Apparently, U.S. District Court Judge Richard Berman isn’t only interested in the process behind Tom Brady’s four-game suspension during the NFL and NFL Players Association’s settlement conference in New York.
Berman grilled NFL lawyer Daniel Nash on Wednesday, looking for direct evidence linking the New England Patriots quarterback to football deflation. Early in the proceedings, it wasn’t looking good for Brady, per New York Daily News Manhattan federal court reporter Stephen Brown, who tweeted out the exchange.
Nash admitted there is no text from Brady telling Patriots staffer John Jastemski to deflate footballs.
Check out Brown’s tweets:
Berman: "I think there are strengths and weaknesses to both sides here" while listing many reasons to settle #DeflateGate case.
— Stephen Brown (@PPVSRB) August 12, 2015
Berman continues emphasizing hope for #DeflateGate settlement. "Everyone is of a view that this case can be resolved expeditiously."
— Stephen Brown (@PPVSRB) August 12, 2015
Daniel Nash for NFL now going to answer questions from Berman.
— Stephen Brown (@PPVSRB) August 12, 2015
Nash says Wells was retained "just to get the facts." Berman skeptical of Wells' dual role as investigator and attorney hired by NFL.
— Stephen Brown (@PPVSRB) August 12, 2015
Berman: Turns out Mr. Brady did better with higher inflated balls than underinflated balls. You might say he got no competitive advantage
— Stephen Brown (@PPVSRB) August 12, 2015
Berman: I’m trying to figure out what is the direct evidence that implicates Mr. Brady in that deflation…in that bathroom…on Jan. 18
— Stephen Brown (@PPVSRB) August 12, 2015
Berman continues pressing for direct evidence.
— Stephen Brown (@PPVSRB) August 12, 2015
Nash: "Is there a text in which Mr. Brady instructs someone to put a needle in a football? No there is not such direct evidence."
— Stephen Brown (@PPVSRB) August 12, 2015
Nash: But other evidence "clearly indicates Mr. Brady’s knowledge and encouragement of this activity." Such as texts after game
— Stephen Brown (@PPVSRB) August 12, 2015
Nash: "The phone was destroyed. A factfinder, in this case Mr Goodell, it’s clearly reasonable to infer is further evidence of culpability"
— Stephen Brown (@PPVSRB) August 12, 2015
Berman: I don't know what to make of that finding Tom Brady was at least generally aware of the activities of" Mcnally, Jastremski.
— Stephen Brown (@PPVSRB) August 12, 2015
Nash: "Under the legal standard you could not possibily say the conclusion in the commissioner's decision doesn’t have a basis in" CBA.
— Stephen Brown (@PPVSRB) August 12, 2015
BERMAN: "Somebody deflated the balls, but it didn’t help Mr. Brady. Does that matter?"
— Stephen Brown (@PPVSRB) August 12, 2015
Nash: "What matters is the commissioner’s thought on that. His judgement."
— Stephen Brown (@PPVSRB) August 12, 2015
Berman: From legal perspective: "You have to show that conspirators intended to be in the conspiracy…Is there a meeting?"
— Stephen Brown (@PPVSRB) August 12, 2015
Berman: "I’m not sure where the 'gate' (in #DeflateGate) comes from. The Wells Report and the award relates only to one game."
— Stephen Brown (@PPVSRB) August 12, 2015
Berman: "What is the evidence of a scheme or conspiracy that covers the Jan. 15 game? I’m having trouble finding it."
— Stephen Brown (@PPVSRB) August 12, 2015
Nash: "It starts with that (deflation) happened."
— Stephen Brown (@PPVSRB) August 12, 2015
Now Berman turns to argument by Brady team that NFL rules say he deserves a fine, not a suspension. If it applies to players. #DeflateGate
— Stephen Brown (@PPVSRB) August 12, 2015
Nash cites Ray Rice suspension as evidence of Goodell's authority to dole out suspensions.
— Stephen Brown (@PPVSRB) August 12, 2015
Nash cites Supreme Court rulings. "When disputes like this are resolved, courts must defer to the arbitrator." #DeflateGate
— Stephen Brown (@PPVSRB) August 12, 2015
Thumbnail photo via Winslow Townson/USA TODAY Sports Images