As expected, NFL commissioner Roger Goodell upheld Patriots quarterback Tom Brady’s four-game Deflategate suspension. What is notable however is one fact released by the NFL. Brady allegedly met with NFL investigators, including Ted Wells, and then (after being informed of the need to examine his cellphone) ordered minions to destroy his phone. In a criminal case, such an action could be viewed as obstruction — a separate chargeable offense.
Here is the NFL’s release:
“On or shortly before March 6, the day that Tom Brady met with independent investigator Ted Wells and his colleagues, Brady directed that the cellphone he had used for the prior four months be destroyed. He did so even though he was aware that the investigators had requested access to text messages and other electronic information that had been stored on that phone.
“During the four months that the cellphone was in use, Brady had exchanged nearly 10,000 text messages, none of which can now be retrieved from that device. The destruction of the cellphone was not disclosed until June 18, almost four months after the investigators had first sought electronic information from Brady.
I share the NFL’s view that the destruction of the phone is highly suspicious conduct. We have previously discussed the scandal.
View Story
Brady had cellphone destroyed, 10,000 texts with it
The Patriots quarterback said it’s his standard practice to destroy his old phones when he gets a new one.
Tom Brady’s agent calls appeals process ‘a sham’
Timeline of events in Deflategate
Poll: Does NFL ruling change your mind on Brady?
Document: NFL denies Tom Brady’s appeal on Deflategate
Social media reacts to Tom Brady’s suspension
“Based on the Wells Report and the evidence presented at the hearing, Commissioner Goodell concluded in his decision that Brady was aware of, and took steps to support, the actions of other team employees to deflate game footballs below the levels called for by the NFL’s Official Playing Rules. The commissioner found that Brady’s deliberate destruction of potentially relevant evidence went beyond a mere failure to cooperate in the investigation and supported a finding that he had sought to hide evidence of his own participation in the underlying scheme to alter the footballs.”
According to reports, Brady authorized the NFL Players Association to escalate the matter to the legal system, and the NFL has also asked a New York court to confirm its decision.
The NFLPA called the commissioner’s decision “outrageous,” and issued its own statement.
“The Commissioner’s ruling today did nothing to address the legal deficiencies of due process. The NFL remains stuck with the following facts:
■ The NFL had no policy that applied to players;
■ The NFL provided no notice of any such policy or potential discipline to players;
■ The NFL resorted to a nebulous standard of “general awareness” to predicate a legally unjustified punishment;
■ The NFL had no procedures in place until two days ago to test air pressure in footballs; and
■ The NFL violated the plain meaning of the collective bargaining agreement.
The fact that the NFL would resort to basing a suspension on a smoke screen of irrelevant text messages instead of admitting that they have all of the phone records they asked for is a new low, even for them, but it does nothing to correct their errors.
The NFLPA will appeal this outrageous decision on behalf of Tom Brady.”
The NFL explained its decision in a 20-page report that accompanied its announcement. According to the report, Brady testified at his suspension appeal hearing on June 23 that it is standard practice for him, or his assistant, to destroy his old cellphones and SIM cards upon acquiring a new one.
He began using a new phone “on or about March 6,” which is also the day he met with Ted Wells and investigators to be interviewed about Deflategate.
Goodell served as the arbitrator for the appeal hearing, which was held at NFL headquarters in New York on June 23. The closed-door hearing lasted 11 hours, and ESPN reported that nearly 40 people were in the room.
Among the witnesses was Wells, who led the Deflategate investigation that resulted in Brady’s four-game suspension. Wells confirmed he testified but didn’t offer any details.
Though Patriots owner Robert Kraft was not at the hearing, he wrote a letter on Brady’s behalf.
Brady’s legal team argued that not only did Wells find no definitive proof of a scheme to deflate game balls in the AFC Championship game against the Colts or of Brady having any knowledge of such a plan, it also claimed Brady’s punishment was far too harsh based on precedent — a four-game suspension would cost Brady $1.88 million.
Brady was initially notified of his suspension by NFL vice president of football operations Troy Vincent on May 11. The Patriots were also penalized, losing a first-round draft pick in 2016, a fourth-round pick in 2017, and fined a league-record $1 million.
On May 14, the NFL Players Association filed an appeal on Brady’s behalf.
In its letter to Vincent, which was signed by NFLPA general counsel Tom DePaso, the union outlined three major points as to why Brady’s punishment should be vacated or reduced.
The first: Under the collective bargaining agreement, Vincent does not have the authority to determine and mete out discipline, only Goodell does.
“As both Mr. Brady’s discipline letter and the NFL’s public statements make clear, you were tasked by Commissioner Goodell to determine whether Mr. Brady should be subject to discipline for conduct detrimental in connection with the events described in the Wells Report, and if so, to decide and impose the discipline,” the letter said. “And you have, in fact, imposed Mr. Brady’s discipline pursuant to the Commissioner’s purported delegation of his authority.
