Tom Brady

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at which point the Patriots quarterback and the NFLPA made a case for why Brady’s four-game suspension should be rescinded.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.

East Notes: Brady, Cooley, Washington

As of Thursday, a month will have passed since Tom Brady‘s appeal hearing, and with no timeline in place for a ruling from Roger Goodell, it’s not clear if that announcement will come this week, next week, or sometime after that. According to NFLPA president Eric Winston, it’s “not even worth trying to guess” when Goodell will make his decision. However, Winston hopes Brady is exonerated, adding that if he’s not, the union is prepared to take the next step (Twitter links via Rob Guerrera of NBC Sports Radio).

Ultimately, the decision on whether or not to continue fighting the NFL if Brady’s suspension isn’t wiped away will be up to the Patriots quarterback himself, but Winston’s comments confirm that the NFLPA is ready to take the league to court on Brady’s behalf, if necessary.

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

  • Chris Cooley spent his first nine NFL seasons in Washington, but the team hasn’t had any discussions about bringing back the tight end, tweets Mike Jones of the Washington Post. The Cardinals are said to be kicking the tires on Cooley, who is contemplating a comeback.
  • Tarik El-Bashir and Rich Tandler of CSNWashington.com debate whether Brandon Scherff was the right pick for Washington at No. 5 overall in this year’s draft. El-Bashir writes that Scherff fits all of Scot McCloughan’s prerequisites and even though the lineman could have been plucked later in the draft, he doesn’t really find fault with Washington jumping at the chance to get him at No. 5. On the other hand, Tandler isn’t wild about Scherff’s value that high in the draft.
  • After Mike Sando of ESPN.com grouped the NFL’s starting quarterbacks into tiers based on talent, Jason Fitzgerald of Over The Cap examines how each QB’s salary matches up to his placement on Sando’s list. Unsurprisingly, Brady is the major outlier, with Sando placing the Patriots quarterback near the top of his list, despite the fact that he has a fourth-tier salary.
  • Appearing on SiriusXM NFL Radio (audio link), agent Tom Condon discussed one client who just signed an extension (Cowboys receiver Dez Bryant) and another client who looks like a good bet to sign a new deal in the near future (Giants quarterback Eli Manning).

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.

Extra Points: Rivers, Browner, Brady, Lions

The next year might be a time of major transition for the Chargers, who will be able to break their lease at season’s end and leave San Diego – their home since 1961 – potentially for Carson, Calif. Further, 11-year Charger and six-time Pro Bowl quarterback Philip Rivers is entering the final season of his contract and could conceivably be under center for another organization 12 months from now. Rivers has started every Chargers game since 2006, playoffs included, and been one of the NFL’s best quarterbacks during that span. However, the 33-year-old hasn’t shown much urgency in getting a long-term deal done with the Bolts, writes the San Diego Union-Tribune’s Michael Gehlken. Regardless of what happens with the Chargers, then, Rivers’ days as a San Diego institution may be winding down.

Here’s more from around the NFL:

  • Former Seahawks cornerback Brandon Browner said Sunday at Richard Sherman‘s celebrity softball game that he’d like to return to Seattle when his contract is up, per Bob Condotta of the Seattle Times (Twitter link). If Browner was serious, the timing of his comment is odd, as he recently joined the Saints on a three-year deal during free agency. Browner, who spent 2011-13 with the Seahawks, was a member of the Super Bowl-winning Patriots last season.
  • It’s been almost a month since Tom Brady‘s Deflategate appeal hearing, yet no ruling has come down. If Brady’s four-game suspension isn’t overturned, it could lead to a lawsuit against the league. However, there may be behind-the-scenes negotiations going on in hopes of preventing that, per Lorenzo Reyes of USA Today “I do think they’re negotiating,” said Jodi Balsam, who was the league’s counsel for operations and litigation from 1994-2002 and its counsel for football operations from 2002-2007.  “They may be back-channel conversations, but what the NFL wants is to get an implicit agreement from Brady’s people that a reduction in the number of suspended games would resolve the issue and put the brakes on any further litigation.”
  • The Lions’ offense is getting to work prior to training camp, tweets ESPN’s Michael Rothstein, who deduced from tight end Joseph Fauria‘s Instagram that he and some teammates are gathering in Atlanta to run routes. Quarterback Matthew Stafford said during the spring that members of Detroit’s offense would look to get some pre-camp work in, according to Rothstein (Twitter link), and it appears to be happening.

Tom Brady’s Camp Expects Ruling This Week

Tom Brady and his team expect a decision regarding his suspension appeal to be made this week, a source tells Mike Florio of Pro Football Talk. Commissioner Roger Goodell has had post-hearing briefs from both the league and the union for more than two weeks, writes Florio, and with training camp right around the corner, anticipation is building for a ruling.

Per Florio’s source, the decision is expected to be a “sham” — such wording not only indicates that Brady’s four-game suspension is either not expected to be reduced or not reduced enough (in the eyes of Brady), but that Florio’s source is likely someone on the Brady team. Once the ruling is handed down, Brady and the NFLPA are expected to file suit, and as Florio adds, the question then becomes whether Brady will seek a temporary injunction, which would allow him to play against the Steelers opening night, even if he ends up serving a suspension at some point.

In a separate post, Florio outlines what a Brady lawsuit would look like, explaining that challenges to arbitration are made on narrow bases, so the entire process should play out pretty quickly. In fact, the goal of such a suit would be that a final decision is reached before Week 1.

East Notes: Brady, Coughlin, Brooks

We still do not know what will come of the Tom Brady saga, but as we await Roger Goodell‘s final decision on Brady’s suspension, Ben Volin of The Boston Globe provides something of a different perspective on the story. Although it has been widely assumed that Brady would file a lawsuit against the NFL and seek an injunction to stay his suspension unless it is completely wiped out, that decision could be harder than it appears.

