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Old 09-08-2015, 06:09 PM   #1009
Tyrone Slothrop
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Join Date: May 2004
Posts: 32,939
Re: No Faith in the Moral Standards of the Players as a Group

Quote:
Originally Posted by ThurgreedMarshall View Post
I hope you talk like this in real life so everyone can instantly experience what a douche you sound like.
Wait a second, I'm going to write this down. The guy who repeatedly makes crass and uncalled-for oral-sex metaphors is telling me I sound like a douche. Got it. Go on.

Quote:
The arbitration could have been fair if Goodell hadn't appointed himself hearing officer in "any appeal." Are you saying that if he had given Brady notice that he could be suspended for cheating, granted Brady access to the investigator and the notes, that he could have then appointed himself hearing officer and shut it down after patiently listening to all of Brady's evidence?
Yes. The court notes that issue on pages 11-12 of the decision, and quotes Goodell addressing the point on page 16. I don't see anything in the legal discussion that says that Goodell couldn't serve as the arbitrator. And Berman suggests otherwise when he points out that "[A] 'principal question for the reviewing court is whether the arbitrator's award draws its essence from the collective bargaining agreement....'" (page 19). As we all know, the NFLPA expressly agreed to this.

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I honestly think you're looking so hard to find something that reads well for Brady that you think this means something.
I have never doubted your honesty.

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Goodell was definitely making it up as he went along. But to stand before a judge and say, "I had NO idea that cheating of this type would be punished," is nonsense. You can argue that the number of games is without precedent (and Kraft (and I'm sure Brady) was ready to accept a shorter suspension) and Berman wouldn't have been wrong to reduce the suspension. But to say that you weren't on notice that you would be punished for participating in a cheating scheme, but the coaches and GM were, is just plain absurd.
Three things:

1. When you read the discussion of notice, you get the sense that what's really being addressed is whether the amount of punishment is proportionate with other decisions made by the NFL. Or at least I do.


2. As to the facts of what Brady did, you've said I'm looking hard for something positive for Brady, but I think it's pretty clear from a close reading of the text:
Berman quotes the NFL as saying that Goodell suspended Brady "for having approved, consented to, and provided inducements in support of a scheme to tamper with game balls." Page 26. Having noted the league's argument, Berman rejects it by instead discussing what's in the Wells Report. Berman then says that the Award "rel[ies] upon the Wells Report finding that Brady was 'generally aware' of the alleged ball tampering misconduct of the Patriots equipment staff." Further down on page 26. Thus, Berman addresses whether Brady had notice that "'general awareness' of others' misconduct -- which is the principal finding in both the Wells Report and the Vincent Letter" -- as prohibited. Top of page 27. I think it's clear from this that Berman has little regard for the supposed facts that Brady did something wrong, for the following reasons: (1) Without any evident factual basis, the NFL recharacterized what Brady supposedly did over time, and Berman pointedly deals with what's in the Wells Report, not what Goodell later said. If Berman weren't skeptical of the NFL's version of the facts, he would credit what Goodell said in the Award, not what's in the Wells Report. (2) The Court expressed skepticism of the concept of general awareness, first at the hearing and then in footnote 16, page 25, and by putting it in scarequotes.

3. Anyhoo, as to your point that Brady should have been on notice that he would get in trouble for 'cheating of this type," of course Berman points out that the Player Policies said that league discipline would be imposed for equipment violations, and that "first offenses will result in fines." See top of page 28. Brady didn't see he didn't think he could be punished, he said the punishment was not per league policy.
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“It was fortunate that so few men acted according to moral principle, because it was so easy to get principles wrong, and a determined person acting on mistaken principles could really do some damage." - Larissa MacFarquhar
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