Legal Questions Aside, Much Remains Unanswered in the Tom Brady Case

Sep 04, 2015 · 552 comments
Tony Glover (New York)
Any sports journalist who does not hammer the issue of Tom Brady's knowledge about the intentional deflation of football's by the Patriots is not doing his or her job.

How can one doubt the Patriots systemically deflated footballs with the knowledge of Brady when this text exchange exists between Jim McNally, the Patriots' Officials Locker Room attendant, and John Jastremski, its game ball marker:

McNally: Tom sucks...im going make that next ball a [expletive] balloon

Jastremski: Talked to him last night. He actually brought you up and said you must have a lot of stress trying to get them done...

Jastremski: I told him it was. He was right though...

Jastremski: I checked some of the balls this morn... The refs [expletive verb] us...a few of then were at almost 16.

"Denial," they say, "is a river in Egypt," but the muck being dredged up in is mired in a refusal by Brady fans to see what is obvious.

Brady knew what was going on; it benefited both him and the team. Look at his own fumbling statistics since 2007, when the league started to allow teams to bring and inflate/deflate their own footballs on game day.

From 2001 to 2006, Brady averaged 9.8 fumbles per season. From 2007 to 2014, his fumbles per season decreased to 5.3.

It's not that he handled the ball less.

Weather did not suddenly improve.

What improved was the team's efficiency at sticking a needle into the ball to deflate them on game day.

It's much easier to see when you open your eyes.
HagbardCeline (Riding the Hubbel Space Telescope)
Our culture has become delusional. Clearly Brady is guilty of everything leveled against him regarding the deflation of footballs. You'd have to be a out of touch with reality to think otherwise.

The judge ruled in his favor. Who cares?

People get away with it all the time in the "Justice" system, especially rich white men. After all, this is a country run by rich white men, and it has a long history of genocide, enslavement, and misogyny perpetrated by white men.
mrzardoz2u (San Francisco)
Brady has no questions to answer, not to you Mr.Nobody not to anybody else.
Mark (New England)
Somehow I suspect Mr.Rhoden's take on this case would be different if the quaterback under scrutiny were african american.
martin (Queens, NY)
When asked by a reporter if he was a cheater, Brady responded he didn't believe so. Too bad the reporter didn't follow up and ask if he was a serial killer. Presumably Tom would have also said he didn't believe so.
MrT (USA)
Has anyone heard anything from the guy who actually deflated the balls?
Posa (Boston, MA)
In all honesty, the whole process of handling footballs in the NFL was so shoddy it's hard to know if there was even a violation of the rules at all. Or to what extent.

To date the NFL has turned a blind eye to football pressures. To his credit Aaron Rodgers admits he prefers overinflated balls... and the Patriots were stuck with overinflated balls in a Jets game. So please, stop with the moral posturing. The NFL never took this area very seriously.

Sure,it seems that Tom Brady was the opposite of Rodgers and preferred the psi on his footballs on the low side of the LEGAL pressure range. It also appears that equipment staff may have lowered pressure further.... but it was never established that Brady requested this action, whether it was done out of employee over-zealousness or was an overt scheme with the NE quarterback.

All that Wells did is throw a "qui bono" conjecture in front of the public (if it was even Wells words or the NFL counsel's Pash's "edits") ..

And even if Brady himself was caught red-handed sticking a pin in the footballs, a four game suspension was way over the top.

So please Wm Rhoden, this story needs to be euthanized rather than sustained on life support.
Posa (Boston, MA)
"Brady tampered with footballs"... so now Rhoden is inferring that Tom Brady stuck a pin in the footballs? Really.
Adrienne (Massachusetts)
The problem is because the NFL rigged their investigation and never really cared about the truth, we will never know what and who was behind the accusations and if they were true. Immediately after the game, the NFL leaked erroneous reports to ESPN writer Chris mortenson and refused, even to this date, to correct them. The NFL lied and misled the public so why should we believe anything they say. The bottom line is players have never gotten in real trouble for cheating with their equipment. Guys like Jerry rice used to giggle about their use of stickum or vasoline on running backs or kickers playing with footballs. Sometimes fines have been levied, sometimes little notes have been sent saying "now you stop that". The bigger question is why the NFL tried and succeeded in making this case as big as they did. The bigger question is why they lied in their reports and why they have tried to bring down the greatest quarterback of all time. The judge couldn't rule on the evidence, but he certainly picked them apart in court. The NFL had nothing on Brady yet punished him like a wife beater. I really don't care bout psi in footballs because the NFL never cared about it as they never even had the referees write down the information, even when they conducted their sting operation. I care most about the treatment of a player who has never even gotten a speeding ticket and is sort of geeky. That's what everyone should care about, especially the justice department of the U.S.
joe (THE MOON)
Give it up- The final score was 45-7, 28-0 in the second half. Didn't give much of an advantage did it. Plus who cares-get a real job.
William (Massachusetts)
Haters, please try to expand your minds just a little bit to understand that Brady was initially suspended for a Quarter of a Season because somebody said: "Maybe he knew something was going on and maybe he didn't. But I'm leaning toward maybe he did".
Doug (Wolf)
Does every team have a "deflater-in-chief" ?
Mike B. (Cape Cod, MA)
Don't you think it's curious that over the entire history of the NFL that the subject of under-inflated or over-inflated footballs never came up? Does in fact a PSI reading of plus 1.0 or minus 1.0 give a quarterback or a team a competitive advantage? And given that science has concretely demonstrated that something as simple as the weather (too hot or too cold) can alter a football's PSI reading by even more over the course of a football game can pretty much nullify any suspicions of "foul play"?....And, also, don't you think that if the NFL really believed that a minor fluctuation in a football's PSI could materially affect the outcome of a game, that it would have taken whatever measures it could to prevent such a situation from occurring?

What I am saying here that this entire issue with "deflategate" was nothing more than a smokescreen engineered by Goodell and others within the NFL to detract attention away from the more serious issues confronting NFL owners -- such as CONCUSSIONS.

The whole subject of over- or under- inflated footballs should be handled by scientists and not criminal investigators. It's pure and utter nonsense and those behind this charade failed in their efforts to shift attention away from the more serious concerns confronting the NFL today.
Chico (Laconia, NH)
I think William C. Rhoden should be barred from writing any columns regarding Tom Brady, Bill Belichick or the New England Patriots, because his obvious disdain and hatred for them always shines through his writing. Rhoden never lets the fact get in the way of his biased anti-Patriot fiction he likes to write.

When you read all of the information out there and how this case was slanted by the NFL, there is no guilt or even proof of guilt. Mr.Rhoden and his ilk, seem to still maintain that Tom Brady or the Patriots are guilty, but have shown by their own words that they still are going by original reports, not having done their due diligence by reading the Patriots Wells report in context rebuttal, Tom Brady's text regarding Goodells decision and the Brady's testimony in both the hearing and appeal, what's obvious and is undisputable is that the NFL and Goodell continued to lie about facts, allowed erroneous information to leak and smeared Tom Brady without any facts to support their assumptions. Goodell lied, made jumps to claims conclusions that were improvable, and thus showing he is unfit to be commissioner in the NFL and is the only one guilty of defaming the integrity of the NFL.
AO (JC NJ)
He has not right to disdain weasels and cheaters - How dare he.
Jorge (Florida)
Berman's ruling is flawed ; essentially saying that in his opinion that the Collective bargained contract doesn't apply and instead his interpretation of how an Arbritator should do their job. He erroneously cites that Brady should have gotten notice that if he did something wrong, like interfere with an investigation by destroying his cell phone, and avoids the fact that the NFL Operating Manual by reference covers the point. Berman says that because one witness states that the NFL Manual is given directly to owners and coaches but not directly to players, the the Operating Manual does not cover the notice provision that if you do something wrongthere will be a consequence.

Hey guess what in the real world of employment you cannot use ignorance of rules, policies and procedures to defend interfering with an internal investigation. Most employees would be fired.

Now going forward, every NFL player will file a lawsuit with Federal Court on any sanction, and the players union will now be expected to pay the legal bill, just as it did for Brady.

Brady knows what he did!!
mrzardoz2u (San Francisco)
Yeah, he led his team to a fourth Super Bowl victory. Ha Ha
Number23 (New York)
I'm OK with the ruling.It's a close second to Brady delivering a weepy confession on the witness stand. Most sports fans will come away from this believing that the Patriots got away with something, contributing to what is already a nationwide dislike for this team. In most cases, I gravitate toward the unpopular -- in music, literature and, for the area I live in, politics. But it does give me some comfort knowing that I'll be just one of millions rooting for the Pats to lose every Sunday.
Robin (Boston)
Quite simply, the best piece of writing on Deflategate to date.

That so many are equating Judge Berman's ruling (that the disciplinary process was flawed) with exoneration for Brady, says much about the stunning ignorance/delusion of Patriots' fans.

To those who cling to the notion that Brady is innocent - please explain why the Patriots have fired McNally and Jastremski.
Benjamin (New York)
Robin, re: McNally and Jastremski, two explanations: (a) the NFL pressured the Patriots to fire them and (b) both men cursed Brady at length in texts--would you keep them on your staff, given how dispensable they are?
Chico (Laconia, NH)
If you think this is the best piece of writing about Deflate-gate than either you haven't read very much or have been in solitary confinement since Chris Mortenson release the false information regarding the ball pressure given to him by leaks in the NFL office. Completely clueless....try reading Sally Jenkins who is completely unbiased and not a avowed Patriot Hater.
Adrienne (Massachusetts)
If you've done any reading at all in this case, you would know that the jets fired their equipment manager for the jets kicking balls being tampered with in 2009. The kicker was not even fined. The question here is evidence or lack of such that connects Brady to any SCHEME. The NFL acted in bad faith, has lied about this in multiple ways and refused to pony up key notes and witnesses to be questioned by Brady and his lawyers. If they were so sure of their case, why are they editing a report that was supposed to be independent. The judge ridiculed the NFLs so called evidence in open court, but is not allowed to rule on it or he would get overturned in a higher court. The NFL can't be trusted to be honest. Why shouldn't Brady be believed when he has never given fans a reason not to trust him. The NFL has given every reason not to trust them. You don't suspend a player for a quarter of their season for perhaps being involved with an equipment violation.
Tony Glover (New York)
So many smoke screens from commenters about the science. This is directly from the analysis performed by Exponent, the physicists who looked at the issue of temperature and the footballs:

"The main issue in the present situation is not that the pressure inside the Patriots and Colts footballs dropped (which is expected given the temperature transitions); rather, that the Patriots balls exhibited a larger pressure drop when compared to the Colts balls. [We] examined the extent to which the various physical, usage, and environmental factors that may have been present on Game Day could potentially explain such a disparity..."