“Any such delegation is a plain violation of the CBA. The CBA grants the Commissioner — and only the Commissioner — the authority to impose conduct detrimental discipline on players.”
Another of the union’s points of contention was that Brady’s four-game suspension was far too harsh given precedent and punishment given to other players for similar infractions; and it also attacked the credibility of the Wells Report.
Just hours after the appeal was filed, news emerged that Goodell intended to serve as the appeals officer. The NFLPA then demanded that Goodell recuse himself and appoint a neutral arbitrator, arguing in part that if the league truly believed the Wells Report was a fair and independent investigation, it should have no problem having an independent individual oversee the appeal.
Additionally, the NFLPA made clear its intention of calling Goodell and Vincent as witnesses at the hearing, and having the commissioner as de facto judge and witness would complicate that.
On May 22, NFLPA executive director DeMaurice Smith, appearing on ESPN, said the union had not gotten a response from Goodell on whether he would recuse himself and if there wasn’t a response within a week, the union would “turn up the volume” on its request.
A report came a short time after Smith’s interview aired that Goodell had decided to remain as arbitrator, but a league spokesmen said Goodell had not made his decision. Rather, the NFL’s lawyers had submitted their arguments to Goodell as to why he should not hand off the hearing to a different arbitrator.
The transcript of this hearing should be a riot. What was the conclusive evidence that Brady ordered the destruction? Who’s testimony? I read that Goodell only learned about it on June 23rd. Does that mean nobody thought of it before? But the decision seems totally based on the phone destruction, without looking at the deflation issue. Really, the NFL’s contempt for due process is self-serving, but not surprising. Whatever the contract’s failure to protect players, the courts may just say Brady is stuck with it.
Facts and evidence should matter on this blog.
Destroying a personal cell phone is evidence of the destruction of a personal cell phone.
Destroying a personal cell phone is not evidence of any rules violation.
The NFL does not have rules against the destruction of personal cell phones.
Brady offered the names and numbers of his correspondents to the NFL for further inquiry and collection of phone data. The NFL allegedly refused that information.
—–
BTW
(Did you see Brady, the greatest player in NFL history, score enough points to beat the Seattle WhimpHawks after a deliberate, superior and professional defensive play by his team mates? The Patriot defense saved the best for last – playing all 60 minutes. That’s what I call greatness).
Gisele broke that phone, and with it, Goodell’s heart. Also his contract with Pornhub for delivery of the pics on it.
One question: who here would voluntarily turn over their smart/cell phone to a third authoritarian party to rummage through? I wouldn’t do it short of a warrant by law enforcement. What stops the 3rd party from seeing everything, not just some texts about footballs deflated or otherwise? Lost in the miasma is the very simple …s-i-m-p-l-e …fact is that if the NFL just took control over the footballs all of the time except when in actual play this fandango couldn’t happen. They could even allow “scuff up” time, but under the umpires supervision in an NFL room. Actually have the NFL provide the footballs in fact…its not like they can’t afford it. But they still won’t do that. Why?
This is one of many reasons the NFL makes me yawn. Here it is in late July and the NFL’s last year’s “inflate-gate” is still news? Planned much? Never mind the balls in question were those used in a total blow out of the objecting team…after the issue was cited no less….and corrections presumably made. Or not. Please. Just please. PLUNK!! (sound of my face hitting my keyboard due to nodding off) 😀
Say it ain’t so, Brady.
IF he broke the rules, then I would respect him more if he admitted it and took his punishment.
His excuse about the phone might be, if Hillary Clinton can do it, why can’t I?
Karen – Hillary got an ambassador killed, used an illicit email account while Sec. of State., sent classified info over that same system. Cleaned the system, without outside supervision, then wiped the drive clean. She gets to run for President. Why are they persecuting Tom Brady over a cell phone?
The NFLPA gets undeniably weaker with every strike and lockout (or threat thereof) that passes. The players are used like puppets (albeit highly-paid, short-contract puppets), have their bodies beaten to pulp, and put out to pasture with a list of job-related ailments we’re still only learning about and the NFLPA is mostly powerless to do anything about it. It’s been the power of public opinion that’s shamed the owners into doing anything remotely responsible about it, and long after the fact.
The MLBPA, now there’s a union with some cajones! It’s effectively ruined the game of baseball with its steroid-enhanced meaty contracts for its cheating constituency, lack of any home-town player allegiance (oh how we long for the days of a Cal Ripken, Jr.-like superstar staying with one team for the duration), and its bullying of owners into ignoring all its Hoffa-esque ills.
Brady should learn to throw a fastball and all would be well.
