Tom Brady

Tom Brady Updates: Wednesday

6:28pm: The NFLPA has officially announced its suit on behalf of Brady, providing a brief summary of its arguments, along with the full text of the appeal.

6:08pm: The lawsuit from Tom Brady and the NFL Players Association seeking to vacate Brady’s four-game suspension has officially been filed in Minnesota district court, tweets Albert Breer of the NFL Network. According to Tom Pelissero of USA Today (Twitter link), NFLPA attorney Jeffrey Kessler says the union filed suit on four grounds, including a lack of notice and Roger Goodell’s partiality. Breer notes (via Twitter) that the suit also refers to Brady’s June appeal hearing as one that “defied any concept of fundamental fairness.”

Unsurprisingly, several news, notes, and opinions on the Brady situation have trickled in over the course of the day, so we’ll use this space to round them all up. Here’s the latest:

News/rumors/quotes:

  • The NFLPA will ask the judge to either rule by September 4th or to issue an injunction allowing Brady to play pending a ruling, a source tells Mike Florio of Pro Football Talk (on Twitter). Kessler thinks the situation can be resolved by September 4th, as Pelissero tweets.
  • At least two NFLPA player reps were “dismayed” by the union’s decision to vehemently defend Brady, since those players believe it’s likely that Brady is guilty and are concerned about the union’s spending on legal fees, says Jason Cole of Bleacher Report. (video link). In a letter to the NFL Players Association’s board of player representatives earlier this year, attorneys Tom DePaso and Ira Fishman explained why the NFLPA has paid so much more in legal fees than the MLB and NBA player unions over the last three years (Twitter links via Cole).
  • Brady’s agent, Don Yee, told Ed Werder of ESPN (Twitter links) that his client was beyond cooperative with Roger Goodell and Ted Wells’ team and offered up all of his cell phone records. “I’m not sure there’s another person in America with a celebrity equal to Tom’s who would do that. Imagine Taylor Swift [doing that],” Yee said.
  • Yee also offered up a theory on why the NFL has decided to file preemptively in New York federal court (via Twitter links). “One inference is they’re not confident in their reason, not confident in their evidence. [They’re] looking for a friendly jurisdiction down the street from Park Avenue because they’re saying to the world, ‘We doubt our evidence and reasoning can withstand any jurisdiction in America.’ They’re essentially admitting that.”
  • Yee told Tom E. Curran of CSNNE.com (Twitter links) that he contacted AT&T’s general counsel to see if they could technologically retrieve the contents of Brady’s text messages, but they could not. Said Yee: “They are an independent third party. If we were trying to hide something, why would we even reach out?”
  • More comments on the matter from Yee to Curran and to Jason La Canfora of CBSSports.com can be found here and here.
  • Judge Richard Berman, described as “fair” and “more than capable,” has been assigned the NFL’s lawsuit in New York City, tweets Mike Garafolo of FOX Sports. Breer, meanwhile, tweets that Judge Richard Kyle drew the NFLPA’s suit in Minnesota, and suggests that could be good news for the league.

Opinions/editorials:

  • In a Pro Football Talk column, Florio wonders why Goodell didn’t increase Brady’s suspension, if the new information he received – since initially deciding on four games – convinced him that the Patriots quarterback deliberately obstructed the investigation by destroying his cell phone.
  • Brady didn’t just show contempt for Goodell — he disrespected every other NFL player too, Mike Vaccaro of the New York Post writes.
  • When one of the league’s “most ambassadorial” owners like Robert Kraft makes such a strong statement about his lack of trust in the NFL’s ability to be fair and just, it’s hard to imagine things getting much worse for the league, writes Charles Robinson of Yahoo! Sports.
  • Mike Freeman of Bleacher Report implores Brady to come clean so that the NFL can avoid a civil war. In a separate piece, Freeman passes along a text message he received from a Patriots player: “It’s us against the world.”
  • We may never know whether Brady was involved in deflating footballs, but it seems that his true crime in the eyes of the NFL and Goodell was refusing to play ball with the league, writes La Canfora in a CBSSports.com column.

Earlier: Robert Kraft, Tom Brady issue statements

Zach Links contributed to this post.

