Brady lawsuit: Cell phone is ‘a red herring’
Tom Brady’s “destroyed’’ cell phone was portrayed as a smoking gun in NFL Commissioner Roger Goodell’s decision to uphold his four-game Deflategate suspension, but the NFL Players Association used a different cliche for it: “Red herring.’’
As defined by Merriam-Webster, a red herring is “something unimportant that is used to stop people from noticing or thinking about something important.’’
In a petition filed Wednesday seeking to vacate the arbitration decison upholding Brady’s suspension, the NFLPA contested Goodell’s assertion that the destruction of the phone constituted withholding evidence:
The Award also makes much of Brady’s purported non-cooperation, (including a brand new, hyperbolic and baseless accusation that Brady “destroyed’’ his cell phone after being advised by his agents-lawyers not to tum over private communications to the NFL’s outside law firm). This issue is a complete red herring because the NFL already had all of the relevant text communications by Brady from other Patriots personnel-a fact established by Brady’s telephone records, which were produced at the hearing, and which showed the time and date of every text and phone call to or from Brady and Patriots personnel (or anyone else).
In arguing that Brady’s punishment “defied any concept of fundamental fairness,’’ the filing in U.S. District Court of Minnesota mentions the word “phone’’ 27 times. It claims Brady’s behavior was part “of his regular and long-standing practice of recycling phones in order to protect his family’s and friends’ privacy.’’
The petition contends the phone story was sensationalized by the NFL to compensate for weaknesses in its investigation:
“The shrill emphasis placed by Goodell on Brady discarding an old phone is an attempt to obfuscate and divert attention from the glaring flaws in the Award and arbitration process. It is much ado about a red herring and had no adverse impact on the Wells-Pash lnvestigation whatsoever.’’
In a Facebook post published earlier Wednesday, Brady provided his own account of what happened to the phone suddenly at the center of the months-long controversy.
I also disagree with yesterdays narrative surrounding my cellphone. I replaced my broken Samsung phone with a new iPhone 6 AFTER my attorneys made it clear to the NFL that my actual phone device would not be subjected to investigation under ANY circumstances. As a member of a union, I was under no obligation to set a new precedent going forward, nor was I made aware at any time during Mr. Wells investigation, that failing to subject my cell phone to investigation would result in ANY discipline.
Newspapers react to NFL upholding Tom Brady suspension
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