"Accordingly, within the range of game conditions and circumstances most likely to have occurred on Game Day including the timing of various events that are understood to have occurred in the Officials Locker Room during halftime, we have identified no combination of the environmental factors... that could reconcile the Patriots halftime measurements with both the results predicted by our experiments and the measurements of the Colts balls taken at halftime."

"The Patriots game balls exhibited a greater average pressure drop than did the Colts game balls."

"The average Patriots halftime measurements from Game Day are lower than the lowest averages possible."
Doug (Virginia)
Tony, remember that all those quotes rely on Walt the ref misremembering which gauge he used. If you go by the one he actually said he used, the numbers align perfectly given that this second gauge measured .4 psi off the first one.
Mike B. (Cape Cod, MA)
Do you honestly think that a plus or minus of 1.0 to 1.5 over prescribed limits would materially affect the outcome of a game?...and that given that weather conditions alone can easily account for variations...that the NFL would have instituted a league-wide protocol for the handling of game balls if they thought it was warranted? Why, all of a sudden, has it become such a serious issue? Well, I'll tell you why -- because the NFL needed to shift attention away from the more serious concerns that the NFL is being forced to address i.e. CONCUSSIONS...and that, perhaps, Mr. Integrity (lol) i.e. Roger Goodell wanted to take the focus off of his poor judgement in prior cases dealing with far more serious offenses or issues. SO DROP THIS NONSENSE. This story is DEAD AS A DOORNAIL. The simple truth is that the only ones who seem to want to keep this story alive are those who envy the Patriots success.
Bean (Maine)
Actually -
www.reddit.com/r/nfl/comments/3fucbk/from_the_brady_appeal_exponent_stat...
...there was a .7 PSI difference between the Patriots drop in PSI and the Colts drop at halftime. When coming up with their model ... Exponent flat out refused to include timing of the measurements and dampness of the balls. ... this is a fact as exponent listed all their variables. When using the exact data/science that Exponent themselves provided, the following conclusions are met. If it took 3.5 minutes to measure the Patriots balls: PSI difference drops to .4 a... If it took 7.5 minutes to measure the Patriots balls (which is around the standard time everyone has accepted based on them only measuring 4 colts): PSI difference drops to under .3 ... If we assume 7.5 minutes and the same dampness data, assuming the Patriots balls are slightly more wet than the Colts (very safe assumption as they were measure first and the Colts balls were held in weatherproof bags while the Patriots were in open rain): ... the difference in PSI .07... using the exact data Exponent themselves came up with, using safe assumptions, nearly all ... the difference in Patriots and Colts balls disappears. That's strictly adding the timing of measurement and the wetness of balls, completely ignoring human/gauge error which is proven by the 3 measurements Daniels did on the ball the Colts intercepted (...measured 3 times and got 3 different results with a .4 PSI difference)
Barry Fisher (Orange County California)
Brady has nothing to answer no matter what the NYT opines. Really his only answer should be to help the Pats kick the crap out of the Jets, twice. I'm not even a Patriots fan, but I can see that this issue of the balls will continue to be a waste of time and effort. Mr. Rhoden insistance that this matter presents a great ethical dilemma instead of a trivial matter shows a serious lack of proportionality. This distorted stance would, by inference imply that a parking infractions was as great a moral offense as a burglary. But instead of just getting over it, I suppose people will be after Brady until it no longer sells papers.
RTA (Southport CT)
Like everyone who can throw a football 70+ yards, and in particular those who do it for a living, they know whether the ball is under or over inflated.

He's known it with every ball he's picked up in the last twenty years.

The guy gets paid to know.

It's not like MLB where the umps rub Mississippi mud on a sea of dirty 216 stitch balls that circulate from one team to the next.

While the same NFL pigskin is used by all, it has no soul until it's got it's pneuma.

Tom does not like Mr. Marshmallow that does not spiral tight, nor Mr. Rock that will either sail out of his hand or fail to allow the grip to put some serious violence into Gronkowski's numbers.

THIS IS THE ELEPHANT IN THE ROOM - every quarterback in the league knows it ... as well as a thousand of college QBs.

Tom strolls out of the court house smiling - but he knows.

And no way we he'd let anyone screw with a ball he would use before a game that he did not know about. You are not the performer and fist pumping competitor that he is, and let someone mess with your lightning bolts!

Zeus knew !
Bean (Maine)
This is funny. The NYT has been my “go to” source for objective reporting and in-depth stories for decades, but when I tried to keep track of deflategate developments this year I had to look elsewhere. This article is the last straw, and I nearly cancelled my NYT subscription, but most of the comments are so marvelous that I changed my mind. Look, Mr. Rhoden, have you done any reading at all, other than Michael Powell’s articles? Even if you only read the Wells’ report you would learn that no one had recorded the initial psi of the 24 footballs in question and no one had recorded which gauges were used so there was no baseline for evaluating the measures at half-time. So the best recollection of the NFL official for the initial psi of the footballs was relied upon when measuring all 12 Pats balls (and only 4 Colts balls). And the best recollection of the same NFL official for the gauge he used - which showed the Pats balls at the expected psi – was NOT relied upon for reasons that no one has yet been able to translate into understandable English. And did you read the admission of the folks at Exponent during the appeals process that the .3 psi everyone agonizes about is statistically insignificant and not admissible in a civil action? Ah well….
Chuck from Ohio (Hudson, Ohio)
The Judge who has Brady on his Fantasy football team, rule that Goodell administered his own brand of industrial justice. He did not look at contract between the players union and the NFL or law just his own form of cowboy Justus. He did not pay attention to what the suspension was about Tom Brady not cooperating and destroying his phone. Every one now knows the level of deceit by this man, Tom Brady and the continued cheating by the patriots.
All I have heard is there is no proof, Brady destroyed the proof or tried too.
Now this Judge and his Kangaroo court have used to law to help this team cover up it's sins.
Matt Ng (NY, NY)
All one has to do is go back to listen to the radio interview conducted with Brady first thing in the morning after the AFC championship game: the reporter asks him about the scandal and Brady is not aware of the story yet and he responds that it's just sour grapes and that now he's heard everything.

There's no hesitation, no fumbling for words, no sense from him that he knows anything about this, just that this was a case of sour grapes and a joke and he dismissed it outright.

Not the words of a guilty man.
partlycloudy (methingham county)
Cheater win. The Patriots have cheated for years, and they win because of that. The Ravens knew that the Patriots deflated balls. It's easy to know and Brady obviously knew and benefited from the cheating.
And Peyton Manning is going to be found to be right about the visiting team's locker room being bugged. But no one can stop Brady and the Patriots. Put him on a polygraph and watch the needle go crazy.
Matt Ng (NY, NY)
And your evidence is what?

Is it just because you think so?

This is one of the main points that the judge pointed out: he repeatedly asked the NFL to show evidence that Tom Brady cheated and each time the NFL couldn't offer any evidence.

If an athlete is guilty, and scientifically proven to have cheated, like Alex Rodriguez and his blood tests for PEDs, then fine, fine him, suspend him, call him a cheater.

But when there's no scientific evidence other than "we think he cheated", it's time to deal with reality rather than some fantasy world.
PE (Seattle, WA)
The deflation of footballs by the patriots has not been a one time incident. Other teams have noticed this. So much so that the Colts were tipped off. If it's no big deal, it shouldn't be a rule. If it's no big deal, other teams would not care, would not notice. But it is a big deal. A hard ball in cold weather is is harder to catch, harder to throw. A softer ball is easier to catch, easier to hold on to, less likely to fumble. Even by slight degrees this is a huge advantage. Just ask the players. So this is not something small. It's legitimate cheating on par with Steroids, but I would argue even more pervasive since it effects RBs, WRs, TEs, obviously the QB, anyone who touches the ball. Not just Brady. The whole team is guilty and complicit. It only took one interception for the opposing team to notice--that tells you a great deal.

The Judge was ignorant to the game, and made a mistake with his decision. Goodell was right in trusting the Wells report. The evidence pointed to foul play--more likely than not. Goodell's job is to protect the integrity of the game, the NFL brand, not Shady Brady and the Cheatriots.
EpsilonsDad (Boston)
What this case shows, and the article also demonstrates, is that it is harder to explain science then to make up a different story.

To the editor, if I hear another person refer to the "weight" of a football, in regards to this case, my head is going to explode. The weight of the football is determined by the leather and rubber bladder in the ball. The amount of air in the ball, which is what is in questions, has no measurable effect on the weight of the ball. The pressure is however measured in pounds per square inch. The fact that the word "pounds" is used in the definition of pressure appears to cause massive confusion.

Which brings us to the other point. The NFL had and still has no idea what the halftime pressure of a ball should have been. In fact a reasonable person would conclude that 11/12 balls were probably right at the expected pressure given that they were initially measured warm and were later measured cold. But to understand and explain this, you would have to be able to explain high school science. Which apparently was harder for the NFL to do then to just accuse someone of cheating.

Given the NFL's grasp of the law, is it a surprise that they have a tenuous grasp of science as well?
JCA (Boston, MA)
While the basic premise of Mr. Rhoden's piece is true: Judge Berman's decision did not exonerate Mr. Brady from ball tampering allegations, Berman did go usually far to let us know that he did not agree with the factual conclusions of the investigation. Most of his exculpatory comments are contained in footnotes or a parenthetical, as if to say: I know these comments are not germane to the narrow question before me (i.e., was the process fair); nonetheless, I cannot help but to comment on the following: the absorbent cost of the investigation (contained in a parenthetical on page 3); Brady performed better in the second half when the balls were at regulation pressure (footnote 3); the NFL's attorney admits there is no "smoking gun" (footnote 5); there is no proof McNally actually deflated the balls in the bathroom (footnote 16); the phrase "'scheme' to deflate footballs" should be placed in quotations (footnote 18); and the Wells Report acknowledges that scientific evidence alone does not establish tampering (footnote 7). Had Berman made these comments part of the core of his decision, he would risk reversal by the appellate court, as he is required by statute to accept the arbitrator's factual findings as true. Accordingly, while Brady's culpability is still an open question (even to this NE fan), Judge Berman has given us his opinion.
Paige Wheat (Twin Falls Idaho)
Brady needs to sue for defamation of character because it would force a ruling based on the scientific evidence, which proves he had nothing to do with the change in psi from pregame to halftime. Unless he does that, the ignorant haters will continue to falsely assert he is guilty.
Earnest (Boston, MA)
I don't think you need to apologize - but not writing this exercise in rationalization would have been welcome. - A Patriot's Fan
Matt Ng (NY, NY)
Mr. Rhoden has shown his true NY/NJ colors in his coverage of this so called cheating case.

If Mr. Rhoden would just consider the science involved, especially the poor scientific methods and control as detailed in the Wells Report, he'd have a different opinion.

Where's your articles about Alex Rodriguez, Mr. Rhoden?
Donald Duncan (Cambridge MA)
It's true that the judge's decision was not based on guilt or innocence, only on the justness of the process. It's also true that the NFL did not prove their case against Brady. It's also true that we could reasonably expect he knew, since adjusting ball pressure is apparently common among NFL quarterbacks.

