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Brady, the Cardinals and the opener

Posted by Darren Urban on May 23, 2016 – 9:32 am

When Tom Brady’s four-game suspension — the one that would ostensibly keep him from playing the Cardinals at University of Phoenix Stadium on Sept. 11 — it was hard to figure that Deflategate was actually over. And it’s not.

Brady waited until the last possible moment, but he and the NFL Players Association have exercised their right to ask the Second Circuit U.S. Court of Appeals to hear his case en banc. That means Brady is appealing for the entire group of Second Circuit judges (13 judges) to hear the case as a whole, rather than the three-judge panel that ruled against him, 2-1.

Without getting too deep in the legal muck, how this impacts the Cardinals is fairly simple. While there is no timetable in which the judges must answer Brady’s request for a rehearing, if it is granted, the suspension is automatically put on hold. So if there is a decision between now and Sept. 11 to grant the rehearing — and it would likely take months for a rehearing to then take place — Brady is going to play against the Cardinals. If he is denied the rehearing, Brady won’t play that day.

It’s important to note that the Second Circuit chooses to hear en banc less than one percent of the cases it is asked to hear in that format. The odds are against Brady. There is still an appeal-to-the-Supreme-Court option for Brady down the road if he so chooses, but that too would be a long shot.

Tom Brady


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Posted in Blog | 31 Comments »


31 Responses to “Brady, the Cardinals and the opener”

  1. By DTL on May 23, 2016 | Reply

    Brady has good chance of full circuit court hearing. Two pronged,
    1) possible abuse of discretion/error in process by one panelist on 1st review, who commented in ruling on Brady’s motives in destroying phone (he had no duty to preserve, had legitimate interest n preventing discovery of multitude of private data on that phone, the judge didn’t consider and instead did virtual de novo determination on that, which was not subject matter of appeal nor a proper inquiry imo); and,
    2) the full court may have interest on considering the labor relations contract which has unusual structure and by its nature subject to risk of abuse by commish, esp here where “fact finding” was inconclusive, lacked thoroughness, and when set up to entrap, the testing must be beyond fair, instead was nexplicably inconsistent… not only Brady may get the hearing, he is likely to win
    Finally, I’m biased, want to see Giselle come out for the game, see Carrie sing it, want to see Brady get his ass sacked by Chandler and Nke! Lol. #SB51

  2. By Kurt on May 23, 2016 | Reply

    Sincerely hope the Cardinals get a chance to flex their muscles against Tom Brady and his revamped offensive line.

  3. By Scott H on May 23, 2016 | Reply

    Certainly not surprised by the appeal…..knew that was coming. Turns out that the Cardinals – and 3 other teams – may benefit this year from the suspension that was supposed to have been last year. And ya won’t get any complaints from me.

    This whole thing has been an interesting process, to say the least. Seems like neither Goodell or Brady want to accept defeat in this battle. Picking a side in that race seems about as appealing as the pending presidential election ( ugh ), but…..I guess I’ll root for Goodell because if he wins, Tom Brady will not be playing in Week One.

  4. By Dr. G. on May 23, 2016 | Reply

    The bottom line – proving again there are seriously too many parasitic (($$$)) “”litigating”” lawyers in this country creating excuses for everything just for the sake of expensive argument…! Brady is the pawn here.

    If Brady gets the hearing and it proceeds, he may still lose and then not be available for the Post Season…such a ridiculous ambition…wishing in one hand and…well you know the rest.

    Their schedule – – Cardinals, Dolphins, Texans, & Bills… They could easily win 2 games after the Cards hand them their heads. Brady is not 99% of their team – he gets too much credit. There are 52 other men behind their success every year.

    For example – – if we lost Palmer, we would not go 0-4 to start the season…later

  5. By clssylssy on May 23, 2016 | Reply

    And, according to NFL.com, it seems Tyrann Mathieu isn’t making any promises about his availability either, whether it be contract related or his wanting “to take his time” coming back from his injury. Either way he’s not sounding quite as “savage” or like a future face of the franchise.
    After the lasting image left by the Cards, in that Conference Championship game,we have to win the Nationally televised opener against a full strength Patriot team to reestablish ourselves as a legit contender. In light of what’s come to light with the NFL’s slimy actions in the concussion suit, I think we can expect to see Tom in top form at U of P stadium & Im just hoping we will be up to the task, with or without the Honey Badger!