Robert Kraft, Tom Brady Issue Statements

9:15am: At a Wednesday morning press conference, Patriots owner Robert Kraft said that he was “wrong to put his faith in the league” (via Mike Reiss of ESPN.com on Twitter). Kraft explained that he was willing to “accept the harshest penalty in the history of the NFL for an alleged ball violation” because he believed that it would exonerate Brady, Jeff Howe of the Boston Herald tweets.

Kraft expressed regret for not taking legal action against the NFL and slammed Goodell. “There are those in the league office who are more determined to prove they were right rather than admit any culpability,” the Pats owner said, according to Mike Garafolo of FOX Sports (on Twitter).

Kraft’s full statement is below (transcript from Mike Florio of PFT):

I felt it was important to make a statement today, prior to the start of training camp. After this, I will not be talking about this matter until after the legal process plays itself out, and I would advise everyone in the organization to do the same and just concentrate on preparation for the 2015 season.

The decision handed down by the league yesterday is unfathomable to me. It is routine for discipline in the NFL to be reduced upon appeal. In the vast majority of these cases, there is tangible and hard evidence of the infraction for which the discipline is being imposed, and still the initial penalty gets reduced. Six months removed from the AFC championship game, the league still has no hard evidence of anybody doing anything to tamper with the PSI levels of footballs.

I continue to believe and unequivocally support Tom Brady. I first and foremost need to apologize to our fans, because I truly believe what I did in May, given the actual evidence of the situation and the league’s history on discipline matters, would make it much easier for the league to exonerate Tom Brady.

Unfortunately, I was wrong.

The league’s handling of this entire process has been extremely frustrating and disconcerting. I will never understand why an initial erroneous report regarding the PSI level of footballs was leaked by a source from the NFL a few days after the AFC championship game, [and] was never corrected by those who had the correct information. For four months, that report cast aspersions and shaped public opinion.

Yesterday’s decision by Commissioner was released in a similar manner, under an erroneous headline that read, “Tom Brady destroyed his cellphone.” This headline was designed to capture headlines across the country and obscure evidence regarding the tampering of air pressure in footballs. It intentionally implied nefarious behavior and minimized the acknowledgement that Tom provided the history of every number he texted during that relevant time frame. And we had already provided the league with every cellphone of every non-NFLPA that they requested, including head coach Bill Belichick.

Tom Brady is a person of great integrity, and is a great ambassador of the game, both on and off the field. Yet for reasons that I cannot comprehend, there are those in the league office who are more determined to prove that they were right rather than admit any culpability of their own or take any responsibility for the initiation of a process and ensuing investigation that was flawed.

I have come to the conclusion that this was never about doing what was fair and just. Back in May, I had to make a difficult decision that I now regret. I tried to do what I thought was right. I chose not to take legal action. I wanted to return the focus to football.

I have been negotiating agreements on a global basis my entire life. I know there are times when you have to give up important points of principle to achieve a greater good. I acted in good faith and was optimistic that by taking the actions I took the league would have what they wanted. I was willing to accept the harshest penalty in the history of the NFL for an alleged ball violation because I believed it would help exonerate Tom.

I have often said, ‘If you want to get a deal done, sometimes you have to get the lawyers out of the room.’ I had hoped that Tom Brady’s appeal to the league would provide Roger Goodell the necessary explanation to overturn his suspension. Now, the league has taken the matter to court, which is a tactic that only a lawyer would recommend.

Once again, I want to apologize to the fans of the New England Patriots and Tom Brady. I was wrong to put my faith in the league. Given the facts, evidence, and laws of science that underscore this entire situation, it is completely incomprehensible to me that the league continues to take steps to disparage one of its all-time great players, and a man for whom I have the utmost respect.

Personally, this is very sad and disappointing to me.

9:09am: On Tuesday, NFL commissioner Roger Goodell decided to uphold Tom Brady‘s four-game suspension and in the process, he asserted that the Patriots quarterback destroyed his phone in an attempt to hide critical evidence from league investigators. We then heard statements from virtually every party involved, with the exception of the accused. That changed this morning when Brady took to Facebook to give his version of events. In a lengthy statement, Brady refuted the notion that he broke his phone in order to conceal evidence:

“I also disagree with yesterdays narrative surrounding my cellphone. I replaced my broken Samsung phone with a new iPhone 6 AFTER my attorneys made it clear to the NFL that my actual phone device would not be subjected to investigation under ANY circumstances. As a member of a union, I was under no obligation to set a new precedent going forward, nor was I made aware at any time during Mr. Wells investigation, that failing to subject my cell phone to investigation would result in ANY discipline.

