Poll: Will Tom Brady Get His Suspension Reduced?
After being slapped with a four-game suspension, Tom Brady is digging in his heels and he’s bringing serious firepower with him. Brady, as we learned earlier this week, will enlist the help of the NFLPA, despite his previously tenuous relationship with them. He’s also bringing Jeffrey Kessler, a man who has been termed as the “arch nemesis” of the NFL. Kessler ran point on Adrian Peterson‘s recent appeal and is also widely credited with helping to forge free agency in football after winning the Freeman McNeil case and settling the Reggie White case.
However, the deck seems to be pretty stacked against him. The 2011 CBA affords commissioner Roger Goodell the right to hear any appeal and, despite the very vocal protests from the union, he’ll be exercising that right. The statement released by the league office seemed to be pushing the notion that Goodell will be an unbiased arbiter, claiming that NFL executive vice president Troy Vincent was the one who determined the punishment with Goodell being the one to “authorize” it. It all seems pretty unfair. That is, if you can ever say life for a four-time Super Bowl winning quarterback who is married to one of the world’s most renowned supermodels is unfair.
The Patriots are still undecided as to whether they’ll fight the penalties handed down to them, but both Brady and Goodell are preparing for battle. The quarterback may be coming in with a Dream Team legal defense, but Goodell plans to interview indefinitely suspended Patriots employees John Jastremski and Jim McNally as witnesses for Brady’s appeal. Brady, meanwhile, is expected to file suit against the NFL to have Goodell replaced with a neutral arbitrator. It is certain that things will get ugly, but the outcome is anything but certain. When all is said and done, do you think Brady will be able to get his suspension slashed from four games?
Latest On Tom Brady’s Appeal, DeflateGate
The NFL Players Association has officially published the appeal letter it sent to the NFL on behalf of Tom Brady, making it available through the union’s website. Within the letter, the NFLPA argues that the league violated the CBA by allowing league executive Troy Vincent to hand a four-game suspension to Brady, since he is not authorized to impose discipline. The union added that it plans to call Vincent and commissioner Roger Goodell as witnesses for its appeal, which means – according to the NFLPA – the case should be arbitrated by someone without close ties to the NFL.
As we prepare for the next stage of this contentious process, let’s round up the latest items on DeflateGate and Brady’s appeal….
- Goodell will likely interview suspended Patriots employees John Jastremski and Jim McNally as witnesses for Brady’s appeal, per Ed Werder of ESPN.com (via Twitter).
- After Ted Wells was given a blank check and no deadline for his DeflateGate report by Goodell and the league, it will be difficult for the commissioner to disregard that report and conclude that its conclusions are inaccurate, writes Mike Florio of Pro Football Talk. Florio points out that Goodell may have appointed himself as the arbitrator in this case because it avoids putting the league in a position where another arbitrator “overturns or undermines” the Wells report, embarrassing the NFL.
- Speaking of Wells, his statements to Bart Hubbuch of the New York Post (Twitter links) about the timeline of his investigation contradict information in the report itself, as Florio explains in a separate PFT piece.
- Goodell’s decision to hear Brady’s appeal himself “virtually assures” that it will wind up as a court case, tweets Jason La Canfora of CBSSports.com. Florio tweets that a lawsuit will likely be filed soon in an effort to get Goodell to step aside as arbitrator.
- Ben Volin of the Boston Globe breaks down the Patriots’ rebuttal to the Wells report, writing that it makes some good points but falls short in answering a few crucial questions.
Roger Goodell To Hear Tom Brady’s Appeal
9:32pm: The NFL has released a statement confirming that Goodell will hear the appeal, as Mike Garafolo of FOX Sports tweets. The statement indicates that NFL executive vice president Troy Vincent was the one who determined the punishment with Goodell being the one to “authorize” it.
9:15pm: Commissioner Roger Goodell will hear Tom Brady‘s appeal, according to Mike Freeman of Bleacher Report (on Twitter). Earlier today, the NFLPA formally filed its appeal on behalf of Brady and asked for a neutral arbitrator to preside over the case. Needless to say, this isn’t exactly what they had in mind.
The collective bargaining agreement, signed in 2011, allows the league’s commissioner to oversee appeals. Goodell could have vacated that position, but he will invoke his right to rule on the appeal.
Brady has armed himself with a top notch legal team that includes labor attorney Jeffrey Kessler, who recently represented Adrian Peterson in his suspension appeal. The Patriots, meanwhile, also seem ready to go to war with the league office. The franchise’s legal counsel published a rebuttal to the Wells report earlier today that is nearly 20,000 words long.
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.
Latest On Brady, Kraft, Patriots
Tom Brady and his camp have until 11:00pm CT on Thursday to officially file an appeal in response to his four-game suspension, and we have a handful of updates on that appeal process in the space below. Here’s the latest on Brady and DeflateGate:
- As one Tuesday report outlined, there was some uncertainty about whether Brady and agent Don Yee would involve the NFLPA in their appeal of the quarterback’s four-game ban, but Ed Werder of ESPN.com tweets that Brady’s camp has finally involved the union in the process. The Players Association is expected to take the lead in Brady’s appeal, says Werder.
