Tom Brady - Pro Football Rumors

Details Emerge On Tom Brady’s Appeal

June 20th, 2015 at 12:48pm CST by Sam Robinson

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

June 13th, 2015 at 12:49pm CST by Rob DiRe

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.

Goodell Won’t Recuse Himself From Brady Appeal

June 2nd, 2015 at 1:33pm CST by Luke Adams

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

May 31st, 2015 at 5:58pm CST by Rob DiRe

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

May 29th, 2015 at 4:32pm CST by Luke Adams

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.

East Notes: Hardy, Brady, Mathis

May 26th, 2015 at 5:10pm CST by Zachary Links

The appeal hearing for Cowboys defensive end Greg Hardy will be conducted on Thursday morning with Harold Henderson in Washington D.C., according to Ed Werder of ESPN.com (on Twitter). Hardy was hit with a 10-game suspension earlier this offseason for his role in a domestic violence incident that took place roughly one year ago. Hardy made the Pro Bowl in 2013 after he compiled a career-high 15 sacks, and Pro Football Focus (subscription required) ranked him as the second-best overall defensive end in the league. Here’s a look at the AFC and NFC East..

The only thing delaying the date for Tom Brady‘s appeal is finding a date that works for both the Patriots quarterback and NFL commissioner Roger Goodell, Werder tweets.
Evan Mathis was a no-show for start of Eagles OTAs, as Jeff McLane of the Philadelphia Inquirer tweets. The workouts, much like the previous programs that Mathis missed, are all voluntary. Mandatory minicamp starts on June 16th.
The Jets promoted Matt Bazirgan to become the new pro personnel director, according to Manish Mehta of the New York Daily News. Bazirgan, who has been with Jets since 2004, was an area scout for eight years before being promoted to assistant pro personnel director in 2013. Bazirgan replaces Brendan Prophett, who spent nine seasons as the head of the Jets’ pro personnel department.

Latest On Tom Brady, DeflateGate

May 25th, 2015 at 6:40pm CST by Zachary Links

Tom Brady‘s appeal for his role in DeflateGate won’t be determined by Wednesday’s 10-day deadline, two people familiar with the situation tell Rob Maaddi of The Associated Press. The collective bargaining agreement calls for appeals to be scheduled within ten days of filing, but the league and the NFLPA can agree on delaying the hearing.

It’s not immediately clear why the hearing has been held off. One could speculate that the holiday weekend has delayed the process somewhat. There could also be out-of-hearing discussions between the two parties, though it’s hard to see a settlement coming together right now given the ugliness that has transpired over the last couple of weeks.

Brady is contesting a four-game suspension handed to him for his role in the Patriots’ scandal. The team is also paying a rather stiff penalty that includes $1MM in fines and the loss of two draft picks, one of which is a first-round selection.

Goodell’s Comments Cloud Brady Appeal

May 24th, 2015 at 11:07am CST by Rory Parks

A great deal of ink and cyberspace have been devoted to DeflateGate, which is far and away the biggest storyline of the offseason. Some pieces have applauded the Wells Report and the punishments levied against the Patriots and Tom Brady, while others have condemned the report’s alleged flaws and have accused the league of jumping to conclusions and “overreacting.” Mike Florio of Pro Football Talk, while he does not take a general stance on the scandal in his latest piece, does point out that commissioner Roger Goodell has injected unneeded confusion into Brady’s appeal with his recent comments.

Generally speaking, when a losing party notes an appeal to a higher court, the issue to be decided on appeal determines the standard of review that the higher court will apply. Sometimes, the court will apply a “de novo” standard, which essentially means that it ignores the lower court’s ruling entirely and considers all the evidence and arguments anew. But since Brady’s suspension stems from Article 46 of the labor deal, his appeal will be decided under an “arbitrary and capricious” standard, which means that the suspension will be upheld unless it was made on improper grounds or without any consideration of the relevant circumstances. Such a standard obviously provides a great deal of deference to the ruling of the lower tribunal, and since Goodell, for all intents and purposes, was the lower tribunal, one would think that the suspension would be affirmed.

However, the commissioner did cloud the matter when he said the following:

“We have a process here. It’s long established. I look forward to hearing directly from Tom. If there is new information or there’s information in helping us get this right, I want to hear directly from Tom on that.”

