It's a tradition that brides wear something old, something new, something borrowed and something blue on their wedding day. For Patriots quarterback Tom Brady, he just needs something new if he wants to win his appeal, failing which he will feel something blue.
That was the key takeaway from Commissioner Roger Goodell's press conference at the owners meeting in San Francisco this week.
"There's a process in place we want to follow," said Goodell. "The key for us is to be able to allow any information Tom Brady and his representatives have. Is there any new information he can bring clarity to, or something that wasn't in the Wells Report? ... That's why we'll keep an open mind."
The reference to something "new" is critical if Brady hopes to have his suspension reduced or altogether vacated. Unless Goodell, who is hearing the appeal, is provided new evidence that exonerates Brady, the suspension will stand. That's the bottom line.
The NFLPA will argue the suspension is based strictly on circumstantial and hearsay evidence without any direct evidence establishing that Brady was complicit in a conspiracy to deflate footballs. The Union will also argue that the four game suspension is far too severe and violates the basic legal principle of proportionality - the punishment must fit the crime. Specifically, they will say the rules provide that “if any individual alters the footballs, or if a non-approved ball is used in the game, the person responsible...will be subject to discipline, including but not limited to, a fine of $25,000.” While this language clearly does not limit the penalty to $25,000, it nevertheless establishes a baseline for the punishment, and the suspension represents a dramatic and unwarranted departure from that baseline.
The NFL will come right back and remind the Union that Brady's 4 games suspension includes failing to cooperate with the investigation. That might be a good time for the Union to remind the NFL that it only fined Brett Favre $50,000 for not cooperating with its investigation into the Jenn Sterger texting saga.
All of these are good sound arguments. It won't matter, though, unless Brady can present new evidence. Without that, his appeal will fail.
