I am not a fan of the way that Rodger Goodell and the NFL has handled Deflate Gate. To me it shows the ineptitude that happens at the NFL offices with almost anything that Goodell touches.
Let’s be clear. Rodger Goodell is not fighting this into the 2016 season to smear Brady and the Patriots at this point. At this point it is 100% for power. The power to be judge, jury and executioner to the league and it’s unionized players. He is using the collective bargaining agreement against the NFLPA in spite of Collective bargaining being the single most powerful tool the union has to make sure there is a balance of power.
Goodell asked the appeals court to overturn the ruling of Richard Burman due to the fact that the bargaining agreement allows him to set punishment, investigate incidents and rule on appeals of his own judgments.
Goodell is trying to use the broadest term of “conduct detrimental” policy to apply his ruling to Brady. To make the case that he can create a rule out of thin air if the player violated the conduct policy.
The appeals court agreed with Goodell that under the collective bargaining agreement he was within his right to impose such a penalty. Here is what they said:
The Commissioner was authorized to impose discipline for, among other things, “conduct detrimental to the integrity of, or public confidence, in the game of professional football.” In their collective bargaining agreement, the players and the League mutually decided many years ago that the Commissioner should investigate possible rule violations, should impose appropriate sanctions, and may preside at arbitration’s challenging his discipline. Although this tripartite regime may appear somewhat unorthodox, it is the regime bargained for and agreed upon by the parties, which we can only presume they determined was mutually satisfactory.
So, they admit the amount of power that Goodell has is “unorthodox,” but agreed upon.
To be fair, I think that the ruling on its own is the correct ruling, but they are leaving out a very critical piece of the puzzle. The conduct which was most detrimental to the league was the leaking of the information about the investigation on the night of the game.
The decline in “the integrity of, or public confidence, in the game of professional football” was due to the media and public being lead to believe that 11 of the 12 footballs from one team were deflated and that none of the the other teams were deflated at all.
As soon as I hear that, I think, what is the advantage of throwing a deflated football? (I still don’t know if that is an advantage). But, he must have really deflated those footballs if 11 out of 12 footballs were below the limit allowed.
We were lead to think that for weeks. It was not until the Wells report was released, media circus commenced and the public opinion of the situation was made, that we find out what we originally heard was garbage.
The Colts balls all started at 13 psi and the Patriots started at 12.5 psi. Every single one of the balls measured lost air pressure during the first half for both teams. The Patriots started the game at the minimum psi allowed and after being used in cold weather lost air. Of course they are going to be below the allowed amount if they started at the absolute bottom of the range. The Colts started with all of their balls at 13 psi and all of them came back in at 12.15 to 12.95 depending on what gauge you look at from the report. Again with consideration for which gauge you look at, three of the four balls tested were below the 12.5 psi allowed for the Colts. This would have been good info to give to the public as roughly 44 states, not in the far northeastern tip of our country, flipped the heck out.
The fact that this was a scandal at all is 100% on the league. The investigation should have never been leaked. It should have not been reported the way that it was, but when the information is coming directly from the league sources, you can’t blame guys like Bob Kravitz and Peter King. These are trusted sources with info from the horse’s mouth.
Now we sit and wait to see if the supreme court of the United States is going to hear this case before we know the final fate of this case. I don’t care about Tom Brady and deflated footballs, but I think that this is a case of commissioner blowing it and needing to save power for the league office to keep the control they so desperately think they need.
If you think I am biased, I would love to see Jimmy instead of Tommy week one.