Tom Brady

Tom Brady To Appeal Suspension In Court

5:15pm: The two sides were moving close to a one-game suspension settlement, but Brady demanded that the records be sealed and the NFL refused, according to Judy Battista of NFL.com (via Ian Rapoport of NFL.com on Twitter).

NFLPA Assistant Executive Director George Atallah (on Twitter) strongly denies that any settlement was close to being reached. Albert Breer of NFL.com (on Twitter) hears that the two sides were never close.

The NFLPA’s federal court filing is slated to come tomorrow and it will be filed in Minnesota, Rapoport tweets.

5:05pm: The Patriots released a statement on the matter:

We are extremely disappointed in today’s ruling by Commissioner Goodell. We cannot comprehend the league’s position in this matter. Most would agree that the penalties levied originally were excessive and unprecedented, especially in light of the fact that the league has no hard evidence of wrongdoing. We continue to unequivocally believe in and support Tom Brady. We also believe that the laws of science continue to underscore the folly of this entire ordeal. Given all of this, it is incomprehensible as to why the league is attempting to destroy the reputation of one of its greatest players and representatives.

4:43pm: The NFLPA officially announced that it will appeal the decision. Their full statement is reprinted below.

The Commissioner’s ruling today did nothing to address the legal deficiencies of due process. The NFL remains stuck with the following facts:

  • The NFL had no policy that applied to players
  • The NFL provided no notice of any such policy or potential discipline to players;
  • The NFL resorted to a nebulous standard of “general awareness” to predicate a legally unjustified punishment;
  • The NFL had no procedures in place until two days ago to test air pressure in footballs; and
  • The NFL violated the plain meaning of the collective bargaining agreement.
  • The fact that the NFL would resort to basing a suspension on a smoke screen of irrelevant text messages instead of admitting that they have all of the phone records they asked for is a new low, even for them, but it does nothing to correct their errors.

The NFLPA will appeal this outrageous decision on behalf of Tom Brady.

3:57pm: Brady’s agent, Don Yee, issued a strongly-worded statement on the matter. The statement is reprinted below, courtesy of ESPN’s Adam Schefter on Facebook:

“The Commissioner’s decision is deeply disappointing, but not surprising because the appeal process was thoroughly lacking in procedural fairness.

Most importantly, neither Tom nor the Patriots did anything wrong. And the NFL has no evidence that anything inappropriate occurred.

The appeal process was a sham, resulting in the Commissioner rubber-stamping his own decision. For example, the Wells investigative team was given over 100 days to conduct its investigation. Just days prior to the appeal hearing, we were notified that we would only have four hours to present a defense; therefore, we didn’t have enough time to examine important witnesses. Likewise, it was represented to the public that the Wells team was ‘independent’; however, when we requested documents from Wells, our request was rejected on the basis of privilege. We therefore had no idea as to what Wells found from other witnesses, nor did we know what those other witnesses said.

These are just two examples of how the Commissioner failed to ensure a fair process.

Additionally, the science in the Wells Report was junk. It has been thoroughly discredited by independent third parties.

Finally, as to the issue of cooperation, we presented the Commissioner with an unprecedented amount of electronic data, all of which is incontrovertible. I do not think that any private citizen would have agreed to provide anyone with the amount of information that Tom was willing to reveal to the Commissioner. Tom was completely transparent. All of the electronic information was ignored; we don’t know why. The extent to which Tom opened up his private life to the Commissioner will become clear in the coming days.

The Commissioner’s decision and discipline has no precedent in all of NFL history. His decision alters the competitive balance of the upcoming season. The decision is wrong and has no basis, and it diminishes the integrity of the game.”

3:48pm: Tom Brady has authorized the NFLPA to appeal his case in federal court, a source tells Jim Trotter of ESPN.com (on Twitter). Just prior to that, the NFL asked a federal court to confirm Brady’s suspension, Scott Soshnick of Bloomberg News tweets. The league filed its complaint in Manhattan.

