Latest On Tom Brady’s Appeal, DeflateGate
The NFL Players Association has officially published the appeal letter it sent to the NFL on behalf of Tom Brady, making it available through the union’s website. Within the letter, the NFLPA argues that the league violated the CBA by allowing league executive Troy Vincent to hand a four-game suspension to Brady, since he is not authorized to impose discipline. The union added that it plans to call Vincent and commissioner Roger Goodell as witnesses for its appeal, which means – according to the NFLPA – the case should be arbitrated by someone without close ties to the NFL.
As we prepare for the next stage of this contentious process, let’s round up the latest items on DeflateGate and Brady’s appeal….
- Goodell will likely interview suspended Patriots employees John Jastremski and Jim McNally as witnesses for Brady’s appeal, per Ed Werder of ESPN.com (via Twitter).
- After Ted Wells was given a blank check and no deadline for his DeflateGate report by Goodell and the league, it will be difficult for the commissioner to disregard that report and conclude that its conclusions are inaccurate, writes Mike Florio of Pro Football Talk. Florio points out that Goodell may have appointed himself as the arbitrator in this case because it avoids putting the league in a position where another arbitrator “overturns or undermines” the Wells report, embarrassing the NFL.
- Speaking of Wells, his statements to Bart Hubbuch of the New York Post (Twitter links) about the timeline of his investigation contradict information in the report itself, as Florio explains in a separate PFT piece.
- Goodell’s decision to hear Brady’s appeal himself “virtually assures” that it will wind up as a court case, tweets Jason La Canfora of CBSSports.com. Florio tweets that a lawsuit will likely be filed soon in an effort to get Goodell to step aside as arbitrator.
- Ben Volin of the Boston Globe breaks down the Patriots’ rebuttal to the Wells report, writing that it makes some good points but falls short in answering a few crucial questions.
Roger Goodell To Hear Tom Brady’s Appeal
9:32pm: The NFL has released a statement confirming that Goodell will hear the appeal, as Mike Garafolo of FOX Sports tweets. The statement indicates that NFL executive vice president Troy Vincent was the one who determined the punishment with Goodell being the one to “authorize” it.
9:15pm: Commissioner Roger Goodell will hear Tom Brady‘s appeal, according to Mike Freeman of Bleacher Report (on Twitter). Earlier today, the NFLPA formally filed its appeal on behalf of Brady and asked for a neutral arbitrator to preside over the case. Needless to say, this isn’t exactly what they had in mind.
The collective bargaining agreement, signed in 2011, allows the league’s commissioner to oversee appeals. Goodell could have vacated that position, but he will invoke his right to rule on the appeal.
Brady has armed himself with a top notch legal team that includes labor attorney Jeffrey Kessler, who recently represented Adrian Peterson in his suspension appeal. The Patriots, meanwhile, also seem ready to go to war with the league office. The franchise’s legal counsel published a rebuttal to the Wells report earlier today that is nearly 20,000 words long.
Patriots Notes: DeflateGate, Goodell, Kraft
Two NFL owners tell Jason Cole of Bleacher Report (video link) that they strongly support the punishments handed down by Roger Goodell to the Patriots, stating that he acted to uphold the integrity of the game. Cowboys owner Jerry Jones has also come out in support of Goodell. All in all, Cole estimates that Goodell’s support has increased in the aftermath of DeflateGate, not down as many predicted. More on the Patriots..
- As Jason La Canfora of CBSSports.com talks with more people in the game about how much a mildly deflated football really matters, he’s getting the sense that DeflateGate will go down as one of the more overblown scandals in NFL history. The lengths that the investigation has gone to, in terms of time, money, and resources, are staggering to many. People are also questioning the level of scientific proof presented in the report.
- Patriots owner Robert Kraft is taking his DeflateGate battle against the NFL to absurd new levels, Ralph Vacchiano of the New York Daily News opines. Kraft is loudly defiant that his organization isn’t guilty of what they’re accused of, but the Pats have already admitted to cheating once before. Vacchiano also pokes fun at the notion that Jim McNally, the Pats employee that supposedly deflated footballs for Tom Brady, called himself “The Deflator” because he was trying to lose weight.
- The few passages of believability were overshadowed by mountains of nonsense, including the McNally excuse, Manish Mehta of the Daily News writes. Mehta also found it strange that the Pats went to great lengths to defend John Jastremski and McNally one week after indefinitely suspending them.
NFLPA Appeals Tom Brady’s Suspension
The NFL Players Association has formally filed its appeal on behalf of Tom Brady, in an effort to reduce or eliminate the quarterback’s four-game suspension, the union announced today. The NFLPA’s statement includes a request for a neutral arbitrator, citing the NFL’s “history of inconsistency and arbitrary decisions in disciplinary matters.”
“If Ted Wells and the NFL believe, as their public comments stated, that the evidence in their report is ‘direct’ and ‘inculpatory,’ then they should be confident enough to present their case before someone who is truly independent,” the statement reads.
