Judge Richard Berman is reportedly "grilling" the NFL about the Wells report and the finding that Tom Brady was at least "generally aware" of a football-tampering scheme.
Stephen Brown, a Manhattan federal court reporter for the New York Daily News, is tweeting from the proceedings. Here are some of his observations of Berman's interactions with the parties involved.
And #DeflateGate hearing is in session.
— Stephen Brown (@PPVSRB) August 12, 2015
Berman clarifies meetings with both sides were confidential because they were part of settlement talks.
— Stephen Brown (@PPVSRB) August 12, 2015
Berman says this is the type of civil case following arbitration that is familiar to all district judges.
— Stephen Brown (@PPVSRB) August 12, 2015
Berman recounting background of #DeflateGate, says these type of cases don't go to trial. Are settled or a judge rules.
— Stephen Brown (@PPVSRB) August 12, 2015
Berman says civil cases of this nature typically last 2 years. "I think it’s safe to say nobody here wants to wait that long." #DeflateGate
— Stephen Brown (@PPVSRB) August 12, 2015
Berman: "I think there are strengths and weaknesses to both sides here" while listing many reasons to settle #DeflateGate case.
— Stephen Brown (@PPVSRB) August 12, 2015
Berman continues emphasizing hope for #DeflateGate settlement. "Everyone is of a view that this case can be resolved expeditiously."
— Stephen Brown (@PPVSRB) August 12, 2015
Brady and Goodell will participate in another settlement talk overseen by Berman after the hearing, Berman says.
— Stephen Brown (@PPVSRB) August 12, 2015
Daniel Nash for NFL now going to answer questions from Berman.
— Stephen Brown (@PPVSRB) August 12, 2015
Nash explains NFL is seeking enforcement of collective bargaining agreement with NFLPA.
— Stephen Brown (@PPVSRB) August 12, 2015
Nash says fact that Goodell hears appeals of his own rulings may be unusual in collective bargaining agreements, but not in sports
— Stephen Brown (@PPVSRB) August 12, 2015
Nash: "There cannot be a dispute that Mr. Brady was afforded every right he has" under NFL CBA.
— Stephen Brown (@PPVSRB) August 12, 2015
Berman now turning to supposed "independence" of Wells Report commissioned by Goodell. #DeflateGate
— Stephen Brown (@PPVSRB) August 12, 2015
Nash says Wells was retained "just to get the facts." Berman skeptical of Wells' dual role as investigator and attorney hired by NFL.
— Stephen Brown (@PPVSRB) August 12, 2015
Berman grilling Nash on why some evidence used in Wells report wasn't shared with Brady team. Nash says it was privileged.
— Stephen Brown (@PPVSRB) August 12, 2015
Nash: So-called independence of Mr Wells, is...a complete red herring.
— Stephen Brown (@PPVSRB) August 12, 2015
Under the CBA it is not an argument that has any legal significance
Berman now turns to findings of Wells Report. Continues grilling Nash. #DeflateGate
— Stephen Brown (@PPVSRB) August 12, 2015
Berman: "Is there any direct evidence linking Mr. Brady to tampering?"
— Stephen Brown (@PPVSRB) August 12, 2015
Berman: Turns out Mr. Brady did better with higher inflated balls than underinflated balls. You might say he got no competitive advantage
— Stephen Brown (@PPVSRB) August 12, 2015
Berman: I’m trying to figure out what is the direct evidence that implicates Mr. Brady in that deflation…in that bathroom…on Jan. 18
— Stephen Brown (@PPVSRB) August 12, 2015
Berman then adds: "Would be hard to imagine a QB…(not knowing a ball is deflated). He’s the one who throws the ball."
— Stephen Brown (@PPVSRB) August 12, 2015
Berman continues pressing for direct evidence.
— Stephen Brown (@PPVSRB) August 12, 2015
Nash: "Is there a text in which Mr. Brady instructs someone to put a needle in a football? No there is not such direct evidence."
— Stephen Brown (@PPVSRB) August 12, 2015
Nash: But other evidence "clearly indicates Mr. Brady’s knowledge and encouragement of this activity." Such as texts after game
— Stephen Brown (@PPVSRB) August 12, 2015
Nash: "The phone was destroyed. A factfinder, in this case Mr Goodell, it’s clearly reasonable to infer is further evidence of culpability"
— Stephen Brown (@PPVSRB) August 12, 2015
Berman: I don't know what to make of that finding Tom Brady was at least generally aware of the activities of" Mcnally, Jastremski.
— Stephen Brown (@PPVSRB) August 12, 2015
Nash: "Under the legal standard you could not possibily say the conclusion in the commissioner's decision doesn’t have a basis in" CBA.