Earlier today, the league announced that commissioner/arbitrator Roger Goodell has upheld Brady‘s full four-game suspension. The statement described that Brady actually destroyed his cell phone in order to hide incriminating evidence from NFL

Goodell Upholds Brady’s Four-Game Suspension

Arbitrator Roger Goodell has upheld Tom Brady‘s full four-game suspension, the league announced today (Twitter link via Ben Volin of the Boston Globe). The NFL’s statement on the ruling cites “important new information” when explaining Goodell’s decision to keep Brady’s penalty at four games, as Adam Schefter of ESPN.com details. The statement reads, in part, as follows:

“On or shortly before March 6, the day that Tom Brady met with independent investigator Ted Wells and his colleagues, Brady directed that the cell phone he had used for the prior four months be destroyed. He did so even though he was aware that the investigators had requested access to text messages and other electronic information that had been stored on that phone. During the four months that the cell phone was in use, Brady had exchanged nearly 10,000 text messages, none of which can now be retrieved from that device. The destruction of the cell phone was not disclosed until June 18, almost four months after the investigators had first sought electronic information from Brady.

“Based on the Wells Report and the evidence presented at the hearing, Commissioner Goodell concluded in his decision that Brady was aware of, and took steps to support, the actions of other team employees to deflate game footballs below the levels called for by the NFL’s Official Playing Rules. The commissioner found that Brady’s deliberate destruction of potentially relevant evidence went beyond a mere failure to cooperate in the investigation and supported a finding that he had sought to hide evidence of his own participation in the underlying scheme to alter the footballs.”

We’ve heard all along that, with no reduction on the penalty for the Patriots quarterback, Brady and the NFLPA were expected to continue to fight the decision in court. It’s not clear if the revelation that Brady had his cell phone destroyed changes that at all, but I’d be surprised if the Super Bowl MVP and the players’ union simply accepted Goodell’s ruling. According to Brady, “it is his practice to destroy his cellphone and SIM cards when he gets a new cell phone.”

Assuming Brady and the NFLPA do take the case to court, they’d likely seek an injunction so that he could continue to see the field for the Pats while the legal situation plays out. However, that could be a risky approach, depending on when the case is resolved — if Goodell’s decision is upheld in court, Brady would have to serve the suspension immediately, potentially during a much more crucial point in the season.

Goodell’s full 20-page explanation of his decision can be found here.

East Notes: Rice, Wilkerson, Brady, Cofield

Ray Rice and his supporters are reportedly lobbying NFL teams to give the veteran running back a shot to make a roster this preseason, and the Cowboys are the team most often linked to free agent backs, but Dallas has no interest in signing Rice, a source tells Charean Williams of the Fort Worth Star-Telegram (Twitter links). According to Williams, the Cowboys want to see how their current running backs look — the team hasn’t ruled out adding a veteran, but it likely won’t happen for a couple weeks, if it happens at all.

Here’s more from around the NFL’s two East divisions:

  • As expected, Jets defensive lineman Muhammad Wilkerson will report to camp rather than holding out, despite the fact that he has yet to sign a contract extension, reports Brian Costello of the New York Post. According to Costello, the two sides remain “far apart” on a new deal, though I’d expect negotiations to continue in the coming weeks.
  • Although there have been whispers that an announcement on Tom Brady‘s suspension appeal could come within the next day or two, Ian Rapoport of NFL.com says the NFL and NFLPA are still exchanging offers for a potential settlement (link via Kevin Patra of NFL.com). However, with the Patriots quarterback seemingly unwilling to accept a deal that includes any sort of suspension, a compromise remains unlikely. Adam Schefter of ESPN.com echoes Rapoport’s report, tweeting that the NFL and NFLPA aren’t expected to reach a settlement for Brady.
  • Rapoport (Twitter link) suggests keeping an eye on free agent defensive tackle Barry Cofield, who is recovering from groin and abdomen surgeries and should be ready to go in four to six weeks. Cofield, who was released by Washington earlier this year, said last week in an appearance on SiriusXM NFL Radio that he was “doing really well” in his recovery and was looking forward to signing with a team.

Patriots Notes: Brady, Flynn, Allen

As the Patriots, along with the rest of the NFL, continue to wait for Roger Goodell to announce a ruling on Tom Brady‘s suspension appeal, let’s round up a few of the latest notes out of New England….