But it's also true that the NFL has no idea what difference it makes whether the balls meet the specifications or not, and to what extent they remain within the specifications during normal use during a game. What we *do* know, unequivocally, is that while the allegedly underinflated balls were in play, the Pats played their opponent more or less even. After the balls were replaced by balls inflated to spec, the Pats trounced the Colts and won running away. This suggests that the value of under- or over-inflation may well be inconsequential, and mostly in the mind of the quarterback. If that's the case, how do you come up with a $1 million fine and a 4-game suspension, particularly on suspicion but no proof?

The judge was absolutely correct in throwing this out as unjustified based on the process followed, and the NFL should hang its head in shame for not only pushing this punishment based on suspicion, without even knowing if ball inflation even influences play, and then trying to dish out a punishment massively disproportionate to the suspected rules violation.
Patrick (Ashland, Oregon)
How I long for the days of yore when I could pick up the sports section and not see stories about doping, cheating, spousal abuse and felonies.
MRod (Corvallis, OR)
Only because it was not reported, not because it was not happening.
Ed Quattlebaum (Eastham, MA 02642)
For years I have admired Mr. Rhoden's columns for the NYT. But on deflategate, he has damaged his credibility.

Go back to his two earlier Brady articles this year -- one on Jan. 25, and one on May 8. When reading the first, I thought, Uh oh, my hero Rhoden is too much a NY fan, too sure that "Not a Scientist" Belichick got caught again, just like Spygate. And worse, the Patriots may next use "Us vs. the World" to win another Super Bowl.

Rhoden's May 8 piece showed even less caution:

"The report released on Wednesday by the N.F.L. into the New England Patriots’ deflation of game-day footballs makes it clear that Tom Brady...did not play by the rules when his team trounced the Indianapolis Colts...in the A.F.C. championship game."

"Makes it clear"? Mr. Rhoden, you and I both have to admit: We can suspect--destroyed cellphone, silent ball-boys, Spygate history--but we don't really know.

But when you write for the NYT, you are writing for a global audience, not just a NYC one. If you're going to allow your column to be the voice of a NY fan, that's your right, but, Say So, up front.

And now, the day after Judge Berman's ruling, you say there will be no apology from you to Brady or the Patriots. Fair enough, as they may indeed--or may not--"cheat" more than other NFL teams, as you imply.

The needed apology is to admiring readers like me, who are disappointed that, on this one topic, you allowed the NY fan in you to tarnish your credibility.
Michael (Ohio)
Where are the ball boys?
Why aren't they belong called to testify?
The balls didn't self deflate, and you can bet that the ball boys were only doing what they were told to do.
Skeletonman (Pine Tree State)
You are either ill-informed, not paying attention or a spite-filled partisan.
Matt Ng (NY, NY)
Well, they did testify, for many, many hours.

A simple internet search would show you this.

And where's your evidence? How is it you know and not the NFL? The NFL couldn't prove there was any cheating, so please come forward with your evidence.
jfxgillis (Boston)
"I tend to think that the Wells report was more right than wrong when it concluded that it was 'more probable than not' that two Patriots employees deliberately released air from Patriots game balls last January"

So you're little bit more than 50% convinced that Wells was correct to be a little bit more than 50% convinced that Brady is guilty?

Have your guys at The Upshot do the extra decimal points, but I think that works out to about 25.5% chance that Brady is guilty.
Andrew (Westfield, NJ)
Underlying Judge Berman's decision were grave misgivings about the evidence marshaled against Brady in Wells's amateurish, supposedly "independent" investigation, NFL leaks of incorrect information (never corrected by the media) that tarnished the team and quarterback in the court of public opinion, and Goddell's indefensible overreach as league judge, jury and executioner.

The NFL has paid the price of going after Brady with evidence that could never stand up to legal (or scientific) scrutiny and imposing an arbitrary penalty that never fit the crime.
S. Perry (San Francisco, CA)
Your article suggests that Tom Brady hasn't spoken as to whether he was involved with any supposed tampering--of which, it should be noted there is no evidence, because the balls as measured by the gauge which Walt Anderson recollected using fell into the pressure range projected by Exponent's calculations. However, Tom Brady has spoken directly on the core allegations of this process: in the appeal hearing, he testified voluntarily under oath -- that is, he didn't have to testify under oath but he chose to do so, opening himself to perjury charges if he was lying -- that he was in no way in involved with any scheme to tamper with the balls. Try actually knowing the facts instead of peddling unjustified innuendo.
DCfromBoston (DC)
Rhoden, try Matthew 7:3 ""And why worry about a speck in your friend's eye when you have a log in your own?"

I cannot find you condemning Derek Jeter for faking that he'd been hit by a pitch when he represented the tying run in a close game. Nor Knoblauch for a phantom tag in 1999 ALCS. Nor Yankees for having steriod cheaters on their 2003 Pennant Champs. Nor Bucky Dent for using a corked bat on the winning hit of the 1978 one-game Pennant playoff.

But column after column you try to drag Brady through the mud with your "sportsmanship is sportsmanship, and cheating is cheating" -- calling Jeter a cheater? Knoblauch? Dent? Entire Yankee franchise?

If not, then we may call hypocrite.
hobdy29 (renton,wa)
The judge's ruling gave Tom Brady a "win" as a professional football player. But Tom Brady lost as a "human being" who has no conviction or conscience in cooperating to tell the truth. He may "get by" but will not get away from the tarnishing of his character should he be honest to the religous belief that he professes.
T. S-words (Brooklyn)
If the truth is that he did not participate in a scheme to deflate the balls, his conscience is clean. Why assume that he wasn't telling the truth? Given what we know about the NFL's handling of this, it seems reasonable to refuse to provide a hostile and untrustworthy investigation access to personal information.
Jeanne Kuriyan (Corrales, NM)
The law says that Brady is not permitted to argue the arbitrator's finding, however flawed it was. In other words, Brady cannot prove his innocence because the arbitrator has an unfair advantage, as the judge in a Kangaroo court. But the law does protect Brady by guaranteeing him a fair process as the arbitrator goes about "finding" the facts. The only recourse for Brady against a flawed finding was to point out the conspiratorial process that denied him a fair trial. And the Judge was convinced of this and counted the many different serious flaws committed - and on reading, that makes our head spin. Mr. Rhoden to say "much remains.." after the entire process has been trashed is to exhibit his pathological bias against Brady and the winning Patriots. He is perhaps a closet Jets fan.
frankly 32 (by the sea)
Excellent column.

In the way they can block out all the disruptive-to-their-narrative facts in this case, Brady partisans remind me of the right-wing true believers, who, even after the debacles of their false Gods -- like Nixon and W -- will defend them until death.

If the judge's fumble is not reversed, let's just give the Patriot's more rope.
And if readers are looking for a better quarterback story, I would recommend the one on Bart Starr by Ian O'Connor in the ESPN magazine.
Paige Wheat (Twin Falls Idaho)
The problem with your comparison of Brady supporters 'to right wing true believers," is that the scientific evidence showed the psi decrease was because of the colder temperatures on the field. This has been backed up by scientists from many institutions of higher learning, by a Nobel Prize winner, and by the American Enterprise Institute. Your side has been backed up by innuendo and supposition. This must be taken to court and a ruling based on the evidence not just the NFL procedural errors.
Skeletonman (Pine Tree State)
Boy, you just won't stop smacking your head with that brick.

I think that you are really Roger Goodell.
robert blake (nyc)
Let me get this straight, Brady and the pats destroyed the colts in the second half with footballs checked out. I for one have only one explanation for all the fuss. Brady is handsome, tall, rich, married to a beautiful model. He also just happens to be the best quarterback of his generation. To add to this most of nfl
Quarterbacks like their footballs a certain way. This is all about envy and 'get the pats' I'm really sick of this insanity.
Genghis Lapointe (Boston)
The hate is indeed " all about envy and 'get the pats', but that wasn't the cause of Deflategate, which was and is an incompetent bully's attempt to target a popular target (i.e., a "hated" target) Tom Brady. A lot of fans want to believe that the Patriots aren't that good. We should ask those fans why it is that Boston has --what is it?-- ten national championships in the four major sports in this new millenium. Boston teams win a *lot* and it ain't because of cheating. Where the heck do Americans think the American work ethic came from? Hint: It wasn't New York, New York.
MIchele Morgan (Miami and Boston)
No, Brady has no more questions to answer.
fritzrxx (Portland Or)
Brady did not deflate the balls nor know about their deflation? That is crazy! How many times had he thrown properly inflated balls, before the winning game? He and key Patriots had to know something was off.

Berman seems more football-fan than impartial judge. Are we back in the 1920s and teens?
T. S-words (Brooklyn)
I'm not convinced that anyone could tell the difference between a ball inflated to 12.4 from another one inflated to 12.5. or 12.6. or 12.7. Try it.
Rex Dunn (Berkeley, CA)
Please enough already! Lets get on with watching football.....
Joe (Gannon)
For all those commenting that Brady and the Patriots are still guilty of cheating and should be punished, can you answer me why there has not been, and will never be, an investigation into Aaron Rogers and the Packers who admitted to over-inflating footballs? I am quoting Phil Simms here, but when recalling a conversation with Rogers, Simms stated on national TV that Rogers admitted "I like to push the limits of how much air we can put in the football, even go over what they allow you to do." So an admission of guilt for breaking the same exact rule is OK for Rogers because he does not play for the Patriots?
TedO (Phoenix)
Also interesting that Rogers plays in a cold place. apparently having a ball under inflated in the cold is not such an obvious advantage.
D Geoffrey (Meriden, CT)
He has answered the same questions repeatedly and consistently. It would seem you don't like the answers he has given because they are inconsistent with your conclusions which are not supported by the facts. Perhaps you would recommend we employ some torture techniques to evoke answers more consistent with what you would like the truth to be. I suggest you direct your efforts toward exploring the underlying problems with the ball control system employed by the NFL rather than the expression of your frustration that reality is not what you would like it to be.
Michael Steinberg (Westchester, NY)
Simple idea: Both teams use the same ball (kickers, too). No one sees or touches the game balls but Ernst and Young.
Adirondax (mid-state New York)
This is not news. Frankly, who gives a toss.

This is a "sport" in which the "players" get paid exorbitant amounts of money to concuss one another and inflict CTE on whoever they can get their hands on, including themselves.

All for your entertainment.

It is a gladiatorial spectacle that I stopped watching years ago.

You want blood sport? Go ahead and watch.

I am repulsed.
Bruce (Detroit)
The NFL and Goodell took the line that Goodell did not need to have any proof that the footballs were tampered with or that Brady had anything to do with any tampering. Given the NRL's position, it seems completely appropriate that Berman would rule on the narrow grounds of whether the process was fair and whether the NFL needed proof. Berman had already noted in prior sessions that the NFL did not seem to have very much evidence to back up their claims.

