Stephen A. Smith is Just Wrong on Deflatgate

     It's becoming clear what the real point of contention. Goodell, the NFL, and Brady critics more generally want him to admit to guilt. That's what the tipping point is.

    The NFL is adamant that for Brady to get any reduction in his sentence he must affirm the Wells Report--which he has already contradicted under oath. 

   http://lastmenandovermen.blogspot.com/2015/08/on-tom-brady-nfl-sounds-more-like.html

   Brady is adamant that he won't do that. He will accept a fine but not accepting the Well's Report or any games. 

   But the lynch pin is admission of guilt. Stephen A Smith on First Take on ESPN seems to have wholly been in the tank for Roger Goodell on this issue. I don't know why for sure though I have a theory. 

  But what Smith argued today against Skip Bayless is this:e

  1. Smith in his own words admits that this whole scandal is 'much ado about nothing. I don't care whether he used a Nerf football, He's still Tom Brady and he is still great. I don't want him to not start the season.'

  2. However, he then switches gears and says 'Sure that's how I feel. .But I've spoken to players both current and past privately who say it does matter and a deflated football gets you a real advantage.'

  3. Anyone who argues against Goodell's punishment is 'arguing from emotion' Smith claims. It doesn't matter that the Well's Report didn't prove anything, it's just that Goodell is dictator of the NFL according to the collective bargaining agreement and his word is God. 

  Furthermore Smith goes into some hyperbole that the Sun might be blotted out of the Heavens or the earth will stop rotating on its axis, if Goodell doesn't get his way here. 

  The entire office of the commissioner will then be compromised and will fall apart, not just in football, but in baseball, basketball, and hockey too. 

  4. Finally he says 'Brady is not getting off entirely Scott free. He won't escape any punishment at all just because he's Tom Brady, the Golden Boy QB.'

  So everything is on Goodell being Supreme Dictator and how the world comes to an end if he's not Supreme Dictator. 

 Now what occurs to me is that what he says in 1 contradicts what he said in 4. If it's much ado about nothing why is he getting away with something to get off 'scott free?'

 I don't really Stephen A's sky is falling scenario if Goodell loses the case. He will lose some face surely but how come baseball went on after baseball lost on free agency back in 1975?

I notice that this judge much like Peter Seitz way back in 1975 is urging a settlement. He also seems to think there's more to it than Goodell's absolute power. He actually seems to wonder where all the NFL"s evidence for their steep fine for Brady-much steeper than the actual rules call for. 

Court has adjourned in New York, without a settlement.

Patriots quarterback Tom Brady, NFL commissioner Roger Goodell, and the legal counsel for both sides met with Judge Richard Berman at U.S. District Court in New York City Wednesday. The meeting was the first in an attempt to end the stalemate between the NFL and NFLPA over Brady’s punishment for his involvement in the Deflategate saga.

“I have not made up my mind which side will prevail,” Berman said after the initial meetings, according to ESPN’s Sal Palantonio. “I think there are varying strengths to both sides here.”

According to Palantonio, Berman said the two sides are still far apart, but the judge does believe there will be a settlement. Berman does not anticipate this case going to trial but the court will proceed on two tracks: settlement talks and litigation. Both legal teams said they were OK proceeding on both tracks.

Berman put the NFL on the defensive over its four-game suspension of Brady, demanding to know what evidence directly links Brady to deflating footballs and belittling the drama of the controversy.

"According to Stephen Brown, who covers the Manhattan Federal Court for the New York Daily News , Berman was skeptical of Ted Wells’s dual role as investigator and attorney as he was hired by the NFL."

 "Berman repeatedly asked NFL lawyer Daniel Nash for direct evidence as he gave both sides a chance to state their case in the first hearing before him."

 "Berman grilled Nash about why some evidence used in the Wells report wasn’t shared with Brady’s team and asked Nash if there is “any direct evidence linking Mr. Brady to tampering?”

 "Berman then added, “Turns out Mr. Brady did better with higher inflated balls than underinflated balls,” according to Brown. “You might say he got no competitive advantage.”

 http://www.boston.com/sports/football/patriots/2015/08/12/tom-brady-cheered-roger-goodell-booed-upon-arrival-federal-court/BVFB8kUZdsZyrqDnc1uU0O/story.html

 Nothing here about Goodell's word being God. While I think Smith's scenario is to overwrought, it may well be what Goodell thinks will happen if he loses the case as well.

 P.S. My sense if that some people just want Brady to be punsihed because he's the Golden Boy. Maybe in their mind if he's punished this shows the rules are fair-which is an unjustified leap on logic to say the least.