Deflategate: Key Takeaways from Patriots Lawyers' Response to Ted Wells Report

One week after Ted Wells released a report (warning: some language NSFW) suggesting New England Patriots quarterback Tom Brady and two team employees were likely knowingly involved in the Deflategate scandal, the Pats' lawyers produced a comprehensive rebuttal Thursday.

In a document titled "The Wells Report in Context" (again, some language NSFW), many of Wells' findings and conclusions regarding Deflategate are questioned.

Continue for updates.

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Did Patriots Response Break League Rules?

Friday, May 15

Mike Florio of Pro Football Talk reported on the possibility that the Patriots' lawyers' response to the Wells report violated league rules regarding public criticism of the league:

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Here’s the full language of Article 9.1(C)(4), which provides that teams shall not “[p]ublicly criticize any member club or its management, personnel, employees, or coaches and/or any football official employed by the league.” The provision then requires that “[a]ll complaints or criticism in respect to the foregoing shall be made to the Commissioner only and shall not be publicized directly or indirectly.” (Emphasis added.)

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As Florio points out, this rule essentially "prohibits teams from publicly criticizing other teams or league officials." While Wells is not directly affiliated with the league or a team, Florio went on to note that the Patriots' response to the report could put the team on shaky ground:

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It’s still dangerous territory for the Patriots, since the aggressive, public criticism of Wells could eventually become aggressive, public criticism of other teams or of persons employed by the league. And it could be that the NFL has opted to remind folks in the media of this language the morning after the NFL alerted the media through a cascade of leaks that Commissioner Roger Goodell will be handling the appeal of Tom Brady’s suspension.

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Patriots Lawyers Respond to Wells Report

Thursday, May 14 

According to NFL Network's Albert Breer, the response is nearly 20,000 words in length:

In the wake of Brady being suspended four games for his alleged role in Deflategate, the Patriots' lawyers disputed the notion that the four-time Super Bowl champion preferred to use deflated footballs, per Mark Daniels of the Providence Journal:

The rebuttal also focused on the phone records of locker room attendant Jim McNally and equipment assistant John Jastremski.

According to Bleacher Report's Mike Freeman, the Patriots' answer to the Wells report suggests any texts between them about deflation could have been made in a joking manner:

Also, the lawyers pointed out any of Brady's texts mentioning deflated footballs didn't necessarily refer to them being purposely or illegally deflated, per Mike Garafolo of Fox Sports 1:

Breer explained the Patriots pointed out a rules violation by the Colts:

The fact that Brady refused to turn over his phone caused some to infer that he was guilty of wrongdoing in some way, but the Pats don't believe that is an accurate assumption, according to Doug Kyed of NESN:

Stephanie Stradley of the Houston Chronicle noted the team's attorneys claimed there was no conclusive evidence regarding Brady:

Prior to the AFC Championship Game between the Patriots and the Indianapolis Colts, McNally reportedly entered a bathroom with the game balls in tow.

While some believe McNally deflated the footballs at that point, the Pats argue he simply used the bathroom to relieve himself, per ESPN's Michele Steele:

The Pats also had an explanation for McNally being referred to as the "deflator" in texts, per Ravens reporter Garrett Downing:

The opposition to the Deflategate report even featured an attempt to scientifically disprove the notion that someone must have deflated the footballs.

According to the Patriots, the pounds per square inch of the footballs were within average range at halftime of the AFC Championship Game after being exposed to atmospheric conditions. Had the footballs been deflated before the game, the Pats maintain the average psi would have been lower:

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The average of the Prioleau (Logo gauge) measurements—and using an average makes sense given the non-repeatability of even a single gauge—is 11.49 psi, precisely what would have been predicted by the Ideal Gas Law. According to the league's consultants, the Ideal Gas Law predicted the Patriots footballs which started at 12.5 would have measured between 11.32 and 11.52 psi at the end of the first half (pg. 113). The average of these 11 footballs is within or above that range, as are the actual psi of eight of the 11 footballs. If air had been intentionally released from each football before the game, these numbers would be significantly lower.

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More than anything, the lawyers representing the Patriots organization seemingly feel as though Wells made his determinations without definitive proof.

New England's rebuttal points out many of the circumstantial situations discussed in Wells' report, which might lead to a successful appeal in the court of law, but it doesn't necessarily relate to the NFL and its disciplinary decisions.

It is abundantly clear the organization plans to do everything it can to reduce or eliminate Brady's suspension.

Follow @MikeChiari on Twitter.