Put this in the 'W' column for Brady
- By Maureen Mullen, Sports Editor
- Sep 4, 2015
- 3 min read

FOXBOROUGH – From the carrier pigeons and smoke signals that federal Judge Richard M. Berman had been sending out, the conclusion had started to become clear. So, perhaps it was not a big surprise when he issued his ruling Thursday vindicating Tom Brady, rescinding his four-game suspension, and slamming NFL commissioner Roger Goodell.
As the Deflategate quagmire wore on -- mercilessly, unrelentingly, nonsensically for months on end -- it became increasingly clear Goodell did not have a legal leg to stand on. His policies and procedures ranged from inadequate to nonexistent, while his grasp on his league’s collective bargaining agreement was highly questionable.
In his decision, Berman wrote:
“The Award is premised on several significant legal deficiencies, including (A) inadequate notice to Brady of both his potential discipline (four-game suspension) and his alleged misconduct; (B) denial of the opportunity for Brady to examine one of the two lead investigators, namely NFL Executive Vice President and General Counsel Jeff Pash; and (C) denial of equal access to investigative files, including witness interview notes.”
In other words, Berman told Goodell to get the heck out of his courtroom. With that statement, Berman informed Goodell that the commish was way over his head and out of bounds in meting out his own special brand of justice.
Berman’s ruling said nothing of whether or not Brady actually had anything to do with deflating footballs. It didn’t have to. That was not the point in this ruling. It was Goodell’s indiscriminate use of his power that got decimated.
But the court of public opinion likely already has ruled on Brady and the Patriots, and that verdict is not likely to be overturned. There are lots of football fans – and non-football fans, too, since Deflategate has become so all-consuming – who are certain Brady and the Pats are guilty. And that is something Berman’s ruling can’t rectify.
But Brady has made a career of comeback wins ever since he was drafted in the sixth round with the 199th overall pick in 2000 – the seventh quarterback taken that year. He’s outlasted all of them. Chris Redman (third round, Baltimore Ravens) was the last to play, appearing in five games for Atlanta in 2011.
The Patriots released a statement Thursday from owner Robert Kraft.
“As I have said during this process and throughout his Patriots career, Tom Brady is a classy person of the highest integrity. He represents everything that is great about this game and this league. Yet, with absolutely no evidence of any actions of wrongdoing by Tom in the Wells report, the lawyers at the league still insisted on imposing and defending unwarranted and unprecedented discipline. Judge Richard Berman understood this and we are greatly appreciative of his thoughtful decision that was delivered today. Now, we can return our focus to the game on the field.”
I am sure legions of Patriots fans echo that sentiment.
But, in case you thought this was the end of the saga, be warned: It may just be the latest installment. The NFL released a statement from Goodell, proving some people just don’t know how or when to cut their losses.
“We are grateful to Judge Berman for hearing this matter, but respectfully disagree with today’s decision. We will appeal today’s ruling in order to uphold the collectively bargained responsibility to protect the integrity of the game. The commissioner’s responsibility to secure the competitive fairness of our game is a paramount principle, and the league and our 32 clubs will continue to pursue a path to that end. While the legal phase of this process continues, we look forward to focusing on football and the opening of the regular season.”
That paragraph is loaded with irony, not the least of which is Goodell invoking the game’s integrity, which has become suspect under his watch. Then, in referencing the 32 clubs, Goodell includes the Patriots. And then comes his mention of the opening of the regular season. The Patriots kick off the NFL’s season next Thursday night – at Gillette Stadium, with Brady quarterbacking after the Patriots unfurl their latest Super Bowl banner. Traditionally, the commissioner would be in the house to celebrate. Pretty sure that won’t happen this year.
Brady did not come out with the rest of his team for warmups or to start the Patriots’ final preseason game Thursday night against the Giants, delaying the fans’ frenzy until the opener against the Steelers. But he didn’t have to be on the field to get the biggest win of the day -- and one of the biggest of his career.
Maureen Mullen can be reached at mmullen@itemlive.com. Follow her on Twitter at@MaureenAMullen.
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