Nope that ain't it ... it wouldn't matter what you did, as soon as anyone poked this dude and his mirco thin rice paper skin, he would cry. It's as plain as Money's crooked eye.
Brady suspended for 4 games HAHAHAHAHAHAHAHAHA
- Thread starter TheOriginalHappyGoat
- Start date
Are you being deliberately thick?
The content of Brady's phone is now unavailable because he destroyed it. He had a legal obligation not to do that. His chances in court have almost been completely wiped out by this revelation. He's done for.
Bwaaaaaahaaaaaa you lose AGAIN, which, btw has been every step of the way. Watch the news, read the tweets, Brady's credibility is eroding even where he had support previously & you have been reduced to a joke. Take solace in knowing you singlehandedly, through your immense failure, have provided more joy than anyone in the history of this board. Your boy's actions have made it impossible for him to be exonerated. Your team & quarterback cheat. Thanks for playing, moron.
Jeez, TMP, you seem to be the one with paper skin. I never called you out. Nor have I messed with any of your threads. You even answered my questions about audio phasing, as I recall. How 'bout some mutual respect here?
This thread, like it or not, is pop art. It's even profound in ways. Money adding his runny expertise would only add to it's non-genius. I love hating this thread. That's art.
Only football or religion or an infected anus, could create something this retarded for this long. Strike that, only football is dumb enough to create this. And, the ones that actually want to talk about it seriously. After how many months? Crack me up the most. WTF is wrong with these people? They're the same ones that pay attention to celebrities. They are the fluid that fill the douche that allow the douchebags fame.
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He had no legal obligation whatsoever to do that. He is party to a collective bargaining agreement that specifies that players "cooperate" with investigations. The NFL now has you believing that to cooperate is to turn over your cell phone, your tablet, your laptop, you bank accounts, your credit card receipts, or WHATEVER THE HELL IT IS THAT WE SAY THAT WE WANT.
The CBA doesn't define cooperation that way. No sane person would. No judge would. They had no right to his phone or his personal communications, so it matters not a bit whether they still exist or not.
it was, however, a HORRIBLE PR MOVE.
You and/or others here said he'd never go to court, being too afraid to go on the witness stand. It took less than an hour for the case to be filed.
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Lil' B...., I know you want attention and some ointment for your butthurt, but the smart people are trying to have a conversation and you're interupting. Which is rude. Im sure TMZ has a good expose on Kim Kardashian's lastest fart, and if you're here, how ya gonna sniff it?
For the first few pages, I found this thread entertaining. Then I found it annoying. I even unfollowed it for a while. Now, I'm just in awe of it's grandeur and absurdity.
And yes, I'm happy to add to that absurdity myself by schooling OS on legal duties.
Pay attention. If you don't believe me, ask another lawyer. I'm not talking about him handing his phone over to the NFL. Obviously, he was under no legal obligation to do that. No one ever thought he was in the first place. I'm talking about his duty not to destroy evidence.
As soon as a lawsuit became reasonably foreseeable, a common law and court rule-imposed duty arose to not destroy the phone. Because he destroyed the phone, a judge will likely issue the jury (or in the case of a bench trial himself use) an instruction of adverse inference. Essentially, because Brady destroyed the phone, the fact-finder is allowed to draw an inference that whatever was on the phone was damaging to Brady's case.
This duty has nothing to do with the NFL investigation and nothing to do with the CBA. It's a legal duty that is binding on everyone.
In fact, if Brady's lawyers did actually tell him to destroy the phone, they could be sanctioned and even disbarred. Spoliation of evidence is considered one of the gravest sins you can commit in legal procedure.
In short, because he destroyed the phone, it is now almost impossible for him to win in court. The only viable goal at this point has to be to drag the court case out long enough that his suspension won't take effect until after his retirement.
It's like a 80's era LA scene punk song. It reminds me of the Germs somehow.
Also, let's be real here. Brady didn't destroy his phone because of Deflategate evidence. He destroyed his phone because of whatever else is on there he didn't want anyone to see. He's going to get stuck with a 4-game suspension because he's having an affair with a cheerleader, or takes pictures of himself strangling kittens, or something completely unrelated like that.
You are blinded by love. 95% chance you are a woman. Can't do math, emotionally irrational. ...if we have proof that you can't drive I'm bumping the percentage to 99.9%.
I'd put money on it being Curt Schilling or Rodney Harris. Probably both.
Also, the NFL filed in court, not Brady.
Which was itself a kind of shady move, but no surprise. Not even Brady's biggest critics think the NFL is a stand-up organization.
At first I thought you were being clever. Now I wonder if you just suck at using the quote function.
Brady deflated his phone the day he was supposed to meet with the Wells investigators...and didn't disclose that his phone was distroyed until the most recent round of interviews....the phone he was using from November of 2004 to March of 2015.
How does the ideal gas law explain this?
How does the ideal gas law explain this?
Are you talking to me?
I cant tell with the new format.
I know what Im doing
I cant tell with the new format.
