Brady Wins

[IsntLifeFunny]

@IsntLifeFunny

Yes? I was exactly right with everything I said. I said they would not rule on the merits of the decision, I.E. whether he cheated or not. I said if they overturned the rulig it would be based on the CBA and if the NFL upheld their end of the contract during the investigation. The judge said they didn't and overturned the decision. 

[big2033]

I have no doubt Bray is guilty, if you think he isn't you arent looking at it objectively. All this does is hammer home the fact that Gooddell is terrible at his job

Honestly, I could care less about deflated footballs. It matters less than doctoring baseballs. He should've been warned, that's it. "Like, this is what we believe you're doing, stop it, we're watching." That's it, because they didn't know 100% who did what.

But they made a mountain out of a molehill.

The only people on their side is people wanting to see smug Brady burn. 

[IsntLifeFunny]

Honestly, I could care less about deflated footballs. It matters less than doctoring baseballs. He should've been warned, that's it. "Like, this is what we believe you're doing, stop it, we're watching. That's it, because they didn't know 100% who did what.

But they made a mountain out of a molehill.

The only people on their side is people wanting to see smug Brady burn. 

Bullshit. You're making this out like the judge invoked the 8th Amendment against cruel and unusual punishment. He didn't. He merely based his decision on contract law and found the NFL did not properly follow the CBA, therefore nullifying the punishment. You're making this out like he was cleared of any guilt when that simply isn't the case. 

[wtenn]

I predict Brady has a very average season playing with fully inflated footballs.

[Jamalisms]

 

 

U.S. District Judge Richard M. Berman said NFL commissioner Roger Goodell went too far in affirming punishment of the Super Bowl-winning quarterback, criticizing him for dispensing "his own brand of industrial justice."

That's the basis. While he's allowed to rule whatever he wants. He can't treat someone like a "criminal" without having a definitive crime or definitive rules in place that make something a crime.

The commish took a shot in the dark because he thought he was untouchable.

 

You quoted someone's opinion on the ruling.

The actual decision is "premised upon several significant legal deficiencies." Of the three primary ones cited in the ruling, none are the absence of a smoking gun. They are process related. I don't even think the judge (re)considers the evidence in these arbitration hearings.

[big2033]

Bullshit. You're making this out like the judge invoked the 8th Amendment against cruel and unusual punishment. He didn't. He merely based his decision on contract law and found the NFL did not properly follow the CBA, therefore nullifying the punishment. You're making this out like he was cleared of any guilt when that simply isn't the case. 

No, I'm making it like it was clear overreach. And it was.

U.S. District Judge Richard M. Berman said NFL commissioner Roger Goodell went too far in affirming punishment of the Super Bowl-winning quarterback, criticizing him for dispensing "his own brand of industrial justice."

People get too caught up on black and white in the NFL when there's a ton of grey. And Goodell has backed himself into a corner with his recent rulings. 

[big2033]

 

 

You quoted someone's opinion on the ruling.

The actual decision is "premised upon several significant legal deficiencies." Of the three primary ones cited in the ruling, none are the absence of a smoking gun. They are process related. I don't even think the judge (re)considers the evidence in these arbitration hearings.

"Brady also had no notice that his discipline would be the equivalent of the discipline imposed upon a player who used performance enhancing drugs,'' Berman said.

The judge also said Brady was denied equal access to investigative files, including witness interview notes, and didn't have a chance to examine one of two lead investigators, NFL executive vice president Jeff Pash.

In a statement, NFL Players Association executive director DeMaurice Smith said the ruling proves that the contract with the NFL doesn't grant Goodell "the authority to be unfair, arbitrary and misleading.''

"While the CBA grants the person who occupies the position of Commissioner the ability to judiciously and fairly exercise the designated power of that position, the union did not agree to attempts to unfairly, illegally exercise that power, contrary to what the NFL has repeatedly and wrongfully claimed," Smith said.

"We are happy for the victory of the rule of law for our players and our fans."

[big2033]

I predict Brady has a very average season playing with fully inflated footballs.

Like his second half vs. the Colts?

[pat]

Bullshit. You're making this out like the judge invoked the 8th Amendment against cruel and unusual punishment. He didn't. He merely based his decision on contract law and found the NFL did not properly follow the CBA, therefore nullifying the punishment. You're making this out like he was cleared of any guilt when that simply isn't the case. 

