Roger Goodell

Latest On DeflateGate, Brady Appeal

Tom Brady, the NFL, and the NFL Players Association are scheduled to meet on Wednesday morning for a court hearing presided over by Judge Richard Berman. Before that session, however, Judge Berman would like to see the two sides re-engage in settlement talks.

Albert Breer of the NFL Network reports (via Twitter) that Judge Berman asked the two sides to “engage in further good faith settlements efforts today” before he meets with them tomorrow. Judge Berman intends to meet with counsel from both the NFL and NFLPA before tomorrow’s public hearing to get an update on their progress.

Despite the order from Judge Berman, don’t look for anything of substance to happen regarding settlement talks today, tweets Jason Cole of Bleacher Report. Mark Maske of the Washington Post spoke to several people familiar with the case who expressed a similar sentiment, suggesting that not much had changed since the two sides unsuccessfully attempted to reach a settlement earlier.

While Brady is extremely unlikely to agree to any settlement that would acknowledge he had any involvement in deflating footballs, he and the NFLPA may agree to a deal that penalizes him for a lack of cooperation with the league’s DeflateGate investigation. However, Brady and the union would likely push for a fine – rather than a suspension – in that scenario, which may not be sufficient for the NFL.

The NFL and NFLPA probably won’t reach a resolution today, but there’s hope that the accelerated court schedule will allow the case to conclude soon.

Latest On Deflategate

The NFL relying on suspending Tom Brady for “conduct detrimental to the integrity of” the game is a slippery slope, writes Pro Football Talk’s Mike Florio in analyzing both the league’s and NFLPA’s briefs issued Friday night (Twitter link).

While the NFL is aiming toward using this broad language to illustrate why Brady deserved the four-game suspension, the NFLPA can argue Brady’s punishment should reside in the realm of an equipment violation rather than a performance-enhancing drug-level ban. The 2011 CBA that grants Roger Goodell suspension leeway, however, the two sides negotiated points into the agreement that pertain to detrimental conduct.

Florio points to the fine schedule, which contains amounts for which players can be fined for certain offenses, such as taunting or various excessive roughness. The PFT writer compares this case to a player caught using stickum, which would bring a fine of less than $10,000, as opposed to the immense charges that have been levied here.

Here are some other observations from the latest Deflategate salvos.

  • The NFL will point to legal precedents where judges didn’t overrule the decisions of arbitrators, writes Ben Volin of the Boston Globe (on Twitter). Citing those cases, the NFL’s argument could supersede Goodell’s potentially questionable tactics when upholding the 16th-year Patriots quarterback’s suspension.
  • Whether or not Ted Wells needed to be viewed as an independent investigator poses another gray area, writes Michael McCann of SI.com. The NFL now argues Wells’ affiliation is immaterial, but McCann points out judge Richard M. Berman could look at previous statements praising the investigator’s impartiality in being assigned this case. Those optics wouldn’t look good for the league.
  • In addressing the case Friday night in Canton, Ohio, Goodell pointed to the CBA in defending his decision. “Listen, he’s a great player and he’s a great young man. We issued the decision just last week. We’re in the midst of litigation to … ensure that that’s enforced the way we ruled on that, after a long process that is established in our collective bargaining agreement. That’s something we’ll play through,” the commissioner said via Ron Borges of Talk of Fame Sports. Inductee Ron Wolf also praised Goodell for his judgment, replaying “Way to go on that Brady thing,” which induced uproarious Goodell laughter. The former Packers executive clarified that he while it came out as a joke, he meant to merely congratulate the league boss on finally coming to a decision.

AFC Notes: Foster, Brady, Colts, Nicks

As we inch close to the start of the NFL’s preseason schedule, let’s round up a few of the latest updates from around the AFC….

  • Texans running back Arian Foster underwent successful surgery on his groin this morning in Philadelphia, and Ian Rapoport of NFL.com tweets that there’s some hope Foster’s recovery period will be less than three months. The star running back still appears to be a strong candidate for the club’s IR-DTR slot to open the regular season.
  • The settlement conference between the NFL and NFLPA is scheduled to take place at 11:00am eastern time next Wednesday, tweets Ben Volin of the Boston Globe. Patriots quarterback Tom Brady and commissioner Roger Goodell will both attend the meeting in Judge Richard M. Berman’s courtroom.
  • The Colts snagged cornerback Tevin Mitchel off waivers from Washington this week, despite the fact that he’s expected to miss the season with a shoulder injury, writes Stephen Holder of the Indianapolis Star. As Holder explains, the Colts were targeting Mitchel in the draft this year before Washington grabbed him in the sixth round, and the club now has the opportunity to stash him on its IR for the season.
  • Teresa M. Walker of The Associated Press examines Hakeem Nicks‘ efforts to earn a roster spot in Tennessee after signing a one-year deal with the Titans this offseason.

