NFL Has Reportedly Talked Settlement for Tom Brady's Deflategate Appeal

Tyler ConwayMay 14, 2015

Following days of strongly worded official statements, the NFLPA filed a formal appeal of Tom Brady's suspension for his role in the Deflategate scandal. The NFLPA released the full formal appeal letter on May 14, and his appeal took place on June 23.

Continue for updates.

Ravens, Colts Owners Reportedly Want Brady's Suspension Upheld

Saturday, July 25

Tom E. Curran of CSN New England provided comments from ESPN's Sal Paolantonio, who said multiple owners are opposed to Brady's suspension being reduced:

"
[By reducing the suspension] you’re angering some of the hard-core owners out there. I know who they are and I’m gonna name ‘em right now: Jim Irsay of the Colts. Steve Bisciotti of the Ravens and others in the AFC who believe the Patriots have gotten away with murder for years and have not been publicly punished properly.
"

Cole: League Believes QB Would Accept Reduced Punishment

Friday, July 24

Bleacher Report's Jason Cole reported the league believes Brady would accept a reduced suspension after his appeal:

On July 22, Mike Florio of Pro Football Talk reported that a settlement isn't out of the question for Brady:

"
A league source tells PFT that settlement discussions have indeed occurred.To date, no progress has been made toward a deal. While it remains possible that something could be worked out, it would be unexpected.
Per the source, NFL Commissioner Roger Goodell is being pushed by a small handful of influential owners to hold firm on the four-game suspension.
"

On July 23, Dan Graziano of ESPN.com noted the NFLPA's offer was met by "silence" from the league. Graziano also reported that Brady is believed to be holding firm on refusing to accept any suspension that remains after his appeal.

Brady Reportedly Testifies Under Oath, Appeal Hearing Takes 11 Hours

Tuesday, June 23

Gary Myers of the New York Daily News reported the appeal hearing lasted for 11 hours, and Brady was present for the entire time. NFLPA counsel Jeffrey Kessler offered a brief statement on how the proceedings went, per Lorenzo Reyes of USA Today: "We put in a very compelling case, that's all I'll say."

Ted Wells said he testified but did not offer comment, according to Mike Garafolo of Fox Sports.

ESPN's Adam Schefter reported Brady would be under oath during the appeal.

Schefter also reported Patriots owner Bob Kraft, who is currently overseas, submitted an affidavit supporting Brady's character into the appeal. Schefter later reported, according to a letter obtained by ESPN from NFL legal council Gregg Levy, an additional hour would be added to Brady's defense team's four-hour time limit "if good cause shown." Ian Rapoport of NFL Network reported Levy was helping commissioner Roger Goodell put on the appeal.

NFLPA Attacks Wells Report's Credibility in Letter

Tuesday, June 16

Sal Paolantonio of ESPN reported the NFLPA released a letter criticizing Ted Wells' report as Brady's appeal approaches, according to Michael David Smith of Pro Football Talk:

"
In the letter, according to Sal Paolantonio of ESPN, the Wells Report is described as containing “dubious, contradictory and mischaracterized circumstantial evidence” which fails to prove Brady did anything wrong.
The NFLPA also says that even if the Wells Report had proven that Brady was involved in deflating footballs, a four-game suspension is excessive.
According to Paolantonio, Brady would not be satisfied with a reduced suspension: He wants to be fully exonerated and not suspended at all, feeling he has done nothing wrong.
"

This is in line with the approach the player's association and the Patriots have taken from the beginning on Brady's appeal; on May 19, Albert Breer of NFL Network reported they planned to focus heavily on the report's credibility in the appeal.

On May 14, the Patriots issued a link to WellsReportContext.com, which said Wells' findings are "at best, incomplete, incorrect and lack context." The website goes on to include the Patriots' own investigation, which offers a scientific explanation for the balls being underinflated.

Goodell Denies Recusal Request

Tuesday, June 2

Mike Garafolo of Fox Sports reported commissioner Roger Goodell has informed the NFLPA he will hear Brady's appeal.

Ben Volin of The Boston Globe and Albert Breer of NFL Network provided Goodell's reasoning behind his decision:

On May 19, the NFLPA released a formal statement confirming a request that Goodell recuse himself as the arbitrator in Brady's appeal of his suspension:

"
The NFLPA has formally requested that Commissioner Roger Goodell recuse himself as the arbitrator in Tom Brady's disciplinary appeal. Given a process that has contained procedural violations of our collective bargaining agreement, the Commissioner's role as a central witness in the appeal hearing and his evident partiality with respect to the Wells report, the Commissioner must designate a neutral party to serve as an arbitrator in this matter. The players also believe that the Commissioner's history of inconsistently issuing discipline against our players makes him ill-suited to hear this appeal in a fair-minded manner.
If the NFL believes the Ted Wells report has credibility because it is independent, then the NFL should embrace our request for an independent review.
"

Kraft previously announced that the team won't appeal the fine or loss of draft picks from the Deflategate incident, according to Schefter. Schefter noted Brady's appeal will go on. Garafolo provided Kraft's full statement:

"
Now I know that a lot of Patriots fans are going to be disappointed in that decision (to not appeal) but I hope they trust my judgment and know that I really feel at this point in time, taking this off the agenda, this is the best thing for the New England Patriots, our fans and the NFL, and I hope you all can respect that.
"

Jason Cole of Bleacher Report weighed in on how the decision will impact Brady's appeal:

Larry King reported Kraft's perspective on deciding not to appeal the NFL's decision:

Brady Officially Files Appeal

Thursday, May 14

The news came three days after the NFL suspended Brady four games, docked the Patriots two draft picks and fined the team $1 million following attorney Ted Wells' league-sponsored investigation. In a statement announcing its appeal, the NFLPA called out the NFL's "history of inconsistency and arbitrary decisions in disciplinary matters."

In a 243-page report released on May 6, Wells found (Warning: some language NSFW) it was "more probable than not" that Brady was involved in a conspiracy to deflate game balls below league PSI requirements. His investigation centers on text message correspondence between Patriots staffers Jim McNally and John Jastremski, whom the Patriots suspended indefinitely for their parts.

Much has been made of the suspensions of McNally and Jastremski, as many wondered why the team would suspend the pair and then claim that no wrongdoing was committed.

Brady has declined to speak publicly on the matter. His representation and the Patriots, however, have been strident in their criticism of Wells' report and the league's punishment.

"The discipline is ridiculous and has no legitimate basis," Brady's agent, Don Yee, said in a statement, per Garafolo. "In my opinion, this outcome was predetermined; there was no fairness in the Wells investigation whatsoever. There is no evidence that Tom directed footballs be set at pressures below the allowable limits."

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