Most importantly, I have never written, texted, emailed to anybody at anytime, anything related to football air pressure before this issue was raised at the AFC Championship game in January. To suggest that I destroyed a phone to avoid giving the NFL information it requested is completely wrong.”

Brady also claimed that “the discipline was upheld without any counter offereven though multiple reports indicated that there were settlement talks between the two sides before Goodell’s decision was handed down. Either way, Brady is set to serve a four-game suspension, unless a federal court intercedes in the ruling.

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.

Tom Brady To Appeal Suspension In Court

5:15pm: The two sides were moving close to a one-game suspension settlement, but Brady demanded that the records be sealed and the NFL refused, according to Judy Battista of NFL.com (via Ian Rapoport of NFL.com on Twitter).

NFLPA Assistant Executive Director George Atallah (on Twitter) strongly denies that any settlement was close to being reached. Albert Breer of NFL.com (on Twitter) hears that the two sides were never close.

The NFLPA’s federal court filing is slated to come tomorrow and it will be filed in Minnesota, Rapoport tweets.

5:05pm: The Patriots released a statement on the matter:

We are extremely disappointed in today’s ruling by Commissioner Goodell. We cannot comprehend the league’s position in this matter. Most would agree that the penalties levied originally were excessive and unprecedented, especially in light of the fact that the league has no hard evidence of wrongdoing. We continue to unequivocally believe in and support Tom Brady. We also believe that the laws of science continue to underscore the folly of this entire ordeal. Given all of this, it is incomprehensible as to why the league is attempting to destroy the reputation of one of its greatest players and representatives.

4:43pm: The NFLPA officially announced that it will appeal the decision. Their full statement is reprinted below.

The Commissioner’s ruling today did nothing to address the legal deficiencies of due process. The NFL remains stuck with the following facts:

  • The NFL had no policy that applied to players
  • The NFL provided no notice of any such policy or potential discipline to players;
  • The NFL resorted to a nebulous standard of “general awareness” to predicate a legally unjustified punishment;
  • The NFL had no procedures in place until two days ago to test air pressure in footballs; and
  • The NFL violated the plain meaning of the collective bargaining agreement.
  • The fact that the NFL would resort to basing a suspension on a smoke screen of irrelevant text messages instead of admitting that they have all of the phone records they asked for is a new low, even for them, but it does nothing to correct their errors.

The NFLPA will appeal this outrageous decision on behalf of Tom Brady.

3:57pm: Brady’s agent, Don Yee, issued a strongly-worded statement on the matter. The statement is reprinted below, courtesy of ESPN’s Adam Schefter on Facebook:

“The Commissioner’s decision is deeply disappointing, but not surprising because the appeal process was thoroughly lacking in procedural fairness.

Most importantly, neither Tom nor the Patriots did anything wrong. And the NFL has no evidence that anything inappropriate occurred.

The appeal process was a sham, resulting in the Commissioner rubber-stamping his own decision. For example, the Wells investigative team was given over 100 days to conduct its investigation. Just days prior to the appeal hearing, we were notified that we would only have four hours to present a defense; therefore, we didn’t have enough time to examine important witnesses. Likewise, it was represented to the public that the Wells team was ‘independent’; however, when we requested documents from Wells, our request was rejected on the basis of privilege. We therefore had no idea as to what Wells found from other witnesses, nor did we know what those other witnesses said.

These are just two examples of how the Commissioner failed to ensure a fair process.

Additionally, the science in the Wells Report was junk. It has been thoroughly discredited by independent third parties.

Finally, as to the issue of cooperation, we presented the Commissioner with an unprecedented amount of electronic data, all of which is incontrovertible. I do not think that any private citizen would have agreed to provide anyone with the amount of information that Tom was willing to reveal to the Commissioner. Tom was completely transparent. All of the electronic information was ignored; we don’t know why. The extent to which Tom opened up his private life to the Commissioner will become clear in the coming days.

The Commissioner’s decision and discipline has no precedent in all of NFL history. His decision alters the competitive balance of the upcoming season. The decision is wrong and has no basis, and it diminishes the integrity of the game.”

