Latest On Tom Brady’s Appeal
As I detailed this morning, Tom Brady‘s appeal hearing finally got underway today, with Roger Goodell acting as arbitrator while Brady and the NFLPA make the case for the quarterback’s suspension to be reduced or removed. A handful of updates have trickled out in the hours since then, so let’s check in on the latest….
- After ten hours, Brady hearing has drawn to a close, as Ian Rapoport of NFL.com tweets. No further hearings are scheduled.
- Brady’s appeal is ongoing and Ben Volin of The Boston Globe (on Twitter) guesses that both sides want to wrap things up today rather than have it drag into Thursday.
- The NFLPA called upon Troy Vincent, Ted Wells, and a scientific expert as witnesses, Tom Pelissero of USA Today Sports tweets.
- Schefter clarifies his earlier report (outlined below), noting that a June 15 letter from Levy referenced a four-hour time limit for Brady’s defense team. However, in a June 22 letter, Levy added that if “good cause” was shown, he’d grant up to one additional hour for the defense. In a tweet, Schefter provides a copy of that June 15 letter.
- According to Ben Volin of the Boston Globe (via Twitter), the NFL will get about two hours to give its own testimony, with today’s proceedings expected to end around 5:30pm eastern time.
Earlier updates:
- Brady is testifying under oath during today’s session, a source tells Adam Schefter of ESPN.com (Twitter link). That’s the sort of thing you generally hear in actual court cases, but as former Packers executive Andrew Brandt notes (via Twitter), Goodell – as the arbitrator – sets the rules for the hearing, and Ray Rice‘s appeal also featured sworn testimony.
- Patriots owner Robert Kraft was unable to testify on behalf of Brady over the phone, tweets Ian Rapoport of NFL.com. Instead, per Schefter (Twitter link), Kraft wrote an affidavit to be introduced during the appeal, supporting Brady’s character.
- According to Schefter (via Twitter), Brady’s defense team was given four hours today to present its case, and the hearing is expected to wrap up today rather than continuing on Thursday. NFL spokesman Greg Aiello countered Schefter’s report, tweeting that there’s no strict four-hour time limit for Brady’s team, and their presentation is expected to go longer than that.
- Alongside Goodell, CBA expert and outside counsel Gregg Levy is heavily involved in overseeing Brady’s hearing, tweets Rapoport.
Tom Brady Appeal Hearing Gets Underway
The long-anticipated appeal hearing for Tom Brady‘s suspension gets underway this morning. Brady, commissioner Roger Goodell, and several other key players from the NFL and NFLPA arrived today in advance of the session, which was scheduled to begin at 9:30am eastern time.
Brady and the NFLPA will make the case that the quarterback’s four-game suspension should be reduced or eliminated altogether. However, as a league source tells Ian Rapoport of NFL.com (Twitter link), if Brady says the same thing during his appeal hearing that he did to DeflateGate investigator Ted Wells, his ban won’t change.
Goodell, who appointed himself the arbitrator for the hearing, turned down an NFLPA request to recuse himself, in part because he wants to look Brady in the eye, as he put it. Of course, the former MVP’s comments won’t be the only factor in the union’s case — witnesses central to the AEI report that criticized the Wells report are expected to speak on behalf of the NFLPA.
Still, whereas the AEI report questioned the Wells report’s findings, Brady will have to prove his innocence to get his penalty reduced, tweets Albert Breer of the NFL Network. As Tom Pelissero of USA Today observes (via Twitter), the key question for Brady will be whether he can explain the 57-minute conversation he had on the phone with Pats employee John Jastremski after the initial story broke following the AFC Championship game.
Although the appeal hearing is beginning today, there’s no guarantee it will last just one day, and even if it wraps up by this evening, a decision won’t come immediately. For comparison’s sake, Greg Hardy‘s appeal hearing for his 10-game suspension took place in late May, and arbitrator Harold Henderson has yet to announce his ruling, several weeks later.
