Attorneys for Patriots QB Tom Brady and the NFL yesterday returned to court for another hearing on Deflategate, and the "fact that the two sides were still arguing their case in court showed that they were no closer to reaching a deal to reduce or eliminate Brady’s four-game suspension, raising the possibility" that Judge Richard Berman "will have to rule on the matter," according to Ken Belson of the N.Y. TIMES. If Berman "vacates the NFL's ruling, Brady will be free to play in the season opener" Sept. 10 against the Steelers. But if an appeals court "overturns that decision, Brady could end up serving his suspension later in the season." Brady yesterday "appeared to get the upper hand" in the case, as Berman "peppered a lawyer for the league with questions" (N.Y. TIMES, 8/20). ESPN’s Adam Schefter said Berman noted "there are strengths and weaknesses on both sides, but he certainly seemed to be prodding and poking at the NFL, at the validity of some of their procedures, and it sounds like he is trying to soften up the NFL to try to get them to settle" (SportsCenter," ESPN, 8/20). But FS1's Mike Garafolo said to "assume Berman is siding with Brady at this point could be a mistake" ("Fox Sports Live," FS1, 8/20).
NEXT MOVES: ESPN's Sal Paolantonio cited a source as saying that if the appeal "is not settled and Berman has not ruled on the case, Brady's suspension would be scheduled to start" on Sept. 5, "pending any legal action." Meanwhile, ESPN's Schefter cited sources as saying that as of now, there are "no more settlement talks planned" between the NFL and NFLPA before the Aug. 31 court appearance (ESPN.com, 8/19). PRO FOOTBALL TALK's Mike Florio noted if Berman "doesn’t issue a ruling" before Sept. 10, that "doesn’t mean Brady automatically will miss the regular-season opener against the Steelers." At some point, Brady and the NFLPA "will ask for a court order preventing the NFL from implementing the suspension" until Berman rules. That means Berman "likely would be inclined to issue [an] injunction that lets Brady play until he rules" (PROFOOTBALLTALK.com, 8/19).
NOT GOING NFL'S WAY: In Boston, Bob McGovern writes the Patriots' blowout win over the Colts in the AFC Championship "was a loving embrace compared to the brutal beatdown the NFL is taking during the ongoing Deflategate litigation." Berman and Brady's attorney, Jeffrey Kessler, "ganged up on the league's attorneys and pointed to gaping holes in their case" (BOSTON HERALD, 8/20). Also in Boston, Karen Guregian writes NFL Commissioner Roger Goodell and his team are "down on the mat and pretty close to being knocked out the way these proceedings have gone" (BOSTON HERALD, 8/20). YAHOO SPORTS' Dan Wetzel wrote Berman "could still rule for the NFL and could just be playing Devil's Advocate," but yesterday "sure didn't feel that way" (SPORTS.YAHOO.com, 8/19). In N.Y., Mike Lupica writes even if Berman "sides with Goodell in the end, all that really happens is that the NFL commissioner manages to stop a four-case losing streak in court, which might be a world’s record for a guy with a job like his." Berman has "become the real star of this reality series" (N.Y. DAILY NEWS, 8/20).
WILL LEAGUE BACK OFF? SI.com's Michael McCann wrote it is possible that Berman’s critical remarks about the NFL’s process "could cause the league to back off its apparent insistence that Brady admit to participating in a ball deflation scheme." Brady has "little incentive to make such an admission" (SI.com, 8/19). PRO FOOTBALL TALK's Florio noted Berman at some point "may have to unleash a barrage of tough questions" on Kessler, in the hopes of "softening up Brady’s position." But that would happen "only after the NFL softens its stance." Still, there is a "chance the NFL (or Brady) will ultimately choose to roll the dice on a ruling from Judge Berman, and then take their chances in the U.S. Court of Appeals." This would "only prolong the process" well into '16. The one way to "end the case in the near future would be to settle it" (PROFOOTBALLTALK.com, 8/19). After yesterday's hearing, a source said of Brady, "He is not agreeing to any suspension. No chance" (ESPN.com, 8/19).
NOT A GOOD LOOK: ESPN’s Dan Le Batard said Deflategate “is now starting to get actually interesting." Both sides are "entrenched in their positions and they’re both incentivized to stay exactly where they are without moving because the NFL can’t take the credibility hit of another failed investigation without guilt and Tom Brady is saying, ‘Look, I’ll take the four games and continue to fight this because you don’t have the credibility to look like I’m actually wrong.'" Le Batard, "This has ceased about being whether Tom Brady actually did this or not or being able to prove that." The NFL is "not looking to merely punish Tom Brady." The league is "looking to be able to sustain its punishment system. That's a different cause” (“Highly Questionable,” ESPN, 8/19).
FAIR & BALANCED? USA TODAY's Jarrett Bell notes Seahawks CB Richard Sherman yesterday compared the Patriots' penalties to the roughly $2M in "lost salary Brady faces" with a four-game suspension. Sherman said, "You're fining players more than you're fining organizations. That should bring up some red flags. But nobody's talking about that" (USA TODAY, 8/20). ESPN’s J.A. Adande said, “This whole thing is coming off as an NFL chance to puff out its chest and appeal to those corners of the league that feel the Patriots need to be punished more and they’ve been getting away with a lot” (“Around The Horn,” ESPN, 8/19).