3:48pm: Tom Brady has authorized the NFLPA to appeal his case in federal court, a source tells Jim Trotter of ESPN.com (on Twitter). Just prior to that, the NFL asked a federal court to confirm Brady’s suspension, Scott Soshnick of Bloomberg News tweets. The league filed its complaint in Manhattan.

Earlier today, the league announced that commissioner/arbitrator Roger Goodell has upheld Brady‘s full four-game suspension. The statement described that Brady actually destroyed his cell phone in order to hide incriminating evidence from NFL

Goodell Upholds Brady’s Four-Game Suspension

Arbitrator Roger Goodell has upheld Tom Brady‘s full four-game suspension, the league announced today (Twitter link via Ben Volin of the Boston Globe). The NFL’s statement on the ruling cites “important new information” when explaining Goodell’s decision to keep Brady’s penalty at four games, as Adam Schefter of ESPN.com details. The statement reads, in part, as follows:

“On or shortly before March 6, the day that Tom Brady met with independent investigator Ted Wells and his colleagues, Brady directed that the cell phone he had used for the prior four months be destroyed. He did so even though he was aware that the investigators had requested access to text messages and other electronic information that had been stored on that phone. During the four months that the cell phone was in use, Brady had exchanged nearly 10,000 text messages, none of which can now be retrieved from that device. The destruction of the cell phone was not disclosed until June 18, almost four months after the investigators had first sought electronic information from Brady.

“Based on the Wells Report and the evidence presented at the hearing, Commissioner Goodell concluded in his decision that Brady was aware of, and took steps to support, the actions of other team employees to deflate game footballs below the levels called for by the NFL’s Official Playing Rules. The commissioner found that Brady’s deliberate destruction of potentially relevant evidence went beyond a mere failure to cooperate in the investigation and supported a finding that he had sought to hide evidence of his own participation in the underlying scheme to alter the footballs.”

We’ve heard all along that, with no reduction on the penalty for the Patriots quarterback, Brady and the NFLPA were expected to continue to fight the decision in court. It’s not clear if the revelation that Brady had his cell phone destroyed changes that at all, but I’d be surprised if the Super Bowl MVP and the players’ union simply accepted Goodell’s ruling. According to Brady, “it is his practice to destroy his cellphone and SIM cards when he gets a new cell phone.”

Assuming Brady and the NFLPA do take the case to court, they’d likely seek an injunction so that he could continue to see the field for the Pats while the legal situation plays out. However, that could be a risky approach, depending on when the case is resolved — if Goodell’s decision is upheld in court, Brady would have to serve the suspension immediately, potentially during a much more crucial point in the season.

Goodell’s full 20-page explanation of his decision can be found here.

East Notes: Rice, Wilkerson, Brady, Cofield

Ray Rice and his supporters are reportedly lobbying NFL teams to give the veteran running back a shot to make a roster this preseason, and the Cowboys are the team most often linked to free agent backs, but Dallas has no interest in signing Rice, a source tells Charean Williams of the Fort Worth Star-Telegram (Twitter links). According to Williams, the Cowboys want to see how their current running backs look — the team hasn’t ruled out adding a veteran, but it likely won’t happen for a couple weeks, if it happens at all.

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

  • As expected, Jets defensive lineman Muhammad Wilkerson will report to camp rather than holding out, despite the fact that he has yet to sign a contract extension, reports Brian Costello of the New York Post. According to Costello, the two sides remain “far apart” on a new deal, though I’d expect negotiations to continue in the coming weeks.
  • Although there have been whispers that an announcement on Tom Brady‘s suspension appeal could come within the next day or two, Ian Rapoport of NFL.com says the NFL and NFLPA are still exchanging offers for a potential settlement (link via Kevin Patra of NFL.com). However, with the Patriots quarterback seemingly unwilling to accept a deal that includes any sort of suspension, a compromise remains unlikely. Adam Schefter of ESPN.com echoes Rapoport’s report, tweeting that the NFL and NFLPA aren’t expected to reach a settlement for Brady.
  • Rapoport (Twitter link) suggests keeping an eye on free agent defensive tackle Barry Cofield, who is recovering from groin and abdomen surgeries and should be ready to go in four to six weeks. Cofield, who was released by Washington earlier this year, said last week in an appearance on SiriusXM NFL Radio that he was “doing really well” in his recovery and was looking forward to signing with a team.