  • Appearing on ESPN today, Adam Schefter said the NFL isn’t “inclined to budge much” on Brady’s appeal, adding that he expects the suspension to remain at four games (Twitter link via Mark Daniels of the Providence Journal). If Schefter’s prediction turns out to be accurate, Brady and the NFLPA will almost assuredly fight the decision in court.
  • As Mike Reiss of ESPN.com writes, Brady is hardly the only one whose 2015 outlook will be significantly altered by Roger Goodell’s ruling on his suspension appeal — Matt Flynn‘s odds of making the Patriots‘ 53-man roster hinge largely on whether or not Brady will be available.
  • Ben Volin of the Boston Globe (Twitter link) and Aaron Wilson of the National Football Post (Twitter links) have the details on Ryan Allen‘s new contract extension with the Patriots. Allen’s deal is worth $6.685MM, including a $2MM signing bonus and $3MM in new guarantees. The contract also features $200K in annual per-game roster bonuses from 2016 to 2018, and an annual $50K incentive for making the Pro Bowl.

NFL Open To Settlement For Tom Brady

A report last week indicated that the NFL Players Association made a settlement offer to the NFL regarding Tom Brady‘s suspension, and the league met that offer with “silence.” However, over the past several days, the NFL has been more open to the idea of a possible settlement for Brady, according to Mike Garafolo of FOX Sports, who reports that the league and the union have had an “open line of communication.”

Veteran Patriots players will report to training camp on Thursday, so the clock is ticking for resolution on Brady’s appeal. A source tells Garafolo that the Super Bowl MVP is frustrated with the lack of a decision from Goodell, nearly five weeks after the appeal hearing took place.

While a ruling from Goodell could come soon, a settlement would likely be the preferred outcome for both sides, since it would avoid prolonging the saga into the regular season with a court battle. However, it still appears unlikely that the two sides will reach a resolution that satisfies all parties — Brady figures to fight any penalty that includes him missing games, while the commissioner is reportedly receiving pressure from some owners to uphold the four-game suspension.

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.

AFC Notes: Pats, Smith, Raiders, Dolphins

Here are some notes from around the AFC on the last Saturday before training camps begin.

  • Chief among the owners that would be irked if Roger Goodell trimmed Tom Brady‘s Deflategate suspension are Ravens boss Steve Bisciotti and Jim Irsay of the Colts, Sal Palantonio of ESPN.com notes. The news that these two lead this figurative charge isn’t exactly surprising, with each’s organization voicing gripes during the Patriots‘ playoff run that included wins over each squad. The longtime ESPN reporter also noted other AFC owners who believe the Pats have “gotten away with murder” would be upset if Brady’s four-game ban was slashed.
  • Recently suspended cornerback Sean Smith may have been able to suit up for the Chiefs in Week 1 had he resolved his case by last November instead of this April, reports Mike Florio of Pro Football Talk. Had Kansas City’s top cornerback reached a resolution before Nov. 1, 2014, he could have paid a $50K fine since players, with this opportunity being afforded to players with pending charges under the NFL’s previous substance-abuse policy. Instead, the 28-year-old Smith will miss three games under the new policy, which was agreed upon in September 2014, and forfeit $750K in base salary.
  • The Raiders and the city of Oakland are communicating again after more than a month of silence, report Matthew Artz, Rebecca Parr and Mike Blasky of the Bay Area News Group. Raiders president Mark Badain called Oakland assistant city administrator Claudia Cappio. The sides previous halted communication after the Bay Area News Group’s publishing of a plan that would have called for team ownership to sell off 20% of the club.
  • Joe Philbin isn’t concerned about Branden Albert and DeVante Parker‘s Week 1 availability for the Dolphins despite offseason rehabilitation, writes Armando Salguero of the Miami Herald. There’s still a chance the highly paid left tackle won’t pass his physical and subsequently end up on the physically unable to perform list, however, after his knee surgery. Parker will not be 100% by training camp, though, after undergoing foot surgery.

East Notes: Brady, Kromer, Randle

After speaking to multiple sources, Jason Cole of Bleacher Report (video link) says the NFL believes Patriots quarterback Tom Brady will ultimately accept a reduced suspension in order to avoid having the DeflateGate saga continue to be a distraction into training camp and the preseason. We’ll see if that’s ultimately the case, but we probably won’t find out today — a report this morning indicated there was “no chance” of an announcement on Brady from Roger Goodell before the weekend.

