There's an old story about an attorney who has this client that is guilty as sin and the attorney knows it and has a pile of evidence working against his client. He then seeks an older attorney who was infamously known for getting his clients off despite mountains of evidence against them. The young attorney asks "how do you do it?"
The older attorney replies "when you question a witness, make sure to not question them on anything that they are experts on. Instead, question them on something that they are not an expert on. They will inevitably get something wrong as they are not an expert with regards to the question they asked. Then, use that against them. Discredit them for getting something wrong that they are not an expert in and it will discredit the case as a whole.'
As the elderly attorney explained further "if you have a ballistics expert, ask them questions on blood. If you have a blood expert, ask them questions on ballistics.'
We see something similar to this occur in high profile murder cases. Find a mistake made by the people collecting evidence on the scene and use that to discredit the prosecution's case. Sure, the defendant may be guilty as sin, but if some rookie cop didn't use the right DNA collection kit the defense will attack that and make it appear that the prosecution's case does not hold water or at the very least get that "well, if they got that wrong WHO KNOWS WHAT ELSE THEY GOT WRONG" logic going thru the jury's head.
Fortunately, I think the NFL understands what the Patriots and Brady are trying to pull probably because they've pulled the same shenanigans as well. There's undoubtedly going to be some 'expert' that will disagree with whatever the Wells Report concluded. This also happens all of the time in court cases. In fact, I watched a TV show one time where they did a mock case where they knew what actually happened and found expert witnesses that completely disagreed on what happened and it was pretty easy to see how it happens. What makes it even worse in this case is that we're talking about football and you'll get people swayed by their fanboy-ism.
In the end, the best proof is in the texts and the video tape. Unfortunately, Patriots water carriers like Simmons, King and Florio will get caught up in the Patriots' strategy of trying to discredit the case by discrediting the peripheral issues.
YR
