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Watched this on ESPN last night. It seems that the three judges were not amused by the amount of evidence against that lying, cheating bastard. He may still get that 4-game suspension. When reading this article remember that Florio was once a trial lawyer and seems to know what he's talking about.
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http://profootballtalk.nbcsports.co...es-in-says-bradys-lawyer-took-it-on-the-chin/
Curran chimes in, says Brady’s lawyer “took it on the chin”
Posted by Mike Florio on March 3, 2016
Going in to Thursday’s federal appeals court hearing, the deck seemed to be stacked in favor of Patriots quarterback Tom Brady, with two of the three judges appointed by Democratic presidents and thus philosophically inclined to align with labor interests over management rights. During the hearing, it didn’t go quite as smoothly for Brady’s camp.
Amid multiple accounts that the three judges went harder after Brady’s lawyer, Jeff Kessler, than they did against the league’s lawyers, Tom Curran of CSN New England says bluntly that Kessler “took it on the chin.”
At one point, Judge Denny Chin said that the evidence of tampering with footballs was “compelling, if not overwhelming,” and that there was evidence to support the belief that Brady “knew about it, consented to it, encouraged it.”
Chin, frankly, is right; the texts exchanged by John Jastremski and Jim McNally suggest that something improper was happening generally, and Brady’s ill-advised evasiveness when testifying before Commissioner Roger Goodell could be construed as a superficial effort to conceal the possibility that Brady wanted the footballs to be below 12.5 PSI by declining to admit the obvious reality that Brady wanted the footballs to be inflated at the low end of the permissible spectrum.
The real question regarding the league’s investigation is whether enough evidence was developed to show that tampering actually happened on January 18, 2015. The league believes there is, and the PSI readings coupled with a rudimentary understanding of the laws of science suggest there was not.
Still, that nuance apparently was lost in the shuffle as Kessler found himself unexpectedly backed into a corner by a panel that should have been more inclined to rope-a-dope the league’s counsel. Per Ben Volin of the Boston Globe, Kessler at one point became “exasperated” over the fact that the judges were caught up in their interpretation of the facts in a proceeding that isn’t supposed to entail adjudication of what did and didn’t occur.
But even though cases resolved at the federal appeals level are supposed to hinge on how the law applies to the facts and not what the facts really are, judges need to believe that they are doing justice. If a judge believes that one side or the other behaved inappropriately in connection with the underlying events, that belief will shape the judge’s interpretation of the law.
For most cases being resolved on appeal, there’s no calculation or formula. The law is malleable, and good judges can find a way through the weeds to support whatever the judge wants to do. What the judge wants to do is influenced by what the judge believes should be done. Which makes it critical for every lawyer in every case to quickly and persuasively sell the folks in the black robes that their client wears a white hat.
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I am not sure why people keep bringing up the “ideal gas law”. The ideal gas law requires “ideal” conditions. Those did not exist, so the ideal gas law does not apply and cannot be used to predict the pressure of the footballs in question.
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If the standard for “guilty” is 51% likely, and the circumstantial evidence is overwhelming, then it’s a done deal.
Sure “ideal gas law” COULD explain why the balls were deflated, but it doesn’t explain away all the other evidence.
Also, there were 4 balls psi that were significantly BELOW the maximum estimated effects of the ideal gas law.
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They were given months to study all the facts in the case. Much longer than the district judge. One of them stated they were surprised Goodell didn’t add more games on top of the 4 for destroying the phone. ruh-roh
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Funny how Pats fans keep quoting science and atmospheric conditions, yet ignore and still can’t explain ol Tommy immediately trying to contact ” The Deflator ” when he was under investigation, destroying his cell phone , or for that matter , still going along with the ridiculous story that ” The Deflator ” was called that because he was losing weight . These judges see what everyone outside of Boston sees and are not buying the bunk Tommy and his lawyer have been selling
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The undisputed fact that the Patriots nicknamed one of the key employees “the Deflator” is beyond hilarious. The fact that the Patriots tried to explain that away by saying he wanted to lose weight is what convinced me that the Patriots were caught cheating again. The Patriots might be successful in convincing their own fan base that this is a plausible explanation, the rest of the football world is nowhere near that level of gullibility.
