge Robert Katzmann said Goodell frequently faces “novel” situations like the deflated footballs. Parker said to Kessler that “anybody within 100 yards of this proceeding knew that would raise the stakes”.
Ben Volin, a Patriots beat writer for the Boston Globe, reported that it’s not looking good for Brady, whose fate will be determined by three judges. In September, U.S. District Court Judge Richard Berman ruled for Brady. He handed down a suspension, but Brady and the players’ union appealed against what they felt was a draconian punishment, and the ban was overturned in August.
The league’s image took a hit when it was beaten in court by Brady over the summer.
Foster, a four-time Pro Bowler, who was scheduled to make $6.5 million this season, was released on Thursday after a season in which he missed 12 games because of groin and Achilles tendon injuries.
Kessler told the 2nd U.S. Circuit Court of Appeals in NY that National Football League commissioner Roger Goodell did not have “blanket authority” to suspend players for equipment violations.
Replied Kessler: “I’m saying (Goodell) was out to protect the record”.
Of the three judges, Parker seemed most skeptical.
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But they seemed to answer that question themselves as they noted repeatedly that it may well be within Goodell’s authority to punish a player if he concludes that the player interfered with an investigation and thus engaged in conduct detrimental to the game. “Brady’s explanation of this made no sense whatsoever”. Their decision will not be known for several months and could affirm Berman’s decision, send it back to Berman’s court, back to an arbitrator or find for the league. Part of an appeal process is for the judges to re-examine and call into question all of the evidence and facts which led to the previous ruling, that way they can either dig deeper or eliminate certain discrepancies in the case. Clement said Goodell chose the penalty because purposely deflating footballs amounted to an effort to gain a competitive advantage.