Patriots Notes: Brady, Flynn, Allen

As the Patriots, along with the rest of the NFL, continue to wait for Roger Goodell to announce a ruling on Tom Brady‘s suspension appeal, let’s round up a few of the latest notes out of New England….

  • Appearing on ESPN today, Adam Schefter said the NFL isn’t “inclined to budge much” on Brady’s appeal, adding that he expects the suspension to remain at four games (Twitter link via Mark Daniels of the Providence Journal). If Schefter’s prediction turns out to be accurate, Brady and the NFLPA will almost assuredly fight the decision in court.
  • As Mike Reiss of ESPN.com writes, Brady is hardly the only one whose 2015 outlook will be significantly altered by Roger Goodell’s ruling on his suspension appeal — Matt Flynn‘s odds of making the Patriots‘ 53-man roster hinge largely on whether or not Brady will be available.
  • Ben Volin of the Boston Globe (Twitter link) and Aaron Wilson of the National Football Post (Twitter links) have the details on Ryan Allen‘s new contract extension with the Patriots. Allen’s deal is worth $6.685MM, including a $2MM signing bonus and $3MM in new guarantees. The contract also features $200K in annual per-game roster bonuses from 2016 to 2018, and an annual $50K incentive for making the Pro Bowl.

NFL Open To Settlement For Tom Brady

A report last week indicated that the NFL Players Association made a settlement offer to the NFL regarding Tom Brady‘s suspension, and the league met that offer with “silence.” However, over the past several days, the NFL has been more open to the idea of a possible settlement for Brady, according to Mike Garafolo of FOX Sports, who reports that the league and the union have had an “open line of communication.”

Veteran Patriots players will report to training camp on Thursday, so the clock is ticking for resolution on Brady’s appeal. A source tells Garafolo that the Super Bowl MVP is frustrated with the lack of a decision from Goodell, nearly five weeks after the appeal hearing took place.

While a ruling from Goodell could come soon, a settlement would likely be the preferred outcome for both sides, since it would avoid prolonging the saga into the regular season with a court battle. However, it still appears unlikely that the two sides will reach a resolution that satisfies all parties — Brady figures to fight any penalty that includes him missing games, while the commissioner is reportedly receiving pressure from some owners to uphold the four-game suspension.

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.

AFC Notes: Pats, Smith, Raiders, Dolphins

Here are some notes from around the AFC on the last Saturday before training camps begin.

  • Chief among the owners that would be irked if Roger Goodell trimmed Tom Brady‘s Deflategate suspension are Ravens boss Steve Bisciotti and Jim Irsay of the Colts, Sal Palantonio of ESPN.com notes. The news that these two lead this figurative charge isn’t exactly surprising, with each’s organization voicing gripes during the Patriots‘ playoff run that included wins over each squad. The longtime ESPN reporter also noted other AFC owners who believe the Pats have “gotten away with murder” would be upset if Brady’s four-game ban was slashed.
  • Recently suspended cornerback Sean Smith may have been able to suit up for the Chiefs in Week 1 had he resolved his case by last November instead of this April, reports Mike Florio of Pro Football Talk. Had Kansas City’s top cornerback reached a resolution before Nov. 1, 2014, he could have paid a $50K fine since players, with this opportunity being afforded to players with pending charges under the NFL’s previous substance-abuse policy. Instead, the 28-year-old Smith will miss three games under the new policy, which was agreed upon in September 2014, and forfeit $750K in base salary.
  • The Raiders and the city of Oakland are communicating again after more than a month of silence, report Matthew Artz, Rebecca Parr and Mike Blasky of the Bay Area News Group. Raiders president Mark Badain called Oakland assistant city administrator Claudia Cappio. The sides previous halted communication after the Bay Area News Group’s publishing of a plan that would have called for team ownership to sell off 20% of the club.
  • Joe Philbin isn’t concerned about Branden Albert and DeVante Parker‘s Week 1 availability for the Dolphins despite offseason rehabilitation, writes Armando Salguero of the Miami Herald. There’s still a chance the highly paid left tackle won’t pass his physical and subsequently end up on the physically unable to perform list, however, after his knee surgery. Parker will not be 100% by training camp, though, after undergoing foot surgery.