I hear Costa and others say the rule is not important so this is not a big deal. But there is this rule. People knowingly break the rule. Doesn't that tell us that is gives them an advantage that the rule is designed to eliminate. I see guilty.
I agree!
While the PSI rule is at the heart of this, the specific "charge" for which Brady is being suspended is specified in both the CBA (Article 46) and
in every player's contract: the player shall do nothing which in the sole judgment of the Commish is "detrimental to the ...public confidence in, the game of professional football".
Is there anyone in the US --- outside of New England --- who believes that --- as a whole --- the general public's "confidence" in the NFL has not waned a smidge as a result of this fiasco?
Is there anyone outside New England who would not consider Brady's destruction of the
requested cell-phone to have "impeded" the investigation?
Is there any thinking person who has read Goodell's 20 page "Decision" who does not understand that the NFLPA specifically contracted to give the Commish this power, this MO and this leeway on penalties??
Is there any thinking person who has read Goodell's 20 page "Decision" who does not understand that the "contractually" required
threshold of confidence is not the legal "
beyond a reasonable doubt" but merely the
preponderance of the evidence in the sole opinion of the Commish??
Based on legal precedent, does anyone really believe a Federal Judge (outside-Minnesota-on-a-case-not-involving-Peterson) would reverse a BINDING arbitration decision which for 40 years has been re-ratified as a
NLRB sanctioned CBA which specifies both the requirement of and the methodology for such binding arbitration?
This is a PR battle, not a legal battle. Question: In which way is Tom Brady's reputation for posterity less damaged: as a wrongfully accused innocent or as a contrite, team oriented, confused perpetrator of a meaningless offense?
ESPN Legal on CBA and binding arbitration:
http://espn.go.com/espn/otl/story/_...-roger-goodell-decision?ex_cid=espnapi_public
Goodell:
http://static.nfl.com/static/content/public/photo/2015/07/28/0ap3000000504265.pdf