Some readers have made the statement that the Patriots cheated, but none of them have been able to provide any evidence to back up their claim.
Darren (Des Moines, IA)
Thank you!! Perfectly stated. At least his legacy is tarnished. I am just waiting for his wife to spill the beans a few years from now:) Can't wait for the next Gate a few years from now.
Paige Wheat (Twin Falls Idaho)
All gases under pressure lose pressure when moved to colder surroundings and vice versa. It is a Law of Physics and scientists from many institutions of higher learning and the American Enterprise Institute have placed their reputations, free of charge, on their position that the amount of deflation was consistent with temperature changes and the amount of time the footballs' were subject to them.
Witch hunts are fun, but this is seriously defaming an innocent man who is one of the best at his job. It is time to use the scientific evidence in a court of law to dispel the "guilty" designation once and for all. It also will be result in Brady's biggest payday ever.
M Monahan (MA)
This entire case amazes me. Consider this.

Your employer suspends you without pay and docks you 1/4 of your annual salary because they believe that you were "generally aware" of a theft of office supplies stored near your office.

There is no proof anything was actually stolen, only your employers strong belief that it's more probable than not something was.

That's pretty close to what happened here. Do you really have questions to answer after a court tosses out the punishment? Are you still guilty until you prove otherwise.

Apparently so by this logic.
Skeletonman (Pine Tree State)
Another analogy:

Your kid comes home suspended from school for 4 weeks because the principal (who wasn't present) says your kid might have seen another kid trying to copy off the paper of a third youngster.

Then you get notice that you are being fined on top of it all.
Darren (Des Moines, IA)
Does this mean the deflator gets his job back?
Ron Blair (Fairfield, IA)
"But rules are rules, sportsmanship is sportsmanship, and cheating is cheating."

Mr Rhoden, Methinks this is Much Ado About Nothing. Can you name a single sport where the specter of athlete looking for advantage has not or does not exist? From the spray on stickum of NFL wide receivers to the "greenies" made available to MLB players in the clubhouses! in the 50's and 60's, to NASCAR teams inflating nitrogen in their tires. The list is endless. Heroes are flawed. They are Human. In the end that's what matters: they are both heroes and human. Let's give it a rest as far as sleepless nights and ethics denouncements. Enjoy the Game ... and all that comes with it!
Wendy (New Jersey)
And the cheaters in other sports are held to account. Please.
cirincis (Southampton)
Why does the response of Patriots fans surprise anyone? The result is obvious: if you can help your team win, no one cares if you cheat.

For anyone in NY who needs further evidence of this (or who is feeling judgmental of Patriots fans and their response), I offer as exhibit 1: Alex Rodriguez.
Hugh O'Malley (Jacksonville, FL)
Mr. Rhoden, Mr. Brady has no questions left to answer. Would you turn your phone over to a man who is judging you in a fundamentally unfair, prejudiced process that is a kangaroo court, as determined by Judge Berman? To a man who denied your opportunity to receive documents regarding the investigation into your purported behavior, particularly when such documents are routinely turned over in fair and equitable arbitration proceedings. To a man who ruled that you could not question Mr. Pash, the editor of Mr. Wells' "independent" report? I'm so disappointed in Mr. Wells, as he clearly ceded his independence to Mr. Pash and the NFL.

Those who need to answer questions are those who concocted this "independent" process... Mr. Wells, Mr. Pash and Mr. Goodell.
Steve Goldberg (nyc)
Lost in the headlines: Even if Brady realized the footballs he was using were underinflated, he did not touch the footballs when he was not on the field -- is there any proof that he was aware there was a difference?

I recall reading that the Colts brought up the matter to the referees during the game. If so, what did they do?
bob (gainesville)
The appeal is just an affirmation of ;Mr Goodell's over inflated salary and a bonus for the ivy league lawyers that run the NFL. How about getting rid of these high priced errand boys for the owners and put someone in charge that know about administering a football league
David (Ajijic, Mexico)
What makes the NFL great? It is the great quarterbacks. Why does everyone think that the ball pressure is such a big deal? Because most have never played in very cold weather when gripping the ball securely becomes a problem. Why should a quarterback have to play with a defective tool? Forget the ball pressure, let them have whatever pressure they want and stop worrying about it. If it gets too soft they won't be able to throw it as far so they'll find the right mid point. Too much schadenfreude here and not much common sense.
Rich (Boston)
So - I agree that this decision says nothing about what Brady knew or if Patriots staff deflated the footballs after inspected by the refs - but if the NFL really cared the investigation should have been broadened to how common this is and whether the refs actually checked the balls.
The joking comment that Monday night football said about Arron Rogers a couple weeks before that he likes his ball inflated to 16psi(I think) and hopes the refs don't catch it - the report that the balls the Pats used in a game against the Jets were significantly over the 12.5 PSi is telling that this of ball inflation was never taken seriously by the NFL - compounded with the fact that they used 2 different gauges to measure the balls speaks volumes to the concern with the "integrity of the game".

Do I think Brady could have "lost it" after that Jets game (if true that the balls were over inflated) and told them to make sure the balls were 11.5 when they got on the field - yes I could see that happening.
What I don't get is why the NFL did everything they could to make the Patriots look bad given how Bob Kraft was so protective of Goodell -but I guess we will never know that one.
ABMIII (WASHINGTON CROSSING, PA)
Who is responsible for making sure that the football is at the correct inflation psi? Is there a standard? Shouldn't the referees be in charge of "proper " inflation? And if there are not in charge, why on earth not???
Wasn't the football checked at half-time? Didn't the Patriots score most of their points on the second half? Based on the final score it seems likely that the Patriots would have won even with a watermelon for a football.
It sounds as though someone is interested in tarnishing Brady's legacy and the Patriot's legacy as well. It may not be the case, but it sure feels that way.--- and I'm not a Patriot fan.
You didn't think Tom Brady, one of the most valuable players in NFL's history, was going to take a four game suspension quietly, did you?

In my view, the big loser in this whole fiasco is Mr. Goodell, who comes across as an inefficient, overzealous, arbitrary, NFL Commissioner making the wrong decisions, one after another. It's time for Mr. Goodell to look for another job in my humble opinion.

You better believe that Brady is going to play like never before. He's on a very personal mission now. Angry and hungry to make a point which he probably does not need to make,except maybe to himself.
josh (boston)
I think the writer is the one in need of an ethics lesson. Tom Brady was is under no obligation to explain anything. When asked if he did something wrong he denied it outright. If the league felt otherwise, it had the obligation to prove it. They did not.

This commentary like many others starts with the assumption that the Patriots in general and Tom Brady in particular did something or ordered that something be done to decrease the air pressure in the footballs. Yes, some of the footballs were under-inflated, as were some of the Colts' (but we don't have a basis of comparison since all of their balls weren't gauged), but no where is there conclusive evidence of what happened or who, if anyone, was responsible.

In contrast, we have the proven examples of the great 49'er and Broncos teams flouting the salary cap to obtain players they otherwise couldn't afford, the Vikings and Jaguars heating footballs on the sidelines, the Chargers applying stickum to footballs, the Colts and Falcons piping in artificial noise when opposing teams were calling offensive signals.

The bottom line is that perhaps the other teams in the league should focus on getting better players and smarter coaches. Even dolts like Bob McNair (of JJ Watt would never trash his cell phone fame) have enough of a clue to hire a cast of ex-Patriot coaches - O'Brien, Crennel, Godsey, and Vrabel who know something about creating a culture of success. This isn't really about ethics. It's simple jealousy.
Michael (Stockholm)
Another article about Brady that completely misses the point:

Brady testified under oath that he "had no knowledge" of anything to do with tampering of the footballs.

The author still thinks that Brady "did it". Despite the fact that no one has ever proven that something was done.
Dan Riley (Vista, CA)
Mr. Rhoden, your acceptance of the Wells report is your choice of course, but that doesn't make it true. As with the Warren Commission Report, it is terribly, almost fatally flawed. If you insist on holding to your view that Brady is a cheater based on a report that was an integral part of a process Judge Berman found wanting you could have saved yourself some time composing this column simply by writing, "I know there's a pony in here somewhere."
http://thenobbyworks.blogspot.com/2015/05/say-it-taint-so.html
dimasalexanderUSA (Virginia)
If you watch an NFL game played in rainy or snowy weather, you'll see that officials carefully cover the balls between plays and/or run in dry balls before every play. Why? Because it makes it easier for the QBs to grip them. That makes a much greater difference than over- or under-inflated balls, if you care to try it in our back yard. In addition, at least one hall-of-fame QB has said he deliberately over-inflated balls above the "legal" limit because he could grip those better. Andrew Luck, who failed miserably in the game in question adjacent the Pats, also loves to have the official game balls inflated very high. i.e., this is all about nothing, except of a cabal of owners who hate the Pats and their over-paid lackey to destroy the team's reputation, with Brady an innocent collateral damage.
JohnV (Falmouth, MA)
The judge repeatedly asked the NFL for some substantiation, any corroboration that Brady was involved - none was forthcoming.
Pedler (Oakland, CA)
It's not surprising — though it is a shame — that sports journalists who invested their credibility in over-the-top outrage find it impossible, now that the NFL's case has crumbled, to simply say, "I was wrong."
NedSully (Kissimmee, FL)
From day one Brady has denied any knowledge or complicity in the deflation of the footballs. So what questions do you now want him to answer? I would hope that after the NFL's defeat in the 2nd Circuit, he sues in civil court for defamation.
David L (Vermont)
Wow, "...the Wells report was more right than wrong when it concluded that it was 'more probable than not'." Good luck with that, not only in court, but in life. Do quarterbacks in the NFL adjust their game balls to their liking, including adjusting air pressure both below and above the prescribed threshold? Yes, they do. That has been established, and includes Aaron Rodgers (he admitted to above the prescribed high side), Tom Brady (to at least the prescribed low side), likely Andrew Luck (some of the Colts' balls were also on the low side), and others. So why does Brady get targeted? Not because they take advantage of every possible maneuver to win. All teams do that. It's because they do win while doing it, which every team doesn't.
Helen Walton (The United States)
It is very sad to know that corruption and lawlessness are in all spheres of our life, and sport is no exception...
Casey K. (Milford)
Here you see and read that the witch hunters just can't let it go. The hate and jealousy of the Patriots is so palpable that they stare into every crack real or imagined for signs of guilt. Its pathetic.

No the judge didn't retry the case. That was not what the NFL wanted when it took this suit to his court.

The fact that he over turned the decision speaks volumes for the lack of evidence and willful misconduct of the NFL and its investigators.

Its become painfully obvious that not only doesn't the NFL have any clue about the science of ideal gas law but neither does the fan base. Even after a massive repetition of the how and whys of the science in the media. Its not they don't get it. Its they don't want to get it.

