Deflate-gate officially has nothing to do with deflated footballs
NFL commissioner Roger Goodell can rewrite the principles of science, misstate sworn testimony, invent standards of punishment and have his staff engage in an investigation overwhelmed by confirmation bias.
He can do this because the NFL Players Association granted him such sweeping powers in the last collective-bargaining agreement and, as deflate-gate whimpers to a legal conclusion, the United States Court of Appeals for the Second Circuit is loathe to step in and declare it illegal.
New England Patriots quarterback Tom Brady is still suspended for the first four games of the 2016 season because the NFL alleges, but never proved, the footballs in the AFC championship game following the 2014 season were tampered with. Goodell, going beyond the original conclusions from Ted Wells’ report – which the league commissioned – decided Brady even planned, orchestrated and funded the scheme.
Then he equated it to performance enhancing drug use, rather than an equipment violation, and sat Brady for a quarter of a season.
On Wednesday, the Second Circuit denied Brady’s request for a full hearing in front of the court. This was expected. Thus far it’s three federal judges for the NFL, three for Brady, but Brady’s two were in the original court and two of the NFL’s were appellate. So victory for Goodell.
Brady’s only options now are to ask for a stay from the Second Circuit or a stay from the Supreme Court as he pursues the case to the final authority in the land. It’s unlikely either occurs, or the Supreme Court takes the case, although that may be the proper conclusion for this nonsensical “scandal.”
At this point it isn’t about if the footballs were unnaturally deflated (Brady has a team of scientists and professors claiming under oath they weren’t) or what “the Deflator” did or didn’t do in a Gillette Stadium bathroom. It’s about rule of shop laws when it comes to workplace arbitration and other legalese.
Brady has orchestrated some epic comebacks across his Hall of Fame career but at this point, playing in the opener in Arizona would take the cake.
Would he now be amendable to a settlement with the NFL that might cut the suspension from four games? Anything is possible once reality hits, but sources close to the quarterback insist nothing has changed and under no circumstance will he admit to doing something he is adamant he not only didn’t do, but never even occurred.
This spring Brady added to his legal team famed attorney Ted Olson, the former Solicitor General under President George W. Bush and a veteran of Supreme Court cases. He was hired for a reason, so expect the Supreme Court route to be pursued, no matter the odds.
In the end this goes back to the beginning, the CBA that granted Goodell such incredible powers of discipline. The players were more concerned with revenue shares and limiting full-contact practices out of safety concerns (more dubious NFL science).
Goodell’s powers were renewed. The Commish can do what he wants.
In this case it seems he wanted a pound of Patriots flesh for past controversies, most notably SpyGate, and employed a staff that slept through high school physics but are masters at false media leaks.
Give Goodell credit for getting his way. He wanted Brady and he got him, a bulldozer of an effort that may have damaged some of his credibility with fans and any claims to common sense, but a strongman’s move nonetheless.
There can be no doubt now who is the boss.
That lesson gets echoed around as each Brady legal appeal fades away. Here’s guessing there aren’t many players who have spent the time brushing up on Ideal Gas Law or arbitration procedure, likely walking in as blind as Brady once did.
That much Goodell understands. Players recognize the obvious: victory and defeat. That’s how they keep score in the NFL. When the NFL comes calling, it’s best to comply and beg for mercy. Resistance is futile. That’s what they’ll remember from deflate-gate.
That and Jimmy Garoppolo starting Week 1 on Sunday Night Football.
