On Thursday U.S. District Judge Richard Berman vacated New England Patriots quarterback Tom Brady’s four-game suspension for his alleged role in Deflategate. Whether you think Brady knew about, or participated in, the deflation of footballs, all fans should be able to agree on two things. One, this mess over the PSI in some footballs has gone on far too long, and it’s not over yet because the NFL has already released a statement saying they will file an appeal. Two, NFL commissioner Roger Goodell, and the league, handled this situation about as poorly as could be. This isn’t the first time Goodell has botched a disciplinary issue (i.e. former Baltimore Ravens Ray Rice), but it’s obvious that Goodell and the NFL royally messed up their handling of Deflategate.
Judge Berman’s ruling does not necessarily mean Brady is innocent, although I think he is based on the lack of evidence. The judge’s Deflategate ruling proves Goodell is in way over his head.
First, ESPN NFL reporter Chris Mortensen reported, erroneously, that 11 of the 12 balls the Patriots used in the AFC Championship game against the Indianapolis Colts were “significantly underinflated.” It was a league source that provided the incorrect information to Mortensen, but that’s just what happens under Goodell’s watch.
Second, Goodell suspended Brady for four games, despite not having any concrete evidence that proved the Patriots quarterback was guilty, and there not being any precedent for such a suspension. Judge Berman himself couldn’t understand the lack of consistency regarding NFL discipline. The commissioner could never actually articulate why Brady received a four-game suspension when that seemed out-of-whack with the alleged deflating of footballs, when compared to other suspensions that Goodell and the league handed down in the past.
Third, the NFL allowed different gauges to be used prior to the game against the Colts than those that were used at halftime of the same game. The NFL never adequately addressed this issue which, along with the cold weather, could have easily accounted for the drop in PSI.
Third, Goodell assigned a far from independent party to conduct what was supposed to be an independent investigation. Ted Wells conducted the investigation, which allowed Wells to produce the Wells Report. This report had some serious holes in it, and it used the NFL’s Integrity of the Game and Enforcement of Competitive Rules Policy to find it was “more probable than not” that Brady was “generally aware” that footballs were being deflated. NFL executive vice president Troy Vincent said, during Brady’s appeal, that the Game-Day Operations Manual was a crucial document in the NFL determining Brady was at fault. The problem is that neither the league’s Integrity of the Game and Enforcement of Competitive Rules Policy nor the Game-Day Operations Manual were collectively bargained with the NFLPA.
Finally, the commissioner denied the NFLPA attorney’s request to question NFL general counsel Jeffrey Pash, even though it was Pash who edited the Wells Report before it was released. Goodell also denied requests made by the NFLPA attorneys to have access to the league’s investigative notes. Judge Berman correctly viewed this as Brady basically not having an opportunity to study the evidence against him and/or confront his accuser.
Again, based on the lack of evidence that has been provided, I believe Brady is innocent with regards to the deflation of footballs. But that’s not necessarily what the judge’s ruling means. It just proves that Goodell is in over his head, particularly when it comes to having to dole out discipline.
