New England Patriots ballboy Jim McNally earned the nickname "The Deflator" not because he let air out of footballs, but because he was always trying to lose weight — so said the Patriots Thursday in a near-20,000-word, point-by-point rebuttal of the Wells Report. In it, the Patriots refute everything from the accuracy of the NFL's measurements of the pressure of the footballs to the league's interpretations of text messages between the two Pats employees at the center of the scandal.
"They've been pretty steadfast and defiant, some would say arrogant," said Paul Kelly, chair of the sports practice for the national law firm Jackson Lewis, and former head of the NHL Players Association. "They're continuing in that defiance. But, I think given the severity of the sentence and the harshness of the penalty and the harshness of the public's reaction against them, I can't say I'm terribly surprised."
The report could also help the one player implicated in the NFL's investigation, Quarterback Tom Brady, who, as expected, on Thursday officially appealed his four-game suspension. NFL Commissioner Roger Goodell has the right to oversee Brady's appeal, but is widely expected, as he does in most cases, to appoint an independent arbiter to do so — usually after consultation with the head of the NFL Players Association.
"So he’d pick up the phone, he’ll call Dee Smith and he’ll say, 'I’m thinking of appointing whomever,'" Kelly said. "And Dee would either object or agree and they’ll appoint that person."
Kelly says that the appeal will likely be heard in the next few weeks. In the room will be Brady and his counsel, representatives from the league, and representatives from the NFL Players association.
"It proceeds somewhat like a trial, but on a much less formal basis," he said. "There’s no hard rule of evidence. The appealing party goes first, makes it’s case. It can present witnesses if it wishes. The league has an opportunity to respond and justify what it’s done here, And then the Players Association has an opportunity to chime in and give it’s view."
Kelly says that the league moves fairly expeditiously on these appeals, and will want to have the whole affair put to rest by the start of training camp in July. In the end, he thinks Brady is in a good position to improve his position.
"It wouldn’t stun me or others that do this kind of work to see at least one, and possibly two, games get shaved off that and bring it down to two," he said.
Not only is there plenty of precedent for suspension reductions on appeal, but Kelly says it would also reduce the likelihood that Brady would take further action against the league in court of law — an avenue still available to him.
"Because the NFL has a presence all over the place, you can literally pick the court that you think is likely to be the most favorable," Kelly said.
While Brady’s appeal will command plenty of attention, Kelly also expects the team to quietly appeal to Goodell to reduce or vacate their punishment — the loss of two draft picks and a $1 million fine.
The reality is when it happens and how it happens and who’s involved and what exactly goes on we’ll really never know. It’ll all be done behind closed doors in a very confidential way.
One thing we do know: It is now far more probable than not that the deflate gate controversy is a long way from over.
