BRADY/PATS PUNISHMENT OVER TURNED BY JUDGE. (Updated 9/3/15)

[Sgt. Largent]

With McNally watching his employer basically make a public fat joke at his expense, I'd have to imagine he'd be quite talkative in ways that don't benefit the Patriots should this really go to court.

I can't even imagine the stack of non-disclosure agreements he's signed over the years.

I've never been a NFL equipment manager, but pretty sure they don't sign non disclosure agreements to inflate balls and make sure there's enough tape in the trainer's room.

These guys aren't GM's, seems excessive to have them sign non-disclosure agreements.

I think the point he was trying to make is that, since these chaps worked for the Patriots, they probably had to sign myriad NDAs because of all of the shady operations going on there.

Wouldn't that be an admittance of guilt right there? "Why Mr. Kraft are you the ONLY NFL team that has your ballboys sign NDA's?"

Just saying I don't think NDA's are something any pro sports team asks their lowly equipment people sign.

 

[gargantual]

I was thinking that having a clause forbidding the signors to disclose the existence of the NDA would be analogous to what happens when a corporation settles out of court. Part of such settlements is always the statement that no wrong doing is being admitted, and a gag order on the plaintiffs in perpetuity. If that IS the way it goes, it's really too bad. The juicy details of all the behind-the-scenes Patriot doings would be delicious to watch unfold!

 

[sutz]

Does an NDA override a court subpoena? I would think maybe not.

We're not talking national security issues here. Pretty sure a federal judge could break that one open.

 

[chris98251]

With McNally watching his employer basically make a public fat joke at his expense, I'd have to imagine he'd be quite talkative in ways that don't benefit the Patriots should this really go to court.

Well he was fired and where the Pats are or were his employer the NFL is the governing entity so that should take priority over anything Patriots.

Suspended, not fired.

Ok they can't report to work, they are not getting a paycheck, and the bus tire marks on them are another weight loss program to enhance deflation.

Suspended

To be fired as soon as the hearing or court case is done as they will be disposable and of no value to Kraft to manipulate them and not be exposed to media.

 

[chris98251]

Does an NDA override a court subpoena? I would think maybe not.

We're not talking national security issues here. Pretty sure a federal judge could break that one open.

A lot of NDA are illegal, sharing trade secrets to the competition is one thing, speaking the truth about how a employer treats people and whether you can find another job in same field or with a competitor etc that are often written in them is not. Depends on how it is worded, corperations use them a lot as fear factors. Right to work states versus others also have a twist on them.

 

[gargantual]

I'm sure what sutz said about a Fed Judge overriding it is accurate. Wouldn't the stuff you talking about chris98251 fall under the "whistleblower" concept? Isn't there a law or ruling protecting people in such instances? I seem to remember something like a Whistleblower clause that was passed.

 

[RolandDeschain]

That sounds right. the Patriots are about to hang themselves with their own rope. Now that I think about it, Goodell is playing this perfectly so far.

Goodell's only problem at the moment seems to be that he can't dole out rope to the Patriots fast enough. It's really rather incredible, this is likely going to be a train wreck for the Patriots as far as public perception is concerned.

 

[gargantual]

Very interesting article I just found: http://forums.colts.com/blog/142/en...other-teams-to-follow-patriot-way-to-winning/

One section I found particularly interesting:

"As one league source with no connection to the present controversy explained it to PFT in January, past Commissioners like Paul Tagliabue would have informed the Patriots of the situation," wrote Florio. "[Tagliabue would have] warned them that the NFL is paying attention, that the league reserves the right to check the air pressure in the footballs during the game, and that any funny business would be met with a decidedly unfunny reaction from the league office."

I hadn't thought of it before, but from a corporate (ie the League's) perspective, Goodell screwed up by not informing the Patriots, so they could keep their hands out of the cookie jar and therefore not tarnish "the shield". I've been seeing it from a pure legal perspective (not pre-warning them) and how ludicrous it is to say "Hey, you didn't warn me you'd be checking us for cheating!" The cats out of the bag though, and this isn't just going away. So we're fortunate that Rog messed up by not covering this all up beforehand, like they've done in the past.

 

[TheRealDTM]

^

I think the other owners would have been quite upset. Why wasn't blank warned about the stadium noise? Irsay would be pissed as well. Only Kraft is upset about this outcome.

 

[gargantual]

How about warning players there's a pee test coming?

(But we all know Billionaires operate on a completely different plane.)

 

[Sgt. Largent]

Very interesting article I just found: http://forums.colts.com/blog/142/en...other-teams-to-follow-patriot-way-to-winning/

One section I found particularly interesting:

"As one league source with no connection to the present controversy explained it to PFT in January, past Commissioners like Paul Tagliabue would have informed the Patriots of the situation," wrote Florio. "[Tagliabue would have] warned them that the NFL is paying attention, that the league reserves the right to check the air pressure in the footballs during the game, and that any funny business would be met with a decidedly unfunny reaction from the league office."