There was previously some question over whether Brady would enlist the help of the NFLPA in his battle, but it appears that the two sides have joined forces and they’re apparently willing to make things messy. Brady has had a rocky relationship with the union ever since he was listed as the named plaintiff in the lawsuit against the NFL during the 2011 lockout. The quarterback is pulling out all stops as he has also hired Jeffrey Kessler, the attorney whose legal action helped create free agency in the NFL.
Brady’s agent Don Yee went on the offensive and heavily criticized the findings of Wells’ report earlier this week, but Wells fired back the next day against what he felt was an attack on his impartiality. All things considered, it sounds like things could get ugly between Brady’s side and the league office.
Zach Links contributed to this post.
Patriots’ Counsel Rebuts Wells Report
While Patriots owner Robert Kraft initially suggested that fighting the league on its findings and its decision regarding DeflateGate would be a fruitless endeavor, it appears that the organization has elected to respond to Ted Wells’ report after all. It’s not clear yet whether Kraft will be formally fighting the penalties levied against the Pats by the league, but the franchise’s legal counsel published a rebuttal to the Wells Report today that is nearly 20,000 words long.
The response to the Wells Report, which claims to put the league’s investigation into context, suggests that no communication between Patriots’ employees refers to deflating footballs below regulation levels and no evidence that Tom Brady would have known about such activities (or preferred his footballs deflated below regulation levels).
The Pats’ report questions Ted Wells’ and the league’s objectivity, referee Walt Anderson’s actions, and Wells’ dismissal of a scientific explanation for the footballs’ low PSI readings in the AFC championship game. The report also, dubiously, claims that text messages referring to Pats employee Jim McNally as “the deflator” were actually referencing McNally’s attempts to lose weight.
While this report on its own won’t make the NFL reconsider its punishment for the Pats, the information and arguments within it figure to come up frequently during the NFLPA’s appeal of Brady’s suspension, and again if the franchise decides to fight its own penalties (lost draft picks and a $1MM fine).
East Notes: Bills, Pats, Cowboys
The NFL may be a passing league, but Bills coach Rex Ryan is happy to buck convention with his signing of fullback John Conner, Vic Carucci of The Buffalo News writes.
“A lot of teams don’t even have a fullback, and we’ve got two of them,” Ryan said Wednesday, after the team announced it had signed Conner as a free agent. “Two of the best fullbacks in the league are on our football team. So I think that may tell you a little bit about the type of style of football that we want to play.”
For his part, Conner acknowledges that making a team as a backup fullback won’t be easy, but he feels his kick-coverage prowess gives him a good chance. More from the AFC and NFC East..
- The research firm hired by the NFL in the Patriots’ DeflateGate investigation has a history of conflict-of-interest allegations, Mark Daniels of The Providence Journal writes. In the Wells report, Exponent shut down the notion that weather could have been the sole reason for the low inflation levels of the Patriots’ game balls. In the past, the company has been accused of of being a hired gun that skews its findings to suit big-business clients. In 2010, Exponent was widely criticized for finding that second-hand smoke does not cause cancer. In 2009, the firm found that Chevron’s dumping of toxic chemicals in Ecuador did not cause cancer and the study did not disclose that a member of Chevron’s board of directors was also the single largest shareholder in Exponent.
- Earlier today, Cowboys owner Jerry Jones said that addressing Brandon Carr‘s contract is a priority for him. The cornerback, meanwhile, says he wants to stay put in Dallas, David Moore of The Dallas Morning News writes. “I’m a Cowboy. I love being a Cowboy. As long as I’m in this building I’m going to give it my all. I love playing the game of football,” Carr said. Carr is in the middle of a five-year, $50MM contract and has previously refused to accept a salary cut.
- Despite losing DeMarco Murray, Jones says the Cowboys have a better run game than they did last year, Jon Machota of The Dallas Morning News writes. As it stands, Dallas is prepared to enter the season with a running back stable of Darren McFadden, Joseph Randle, Lance Dunbar, and Ryan Williams. The Cowboys haven’t closed the door on adding another running back, but it also sounds like they’re content to roll with what they have.
- WEEI.com’s John Tomase wonders if the Patriots are hurting their brand by challenging the NFL.
Latest On Brady, Kraft, Patriots
Tom Brady and his camp have until 11:00pm CT on Thursday to officially file an appeal in response to his four-game suspension, and we have a handful of updates on that appeal process in the space below. Here’s the latest on Brady and DeflateGate:
- As one Tuesday report outlined, there was some uncertainty about whether Brady and agent Don Yee would involve the NFLPA in their appeal of the quarterback’s four-game ban, but Ed Werder of ESPN.com tweets that Brady’s camp has finally involved the union in the process. The Players Association is expected to take the lead in Brady’s appeal, says Werder.
- As Barry Wilner of The Associated Press outlines, labor attorney Jeffrey Kessler, who recently represented Adrian Peterson in his suspension appeal, will aid the NFLPA in Brady’s appeal.
