Goodell Not All-Powerful: Brady Blasts Commissioner’s Role in Suspension Appeal

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On Monday December 7, 2015, the National Football League Players Association and New England Patriots quarterback Tom Brady jointly file a response brief in the United States Court of Appeals for the Second Circuit, arguing that Roger Goodell over-stepped his boundaries in slamming the future hall of famer with a four game suspension for his role in the “Deflategate” scandal. On September 3, District Court Judge Richard Berman overturned Brady’s suspension, determining that the NFL and the Commissioner’s Office failed to abide by the collective bargaining agreement between the League and its players in not giving Brady requisite notice of possible disciplinary action that could be taken against him. The brief comes in response to one filed by the NFL with the court back in October.

Brady and the NFLPA surely did not have nice things to say about Commissioner Goodell and his actions in upholding Brady’s suspension during the arbitration review process conducted over the summer. The brief argues that the “NFL insists the CBA’s ‘conduct detrimental’ provision grants Goodell unlimited authority to discipline players however he pleases.” It claims he, personally, violated Brady’s right to notice under the CBA and disregarded established penalties for specific misconduct, stating that instead “Goodell arbitrarily upheld [Brady’s] suspension on appeal to promote the ‘interests of football.’” But under the CBA, the brief claims, Brady could only receive a fine at most for his actions in the deflated-football scheme, as a suspension is not explicitly written out as a possible punishment for being found guilty of equipment tampering or otherwise interfering with game balls. The brief also mentions that no player had previously been suspended for football tampering or failing to cooperate with an investigation and that Goodell simply wanted to “make an example” of one of the League’s most beloved and/or vilified players, depending on who you ask.

The 63-page response brief continues on, arguing that Goodell further breached the CBA by appointing Troy Vincent, the NFL executive vice president of football operations, to determine Brady’s suspension. According to the NFLPA, the CBA grants the Commissioner only with authority to determine player misconduct and any resulting penalties. By delegating this power, the brief states, Goodell expressly violated Brady’s rights under the CBA.

Finally, the brief further alleges that Judge Berman’s ruling should not be overturned on appeal because the NFL and Commissioner Goodell, during the arbitration process, failed to abide by proper discovery rules of state and federal law. The brief states that Brady and his legal team were not given access to the same discovery material the League and Commissioner’s Office had in their possession, which included specific material relating to the investigation and determination of the length of the suspension, the production of the Wells Report, and witness evidence.

The Second Circuit will likely not make a decision on the matter until well after the conclusion of the 2015 football season, which means that, at least for now, Brady will continue to have a shot at competing for his fifth Super Bowl title without missing a step.

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