AFC Notes: Brady, Patriots, Hunter, Texans

Earlier today, a mammoth 457-page transcript of Tom Brady‘s testimony was released. As Jimmy Golen of The Associated Press writes, the Patriots quarterback denied under oath to Roger Goodell that he tampered with footballs before the AFC title game. Meanwhile, investigator Ted Wells apparently never warned the Brady he would be punished if he didn’t turn over his cellphone. Brady denied discussing air level with the ballboys or even thinking about how inflated the footballs were when he selected them. He also said he’s never asked anyone from the Patriots to tamper with footballs. While we wait to see how that all shakes out, here’s more out of the AFC..

  • The transcript also contains confirmation that the Ravens tipped off the Colts on the Patriots‘ alleged doctoring of footballs, Ben Volin of The Boston Globe tweets.
  • The NFLPA filed its counterclaim and amended answer in federal court in Manhattan today, as Tom Pelissero of USA Today tweets. As a part of the counterclaim, the union brought forth the Brady appeal transcript, which led it it becoming public.
  • Titans receiver Justin Hunter is facing a felonious assault charge following a bar fight last month, but his attorney is confident that the case will “end will” for Hunter, as John Glennon of The Tennessean writes. “I can tell you I’m confident that Justin didn’t do what he’s been charged with and that I have significant concerns about the credibility of the accuser,” attorney Toby Vick said. The NFL is also looking into the incident, and will likely wait for resolution in court before deciding on possible discipline for the wideout.
  • Former University of Texas wide receiver Mike Davis recently worked out for the Chiefs and has also worked out for the Panthers, a source tells Aaron Wilson of the National Football Post (Twitter link).
  • Arian Foster‘s groin issue isn’t the only bad injury news the Texans received today. According to John McClain of the Houston Chronicle (via Twitter), sixth-round rookie OLB Reshard Cliett went down with a knee injury in the club’s first practice, and is expected to be sidelined for the year.

Luke Adams contributed to this post.

AFC East Notes: Gronk, Brady, Dolphins, Clay

Earlier this summer, an excerpt from Rob Gronkowski‘s autobiography revealed that the Patriots tight end claims he hasn’t spent a dime of his NFL salary, living off of endorsement money instead. As of July 30, Gronkowski has a little more NFL money to save up — according to Field Yates of ESPN.com, the Pats reworked their star tight end’s contract, converting $4MM of his $10MM end-of-year option bonus to a signing bonus. The option, which is due before the end of the league year, is now worth $6MM, and New England appears more likely than ever to exercise it.

Jason Fitzgerald of Over the Cap breaks down the unusual cap ramifications of the move, suggesting that the restructure should increase Gronkowski’s 2015 cap hit by $2MM before reducing his 2016 charge by $2MM. After that, the cap numbers for the rest of Gronkowski’s contract should remain the same.

Here’s more from around the AFC East:

  • NFLPA executive George Atallah confirmed today (via Twitter) that Tom Brady and union reps will attend a conference in New York on August 12 to meet with the NFL and U.S. District Judge Richard M. Berman. Roger Goodell will also attend the hearing in person, tweets Ed Werder of ESPN.com. Meanwhile, Ben Volin of the Boston Globe notes (via Twitter) that NFLPA and NFL attorneys had a telephone conference yesterday with Mag. Judge James C. Francis regarding the Patriots quarterback’s case.
  • Appearing on the Jose Rose Show on 560 WQAM in Miami, Dolphins VP of football operations Mike Tannenbaum didn’t rule out pursuing free agent guard Evan Mathis, as Andrew Abramson of the Palm Beach Post details. The Dolphins’ interest in Mathis has been downplayed recently, but I imagine they’d be very interested if one of their current guards struggles or suffers an injury.
  • Having brought in Rex Ryan, LeSean McCoy, Percy Harvin, and Richie Incognito over the offseason, the Bills made plenty of newsworthy moves. However, no player received more guaranteed money from the team this year than tight end Charles Clay. Tyler Dunne of The Buffalo News examines how Clay is fitting in so far in Buffalo.