- The NFLPA has already drafted Brady’s appeal letter, but it’s still going through the union’s process and will likely be formally filed tomorrow, tweets Albert Breer of the NFL Network.
- At least one source tells ESPN’s Adam Schefter that he thinks Brady’s “talented, big-name lawyers,” including Kessler, will get the penalty overturned and that the quarterback won’t miss a game. Schefter conveyed that source’s message on The Herd With Colin Cowherd” today, and also suggested that the Patriots are “angry” about the penalties handed down by the NFL (including lost draft picks and a $1MM fine), since the organization doesn’t feel as if it did anything wrong. Doug Kyed of NESN.com has the details, along with quotes from Schefter.
- Jason La Canfora of CBSSports.com agrees with Schefter’s assessment of the Pats’ reaction to the NFL’s decision, writing that the team is “fuming.” Although owner Robert Kraft and the franchise hadn’t initially been planning to fight the discipline handed down by the league, the overall scope of that discipline “was unlike anything they expected,” a source tells La Canfora. Per La Canfora, Kraft and his team may challenge the NFL’s ruling, but that’s probably still a long shot at this point.
- Multiple sources tell Jason Cole of Bleacher Report (video link) that Kraft is “strongly considering” filing a lawsuit against the NFL over the ruling. However, according to Cole, many of those same sources are trying to discourage the Pats owner from doing so, since they believe it will be a “fruitless endeavor.”
Free Agent Notes: Arrington, Conner, Davis
It’s not clear if the Browns or Falcons put in a waiver claim for D.J. Swearinger, but both clubs had interest in landing the former Texans safety before he was claimed by the Buccaneers yesterday, Adam Schefter of ESPN.com tweets. One team that did put in a claim was the Jets, a source tells Manish Mehta of the New York Daily News (Twitter link). None of those clubs could get to Swearinger, however, as Tampa Bay had the No. 1 waiver priority and used it.
While Swearinger didn’t make it to the open market, we have a few updates on players who are currently free agents, or who recently signed contracts with new teams:
- As the Ravens explore the possibility of adding a cornerback, recently released ex-Patriot Kyle Arrington is “clearly” their top target, writes Jamison Hensley of ESPN.com. Jordan Raanan of NJ.com (Twitter link) agrees that the Ravens are in the mix for Arrington, adding that the Panthers are another team to watch.
- Having already signed Jerome Felton this offseason, the Bills shouldn’t necessarily be in the market for another fullback, but the team is hosting John Conner for a visit today, according to a report from Draft Diamonds. Conner has had multiple stints with the Jets under Rex Ryan, who is fond of his blocking ability and would consider adding “The Terminator” to the roster as a complement to Felton.
- Tight end Fred Davis, who was a free agent – and serving a suspension – for over a year before signing with the Patriots this week, received a $20K workout bonus and $60K in per-game roster bonuses on his one-year, minimum salary deal, tweets Field Yates of ESPN.com. Davis’ contract doesn’t include any guaranteed money.
- As NFL communications rep Randall Liu notes (on Twitter), unrestricted free agents who didn’t receive contract tenders from their former clubs are now free to sign with new teams without having an impact on that team’s compensatory draft pick formula. The NFL moved up this cutoff date from June 1 to May 12 this year, allowing unsigned players a better opportunity to find new homes earlier in the spring.
AFC East Notes: Brady, Pats, Dolphins
Here’s a quick look at the Patriots and Dolphins…
Minor Moves: Tuesday Night
We rounded up some minor transactions earlier today, and we have a new group here for Tuesday night..
- The Patriots have signed linebacker Dekoda Watson, according to Aaron Wilson of the National Football Post (on Twitter). Watson was let go by the Cowboys just days ago. Watson has spent time with the Bucs, Jaguars, and Cowboys over the course of his career and played in 70 games.
- The Broncos claimed receiver/return man Solomon Patton off waivers from the Bucs, Troy Renck of The Denver Post tweets. The Broncos also claimed Jags tight end Marcel Jensen earlier today.
- The Lions released UDFA running back Rasheed Williams, Tim Twentyman of DetroitLions.com tweets.
- The Seahawks signed linebacker Tyrell Adams and fullback Brandon Cottom, according to Bob Condotta of The Seattle Times (on Twitter). To make room, Seattle waived lineman Nate Isles and terminated the contract of lineman C.J. Davis. Adams and Cottom were each tryout players at Seahawks’ rookie mini-camp over the weekend.
- Safety Thomas Gordon, waived by the Giants yesterday, cleared waivers and is now on their reserve/injured list, Ralph Vacchiano of the New York Daily News tweets.
- Wide receiver Austin Hill, who did not pass a physical to sign with Seahawks, was signed today by the Raiders, according to Bob Condotta of The Seattle Times (on Twitter). To make room, the Raiders waived fellow wide receiver Milton Williams, a Delaware State product, as Scott Bair of CSNBayArea.com tweets.