I know what Im doing
Spoliation is also irrelevant here, according to legal experts
Personal phones don't apply to spoilation in labor cases unless they are part of a CBA.
https://twitter.com/stephstradley
"Evidence spoliation mostly applies when the state or opponent is entitled to that information. Union guy's cell? Nah"
"if you are going to rely on extent of cooperation as a part of punishment, you better document accurately and completely what was asked for, why you were entitled to it, and perhaps that it couldn't not be obtained by other less intrusive means"
.
bio: http://www.stradleylaw.com/about-stradley-law/stephanie-stradley/
Personal phones don't apply to spoilation in labor cases unless they are part of a CBA.
https://twitter.com/stephstradley
"Evidence spoliation mostly applies when the state or opponent is entitled to that information. Union guy's cell? Nah"
"if you are going to rely on extent of cooperation as a part of punishment, you better document accurately and completely what was asked for, why you were entitled to it, and perhaps that it couldn't not be obtained by other less intrusive means"
.
bio: http://www.stradleylaw.com/about-stradley-law/stephanie-stradley/
No, they both did, 15 minutes apart. At least the NFL's filing was reported 15 minutes earlier than Brady's.
She's wrong. Like you, she's confusing the NFL's investigation with the legal case. The cell phone is absolutely relevant to the legal case, at least if Brady wants to argue any sort of actual innocence, or even make an arbitrary and capricious claim against the NFL. It's probably also relevant if he wants to sue for defamation.
His only option left available is to argue that the disciplinary process itself is a violation of the CBA or labor law (remember a few weeks ago, when I told you that is exactly what he was going to end up with?), and that's the hardest row to hoe out of all his options.
Destroying the phone ruined almost any chance he had at winning in court.
All I've seen is a report that Brady gave the NFLPA permission to file. They haven't filed yet.
Thank you for using this phrase correctly...people screw it up all the time.
It would be relevant to the defamation case. The ENTIRE Federal case will all be about the arbitrary and capricious make-it-up-as-we-go-along damn-the-CBA methods of the NFL. It is a labor dispute. Can an employer assert that an agreement to cooperate in an investigation implies sharing text messages without the consent of the people you were corresponding with and without a subpeona.
The trial unfortunately will likely have little to do with guilt or innocence, unless Brady's team figures out what scientists the NFL went to first, who gave them disappointing info. That would make the scientific investigation itself arbitrary and capricious. They asked the NFL for communications with the "independent investigator" Wells, but they refused on attorney-client confidentiality grounds, showing that the tag "independent" is a sham.
Unfortunately for Brady, the "arbitrary and capricious" standard is the most difficult one for an appellant to meet. And the fact that he destroyed his phone will hurt him here, because, even though he was under no legal duty to give the NFL his phone, the fact that he actively destroyed evidence would be a valid reason for Goodell to draw the adverse inference he did. Brady has no case here.
The only case he has, and it's a doozy, is to argue that the actual discipline process itself is illegal. Not just how it was applied to him, but how it was actually organized. Either because it violates the CBA, or because it violates labor law.
That is nigh impossible.
Brady's screwed on this.
Also, let's be clear on this: the duty not to destroy evidence is one that potential litigants owe to the court, not to each other. That's why Steph whatshername is wrong, and probably why she's a sports reporter instead of a lawyer.
Personal cell phones and transcripts of private conversations are simply NOT evidence that the NFL is entitled to obtain by whim.
It it NOT spelled out in the CBA as the definition of being cooperative.
give me your cell phone
give me your tablet
give me your laptop
give me your checking account data
give me your credit card spending data
give me your wife's cell phone
give me your wife's tablet
Say no once....NOT COOPERATIVE!
the witch hunt is open-ended, if you are the NFL
It it NOT spelled out in the CBA as the definition of being cooperative.
give me your cell phone
give me your tablet
give me your laptop
give me your checking account data
give me your credit card spending data
give me your wife's cell phone
give me your wife's tablet
Say no once....NOT COOPERATIVE!
the witch hunt is open-ended, if you are the NFL
Doesn't matter. Brady owed a duty to the court not to destroy potential evidence. The CBA is irrelevant on this count. This is something that only comes up in court, not the NFL's investigation. I don't know why this distinction is so difficult for you to understand.
I don't know why you are such an obtuse, dense, retarded, and supremely arrogant asshole, but you are.
I'll let attorney Kessler spell out the important issues in the lawsuit:
The NFL Players Association issued the following statement on NFL commissioner Roger Goodell upholding New England Patriots quarterback Tom Brady's four-game suspension:
"The Commissioner's ruling today did nothing to address the legal deficiencies of due process. The NFL remains stuck with the following facts:
1) The NFL had no policy that applied to players;
2) The NFL provided no notice of any such policy or potential discipline to players;
3) The NFL resorted to a nebulous standard of "general awareness" to predicate a legally unjustified punishment;
4) The NFL had no procedures in place until two days ago to test air pressure in footballs; and
5) The NFL violated the plain meaning of the collective bargaining agreement.
The fact that the NFL would resort to basing a suspension on a smoke screen of irrelevant text messages instead of admitting that they have all of the phone records they asked for is a new low, even for them, but it does nothing to correct their errors.
The NFLPA will appeal this outrageous decision on behalf of Tom Brady."
