The judges seem skeptical of claims Deflategate Tom Brady

An appeals panel of the federal court said Thursday that there was sympathetic Patriots quarterback Tom Brady defense 's in what is known as the Deflategate case, perhaps signaling that it will vacate the judgment of the district court in against the NFL

The hearing was ostensibly about whether the NFL Commissioner Roger Goodell overstepped his bounds as arbitrator in the appeal of his four-game suspension Brady. Judge Richard M. Berman of Federal District Court in Manhattan ruled in September that Brady had not been treated fairly and should not be suspended by deflating the balloons because he had not been aware that misconduct may lead to kind of punishment he had received.

Goodell and Brady did not attend the appeal hearing, unlike in August, when they appeared in court twice next and attracted hundreds of onlookers and television crews dozens.

But the tension in the Thursday room was palpable as lawyers for both sides were interrogated for over an hour, and it seemed that at least two of the judges were skeptical of the arguments presented by Jeffrey Kessler, counsel for the Players Association NFL, which was Brady representative.

Of the three judges on the panel, Barrington Daniels Parker Jr. was the most critical of claims of Brady. Denny Chin, another judge, also seemed to have reservations about Kessler's arguments. Chief Judge Robert Katzmann seemed to be the friendliest.

"Anyone within 100 yards of this procedure would have understood the issue of mobile phone would have raised the stakes," Parker said. "Lord. Brady's explanation made no sense whatsoever."

The NFL has argued that Goodell was justified because suspend Brady Brady had obstructed the investigation of the league when it destroyed one of their cell phones, conduct that the commissioner thought it was detrimental to the league.

Brady said he routinely destroyed their phones to protect your privacy, and Kessler said Thursday that the league already had text messages that seek to Brady. Kessler also said the league could be Brady suspended for four games if he could not deliver his phone never told.

Katzmann said the list of the league of penalties for different offenses may not be complete and the Brady case could have been an exception that would have required a penalty that has not been detailed above. "The commissioner may be confronted with new situations that are not per se identified in the list of fines," he said. "Is not that why the agreement gives the commissioner wide margin" to govern?


Some lawyers in court on Thursday said it was likely that the failure of high Berman overturned and Brady would face a four-game suspension.

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