Judge Berman’s ruling embarrasses Goodell, NFL — though they should be getting used to it
COMMENTARY
After nearly eight months, an ‘’independent’’ investigation into the possible slight deflation of footballs, a couple of shamefulblunders by league-favored media members, a huge surge in national awareness of the Ideal Gas Law …
… the addition of “Dorito Dink’’ into our New England lexicon, the bludgeoning to a twitching, wheezing pulp of the word integrity, a shocking – shocking! — revelation about the pricing and availability of white pool covers …
…. one ridiculous punishment for that unexplained slight deflation of footballs, one unnecessary and temporary capitulation by Patriots owner Robert Kraft … one ridiculous arbitration hearing upholding the initial ridiculous punishment by the same man who signed off on the original ridiculous punishment …
… a shattered cell phone that doubled as a red herring, a mesmerizing hearing in federal court, an introduction to a sketch artist whose interpretation of Tom Brady’s mug suggested she might not have graduated with distinction from Art Instruction School …
… after all that and so much more … it’s over.
Hallelujah, it’s over, at least as much as we can hope for it to be over.
US District Court Judge Richard M. Berman proved his gavel is mightier than Roger Goodell’s hammer of justice Thursday, vacating the NFL commissioner’s arbitration of Brady’s four-game suspension for what the league determined was his “general awareness’’ of a plan to take the air out of footballs before the AFC Championship Game in January.
In explaining in a 40-page document released Thursday morning his reasons for overruling the arbitration, Berman in essence confirmed that his skeptical and underwhelmed tone in questioning the NFL lawyers during the hearing was not an attempt to push the league toward a settlement, but rather genuine bewilderment and even annoyance at how the league handled the situation at various points along the way.
The crucial paragraph is a doozy of a condemnation, and not just because the phrase “significant legal deficiencies’’ reminds us yet again that Goodell is not a lawyer, let alone a judge, and probably should resist behaving as if he is one going forward:
The Court is fully aware of the deference afforded to arbitral decisions, but, nevertheless, concludes that the Award should be vacated. The Award (Goodell decision) is premised upon 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 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.
Berman also put quote marks around one of the league’s favorite buzzwords – “independent’’ – in at least five occasions. He wrote that Brady did not receive proper notice that a ban for fiddling with the air pressure in footballs would be similar to what players receive for performance-enhancing drug use. He probably dealt Goodell’s dented commissionership its greatest blow yet, which is saying something since this is the third time in the past year the league has lost in federal court. All that was missing was a declaration that the whole damn thing was a rope-a-dope smear campaign to distract from the league’s most shameful and damaging issues – and who knows, maybe you can find that reading between the lines.
Yes, despite today’s humiliating body blow, the NFL will try to extend the fight for another round. In a statement, Goodell confirmed the NFL would exercise its right to appeal, citing the desire to “uphold the collectively bargained responsibility to uphold the integrity of the game.’’
Never mind that this entire process has been a referendum on whether he actually knows the definition of integrity. It’s not entirely over, but it is over enough, to the point that the defending Super Bowl champions can finally get on with full preparation for the season, knowing Brady will be behind center in Week 1 for the 14th straight season.
Brady has his job back. He also has, at least for now, his sweet vindication in Federal Court if perhaps not in the court of public opinion in 31 other NFL markets. The latter is utterly irrelevant anyway. It’s been the Patriots vs. every other franchise for years. Now the us-against-them approach is more transparent than ever.
It’s weird feeling, to rejoice after a court ruling, in part because Patriots fans should still be enraged about so much of this. The Super Bowl victory, featuring a transcendent fourth-quarter performance by Brady and more than one breathtakingly clutch defensive plays, was marginalized by all of this offseason nonsense.
Maybe all of this didn’t affect your enjoyment of the legacy-securing victory in the Arizona desert. But if it did, that’s criminal, because it never should have been that way.
Now just imagine how the players must feel.
Within the moment, Berman’s answer and the explanation are enough to make a Patriots fan’s Thursday, enough to add an air of anticipation to the rarely anticipated – the fourth and final preseason game. They might have to raise the banner immediately.
Berman’s decision is all the Patriots could ask for – and yet I can’t help but wish for one more scene, or, if this were a movie, a montage of scenes.
We have the answer and the explanation, but how I wish we could see the reaction. Or should I say, reactions.
Man, how I would have loved to be in the room when Colts general manager Ryan Grigson found out about Berman’s ruling. Wouldn’t you love to be there when Mike Kensil found out … and Jeff Pash … and Chris Mortensen … and Troy Vincent … and Mark Brunell?
Mostly, I wish I could have seen Roger Goodell’s face when the verdict came down on his head like an ACME anvil.
It must be humiliating, after eight months of shameless, hapless manipulation, to discover that a phony enforcer’s faulty hammer is no match for a judge’s gavel.
Then again, maybe he’s finally getting used to it.
Belichick yourself before you wreck yourself
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