What this article and the repeated chants of cheating remind me and should all of you is: Witch hunts die hard and slander and defamation are really criminal acts that should be severely prosecuted from those that start them to those that continue to give them life.
JeffN (Pittsburgh, PA)
Here's the thing: this article essentially ignores the real process of an appeal. Brady's appeal was upheld because the judge held that Goodell and the NFL violated contractual and traditional procedure in how they warned Brady of potential discipline, and in his access to the investigators and evidence. On page 20 of the decision, the judge acknowledges explicitly that the facts, as found by the arbitration board, stand, as they are not appealable. The Patriots and Brady are not owed any apologies, Brady got off because the NFL didn't follow procedure, not because he's innocent of any wrong-doing. In the eyes of the law, Brady has been adjudicated a cheater, end of story.
Tomasi (Indiana)
"Legal Questions Aside, Much Remains Unanswered."
Yes, putting aside the bias and compromised ethical positions of Goodell, the NFL’s General Counsel and the outside firm representing the NFL; the innuendo used to find Brady had anything to do with the alleged tampering (“general awareness,” indeed); the shocking violations of due process in Goodell’s and the League’s review of the case; and the totally inappropriate standards used to define the punishment for the alleged offense – (how is a varying the pressure in a football by one psi even remotely similar to using performance enhancing drugs??);…

The questions that remain include whether the League is willing to come to grips with the **real** (as opposed to entirely imagined) scandals plaguing the Game: concussions and their long term effect (CTE), and spousal and domestic abuse (Ray Rice, Adrian Peterson).

Another question that remains that is difficult to answer– perhaps Mr. Rhoden could help us here -what is at the root of this witch hunt and the angry and irrational obsession with Mr. Brady and the Patriots? Why would so many fans of the game – including even a sportswriter for the paper of record - lack even an inkling that their perspectives are deeply irrational and biased? Why do Mr. Brady's critics continue to ask for blood from a talented player whose sin was handling a football some yahoo had tampered with?
rick (PA)
There's no such thing as "guilty" or "innocent" in our justice system. Instead, there's "guilty" and "not guilty." If you don't respect this decision and argue that "Brady still has some questions to answer . . . ." then you don't respect—or understand—the way our justice system works.
TN (Friendswood, Texas)
Roger Goodell would have done better to accuse Tom Brady of witchcraft. More legal precedent, and about as much evidence.
Bob C. (RI)
In what sense does Brady have some questions to answer? He's already been asked and answered every relevant question in this case. If you don't believe his denials, fine, but don't act like he has not publicly denied these accusations and proclaimed his innocence multiple times already. His version of events is pretty complete and in the public record.
Steve Struck (Michigan)
Through all of this I'm still wondering how anyone gets punished based on phrases such as "was more likely aware of than not". When I was last on a jury the judge instructed us carefully about reasonable doubt. You may feel Brady or the Patriots or the locker room guys are guilty but in our society we don't punish on an opinion.

Moving this topic from the specific to the general, I would argue society is moving from traditional justice (presumption of innocence, trial by peers, the reasonable doubt concept) to lynch mob via social media. We need to recognize the difference.
dannteesco (florida)
Scandalous!! Let's move on and check the pressure of soccer balls too...and what about the fuzz on tennis balls! I believe hockey pucks are precooled before a game...etc...etc. What nonsense!
carlson74 (Massachyussetts)
No evidence not guilty! Don't waste the courts time there are killers out there.
james (<br/>)
Indeed, Brady may have cheated inasmuch as he might have known footballs were being inflated to improve his grip. Indeed, destroying his cell phone gives the appearance of wrongdoing. Indeed, Brady's more successful passing in the second half of the game with properly inflated balls demonstrates nothing with regards to Brady had any knowledge of the supposed purposeful inflation. And ideal gas laws do not exonerate, do not condemn Brady's legacy. The ambiguous truth is that the Wells report failed miserably in deciding anything within a court of law. Brady is innocent until proven guilty, and the NFL failed miserably in its proof.
gavrielle (US)
The judge was careful to make a ruling that is not likely to be successfully appealed; a decision fully in favor of Brady. As fans of Patriots' opponents, most of America can go on believing what they choose based on their own team bias, or, as this writer does, based on what they "tend to think" using terms like "more right than wrong" and “more probable than not” in lieu of the existence of any actual evidence. I can confidently respond on behalf of Patriot's nation when I say, "We don't want no stinkin' apologies."
John W (Garden City,NY)
Sportsmanship has been dead in professional sports for some time. The Brady Issue of getting away with something he obviously was involved with, is a new low for professional sports.

Professional athletes are so media hyped (what else does social media have on it's plate other than hyping "stars"), and spend hundreds of thousands of dollars to "build their brand", that the act of sportsmanship is purely coincidental. There are still a few sportsman out there but very few.

The Patriots are the ultimate example of professional sports teams breaking the rules whenever possible. Where the Green Bay Packers of Vince Lombardi ever questioned for their integrity ? Did Roger Staubach ever whine and complain about being unfairly hit ?

They where sportsman, not this guy. Yes he can buy lawyers to argue his case, but he is an example of what is wrong with professional sports today.
Rob Froome (New England)
This article is idiotic. There is no "bigger question" of "sportsmanship" here. If you've read the Wells report, then you know that barely any of the Colts footballs were tested, the ones that were closely resemble the Patriots' footballs in air pressure, the two different gauges used produced widely different readings, and what little loss of air pressure there was can be easily explained by physics, in spite of persistent misreporting by ESPN and the NFL. The vague allusions in this article to sportsmanship and cheating ignore that the most basic facts of this case are in dispute. This whole event has been thoroughly and microscopically investigated already, and the case is a mess. Are you seriously suggesting that the NFL needs to do MORE investigating of this case to answer this "bigger question"? Forget about what Brady knew or didn't know, the footballs themselves were barely under the legal PSI, and the Colts' balls were as well. Once the refs start methodically measuring the footballs this season, when the weather turns cold, we might very well find that all balls lose a little bit of air pressure, as the footballs did at the AFC championship. This ridiculous, silly case has been thoroughly deconstructed by Forbes, the Post, and many other mainstream publications. Perhaps Rhoden should read some of those articles to get a better handle on the facts of the case itself.
CS (Maine)
You write: "I also tend to agree that Brady at the very least had some cursory knowledge" But, you cite no direct evidence of this. The judge's decision today stands for the proposition that the NFL cannot act arbitrarily and inconsistently apply its rules. A fundamental tenet of fair process is the requirement of citing evidence that tends to prove the offense alleged. The only thing potentially tying Brady to the underlying allegations of deflating footballs (for which there is very little evidence in the first place) is some negative inference from Brady's destruction of his phone. But, the NFL had possession of all the other relevant phones with which Brady might have communicated inculpatory messages. None of the messages between Patriot employees provide any evidence that Brady knew balls were being inflated below NFL specifications. We can hypothesize that Brady "must have known", but no evidence supports that inference. It should be insufficient to condemn a person's actions based on inference and innuendo whether before the NFL or here in the court of public opinion. We don't and probably will never know the underlying truth about the deflated balls. The evidence is too sparse to prove it one way or another. That has been the fundamental flaw with the NFL's case against Brady and the Patriots from the beginning even if that was not the question before Judge Berman.
Chris (Lynch)
Your comment that "I tend to think that the Wells report was more right than it was wrong" is breathtaking because, ironically, that's about as unemperical as the "generally aware" and "more probable than not" conclusions in the report itself. I don't think Berman needed to rule on how preposterous the findings were -- you know, ignoring science, the burden of needing direct proof -- because this was more about the punishment and the arbitrary nature of it.

Your righteous conclusion that Brady has some questions to answer basically implies this: Until he gives you the answer you want to hear, you're not satisfied. He has answered publicly that he didn't know, he told investigators he didn't know, and now he's going back to work. Whether or not you believe him is up to you. But he does not need to answer your questions any longer. Worried about his cell phone? Well, the man's wife is a supermodel and he has a family. He may not want to tell you why he doesn't want to hand it over to the NFL and the pack of fact-ignoring "call it like I see it" columnists like you who write about him.

This column is like Joey from Brooklyn -- first time, long time! --- calling into WFAN shooting from the hip with no actual facts, science or evidence supporting his statements. But hey,
"calling it like I see it!" Except this is in the New York Times, which is unfortunate.
afutterm (baltimore)
I have been reading your stuff for years. I must say, this was last straw. Writing for the same paper - perhaps the same column as Red Smith - you never fail to try to be expansive about politics, ethics, philosophy, etc. Some may like that, but I don't. I wish you would stick to sports. You are first, and foremost, a sports columnist. In this, you fail. You don't win me over with pontificating. I may even agree with you at times, but I still can't stand your columns. I wish you would stick to a thoughtful, detailed, reflective, and nuanced description of what has happened. That is not the same thing as what you think is right, wrong, or should be. Red Smith was a great writer...truly. He used examples well, he described things in wonderful detail...He was humble. You should read him...and learn something about humility from Red Smith.
Michael Cornelius (Portsmouth, NH)
Really Bill? Was it a different William C. Rhoden who complained about how the Yankees weren't honoring Alex Rodriguez's career accomplishments this season? Of course A-Rod has never been so much as accused of doing anything improper. Oh wait..... Meanwhile you "tend to think" that the Wells report was "more right than wrong" when it concluded that is was "more probable than not" that footballs were intentionally deflated. And you also "tend to agree" that Brady "had some cursory knowledge" about it. Wow, that's definitive. Clearly Brady should be banned for life; or to your point, have questions to answer forever given all of those qualifiers. I generally enjoy your columns. Please find another subject.

Michael Cornelius

www.onsportsandlife.com
Enobarbus37 (Tours, France)
What utter nonsense. "Sportsmanship"? How about concussions?

"I tend to think"? Who cares?

You are like a fan at a football game rooting for his team. Mercifully Judge Berman is a member of what still, to this day, separates our country from most other countries on earth, our judiciary and legal system. It is possible, nay probable, to get a fair trial in the U.S by serious, honest, intelligent judges and juries.

But it is good to see the NY Times focussed on deflated footballs rather than whether we should invade Iraq. No harm, no foul.
Fitzcaraldo (Portland)
Well, you know, despite risking mental illness, a fair number of men put their hands on their inflatables. And I'll betcha they can tell, like Brady must have, whether the air pressure's been tampered with.
rick hunose (chatham)
Shouldn't the NFL - and you for that matter - also be going after Aaron Rodgers for cheating too? Didn't he admit he had balls over-inflated for an advantage? Do you think George Brett should have been called out for too much pine tar on his bat? He thought that the tar gave him an advantage - why else place it there and the rule book was clear.
Sorry I can't view sports as iconically as you - they are not a symbol of what life should be, they are a form of entertainment that has many worthwhile and endearing qualities. But they reflect life as it is, not as it should be in your mind.
Ralph Dunham (Bedford, MA)
It's unfair to question Brady's ethics without also addressing the many ethical lapses by the NFL and its representatives. It's been widely reported that another team, the Colts, tipped off the NFL about the possibility that the Patriots were deflating footballs, yet the NFL allowed the first half of the AFC Championship game to be played before checking the balls at half-time, a classic "gotcha" sting operation.