Let’s face facts folks, the Patriots owe many of their Superbowls to Spygate and the one they won last year was not due to Spygate but it doesn’t mean they didn’t cheat in the post season, independent of whether it helped them or not.
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http://profootballtalk.nbcsports.co...es-in-says-bradys-lawyer-took-it-on-the-chin/
Curran chimes in, says Brady’s lawyer “took it on the chin”
Posted by Mike Florio on March 3, 2016
Going in to Thursday’s federal appeals court hearing, the deck seemed to be stacked in favor of Patriots quarterback Tom Brady, with two of the three judges appointed by Democratic presidents and thus philosophically inclined to align with labor interests over management rights. During the hearing, it didn’t go quite as smoothly for Brady’s camp.
Amid multiple accounts that the three judges went harder after Brady’s lawyer, Jeff Kessler, than they did against the league’s lawyers, Tom Curran of CSN New England says bluntly that Kessler “took it on the chin.”
At one point, Judge Denny Chin said that the evidence of tampering with footballs was “compelling, if not overwhelming,” and that there was evidence to support the belief that Brady “knew about it, consented to it, encouraged it.”
Chin, frankly, is right; the texts exchanged by John Jastremski and Jim McNally suggest that something improper was happening generally, and Brady’s ill-advised evasiveness when testifying before Commissioner Roger Goodell could be construed as a superficial effort to conceal the possibility that Brady wanted the footballs to be below 12.5 PSI by declining to admit the obvious reality that Brady wanted the footballs to be inflated at the low end of the permissible spectrum.
The real question regarding the league’s investigation is whether enough evidence was developed to show that tampering actually happened on January 18, 2015. The league believes there is, and the PSI readings coupled with a rudimentary understanding of the laws of science suggest there was not.
Still, that nuance apparently was lost in the shuffle as Kessler found himself unexpectedly backed into a corner by a panel that should have been more inclined to rope-a-dope the league’s counsel. Per Ben Volin of the Boston Globe, Kessler at one point became “exasperated” over the fact that the judges were caught up in their interpretation of the facts in a proceeding that isn’t supposed to entail adjudication of what did and didn’t occur.
But even though cases resolved at the federal appeals level are supposed to hinge on how the law applies to the facts and not what the facts really are, judges need to believe that they are doing justice. If a judge believes that one side or the other behaved inappropriately in connection with the underlying events, that belief will shape the judge’s interpretation of the law.
For most cases being resolved on appeal, there’s no calculation or formula. The law is malleable, and good judges can find a way through the weeds to support whatever the judge wants to do. What the judge wants to do is influenced by what the judge believes should be done. Which makes it critical for every lawyer in every case to quickly and persuasively sell the folks in the black robes that their client wears a white hat.
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I am not sure why people keep bringing up the “ideal gas law”. The ideal gas law requires “ideal” conditions. Those did not exist, so the ideal gas law does not apply and cannot be used to predict the pressure of the footballs in question.
-------------
If the standard for “guilty” is 51% likely, and the circumstantial evidence is overwhelming, then it’s a done deal.
Sure “ideal gas law” COULD explain why the balls were deflated, but it doesn’t explain away all the other evidence.
Also, there were 4 balls psi that were significantly BELOW the maximum estimated effects of the ideal gas law.
----------
They were given months to study all the facts in the case. Much longer than the district judge. One of them stated they were surprised Goodell didn’t add more games on top of the 4 for destroying the phone. ruh-roh
----------
Funny how Pats fans keep quoting science and atmospheric conditions, yet ignore and still can’t explain ol Tommy immediately trying to contact ” The Deflator ” when he was under investigation, destroying his cell phone , or for that matter , still going along with the ridiculous story that ” The Deflator ” was called that because he was losing weight . These judges see what everyone outside of Boston sees and are not buying the bunk Tommy and his lawyer have been selling
---------
The undisputed fact that the Patriots nicknamed one of the key employees “the Deflator” is beyond hilarious. The fact that the Patriots tried to explain that away by saying he wanted to lose weight is what convinced me that the Patriots were caught cheating again. The Patriots might be successful in convincing their own fan base that this is a plausible explanation, the rest of the football world is nowhere near that level of gullibility.
Let’s face facts folks, the Patriots owe many of their Superbowls to Spygate and the one they won last year was not due to Spygate but it doesn’t mean they didn’t cheat in the post season, independent of whether it helped them or not.
