Wednesday, 10 June 2015

Why Tom Brady Is Set To Lose Appeal

Ever since Tom Brady’s four-game suspension came into place, speculations are rife as to how the Patriots will fare in those first four-games of this season. Patriots for over a decade have not known how things will be without Brady. The only exception to this was in 2008 when Brady had to sit out due to an injury and Matt Cassel replaced him for a brief period. Amid all these developments, the only positive point that the Patriot fans could cling on to is Brady’s appeal. The appeal could reduce the suspension to two-games or eliminate the suspension all together, but seeing how things are progressing, the punishment will probably be maintained. This is what leading NFL experts think and they have reasons to believe so.

Patriots to lose a lot if appeal fails
The Patriots will be facing a difficulty time if Brady is to stay out for the first four-games. The opening game is against the Steelers. Steelers have stayed strong coming out 11-5 last season. The next game will not bring reprieve for the Patriots as they then face their toughest divisional rivals, the Bills. Though Patriots will be happy to face the Jaguars in the third game, yet they will face Cowboys in the fourth game. This again is a source of concern as the Cowboys came out 12-4 last season.
These are the reasons why the Patriots will be hoping for Brady to win the appeal.

NFL will never let its authority be challenged
Well what one thing must be clear to Brady’s agent is that they happen to be the loser in the appeal against NFL’s Deflategate scandal. They are well aware that the NFL commissioner possesses wide discretionary powers. These may be employed at any time when the need arises to protect the integrity of the game. This is the reason why you saw Brady’s agent resorting to angry comments but these do not in any way take to task the NFL authority or what integrity protection means to NFL. The only way that Brady could win his appeal is if his agent and attorney could prove that NFL had abused its authority. This is something that the NFL will never allow to happen.
Since Brady and company know this situation very well, the case is not about whether the punishment matches the offense. What we all know is that Brady will be set to lose his first four-games (25 percent of the regular season) if he loses appeal. However, at times, other players may face lesser punishment for a greater breach of rules.

The commissioner had the inherent authority
The issue though being seen with multiple inferences by different sides, yet it is all about whether the Commissioner had the authority or not. It is more about if the decision was arbitrary or not. Brady still stands to lose as the constitution and the bylaws vest the authority to the commissioner to rely upon what experts had to say in their findings.

Brady’s agent is yet to respond to Ted Wells’ challenge
Brady’s agent had a long list of complaints against the NFL decision. But when Ted Wells asked him to go ahead and release the transcripts, there was no answer. The transcripts are the interview notes that Brady’s agent has said were not included in the Wells report. Brady’s agent had been critical of the report saying that Tom Brady’s answer had not been included in the Wells Report. So now we have Wells asking Brady’s agent to release the transcripts but there is no answer. The only possible reason seems that some of the questions may have proven to be embarrassing to Brady regardless of why they were not in the report. So Agent Don Yee chose to abstain from responding to Wells’ challenge.

Going to court won’t be easy for Brady’s lawyer
Jeffrey Kessler, Tom’s lawyer has had success in the federal court, but there are reasons to believe that the same won’t happen again. Much of the success has been in front of Judge David Doty. Things have now changed as he has stepped down from taking such cases. He has even hit out on the league for different reasons, but he simply does not hear such cases again. So Kessler will have to do with another judge. It is hard to believe that Kessler will succeed in convincing another judge that Brady’s rights have been infringed.

The story has been trending with a bad impression
One of the underlying question is that how have things gone in Patriots’ way. Despite the loyalty of Patriots’ fans towards Brady, we all know that things have not been progressing smoothly for the Patriots. We were led into believing that the Wells report will exonerate the Patriots, but nothing of the sort happened. Another speculation was that the Report would go on to find more error with the league rather than with the Patriots. However, the opposite happened. Many were also led into believing that the Colts had actually deflated the footballs, but the opposite happened. The Patriots were declared guilty. The Patriots were also optimistic that the report would be buried on Friday or on weekend, but again nothing of the sort happened. So now we have Patriots again. Will the opposite keep happening for the Patriots again and again when Brady’s appeal is heard on the 23rd of June?

The irony
An irony that emerges in the scenario is that after Brady makes a comeback; his first game will be against the Colts. This is the same team that reported the matter to the NFL.

What people forget while making a conclusion?
One of the points that all Patriots fans should understand is that even though the report and the ruling may not be meeting the expectations of reasonable people, yet the judge will never be asking for their opinions. What matters the most in the appeal is that the Judge will not pay any attention to what NFL fans want. They on the contrary will rely considerably and largely on what their experts have to say on the issue. So here we go: even if considerable guilt is not established, the decision is likely to be upheld. 

The only hope for the Patriots
The only thing that may work out on the favor of the Patriots is that someone really neutral gets to make the decision. The Patriots will have a fair demand in this argument. Since the NFL has been pretty much inconsistent in its arbitrary decisions regarding disciplinary actions, bringing in a neutral arbitrator to hear the appeal only seems fair.
So Patriots fans are now missing out on the real scenario. Minds do differ on this issue, but the basis of the four-game suspension is not confined to deflating footballs. However, to prove this in the appeal will be a daunting task and something that Brady’s agent and attorney will be unable to prove.
Considering all these facts, it is highly likely that the suspension will stay. The only thing that the Patriots can rely on is that the NFL will reduce the suspension to a two-game ban.

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