# Return of "Deflategate"

**URL:** <https://boards.straightdope.com/t/return-of-deflategate/719401>\
**Category:** The Game Room\
**Created:** [May 6, 2015, 5:33pm UTC](https://boards.straightdope.com/t/return-of-deflategate/719401 "2015-05-06T17:33:47Z")\
**Posts on this page:** 20\
**Page:** 23

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**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\
**Post date:** [August 13, 2015, 1:54pm UTC](https://boards.straightdope.com/t/return-of-deflategate/719401/441 "2015-08-13T13:54:05Z")

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Hey! Where are you guys? There’s a judge looking at this now, and he thinks it’s a silly issue. I don’t have the transcript but I’ll paraphrase the judge talking to Goodell: “You guys just hate the Patriots because they win!”.

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**Author:** ![ElvisL1ves](https://avatars.discourse-cdn.com/v4/letter/e/5daacb/32.png) [@ElvisL1ves](https://boards.straightdope.com/u/ElvisL1ves)\
**Post date:** [August 13, 2015, 2:04pm UTC](https://boards.straightdope.com/t/return-of-deflategate/719401/442 "2015-08-13T14:04:53Z")

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[Questions from Judge Berman to the NFL attorneys:](http://ftw.usatoday.com/2015/08/tom-brady-deflategate-hearing-roger-goodell-judge-richard-m-berman-lol-this-is-all-dumb)

> [@](#):
>
> “What is the direct evidence that implicates Mr. Brady?” Berman asked NFL lawyer Daniel L. Nash repeatedly.

> [@](#):
>
> "This Deflategate. I’m not sure where the ‘gate’ comes from.”

> [@](#):
>
> He also pointed out that Brady actually played better with properly inflated balls in the second half.
> 
> “You might say (Brady) got no better advantage from the under-inflation,” Berman said.

[And this:](http://nesn.com/2015/08/lawyer-judge-berman-will-absolutely-vacate-tom-bradys-suspension/)

> [@](#):
>
> Alan Milstein, an attorney who previously has tried cases against the NFL before Judge Richard Berman, told Sports Illustrated legal analyst and fellow attorney Michael McCann … “Berman will absolutely vacate Brady’s suspension.”

Lots of crickets here, yeah.

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**Author:** ![Hentor\_the\_Barbarian](https://avatars.discourse-cdn.com/v4/letter/h/8edcca/32.png) [@Hentor\_the\_Barbarian](https://boards.straightdope.com/u/Hentor_the_Barbarian)\
**Post date:** [August 13, 2015, 3:59pm UTC](https://boards.straightdope.com/t/return-of-deflategate/719401/443 "2015-08-13T15:59:15Z")

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Another awesome prediction from [del]adaher[/del] Elv1sLives. Keep hope alive! Maybe they had ball saunas too!

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**Author:** ![Barkis\_is\_Willin](https://avatars.discourse-cdn.com/v4/letter/b/a183cd/32.png) [@Barkis\_is\_Willin](https://boards.straightdope.com/u/Barkis_is_Willin)\
**Post date:** [August 13, 2015, 4:48pm UTC](https://boards.straightdope.com/t/return-of-deflategate/719401/444 "2015-08-13T16:48:44Z")

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"This Deflategate. I’m not sure where the ‘gate’ comes from.”

I love this quote because I don’t know if he genuinely is unaware of the phenomenon of using the “-gate” suffix for every single miniscule controversy or if he’s trying to make a point. I suspect the latter, in which case I agree, but I also know it’s a lost cause at this point.

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**Author:** ![ElvisL1ves](https://avatars.discourse-cdn.com/v4/letter/e/5daacb/32.png) [@ElvisL1ves](https://boards.straightdope.com/u/ElvisL1ves)\
**Post date:** [August 13, 2015, 6:10pm UTC](https://boards.straightdope.com/t/return-of-deflategate/719401/445 "2015-08-13T18:10:25Z")

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[More quotes here](http://www.sportsgrid.com/nfl/the-best-quotes-in-the-deflategate-court-case-so-far/), including a fuller version of that one:

> [@](#):
>
> Berman: “I’m not sure where the ‘gate’ (in #DeflateGate) comes from. The Wells Report and the award relates only to one game.”

Also,

> [@](#):
>
> Berman: “What is the evidence of a scheme or conspiracy that covers the Jan. 15 game? I’m having trouble finding it.”

and

> [@](#):
>
> Berman: From legal perspective: “You have to show that conspirators intended to be in the conspiracy…Is there a meeting?”

