McCann: ‘A good sign for Brady’ when judge goes after NFL

Judge Richard M. Berman suggested Wednesday that he could have grounds to drop Brady’s suspension altogether should he decide to do so, citing concerns about the league’s issues with “fundamental fairness and evident impartiality”. There apparently was little progress last Wednesday when Brady and NFL Commissioner Roger Goodell appeared in Berman’s court.

Lawyers are scheduled to argue Wednesday whether it was fair for the NFL to suspend Brady for four games this season after Goodell concluded he conspired to deflate footballs before a playoff game.

The Patriots open their regular season on September 10 against the Steelers, a game for which Brady’s availability remains in question.

After the hearing, Berman met behind closed doors with both sides for more than an hour before the lawyers left court, saying the judge asked them not to discuss the negotiations publicly.

“The key reason is the NFL’s process for disciplining Tom Brady, and punishing and reviewing the punishment had a number of problems”, said McCann.

Ben Volin of the Boston Globe reports that the only principle in attendance was the NFLPA’s DeMaurice Smith.

“I’m still of the opinion that there are enough strengths and weaknesses on both sides which I believe a settlement seems like a logical and rational outcome”.

Brady’s attorneys filed documents Friday in U.S. District Court, alleging a smear campaign against the two-time NFL MVP and reiterating their claims of unfair treatment by Goodell and the league.

Berman continued by pointing out that there is precedent for overturning arbitration awards when witnesses have been withheld – not something the league wanted to hear.

Ian Rapoport of NFL.com is reporting as of late Wednesday, after the completion of the day’s suspension appeal hearing, that sources informed of Brady’s thinking indicate that the future Hall of Famer is “not willing to accept any suspension in settlement at this point.”

Brady will lose about $2 million of his salary if the four-game suspension stands.

Brady had initially planned to attend, but instead rejoined teammates at practice. Brady also destroyed a cell phone, obstructing the league’s investigation, the NFL claimed.

Brady and the NFL Players Association contend the arbitration was unfair and that Goodell was biased against him. “We understand that they may not want the commissioner to be the hearing officer, but the CBA says it is allowed”.

Brady missed Tuesday’s practice for the settlement discussions in front of one of Berman’s magistrates.