NFL upholds Tom Brady's 4-game suspension; evidence hidden by destroying cell phone

by
Brian Snyder / Reuters

The NFL officially denied Tom Brady's suspension appeal Tuesday, upholding the four-game ban imposed on the New England Patriots quarterback for his role in the "Deflategate" scandal stemming from this year's AFC Championship Game.

The league's official statement on commissioner Roger Goodell's ruling states that Brady had his cellphone destroyed prior to meeting with independent investigator Ted Wells:

In the opinion informing Brady that his appeal had been denied, Commissioner Goodell emphasized important new information disclosed by Brady and his representatives in connection with the hearing.

On or shortly before March 6, the day that Tom Brady met with independent investigator Ted Wells and his colleagues, Brady directed that the cell phone he had used for the prior four months be destroyed. He did so even though he was aware that the investigators had requested access to text messages and other electronic information that had been stored on that phone. During the four months that the cell phone was in use, Brady had exchanged nearly 10,000 text messages, none of which can now be retrieved from that device. The destruction of the cell phone was not disclosed until June 18, almost four months after the investigators had first sought electronic information from Brady.

The NFL, based on both that evidence and the case presented in the Wells Report, thus concluded that Brady indeed participated in a scheme to alter the inflation level of footballs prior to the Patriots' conference title victory over the Indianapolis Colts.

Based on the Wells Report and the evidence presented at the hearing, Commissioner Goodell concluded in his decision that Brady was aware of, and took steps to support, the actions of other team employees to deflate game footballs below the levels called for by the NFL's Official Playing Rules. The commissioner found that Brady’s deliberate destruction of potentially relevant evidence went beyond a mere failure to cooperate in the investigation and supported a finding that he had sought to hide evidence of his own participation in the underlying scheme to alter the footballs.

Goodell's ruling tentatively has the future Hall-of-Famer in line to miss the first month of the regular season, before being eligible to return for New England's Oct. 18 game against the Colts, but the NFLPA and Brady's representation certainly aren't about to accept the discipline without a fight.

As the football world collectively awaited a decision on Brady's fate, reports surfaced over the past month suggesting that the players association would challenge any suspension in court.

"I hope they do the right thing, I hope they exonerate Tom and overturn his suspension, but if they don’t we’re prepared to take the next step, whatever that next step might be," NFLPA president Eric Winston told Pro Football Talk on July 22.

The union, soon after receiving clearance from Brady, was quick to release a statement indicating it would indeed appeal the league's ruling on his behalf.

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.

The NFL, too, has seemingly begun its preparation for such a case to unfold, asking a federal court in Manhattan to confirm the suspension, according to Scott Soshnick of Bloomberg Sports.

While the impact of such a move remains to be seen, the NFLPA can be expected to file its appeal under jurisdiction of Judge David Doty in Minnesota, where rulings have been favorable to players in past cases.

Given the possibility that the impending litigation will extend well into the regular season, Brady could conceivably seek an injunction that allows him to return to the field until a decision is made by the court system.

Either way, despite an official appeal ruling now having arrived at long last, the battle between the quarterback and the NFL appears to have just begun.

For now, second-year quarterback Jimmy Garoppolo is slated to take over under center in the three-time Super Bowl MVP's absence, looking to keep the Patriots competitive during a difficult early-season slate of games against the Pittsburgh Steelers, Buffalo Bills, Jacksonville Jaguars, and Dallas Cowboys.

The Digest

Complete guide to the decision on Tom Brady's suspension appeal

by theScore Staff
Chris Humphreys / Reuters

The NFL reached a decision on Tom Brady's appeal of his four-game suspension Tuesday, upholding the original discipline imposed upon the New England Patriots star quarterback.

The ruling hardly brings an end to the ongoing saga, as litigation is the next step in the NFLPA's process of challenging the suspension.

Reaction to the decision was widespread, as both those directly involved and many others around the football world were quick to weigh in.

