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Leagues and Governing Bodies

NFL, Patriots Working To Avoid Appeal, Litigation Surrounding Deflategate Sanctions

There have been "back-channel discussions going on" between the NFL and the Patriots regarding the Deflategate punishment to see if they can "come up with some type of solution" to make both sides happy, according to ESPN's Adam Schefter. If they can do that, it would "put an end to what we now know as the Deflategate controversy." But if the two sides do not reach an agreement, the Patriots would be “plotting their next move and deciding what course of action to take” (“NFL Insiders,” ESPN, 5/18). The Patriots "have until before Friday to file an appeal of their penalties" (ESPN.com, 5/18). In Boston, Ben Volin writes an appeal could give Kraft "more time to negotiate a compromise with Goodell to reduce the penalties." Additionally, Kraft has to decide if he will "take a confrontational or conciliatory approach with Goodell" (BOSTON GLOBE, 5/19). The MMQB's Peter King, who conducted the first interview with Kraft after the punishment was handed out, said, "I've never had a conversation with Robert Kraft where I felt that he had to bite his tongue as much as he had in this conversation. He was borderline Mount Vesuvius at times and he had to catch himself. This is an angry owner right now" ("PFT," NBCSN, 5/18).

PLAYING NICE?
ESPN's Schefter cites a source as saying that NFL Commissioner Roger Goodell and Patriots Owner Robert Kraft today at the NFL owners meeting in S.F. "already have met, spoke and even hugged." Both execs on Saturday also attended CBS Sports Chair Sean McManus’ 60th birthday party in N.Y. and "were spotted 'on a couch, talking by themselves for quite a long time'" (TWITTER.com, 5/19). The MMQB's King noted every media outlet from Boston and an "awful lot of reporters who cover the NFL from around the United States are going to be locked onto Roger Goodell and onto Robert Kraft in all of the public spaces, at the Ritz Carlton Hotel." King: "They're going to be watching, ‘What is the relationship? What is the reaction when the two men pass each other in the hallway?’ One of the reasons I think that a deal could be made at some point (is) because the NFL does not want this to dominate the offseason” (“PFT,” NBCSN, 5/18). In Boston, Dan Shaughnessy writes this week's meeting is "appointment TV" for ESPN, and a "media throng is here to see if former best buddies Bob and Roger are going to make nice, or dive into a steel cage." Kraft has "long been Goodell's patron saint." Shaughnessy: "Might the Krafts be able to galvanize a group of owners willing to stand up to Goodell or possibly oust the commissioner? No way." NFL owners "routinely follow Goodell in lockstep, as Kraft did every time the commissioner sanctioned other teams" (BOSTON GLOBE, 5/19). In N.Y., Bart Hubbuch wrote Deflategate has "turned an otherwise sleepy owners meeting ... into another must-see NFL event" (N.Y. POST, 5/19). 

PERSONAL PERSPECTIVE: In N.Y., Gary Myers writes Goodell is a "much better man than he’s been portrayed over the last couple of years." However, with Deflategate, not only was he "way too harsh with the punishment, but how in good conscience can he hear the appeal?" (N.Y. DAILY NEWS, 5/19). ESPN's Keith Olbermann said while Goodell contractually "can be the guy to hear the appeal" of Tom Brady’s four-game suspension, he should not "because it looks like ... a conflict of interest.” Having Goodell presiding over the appeal “makes Brady and the Patriots look like victims.” Olbermann: “Roger Goodell's insistence on being judge, jury and witness makes the Patriots look almost sympathetic" ("Olbermann," ESPN2, 5/18). USA TODAY's Jarrett Bell writes under the header, "Goodell Can't Win In Deflategate Appeal." Goodell "should do the right thing and eliminate the risk that his decision on the appeal will look like a fix." That is "certainly not a knock on Goodell's integrity." To assign the case to someone else, Goodell "apparently thinks, would shirk his responsibility." If Goodell can "salvage his relationship with Kraft and still maintain credibility as he weighs the facts -- even while the players union attacks his every move -- that might be the best proof yet of why he's paid the big bucks" (USA TODAY, 5/19). Meanwhile, in Boston, Steve Buckley writes "whatever your personal opinion of Kraft ... we can all comfortably agree that he loves the business." He is the owner who "sits down with those powerful network executives to work out those lucrative television deals." Deflategate is the "Grand Canyon of pitfalls." It is "not just about being right or wrong;" it is also about "being mindful of winning battles at the risk of losing wars" (BOSTON HERALD, 5/19).

AND WHAT ABOUT TOM? PRO FOOTBALL TALK's Mike Florio cited a source as saying that a final decision has "not been made on whether suit will be filed before or after Goodell rules" on Brady's appeal. If the litigation "happens before the appeal and if it successfully compels Goodell to step aside," Brady and the NFLPA "would get the neutral arbitrator they covet." If the union "waits on filing suit, the NFLPA would get two bites at the appeal apple, with a chance to persuade Goodell to reduce the suspension (not likely) or to wipe it out completely (entirely unlikely) before trying to get the suspension vacated by a federal judge, with a directive to re-do the appeal through neutral arbitrator." Regardless, it "seems inevitable that a lawsuit will be filed, because the chances of Goodell shrinking or scrapping the suspension are remote, at best" (PROFOOTBALLTALK.com, 5/18).

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