Tom Brady Suspension Could Be Increased, Roger Goodell Claims In New ‘Deflategate’ Court Filing

Nightman

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That article is extremely misleading either because the writer doesn't know what they are talking about or because they simply wanted to mislead readers who don't go any further than reading headlines and maybe the first paragraph.

What the NFL claimed in their most recent filing (from Friday the 14th) is that Goodell could have increased the suspension in his role as arbitrator of the Brady appeal. Ignoring the fact that not a single lawyer in the country thinks they would have gotten away with that (see the Ray Rice case as an example of how well that worked for them), their own filing admits that the time to increase the suspension has come and gone.

Sorry, but it isn't something that could still potentially happen.

That is just your interpretation. The Court could vacate the suspension on some technicality and send it back to Goodell, just like Doty did with Peterson.

The NFL is saying that Goodell's powers under the integrity of the game clause are pretty limitless and if he found new evidence he could increase the suspension. Appeals aren't some kind of automatic reduction, even at this point. Brady's agent's texts are pretty close to being adjudicated. If you can't challenge the refs publicly, you can't challenge Goodell and the League either.
 

Rogah

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That is just your interpretation. The Court could vacate the suspension on some technicality and send it back to Goodell, just like Doty did with Peterson.
Yes, as I noted in a later post, the only way they could increase the suspension is if Brady actually wins in court and the current punishment is vacated and the league comes back with something even stricter. Technically it's possible, but realistically there isn't a chance in hell that this current punishment gets vacated only to be turned into something worse. In fact, I'd love to see them try it.

However, that's not what the writer of this article is talking about here. The inquisitr.com article says:

"The assertion that Goodell has the authority to increase Brady’s penalty could be seen as a power-grab on the part of the NFL commissioner — an implied threat to Brady that if he doesn’t drop his legal action now, he risks a more harsh suspension, possibly five or six games, if he loses in federal court."

The writer does not know what he is talking about. If Brady loses in federal court, then the league cannot increase the suspension. That's not my "interpretation." That's settled law. Furthermore, the league isn't even arguing that they can increase the penalty all this point. All this is is some writer I've never heard of at some website I've never heard of misinterpreting footnote 4.

Sorry, but you can't announce a punishment, file a motion to confirm that punishment, win the court case (thereby getting the motion to confirm the punishment), and then change the punishment after the motion to confirm is granted. The very idea is absurd.
The NFL is saying that Goodell's powers under the integrity of the game clause are pretty limitless and if he found new evidence he could increase the suspension. Appeals aren't some kind of automatic reduction, even at this point. Brady's agent's texts are pretty close to being adjudicated. If you can't challenge the refs publicly, you can't challenge Goodell and the League either.
No, what they are saying is that he could have done that as a ruling following the arbitration hearing of June 23. They are not claiming that he can still do it now. Footnote 4 reads as follows (all emphasis mine):

"Notably, the Commissioner had the authority to increase the discipline based on the evidence presented at the hearing. The CBA provides that, in appeals of fines imposed for
unnecessary roughness or unsportsmanlike conduct on the playing field with respect to another player, the discipline “may only be affirmed, reduced, or vacated by the hearing officer, and may not be increased.” See CBA Art. 46, Sec. 2(d) (“Decision”). The CBA imposes no such limitation on the Commissioner’s decision in appeals such as this one involving discipline imposed under Article 46, Section 1(a) for conduct detrimental to the integrity of the game
."
 

big dog cowboy

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Sorry, but you can't announce a punishment, file a motion to confirm that punishment, win the court case (thereby getting the motion to confirm the punishment), and then change the punishment after the motion to confirm is granted. The very idea is absurd.

So is the fact the discussion about this subject has been going on every day for 7 months.

Brady should have paid the $25,000 and went on with his life.
 

Staubacher

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My statement in this particular thread wasn't in defense of anything.

I'm just correcting the flaw in the article because people in here seem to think the writer of that "inquisitr.com" article knows what he was talking about when he really has no clue.

You would be the authority on that. Takes one to know one and all...
 

LittleBoyBlue

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That is just your interpretation. The Court could vacate the suspension on some technicality and send it back to Goodell, just like Doty did with Peterson.

The NFL is saying that Goodell's powers under the integrity of the game clause are pretty limitless and if he found new evidence he could increase the suspension. Appeals aren't some kind of automatic reduction, even at this point. Brady's agent's texts are pretty close to being adjudicated. If you can't challenge the refs publicly, you can't challenge Goodell and the League either.


So, this "tactic" could actually backfire on Brady and pats? Lol that is funny!




Yes, as I noted in a later post, the only way they could increase the suspension is if Brady actually wins in court and the current punishment is vacated and the league comes back with something even stricter. Technically it's possible, but realistically there isn't a chance in hell that this current punishment gets vacated only to be turned into something worse. In fact, I'd love to see them try it.

However, that's not what the writer of this article is talking about here. The inquisitr.com article says:

"The assertion that Goodell has the authority to increase Brady’s penalty could be seen as a power-grab on the part of the NFL commissioner — an implied threat to Brady that if he doesn’t drop his legal action now, he risks a more harsh suspension, possibly five or six games, if he loses in federal court."

The writer does not know what he is talking about. If Brady loses in federal court, then the league cannot increase the suspension. That's not my "interpretation." That's settled law. Furthermore, the league isn't even arguing that they can increase the penalty all this point. All this is is some writer I've never heard of at some website I've never heard of misinterpreting footnote 4.

Sorry, but you can't announce a punishment, file a motion to confirm that punishment, win the court case (thereby getting the motion to confirm the punishment), and then change the punishment after the motion to confirm is granted. The very idea is absurd.
No, what they are saying is that he could have done that as a ruling following the arbitration hearing of June 23. They are not claiming that he can still do it now. Footnote 4 reads as follows (all emphasis mine):

"Notably, the Commissioner had the authority to increase the discipline based on the evidence presented at the hearing. The CBA provides that, in appeals of fines imposed for
unnecessary roughness or unsportsmanlike conduct on the playing field with respect to another player, the discipline “may only be affirmed, reduced, or vacated by the hearing officer, and may not be increased.” See CBA Art. 46, Sec. 2(d) (“Decision”). The CBA imposes no such limitation on the Commissioner’s decision in appeals such as this one involving discipline imposed under Article 46, Section 1(a) for conduct detrimental to the integrity of the game
."



"The defense is strong in this one"






So is the fact the discussion about this subject has been going on every day for 7 months.

Brady should have paid the $25,000 and went on with his life.

Wait... I thought that was a joke?
 
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