Brady Refused NFL’s Settlement Deal
Before Roger Goodell upheld Tom Brady’s suspension, he offered to reduce the quarterback’s suspension in exchange for an admission of guilt, Mike Florio of Pro Football Talk writes. It is believed that the offer would have dropped the QB’s suspension to at least two games. If Brady was “sufficiently persuasive and profuse in his acceptance of guilt,” the suspension could have been reduced to one game. Ultimately, Brady refused and the suspension remains at four games, pending possible legal intervention.
A with knowledge of the situation told Florio the NFL was willing to drop the suspension by “at least 50 percent” if Brady was willing to meet three requirements:
- admitting to having knowledge of whatever John Jastremski and Jim McNally were doing to the footballs
- admitting to failing to cooperate with the Ted Wells investigation
- apologize
Brady, for unknown reasons, was unwilling to acquiesce to those demands. The Patriots quarterback likely faces an uphill battle in court after it was revealed that he destroyed his cell phone when asked to turn that information over.
East Notes: Brady, Philbin, Eagles, Beason
Tom Brady and the NFL Players Assocation are entitled to an independent decision on Brady’s appeal, so recent reports suggesting NFL team owners are trying to influence Roger Goodell’s ruling make it even more likely that the NFLPA will eventually take the league to court, writes Mike Florio of Pro Football Talk.
As Florio obseves, if a truly independent arbitrator were handling Brady’s appeal, it would be highly irregular for a team owner to lobby that arbitrator one way or the other. The fact that owners are apparently lobbying Goodell as he contemplates his decision could become a central issue in the looming litigation.
Here’s more from around the NFL’s two East divisions:
- Dolphins head coach Joe Philbin wants to win this year, but it’s “more for everybody else’s sake” than for his own job security, he tells Armando Salguero of the Miami Herald. “For everybody, I’d like us to reap the rewards of our labor. It’s time for all of us,” Philbin said. “But I haven’t really thought about playoff or bust for me.”
- It’s easy to realize that you have to fix a 4-12 team, but Chip Kelly‘s decision to revamp a 10-6 Eagles squad this offseason wasn’t quite so simple, as Reuben Frank of CSNPhilly.com writes.
- Giants linebacker Jon Beason, who spent most of the 2014 season on injured reserve, talks to Steve Serby of the New York Post about his recovery from last year’s toe and foot injuries, Jason Pierre-Paul‘s status, and the impact that free agent signee Shane Vereen will have for the Giants, among other topics.
Latest On Tom Brady’s Appeal
A month ago today, NFL commissioner Roger Goodell served as the arbitrator for Tom Brady‘s appeal hearing, at which point the Patriots quarterback and the NFLPA made a case for why Brady’s four-game suspension should be rescinded. With no official timeline in place for a decision, it’s no surprise that Goodell has yet to make an announcement — it took arbitrator Harold Henderson more than six weeks to announce a ruling on Greg Hardy‘s appeal.
While we wait to see if Brady’s penalty is upheld, reduced, or wiped away entirely, let’s round up the latest updates on the case….
- Settlement discussions for Brady have occurred between the NFL and the Players Association, a source tells Mike Florio of Pro Football Talk. However, no progress has been made between the two sides, and it would be unexpected if they found common ground and worked something out.
- According to that same source, Goodell is being pushed by “a small handful of influential owners” to uphold Brady’s four-game suspension, writes Florio.
- However, there’s some concern that, if Goodell were to stand firm on Brady’s ban, the penalty would eventually be overturned by a federal court. According to Florio, attorney Gregg Levy, who participated in the appeal as a legal consultant to Goodell, has been warning the commissioner that it will be hard to make a suspension stick in court.
- A source tells Dan Graziano of ESPN.com that the NFLPA made a settlement offer to the league last week, but that proposal was met with “silence” by the NFL. According to Graziano, it is believed that Brady will continue to fight any suspension, even a reduced penalty, but would consider accepting a fine.
- Yesterday, NFLA president Eric Winston indicated that the union is prepared to take the next step on behalf of Brady if he’s not exonerated.
Goodell: No Timeline For Brady Decision
It has been nearly a month since Tom Brady‘s appeal hearing concluded, and the quarterback’s camp reportedly expects Roger Goodell to announce a decision this week. However, the commissioner himself, who served as the arbitrator for Brady’s appeal, tells Mark Kaboly of the Pittsburgh Tribune-Review that there’s no strict timeline for a ruling.
“We are focused on it,” Goodell said. “We are obviously being very thorough and want to make sure we consider all aspects of his appeal. We will make a decision as quickly as possible.”
