Tom Brady DeflateGate Saga Continues; Lawyer in the Hot Seat
Tom Brady and the NFL are once again in the spotlight with the Deflategate scandal, with representatives from both sides appearing recently at the 2nd U.S. Circuit Court of Appeals in Manhattan.
The issue on the table is whether NFL commissioner Roger Goodell overstepped his boundaries as arbitrator when he handed the New England Patriots quarterback a four-game suspension following deflating footballs.
It was back in September when Judge Richard Bergman of the Federal District Court in Manhattan overturned an initial directive by Goodell, citing that that Brady was not treated fairly on the issue and should not be handed out a four-game suspension, per the New York Times.
Surprisingly, the three-judge panel of the United States Court of Appeals for the Second Circuit were more interested on the actual details of Deflategate rather than the question on Goodell’s authority.
ESPN noted that Brady's attorney, Jeffrey Kessler, was visibly caught by surprise. He ended up on the defensive side of things and tried to answer the questions thrown at him with the whole ‘Deflategate’ issue.
Through all that, it was the matter of Brady destroying his cellphone that seemed to have stuck out.
Brady’s claim of routinely destroying phones for privacy purposes deprived the NFL a chance to examine it for possible evidence like text messages, which could be connected to the controversial 2015 AFC championship match between the Indianapolis Colts and New England Patriots.
“An adjudicator looking at these facts, it seems to me, might conclude that the cellphone had incriminating information on it and that, in the teeth of an investigation, it was deliberately destroyed,” Judge Barrington D. Parker told the Associated Press.
Tied up with this issue is that one involving the NFL’s uniform-equipment policy. It has yet to be resolved if such applies to the issue at hand. And if so, Kessler and the NFLPA single out that the policy is limited at a $5,512 fine from the NFL commissioner (Goodell) with no corresponding suspension.
However, ESPN noted that the NFL attorneys countered that the policy only applies to things like the color and proper wearing of jerseys, shoes and uniform. The word “football” never appeared anywhere on the detailed policy.
With Thursday’s events looming to be in favor of the NFL, it will be interesting when a decision would be handed.
"This should not hang over the league for another season," NFL attorney Paul Clement told ESPN. "You can end it right now."
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