- As Barry Wilner of The Associated Press outlines, labor attorney Jeffrey Kessler, who recently represented Adrian Peterson in his suspension appeal, will aid the NFLPA in Brady’s appeal.
- The NFLPA has already drafted Brady’s appeal letter, but it’s still going through the union’s process and will likely be formally filed tomorrow, tweets Albert Breer of the NFL Network.
- At least one source tells ESPN’s Adam Schefter that he thinks Brady’s “talented, big-name lawyers,” including Kessler, will get the penalty overturned and that the quarterback won’t miss a game. Schefter conveyed that source’s message on The Herd With Colin Cowherd” today, and also suggested that the Patriots are “angry” about the penalties handed down by the NFL (including lost draft picks and a $1MM fine), since the organization doesn’t feel as if it did anything wrong. Doug Kyed of NESN.com has the details, along with quotes from Schefter.
- Jason La Canfora of CBSSports.com agrees with Schefter’s assessment of the Pats’ reaction to the NFL’s decision, writing that the team is “fuming.” Although owner Robert Kraft and the franchise hadn’t initially been planning to fight the discipline handed down by the league, the overall scope of that discipline “was unlike anything they expected,” a source tells La Canfora. Per La Canfora, Kraft and his team may challenge the NFL’s ruling, but that’s probably still a long shot at this point.
- Multiple sources tell Jason Cole of Bleacher Report (video link) that Kraft is “strongly considering” filing a lawsuit against the NFL over the ruling. However, according to Cole, many of those same sources are trying to discourage the Pats owner from doing so, since they believe it will be a “fruitless endeavor.”
AFC East Notes: Brady, Pats, Dolphins
Here’s a quick look at the Patriots and Dolphins…
Ted Wells Responds To Tom Brady’s Agent
Hours after the NFL levied sanctions against Tom Brady and the Patriots for their alleged role in the doctoring of footballs, Brady’s agent Don Yee went on the offensive and heavily criticized the findings of Ted Wells’ report. This afternoon, Wells held a conference call with reporters to offer his rebuttal to Yee’s comments. Here are some of the highlights from what proved to be an entertaining Q&A session..
- Wells said that no one from Brady’s camp raised any issue with his impartiality and noted that owner Bob Kraft welcomed his appointment, Ian Rapoport of NFL.com tweets.
- The team led by Wells only asked Brady for printouts of his text messages and not for his actual phone, Mike Freeman of Bleacher Report tweets. This is an important distinction because the quarterback cited privacy concerns with regard to handing over his phone.
- Outside of that, Brady was “totally cooperative” in the investigation, Wells said, according to SiriusXM NFL Radio (on Twitter).
- Wells said the Pats declined his request for a second interview with Jim McNally (per SiriusXM NFL Radio on Twitter). The second interview was requested, and denied, after Wells discovered the now famed “Deflator” text, Ben Volin of the Boston Globe tweets. Wells said NFL security talked with McNally three times, but he only personally interviewed him once, Jason La Canfora of CBSSports.com tweets.
- Wells strongly rejected the notion that the text messages are circumstantial evidence, Albert Breer of NFL.com tweets.
- Yee says that he took copious notes throughout the questioning of his client and Wells says he has no issue with the agent publishing those notes, Rapoport tweets.
- The investigator rejected the notion that his fact finding mission was a “sting operation,” Armando Salguero of the Miami Herald tweets.
- NFL executive VP Jeff Pash, whom the league tabbed to co-lead the investigation, was just “a facilitator” and didn’t participate in interviews, according to Wells (via Tom Pelissero of USA Today on Twitter).
- The investigation cost the NFL “millions,” Wells said, according to Ben Volin of the Boston Globe (on Twitter).
Latest On Patriots, Tom Brady
On Monday night, Patriots owner Robert Kraft (via Twitter) issued a statement regarding the penalties levied against his team.
“Despite our conviction that there was no tampering with footballs, it was our intention to accept any discipline levied by the league. Today’s punishment, however, far exceeded any reasonable expectation. It was based completely on circumstantial rather than hard or conclusive evidence. We are humbled by the support the New England Patriots have received from our fans throughout the world. We recognize our fans’ concerns regarding the NFL’s penalties and share in their disappointment in how this one-sided investigation was handled, as well as the dismissal of the scientific evidence supported by the Ideal Gas Law in the final report. Tom Brady has our unconditional support. Our belief in him has not wavered.”
Kraft’s statement made it clear that he is standing shoulder-to-shoulder with Brady, who is also prepared to fight the league. Here’s another round of reactions to the Pats’ scandal..
- Jason La Canfora of CBSSports.com (on Twitter) wouldn’t expect the Patriots to be in the market right away for a veteran quarterback in the wake of the Brady ruling. He believes that the Pats will wait to see how the appeal goes and evaluate their own situation before making any moves. As it stands, rising sophomore Jimmy Garoppolo would likely be New England’s starter for the first four games of the 2015 season.