East Notes: Pats, Jets, Mathis, Goldson

As our first weekend of 2015 training camp action is upon us, let’s look at some of the matters emerging from the Eastern divisions.

  • Adding to last night’s report of an August 12 conference involving Tom Brady and Roger Goodell, Pro Football Talk’s Mike Florio notes the transcript from Brady’s June appeal hearing with Goodell will become available if the case isn’t settled. Florio views Judge Richard M. Berman’s action of getting directly involved in trying to settle this case quickly one of the more active attempts by a judge to do so in his extensive law history. The PFT scribe notes that Berman probably already knows which way he’ll rule should both sides indeed join him for this summit as opposed to settling this matter beforehand.
  • The Patriots are not observing the latest Deflategate-related directive to tone it down, as Florio notes, and instead have launched a website aimed at uncovering what they believe is misinformation in the Ted Wells report. The first post on a site titled WellsReportcontext.com shows a chain of emails between Patriots general counsel Robyn Glaser and NFL general counsel Jeff Pash. While this means more Deflategate coverage more than six months after the story surfaced, it looks to now at least have created a job for a Patriots IT staffer.
  • Evan Mathis‘ agent, Drew Rosenhaus, has engaged in preliminary talks with the Jets, reports Rich Cimini of ESPN.com (Twitter link) after speaking with Jets GM Mike Maccagnan. “We’ve had talks with Evan’s agent,” Maccagnan said, according to Justin Tasch of the New York Daily News. “They’re kind of getting a feel for where – they have a range for where they want to be. The other thing with a lot of teams honestly at this point in time, you almost want to kind of see what you have first to a certain degree.” The former All-Pro would certainly be an upgrade over Willie Colon, who’s battled a knee ailment all offseason before coming off the PUP list Saturday. Tasch, however, adds Nothing is imminent, with Mathis — who was slated to make $5.5MM with the Eagles this season before his release — searches for significant money. Gang Green has $5.5MM in cap room, per OverTheCap.
  • Shortly after Rod Graves vacated his spot in the Jets’ front office to take a job with the league office, the Jets will replace him as director of football administration with Jacqueline Davidson, according to Randy Lange of NewYorkJets.com. Joining Cardinals assistant Jen Welter, Raiders play-by-play voice Beth Mowins and newly appointed official Sarah Thomas as one of the highest-ranking women in the league, Davidson already serves as the Jets’ lead negotiator in player contracts and played a key role in the Jets’ reacquiring of Darrelle Revis.
  • Washington safety Dashon Goldson, as part of the renegotiated contract upon his trade from the Bucs, received a $2.3MM roster bonus today, per ESPN.com’s Field Yates (on Twitter).

Latest On DeflateGate

U.S. District Judge Richard M. Berman, who will decide whether to uphold the NFL’s four-game suspension of Tom Brady, has scheduled an Aug. 12 conference that will include both Brady and commissioner Roger Goodell, the Boston Globe’s Ben Volin tweeted. If the dispute isn’t settled then, the parties will meet again Aug. 19 for oral arguments, according to Gabe Feldman of the sports law program at Tulane University (Twitter link). Feldman tweeted that while Berman’s ruling will be subject to appeal, the process is moving extremely quickly and a decision will be made well before the season starts.

For his part, Brady filed his counterclaim Friday in the Southern District of New York, per Volin (via Twitter) – who gleaned from Brady’s lawsuit that he wanted his June 23 appeal to be done under oath (Twitter link).

Meanwhile, two owners told ESPN’s Jim Trotter that they’re unhappy with both the amount of money being spent on Brady’s case and the treatment of Brady, Trotter tweeted. The owners also told Trotter that a “molehill has been made into a mountain,” and said it never should’ve gotten to this point (Twitter link). They reiterated Patriots owner Robert Kraft’s point that lawyers are too involved in the process.

The reason the Brady case has gotten so ugly, according to Bleacher Report’s Jason Cole (video link), stems from discord between the league and the NFLPA dating back to the fight over the 2011 collective bargaining agreement – a fight the owners ultimately won. Given that outcome, NFLPA head DeMaurice Smith has to “fight tool and nail on every issue possible,” Cole said. Further, per Cole, owners are beginning to wonder if taking some power from the commissioner and switching to an independent appeal process would be better for disciplinary matters.

