Judge in 'Deflategate' says Tom Brady suspension in jeopardy
Aug. 12, 2015: New England Patriots quarterback Tom Brady arrives at federal court in New York. (AP Photo/Mary Altaffer)
NEW YORK – Tom Brady might have reason to practice more intensely after a federal judge made clear Wednesday that the NFL's four-game suspension of the New England Patriots quarterback over "Deflategate" is in jeopardy.
U.S. District Judge Richard M. Berman, who's been asked by NFL Players Association to void the suspension, warned a league lawyer during oral arguments that there was precedent for judges to toss out penalties issued by arbitrators in the scandal over underinflated footballs.
Berman continued to push for a settlement in the dispute — a potential result he called "rational and logical." But throughout the hearing, he also cited several weaknesses in the way the NFL handled the controversy that could become the basis for handing a victory to Brady and his union.
After the hearing, Berman met behind closed doors with both sides for more than an hour before the lawyers left court, saying the judge asked them not to discuss the negotiations publicly. If there is no deal, the Manhattan judge has said he hopes to rule by Sept. 4, six days before the Patriots host the Pittsburgh Steelers in the NFL's season-opening game.
Neither Brady nor NFL Commissioner Roger Goodell was in court Wednesday. Brady returned to Patriots practice after participating in negotiations along with Goodell and lawyers on both sides a day earlier.
The league announced in May that it was suspending Brady over allegations he conspired with two Patriots equipment employees to deflate footballs below what league rules allow to give him a competitive edge in New England's victory over the Indianapolis Colts in January's AFC championship game. Goodell, who by contract can act as an arbitrator for labor disputes, upheld the suspension, touching off the legal battle.
During more than two hours of arguments by attorneys, the judge noted other arbitration decisions have been rejected when a key witness was not allowed to testify as he asked why NFL Executive Vice President Jeff Pash — who worked on the NFL investigation — could not be questioned by union lawyers during the suspension's appeal.
Arbitration proceedings, while more relaxed than court proceedings, are still required to follow due process rules to ensure fairness, Berman said. He also suggested that the league's finding that Brady was generally aware that game balls were being deflated was too vague, noting that any reference to the Jan. 18 game against the Colts was "conspicuously absent" in a report on an NFL investigation that the league used as a basis for the suspension.
Finally, Berman said he could not understand how the commissioner opted to keep a four-game suspension over a fine or a lesser penalty seen in other cases of equipment tampering. In one exchange, he questioned Goodell's defense of the Brady punishment on the grounds that it was comparable to penalties on players caught using performance enhancing drugs.
"How is that equal to steroid use?" he asked of the deflation allegations.
"They both go to the integrity of the game," responded NFL lawyer Daniel Nash.
"Well, everything goes to the integrity of the game," the judge shot back.
It was the second week in a row the judge seemed to learn harder on the NFL in open court, though he again cautioned that he had not yet made up his mind which side would win.
Another hearing was scheduled for Aug. 31. Both Brady and Goodell have been ordered to attend.
Towards the end of the article they were talking about what Tom Brady's punishment should be or have been which was "to keep a four-game suspension over a fine or a lesser penalty seen in other cases of equipment tampering...he questioned Goodell's defense of the Brady punishment on the grounds that it was comparable to penalties on players caught using performance enhancing drugs." I found the punishment interesting because a game suspension is what caused Brady to tell equipment employees to deflate the footballs below league regulations. If they just gave him 4 more game suspensions, the chances that he is going to affect the game or team in another way is very high. A fine is the most effective way to make Brady pay the price for his mistake, but yet not effect the rest of the team if he is out for four games. If they had given him the punishment of using performance enhancing drugs, then he may either not be on the team which would affect the rest of the team or have more game suspensions. I feel the punishment given to Brady, a four game suspension, was not the right type of punishment and can harm the rest of the team more.
ReplyDeleteEmily Bobrowsky, Period 1
I very much agree with you Emily. When you mentioned that Brady might have taken performance enhanced drugs, I think the punishment that the NFL came up was the wrong one as well. I agree that the right punishment would have been to fine him and not take him off the field because he could hurt the team not being out there helping them possibly win another championship and he can't do that on the sidelines. The NFL made the wrong decision to suspend him for 4 games and if that had been another 4 games, there is half the season gone for him. NFL, shame on you.
DeleteDavis Holmes Period 5
ReplyDeleteAfter reading this article it seems very clear that Judge Berman is a bit frustrated with the NFL. For example according to the article he stated: "he could not understand how the commissioner opted to keep a four-game suspension over a fine or a lesser penalty seen in other cases of equipment tampering." When the commissioner brought up steroid use as an example of fair punishment to suspend Brady for four games he said it was, "...comparable to penalties on players caught using performance enhancing drugs." But Berman said about deflating the footballs, "How is that equal to steroid use?"
-Abby Shultz per 1
i feel Brady's punishment is uncalled for. He got suspended for 4 games which is te punishment players using receive. Brady is getting the same punishment as a player who is possibly self harming themselves for deflating a football. I feel this punishment is too strong for what people are claiming Brady did.
