Post by patriotsk1d on Aug 7, 2015 20:16:31 GMT -5
After months of citing Ted Wells investigation as completely independent, the NFL has made sure to include Article 46 of the CBA in their court filing, that states the investigation does not have to be independent.
Why wouldn't they? It defeats an argument the other side would use.
It is a good idea from a legal standpoint. However how can they talk about integrity when for months they assured the Patriots and their fans that their investigation was completely independent and then they claim differently(and no they haven't claimed differently yet) when it comes down to the courts. That is flat out lying to the team and their fans, and I don't know anyone who can claim the league has any sense of integrity after that.
More likely than not this is a proactive move by the NFL in an attempt to deny in inevitable request by the NFLPA to require the NFL to release the emails between Wells and the league. With the way Judge Berman has handled this case so far there is very little doubt he would grant that request. However if they claim this isnt an independent investigation, and Ted Wells is a lawyer who works for the NFL then those emails would be protected by attorney client privilege and there is no way they would be released.
Goodell publicly touted the independence of the Wells Report on several occasions and it would be a complete joke for him to reverse his course now that this has got to arbitration.
Post by patriotsk1d on Aug 7, 2015 20:45:11 GMT -5
Some key points from the NFLPA's filing today:
1.Brady is the FIRST player ever disciplined under the Competitive Integrity Policy, which is designed only for Club personnel. 2.Brady cited three prior instances of "equipment tampering" where players and/or officials "were not investigated, let alone disciplined". 3.No player in NFL history has suspended before for tampering with game footballs or obstructing an investigation. 4.NFL VP Troy Vincent conceded at the hearing that Brady and other players "were never provided with the Competitive Integrity Policy"
I think they are simply covering all their bases. It's definitely something a Pats fan can wag his finger at, and it is hypocritical. But does this make the investigation and more or less independent than it was two weeks ago? No. It looks bad for the NFL, but it's an obvious thing to do.
It also reflects badly on Brady supporters. When people take it too far and say that the league is admitting that their investigation is a sham, they are picking and choosing which parts of the CBA are legitimate and which aren't.
So Judge Berman basically ripped on the NFL today, basically stating they had no direct evidence implicating Brady and barely anyone covers it...
He also ripped Brady by asking why two low-level employees would act independently and deflate footballs without Brady's knowledge stating "He's the one who throws the ball".
The judge poked holes into both stories and claimed he had enough to rule against either side so as to strike enough fear to force a settlement.
And the only way the NFL settles is if Brady admits guilt and accepts a reduced suspension. Most likely, Judge Berman is going to have to force it, and both sides are going to have to deal with it since the chances of overturning Berman's decision are slim to none.
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