NFL upholds Tom Brady's 4-game suspension; evidence hidden by destroying cell phone

Kraft fires back at NFL

Owner Robert Kraft made a surprise appearance at head coach Bill Belichick's press conference Wednesday, saying he regrets accepting the NFL's punishment of the Patriots and that "the league still has no hard evidence" against his team.

Robert Kraft on Brady's suspension: 'I was wrong to put my faith in the league'

Brady responds

Brady took to Facebook to deny accusations he intentionally destroyed his cellphone in an attempt to hide evidence and reassert his innocence of any wrongdoing. Brady said he won't allow his case to set a dangerous precedent for other NFL players.

Tom Brady explains broken cellphone, insists 'I did nothing wrong'

NFLPA ready for court

As expected, the NFLPA is prepared to take Brady's case to federal court. The players' union released a statement following the NFL's announcement Tuesday, taking aim at what it called an "outrageous decision" and stating its plans to appeal the ruling on Brady's behalf.

NFLPA to appeal NFL's 'outrageous decision' on behalf of Tom Brady

Brady's agent weighs in

Brady's agent, Don Yee, responded to the unfavorable ruling made against his client with a lengthy statement. Most notably, Yee spoke of the commissioner's disciplinary decision lacking precedence, as well as its negative impact on the game overall.

Brady's agent says NFL's ruling 'diminishes the integrity of the game'

The ruling up close

The NFL stated its case in deciding to uphold Brady's suspension with a comprehensive 20-page report. While plenty of information on the basis behind the decision can be found throughout, Goodell likening Brady's conduct to steroid use stands out well above the rest.

Roger Goodell sees steroid use as 'closest parallel' to Tom Brady's conduct

Patriots' reaction

The Patriots organization was the last in a long line of directly involved parties to weigh in on the ruling, releasing a statement through the team's official website Tuesday afternoon. New England stuck by the science-related points it made dating back to the AFC Championship Game, but this time suggested the NFL was attempting to destroy the reputation of the team's star player.

Patriots on suspension ruling: NFL 'attempting to destroy' Tom Brady's reputation

Further reading

With details on Brady's efforts to destroy evidence having come to light, Dan Shaughnessy of the Boston Globe writes that the Patriots quarterback has been forever tarnished:

According to the NFL, the Patriots cheated. They tampered with footballs after the balls were approved by game officials. The NFL terms it an ongoing "scheme." It’s not a huge transgression, but the tampering was done to gain a competitive advantage. It appears to have been systematic. Tom Brady knew about it, then he destroyed evidence.

Sorry. Obstructing an investigation by destroying evidence doesn’t play in America. No matter what happens now, the hard-earned accomplishments of Brady and the Patriots are tarnished.

Jason La Canfora of CBS Sports suggests Brady made a mistake in his dealings with Goodell, refusing to cooperate with the investigation and thus making his cover-up efforts worse than the crime:

Above all else, however, one gets the sense that Goodell feels as if he, and this disciplinary process, are being trifled with by Brady. And that never sits well with him. There was one particular passage in the conclusion where I could almost envision Goodell seething, stopping just short of writing - who the hell do you think you're fooling? And who the hell do you think you're messing with?

Brady's last hope now comes down to the lawsuit he and the NFLPA will soon file against the NFL, but ESPN legal analyst Lester Munson doesn't think his team stands much of a chance in federal court:

No, Brady will not succeed. Although he enjoys top-of-the-line legal representation and his lawyers will file a brilliantly written lawsuit, his effort to stop the suspension is doomed. There are two reasons why: First, federal judges are reluctant to reconsider the rulings of arbitrators; second, Goodell produced a decision on Brady that is brilliantly reasoned, meticulously detailed, and well-written. Goodell's recitation of the evidence of the tampering with game balls is powerful, and his description of Brady's attempt at a cover-up is persuasive.

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