I'm thinkin' Tom Brady has enough money

[slag]

to hire himself a lawyer who can make a pretty fucking good argument that you shouldn't be suspended for 4 minutes, much less 4 games, based on a report's conclusion that it's "more likely than not" he knew something about the deflated balls.

[Dan Drives a Van]

Thing is, if he just accepts the punishment, most casual fans would forget all about it by playoffs and he'd have a shot to salvage some of his legacy. If this becomes a long, protracted battle it could hurt his image in an irreversible way.

Here's hoping Brady's ego takes over and this turns into a very public legal temper tantrum.

[Dim Bulb]

I agree but...

to hire himself a lawyer who can make a pretty fucking good argument that you shouldn't be suspended for 4 minutes, much less 4 games, based on a report's conclusion that it's "more likely than not" he knew something about the deflated balls.

..I have no idea what their standard of review is on appeal. I suspect it is de novo, which will lead them to watering it down. But the thing I can't get past is the fact that Brady lied when he said he didn't know one of the equipment guys and the team didn't cooperate fully with the investigation. If you're investigating something like this, what does Johnnie Cockslag do?

[TerpEagle]

You may disagree, but this the the legal opinion of Florio on the meaning.

http://profootballtalk.nbcsports.com...legal-meaning/

---
To the non-lawyer, the money quotes from the Ted Wells report suggest a mere probability that cheating occurred. But the specific terminology used by Wells actually indicates a belief that the evidence satisfies one of the most common standards used in a court of law.

“More probable than not” equates to a “preponderance of the evidence,” the standard that applies in most civil lawsuits. It means that the evidence makes it more likely than not, in the opinion of the investigator, that “New England Patriots personnel participated in violations of the Playing Rules and were involved in a deliberate effort to circumvent the rules,” and that “Tom Brady . . . was at least generally aware of the inappropriate activities.”
---

Also, not that it means anything, the NFL already has a standard for the term "probable" outside of this report: 75% likelihood by definition and more like a 90-95% likelihood by practice.

[Ellsworth]

Bet it gets reduced to 1 game, max.

More than likely 0

[slag]

I know what a preponderance of the evidence is ... and unless there is some shit in the player's agreement it doesn't apply to a report ... it applies to a civil legal proceeding (generally a jury).

[TerpEagle]

I know what a preponderance of the evidence is ... and unless there is some shit in the player's agreement it doesn't apply to a report ... it applies to a civil legal proceeding (generally a jury).

Would Wells have avoided that term because his report is NOT an actual legal proceeding?

[slag]

I just read the NFL's statement about the suspension and they state that the "Intregrity of the Game" policy ... whatever that is ... uses a preponderance of the evidence standard.

So they chose the words intentionally, apparently.

Whether it will hold up when it's more than an NFL generated report and there is a hearing at which Brady gets to challenge it is another question.

[slag]

see below ... we were typing at the same time apparently

[Anthony]

I'm being selfish. I want it reduced to 3 games or less so he can play against Dallas.

Bet it gets reduced to 1 game, max.

More than likely 0

[TerpEagle]

I just read the NFL's statement about the suspension and they state that the "Intregrity of the Game" policy ... whatever that is ... uses a preponderance of the evidence standard.

So they chose the words intentionally, apparently.

Whether it will hold up when it's more than an NFL generated report and there is a hearing at which Brady gets to challenge it is another question.

Just to clarify, that NFL policy backs up the idea that the "more than probable" meets their preponderance of evidence standard, or it's separate designation?

[slag]

Yeah ... McMahon Land ... hit him with the penalty to make the commissioner look all law and order and then reduce it at the hearing and blame it on due process.

[slag]

Preponderance of the evidence means the scales are tipped to any degree in one direction or the other (while that lady with the blindfold you see carved in the courthouse facade is holding them).

So another way of saying it is by using the term "more probable than not" ... but RG using the report is basically letting an investigator decide Brady's fate on that standard.

From what I can piece together from the media (which is dangerous in legal situations) not even Goodell concluded it (assuming he has the power to do it under that standard) ... the investigator did.

[wynnron123]

Yeah ... McMahon Land ... hit him with the penalty to make the commissioner look all law and order and then reduce it at the hearing and blame it on due process.

I'm thinking this is going to be the opposite of the Ray Rice situation when it comes to penalties. Goodell had to make some noise now to appease a lot of people.

[slag]

He already did.

I don't think he has the power to overturn a hearing determination, ie. in the same manner that RG's indefinite suspension of Ray Rice was overturned .