Here’s more from Cole on Brady, along with a couple other items out of the NFL’s East divisions:

  • According to Cole, the wording of Brady’s penalty could be crucial — the Patriots signal-caller would be more inclined to accept a penalty for not cooperating with the league’s investigation, but would likely continue to fight any penalty that’s based on his perceived involvement in deflating footballs.
  • The Bills are likely to part ways with offensive line coach Aaron Kromer following his arrest earlier this month, sources tell Joe Buscaglia of WKBW. For now, the team is weighing its options while Kromer remains on indefinite paid leave as his legal case plays out.
  • After stealing $123 worth of cologne and underwear from a Texas mall last October, Cowboys running back Joseph Randle has been put on six months of probation, according to an Associated Press report. At the time of the incident, the Cowboys opted to fine – but not suspend – Randle, who could still face additional discipline from the league now that the case has been resolved.

QB Rumors: Brady, E. Manning, Wilson

A handful of Super Bowl-winning quarterbacks are in the news this Friday morning, so let’s dive in and round up the latest on the Patriots, Giants, and Seahawks signal-callers….

  • A source tells Ed Werder of ESPN.com (Twitter link) that there’s “zero chance” of a ruling on Tom Brady‘s appeal being announced today, meaning the saga figures to drag on until at least next week. As a point of comparison, arbitrator Harold Henderson took 43 days following Greg Hardy‘s appeal to make a decision — so far, it has been 31 days since the appeal hearing for the Patriots quarterback.
  • Contract talks between Eli Manning and the Giants have “intensified” within the last few days, with the team making an effort to see if something can get done before training camp begins, according to ESPN.com’s Dan Graziano.
  • Graziano’s report echoes one from Ian Rapoport of NFL.com earlier this week, suggesting that the Giants are confident they’ll get Manning locked up “at some point.” Per Graziano, New York would prefer to get it done before training camp, but the club doesn’t mind waiting until after the season, if necessary. According to Graziano, the Giants are comfortable with the idea of paying Manning an annual salary in the range of the $21.75MM Ben Roethlisberger got on his new deal with the Steelers.
  • According to Werder (via Twitter), one reason the Seahawks may be reluctant to pay Russell Wilson like a franchise quarterback is the team’s emphasis on its running game and defense. As Werder observes, Wilson’s 26.8 pass attempts per game over the last two years represents the lowest mark in the NFL.
  • Former Seahawks head coach Mike Holmgren believes Wilson should accept Seattle’s offer, suggesting that the team has definitely not “lowballed” the quarterback. Mike Florio of Pro Football Talk has the details on Holmgren’s comments, made during an appearance on The Erik Kuselias Show on NBC Sports Radio.

Community Tailgate: 7/23/15

We’re still several weeks away from the start of battles on the NFL gridiron, but there’s no offseason when it comes to debate amongst fans. Earlier this summer, we launched a new series here at PFR that will be known as the Community Tailgate. What’s the Community Tailgate all about? Well, it’s pretty simple. Every weekday, we’ll highlight one of the top stories going on in the NFL. Then, in the comment section below, we want you to weigh in and let us know what you think.

Of course, while the debate may get spirited, we ask that it all stays respectful. If you need a reminder of our rules, please check out our commenting policy. Basically, we ask that you refrain from inappropriate language, personal insults, and attacks. Speaking of commenting: we’ve made it much easier to leave a comment here at Pro Football Rumors. You are no longer required to be a registered user – simply put in your name, email address, and comment and submit.

Today, we’ll be taking your pulse on the Tom Brady appeal in light of word that settlement discussions for Brady have occurred between the NFL and the Players Association. The commissioner is being pushed by “a small handful of influential owners” to uphold Brady’s four-game suspension, but the league’s participation in settlement talks could be an indication that they are fearful of how a judge would rule on the matter in court.

NFLPA president Eric Winston, meanwhile, sounds fed up with the whole process. When asked how long it might take for Goodell to render his verdict, Winston said it’s “not even worth trying to guess” when Goodell will make his decision. The union prez hopes that Brady’s appeal is successful, but if he’s not, the union is prepared to take the next step, which would mean legal action.

With the possibility of a showdown in court becoming more and more realistic, how do you see Brady’s situation playing out? Do you think he could have his entire suspension overturned? Let us know in the comments!