As Florio writes, an appellate tribunal reviewing an issue under an arbitrary and capricious standard cannot consider any “new information.” The only information that matters is the evidence and arguments already on the record. Although Goodell was probably hoping to demonstrate that he will be as fair as possible in considering Brady’s appeal, his comments only serve to undermine a process that has already been widely criticized. If Goodell is, in fact open to hearing “new” information, Florio writes that Brady should “ask to re-open the investigation, allowing Wells to do whatever it is that he charged the NFL millions of dollars to do, and then giving [Troy] Vincent a chance to reconsider the punishment, with Goodell waiting to review the matter on appeal.” But since that will not be happening, Goodell has unwittingly handed his critics another arrow to stick in their quiver.

Kraft Hopes He Helped Brady’s Appeal

May 23rd, 2015 at 7:58pm CST by Sam Robinson

Larry King appears to have loosened Adam Schefter’s grip on NFL breaking news, if only for a sequence on Saturday night.

The longtime broadcaster spoke with Robert Kraft, and the Patriots’ owner evidently revealed (Twitter link) he hoped by relenting on a potential battle with the NFL over the Pats’ Deflategate penalties that he helped Tom Brady in his own fight in a potential goodwill gesture.

If Kraft’s line of thinking is correct, perhaps lessening some of the animosity between the Patriots and commissioner Roger Goodell will influence the commissioner to consider some of the arguments put forth by Brady’s legal team in the embattled quarterback’s upcoming appeal. Or, in a more backroom-politics-style bargain, Kraft has some kind of assurance this action will induce a lessening of Brady’s ban.

Brady still faces a four-game ban. While that’s up in the air, the Patriots’ loss of a 2016 first-round pick and 2017 fourth-rounder is certain.

AFC Notes: Brady, Smith, Thomas, Heyward

May 23rd, 2015 at 2:12pm CST by Sam Robinson

Here are some items from around the AFC on Saturday with teams set to begin OTA sessions.

The Broncos added two defensive linemen to push Derek Wolfe and Malik Jackson in training camp and to likely spell the incumbents off the bench this season. But that depth could be in jeopardy after word surfaced of an investigation into Antonio Smith‘s alleged child abuse, writes longtime Broncos reporter Mike Klis of 9News. With the NFL showing it does not need the justice system to dole out significant punishment, Klis points out Smith now faces a battle to wear a Broncos uniform. Of the one-year, $2MM contract Smith signed in April, only his $500K signing bonus is guaranteed. Smith, 33, and Vance Walker are the only Broncos with NFL experience as 3-4 defensive ends.
Facebook-frequenting Patriots fans have organized a “Free Tom Brady” rally set for Sunday at Gillette Stadium, according to CSNNE.com. The quarterback’s quest to not miss all of September due to his Deflategate-induced suspension endured a blow Friday when Roger Goodell refused to recuse himself from the future hall of famer’s appeal.
After right quadricep tears forced season-ending surgeries for Colts guard Donald Thomas the past two years, his status is murky going into a third year of a four-year, $14MM contract. The soon-to-be-30-year-old cog’s inability to resume football activities yet, per Stephen Holder of the Indianapolis Star, do not help his push to regain the starting left guard spot. Missing 30 of a possible 32 games since signing with the Colts in 2013, Thomas re-tore his quad last July and counts $3.75MM against the team’s cap this year. 2014 second-rounder Jack Mewhort manned the position last season.
New Steelers defensive coordinator Keith Butler doesn’t figure to tinker too much with a successful blueprint, according to Teresa Varley of Steelers.com. “I don’t think there are going to be too many changes,” Cameron Heyward told Varley. “It’s going to be the same details. We will have a couple of new wrinkles, but we won’t share them now.”
The 2011 first-round defensive end also iterated a desire to play his entire career in Pittsburgh to Varley. A soon-to-be third-year starter, Heyward is set to be a free agent after the season, which will be played under the fifth-year option the team picked up in April. “The Steelers greats don’t go anywhere else. James (Harrison) did for a little bit, but he is already back. That is what I want to be, a Steelers great, and that means being here the rest of my life, football included and after,” Heyward said.