Let’s not get into the debate of if he is guilty, or isn’t guilty, or any commentary on the fairness of the punishment, etc. There are a couple of threads about that already.
I want to focus on the potential court case, and what direction it could go. Based on what I’ve read, I think I can sum up the two sides quickly.
Brady supporters want this to go to court, because they think the NFL will lose, and Brady will not serve any suspension at all.
NFL supporters say this isn’t a matter for the courts, and the case would get thrown out. The dealing with a player’s punishment (and the process) is something that was collectively bargained, and the NFL has done nothing wrong procedurally.
Assuming no deal is made, and Brady’s legal team sues the NFL, what exactly can happen here? Let’s also assume it doesn’t get thrown out, and will be heard by a judge.
IANAL, obviously, so when I read something on-line, I have no idea if it has any basis in fact. Some of the questions I have:
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if Brady goes to court, will the NFL have subpoena power and be able to get access to Brady’s phone?
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if the answer to phone access is no, can they subpoena the wireless carrier and get access to any text messages they may have recorded?
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can someone explain the text message issue a bit more clearly to me? I don’t understand why they could not see Brady’s replies to the two employees. On my phone (an iPhone), you can see both sides of any conversation I have not completely deleted. There isn’t just a “sent messages” folder (at least, not that I am aware of, but maybe there is). On my phone, if there is a conversation between me and whoever, the entire thing is there… I don’t know how far it goes back, I’ve never looked.
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if the NFL is found “guilty” of not giving Brady proper “due process”, so what? That may remove the monetary fine, but can’t the NFL keep any player out of any game if it deems that player has violated league rules?
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I’ve read that the courts can place an injunction on the suspension, forcing the league to let him play until a ruling is reached. Assuming that is true, let’s say Brady starts the season under center. 2 scenarios then (again, assuming no deal and it plays out)
a) The court rules against Brady. Can the league then re-visit Brady’s punishment and give him more games if it wants? If the league can reduce the penalty, can it increase it? Also, if this lasts most of the season, can the NFL make him sit immediately, regardless of where the season happens to be (end of season, playoffs)?
b) the league rules for Brady. Does the league have the ability to say "ok, we will re-visit this and give him “due process”, whatever that means, or does the whole thing get flushed away forever?
The Patriot organization, it seems, has accepted their part of the punishment. They pay the fine, and they lose two draft picks. If that could also change, I’d like to hear how and why.
I really don’t want to rehash the debate here. I want to focus on what both sides could be risking if this goes to court. (And please, let’s not focus on the NFL’s credibility or Brady’s legacy, or anything like that. Everyone has made up their mind about Brady at this point, and it doesn’t matter IMO what the court ultimately decides.)