  6. By Grandpa Black on May 23, 2016 | Reply

    I can see what Brady’s point is. It’s not the first time someone le the air out of the ball. But…

    It’s the first time someone was in cahoots with the bellboys and got caught, then destroyed the evidence, then lied about it.

    It’s not the first time the Pats have been caught cheating either and to protect the integrity of the game let Brady sit. Tom B would’ve been better off taking the punishment rather than making himself look even more guilty. He says he’s protecting his rights but in actuality he’s protecting himself not them. Kraft took his punishment now it’s time for Tommy ball poacher to get his.

  7. By Lumberjack Jez on May 23, 2016 | Reply

    Hey guys do the losers have to pay court costs over in the states? Either way it goes we need to get a good win up to kick off the season. I’d prefer to play the best squads sometimes if players are missing it can have a negative impact and if players think it’s a gimme it can bite them in the arse. Seen it too many times over here in Rugby League and also in the NFL (but not as often)

  8. By clssylssy on May 23, 2016 | Reply

    We are only number 8 in the top 10 of NFL’s most talented rosters? I wasn’t surprised that Seattle ranked Number 1, but behind KC and the Vikings?? Sounds like we have a lot of work ahead to prove ourselves…again😩

  9. By CreditCard on May 23, 2016 | Reply

    I would think it is extremely difficult to effectively complete in the NFL. Each and every manager, scout, coach and player must excel at their job and coordinate their efforts so that the team can be competitive. A media circus over this never-ending topic not only makes it harder to effectively complete, but causes undue stain upon the team as a whole.

    Simply put, Tom Brady is putting his image ahead of his team

  10. By Eazy E on May 24, 2016 | Reply

    I want to see us vs. Tom Brady and those Patriots, not Jimmy Garoppolo and the Patriots! I want us to compete against the best Patriots team! We are going to be good if we stay healthy and have a chance to win it all and they do too! It will be a doozy if Brady’s there! Besides, he’s getting suspended for allegedly ”flattening” footballs as if they make that big a difference! Don’t fault him for trying to get a leg up on the competition especially since it’s not against the rules!

  11. By Hammy on May 24, 2016 | Reply

    I got that feeling that Cardinals fans are rejoicing and rooting for Brady to not play against us. I want him to play because he is one of the best quarterbacks in the league. The better competition we play, the better we get as a team. So for those fans who want Brady to miss this game,shame on you, shame!

  12. By Rick Chancellor on May 24, 2016 | Reply

    If Brady had the ball lightened up. Then the center knew, The running backs knew, and the receivers knew. Everyone that touched the ball knew. They are all guilty.

  13. By faster on May 24, 2016 | Reply

    i`m split, about brady, i do believe, he knew about the deflated balls, but i also believe, that the fine was way out of bounds, 25.000 USD against draft picks, 1 mio USd and 4 games for brady, that was mannings and goddells try to extort the patriots (and subsequently punish him for resisting).

    about the first game, i would like the team beat the pats, with or without brady, and i know, with brady it will be a lot more difficult.

    maybe a 1 game suspension would be fine,😉.

    and i believe, our team is able to beat them with brady.
    30 to 21.

  14. By Scott H on May 24, 2016 | Reply

    clssylssy –

    I have not seen whatever rankings you have for the most talented rosters in the league. Hey,…whatever. For me,the more important list would be the BEST COACHED teams in the NFL, and THAT is where the Cardinals truly separate themselves from the maybe a very small handful of teams. Under Arians, I have heard many express that they believe the Cardinals are the best coached team in the NFL.

    You mention the Vikings and Chiefs….and I don’t even know their rosters well enough to comment on that. But even though I have much respect for Andy Reid, those teams are NOT as well-coached as the Cardinals are. And that is the difference. Talent is one thing. How well it is prepared for and coached on game day is another.

