Roger Goodell the Fool: Tom Brady to Play Week 1

Photo Credit: David Butler II-USA TODAY Sports

Photo Credit: David Butler II-USA TODAY Sports

Judge Richard M. Berman needed 40 pages to tell us what we expected to hear all along. The NFL’s four-game suspension of Tom Brady for his part – (or lack there-of) in the Deflate-Gate controversy that has been in the headlines for months has been nullified.

Judge Berman, amidst his 40 page document, gave us three main points on how the NFL shot themselves in the foot:

  1. The NFL didn’t properly inform Brady of the punishment her faced, or what he was accused of.
  2. The NFL didn’t let Brady’s camp question NFL executive and counsel Jeff Pash at his appeal.
  3. The NFL didn’t give Brady’s side the opportunity to examine the evidence against him.

The main and most significant piece of information we see in Judge Berman’s report is actually an omission. There is no decision or ruling on whether or not Brady was “more than likely generally away” of any deflated footballs.

In fact, the judge made it clear that his decision came easily on the fact that the NFL failed to properly inform Brady on the very rules they were accusing him of breaking.

Perhaps we’ll see Goodell add the “Honor Code” to the players’ handbook before the start of the 2015 season.

The whole case seemed to baffle Judge Berman, as he gave us some insightful, and sometimes humorous, takes on the case in his nullification manuscript:

  1. Notice how Judge Berman uses quotes every time he refers to the “independent” Wells investigation.
  2. Berman chides the phrase “generally aware,” saying he had “some difficulty understanding the meaning” of the NFL’s choice of phrasing.

In short, Berman ruled on the legality of the NFL’s investigation and disciplinary actions against Brady, not on Brady’s alleged involvement with the deflated footballs.

Judge Berman’s ruling is just one of many suspensions handed down by Roger Goodell that have been reduced upon external review. Other notable reductions in punishment include:

Greg Hardy – Reduced from 10 games to 4 games

Adrian Peterson – Reduced from indefinite suspension to 6 games

Ray Rice – Reduced from indefinite suspension to 10 games

Jonathan Vilma – Reduced from 16 games to 0 games

Anthony Hargrove – Reduced from 8 games to 0 games

Will Smith – Reduced from 4 games to 0 games

Scott Fujita – Reduced from 3 games to 0 games.

Keep in mind that this was an NFL hand-picked New York court. This decision was made by Goodell and the NFL group in order to keep the NFLPA and Brady’s case away from the traditional player-friendly Minnesota system.

Judge Berman also decided to weigh in on other recent NFL headlines involving Ray Rice and Adrian Peterson, citing the NFL’s “conduct detrimental” policy is “legally misplaced.” In Berman’s ruling he states:

“In both the Ray Rice and the Adrian Peterson case, the players could, perhaps, be said to appreciate that acts of domestic violence might be deemed ‘conduct detrimental.’ And yet, in both of those cases, the players were disciplined only after findings were made under the specific domestic violence policy (New NFL Personal Conduct Policy).”

The NFLPA issued a statement on Berman’s ruling shortly after the announcement:

“The rights of Tom Brady and of all NFL players under the collective bargaining agreement were affirmed today by a Federal Judge in a court of the NFL’s choosing. We thank Judge Berman for his time, careful consideration of the issue and fair and just result.

This decision should prove, once and for all, that the Collective Bargaining Agreement does not grant this Commissioner the authority to be unfair, arbitrary, and misleading.

While the CBA grants the person who occupies the position of Commissioner the ability to judiciously and fairly exercise the designated power of that position, the union did not agree on attempts to unfairly, illegally exercise that power.

This court’s decision to overturn the NFL Commissioner again should signal to every NFL owner that collective bargaining is better than legal losses. Collective bargaining is a much better process that will lead to far better results.”

And in no imagination of a surprise, ESPN’s Andrew Brandt has reported that the NFL is planning to appeal Berman’s decision.

Judge Berman’s entire 40 page decision can be seen below:

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