> [@Hentor\_the\_Barbarian](#):
>
> Another awesome prediction from [del]adaher[/del] Elv1sLives. Keep hope alive! Maybe they had ball saunas too!

I love the sound of whistling past the graveyard. 😉

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**Author:** ![kidchameleon](https://avatars.discourse-cdn.com/v4/letter/k/898d66/32.png) [@kidchameleon](https://boards.straightdope.com/u/kidchameleon)\
**Post date:** [August 13, 2015, 6:13pm UTC](https://boards.straightdope.com/t/return-of-deflategate/719401/446 "2015-08-13T18:13:33Z")

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I wonder if he knows how many burglaries were part of Watergate…

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**Author:** ![crypto](https://avatars.discourse-cdn.com/v4/letter/c/b3f665/32.png) [@crypto](https://boards.straightdope.com/u/crypto)\
**Post date:** [August 14, 2015, 2:36pm UTC](https://boards.straightdope.com/t/return-of-deflategate/719401/447 "2015-08-14T14:36:34Z")

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Here is a couple of real questions.

Does the judge have the ability to come down with a decision that pisses both sides off? What if he says “Brady gets 2 games.” Is thst onenof his options here, or is it going to be an all or nothing decision?

I heard the legal analyst on ESPN (I think it was Roger Cossack) say that even after this judge rules, it can be appealed AGAIN. If true, how long does this go on? Until a court somewhere says “we won’t hear this.”? This could be in the courts for years!

I have believed that the NFL has the right to, based on the CBA, do what they did in this case. If the Judge rules in favor of Brady, doesn’t that void the CBA?

If that happens, what happens? The NFL (and players, to be honest) shouldn’t want to move forward without a valid CBA in place, would they? I know they CAN play without a CBA, but I would think the NFL would want to put the brakes on everything until they get this figured out. To be facing a lawsuit every time they hand down a suspension is going to get out of hand, but that is what they are facing if they lose.

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**Author:** ![Hamlet](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hamlet/32/2818_2.png) [@Hamlet](https://boards.straightdope.com/u/Hamlet)\
**Post date:** [August 14, 2015, 2:51pm UTC](https://boards.straightdope.com/t/return-of-deflategate/719401/448 "2015-08-14T14:51:41Z")

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> [@Stink Fish Pot](#):
>
> Here is a couple of real questions.
> 
> Does the judge have the ability to come down with a decision that pisses both sides off? What if he says “Brady gets 2 games.” Is thst onenof his options here, or is it going to be an all or nothing decision?

I do not believe a specific ruling on an amount of suspension is an option, which is why the judge is pushing the parties to reach a settlement.

> [@Stink Fish Pot](#):
>
> I heard the legal analyst on ESPN (I think it was Roger Cossack) say that even after this judge rules, it can be appealed AGAIN. If true, how long does this go on? Until a court somewhere says “we won’t hear this.”? This could be in the courts for years!

Yep. For example, Pat and Kevin Williams of the Vikings were suspended for using a masking agent in December of 2008, and they sued. It sat in court for 2 full seasons of football and only ended when the new CBA was signed with a decreased penalty. So, yeah, this could go on awhile. Which makes it even more of a joke.

> [@STink Fish Pot](#):
>
> I have believed that the NFL has the right to, based on the CBA, do what they did in this case. If the Judge rules in favor of Brady, doesn’t that void the CBA?

Not at all. I would be shocked if the judge voided the entire CBA based on this. What he could do is say that the investigation/suspension itself violated the CBA, and thus is unenforceable. But he won’t void the entire CBA.

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**Author:** ![Hentor\_the\_Barbarian](https://avatars.discourse-cdn.com/v4/letter/h/8edcca/32.png) [@Hentor\_the\_Barbarian](https://boards.straightdope.com/u/Hentor_the_Barbarian)\
**Post date:** [August 14, 2015, 3:27pm UTC](https://boards.straightdope.com/t/return-of-deflategate/719401/449 "2015-08-14T15:27:44Z")

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[Tom Brady Goes Just 1-of-4 With Properly Inflated Balls](http://nypost.com/2015/08/14/tom-brady-wont-let-deflategate-insanity-stop-him-from-starting/).