  15. By DTL on May 24, 2016 | Reply

    Its less about Brady (reasonable people can differ whether in fact he was involved, I can be cinical, but doubt it after reading, the transcripts, watching interviews, but admittedly, its just a WAG), its more about the Rule of Law, due process and fairness. I get why players union didn’t fight for independant arbitrator under their contract, because they got paid, big $$. But every contract, under Federal or state law, has implied a covenant of good faith and fair dealing. The NFL league office abused that covenant early and often in process with Brady, it was an entrapment gotcha, done sloppily, unprofessionally and unfairly.

    That is why the case matters. Just cant have people in positions of power abuse that power or carelessly administer that power. Overall, I’m in the minority re the Commish, I think he’s been outstandng. The league is the best its ever been. But he screwed up on this one. Btw, no, the loser does not pay costs or fees, its addressed by the union contract. In paying their own, each (Union and NFL League office) could run up upwards of $7-8M before this one is done. I am not informed how much Brady personally and how much The Pats will incur, but in millions too. Giselle may need to take on a new gig…

  16. By clssylssy on May 24, 2016 | Reply

    Scott…go to NFL .com and there is an article “The Ten Most Talented Rosters in the NFL” . Last season the Cards were considered to have the most talented roster on both sides of the ball, just say’n it seems we’ve fallen whether it was our showing in the Conference Championship, the loss of the “no fly zone” our weak (unhealthy) secondary or what, we have real work ahead. I’m from KC, my family still has our season tickets but I know the Cards are better! This isn’t about the coaches although that Conference game wasn’t exactly a ringing endorsement for our coaches either! I like BA, impossible not to, and want to see him take this team to a SB win, just like Larry and Carson.
    I see where Freeney is visiting the Bengals and I don’t even want to think about having to face him AND Dansby in the playoffs; they may be old but they know how to win!

  17. By Kevin S Mesa on May 24, 2016 | Reply

    I haven’t followed Deflategate too closely, but the one reason I believe that Brady had to be involved at some level is that Kraft accepted the punishment of the league. $1M and, more importantly, two draft picks, including a first-rounder. I really don’t think that happens if the team and Brady were completely innocent. It was really a form of plea bargaining (although more of a one-sided attempt at a plea bargain, in that Kraft obviously thought that by taking the punishment, the league would either not punish Brady, or punish him less). Making the analogy to a criminal case, plea-bargaining is something that the innocent rarely do.

    Exactly what happened, I have no idea, but the Patriots’ acceptance of the punishment is pretty damning IMO.

    As far as the relevance of the case, while DTL is correct that there is a potentially fundamental issue about due process and fairness here, the reality is that the federal courts are pretty overwhelmed. While the broader issues of the case could be interesting, at the end of the day, the practical impact of the case is only to determine whether or not Tom Brady gets suspended for four games for allegedly participating in a scheme to deflate footballs. The courts turn down en banc requests on much weightier matters every day. I’d be surprised if they rehear this one. If they deny the rehearing — which usually happens not too long after the request — then Brady has to appeal to the SCOTUS, and I think, again, there’s no way they grant certiorari… Roberts doesn’t want to wade into Deflategate.

    I’d say it’s looking grim for Brady, but whether this gets resolved before September, which is what we care about as Cardinals fans, I have no idea.

  18. By Patti Bond on May 25, 2016 | Reply

    Brady for the Pats probably out for first 4 games, we shall see? The big question here is WHY do judges and courts always seem to get involved making decisions in pro football NFL and not other pro sports like the NBA, MLB, NHL, NASCAR, GOLF, etc. These are pro SPORTS and should not be involved with the federal government making decisions and rules like they do but ONLY for the NFL, why??? That is why pro sports have commissioners that get paid well for doing their jobs without the federal judges and courts!

  19. By Dr. G. on May 25, 2016 | Reply

    Clssy – – You got lots of resistance on your Matthieu post, and stating only facts, so it demos the emotional ties from his fans. I am in Keim’s corner in this negotiation. It took until the 2nd year for Ty to be near his best after that awful knee injury. There are no assurances going forward, only promise of hope. Any deal needs to address that.