ReplyDeleteI do agree that this punishment is a bit too much for just tampering with equipment. The reason that this is "deflategate" has drawn so much attention is because this was a playoff game. If Brady had done this in the regular season, we would not still be hearing about it today. I still don't see why this was such a big deal. I understand that the weights of the footballs can affect the performance of a quarterback, but the Patriots had a very large victory margin and I do not believe that the Patriots would have lost regardless. Despite this not being as bad as steroid use, it does affect the "integrity of the game" and should have a one or two game suspension.
DeleteAfter reading this article and hearing about it for weeks I have a pretty good understanding of this story. Judge Berman seems to be trying to wrap his head around the idea that a player is getting suspended for deflating a few footballs and some players who are using performance enhancing drugs are getting the same exact punishment. In my opinion I totally disagree with Judge Berman, there is no differnce at all. In each circumstance one player is getting an advantage over his opponent. Lawyer Daniel Nash says,"They both go to the integrity of the game." He is completely correct and this staement absolutely proves my point. smh Tom Brady.
ReplyDeleteI believe that the league has a right to give Brady a punishment for this whole "deflategate" epidemic. However I think that Tom Brady was not given the most fair punishment as a result of his actions. As it says in the article, "In one exchange, he questioned Goodell's defense of the Brady punishment on the grounds that it was comparable to penalties on players caught using performance enhancing drugs". I am all for justice and everything but to give him the same punishment for something much more severe is not a good message to send to other athletes and fans alike. Brady and athletes using performance enhancing drugs are all getting an upper hand on their competition which is not right. However it is how severe one offense is to the other. In my opinion deflating a few footballs is better than taking illegal substances to gain an advantage. -Ryan Brown Mr. Martz (2)
ReplyDeleteI have been around football enough to understand what is going on. The league is trying to send a message to everyone around the league that this is not ok. If they were to let Brady off easy with a fine, whats to stop others from doing similar stuff and, just like Brady, winning the Super Bowl. "They both go to the integrity of the game," (Judge in Deflate Gate). Because of this, I feel that this punishment is fair.
ReplyDeleteI have heard about this deflategate thing for a while now ever since it happened. It was wrong to do what Brady had done. It was unsportsmanlike and unfair. They should just reach a decision and stick with it. It is a serious offense. Cheating to get the advantage in a serious game, like the AFC championship, shouldn't certainly not go unpunished.
ReplyDeleteI hate so say it but as a huge football fan I can't believe that one of the best in Tom Brady would do something like this. In being in football for as long as I have it is almost insane to think that one of the best could do something like this. I have to agree with the judge in this situation as for all we know it could have given them a huge advantage in the title game. Even though a four game suspension seems long I think it could be longer as it could have totally helped them win. Can't believe that Tom Brady would do this. The judge made the correct decision.
ReplyDeleteTom Brady should not have been punished this severe. The team should've been punished not the individual player. A better punishment would've been loss of draft picks or prospects. There is no way to prove that Tom Brady knew about the deflated balls. The decision the judge made was the wrong one.
ReplyDeleteTom Brady should, as they say, "Face the music." He obviously knew about the balls being deflated. Whether he asked them to deflate them, or he didn't, there is no way he could not have not known. He is a professional athlete who throws hundreds of balls in games and practices. He should be suspended for the 4 games. Deflated balls and performance enhancing drugs are both wrong. "They both go to the integrity of the game." (Daniel Nash) Both are considered wrong.
ReplyDeleteTom Brady should, as they say, "Face the music." He obviously knew about the balls being deflated. Whether he asked them to deflate them, or he didn't, there is no way he could not have not known. He is a professional athlete who throws hundreds of balls in games and practices. He should be suspended for the 4 games. Deflated balls and performance enhancing drugs are both wrong. "They both go to the integrity of the game." (Daniel Nash) Both are considered wrong.
ReplyDeleteI've been around football for a long time and I can see this is wrong. The problem with this situation is it can relate to performance enhancing drugs because ¨They both go to the integrity of the game¨ (Daniel Nash). If they let Brady off with an easy punishment other players will think it is okay to do something similar.
ReplyDeleteJohn Fortino Per. 5
I believe Brady is guilty of deflating the footballs and should be punished,but I think that the judge was too harsh in the Deflategate case. Although Brady absolutely chose to deflate the balls, they don't have that big of an outcome on the game and I think 4 games with no pay is too severe. That is millions of dollars that Tom Brady will lose just for deflating the balls by a couple PSI.
ReplyDeleteI believe Brady is guilty of deflating the footballs and should be punished,but I think that the judge was too harsh in the Deflategate case. Although Brady absolutely chose to deflate the balls, they don't have that big of an outcome on the game and I think 4 games with no pay is too severe. That is millions of dollars that Tom Brady will lose just for deflating the balls by a couple PSI. John Charles-Period 1
ReplyDelete