Even though it's extremely overblown, this Brady-vs.-Goodell stuff has been very entertaining and educational.
For example, I didn’t remember from my high school civics class that a judge can give a heads-up to the losing side that they should settle. And after hours of LA Law, Law and Order and Judge Judy, I didn’t realize that if normal eat-in court doesn't work with your schedule, you can go to drive-up, or quickie, court. Crazy. You learn something new every day.
Judge Berman -- who has ordered Tom Brady and the NFL to work out some kind of settlement -- will have to rule on this mess if they can't come to an agreement. Now the question is: Who is His Honor leaning towards?
Ben Volin did a great job in the Boston Globe weighing the pros and cons of the case. It isn’t just sports hacks like yours truly taking stabs in the legal dark on this; the legally educated are, as well.
I've become Enemy Number One in Patriots Nation for simply believing Brady is guilty of committing the smallest of infractions. Well, regardless of whether he's guilty or innocent, In no way does the punishment fit the alleged crime. This is what Jeffrey Kessler, attorney for the accused, will argue before Berman if a deal isn't made.
Whether it's fair or not that Goodell is judge, juror and executioner, it was agreed upon by the players in the current CBA. What Kessler has to argue is Goodell has carried out those duties unfairly.
Kessler will try to convince Berman that Brady is guilty of an equipment violation and that should bring a fine, not a suspension. Look, I buy that argument. But will a judge? Especially when the footballs allegedly were doctored after they'd been examined and approved by the referee. While I feel Goodell’s comparison of Brady’s alleged crime to PED use is a stretch, I can see why he ruled that footballs manipulated post-inspection could be considered “cheating,” or looking for an unfair advantage.
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The way I see it, the power Goodell has via the CBA gives him more wiggle room than Brady, and that’s why Judge Berman will tell Brady to take a deal because he's going to lose. So it will be in Brady’s best interest to settle. Because whether he has to apologize or not, a two-game suspension is better than four.