After all, although a lawsuit carries little legal risk for Brady–he would not have to share any evidence like text messages or emails, and any sworn statements he makes would likely replicate what he has already said–the on-field ramifications could be a different matter. On the one hand, a lawsuit could delay the process so long that Brady ends up playing the entire 2015 season, but he could also lose in court and be forced to serve the suspension later in the 2015 campaign when the Patriots are fighting for playoff positioning. A loss, of course, would also lend a great deal of validation to Brady’s critics and would cast a pall over his career. Plus, even if he were able to get the suspension lifted, the NFL could appeal and potentially have the suspension restored later in the season.

Brady will have a lot to mull over when Goodell finally hands down his decision, and out of everyone who Brady may consult as he decides how to proceed, it is difficult to find a truly impartial adviser. As Volin writes, “Realistically, only one person can truly decide what’s best for Tom Brady — the man himself. Hopefully, he understands that.”

Now let’s take a look at some more links from the team’s east divisions:

Latest On Tom Brady, Greg Hardy Suspensions

As Roger Goodell continues to weigh whether or not to uphold Tom Brady‘s four-game suspension, NFLPA sources tell Ryan Smith of ABC News (Twitter link) that the union intends to challenge Goodell’s decision in federal court, even if Brady’s ban is reduced to one or two games.

That’s not a huge surprise, as Albert Breer of the NFL Network tweets, pointing out that it has been the NFLPA’s plan all along to challenge the appeal decision in court. However, the final decision will be up to Brady himself. Breer also observes (via Twitter) that it wouldn’t make sense for the union not to plan on filing a lawsuit — it may not affect Goodell’s ruling, but the threat of legal action will make him consider every aspect of the decision more carefully.

Meanwhile, though we’re still waiting on an appeal ruling in Brady’s case, we got word last week that Greg Hardy‘s ban has been reduced from 10 games to just four games. That doesn’t necessarily mean the saga is over though — agent Drew Rosenhaus indicated at the time that he’d consult with Hardy, the NFLPA, and his lawyers before deciding whether or not to pursue legal action.

According to Mike Florio of Pro Football Talk, that decision is coming “any time now.” Time will be of the essence if Hardy’s camp pursues litigation, since the regular season is less than two months away, so the goal is to make a call one way or the other by the end of the week.

Community Tailgate: 7/9/15

We’re still more than two months 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 gauging your gut feeling on the Tom Brady appeal. The appeal hearing for Brady’s four-game suspension took place more than two weeks ago and, finally, it sounds like we’re on the verge of a ruling. 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.

Even weeks later, the NFL’s decision to suspend the Patriots QB for four games comes as something of a shock, not necessarily because he didn’t deserve it, but because he has become the NFL’s foremost star. Now that the league office has had some additional time to cool off, it’s conceivable that Goodell will be a little bit more lax this time around. There is also precedent for the lowering of suspensions following major scandals. Saints defensive lineman Anthony Hargrove was one example – he was suspended eight games for his obstruction in Bountygate, but he later had that penalty reduced to two games. Then again – despite the league’s claims that Executive Vice President of Football Operations Troy Vincent was the one who handed down the penalty – Goodell unquestionably had a major role in the suspension. Would he be willing to essentially admit to a wrong judgement in the DeflateGate scandal?

In a May poll, more than 62% of you said that Brady would get his suspension slashed from four games to something less harsh. Now that we’re (potentially) days away from a verdict, where do you stand? Will Brady have his suspension reduced, or will he serve the full four games? Let us know in the comment section below!

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.

AFC East Notes: Brady, Dareus, Bills

If Tom Brady is exonerated in the DeflateGate case by the NFL or the outside legal system, could the Patriots quarterback could get some payback against the league in the form of a defamation suit? Christopher Price of WEEI.com explores the issue, noting that legal analyst Michael McCann recently indicated it would be a tough suit to win.

“Brady would need to show that not only were public statements made about him false and damaging to his reputation, but he’d have to show those statements were made with actual malice, which means knowingly or intentionally,” McCann said. “In other words, if the Wells Report contained reputationally-damaging inaccuracies or lies about Brady, that would not be enough for Brady to prevail in a defamation lawsuit.”

Here’s more from around the AFC East:

  • The Bills have said one of their top priorities this year is to lock up Marcell Dareus to a long-term extension, and the defensive tackle sounds like he’d like to stay in Buffalo. Speaking to John Kryk of the Toronto Sun, Dareus praised the work done in recent years by GM Doug Whaley and president Russ Brandon: “We’ve got a better locker room, a better team atmosphere, and the organization is slowly but surely changing altogether. … We’re just enjoying it all.”
  • It would be easy to assume the Bills‘ starting quarterback battle is a two-man race between Matt Cassel and EJ Manuel, the two signal-callers with starting experience. But Rex Ryan‘s fondness for Tyrod Taylor, along with the fact that no one separate himself from the pack during offseason practices, means the former Raven could challenge for the job, writes Vic Carucci of The Buffalo News. The club’s quarterback competition was the subject of one of our Community Tailgate discussions earlier this month.
  • The Jets, Dolphins, and Bills were among the NFL’s most active teams this offseason as they tried to load up to topple the Patriots in the AFC East. However, according to ESPN’s future power rankings, New England is still the team in the best shape for the next three seasons, by a comfortable margin. In the Insider-only feature, the Pats placed third among NFL teams, while the Jets, Dolphins, and Bills rank 21st, 23rd, and 26th, respectively.

Zach Links contributed to this post.