As we continue to wait for a formal announcement from Goodell, here a couple more items related to Brady’s appeal and DeflateGate:
- While it hasn’t been viewed as a probable outcome, a negotiated settlement remains a possibility for Brady, in theory, writes Mike Florio of Pro Football Talk. Of course, any compromise would likely fall somewhere in between the maximum punishment and a full exoneration, and Brady continues to seek the latter.
- Appearing on FOX Sports Radio, Saints head coach Sean Payton was asked about similarities between the Patriots’ DeflateGate situation and his own team’s bounty-related saga. As Evan Woodbery of The Times-Picayune writes, Payton pointed out that he was in a much different situation than Brady, since he didn’t have the NFL Players Association to back him.
Patriots Rumors: Brady, Edelman, O-Line
With Roger Goodell‘s grade of Tom Brady‘s appeal expected soon, the Boston Globe’s Ben Volin examines who the future Hall of Fame quarterback can trust, considering the many agendas those around him have.
Brady’s intentions to exonerate himself play in the favor of an NFLPA motivated on diminishing Goodell’s power and establishing a new avenue through the appeals process. While it also is the recommended course of action of the association’s lawyers, who wouldn’t lose much if the quarterback’s suspension stands after a lengthy effort, per Volin. Should Deflategate progress at it looks like it will, the NFLPA’s attorneys will continue to clean up in legal fees to continue what’s been a banner stretch for such endeavors.
Volin also notes Bill Belichick would probably prefer Brady give up his fight should Goodell slash his suspension in half in an effort to avoid having key Jimmy Garoppolo cameos down the stretch. Robert Kraft‘s itinerary in this case, in Volin’s view, is one that Brady should greet with skepticism, with the owner preferring to do whatever he can to avoid the Patriots, more so than Brady, being tarnished in Deflategate’s aftermath.
The Globe’s top Patriots scribe notes that Kraft and Goodell were probably haggling on this suspension during an informal summit in Sun Valley, Idaho, recently, and that Kraft could still have the league’s best interests at heart should he advise Brady to accept a reduced suspension rather than make this battle more contentious.
Here are some other Patriots items as the days dwindle until training camps open.
- As Brady opts for a reclusive summer, his most frequent target helped explain the 16-year veteran’s mindset for those not privy to his dialogue post-Deflategate. “He’s fired up — we’ll say that. You don’t want a mad Tom Brady, and he’s a little ticked off,” Julian Edelman told Joe McDonald of ESPN.com. The 29-year-old wideout’s been Brady’s teammate for six seasons and has 197 catches the past two years.
- After Dan Connolly‘s retirement, Volin looks at who the Patriots will plug in at left guard this season, with a projection of rookie Tre Jackson out of Florida State becoming New England’s newest line cog. Volin views the college teammate of center Bryan Stork as a more refined prospect than rookie comrade Shaq Mason. A fourth-rounder, Jackson may even be an upgrade over Connolly, whose work Pro Football Focus detested, critically speaking, last season in rating the veteran as the Patriots’ worst offensive lineman (subscription required) for his efforts at left guard and center, respectively.
Goodell: Brady Decision As Soon As Next Week
10:37am: Gregg Rosenthal of NFL.com notes (via Twitter) that Goodell actually said the decision on Brady will “hopefully” happen soon. Asked if it could happen next week, Goodell replied, “I don’t know. Could be.” That sort of bet-hedging, non-definitive answer sounds more like the commissioner, and leaves the door open for the process to drag on a little longer.
10:27am: Commissioner Roger Goodell, who also acted as the arbitrator in Tom Brady‘s appeal hearing last month, said today that he expects to announce a decision on the case soon, perhaps as early as next week, according to Julia Boorstin of CNBC (Twitter link).
The appeal hearing for Brady’s four-game suspension took place on Tuesday, June 23, meaning we’ve waited more than two weeks so far for a ruling. Of course, the hearing for Greg Hardy‘s appeal of his 10-game suspension happened six weeks ago, and arbitrator Harold Henderson has yet to announce a decision in that case, so it would’ve been a surprise if Brady’s case had been wrapped up by now.
The NFL’s Collective Bargaining Agreement calls for the arbitrator for an appeal to make his decision “as soon as practicable,” which leaves some wiggle room to drag out the process. Still, I imagine the league isn’t eager to continue to extend a DeflateGate saga that has dominated headlines this offseason, so Goodell figures to announce his decision before training camps get underway.
Of course, the commissioner’s ruling won’t necessarily mean that the issue can be laid to rest. Brady and the NFLPA will have the opportunity to file suit against the league if they’re not happy with the decision, challenging Goodell’s role in the process and the NFL’s decision to suspend Brady without any hard evidence of his involvement in deflating footballs. Patriots owner Robert Kraft opted not fight a legal battle against the league over New England’s DeflateGate penalties, but there’s no indication that Brady will go that same route.