If there really was justice applied to this case, the Patriots should be forced to disgorge their Super Bowl trophy, rings, and title. Whining and posturing aside, he knew they wanted his phone and records. If he wanted to get a new phone, he could have just bought one and kept the old one, but he destroyed the old phone after being asked for the information it contained. He’s a cheater, pure and simple, and he got caught with his balls deflated. If there isn’t severe punishment, then the NFL will degenerate into nothing more than entertainment with a sports theme–you know, like Championship Wrestling. Maybe it’s already there.
The greatest football player in the history of the NFL, a PATRIOT, is compelled to periodically destroy his phone and records because of his celebrity status.
The inspection of footballs is a function of the NFL. Air pressure is assured by the league before, during and after. In theory, it is impossible for footballs NOT to be at the pressure established by the league.
Air pressure varies due weather, usage and time. The specification is not absolute it is a range of values. Even the NFL doesn’t expect absolute consistency in football air pressure.
Why is the NFL enforcing air pressure and ignoring steroid and performance enhancing drug use and medical procedures.
Did anyone notice that Hillary kept multiple servers of commingled secret, perfunctory and personal data from the U.S. government with impunity?
If it is Brady’s practice to destroy his old phone, he is right to do so. Studies have shown that many supposedly wiped cell phones resold still have some of the old information on it, I don’t follow professional football unless it is something like this or the Arizona Cardinals hiring a female coach, so I have no skin in the game.
Brady shows his true colors… Worse than Hillary. This should be illegal. They should ex post facto him somehow. This is an injustice against America. Keep this story up front. The people need to know. #BringBackOurBalls
Meet king Goodell, king lord and executioner of the NFL. Brady’s appeal on the Goodell’s sentence gets judged by Goodell. The team gets fined $1,000,000 but they don’t have to pay Brady $500.000 per game for four games so the team saves $1,000,000. Isn’t a cell phone personal property to do with what you want?
Would really rich folks like Brady have other minions that would be in charge of the phone-destroying minions to make sure that they didn’t squeal to the authorities? Like capominions who would be the bosses of the goombaminions?
Someone didn’t do their job. Watch for the fish rolled up in newspaper.
How do you “order minions to destroy” your cellphone? My cellphone fits in my pocket, as I’m sure Brady’s does. Aside from not having minions, I would never allow someone to reach into my pocket for my cellphone. The mere thought makes me squirm.
But I don’t make millions a year, and maybe if I did I would have a minion just to reach into my pocket and answer my phone. Break it even. Hell, maybe Brady has lots of minions to perform many functions on his person.
Wiping his ass comes to mind.
I’m really supposed to care? I thought everyone lied about sex and deflated Footballs. Or maybe that was just their immigration status.
Who can blame him. The NFL isn’t a law enforcement agency. Doesn’t matter if he destroyed his phone, when he got a new one, the text messages will transfer. You can erase your text messages but a Cellebrite UFed unit can easily extrapolate those messages and go back years. Since football isn’t a law, I’d tell them to go to hell and throw my phone in the river and get a new number. Anyone in his spot would have done the same thing. Unless they had a warrant, forget about it.
Does the “ownership” of the cellphone itself play a legal role with any proceedings outside of a government Article III Court? As a U.S. Citizen, wouldn’t it take a judicial warrant from a court to seize the cellphone or a prosecutor issuing a warrant based on an existing court case if Brady owned the phone?
In Virginia, the ACLU of Virginia defended (and prevailed) representing Virginia State Troopers’ privacy rights from invasion from their own police management. In this similar case their police supervisors wanted to pursue fishing expeditions against the troopers’ personal privacy.
My rule is that you can destroy a fetus in ‘less crunchy’ ways that save the parts that are worth some dough (hopefully enough to buy a Lamborghini), but you must NEVER EVER destroy a cellphone when the Law has an interest in it.
As the footballers say: Kill the QB!, and sell his body parts.
But save the damn phone.
I would give the smug a-hole 4 more days suspension for destroying evidence and then lying, quite lamely, about why he did it
This is much ado about nothing and not fit for a topic on the blog. If the NFL has a concern about how much air is in Brady’s balls then they have the right and the duty to test his balls before every play, when the ball is brought or thrown onto the field. As to his private cell phone: maybe he was talking to some hookers and does not want their privacy disturbed. Goodell ought to be shown the door and we can then say Goodridance.
JT,
You left out crucial information: the NFLPA agreed, in the new CBA, to allow Goodell to be the appeals personnel. Why? Money. The Players wanted more money from the owners (who are represented by Goodell), in the form of bonuses, retirement account (if they last at least 10 years or was it 5?)-pensions-salaries, medical benefits, etc..
Either the NFLPA sucks, incompetent, or have no leverage against the owners and Goodell.
By the way, when my wife received a new cell phone, she did not destroy the old one. She sent the old one back to the phone company (she didn’t have to, but the company gave her a $13 credit to her phone bill if she sent the phone back in the package).