There were numerous leaks from the NFL office to sympathetic media outlets that disclosed completely false information, including reports from ESPN's Chris Mortensen, who reported that 11 of the 12 Patriots' balls were "significantly underinflated" by 2 psi, that gave the story life. Yet neither Mortensen nor the NFL made any effort to set the record straight and retract this baseless allegation that helped shape public opinion about Brady's alleged role.

Finally, Goodell's ethics must also be questioned. He allowed this story about nothing to tarnish the reputation of one of the league's greatest players of all time on trumped up charges in an allegedly "independent" report prepared by Ted Wells, which Judge Berman found prejudicial to Brady because Wells' firm was actually the NFL's retained counsel.
Timohuatl (SF)
Mr. Rhoden, I think you are missing the point. Yes, cheating is cheating, but that does not give authority figures the right to run roughshod over due process. If we live in a world in which employers or the government can dictate justice without constraint and due process, that's far worse than living in a world in which a football player commits a minor sin which is the equivalent of throwing a spitball. The commissioner's ruling was impartial, out of step with the law of the shop, highly personalized, and arbitrary. It was right to throw out the punishment.
Berman's ruling does not say that Brady shall go unpunished. The NFL is still free to go back and apply principles of due process to decide if and how Brady should be punished.
Lucian Roosevelt (Barcelona, Spain)
Constrast Roger Goodall's tone deaf leadership to that of David Stern and his successor Adam Silver. That latter two almost never came (or come) under heavy criticism for their decisions and had (have) a knack for pleasing players, fans and owners alike. From Ron Artest to Latrell Spreewell, expansion, one and done, rule changes, TV deals, Donald Sterling and female referees. Over more than three decades Stern and now Silver handled almost all of the big decisions correctly. Consequently, the NBA brand is rock solid.

On the other hand Goodell appears to be almost completely tone-deaf. Whether it's Ray Rice or Adrian Peterson or the massive concussion problem and now Tom Brady he almost always seems to get it wrong. The cumulative effect is that this gross mis-management damages the NFL brand. People start to see the game as too violent and lacking in integrity and (pay attention you bottom line oriented self interested owners) eyeballs (revenue) start to drift elsewhere.

Goodell needs to be replaced with someone who actually does not have a football background. A kind of NFL 'ombudsman' who acts more as a steward of the game.

I nominate Condoleeza Rice.
Rick in Iowa (Cedar Rapids)
Man, I wish I had this kind of representation in my work place. If I take more than five minutes in the John, fug get about it!
Kevin (NYC)
Have your little victory today, Patriots' apologists. But there is something you didn't get today, and you won't get from true NFL fans, that we happily give to fans of the Steelers of the 70s, the Bears of the 80s, and the Cowboys and 49ers of the 90s. You will never get us to agree that that the Patriots of the last ten years were honorable champions that should be included in the discussion of the greatest teams ever. Yeah, I know, due process, Goddell is unfair, blah, blah blah. Protest until your grave, but until you're an old man I will remind you of the facts: that prior to the 2015 AFC Championship game the Colts emailed the NFL concerned that the Patriots might be deflating footballs; that a Colts player intercepted a Brady pass and noticed the ball felt deflated, that 11/12 Patriots balls were measured as deflated; that a Patriots locker room attendant is on video prior to the game taking the Patriots balls after they were measured (which he had no business touching) into a bathroom for 2 mins; that this same attendant had been texting another Patriots employee joking with the nickname 'Deflator' and speaking of Tom Brady's demands; that Tom Brady texted one of them after the story hit asking if they were okay; and that Tom Brady refused to cooperate with to a narrow request for his texts.

And oh yeah, the Patriots previously were fined for stealing signs from opposing teams.

Yeah, sure, Tom Brady and the Patriots are great champions. Tell it to the judge.
John (US Virgin Islands)
Two things stand out - first, the NFL and Goodell in particular are fools for both appealing a weak case to reestablish precedent instead of waiting for a more winnable situation. By going to a Federal Appeals Court with a weak case both on process and on fact, they set themselves up for yet another crushing blow. Doubling down on a loser is inexcusable. Second, if they end up litigating the facts, they are going to get crushed yet again and it seems quite likely that an Appeals Court could open up the factual basis, as well as the procedure if it chose to. Again, the last thing in the world that the NFL should want is to have its fact finding process held up to further ridicule. Dragging this complete mess and total foolishness before a Federal Court of Appeals is such a stupid move that you have to question Goodell's ability to survive.
Mike Feeney (Magalas Fr.)
The take away for the owners of the NFL should be that Roger Goodell bungled this entire case from the beginning. He used cronies to investigate, cronies to write up the report and then based on a standard of evidence that would be laughed out of any court in the country "convicted and sentenced" Tom Brady. Football long ago became big business and not a little private club. Goodell needs to start playing by the real world rules of due process or better yet he should step aside and let a more competent, more credible figure step in and do what's needs to be done to reestablish the integrity of the NFL.
As to the bigger question of weather Tom Brady did or didn't, well we'll never know 100% for sure and that is thanks to Mr. Goodell. And for Mr. Brady that's a shame.
naive theorist (Chicago, IL)
"The decision did not address the more important issue of sportsmanship". that's not the more important issue (anyone who believes that professional athletes, or college athletes, don't 'cheat' or at least come as close to the invisible line that defines cheating, as necessary in order to win, is either incredibly naive or ignorant of the history of sports). moreover, that is not the decision the judge was asked (nor should have been asked) to make, so obviously it wasn't addressed in the ruling.
swlewis (south windsor, ct)
Brady 1 Goodell 0 - and Goodell, who is now 0-4 this year, is appealing and likely to go 0-5. Not sure where the Vegas line is on it, but Goodell is a born loser. It is understandable that fans of other teams that never win and don't have a hall of fame, 4 time Super Bowl champ QB, would be jealous and want to believe Brady was involved in a preposterous cheating scandal, when clearly he mops the floor with the best defense in the league in the Super Bowl when balls are under tight NFL control and would gain nothing from this. Ask the Seahawks. You mad bro? The Colts should be ashamed of themselves. No one likes sore losers. When their GM actually can build a truly competitive team, maybe he won't resort to cooking up a smear campaign against a team he can't beat with his inferior product.
Donna J (Atlanta)
Clearly the author of this piece did not review facts. There was no evidence that Mr. Brady tampered with the footballs. There was actually no scientifically based evidence that the balls were tampered with. This was a great big power play by Harabaugh of the Ravens who was mad he lost to the Patritos, the GM of the Colts who was also mad that they lost, executives in the NFL (former Jets executives) who are still mad that Bellichik left them for the Patriots, and Goodell who used Tom Brady - his name, legacy, and career- as a stepping stone to establishing some credibility for his job. Throw in ESPN who is essentially the PR machine for the NFL and lots of fake outrage ("the integrity of the game" from an organization that hires Chris Carter to advise rookies to have a fall guy who will serve time for you). This reporter should probably read the facts. But then again, he is probably just another angry Jets fan. Game of Thrones - NFL style!
hawk (New England)
Nonsense. It is obvious the writer never actually read the Wells report. In July the NFL announced it was changing its protocol and procedures for pre-game inspection of game balls. Two referees, not one. One official gauge, not two different ones supplied by the team. Marking each ball that has been inspected, and finally a written log with pressure readings. So in other words the "evidence" the NFL used to convict Brady they now admit was flawed. During that game, Colts personnel pointed the finger as their season was washing away, by gauging a ball on the sidelines. NFL rules clearly state no one other than an official is allowed to gauge a ball while the game is underway. What happened to that fine? This entire affair was a circus. Goodell should has foreseen yesterday's events months ago. His ego had gotten bruise, and this has become personal. The appeal will go nowhere.
REK (Asheville, NC)
Rhoden has been anti-Brady and anti-Patriots during this entire outrageous episode, although I have no idea why. Nevertheless, the fact that he gets to write columns for the nation's leading newspaper is also outrageous given the fact that he ignores evidence that he doesn't like, to wit, there was no evidence that the Patriots footballs were deflated nor any proof that Tom Bady had anything to do with what did or didn't happen. As has been stated in dozens of articles around the country, whatever the PSI of the footballs was during the game--we don't know--the weather provided the explanation and we don't even have to go into the confusion regarding which of two gauges were used.
Donovan (Verrill)
Brady has already answered the questions with consistent denials of any wrongdoing. What more do you want?
Brandon Ayre (Manchester, VT)
"If you ain't cheatin', you ain't trying..." That's the NFL. Of course Brady knew. Doesn't change the fact he's one of the absolute greats. That ball boy's gonna receive some very nice Thank You presents down the line, if he hasn't already.
Mark (Tucson, AZ)
I have been in all types of sports from the major college level (youngest head coach in the Big Ten Athletic Conference at age 25 in 1978) to professional sports as a consultant to a major league baseball team in the 1980's including a World Series championship team. It is laughable to state that Tom Brady would not know the condition of the footballs during the AFC Championship game! The New England Patriots have a long history of cheating and "deflategate" is just the latest saga.
Margaret (New York)
Really, there's an "Institute of Sports Law and Ethics" at Santa Clara University?? Well, thank goodness academic resources are devoted to the most important subject in America: Sports. Those Chinese & Indian students may whoop our students when it comes to math & science but they will NEVER NEVER NEVER know more about deflated footballs, steroids, the salary structure of overpaid athletes, etc. than us. USA! USA! USA!
Marvinsky (New York)
Basically, as a football player and a scientist, full ride in both, I say, almost verily. the ball's air pressure is the same for everyone handling it -- both teams, both passers. All receivers. Either get over the petty part, or see it sprout up everywhere.
Fred White (Baltimore)
What do Americans care about sportsmanship? All they care about is winning. We live in the nation of Donald Trump, not Grantland Rice.
Dick Seymour (Boston)
So you think the Wells report was more right than wrong when it said it was more probable than not that Brady was at least generally aware of something? That's a whole lot of maybe and probably to ding someone 4 games, don't you think?
jad (santa fe)
What a fatuous analysis of the situation. Indy tries to pull a Billy Martin/Pine Tar scam and all Rhoden can think to ask is, Did Brady do anything wrong? But that question is meaningless in this context. A sports ethics expert -- don't make me laugh. What we know is that the inflation is a matter of preference. What we don't know is what difference it makes to competition. It likely makes very little. The other thing we know is that it makes no difference whatsoever to the "integrity" of the game. The fact that the league started trying to regulate this aspect of the game in the first place is, of course, inexplicable.
George (what do you mean)
Give it up. This was never a big deal.
Joe Tinkelman (Silver Spring, MD)
I'm really surprised at Mr. Rhoden's wish to hear more from Tom Brady who has testified at length on these questions. And once again, what are these allegations upon which the league wished to suspend Brady for four games? Quoting from Mr. Rhoden: "that Brady at the very least had some cursory knowledge that air was being taken out of the footballs..." Even if this were true, it's an offense that deserves suspension from games? The league made no allegation that Brady directed the deflation; they don't even allege that the balls were deflated by the employees. The best we have from the NFL is that the deflation was "more probable than not." All this sturm and drang over THIS, Mr. Rhoden? And you still want more answers from Brady?
Steve (Phoenix, AZ)
This has been going on for years by punters and place kickers too. The NFL never bothered before. Now, after "deflategate" they have finally decided to implement new rules that two officials are designated “to conduct a pregame inspection to make sure all footballs meet the required specifications,” number all 24 balls, and take and record a PSI measurement of every ball. Their prior regimen was a joke and allowed what happened to happen, not that there was any competive advantage to it all in the game in question. Why pull a power play to punish for their own fault?
Blorf (North Carolina)
I thought the "independent" Wells report answered all the questions!
podmanic (wilmington, de)
When are you people going to read...just the FIRST page of the AEI report? You so want the Pats and Brady to be at fault you are conducting another Dreyfus Affair. https://www.aei.org/wp-content/uploads/2015/06/On-the-Wells-report.pdf
A. Moursund (Kensington, MD)
The heart of "deflategate" is the rule that footballs have to be inflated within a tightly defined limit, which is absurd if you think about it for more than 10 seconds.

