The NFLPA on Friday "unleashed a blistering attack on the NFL ... as it unveiled its letter of notice to appeal the four-game suspension the league handed down" to Patriots QB Tom Brady for his role in the Deflategate scandal, according to Sean Leahy of the BOSTON HERALD. NFLPA General Counsel Tom DePaso put NFL Commissioner Roger Goodell "in his crosshairs," saying that he is "inherently biased by his involvement in crafting the punishment." He added that Goodell violated the CBA "by dishing responsibility for the punishment off to his deputy," Exec VP/Football Operations Troy Vincent. The union "demanded that Goodell recuse himself as appeals officer and install a neutral arbitrator." The union wants to "question Goodell and Vincent about the circumstances that led to Goodell empowering Vincent to suspend Brady." DePaso said that the "move invalidated the ban ... because of the union’s contention that the CBA authorizes only Goodell to impose discipline for conduct detrimental to the NFL." The union also "blasted the scope of Brady’s suspension as 'unfair' and 'grossly inconsistent' with punishments delivered to players in previous cases." The NFLPA "attacked the Wells Report as 'speculative' and said the basis for the NFL’s suspension of Brady simply did not prove the charges against him" (BOSTON HERALD, 5/16).
GOODELL UNLIKELY TO STEP ASIDE: ESPN's Ed Werder cited a source as saying that Goodell is "unlikely to recuse himself as arbitrator of the case, as the league believes the commissioner's presence ensures a higher level of cooperation in the investigation than would be given to somebody else in that position." The source also said that Goodell was "looking forward to hearing Brady's side of the story." ESPN BOSTON's Mike Reiss noted as for "calling Goodell as a witness, the NFLPA stated that testimony on Goodell's decision to delegate the decision of the Patriots' punishment to Vincent is a focus." The NFLPA also "intends to call Vincent as a witness" (ESPNBOSTON.com, 5/15). In N.Y., Bart Hubbuch noted should Goodell "decide to stay on the case ... by rule he must hear the appeal within 10 days -- which, in Brady’s case, would be no later than May 25" (N.Y. POST, 5/16). ESPN’s Dan Le Batard said Goodell is "in a no-win position on this." Le Batard: "If he hears it, we make fun of him. If he doesn't hear it, he hiding from his buddy Robert Kraft” (“Highly Questionable,” ESPN, 5/15). SNY's Chris Carlin said if Goodell "stays as the arbitrator … in this appeal, we know that the outcome of it is not going to change." Carlin: "This really forces the hand of Tom Brady a little bit, and Jeffrey Kessler. Do they want to take this to court? If you take it to court, Tom Brady is going to be under oath. We know Tom Brady is guilty” (“Loud Mouths,” SNY, 5/18).
ROGER THAT: Le Batard wrote for the MIAMI HERALD that Goodell has "more reasons than ever to over-punish now." Despite his "own scandal and maybe because of it, he’s incentivized now to over-punish in protection of his own integrity and his own public relations and his own rear end." And he can "make the players’ union ... look like the bad guys for fighting on behalf of terrible martyrs in appeal" (MIAMI HERALD, 5/17). In Buffalo, Vic Carucci wrote anything "other than total validation of their findings and rulings would make Goodell look foolish." But if he "does reduce or rescind Brady’s suspension, he risks being accused of, at the least, bungling yet another case of bad player behavior and, at the very most, showing favoritism" for Brady and Patriots Owner Robert Kraft, who "has been one of the commissioner’s closest allies." Goodell’s image, still "reeling from the embarrassment of the way he handled the Ray Rice domestic abuse case, doesn’t need another hit" (BUFFALONEWS.com, 5/17). In N.Y., Ralph Vacchiano wrote Goodell "needs to recuse himself before he loses more of his allies and before he simply doesn’t have any credibility left." He is "increasingly seen as a power-hungry dictator who is content to change rules on the fly." Vacchiano: "Fair or not, there are an alarming number of players and agents who have made this personal -- it’s not the owners or the league they distrust, it’s the commissioner himself." But it is "not really about him;" it is "about his leadership and a history of discipline that the word 'inconsistent' doesn’t completely describe" (N.Y. DAILY NEWS, 5/17). In Phoenix, Dan Bickley wrote Goodell is "fast becoming" NHL Commissioner Gary Bettman, two men that are "consistently heckled and jeered in public settings" (ARIZONA REPUBLIC, 5/17). Meanwhile, CSNNE.com’s Tom Curran wrote even if Deflategate “is the iceberg that sinks Goodell, it’s his crew that put him in peril.” The “most ironic thing” is that Goodell “didn’t even know he was being set up Jan. 18 by his overzealous men in the field” as they investigated the allegations. Nobody among Goodell’s lieutenants “seemed to realize that they were running around with handfuls of pure uranium and -- by dint of their actions -- pushing an unaware Goodell out on a plank” (CSNNE.com, 5/16).