Brady Refused NFL’s Settlement Deal

Before Roger Goodell upheld Tom Brady’s suspension, he offered to reduce the quarterback’s suspension in exchange for an admission of guilt, Mike Florio of Pro Football Talk writes. It is believed that the offer would have dropped the QB’s suspension to at least two games. If Brady was “sufficiently persuasive and profuse in his acceptance of guilt,” the suspension could have been reduced to one game. Ultimately, Brady refused and the suspension remains at four games, pending possible legal intervention.

A with knowledge of the situation told Florio the NFL was willing to drop the suspension by “at least 50 percent” if Brady was willing to meet three requirements:

  • admitting to having knowledge of whatever John Jastremski and Jim McNally were doing to the footballs
  • admitting to failing to cooperate with the Ted Wells investigation
  • apologize

Brady, for unknown reasons, was unwilling to acquiesce to those demands. The Patriots quarterback likely faces an uphill battle in court after it was revealed that he destroyed his cell phone when asked to turn that information over.

East Notes: Brady, Philbin, Eagles, Beason

Tom Brady and the NFL Players Assocation are entitled to an independent decision on Brady’s appeal, so recent reports suggesting NFL team owners are trying to influence Roger Goodell’s ruling make it even more likely that the NFLPA will eventually take the league to court, writes Mike Florio of Pro Football Talk.

As Florio obseves, if a truly independent arbitrator were handling Brady’s appeal, it would be highly irregular for a team owner to lobby that arbitrator one way or the other. The fact that owners are apparently lobbying Goodell as he contemplates his decision could become a central issue in the looming litigation.

Here’s more from around the NFL’s two East divisions:

  • Dolphins head coach Joe Philbin wants to win this year, but it’s “more for everybody else’s sake” than for his own job security, he tells Armando Salguero of the Miami Herald. “For everybody, I’d like us to reap the rewards of our labor. It’s time for all of us,” Philbin said. “But I haven’t really thought about playoff or bust for me.”
  • It’s easy to realize that you have to fix a 4-12 team, but Chip Kelly‘s decision to revamp a 10-6 Eagles squad this offseason wasn’t quite so simple, as Reuben Frank of CSNPhilly.com writes.
  • Giants linebacker Jon Beason, who spent most of the 2014 season on injured reserve, talks to Steve Serby of the New York Post about his recovery from last year’s toe and foot injuries, Jason Pierre-Paul‘s status, and the impact that free agent signee Shane Vereen will have for the Giants, among other topics.

Latest On Tom Brady’s Appeal

A month ago today, NFL commissioner Roger Goodell served as the arbitrator for Tom Brady‘s appeal hearing, at which point the Patriots quarterback and the NFLPA made a case for why Brady’s four-game suspension should be rescinded. With no official timeline in place for a decision, it’s no surprise that Goodell has yet to make an announcement — it took arbitrator Harold Henderson more than six weeks to announce a ruling on Greg Hardy‘s appeal.

While we wait to see if Brady’s penalty is upheld, reduced, or wiped away entirely, let’s round up the latest updates on the case….

  • Settlement discussions for Brady have occurred between the NFL and the Players Association, a source tells Mike Florio of Pro Football Talk. However, no progress has been made between the two sides, and it would be unexpected if they found common ground and worked something out.
  • According to that same source, Goodell is being pushed by “a small handful of influential owners” to uphold Brady’s four-game suspension, writes Florio.
  • However, there’s some concern that, if Goodell were to stand firm on Brady’s ban, the penalty would eventually be overturned by a federal court. According to Florio, attorney Gregg Levy, who participated in the appeal as a legal consultant to Goodell, has been warning the commissioner that it will be hard to make a suspension stick in court.
  • A source tells Dan Graziano of ESPN.com that the NFLPA made a settlement offer to the league last week, but that proposal was met with “silence” by the NFL. According to Graziano, it is believed that Brady will continue to fight any suspension, even a reduced penalty, but would consider accepting a fine.
  • Yesterday, NFLA president Eric Winston indicated that the union is prepared to take the next step on behalf of Brady if he’s not exonerated.