    Another item:: Tyrann is a fantastic baller, but the emotional assumption for him to become the Face of our Franchise is flawed. Performance on the field does not automatically bestow that title. He wants to post freely his opinions without considering consequences…as in the reactionary “”hating a** coward”” comment that brings his own death threats. He does not possess the savoir faire yet…lots more polishing needed that he may resist.

    “”Faces”” like Fitz are uncommon tying on-the-field prowess with reasonable public sensibility. There are others on the team, or perhaps a future player may be anointed. Meanwhile, men like Keim & Fitz & Calais are well suited…later, CARDS FANS

  20. By Dr. G. on May 25, 2016 | Reply

    KMesa…Yes, this entire 13.5lb football air pressure is ridiculous, but if it falls within the rules, everyone in the entire NFL has agreed to comply. This is not a criminal case. If it were, the “”obstruction of justice”” issue would be a big criminal problem for Brady in that he destroyed his phone texts etc. That is why the penalty has been reinstated…looking guilty..!

    It could be considered to revisit the rules for pressure so QBs, kickers, punters, and others could customize as they wished. The NFL//NFLPA has decided otherwise…later

  21. By kevamaral on May 25, 2016 | Reply

    Brady will win the appeal. Up until now, his defense team was addressing some of the most important issues, albeit, with a singular goal in mind…to establish the abuse of power by Goodell. They figured once they had that accomplished, the Second Circuit Court of Appeals would affirm Judge Berman’s ruling on that basis.

    It was a long shot for the defense, mainly because Brady’s defense team was focused more on affirming their own interpretation of the CBA, than on actually attacking the NFL’s abuse of process in relation to how it would impact all union workers nationwide.

    Ironically, this approach actually made it seem like they were avoiding defending Brady vs the biased process which Goodell used to “convict” Brady. In turn, this tended to look as though Brady’s team was trying to pull the wool over the court’s eyes.

    To make things worse, Judge Denny Chin exposed his personal inadequacies, by revealing his own predetermined verdict in the matter…without even bothering to delve into the erroneous behavior of the NFL front office throughout the “independent” investigation and subsequent proceedings, which took place before deflategate found its way to federal court.

    The moment Chin said the evidence was “compelling, if not overwhelming”, several things became crystal clear.

    First, it showed that Chin was going to find in favor of the NFL…this was immediately obvious after that comment became public knowledge.

    Second, Chin’s comment also made it blatantly obvious that he had little, if any, knowledge of deflategate, apart from the information that could easily be misconstrued by reading the headlines, exclusively. Chin couldn’t possibly have taken that stance, justifiably, if he had been paying attention and reading beyond the headlines.

    The NFLPA was far less concerned with attacking the process on Brady’s behalf, than they were focused on upholding the protections afforded all NFL players in the CBA. By doing so, it appeared to many people that this was simply a matter of footballs being tampered with and a player attempting to circumvent the rules..which made it very easy for people to disregard the details of the case. Many still feel Brady is guilty of “something”, although, not one person can provide a single piece of convincing evidence.

    Being that the court has not attempted to dig into the evidence used by (and manipulated by) Goodell to reach his determination, since this is a matter of collective bargaining and labor laws from their viewpoint, their only recourse has been to address those issues, exclusively.

    The Second Circuit Court of Appeals failed to consider the far-reaching implications of their majority, 2-1 decision, by overturning Berman’s vacation of the Brady suspension and fine.

    Berman’s order to open the transcript (from Brady’s appeal and Goodell’s affirmation of his original finding) to scrutiny in the name of transparency, becomes much more important to the defense, at this point.

    That transcript revealed a blatantly unfair process in which Goodell used many underhanded tactics to skew public opinion, evidence, and testimony in the NFL’s favor, including (but not limited to):

    A) Lying about Brady’s testimony during the closed-door hearing, when he voiced his reasoning and ultimate denial of Brady’s appeal.

    B) His stance that the Wells investigation was independent, despite knowing that NFL Co-counsel, Jeff Pash, had edited the Wells Report before its release to the public.

    C) His standing by the Wells report, as a reliable source, for determining Brady’s penalty, if any.