- An NFL owner told Mike Freeman of Bleacher Report (on Twitter) that the relationship between commissioner Roger Goodell and Kraft seems “pretty much dead.” “I can’t say for certain but it sure seems that way to me,” the owner, who knows both men well, said. “Some of us (owners) are waiting a little nervously to see what Robert does next.”
- Mike Chappell of CBS4 (on Twitter) wouldn’t be surprised if Brady appeals and has his four-game suspension cut in half.
- The $1MM fine levied against the Patriots is the largest team fine in NFL history, according to Adam Schefter of ESPN (via SportsCenter on Twitter).
- Brady’s agent, Don Yee, is going to the mat for his client as they prepare to appeal his suspension. Yee also represents Saints coach Sean Payton, and Larry Holder of The Times-Picayune wonders why Yee didn’t fight harder for him when he was suspended for a season as a result of BountyGate.
- Brady left Roger Goodell no choice but to make an example of him, Mike Lupica of the New York Daily News opines.
- Rick Gosselin of The Dallas Morning News explained why the punishment for the Patriots and Brady was so severe.
Tom Brady To Appeal Suspension
Tom Brady‘s agent issued a statement to reporters stating, in part, that the quarterback will appeal the suspension handed to him earlier today. Here is the statement in its entirety, courtesy of ESPN.com’s Adam Schefter (via Facebook):
“The discipline is ridiculous and has no legitimate basis. In my opinion, this outcome was pre-determined; there was no fairness in the Wells investigation whatsoever. There is no evidence that Tom directed footballs be set at pressures below the allowable limits.
In fact, the evidence shows Tom clearly emphasized that footballs be set at pressures within the rules. Tom also cooperated with the investigation and answered every question presented to him. The Wells Report presents significant evidence, however, that the NFL lacks standards or protocols with respect to its handling of footballs prior to games; this is not the fault of Tom or the Patriots.
The report also presents significant evidence the NFL participated with the Colts in some type of pre-AFC Championship Game planning regarding the footballs. This fact may raise serious questions about the integrity of the games we view on Sundays. We will appeal, and if the hearing officer is completely independent and neutral, I am very confident the Wells Report will be exposed as an incredibly frail exercise in fact-finding and logic.
The NFL has a well-documented history of making poor disciplinary decisions that often are overturned when truly independent and neutral judges or arbitrators preside, and a former federal judge has found the commissioner has abused his discretion in the past, so this outcome does not surprise me. Sadly, today’s decision diminishes the NFL as it tells its fans, players and coaches that the games on the field don’t count as much as the games played on Park Avenue.”
The news, of course, does not come as a great surprise. Brady is well within his rights to appeal the decision and cannot be punished further for presenting his case. With the help of the NFLPA, Brady will likely cite the lack of hard evidence against him as a primary reason why he should have the suspension lowered or rescinded. Brady could also cite precedent as a reason why he is being penalized to harshly.
Prior to the suspension being announced, Albert Breer of NFL.com (on Twitter) noted that Saints defensive lineman Anthony Hargrove was suspended eight games for his obstruction in Bountygate, but he later had that penalty reduced to two games. Because of that, Breer had estimated a two-game suspension for Brady. After an appeal, Brady could very well wind up serving less than a four-game suspension.
Reactions To Punishment For Pats, Brady
In the latest sign that this really is a “new” NFL, the Patriots were hit with major penalties for their apparent involvement in deflating footballs during the playoffs. Quarterback Tom Brady, who seemed to be less than cooperative in helping with the NFL’s investigation, was sacked with a four game suspension. In addition to that, the Pats were stripped of their 2016 first-round draft pick as well as their fourth-round selection in the 2017 NFL Draft. Here’s a look at some of the reaction and fallout to the NFL’s surprisingly stern decision..
- Brady was scheduled to make $8MM this season and, as a result, will lose about $2MM thanks to the suspension, Adam Schefter of ESPN.com tweets.
- Any action by the NFLPA will be at the direction of Brady, so they’ll wait for instructions from him, Albert Breer of NFL.com (on Twitter) notes.
- Goodell may have lost Bob Kraft as an ally today, but he isn’t going anywhere, Adam Beasley of the Miami Herald tweets. Beasley posits that he couldn’t have made such a bold move without gauging the support of the league’s 31 other owners.
- At this point, the Bills are the only AFC East team that will directly benefit from Brady’s suspension, Armando Salguero of the Miami Herald tweets. The Bills now only face Brady once while the Dolphins and Jets have to deal with him twice.
- Giants quarterback Eli Manning told reporters, including Paul Schwartz of the New York Post (on Twitter) that he is “in no way…glad to see this happen.” However, he added that, “If someone’s breaking the rules I understand you’re gonna get punished for it,” (link).
- The cynic in Beasley (link) wonders if the NFL waited until after this year’s draft since the Pats will probably be picking higher than No. 32 next year.
