Kabuki theatre: Brady's suspension upheld....
- Thread starter Ten Thousan Marbles
- Start date
will get a link if you don't believe me. What I read between the lines is, the league was willing to go to 2 games, but TB and the Union said no, no games or we will go to court. So the NFL said, 2 games 4 games it aint going to be no games so we'll keep it a 4 and see you in court!
Destroyed his cell phone knowing they'd need a subpoena to get the texts and they don't have that power. Don't blame him, with 10,000 tests in four months, I am sure there is something embarrassing in there (and ask bill Cosby and A Rod how confidential these things are over time.
What happens if there is no resolution by opening day? Do team Brady and the Union file an injunction suspending the suspension until the case is settled? Brady could always sit two or four games later in the season but if he sits 4 games and then wins how do he and the Pats get those games back?
the little law I know, I think the PA goes to court and gets a temporary injunction, which allows him to play pending the out come of the case. So he plays, if he wins he keeps playing, if he loses, he has 4 games to sit. As we know, how fast will the courts hear this?? The temporary, pretty soon I guess, the real case?? who knows. Suppose the judge come back in January and makes a ruling the 4 game stand and the Pats are in the playoffs?? He sits for the playoffs. Get your pop corn out!!!!
I'll be surprised if he sues. Ground zero would be access to the text messages he destroyed his phone to protect. He'd have to produce those.
OK, call me a legal novice (I know, you're not allowed to be one on this board, apparently)... but, the NFL and the NFLPA collectively bargained the process by which Brady was investigated, punished and allowed to appeal the previous decision. So, they went through the process and a final decision was rendered.
How does one now sure in Federal Court when the collectively bargained procedure was followed? Is it the, "we don't like the procedure we agreed to in 2011 because we now realize we gave away too much power" argument?
not that I give a crap - but my brother is a Buffalo Bills season ticket holder... pretty pissed he now misses out on some gate-appeal
IMHO Brady's suspension should have been for NE's HOME games only...
IMHO Brady's suspension should have been for NE's HOME games only...
But the text messages are gone. He destroyed the phone. The most you could get now is the record of when texts were sent and to whom. That won't reveal anything new since we already know he contacted the equipment guys based on their own records. The actual content of texts is all that would've added to this, and he destroyed that. Phone companies don't keep the content of the texts.
They'll argue that the NFL didn't follow the procedure. For instance, in the agreement, the penalty for tampering with equipment is a $25,000 fine. So they can go the fed court and argue they're being punished well beyond what is outlined in the labor agreement. NFL will argue back that it went beyond just the equipment tampering and into evidence tampering and obstructing the investigation. But that's how it'll get to court.
He destroyed the cell phone reportedly the day he was to meet with the league (from what I've read). He claimed he always destroyed his old cell phones- except this phone was only 4 months old and the previous phone he still had intact and supposedly handed in as his phone rather than the other. The whole situation stinks to high heaven and given the comments of the equipment people it's pretty clear what was expected of them. IMO he's lucky he only got 4 games.
That's right...and that's why he appears to be guilty. He didn't cooperate. But those texts are still in the server. its like destroying your PC....the outlook server (or gmail or whatever) still has the emails. Tom McA can still get posts after you throw your PC/MAC in a lake. The problem is they will need TB's permission or a subpoena. They won't get either. And, if I was on a jury in a civil case, I'd side with the NFL is TB isn't forthcoming with that info.
My prediction is that TB files....just to make him look innocent...then drops it after the four games to "put it behind us" after he again says he's innocent.
As far as I'm aware, the providers do not retain the content of text messages (I think some may for a short time, a few days). That's been true in numerous criminal cases that have come through our court. If it's not true, there's some prosecutors here in southwest Ohio that need to be advised.
You may be right...but I'd be shocked if that were true. That data is gold...and they mine it. If they are throwing it away, I'd like to get my hands on it.
Here are cops asking that Congress make phone companies retain the content to aid in criminal investigations:
http://www.cnet.com/news/cops-to-congress-we-need-logs-of-americans-text-messages/
http://www.cnet.com/news/cops-to-congress-we-need-logs-of-americans-text-messages/
You may be right. But if he challenges this in court he likely gets an injunction to hold the suspension (otherwise why even sue- your suspension will be over before a court decides anything). If he gets the injunction then he risks losing the case and serving those 4 games late in the year during a playoff run. It will be interesting to see what happens. The team may step in and tell him to suck it up for the good of the club.
Yeah....his strategy will be interesting. My guess is that he'd rather serve it and get it over with. This case won't take that long and will be a distraction all year long if he doesn't put it behind hiim.
Here is an article on text messages from forensic experts.
Yep...from 2012....here is one where an "expert" (your guess is as good as mine) says its there, you just need to know where to find it. (from 2014)
Also, I think Brady know he's guilty. I think he's just trying to create some reasonable doubt by the public.
I agree. I think both the club and Brady want this over asap. Just the threat of his text messages being recovered likely push the issue too.
Fair enough, I'm not going to pretend to be 100% certain. I just know we've had prosecutors that really wanted the content of texts but it was said it couldn't be retrieved and instead all they could present was who texts were sent to and when as circumstantial evidence.
Roger that...I am not saying I am right either....but I am in the business and know that data, Big Data, is king right now. The price of storage, over the last couple of years, has gone down substantially. So what was not feasible in 2012 is a totally different story today. I've been to demonstrations where they can tell your age, sex, marriage status, and many more issues from your facebook and twitter posts/follows even when you don't volunteer that information. Stores are deploying face recognition so they ID known thieves as they walk into the store. Thank the Israelis for making software that profiles terrorist activity. Israel is now one of the "silicone valleys" of the world.
As I understand things,the NFL gave Brady the option of turning his phone over to his lawyer so they could provide only the texts that were relevant to the investigation. The NFL was not looking to embarrass Brady. It was Tom Brady that turned this into the crap storm it has become. This would have been a one or two week story if Brady had come clean in the beginning. He would have probably been fined, but I doubt very much he would have been suspended for even one game.
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