Additionally, if Brady and the NFLPA don’t agree with the outcome of this appeal, it’s very possible – perhaps even likely – that they file a lawsuit and take the case to court, challenging Goodell’s involvement in the process. With about two and a half months until the regular season gets underway, the saga could conceivably stretch through the rest of the offseason.
North Notes: Lions, Flacco, A. Brown
Special teams standout Brad Smith, who has played all over the field in his NFL career, will pay a visit to the Lions on Tuesday, reports Dave Birkett of the Detroit Free Press. While Smith has seen time at quarterback, running back, and wide receiver during his NFL career, and was a very productive kick returner a few years ago, his primary contributions at this point in his career will come in kick and punt coverage.
Meanwhile, a Lions free agent, defensive tackle C.J. Mosley, is visiting an unknown team today, per Birkett. There were conflicting reports last week on whether Detroit has interest in re-signing Mosley, and Birkett notes that while the Lions have engaged with the defensive lineman about a possible return, no agreement is imminent.
Here’s more from out of the NFL’s two North divisions:
- Ravens quarterback Joe Flacco would like to play in the NFL until he’s at least 40 years old, as he tells Jamison Hensley of ESPN.com. Of course, we should probably take Flacco’s comments with a grain of salt at this point, considering he just turned 30 earlier this year.
- While the Steelers may not adjust Antonio Brown‘s contract this year, Jeremy Fowler of ESPN.com, with the help of former NFL salary cap analyst J.I. Halsell, attempts to identify a potential extension scenario that could work for both sides.
- Judge David Doty will hear the NFLPA’s motion to hold Roger Goodell in contempt of court in the Adrian Peterson case on August 13, tweets Ben Goessling of ESPN.com. Doty ruled in favor of the NFLPA back in February, granting the union’s motion to overturn the league’s decision on Peterson’s suspension, but the NFL didn’t reinstate the Vikings running back until mid-April.
- Aaron Wilson of the Baltimore Sun passes along word of a couple auditions taking place this week, reporting (via Twitter) that center/guard Ben Gottschalk is trying out for the Packers today and former Hawaii defensive end Beau Yap is working out for the Bengals tomorrow.
Extra Points: L.A., NFLPA, Stacy, QB Market
The NFL’s owners typically don’t meet in August, but Ian Rapoport of NFL.com reports that the owners have scheduled an extra meeting this year to discuss the prospect of relocation to Los Angeles. Per Rapoport, the additional owners meeting will take place on August 11 in Chicago.
The purpose of the August meeting isn’t to make any major decisions, according to Rapoport, who indicates no major news is expected to come out of the session. But the NFL believes there needs to be some sort of update between May’s and October’s meetings, particularly to focus on the progress of stadium plans in the St. Louis, San Diego, and Oakland markets.
Let’s round up a few more odds and ends from around the league….
- The NFL Players Association’s executive committee is pushing for the performance-based pay pool for 2015 and beyond to rise by at least $1MM per team, according to Alex Marvez of FOX Sports, who notes that the union and the league are still negotiating the parameters of the program for 2015. Per Marvez, the NFLPA’s executive committee also wants only a single “payee” to appear as the representative on a player’s contract, which would protect players from being sued for commission if multiple agents couldn’t agree on a split.
- Don Banks of SI.com delves into the back story behind the one-word tweet (“Yikes”) that Zac Stacy published after the Rams drafted Todd Gurley in April. Stacy was traded to the Jets two days later, but the running back and Rams COO Kevin Demoff both insist the since-deleted tweet wasn’t meant to be read negatively, and didn’t immediately lead to Stacy being shipped out of St. Louis.
- In the wake of Cam Newton‘s new extension, Joel Corry of CBSSports.com takes a look at what it will mean for Russell Wilson, Philip Rivers, Eli Manning, Joe Flacco, and Andrew Luck. Interestingly, Corry suggests Newton’s contract could have more of an impact on Manning’s and Flacco’s negotiations than Luck’s.