If the whole case against Brady was thrown out for being a pile of grandstanding baloney to what "guilt" are you referring?

Take your lumps buddy.

[Jamalisms]

 

"Brady also had no notice that his discipline would be the equivalent of the discipline imposed upon a player who used performance enhancing drugs,'' Berman said.

The judge also said Brady was denied equal access to investigative files, including witness interview notes, and didn't have a chance to examine one of two lead investigators, NFL executive vice president Jeff Pash.

In a statement, NFL Players Association executive director DeMaurice Smith said the ruling proves that the contract with the NFL doesn't grant Goodell "the authority to be unfair, arbitrary and misleading.''

"While the CBA grants the person who occupies the position of Commissioner the ability to judiciously and fairly exercise the designated power of that position, the union did not agree to attempts to unfairly, illegally exercise that power, contrary to what the NFL has repeatedly and wrongfully claimed," Smith said.

"We are happy for the victory of the rule of law for our players and our fans."

No notification and access to files are process. They aren't about a smoking gun. A smoking gun is irrelevant. That's evidence. The ruling was about process.

The rest is, again, an opinion... and one from the NFLPA, no less.

[IsntLifeFunny]

If the whole case against Brady was thrown out for being a pile of grandstanding baloney to what "guilt" are you referring?
Take your lumps buddy.

You don't seem to understand the difference between being cleared of guilt versus being cleared due to the process used not being regarded as defensible in court. There's a big difference. 

[Legaltitan]

Yep. I also think the criminal justice system in general is focused on the wrong thing... and that it's often detrimental. I can also appreciate the desire for uniformity and predictability, so even though it's clear that criminals 'getting away with it' is a terrible outcome, that doesn't mean there is a universally better answer. It also doesn't mean their deeds deserve to go without consequence.

There is a difference between equity and justice.

Dude, ima have to call you out here.  This post contains a lot of platitudes, smart sounding words and complex phrases, but is utterly devoid of meaning. 

[Jonboy]

For those who have been following the NFL much longer than I have, has there ever been a commissioner with as many blemishes on his record? I mean, I'm honestly surprised he's kept his job this long. So many controversies with him at the center of so many of them.

[Jamalisms]

Dude, ima have to call you out here.  This post contains a lot of platitudes, smart sounding words and complex phrases, but is utterly devoid of meaning. 

You can call all you want but you've got the wrong number. Feel free to ask questions seeking clarity.

[big2033]

No notification and access to files are process. They aren't about a smoking gun. A smoking gun is irrelevant. That's evidence. The ruling was about process.

The rest is, again, an opinion... and one from the NFLPA, no less.

You're focused on wanting him to be guilty. I'm telling you guilt never mattered to me. Right and wrong matter. Doing things right and doing things wrong. And in this case the NFL was wrong. I don't know if Brady was right or wrong.

It was overreach, and the ruling points that out and proves it. So, let's get technical:

This is directly from the transcript:

 "principal question for the reviewing court is whether the arbitrator's award draws its essence from the collective bargaining agreement, since the arbitrator is not free to merely dispense his own brand of industrial justice." 

"The Court finds that Brady had no notice that he could receive a four-game suspension for general awareness of ball deflation by others or participation in any scheme to deflate footballs, and non-cooperation with the ensuing Investigation. Brady also had no notice that his discipline would be the equivalent of the discipline imposed upon a player who used performance enhancing drugs. During the August 19, 2015 oral argument, it became apparent that no specific determination was made either in the Vincent's Disciplinary Decision Letter or the Goodell Award as to what portion of Brady's discipline was attributable to alleged ball tampering and what discipline was attributable to non-cooperation (and, for that matter, what discipline was attributable to the destruction of Brady's phone):

Q [Court]: "So which of the four games [suspension] is attributable to ball tampering, and which is attributable to failure to cooperate?"

A [Nash]:  "Well, the Award doesn't specify, and I don't believe there's any requirement in the CBA to break it down that way. I think the Commissioner makes a judgment, and he says this in the Award, he says taking the record as a whole, considering all of the factors, he determined that a four-game suspension was the appropriate sanction." 

OVERREACH. He thought he could pull suspensions out of thin air for what he believed. It doesn't work that way. If you're going to rule in this way, you better have definitive rules. You can't do whatever you want.