There weren't many new revelations in the legal filings by attorneys for the NFL and Tom Brady on Friday to US District Court Judge Richard Berman.
Among the noteworthy contentions is the league's argument that whether Ted Wells was a truly independent investigator doesn't really matter:
“The debate about the independence of the investigation has no bearing on whether the NFLPA had an adequate opportunity to present evidence at the hearing, which is all that the CBA and fundamental fairness require...Article 46 does not require an 'independent' investigation prior to the imposition of discipline, and indeed it is commonplace for NFL personnel other than the Commissioner to investigate the problematic conduct. See Award at 19 n.20 (‘If the entire investigation had been conducted by in-house NFL employees instead of an outside law firm, I would still view it as a thorough and reliable basis for my findings and conclusions).'”
Among Team Brady's claims, a first-time equipment violating warrants only a fine and there's no mention in league policy of a possible suspension:
“The only disciplinary policies that the League distributes to players are contained in the aptly named Policies for Players (“Player Policies”) Ex. 114. The Player Policies are distributed to players before each season and include, for example, the NFL’s Personal Conduct Policy, the Substances of Abuse Policy, the Steroids Policy, the Gambling Policy, and the policy concerning equipment violations by players (which falls under the Game Related Player Conduct Rules). The undisputed purpose of distributing the Player Policies is to provide notice.
“Critically relevant here, those policies provide notice only for fines for first-time equipment offenses. The Game Related Player Conduct Rules provide that “[a] player may not use unauthorized foreign substances (e.g., stickum or slippery compounds) on his body or uniform” because “such a violation affects the integrity of the competition and can give a team an unfair advantage….” Id. 15. Although this provision does not specifically deal with ball tampering, the Player Policies also contain a catchall provision for “Other Uniform/Equipment Violations.” Id. The Policy expressly provides that: “First offenses will result in fines.” Id. (emphasis in original). Whatever the Commissioner’s desire to suspend Brady, as a CBA arbitrator, he lacked authority to disregard the undisputed fact that Brady only had notice of a potential fine for a first-time equipment violation.”
The two sides are expected back in court Wednesday, unless, GASP!, a settlement happens before then.