Tom “GirlHands” Brady better hope for an awesome running game this year. Of course, the running backs will have to adjust to holding on to a harder football. I think I’m going to enjoy this season!

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**Author:** ![fachverwirrt](https://avatars.discourse-cdn.com/v4/letter/f/94ad74/32.png) [@fachverwirrt](https://boards.straightdope.com/u/fachverwirrt)\
**Post date:** [August 14, 2015, 4:42pm UTC](https://boards.straightdope.com/t/return-of-deflategate/719401/450 "2015-08-14T16:42:52Z")

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Going 1-4 in two series in the first game of the preseason is about the least metricy metric that ever metriced.

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**Author:** ![ElvisL1ves](https://avatars.discourse-cdn.com/v4/letter/e/5daacb/32.png) [@ElvisL1ves](https://boards.straightdope.com/u/ElvisL1ves)\
**Post date:** [August 14, 2015, 5:37pm UTC](https://boards.straightdope.com/t/return-of-deflategate/719401/451 "2015-08-14T17:37:01Z")

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It does foreshadow Josh Boyce not making the roster, though - not a surprise, since he’s been on the bubble for the last couple of years. Two of those incompletions were balls he should have caught.

**Hentor** , do tell us more about this “ball sauna” thing you keep insisting the Patriots must have, though. It sounds fascinating. 😉

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**Author:** ![ElvisL1ves](https://avatars.discourse-cdn.com/v4/letter/e/5daacb/32.png) [@ElvisL1ves](https://boards.straightdope.com/u/ElvisL1ves)\
**Post date:** [August 14, 2015, 5:52pm UTC](https://boards.straightdope.com/t/return-of-deflategate/719401/452 "2015-08-14T17:52:01Z")

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> [@Stink Fish Pot](#):
>
> Does the judge have the ability to come down with a decision that pisses both sides off?

Of course. But it isn’t his charter or intent to appear to “split the difference”.

> [@](#):
>
> If the Judge rules in favor of Brady, doesn’t that void the CBA?

Why would you think so? Does a ruling that a contract has been breached void the contract entirely, in your mind?

> [@](#):
>
> If that happens, what happens?

The judge makes whatever ruling he believes is required to make the breaching party or parties comply with the contract. If Berman finds that the NFL failed to follow its contractually-required disciplinary process in good faith, then he can void the rulings that came out of it, and require it to either start over from the point of breach or give it up entirely.

> [@](#):
>
> To be facing a lawsuit every time they hand down a suspension is going to get out of hand, but that is what they are facing if they lose.

Newsflash! That’s what _has been happening already_ every time Goodell has bungled yet another one (ref. Rice, Ray; Peterson, Adrian, _et al._). The fact that he’s now had to resort to falsification of evidence to try to prevent yet another embarrassment to the organization that employs him is a new twist, though.

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<div class="post-metadata">

**Author:** ![Hentor\_the\_Barbarian](https://avatars.discourse-cdn.com/v4/letter/h/8edcca/32.png) [@Hentor\_the\_Barbarian](https://boards.straightdope.com/u/Hentor_the_Barbarian)\
**Post date:** [August 14, 2015, 6:21pm UTC](https://boards.straightdope.com/t/return-of-deflategate/719401/453 "2015-08-14T18:21:51Z")

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> [@ElvisL1ves](#):
>
> **Hentor** , do tell us more about this “ball sauna” thing you keep insisting the Patriots must have, though. It sounds fascinating. 😉

That was me mocking the desperate straw grasping speculation that you and the other deflation deniers were engaging in.

“Maybe the Patriots inflate their balls in a really warm room before the game?”

The best part was that then someone else would start asserting that speculation as fact.

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<div class="post-metadata">

**Author:** ![ElvisL1ves](https://avatars.discourse-cdn.com/v4/letter/e/5daacb/32.png) [@ElvisL1ves](https://boards.straightdope.com/u/ElvisL1ves)\
**Post date:** [August 14, 2015, 6:34pm UTC](https://boards.straightdope.com/t/return-of-deflategate/719401/454 "2015-08-14T18:34:38Z")

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> [@Hentor\_the\_Barbarian](#):
>
> That was me mocking the desperate straw grasping speculation that you and the other deflation deniers were engaging in.

Which has now been shown to be factual, even if that hasn’t fully settled in for you yet.

> [@](#):
>
> The best part was that then someone else would start asserting that speculation as fact.

Yes, you’ve done quite a lot of that here yourself, haven’t you? Perhaps it’s time to let go now, whaddaya say?