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.
Details Emerge On Tom Brady’s Appeal
Engulfed by lawyers, Tom Brady and Roger Goodell will face off Tuesday in the appeal summit regarding the quarterback’s four-game suspension the commissioner handed down in May for Brady’s role in Deflategate, and Ben Volin of the Boston Globe discusses how the sides will go about this procedure in New York.
One source informed Volin that Goodell only hears about 10% of these cases, and he delegated this responsibility for the recent appeals of Adrian Peterson, Josh Gordon and Greg Hardy. But with Brady serving as one of the faces of the league in the 21st century, Goodell will serve as the judge to determine whether his own judgment was justified.
Per Volin, around 12 people will be present in the meeting room: attorneys for both sides, NFLPA executive director DeMaurice Smith and Brady’s agent Don Yee will join the 16th-year quarterback and the 10th-year commissioner. Another source informed Volin that Goodell, while technically not on either side as the hearing officer in this setup, is “tame and usually fairly civil” in these circumstances. NFL executive vice president Troy Vincent and senior vice president of labor policy and government affairs Adolpho Birch could also be in the room.
“It’s kind of like a court of law, but it’s a private hearing; it’s confidential,” one source told Volin. “And the jury is Goodell.”
Goodell will ask questions during each presentation, reports Volin, but the NFL and the appealing contingent do not argue directly with each other despite the acrimony that’s transpired between representatives of each side during this historic offseason ordeal.
“There’s really no back-and-forth at the same time,” another source told Volin. “The appellant makes their case, then the league makes theirs, then the appellant gets to rebut it, then the league gets another chance, then both sides have closing arguments, and that’s pretty much it.”
While Brady obviously wants the entire suspension erased due to what he views is an exceedingly harsh punishment, one source told Volin the future Hall of Famer isn’t seeing any reduction, with the ban being “lenient” to begin with.
“He’s getting a suspension,” that source told Volin. “The only question is, is it four or two games?”
As previously noted, Brady’s side will have a chance to present new information in an attempt to reduce or eliminate his four-game ban, and Volin notes the Patriots quarterback’s team will cite the NFL’s operations manual which states a $25K fine is the baseline for a team that tampers with footballs (although Goodell has the jurisdiction to increase it as he sees fit). Volin also reports Brady’s side, in addition to possibly using the AEI report released last week that scrutinizes Ted Wells‘ investigation and potentially providing more information from Brady’s cellphone after he initially denied access to it, will use the fact that the Panthers and Vikings were issued only a warning for placing footballs near heaters during a December 2014 contest and Brett Favre being fined just $50K for a lack of cooperation in his 2010 scandal for improper text messaging.
The NFL will back Wells’ analysis and the ruling that Brady was “generally aware” of the alleged deflation procedures. Should the summit extend beyond Tuesday, it will resume Thursday, although there is no defined timeline for the decision to come down. Volin reports the Brady ruling may not emerge until the end of July, with Hardy’s May 28 appeal still in limbo as the latest example of the pace of these proceedings.
Brady, who can still file a federal lawsuit if this ruling doesn’t go his way, will lose $1.88MM if his four-game suspension is upheld.
AEI Report Critical Of Ted Wells Report
Kevin Hassett, Joseph Sullivan, and Stan Veuger are criticizing the findings of the Ted Wells Report on deflated footballs in New England. The three authors’ work has been published on the website of the American Enterprise Institute–AEI. The New York Times also summarized this new report for their audience.
This report is timely, coming a little more than a week ahead of Tom Brady‘s appeal hearing. It could become more ammunition that exonerates Brady and the Patriots of wrongdoing, or at least generate enough doubt to help get his suspension reduced or eliminated, according to CSNNE.com.
AEI, which notably claims to have no financial stake in the findings our outcome, describes the original findings of Ted Wells to be unreliable. Among aspects of the case it calls into question, it rejects the idea that the Patriots’ footballs had a more significant drop in air pressure than did the Colts’ footballs in the first half of the AFC Championship game.
The new report also calls into question the process in which officials tested the footballs, saying that only four Colts’ football were tested at halftime as opposed to 11 of the Patriots’ footballs, and raises questions about the environments they were each tested in and the amount of gauges used before re-inflating them.
CSNNE.com notes that the AEI report on player injuries data on the heels of Bountygate helped a number of Saints’ players have their suspensions vacated in 2012, and hopes that Brady will be able to use this new information to his advantage when he meets with Commissioner Roger Goodell on June 23rd.