On May 25, 2016, the New England Patriots officially joined Tom Brady’s battle to have the Second Circuit’s decision to reinstate Brady’s four-game suspension reheard. In a rare and surprising move by a team to go against the league in a player dispute, the Patriots filed a motion for leave to file a brief in support of Brady and the NFLPA. This motion stems from a recent Second Circuit decision to overturn the NFL superstar’s voided suspension and the NFLPA’s petition to have a rehearing en banc with the Second Circuit.
In Wednesday’s motion the Patriots assert that they have a significant interest in this case, therefore their brief should be heard. They argue that Brady’s suspension affects 25 percent of their season, the suspension is a severely adverse loss to their organization, they lose their All-Pro quarterback, and on a macro level this case is one of significant importance for arbitration across the country as it undermines the vital principles of arbitration in Collective Bargaining Agreements. With this, the Patriots contend that no organization or party is as intimately familiar with the facts or know the character and integrity of Brady better than themselves which puts them in a uniquely situated position to assist the court.
In the attached brief to the motion they hope to be filed with the court, the Patriots take issue with the handling of Brady’s appeal and the now infamous Wells Report, the result of an independent investigation to “get to the bottom of Deflategate.” First, they claim Goodell treated the appeal not actually as an appeal, but as a continuation of his investigation into Brady by introducing new evidence and findings from the Wells Report, and shifting the discipline to new issues. Additionally, the Patriots take issue with the fact that Brady was refused investigator’s notes of interviews with NFL officials and observers of the halftime testing of the footballs. Lastly, the Patriots take issue with the science behind the Wells Report and the assumptions provided to the scientists such as the timing and structure of the PSI tests.
The Patriots official legal support of Brady in his play against the NFL in Deflategate is a surprising move. It is rare for a team to go against the NFL in a dispute to protect their star player which further suggests the highly reported rift between the Patriots and the NFL, specifically commissioner Roger Goodell.