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Brady's suspension has been called "unfair" and
"grossly inconsistent" by the NFLPA |
COURT REPORT: In Boston, Ben Volin wrote Brady "likely will have a much tougher time proving victorious over Goodell" than Rice or Vikings RB Adrian Peterson if he "takes his suspension to litigation." Goodell is "certainly likely to uphold the conclusions" in the Wells Report and Vincent’s punishments, of which Goodell approved. But Brady by "all appearances ... will be fighting his punishment until the end." Brady is "more likely to use his NFL appeal to lay the groundwork for his impending lawsuit, in which they must establish a violation of 'industrial due process' -- that the discipline and appeals process was unfairly stacked against Brady." If Brady loses his appeal, he "will file a lawsuit claiming a violation of industrial due process and demanding an injunction to prevent Goodell from imposing the suspension." It is "possible that the NFLPA will file the lawsuit before the NFL appeal is complete, as it did in the Bountygate scandal" involving the Saints. Meanwhile, the chances of Brady proving victorious in court are "not very good." Before Peterson, there was "little to no precedent of an NFL player getting a suspension overturned in a court of law" (
BOSTON GLOBE, 5/17). In Ft. Worth, Gil LeBreton wrote, "Sue Goodell. Sue his pants off, Tom. ... Clearly the commissioner, emboldened by hoodwinking the players’ union into handing him deity-like powers, is making up punishments as he goes along" (
STAR-TELEGRAM.com, 5/17). But in Boston, Chris Villani wrote Brady "should accept whatever" Goodell decides and "move on." Whether Goodell "upholds the suspension, eliminates it entirely, or -- perhaps the most likely scenario -- shaves it down a bit, Brady should let that be the end of the process" (
BOSTON HERALD, 5/17).
SURVEY SAYS: ESPN.com's Darren Rovell cited E-Poll Market Research findings as showing that out of 1,000 people polled, 47% now "say they don't like Brady." An E-Poll survey taken in February, a little more than two weeks after the Patriots' win in Super Bowl XLIX, showed 32% of the respondents "didn't like him at that point." Ten years ago, the number of people in E-Poll surveys who said that they "liked Brady hovered around" 90% (
ESPN.com, 5/15). In N.Y., Bob Raissman wrote once again, the NFLPA's "ineffectiveness and lack of vision was on display" in assisting Brady. Raissman wrote of Brady, "Great, his legacy is on its way to being in shambles. Where was the NFLPA the past five months? ... The damage is done no matter what the appeal process decides" (
N.Y. DAILY NEWS, 5/16).
AIR CONTROL: In Buffalo, Jerry Sullivan wrote the Patriots’ situation "is an unholy mess, one that promises to become even more troublesome for Goodell" as Kraft, his "former pal, continues to challenge the commissioner’s authority." Sullivan: "But at least we’re talking about deflated footballs, not mayhem." Every day that "goes by without news of domestic abuse, concussions, illegal drugs, DUI or players crashing their cars into light poles is a good one for the commish" (BUFFALO NEWS, 5/17). In San Diego, Eddie Brown wrote Deflategate "was half-baked in the beginning and hasn’t improved with more time in the oven." Brown: "This was gamesmanship, pure and simple." It is "only because the Patriots are public enemy No. 1 and Tom Terrific is life’s biggest winner that this has spiraled out of control" (SAN DIEGO UNION-TRIBUNE, 5/17). The Detroit Free Press' Mitch Albom said, "The league looks overzealous, the Patriots look over-defensive, Tom Brady looks over-lawyered and the public and the media all look overly hysterical over something that’s going to be forgotten years from now” ("The Sports Reporters," ESPN, 5/17).
