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Deflategate: Roger Goodell will hear Tom Brady appeal instead of independent arbitrator

By Kyle Franzoni

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NFL Commissioner Roger Goodell will not allow a neutral arbitrator to hear Tom Brady’s suspension appeal, and will instead hear the case himself.

I’ll give Roger Goodell his due. When the NFL Commissioner takes a stance on something, he sticks to his guns. In the case of ‘Deflategate’, the sheriff is not backing down, despite the NFL Players Association’s request to recuse himself from Tom Brady’s appeal hearing.

According to multiple reports, Goodell has notified the NFLPA that he intends to preside over Brady’s appeal personally and is doing so in accordance with his rights as granted by the collective bargaining agreement between the league and the players.

"“Commissioner Goodell will hear the appeal of Tom Brady’s suspension in accordance with the process agreed upon with the NFL Players Association in the 2011 collective bargaining agreement,” said a statement released by the NFL. (h/t CBS Sports)"

At the heart of the matter is whether Roger Goodell is impartial in the proceedings or whether his choice to preside over the hearing is an attempt by the NFL to not have its evidence heard by an independent arbitrator that would be much more critical of the Well Report and its findings. The NFL announced Brady’s suspension on Monday, a four-game ban that would start at the beginning of the 2015 season. In addition to his suspension, the NFL also fined the New England Patriots $1 million and took the team’s first round pick in the 2016 NFL Draft, and their 4th round pick in the 2017 draft.

When filing their appeal, the NFLPA took exception to a number of items in the Well Report, the investigation on which the NFL is basing not only their punishment of Brady, but also of the New England Patriots. In particular, the NFLPA was critical of the NFL basing their suspension on circumstantial evidence that the report fails to fully prove Brady’s involvement in the scandal.

"“Your decision to suspend Mr. Brady for four games—i.e., one-quarter of the NFL season—for his alleged ‘general aware[ness] of the actions of the Patriots’ employees involved in the deflation of the footballs’ and ‘failure to cooperate fully and candidly with the [Wells] investigation’ is grossly inconsistent with the League’s prior disciplinary treatment of similar alleged conduct, including lack of cooperation and not complying with League rules regarding game balls or other equipment.” (h/t Yahoo Sports)"

The appeal also goes on to indicate that if Goodell will not recuse himself, the NFLPA will force his hand by calling both Goodell and Troy Vincent as witnesses in their appeal. Specifically, they will ask the pair to testify as to when they were aware of the Colts’ complaint about under-inflated footballs, and whether or not their efforts upon hearing the complaint constituted a “sting operation” in order against Brady and the Patriots.

While this posturing will likely continue until such time the appeal is heard, it isn’t likely result in Goodell stepping aside in the matter without outside forces prompting such a decision. Ed Werder of ESPN indicated via Twitter that Goodell is “very unlikely” to allow the case to be heard by another party at this point in time.

All of this of course raises the question as to what the NFL has to lose if they appoint an independent party to hear the case. If the evidence in the case is as open and shut as to constitute a $1 million fine, loss of a 1st round pick, and the four-game suspension of the Patriots’ franchise quarterback, then the evidence should stand without issue regardless of the party hearing the case. However, Goodell has painted himself into a corner in terms of needing to rely on the Wells Report and stand by it as well.

Regardless, the Patriots and Brady face an uphill battle in their efforts to overturn the punishment. With part of Brady’s punishment being based on his level of cooperation, the burden of proof will be placed on him to supply, meaning that he will have to be more forthcoming or supply irrefutable evidence that contradicts the Wells investigation’s findings.

One thing is for sure though; this is going to get a lot uglier before a settlement is reached, and the NFL, New England Patriots, and Tom Brady are not going to come out of it unscathed no matter the final results.

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