Judge Berman 'Grills' NFL On Proof Of Brady Knowing About Deflated Footballs
BOSTON (CBS) -- In the weeks leading up to Tom Brady and the NFL's meeting with U.S. District Judge Richard Berman, it was widely believed that the discussions would focus almost entirely on the collective-bargaining agreement and whether the discipline process employed by Roger Goodell was fair.
As it turns out, there's more than just process on the table for Judge Berman.
Berman began Wednesday's session by asking a string of pointed questions to the NFL, many of which centered on whether the league had actually proven that Tom Brady played a role in any plan to deflate footballs in the AFC Championship Game.
New York Daily News reporter Stephen Brown provided a thorough play-by-play of events on Twitter.
Berman: "I think there are strengths and weaknesses to both sides here" while listing many reasons to settle #DeflateGate case.
— Stephen Brown (@PPVSRB) August 12, 2015
Berman continues emphasizing hope for #DeflateGate settlement. "Everyone is of a view that this case can be resolved expeditiously."
— Stephen Brown (@PPVSRB) August 12, 2015
Daniel Nash for NFL now going to answer questions from Berman.
— Stephen Brown (@PPVSRB) August 12, 2015
Nash: "There cannot be a dispute that Mr. Brady was afforded every right he has" under NFL CBA.
— Stephen Brown (@PPVSRB) August 12, 2015
Berman now turning to supposed "independence" of Wells Report commissioned by Goodell. #DeflateGate
— Stephen Brown (@PPVSRB) August 12, 2015
Nash says Wells was retained "just to get the facts." Berman skeptical of Wells' dual role as investigator and attorney hired by NFL.
— Stephen Brown (@PPVSRB) August 12, 2015
Berman grilling Nash on why some evidence used in Wells report wasn't shared with Brady team. Nash says it was privileged.
— Stephen Brown (@PPVSRB) August 12, 2015
Nash: So-called independence of Mr Wells, is...a complete red herring.
— Stephen Brown (@PPVSRB) August 12, 2015
Under the CBA it is not an argument that has any legal significance
Berman now turns to findings of Wells Report. Continues grilling Nash. #DeflateGate
— Stephen Brown (@PPVSRB) August 12, 2015
Berman: "Is there any direct evidence linking Mr. Brady to tampering?"
— Stephen Brown (@PPVSRB) August 12, 2015
Berman: Turns out Mr. Brady did better with higher inflated balls than underinflated balls. You might say he got no competitive advantage
— Stephen Brown (@PPVSRB) August 12, 2015
Berman: I'm trying to figure out what is the direct evidence that implicates Mr. Brady in that deflation…in that bathroom…on Jan. 18
— Stephen Brown (@PPVSRB) August 12, 2015
Berman continues pressing for direct evidence.
— Stephen Brown (@PPVSRB) August 12, 2015
Nash: "Is there a text in which Mr. Brady instructs someone to put a needle in a football? No there is not such direct evidence."
— Stephen Brown (@PPVSRB) August 12, 2015
Nash: But other evidence "clearly indicates Mr. Brady's knowledge and encouragement of this activity." Such as texts after game
— Stephen Brown (@PPVSRB) August 12, 2015
Berman: I don't know what to make of that finding Tom Brady was at least generally aware of the activities of" Mcnally, Jastremski.
— Stephen Brown (@PPVSRB) August 12, 2015
BERMAN: "Somebody deflated the balls, but it didn't help Mr. Brady. Does that matter?"
— Stephen Brown (@PPVSRB) August 12, 2015
Nash: "What matters is the commissioner's thought on that. His judgement."
— Stephen Brown (@PPVSRB) August 12, 2015
Berman: From legal perspective: "You have to show that conspirators intended to be in the conspiracy...Is there a meeting?"
— Stephen Brown (@PPVSRB) August 12, 2015
Berman: "I'm not sure where the 'gate' (in #DeflateGate) comes from. The Wells Report and the award relates only to one game."
— Stephen Brown (@PPVSRB) August 12, 2015
Berman: "What is the evidence of a scheme or conspiracy that covers the Jan. 15 game? I'm having trouble finding it."
— Stephen Brown (@PPVSRB) August 12, 2015
As expected, Berman then directed questions toward Jeffrey Kessler, who is representing Brady.
Now it's Jeffrey Kessler's turn. Brady's attorney. Berman urges him not to respond to Nash's statements to avoid spoiling settlement talks.
— Stephen Brown (@PPVSRB) August 12, 2015
Berman to Kessler: It looks like they...deflated the game balls? Why would either one of them do that without Mr. Brady's consent?"
— Stephen Brown (@PPVSRB) August 12, 2015
Kessler: "It is conceivable Mr. McNally thought it would be something that would be good for his QB. That makes a certain logical sense."
— Stephen Brown (@PPVSRB) August 12, 2015
Kessler: After all this money, all this investigation, he couldn't get beyond…at least he was generally aware something may have happened."
— Stephen Brown (@PPVSRB) August 12, 2015
Kessler is fired up.
— Stephen Brown (@PPVSRB) August 12, 2015
Kessler: "Even the NFL...does not try to contend any player can be disciplined for being aware of someone else's conduct."
— Stephen Brown (@PPVSRB) August 12, 2015
Berman: Why did Mr. Brady not cooperate with the Wells investigation, with respect to providing texts?
— Stephen Brown (@PPVSRB) August 12, 2015
Kessler says Wells didn't communicate directly with Brady, establish expectation of punishment is he didn't cooperate.
— Stephen Brown (@PPVSRB) August 12, 2015
Kessler says Brady didn't communicate with Wells on advice from his agent, Don Yee, who is also a lawyer.
— Stephen Brown (@PPVSRB) August 12, 2015
Kessler says Brady didn't cooperate out of privacy concerns.
— Stephen Brown (@PPVSRB) August 12, 2015
Kessler: "We've now put into the public record Mr. Brady's personal issues about a pool cover that appeared on national television!"
— Stephen Brown (@PPVSRB) August 12, 2015
But Kessler concedes Brady should have conducted himself differently with Wells.
— Stephen Brown (@PPVSRB) August 12, 2015
Kessler has moment of clarity: Calls this "the most overblown issue" he's ever dealt with in his career.
— Stephen Brown (@PPVSRB) August 12, 2015
Kessler: "He gets phones all the time! Whenever he gets one, he gives (the old one) to his assistant and says get rid of the phone!"
— Stephen Brown (@PPVSRB) August 12, 2015
Best Kessler quote: "Maybe if my grandmother had wheels she'd be a trolleycar!"
— Stephen Brown (@PPVSRB) August 12, 2015
Kessler says he plans to file one more opposition brief around Friday.
— Stephen Brown (@PPVSRB) August 12, 2015
Court is adjourned. Not clear if there is going to be anything more on the record.
— Stephen Brown (@PPVSRB) August 12, 2015
No settlement was reached on Wednesday, but Berman did meet with both sides separately after Wednesday's session. If the two sides can't reach a settlement on their own, they will meet with Judge Berman again on Aug. 19.