After a strong day in court Wednesday for the NFLPA, Jeffrey Kessler filed a new motion Friday that rips apart every argument the NFL has tried to put together in this investigation. Since the release of the appeal transcripts, the public and those in the media who were against the Patriots are finally starting to see this case for what it is- a sham to take attention off of the domestic violence epidemic and the rising crimes across the league. Tom Brady is finally getting some support, and today's motion might be the straw that breaks the NFL's back.
In the preliminary statement, Kessler gets right to the point: "The NFL's Motion to Confirm relies upon familiar boilerplate about the deference to arbitration awards. But this is not the typical labor arbitration. As this Court recently held, arbitration awards are not inviolate, and they must be vacated when they defy the essence of the parties' agreement. Even the NFL does not deny this, nor that the Award must also be set aside if the Court finds it to be the product of fundamentally unfair proceedings or an evidently partial arbitrator. The NFLPA has established each of these grounds for vacatur."
In other words, this whole case, from the Wells Report to the Kangaroo Court held in the NFL offices basement, has been an attempt to assign blame to an innocent person, and although the NFL has no evidence whatsoever, they continue to try to paint Tom Brady as a cheater and refuse to abide by their own rules.
Here is another excerpt from the preliminary Statement:
"In an attempt to evade this reality, the NFL's submission is a memorandum of attempted misdirection to the Court. At every turn, the NFL misstates the record-from the discipline that was actually imposed (by Vincent, under the Competitive Integrity Policy, for Brady’s alleged “general awareness” of others’ misconduct), to the Award that was actually rendered (which ignores—not “distinguishes”—settled law of the shop and the binding Peterson decision), to undisputed arbitration evidence (even the NFL does not deny Brady’s lack of notice—the League merely tries to explain it away), to the arguments the NFLPA has actually presented to the Court (which present legal arguments for vacatur based on the undisputed facts of the case)."
Kessler is basically saying that the NFL keeps changing their story and not sticking to the facts that THEY ESTABLISHED.
Here are the four bullet points that Jeffrey Kessler highlighted in his motion today:
"I. THE AWARD VIOLATES THE LAW OF THE SHOP, AS TESTIFIED TO BY GOODELL, THAT THE NFL IS “REQUIRED TO GIVE PROPER NOTIFICATION” OF PLAYER DISCIPLINE."
This is in regards to the cell phone being destroyed and the availability of the text messages. Brady's legal team spoke with Ted Wells and were told that not providing the phone wouldn't be an issue, yet Roger Goodell used it as "new evidence" and not only upheld a suspension he had no right to give in the first place, he also stated he could have added to the suspension if he felt like it. Kessler is not shy about making the court aware of Goodell's constant changing of the facts, and he hammers it home in section I.
"II. THE AWARD DEFIES THE UNDISPUTED ESSENCE-OF-THE-CBA REQUIREMENT OF FAIR AND CONSISTENT DISCIPLINE."
In the rulebook this is supposed to be a 25k fine and that is the end of the story. If that is the case, why is Tom Brady being suspended four games? Kessler said it Wednesday and he was right- if this was a fine, we wouldn't be here because Tom admits he could have cooperated better. If the discipline was "fair and consistent", Brady would have received a fine between 50-100k and the team would have received the 25k fine. Instead of sticking to the "essence of the CBA", the league laid down the biggest overall punishment in league history, and they did it with no evidence and many questions about how the air pressure really works in footballs, especially in a cold, wet environment. Kessler also quotes Troy Vincent's testimony that undermines many of the statements made by Roger Goodell.
"III. THE PROCEEDINGS WERE FUNDAMENTALLY UNFAIR."
Basically, everything the NFL has stated about this investigation has either been changed or adjusted, mainly everything that has to do with the NFL side of the investigation. The NFL refused to give Brady and his attorneys the information they gathered from their investigation, and although they claimed that it was "independent" from the outset, they admitted that their lead attorney Jeff Pash edited the report before it was made available to the public. How is that independent in any way?
"IV. GOODELL WAS AN EVIDENTLY PARTIAL ARBITRATOR."
Goodell, in his appeal finding, stated that the new evidence of a "destroyed cell phone" made it clear to him that Brady was trying to hide something, and his appeal stated he only spoke to Jastremski about the balls for the Super Bowl. Well, that turned out to be a blatant lie and a PR move on behalf of former PR man Roger Goodell. Yes, the phone was traded for a new one, but Brady and his legal team offered to provide all the texts needed, yet the league turned it down. The thing that really stands out the most though is the lie- the statement regarding Brady only talking about the Super Bowl. Brady stated that he spoke at length with Jastremski regarding the tampering allegations, and he reiterated many times during his appeal. Goodell purposely leaves out these facts because they would hurt the NFL's sham of a case.
The NFL, to no surprise, has responded and they are not only sticking to their guns, they are telling the court what they can and can't do at this point. It is very clear that the NFLPA has an excellent case and the NFL is lacking any real evidence, and if this trend continues, which it will because all the evidence has been submitted, there is a good chance that Tom Brady is going to be exonerated and the other 31 NFL teams are going to be quite angry. Innocent people don't deserve suspensions, and Brady is innocent.
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