What's next for Tom Brady in his "Deflategate" appeal?
NEW YORK -- Tom Brady's appeal hearing was held on Tuesday at the NFL offices in New York. According to various reports, it lasted nearly 11 hours, with 10 hours of testimony being heard. Brady apparently didn't speak or testify at the hearing, but was there until the "bitter end" and came off as an "A-plus, 10 kind of guy."
CBSSports.com writer Jared Dubin give some insight into what's next in the case and what the affect may be on the Brady's season.
According to NFL Players Association lawyer Jeffrey Kessler, Brady's side made a "compelling case" for exoneration, one presumably based on the assertion that there was no direct evidence linking Brady to the deflation of footballs.
Commissioner Roger Goodell has the sole power to hear and decide on appeals of player suspensions if he so chooses. The players and owners collectively bargained that into the 2011 CBA. The players association tried to get around that in this case by insisting they'd call Goodell as a witness in Brady's appeal hearing, but Goodell refused to recuse himself and heard the appeal on Tuesday anyway.
All that's left for Brady to do now is wait.
For how long? Who knows. Greg Hardy's appeal was heard over a month ago and no ruling has been issued yet, though in that case the appeal was heard by independent arbitrator Harold Henderson. It's possible that the Patriots and/or Brady's lawyers can exert some pressure to get this thing over with quickly so it doesn't drag out, but there's no guarantee that would work.
If Brady's suspension is not reduced or overturned completely, one would expect that he and the NFLPA would then take the case to federal court. As NFL.com's Judy Battista wrote, the NFLPA has been looking for a way to attack the NFL's disciplinary process through the court system for a while now, even though they collectively bargained that process into the CBA.
"The players union certainly would welcome a court case for Brady. It has long looked for a way to attack the commissioner's disciplinary powers -- essentially, it would like to reopen the collective bargaining agreement to get the disciplinary process changed -- and Brady would be the perfect vehicle. If Brady goes to court, he will seek an injunction that would allow him to continue to play while the case makes its way through court. The risk there is the timing: Is it possible the case would come up later in the season, when Brady would least want to be off the field?"
The injunction might be the most interesting aspect of a potential appeal. Both Brady and the Patriots would likely be better off if the quarterback missed games early in the season rather than late. If the case were to drag out into the season and the NFLPA then lost, Brady could potentially be out during important parts of the playoff chase.
Court cases -- even those involving high-profile NFL players -- have been known to drag out for a while, and that could be worse for both the team and player than sitting out four games at the beginning of the season. Brady, though, is also said to be concerned about the suspension's potential impact on his legacy, and thus could be willing to take that risk.