Post by Admin on Sept 4, 2015 9:49:58 GMT -4
A judge ruled in his favor he could play......read more.
NEW YORK -- A federal judge erased New England Patriots quarterback Tom Brady's four-game suspension Thursday for the Deflategate controversy that the NFL claimed threatened football's integrity.
U.S. District Judge Richard M. Berman said NFL commissioner Roger Goodell went too far in affirming punishment of the Super Bowl-winning quarterback, criticizing him for dispensing "his own brand of industrial justice." Brady has insisted he played no role in a conspiracy to deflate footballs below the allowable limit at last season's AFC Championship Game.
Munson: Brady victory over arbitration unusual
An argument from Tom Brady's attorneys seemingly made only in the absence of a more powerful argument actually proved to be the turning point for the judge who ruled in Brady's favor.
Trotter: Brady decision exposes NFL's power again
In case after case, we learn repeatedly that NFL justice simply isn't in line with the standards of American justice. And this has owners questioning the guy who hands out that justice.
Why it's unlikely Patriots will look to recoup draft picks and fine in NFL's penalty
It won't appease Patriots fans, but don't expect owner Bob Kraft to fight the league on the team's penalties for Deflategate.
"As I have said during this process and throughout his Patriots career, Tom Brady is a classy person of the highest integrity. He represents everything that is great about this game and this league," Patriots owner Robert Kraft said in a statement. "Yet, with absolutely no evidence of any actions of wrongdoing by Tom in the Wells report, the lawyers at the league still insisted on imposing and defending unwarranted and unprecedented discipline. Judge Richard Berman understood this and we are greatly appreciative of his thoughtful decision that was delivered today. Now, we can return our focus to the game on the field."
Berman's ruling, however, will not end the dispute; the league appealed the decision later Thursday.
"We are grateful to Judge Berman for hearing this matter, but respectfully disagree with today's decision," Goodell said in a statement. "We will appeal today's ruling in order to uphold the collectively bargained responsibility to protect the integrity of the game. The commissioner's responsibility to secure the competitive fairness of our game is a paramount principle, and the league and our 32 clubs will continue to pursue a path to that end."
The league appealed to the 2nd U.S. Circuit Court of Appeals in Manhattan with a one-page notice from NFL attorney Daniel Nash. The league did not seek an emergency stay, freeing Brady to play while an appeals court considers the case. That could take months since the league would have to show it would suffer irreparable harm to speed up the timetable.
George Atallah, NFLPA assistant executive director of external affairs, talks about his reaction to the Deflategate ruling, the NFL's disciplinary system and how concerned he is about the league's appeal. Listen
Berman cited "several significant legal deficiencies'' in the league's handling of the controversy, including no advanced notice of potential penalties, the refusal to produce a key witness and the apparent first-ever discipline of a player based on a finding of "general awareness'' of someone else's wrongdoing.
"Because there was no notice of a four-game suspension in the circumstances presented here, Commissioner Goodell may be said to have 'dispensed his own brand of industrial justice,''' Berman wrote, partially citing wording from a previous case. He said a player's right to notice was "at the heart'' of the collective bargaining agreement "and, for that matter, of our criminal and civil justice systems.''
"The court finds that Brady had no notice that he could receive a four-game suspension for general awareness of ball deflation by others,'' the judge wrote.
In a statement, NFL Players Association executive director DeMaurice Smith said the ruling proves that the contract with the NFL doesn't grant Goodell "the authority to be unfair, arbitrary and misleading.''
"While the CBA grants the person who occupies the position of Commissioner the ability to judiciously and fairly exercise the designated power of that position, the union did not agree to attempts to unfairly, illegally exercise that power, contrary to what the NFL has repeatedly and wrongfully claimed," Smith said.
"We are happy for the victory of the rule of law for our players and our fans."
The written decision frees Brady to play in the Sept. 10 season opener against the Pittsburgh Steelers. In Las Vegas, the Patriots immediately moved from 3-point favorites to 6.5-point favorites in that Week 1 game, and the over/under total grew from 48.5 points to 51 at William Hill's Nevada sportsbook.
A Steelers source said players didn't seem happy with the decision since it came just a week before the game but at least now know which quarterback to prepare for. Jimmy Garoppolo was in line to start if Brady's suspension was upheld.
However, both coach Mike Tomlin and defensive end Cameron Heyward maintained Thursday night that they expected Brady to play all along, or at least they prepared that way.
"All along, we always thought he would play," Heyward said. "That's just the mindset."
Added Tomlin: "When you prepare to face the New England Patriots, you better prepare to play Tom Brady."
Goodell, meanwhile, won't be at the game, a league spokesman told Fox Sports. The commissioner traditionally attends the Thursday night league opener.
Reactions to Berman's long-awaited decision came quickly after it was announced Thursday morning.
The Patriots, who were fined $1 million and docked two draft picks as part of the league's initial punishment, tweeted.