— Stephen Brown (@PPVSRB) August 12, 2015
Berman: "No, I'm not saying that."
— Stephen Brown (@PPVSRB) August 12, 2015
BERMAN: "Somebody deflated the balls, but it didn’t help Mr. Brady. Does that matter?"
— Stephen Brown (@PPVSRB) August 12, 2015
Nash: "What matters is the commissioner’s thought on that. His judgement."
— Stephen Brown (@PPVSRB) August 12, 2015
Berman: From legal perspective: "You have to show that conspirators intended to be in the conspiracy...Is there a meeting?"
— Stephen Brown (@PPVSRB) August 12, 2015
Berman: "I’m not sure where the 'gate' (in #DeflateGate) comes from. The Wells Report and the award relates only to one game."
— Stephen Brown (@PPVSRB) August 12, 2015
Berman: "What is the evidence of a scheme or conspiracy that covers the Jan. 15 game? I’m having trouble finding it."
— Stephen Brown (@PPVSRB) August 12, 2015
Nash: "It starts with that (deflation) happened."
— Stephen Brown (@PPVSRB) August 12, 2015
Now Berman turns to argument by Brady team that NFL rules say he deserves a fine, not a suspension. If it applies to players. #DeflateGate
— Stephen Brown (@PPVSRB) August 12, 2015
Nash cites Ray Rice suspension as evidence of Goodell's authority to dole out suspensions.
— Stephen Brown (@PPVSRB) August 12, 2015
Nash cites Supreme Court rulings. "When disputes like this are resolved, courts must defer to the arbitrator." #DeflateGate
— Stephen Brown (@PPVSRB) August 12, 2015
Now it's Jeffrey Kessler's turn. Brady's attorney. Berman urges him not to respond to Nash's statements to avoid spoiling settlement talks.
— Stephen Brown (@PPVSRB) August 12, 2015
Berman to Kessler: It looks like they...deflated the game balls? Why would either one of them do that without Mr. Brady’s consent?"
— Stephen Brown (@PPVSRB) August 12, 2015
(referring to Mcnally and Jastremski)
— Stephen Brown (@PPVSRB) August 12, 2015
Kessler: "It is conceivable Mr. McNally thought it would be something that would be good for his QB. That makes a certain logical sense."
— Stephen Brown (@PPVSRB) August 12, 2015
Kessler: After all this money, all this investigation, he couldn’t get beyond…at least he was generally aware something may have happened."
— Stephen Brown (@PPVSRB) August 12, 2015
Kessler is fired up.
— Stephen Brown (@PPVSRB) August 12, 2015
Berman tells him to stay focused on his questions. "What are you saying?" Courtroom cracks up.
— Stephen Brown (@PPVSRB) August 12, 2015
Kessler: "Even the NFL...does not try to contend any player can be disciplined for being aware of someone else’s conduct."
— Stephen Brown (@PPVSRB) August 12, 2015
Berman: Why did Mr. Brady not cooperate with the Wells investigation, with respect to providing texts?
— Stephen Brown (@PPVSRB) August 12, 2015
Kessler says Wells didn't communicate directly with Brady, establish expectation of punishment is he didn't cooperate.
— Stephen Brown (@PPVSRB) August 12, 2015
Kessler says Brady didn't communicate with Wells on advice from his agent, Don Yee, who is also a lawyer.
— Stephen Brown (@PPVSRB) August 12, 2015
Kessler says Brady didn't cooperate out of privacy concerns.
— Stephen Brown (@PPVSRB) August 12, 2015
Kessler: "We’ve now put into the public record Mr. Brady’s personal issues about a pool cover that appeared on national television!"
— Stephen Brown (@PPVSRB) August 12, 2015
But Kessler concedes Brady should have conducted himself differently with Wells.
— Stephen Brown (@PPVSRB) August 12, 2015
Kessler has moment of clarity: Calls this "the most overblown issue" he's ever dealt with in his career.
— Stephen Brown (@PPVSRB) August 12, 2015
Kessler: "He gets phones all the time! Whenever he gets one, he gives (the old one) to his assistant and says get rid of the phone!"
— Stephen Brown (@PPVSRB) August 12, 2015
Best Kessler quote: "Maybe if my grandmother had wheels she’d be a trolleycar!"
— Stephen Brown (@PPVSRB) August 12, 2015
(He was making a point about the Wells Report being a fishing expedition.)
— Stephen Brown (@PPVSRB) August 12, 2015
Kessler says he plans to file one more opposition brief around Friday.
— Stephen Brown (@PPVSRB) August 12, 2015
Court is adjourned. Not clear if there is going to be anything more on the record.
— Stephen Brown (@PPVSRB) August 12, 2015