- Charles Robinson of Yahoo! Sports identifies six players drafted in the first round in 2012 who will be under the microscope this season. These players, including linebacker Bruce Irvin and defensive backs Morris Claiborne and Mark Barron, didn’t have their fifth-year options exercised for 2016, so they’re eligible for unrestricted free agency at season’s end.
Goodell Won’t Recuse Himself From Brady Appeal
JUNE 2, 1:33pm: Goodell has now made it official, informing the NFLPA that he’ll hear Brady’s appeal, and won’t recuse himself, per Garafolo (Twitter links). The commissioner insists that his “mind is open” on the case, and he hasn’t pre-judged Brady.
MAY 22, 4:01pm: Despite several other writers confirming La Canfora’s report, NFLPA spokesman Greg Aiello says no final decision has been made on the union’s request for Goodell to recuse himself, tweets Mike Garafolo of Fox Sports. La Canfora tweets that while technically Goodell himself didn’t reject the NFLPA’s request, NFL lawyers filed papers saying their position is that the commissioner will hear Brady’s appeal.
3:15pm: The NFL has denied the NFL Players Association’s request for commissioner Roger Goodell to recuse himself from the union’s appeal of Tom Brady‘s four-game suspension, reports Jason La Canfora of CBSSports.com (via Twitter).
Following the NFLPA’s announcements that it had officially filed an appeal on behalf of Brady, Goodell appointed himself as the arbitrator in the case. The union felt this was a conflict of interest, particularly since the NFLPA’s counsel intended to call the commissioner as a witness during the appeal process. However, it never appeared likely that Goodell would assent to the union’s request to remove himself from the process, since the league’s CBA allows him to serve as the arbitrator.
As La Canfora observes (via Twitter), Goodell staying on as arbitrator in Brady’s appeal makes it more likely that the case will eventually go to court, unless of course the commissioner overturns the suspension. Goodell strongly hinted at the conclusion of this week’s owner’s meetings in San Francisco that the only thing that would make him reconsider the four-game ban handed down by Troy Vincent would be if Brady brings forth new information on the case — in other words, if he surrenders his emails and text messages.
No date has been set yet for Brady’s appeal hearing.
Albert Breer On Tom Brady, Deflategate
The DeflateGate rumor mill hasn’t brought much additional information over the last couple of days, but we should know more when Tom Brady will have his day in court, and his appeal hearing has been set for June 23rd.
We shouldn’t expect to hear from Brady until June 23rd, and his silence will be on the advice of his NFLPA lawyer, Jeffrey Kessler, reports Albert Breer of the NFL Network (via Twitter).
Kessler has been steadfast in his approach of keeping clients quiet in terms of media comments before hearings, and Breer writes that Brady will be treated the same way despite his high-profile stature in the league (via Twitter).
While Brady won’t be making any statements regarding air pressure or doctoring footballs, he will not be prohibited from talking football between now and June 23rd (via Twitter). He will no doubt be asked about Deflategate if he should appear in front of the media, but expect him to deflect those questions in favor of questions that pertain to on-the-field concerns.
Tom Brady’s Appeal Set For June 23
Those hoping for closure on the DeflateGate saga will have to wait at least a few more weeks. According to Adam Schefter of ESPN.com (via Twitter), Tom Brady‘s appeal hearing won’t be held until Tuesday, June 23, and may continue on Thursday, June 25, if more than one day is required.
The appeal, which is still expected to be arbitrated by NFL commissioner Roger Goodell, will give Brady and the NFL Players Association a chance to argue that the quarterback’s four-game suspension should be eliminated, or at least reduced.
Goodell has indicated that he’d be open to hearing “new information” on the case from Brady, hinting that he still wants the Patriots quarterback to hand over the emails and text messages that he didn’t surrender to Ted Wells during the DeflateGate investigation.
If Goodell decides not to reduce Brady’s suspension – and perhaps even if he does – the NFLPA is likely to file a lawsuit to take the case to court. With previous recent suspensions, such as Ray Rice‘s and Adrian Peterson‘s, a judge has overruled the NFL’s ruling.