    This, despite the fact that Exponent (the organization which failed to accurately depict the science upon which Brady’s penalty was “justified” by Goodell) skewed experiments and numbers, to make it appear as though most of the Patriots’ footballs were conspiratorially below the threshold expected by use of the Ideal Gas Law to determine how much of an impact nature had on the balls found to be below the 12.5 psi minimum threshold allowed by NFL rules. Goodell’s reliance on the pseudoscience, found in the Wells Report, as evidence of ball tampering which has since been debunked on many levels, shows that Goodell and the NFL front office neglected to consider the ramifications of depending on faulty science to reach the conclusions they came to.

    These are just a few of the numerous deceptive tactics Goodell either used himself, or approved of, for use by members of the investigative team, the NFL legal team, and the NFL front office.

    As matters of CBAs and labor laws, the crucial point of emphasis for Brady’s legal team always should have been focused on the process.

    Instead, before the current appeal had been filed, the focus of the NFLPA was on whether or not Goodell had overstepped legal boundaries in an abuse of the actual power afforded him by the CBA vs Goodell’s interpretation of his power, as vaguely stated in the CBA.

    Now, however, the tables have begun to turn, simply because the newest members of Brady’s defense team have placed the emphasis of their stance on the abuses of power enacted by Goodell, as they would impact labor laws and collective bargaining, across the board.

    Even if the court finds that Goodell did not overstep legal boundaries by interpreting the power he is granted in the wording of the CBA, as he claims, the court will still vacate the Brady penalty on grounds of the unfair process Goodell used to formulate his determination.

  22. By Darren Urban on May 25, 2016 | Reply

    Kevamaral —

    RE: Brady

    You forgot tl;dr.

  23. By kevamaral on May 25, 2016 | Reply

    I’m not sure what you are saying or meant by “tl;dr.”

  24. By kevamaral on May 25, 2016 | Reply

    My guess is auto-correct murdered your statement lol

  25. By Dr. G. on May 25, 2016 | Reply

    Darren…Got it. Good one… We always had the unabridged 10 pounder on the coffee table… I miss it. This must be a cut & paste effort…later

  26. By clssylssy on May 26, 2016 | Reply

    DrG…at last we agree on something, sort of,I think.
    “The Face of the Franchise” is not something the marketing department dictates really but more a status that evolves through a period of time (more than just a few years) through the association of a great player and a team. If you think about it, there aren’t that many anymore besides Fitz and Brady since few players are with a team long enough to be identified as such.
    And, I have been a Tyrann Mathieu fan since his days at LSU, love his ball hawking skill set but simply was looking at his viability as a long term investment and hope Keim can find a solution for creatively structuring a deal. I want to see the HB in Cardinal Red but feel this organization has contributed to his having a future more than his agent is taking into account.
    I almost predicted this when the Panthers cut Josh Norman loose and he got a desperation King’s ransom from Washington.

  27. By kevamaral on May 26, 2016 | Reply

    Not at all, Doc. It’s the result of diligent legwork, but thanks for the compliment.

  28. By Walter H Richters on May 31, 2016 | Reply

    I actually prefer for Brady to play us. We will win either way. It would just be so much fun to see Chandler knocking down Tom Brady.

  29. By kevamaral on Jun 1, 2016 | Reply

    Just thought I’d stop by and address Darren’s “TL;DR”…that’s a great way to show your hand as being “I don’t really care about the subject I’m writing about, but hey….I’ve got bills to pay, too.”

  30. By Darren Urban on Jun 2, 2016 | Reply

    Kevamaral —

    RE: Brady

    I care about the subject I am writing about. Why you would pick a comment section on a blog — a Cardinals blog, by the way — to write an opus of the legalese encompassing Brady’s situation is beyond me. There are many outlets that have already addressed such a thing (many of them much more succinctly) and frankly, it’s too much detail. I’ll show you statistics about how posts the length of your writing are usually not read.

  31. By Walter H Richters on Jun 6, 2016 | Reply

    PLEASE LET BRADY PLAY AGAINST US!! We will help him eat a little humble pie. Now that it is such an issue, I don’t want them to have any excuse when we beat them. JMHO

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