I hadn't thought of it before, but from a corporate (ie the League's) perspective, Goodell screwed up by not informing the Patriots, so they could keep their hands out of the cookie jar and therefore not tarnish "the shield". I've been seeing it from a pure legal perspective (not pre-warning them) and how ludicrous it is to say "Hey, you didn't warn me you'd be checking us for cheating!" The cats out of the bag though, and this isn't just going away. So we're fortunate that Rog messed up by not covering this all up beforehand, like they've done in the past.

Quite a few people have talked about the old guard commissioners always giving the owners and teams a heads up to knock it off before coming down on them.

But remember, this is before the 24/7 news cycle and cyber age where NOTHING is a secret anymore. I'm sure Goodell would love to take care of all the NFL's embarrassing issues cloak and dagger style behind closed doors like the old days. But he can't risk doing that, and then being discovered.

 

[gargantual]

But he can't risk doing that, and then being discovered.

Good point.

I bet their whole organization is sweating bullets about those two guys spilling all the beans. They're in a catch 22, having started such a major shooting war. The more attention this gets, and the more details that come out the more screwed they're going to be. The should've just lowered their heads and ate it at the start, before it started mushrooming out of control. I don't see a way to get all the worms back in the can now.

 

[chris98251]

Also since this has to be handled quickly the Patriots pending decision to appeal could be greatly influenced by how this comes about.

 

[athanas]

But he can't risk doing that, and then being discovered.

Good point.

I bet their whole organization is sweating bullets about those two guys spilling all the beans. They're in a catch 22, having started such a major shooting war. The more attention this gets, and the more details that come out the more screwed they're going to be. The should've just lowered their heads and ate it at the start, before it started mushrooming out of control. I don't see a way to get all the worms back in the can now.

I honestly think they are going into this with the gameplan that since there is no smoking gun, there's no proof of the crime being commited. They can make up whatever excuse they want, ("no, I said....rice butter, yeah, cause I'm allergic to peanuts",) to try to knock the circumstantial evidence down enough to get someone with authority to say "well, MAYBE that's what they meant" and start the halving of fines and punishments.

But that just doesn't work, especially with how they've handled themselves during this.
Yes, Shlubb and Klump were just too damn stupid by leaving a digital trail. But if the organization is so sure that nothing happened in regards to tampering, then they should have brought those two back as a showing of unbreakable support for all parties involved in the witch hunt after Mac 'n Cheese went fire and brimstone after the report dropped instead of just basically saying, "well, this guy's a big, fat arse, so...", (even the ghost of Johnny Cochran is shaking his head over that one,).

 

[gargantual]

It's also horribly obvious they're just reacting, running around trying to stamp out brush fires as they spring up.

I haven't heard a single detail come out of their camp that is new information, but rather a string of excuses trying to rationalize away the information that has already leaked out. Their credibility is just shot all to hell.

If nothing else, I feel like justice is being served seeing them have to squirm and stress through all this debacle. Even if they find a way to cloud up the details so they can get this verdict overturned, karma is served by all the anguish they're having to live through.

A hell literally of their own making.

 

[kearly]

Wasn't this brought to the officials attention after a Colts interception? Seems kind of silly to expect a pre-game warning for something that was brought up mid-game.

I love watching these Pats fans torture themselves as they bounce around the five stages of grief rather than progressing. It's like an entire fanbase of Anthony!s. Actually, these fools make Anthony! look critical by comparison.

 

[kearly]

If nothing else, I feel like justice is being served seeing them have to squirm and stress through all this debacle. Even if they find a way to cloud up the details so they can get this verdict overturned, karma is served by all the anguish they're having to live through.

They've made their fanbase and owner a laughingstock, that's part of the price as well.

It will all be for nothing. The NFL has pricey lawyers too.

 

[253hawk]

With McNally watching his employer basically make a public fat joke at his expense, I'd have to imagine he'd be quite talkative in ways that don't benefit the Patriots should this really go to court.

I can't even imagine the stack of non-disclosure agreements he's signed over the years.

That's probably the first thing they have to you when applying for a staff job with the Cheatriots.

NDA's can cover anything though, like overhearing injury or trade talk.

 

[gargantual]

The NFL has pricey lawyers too.

Hmm. I've been thinking that they'd still be able to wriggle their way out, kind of like the LAPD did in the Rodney King trial......keep rewinding the tape over and over in slo-mo until everything is distorted to the point of being unrecognizable.

Maybe it's just gone too far now. They sure backed Goodell so far into a corner that he's forced to bring the hammer down.

I wonder if they've going to be penalized for publicly criticizing the NFL next. It feels like the Pats need to find a way to back down, but can't find a way to do so without losing face. I can't imagine they want to play the crazy Al iconoclast role, but are commited now.

 

[RolandDeschain]

I'd love to know what the other 31 owners all privately think about Kraft right now.