Why not just let ALL quarterbacks determine how THEY like the footballs to feel? Brady might like them a bit underinflated, Aaron Rodgers might want them a bit overinflated. SO WHAT? As long as both teams are allowed the same privilege, what's the advantage to either? The current rule simply has no purpose other than being a rule, and whatever the reasoning behind the judge's ruling, I'm glad he overturned that ridiculous suspension. If Goodell wants something to do with his time, let him get serious about player injuries.

And BTW I write as a Ravens fan who rooted against the Patriots in every one of their postseason games.
morGan (NYC)
Hey Bill,
Give it a rest , wouldya!!!
Learn to be graceful in losing!
Turn your attention more about your favorites, Like Chemical Rodriguez or Isaiah Thomas.
NE_Fan (New England)
I'm pretty sure Brady has answered these questions but some people didn't like his answers. So here we are.

Anyone who followed the case remembers when the judge asked the NFL lawyer if there was any evidence AT ALL that Brady was involved (didn't get into whether anything ever did happen) and nash said NO. They wanted him guilty. That's it. That's all they've got.

Enjoy the draft pick. It cost them article 46.
Jimmy (Greenville, North Carolina)
Tom Brady is too important to sit out any games. This ruling is good for football. That is what matters.
Mac (Portland, OR)
Once again Rhoden has written a nasty opinion piece that recycles the inaccuracies and assumptions floated by the NFL, fed by a long running dislike of the Belichick-Brady. The real story here has always been how the the Ravens and Colts fed Mike Kensil's old Belichick hatred, and they all set Goodell on a crusade based on nothing but bias. Thanks to Judge Berman's questioning during the recent court case, that finally came to light.
Richard Marcley (Albany NY)
In a country, with an educated populace, most people would recognize the "professional" sports syndicates for the con game they have become!
Mike (NYC)
Why shouldn't the NFL, a private business, be able to run its business the way it wants without court interference? If you don't like the way your employer runs it's business or you disagree with its rules don't work there.
Justice Holmes (Charleston)
Apparently cheating and lying about are ok if you are a good foot ball player!
hobdy29 (renton,wa)
And continues to herd in the masses for the NFL to rake in the cash.
Patricia White (Covington, GA)
The Patriots cheated, Brady knew they cheated, and yet there is no punishment? Yet another reason why the NFL is a symptom of what's wrong with this country now.
bob (west islip)
Apparently Mr. Rhoden is still basing his view of what happened on the original erroneous reports from ESPN rather than available evidence and facts. There is no evidence, other than the laws of physics, that anything was done to the footballs. There is also no evidence that the balls were tampered with, not even in the "independent" Wells report. The quotes around independent are from Judge Berman's opinion. I realize that this is an opinion column but there are people who had the opinion the world was flat.
A (Bangkok)
Wrong: The biggest question is why the NFL does not provide the game balls itself, to prevent this fiasco from happening again.
Dick Diamond (Bay City, Oregon)
Professional football in America and football (Soccer) in the rest of the world is as "professional" as boxing or professional wrestling. I believe that the latter two are more professional because they and we know they are corrupt and they really don't try to hide it. Professional football and probably most of college football hides their perfidy.
Carl Hultberg (New Hampshire)
NFL football players are getting their brains traumatized and all they can worry about is the correct air pressure in the football?
Jazz (My Head)
It's been evident since "winning is everything" became America's mantra and ethos that both professional and Division One college sports has nothing to teach us or our children about character, ethics, and integrity. So I no longer expect it to. I just accept it for the billion dollar circus that it is to keep we American rabble entertained and living vicariously, in between playing the lottery, tweeting, and buying sports merchandise. Any expectation or pretense of it to be anything other than that with that much money at stake is futile.

And yet these are our children's role models? Really? To ask children to look to professional athletes for guidance or emulation in anything other than the technical aspects of playing their sport is doing those children a disservice. Certainly not life lessons or character. America's professional athletes are not worthy of that responsibility--certainly with some exceptions. Nor should they be. They're just highly paid circus performers. Modern day fire eaters and sword swallowers. Bread and circuses 2015 style.

We are Rome people, and Trump is running to be our Caesar. All we're missing are the togas.
Chuck Roast (98541)
I guess it is totally out of the question to consider that the ball-handlers just may have made an honest mistake?
tarryall (Denver)
His whole professional life centers around handling balls! C'mon, you know he knew.
jds966 (telluride, co)
"You will get no such apology from me" says this writer--as if anyone cares about his "it's the priciple" opinion OR wants him to apologize! JEEZ!
I am ecstatic that this bogus smoke screen created by Goodell (and the NFL top brass) has been revealed for what it is--pure distraction from the mant real problems facing the NFL.
And it's a BIG victory for labor over management! Goodell does NOT have the authority to hand out such punishments. However you feel about Brady's guilt or innocence (and this was decided before deflate-gate--fan or foe)--today's ruling is a big WIN for the men out there breaking their backs playing against the men in suits. GO BRADY!!!
pnstcharlie (wisconsin)
Brady said he didn't know anything about balls being deflated. Good enough for me. NFL had no proof he knew. Judge tosses decision and the "Golden Boy" is STILL Golden. ALL is well with the world!
Bruker (Boston)
Brady already answered the 'question' under oath.. I did not do it!!!
Its time to really put aside your biases and complain about another issue
hobdy29 (renton,wa)
He did not answer the question. With the timeline phone-text-messages to Brady from the 2 equipment handlers (and his return texts) before the NFL's AFC championship, him refusing to hand over his cell phone, and then later having somebody destroy the phone with the evidence, is quite damning.
David Gifford (New Jersey)
I hope your form of opinion as judgement will one day be used against you. To take an opinion and offer it up as fact is disgraceful in an of itself. There are absolutely no facts available to convict anyone of anything in this whole debacle let alone Brady. This type of sports writing is none other than an OpEd piece and belongs there not in the Sports section. We do not convict people on opinion except in the media that is. As one Conservative think tank recently reported, the rush to judgement had nothing to do with any facts. So stick to your unfounded opinions as you wish but the truth is the facts have exonerated Brady even though this case did not deal directly with those issues.
Les W (Hawaii)
Through all this I am wondering how many times we have to remind writers about the ideal gas law, about the fact that it was shown quite readily that the balls could lose pressure due to being inflated in a warm room and used in the cold, about the fact that different devices were used to measure the pressure... and on and on... But none of that sticks because its a better story to have an almost ideal person and great athlete revealed as a cheater. The real loss through this whole episode has been the loss of reason, replaced with inuendo, and "I just know he's a cheater." That's the sad part, and Rhoden has certainly done his part to declare the use of reason dead. And then of course there is the issue of scientific illiteracy..... don't get me started!
Yoandel (Boston, Mass.)
"I tend to think that the Wells report was more right than wrong... " But here is the rub, punishment cannot be fair with "more right than wrong." As you said so, "rules are rules" and accusations have to be proven --they cannot be "more right than wrong."

So, any report, an independent report, needed to establish what facts could be proven, and then mettle punishment according to that. Of course, the report could have admonished Brady for unproven behavior, even if likely, but Judge Berman did not, as we can see from his ruling, perceive the report to even try to be independent, impartial, and fair.
MEH (Ashland, OR)
How about a "good sportsmanship" clause in the players' contracts? Something also to the effect that no action by a player shall contravene fair play and the good of the game? And a similarly stringent clause in a team's franchise contract. Too bad that what 'rhoids did to baseball and doping did to bicycle racing ball deflation has done to football. The sport, the players, and fans, we all lose and are diminished by the cagey cheaters playing their little-man's games.
George Jackson (Arizona)
It is more likely than not, that NFL Vice President, Mike Kensil who was a former NY Jets VP, and Colts GM Ryan Grigson colluded and conspired to manipulate this whole thing. Kensil gave false reports to ESPN to gin up the hype, got email "heads-up" from Grigson, and took NO responsible action. Rather he falsified statements on who many footballs were measured below spec. He was I believe also "unavailable" to Brady's legal team. NFL-gate.
foodie (Tempe)
No, Tom does not have any more questions to answer. The process is the process. Yes, as a player, he is obligated to cooperate with an investigation, but he is not required to do the investigators' jobs or volunteer his personal property, no more than any other Union shop employee. The NFL does not have subpoena power (to my knowledge). This, as the judge stated, is the difference between law and ethics.

In the absence of evidence, the NFL's recourse should be restrained to the institution of controls to ensure this activity cannot happen in the future. The League and Player's Association should develop a transparent and predictable discipline matrix based on offense, which would make clear the consequences of cheating and other character and ethics/integrity offenses. Players and owners should receive training on the matrix and to reinforce the expectation of ethics, integrity and sportsmanship. And, finally, we should all get back to enjoying the game.

Bottom line, Brady is no saint (handsome and talented though he may be), but Goddell cannot be judge, jury and executioner even as it relates to ethics.
Richard (Los Angeles)
A competent commissioner would have said, "Well, we can't actually prove tampering, so let's head off any future issues by having all game balls managed by the referees, and just move on for the good of the league."

Instead, Goodell inexplicably chose the "nuclear option" and waged a destructive and ultimately losing war against one of his league's most successful and marketable players.

