Michael Hurley Recaps DeflateGate Appeal Hearing Live From New York
BOSTON (CBS) -- Michael Hurley was present in the courtroom for Tom Brady and the NFL's DeflateGate appeal hearing in New York City. His written and tweeted recaps are below, but listen here for his live recap from outside the courthouse with Felger & Mazz.
Note: This post is a collection of tweets from Michael Hurley, who was present inside the courthouse for the appeal hearing between the NFL and Tom Brady. A more comprehensive story has been posted and can be seen by clicking here.
Just got out of court. I've been told that someone's been live-tweeting. Bummer. Regardless, I've got 5,743 words written, so I'll share. - 3:18 PM
Understanding that the judges' questions don't indicate how they'll rule, it felt like not a great day for Tom Brady's side. - 3:18 PM
The judges peppered both Kessler and Clement with questions, but they questioned Kessler more harshly. Put him on his heels. - 3:19 PM
Kessler, who's been absolutely brilliant throughout this process, for the first time was not impressive, in my opinion. - 3:19 PM
Just like with Judge Berman, things we didn't expect to be discussed were discussed in detail. - 3:20 PM
The judges did question Clement about Goodell considering new information at the hearing, as opposed to considering only facts from Wells. - 3:21 PM
Clement hung on this: Both Goodell and Wells did not believe Brady to be a credible witness. - 3:21 PM
HOWEVER, Clement also reiterated many times that Brady lied about his conversations with Jastremski. Yet that's not true. It's in transcript - 3:22 PM
I found it remarkable that the NFL's lawyer was repeating what is a known lie on the record for the commissioner. The point wasn't challenged - 3:22 PM
If I were to gauge the judges' feelings just by their line of questioning, it felt like Katzmann favored NFLPA, Chin/Parker leaned NFL. - 3:23 PM
However, Parker peppered Clement. "Is it cosmetic? Is it substantive? Is there any real advantage?" - 3:24 PM
Clement's argument was that the inflation levels affect every single offensive play, so it's a huge factor. - 3:24 PM
Clement argued that sports arbitrations are very different, and the commissioner therefore is best-suited to solve disputes. - 3:25 PM
Clement: "Courts shouldn't disturb that. The fact that it's more different is reason to give more deference." - 3:25 PM
Clement: "That's why he has this authority. This is not an authority that he necessarily wants." - 3:26 PM
Judge Katzmann hit Clement with some questions about the gifts to McNally/Jastremski. No evidence saying gifts were inducements. - 3:26 PM
Clement replied, "There is plenty in Wells report to draw the reasonable inference that those were inducements." - 3:27 PM
Clement then aggressively said Brady was lying when testifying. He again restated the lie which Goodell has told about the testimony. - 3:27 PM
*The lie, by the way, was that Brady said his talks with JJ were ONLY about ball preparation for SB. In fact, he said they discussed reports - 3:28 PM
Clement's turn at the stand lasted 28 minutes. Then it was Kessler's turn. He never really got going. - 3:28 PM
Kessler had to defend himself for saying the uniform policy did not apply. Kessler eventually said NFL used that as misdirection. - 3:29 PM
Kessler: "First of all it's not the policy we're relying upon.The NFL directed you to that policy. That's complete misdirection." - 3:30 PM
Kessler made a strong argument that only fines can be applied to offenses such as deflated footballs. Will have more on that later. - 3:31 PM
Kessler spent a lot of time arguing that the arbitrator can ONLY rule on the initial decision and CANNOT weigh new evidence in hearing. - 3:31 PM
However, as Judge Chin noted, the punishment did not increase after the hearing. So this fight seemed for naught. - 3:32 PM
Kessler on Goodell: "He does not have blanket authority. All the case law says it must be looked at in the CBA." - 3:32 PM
Kessler said "Please let me explain that" about 25 times. Constantly on his heels based on questioning. - 3:33 PM
Judge Parker, on phone: "Why can't adjudicator take an adverse inference? Brady's explanation made no sense. They weren't credible." - 3:33 PM
[In reference to previous tweet] This, to me, said the most about Parker's thoughts. - 3:33 PM
Kessler also said "I have to accept the facts" found by Wells. That could turn into a big story on its own, but in context, not really. - 3:34 PM
Longer quote: "I don't know if I agree with the facts, but that's different from accepting the facts for the purpose of this appeal." - 3:34 PM
More from Parker: "If federal rules apply to arbitrations, your point would be well taken. But this is arbitration. It's casual." - 3:35 PM
The end of that Parker quote, on arbitration procedures: "It's sometimes even down and dirty." - 3:35 PM
Kessler: I'm reacting, I'll be very honest, because I sense that you're all influenced by your view of the facts. - 3:37 PM
Parker: "We're influenced by the briefs you gentlemen filed." - 3:37 PM
Kessler argued adamantly that it was fundamentally unfair for Paul Weiss to be investigators AND arbitration lawyers. - 3:38 PM
CHIN: How do we second-guess on procedural issues in light of the deference?
JK: If you believe it's minor issue,then you don't second-guess - 3:52 PM
Chin didn't really buy into the lack of access idea. He said the rule applied to the exchange of exhibits, not investigative notes. - 3:53 PM
Kessler replied that Paul/Weiss used notes to craft arguments for appeal hearing. Ergo, fundamentally unfair. - 3:53 PM
This is how Kessler's time ended.
KESSLER: OK next one
Katzmann: That's enough. - 3:54 PM
In Clement's rebuttal, he said Brady wasn't "blind-sided" by destruction of phone popping up in hearing. Lack of texts was in initial ruling - 3:54 PM
Paul Clement, for NFL, actually said this: "It would be an awful shame if this had to hang over the head of the league for another season." - 3:55 PM
Clement: "I would urge the court not to reverse and remand but to … end this right now and order that the arbitration award be confirmed." - 3:56 PM
A more comprehensive story is available by clicking here.