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**Author:** ![Hentor\_the\_Barbarian](https://avatars.discourse-cdn.com/v4/letter/h/8edcca/32.png) [@Hentor\_the\_Barbarian](https://boards.straightdope.com/u/Hentor_the_Barbarian)\
**Post date:** [August 14, 2015, 7:28pm UTC](https://boards.straightdope.com/t/return-of-deflategate/719401/455 "2015-08-14T19:28:55Z")

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> [@ElvisL1ves](#):
>
> Which has now been shown to be factual, even if that hasn’t fully settled in for you yet.

This is literally delusional.

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<div class="post-metadata">

**Author:** ![ElvisL1ves](https://avatars.discourse-cdn.com/v4/letter/e/5daacb/32.png) [@ElvisL1ves](https://boards.straightdope.com/u/ElvisL1ves)\
**Post date:** [August 14, 2015, 7:31pm UTC](https://boards.straightdope.com/t/return-of-deflategate/719401/456 "2015-08-14T19:31:50Z")

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And it may _never_ settle in for you.

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**Author:** ![Hentor\_the\_Barbarian](https://avatars.discourse-cdn.com/v4/letter/h/8edcca/32.png) [@Hentor\_the\_Barbarian](https://boards.straightdope.com/u/Hentor_the_Barbarian)\
**Post date:** [August 14, 2015, 10:57pm UTC](https://boards.straightdope.com/t/return-of-deflategate/719401/457 "2015-08-14T22:57:16Z")

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> [@ElvisL1ves](#):
>
> And it may _never_ settle in for you.

Fortunately, for me delusions never do.

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<div class="post-metadata">

**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\
**Post date:** [August 20, 2015, 10:51pm UTC](https://boards.straightdope.com/t/return-of-deflategate/719401/458 "2015-08-20T22:51:04Z")

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[ESPN apologizes to the Patriots](http://www.msn.com/en-us/sports/nfl/espn-apologizes-to-the-patriots-but-not-for-deflategate/ar-BBlVM18)

I wonder who will be apologizing next?

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<div class="post-metadata">

**Author:** ![gnoitall](https://avatars.discourse-cdn.com/v4/letter/g/bb73d2/32.png) [@gnoitall](https://boards.straightdope.com/u/gnoitall)\
**Post date:** [August 20, 2015, 11:18pm UTC](https://boards.straightdope.com/t/return-of-deflategate/719401/459 "2015-08-20T23:18:05Z")

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> [@TriPolar](#):
>
> [ESPN apologizes to the Patriots](http://www.msn.com/en-us/sports/nfl/espn-apologizes-to-the-patriots-but-not-for-deflategate/ar-BBlVM18)
> 
> I wonder who will be apologizing next?

Did you actually read that ESPN’s not apologizing for Deflategate? Apparently they stand by that.

They apologize for one specific unsubstantiated reports regarding Spygate: that the Pats were taping the Rams’ signals before Super Bowl XXXVI. Which, apparently, the Pats didn’t. _shrug_.

I suspect almost everyone here would concede that the Pats can play the Super Bowl clean.

But class act on the part of the Pat’s PR machinery to tweet a shitfaced gloat about ESPN apologizing… carefully avoiding mentioning the totally irrelevant thing ESPN’s apologizing for. Because you know, the first casualty of a 140-character limit is relevance.

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<div class="post-metadata">

**Author:** ![ElvisL1ves](https://avatars.discourse-cdn.com/v4/letter/e/5daacb/32.png) [@ElvisL1ves](https://boards.straightdope.com/u/ElvisL1ves)\
**Post date:** [August 21, 2015, 1:22pm UTC](https://boards.straightdope.com/t/return-of-deflategate/719401/460 "2015-08-21T13:22:38Z")

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Doubling down on the Colts campaign to be the whiniest bitches in the league, [here’s Tony Dungy:](http://www.cbssports.com/nfl/eye-on-football/25275700/tony-dungy-colts-peyton-manning-feared-pats-locker-rooms-bugged)

> [@](#):
>
> It had been rumored for years that Peyton Manning and the Colts feared the Patriots spying on them in the locker room  
> …  
> “I know that that is very true, and, you know, as Peyton talked to guys who played for the Patriots, some of the guys who came over – whether it’s true or not he treated it as true," Dungy said.

Who wants to treat us to another round? :rolleyes:

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