Pats owner Robert Kraft has stated that he won’t fight the Patriots’ DeflateGate penalties, including a $1MM fine and two lost draft picks, including a first-rounder. There has been plenty of chatter suggesting that Kraft’s decision might help result in a better outcome for Brady, but reports so far have indicated that no handshake deal is in place regarding the quarterback’s appeal.
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.
NFLPA Re-Elects DeMaurice Smith
Despite a crowded field that featured eight challengers, reigning executive director DeMaurice Smith was re-elected by the NFL Players Association last night in Hawaii by the league’s team player reps, per Liz Mullen of SportsBusiness Journal (via Twitter). The decision ensures that Smith gets another three-year term heading the NFLPA.
Outside of Smith, Jim Acho, Sean Gilbert, Robert Griffith, Rob London, Art McAfee, John Stufflebeam, Andrew Smith and Jason Belser were also vying for the union’s executive director position. Belser, who has worked under Smith as part of the NFLPA in recent years, was viewed as perhaps the strongest challenger.
Nonetheless, one executive committee member, veteran safety Ryan Clark, tells Peter King of TheMMQB.com (Twitter link) that the vote to re-elect Smith was unanimous on the first ballot. Tom Pelissero of USA Today (Twitter link) pushes back on that report, suggesting that the first vote wasn’t unanimous, with the player reps re-voting to exhibit solidarity. Albert Breer of the NFL Network tweets that Smith at least got the majority he needed for re-election during the first round of voting, so it wasn’t a contentious process.
The current Collective Bargaining Agreement is widely considered to be more owner-friendly than player-friendly, which made Smith vulnerable to challengers. However, with nine candidates in the running for the position, the field may have been slightly diluted, pushing players to align themselves with the candidate they knew best, rather than rallying around another contender.
Smith’s candidacy may also have received a bit of a boost in the wake of some of the lucrative free agent contracts signed by players within the last several days.
Extra Points: NFLPA, Cutler, Raiders, Rams
NFLPA President Eric Winston tweeted Thursday night that the deadline for nominations for Executive Director of the NFLPA had passed. Along with incumbent DeMaurice Smith, Winston listed Jim Acho, Sean Gilbert, Robert Griffith, Rob London, Art McAfee, John Stufflebeam, Andrew Smith and Jason Belser as candidates. The election for the position is scheduled for March 15.
According to Jason Cole of Bleacher Report, NFLPA executives are concerned about the internal lack of confidence in DeMaurice Smith. Cole reported that those execs are unsure how Smith will be able to lead going forward if he keeps the job, which he has held since 2009.
Here’s more from around the league:
- Albert Breer of NFL.com tweets that, in the aftermath of the Brandon Marshall trade, “chances are” the Bears will keep Jay Cutler for at least another year. According to Breer, Chicago hasn’t brought up the possibility of a Cutler trade with other teams this offseason. Breer notes that the Bears have a “Cutler-friendly staff” with new offensive coordinator Adam Gase and quarterbacks coach Dowell Logains. Breer’s report runs contrary to one released Thursday by NFL.com colleague Ian Rapoport, who said that “teams certainly know that Cutler is available.”
- The Raiders’ possible relocation to Carson, Calif., has been a major topic in recent weeks, and team owner Mark Davis said in a radio interview Friday that “other cities are possible relocation places,” Howard Balzer tweeted. Davis went on to state that he “wouldn’t say St. Louis is one of them.” Like the Raiders and Chargers, the Rams have been linked to the Los Angeles area. All three teams can terminate their leases and move after next season. If the Rams relocate, there have been rumblings about another NFL team playing in St. Louis in the future. If you’re to believe Davis, the Raiders won’t be that team.
- Speaking of the Rams, Jim Thomas of the St. Louis Post-Dispatch reported Friday that the team and right tackle Joe Barksdale are “too far apart” on a new deal. Thus, the 26-year-old will hit free agency when the market opens March 10. The four-year veteran has started 29 games over the last two seasons for St. Louis. Out of 84 qualifying tackles, Pro Football Focus (subscription required) rated Barksdale as the 48th best in the league in 2014.