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Politics : Formerly About Advanced Micro Devices
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To: tejek who wrote (885067)9/4/2015 1:15:05 PM
From: Broken_Clock   of 1577030
 
The Judge’s Ruling

Though Judge Richard Berman’s 40-page ruling on Thursday focused mostly on the NFL’s arbitrary process – rather than the underlying facts of the case (all the better to survive the NFL’s legal appeal) – Berman clearly was underwhelmed by the substance, too. He put quotes around the word “independent” when referring to the report by the NFL’s outside counsel Ted Wells, noting the involvement of the NFL’s executive vice president and general counsel Jeff Pash in editing the report.

Berman also noted that there was no direct evidence proving that Brady did anything wrong. Berman puzzled over the NFL’s vague accusation that it was “more probable than not” that Brady was “generally aware” of alleged actions by two locker-room assistants — Jim McNally and John Jastremski — to deflate the footballs used in the Jan. 18 American Football Conference championship game.

“I am not sure that I know what in the world that means, that phrase [‘generally aware’]. … Did he [Brady] know that McNally took the balls unaccompanied into the bathroom? Did he know that in the bathroom, if in fact it happened, McNally deflated the balls? Did he know that McNally then went on to the field with the balls?”

In his ruling, Berman also noted the refusal of NFL Commissioner Roger Goodell to let Brady’s lawyers question Pash about his role, one of a number of capricious decisions that pervaded Goodell’s role as arbitrator on Brady’s appeal of a ruling that Goodell had authorized if not dictated in the first place. Berman, in effect, concluded that the process lacked anything approaching fairness.

consortiumnews.com
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