Tom Brady—-More thoughts

Tom Brady needs to appeal the denial of rehearing by the Court of Appeals to the United States Supreme Court.

I do not know when I have been so angry about a decision made by a court other than my own. I am angry about the recent denial for rehearing in the Brady case. This decision gets my anger up. I want Tom Brady to make an appeal to the United States Supreme Court even though his best chance was with the Court of Appeal. In our current climate, they may hear him. There are a lot of constitutional questions of notice, equal protection, due process and the issues impact a sport with lots of money.

Tom Brady must fight for all football players now. His issue impacts them all. I have always been fascinated by the way the union contract was negotiated and so much power was put in the commissioner’s hand. Goodell seemed to make up rules as he went along. He did not appear to have written rules that the players could refer. He often caved in to please social media when he set guidelines. The guidelines are often unreasonable without any guiding principles. I have always felt the players did not know what his rule was until the player breached it. This meant the rule was vague, overbroad and lacked notice. Goodell would then make up a rule and apply retroactive punishment. I agreed with the District Judge that Brady did not have adequate notice of the punishment. His constitutional rights were violated. Additionally, if both teams had some balls that were deflated, why was Brady the only quarterback punished? Why was his punishment so excessive and severe for a first time violator? I think the entire structure of the way some of the sports teams have set up discipline is a due process issue. I think the discipline set up may be unconstitutional. It has some due process issues. I have felt this way about basketball. I would love to study those contracts. More needs to be explored in this area. Brady can afford to fight for his reputation. He has the money. Where twenty five thousand dollars would save my life and allow me to continue to fight the judicial system, Brady can hire an appeals lawyer and fight. There are a lot of constitutional issues that go beyond Brady which the court might consider. Brady should take up the challenge and protect his good name even if he fails.

I did not like Brady personally and ignored the media during the “deflate gate ” swirl. I went back and looked at some interviews of Tom Brady. I got him. I felt a kinship with him. I looked at his record. Tom Brady is so good he does not need to waste time trying to figure out how much air to add or subtract to beat another team. He has a fast release. Less air would have a negative effect on the speed and flight of the ball. I do not think anyone operationalized  a test and conducted it that could conclusively prove any facts against him. One thing I know for sure is that if the commissioner or NFL paid five million dollars for an investigation, the investigation was going to say what they wanted it to say. We know this about having experts to testify at trials. I put my personal views of Tom Brady aside and looked at his case. He got a raw deal anyway you look at it. I say this without reviewing the file. Just common sense and what I know about Tom Brady is enough. Tom Brady does not need to cheat to win a football game. He has worked too hard to be a good quarterback. Tom Brady needs to fight for his reputation and good name even if he loses. His constitutional rights and those of all players may be at risk with the current structure. God loves Tom Brady. He time is too precious to lose and so is he in the twilight of  his career. His good name and reputation are a precious commodity. He needs to put up a good fight to win them even if he loses. This case should never have gotten this far. He needs a good appeals lawyer who knows criminal and labor law. He should have started with Gerry Spence.