Judge Berman Got It Right In Deflategate Case

Tom Brady New England Patriots
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Hallelujah. Finally, someone got it right.

By no means is the Deflategate scandal over, but Judge Richard M. Berman’s decision to vacate New England Patriots quarterback Tom Brady’s four-game suspension finally brings to light the real facts of the case and mishandling of the process by the NFL and commissioner Roger Goodell.

I still have no idea if Brady was involved in the deflation of footballs, or if there was any type of deflation in the first place. Now, just how the majority of NFL players, owners and fans concluded that Brady was guilty after the NFL initially misled the public, all of New England will state Brady was innocent of any wrongdoing after Berman’s ruling.

While the truth may never be known, let’s go through where the NFL and Goodell look nefarious during this process.

After the Patriots’ 45-7 dismantling of the Indianapolis Colts, the NFL leaked out false information following the AFC Championship Game that 11 of 12 footballs the Patriots used in the first half were underinflated by about two pounds per square inch, while the Colts’ footballs had no such problem. After Ted Wells‘ one-sided report came out, it became clear that this was false information and that some of the Patriots’ balls fell under the limit, as did a few of the Colts’ footballs. Wells also decided to use some of game referee Walt Anderson’s recollections, but decided against using his recollection of what gauge he used. If Wells went with Anderson’s recollection, the Patriots’ footballs would have fallen within the expected range and the NFL’s case would’ve been over.

In addition, with no direct proof Brady knew of any scheme, how could the NFL suspend him? Instead of admitting they didn’t have enough to suspend Brady, Goodell dug in, refusing to admit lack of proof, and deciding to stand behind a false leak and Wells’ flimsy findings. To top it off, the NFL didn’t correct the known false report and Wells cherry picked information to fit the NFL’s narrative. When this kind of Machiavellian behavior happened, the NFL lost all credibility.

Then during Brady’s appeal, the NFL didn’t provide their filings to Brady’s legal team and failed to make NFL general counsel Jeff Pash, who co-authored and edited the Wells Report, available for questioning. So, while Goodell continues to bark about how he’s doing what’s best for the integrity of the game, he obviously doesn’t believe in the integrity of due process.

Let’s also think long and hard about the fact that we’ve been discussing for nearly eight months whether or not there was a little less psi in the footballs during a 38-point butt whoopin’.

History dictates that if Brady cheated, he should have been fined, and we could’ve all been spared of this endless nonsense.

In 1994, the league sent a letter to teams warning of a possible $10,000 fine for anyone to have doctored a football. In 1998 the league increased the fine to $25,000. To make Brady’s suspension more unfair is the fact the NFL fined the San Diego Chargers $20,000 when a member of their equipment staff failed to surrender towels that included an adhesive substance. Then, during Week 13 of last season, the NFL warned the Minnesota Vikings and Carolina Panthers to “stop it” when the referee discovered that they were both illegally heating footballs during a cold-weather game. Where was Goodell’s overwhelming need to protect the integrity of the game during these cases of tampering with footballs?

Much has also been made of Brady destroying his phone, and I’ll admit it isn’t a good look for him. However, the NFL had every text Brady sent to locker room attendants John Jastremski and Jim McNally. And why would Brady be confident the NFL wouldn’t leak any information gathered from his phone, when this entire overblown story began because of a misleading leak from NFL offices?

While Goodell and the NFL will appeal Berman’s decision, at least the public now gets a good look at how misleading and shady this entire case has been from the very beginning.

Sorry Goodell, when you’re trying to smear a player’s integrity and name that he’s worked thousands of hours to build, you better have more than “more probable than not” or “generally aware” as the foundation of your case.

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