I would ask what Goodell was thinking, but like the Wells Report, that would assume facts not in evidence.
jerrymcm1970 (MA)
"I tend to think that the Wells report was more right than wrong when it concluded that it was “more probable than not”...

I might consider inferring from this that perhaps, or just maybe, you're not so sure anymore, are you?

About the only thing I believe in this piece is that you'll never apologize. That much at least, is certain.
Kevin Kearney (Austin, Texas)
If the narrow question of football inflation pressure is such a big deal to the NFL, have they changed any of the game day procedures so equipment managers can no longer duck into the bathroom with the approved game balls. I've not heard anything, but if it was such a major sin the procedures should have been changed long ago. The fact that they weren't says this has always been more about Brady and less about some concept of "sportsmanship"
Mike (Peterborough, NH)
In soccer, it is the duty and responsibility of the referee to ensure the ball is inflated to the right pressure. It is his or her duty to check before he places the ball in play to start the game. MLB umpires routinely sit with the game balls before the start of each game to ensure they are of the right standard. Had one of the referees from the game in question took the time to make sure the footballs were legal, none of this would have happened and the millions of wasted dollars and ridiculous amount of time spent on such a silly issue would never have happened. Learn from ones mistakes. Check the balls before the game and keep the game balls with an official until the game ends.
tony zito (Poughkeepsie, NY)
I don't see clogging up the courts with the "bigger question", if it is bigger, of cheating in a professional sport. Ruling on things like conditions of employment, interpretation of contracts, etc? Yes. Pressure of footballs? No. The judge's point appears to be, "Clean up your rules and enforcement code so this junk doesn't end up on the public docket." I'm for that.
michjas (Phoenix)
I doubt the folks deeply offended by Brady's actions know much about sports. There is cheating by drugs. there is cheating by altering equipment, there is cheating by doctoring balls, there is cheating by pretending to have been fouled or hit, there is cheating by purposely hurting an opponent, and there is cheating by stealing the other teams' signals. The consensus among players is that intentionally causing injury is, by far, the worst form of cheating. Doctoring balls, by contrast, like altering equipment, is a common form of deception that is considered part of the game if you get away with it but will cause self-righteous outrage if you get caught.
Drew (DC)
Just want to make sure I understand the theory you are advancing in supporting the Wells Report:
- Tom Brady was in a scheme to deflate footballs dating back to at least the 2013 season (as evidenced by the May 2014 email from McNally);
- at some point during the 2014 season, he had a crisis of conscience and decided to stop deflating footballs;
- with this new sense of need to abide by the rules, he felt compelled to share a copy of the rulebook with the referees to make sure they knew what the appropriate inflation levels were;
- he then lost his sense of propriety and decided to resume in a scheme of deflating footballs in time for the AFC Championship game.

Is that the theory you're advancing? It's the same one the NFL was advancing in federal court, and don't delude yourself into thinking that didn't make it easier for the judge to find procedural flaws in the NFL's case.
David C (San Ramon, CA)
The passage of time will out the truth. At some point those involved will come clean, whether for money or guilt. Does it make sense for the NFL to target Tom Brady, one of it's most beloved stars, with false allegations that would tarnish the league? What would be their motive, self hatred?
Paul (California)
Face it, Patriots fans, a ruling about the commissioner's authority does not make the cheating any less true. The asterisk after this last Super Bowl doesn't erase that easily, no matter how many times you recite that line about the "ideal gas law."
Peter Kelly (Palominas, Arizona)
Brady still has questions to answer?

Sorry, Mr. Rhoden, but the ultimate authority has ruled. The commissioner, shown once more to be inept in the role of league disciplinarian, goes out with a whimper - will appeal, but not ask for a stay of J. Berman's ruling. Of course not - what imbecile would think that Berman would stay his decision so that Brady's suspension would run its course before the Second Circuit was able to decide their appeal? Of course, Berman would deny any motion for a stay. Result: more egg on face of the League.

Better for NFL to answer question why they check balls before game, then return them to control of teams?

Peter Kelly
Palominas, Arizona
David (Manhattan)
For more than 30 years the NFL has been my sole outlet for sport fandom. No more. Beaten heads, beaten women, beaten children, beaten rules. Tell me, what part of this isn't completely disgusting?
Eric (Vancouver)
This judge is the first 'neutral' party to wade into this mess. And what did he find? That the NFL totally messed up. Goodall keeps saying this is all about integrity. To go after a player (any player) and issue severe punishment and not have conclusive evidence is wrong. To then deny them due process is even worse. How would you feel if your employer did this to you?
Turgid (Minneapolis)
Goodell thought he could suspend an employee to protect his "brand" but the joke is that the "brand" he is trying to "protect" is rife with thugs assaulting each other for big paypaychecks in full view of the public every weekend - which is ultimately why the judges keep ruling against him. You can't suspend a guy for hitting his wife or son when his job for your company is to hit a guy over and over again on the field every day.
Posa (Boston, MA)
Even if Brady was part of a scheme to deflate footballs, the appropriate penalty is a fine, not suspension. The later is the most drastic punishment reserved for illegal drugs, performance enhancers and domestic violence.

The NFL vastly overreached and lost in the Brady case. It's their stupidity and arrogance that was put on trial. And they lost.
Frank W Smith (Boston MA)
Lost in this article are the really troubling ethical issues that the NFL refuses to address. Issues like head injury. Issues like PED usage. Issues like the responsibility of a bunch of billionaires to past employees who have been seriously damaged by their role as gladiators working for said same billionaires.

The integrity of the game was as damaged by the deflation of footballs as baseball is by the use of pine tar. Interesting, but not existential.

The league and the commissioner can get all excited and self righteous about the integrity of the game. But addressing their fundamental responsibility to the people who work in their business is reduced to some good ole boy anecdotes of past glories and the free market.
Madbear (Fort Collins, CO)
Of course, a groundskeeper has never, ever watered down an infield against a fast running team.
Matt (Upstate NY)
It is hard to know at this point what to say to anyone who continues to insist that Brady had some knowledge about ball deflation. If you are not convinced by the simple point that the balls deflated to almost exactly the level or very close to the level (depending on the gauge) predicted by the Ideal Gas Law what would convince you? It's simply bewildering that someone with knowledge of the case would continue to cling to the claim that Brady was somehow involved. Nothing happened.

Still, this ruling, even it concerned the process rather than the underlying facts, is relevant. For it establishes that the NFL was repeatedly unfair and misleading in its prosecution of Brady. Why would they act this way? Surely if there was actual evidence against Brady the league would not have had to resort to trickery and misrepresentation. The fact that the NFL couldn't play fair itself shows, or at least strongly suggests, that they knew that there was no legitimate case against Brady.
Bob M. (University Heights, Ohio)
Bravo for Brady. This case is over. The judge did really rule on the bigger question by indicating that being generally aware is no where near Brady "knowing." The Wells report was lawyer weasel words. Shameful. The NFL is wasting millions of dollars on this case and the fans are paying the bill. "Kill all the lawyers" for the NFL.
thomas (Washington DC)
Some of the commenters obviously haven't followed the news on this very closely. First, the Wells report was demolished by physicists and expert statisticians and there is no proof that the balls were actually deflated to begin with. Second, Brady was under no obligation to turn his phone over... he turned over all the phone records requested and the NFL said that Brady was fully cooperative and that they didn't need the phone. Had he turned his phone over he would have established a first time precedent that the players union opposed... and nude pictures of his wife would have been all over the internet courtesy of a mysterious leak from the incompetently managed office of a certain NFL commissioner.
MMG (Michigan)
This is such a non-issue. Billionaires owning Goodell who "disciplines" multi-millionaires for $42 million a year. The NFL enterprise is despicable. For God's sake give 10% of everybody's income to something that makes the world a better place.
blp (Boston)
So Brady had a scheme to deflate balls one tenth of a PSI? And the NFL office that has been exposed as liars and butt hurt jets execs is to be believed? Makes perfect sense.
Phlegyas (New Hampshire)
Tom Brady swore under oath that he did nothing unfair, illegal, or against the rules with anybody or anything concerning the pressures in the footballs. That's apparently not good enough for Mr. Rhoden---but it is good enough for me. Humans either have integrity or they do not. I believe that Tom Brady has integrity and the judge's decision shows that the Goodell gang does not.
Gloria Ross (St. Louis)
Two longtime Patriot employees awoke on game day and decided to deflate footballs. Tom Brady knew nothing of this, so he deserves absolutely no sanction. Meanwhile, the two longtime Patriot employees were fired. Sounds about right to me.
loulor (Arlington, VA)
The owners' entire objective was to create the illusion of noble good guys trying to root out evil and to show that white guys, even superstars, are subject to the same discipline as black players.

So, they simply instructed the gofer Goodell to go forward with his sham probe, despite knowing the case against Brady -- particularly that bogus investigation -- had more holes in it than Swiss cheese.

Now the owners have cover. They can blame the judge, while claiming they did everything possible to punish this very bad man for his misdeeds. To that end, the owners were big winners Thursday.

And all that without a shred of legal evidence showing that Brady broke any rules or did anything wrong.
AO (JC NJ)
I suggest that other teams learn to compete and how to cheat themselves. The I don't know nuttin defense seems to work just fine.
Dale (Wisconsin)
Other than the question of how the NFL couldn't afford better or smarter attorneys, I'm wondering how Brady could not possibly have known the balls, even if he didn't order them deflated, weren't of the same pressure as others?

He's top of the league, with magic in his fingers. It's like watching a fishing pro feel the balance of a pole, the stringing of the line, and hook and bait on the end. They sense things the rest of us won't ever be able to, and that makes his denials seem very hollow.
Peter Anderson (Maine)
Well Mr. Rhoden, you go right ahead and choose to believe Goodell who is less credible than a wife beater in the eyes of a federal judge and who has been caught three time now trying to violate (cheat) federal law. Have fun on that side of that utterly corrupt side of the fence.

District attorneys get disbarred for withholding potentially exculpatory evidence as Goodell did. Why was it so important to Goodell not to give up the notes on the Wells Report that you choose to believe? Hmmm?
Brewster Burns (Hebron, Maine)
The NFL rulebook says that teams tampering with balls are subject to a $25,000 fine. Done. In a sport with rampant brain injury and drug use, it's interesting that the NFL chose to hang it's hat on the equivalent of popping a grape into your mouth in the supermarket without paying for it. Or speeding 27 in a 25. The history will be super clear on this: Never before has a multi-billion dollar industry spend more time and money on something so ridiculously negligible.

And by the way, let's make a rule that you can't comment on this unless you've handled footballs inflated to 10.5 and 12.5 psi. You people are talking about it like he was throwing nerf balls. The professional officials handled every ball for an entire half and had no clue.

Move on.
T. S-words (Brooklyn)
It is my sincere hope that the NFL will take measurements of game balls before, during, and after games, in all conditions, and make that information public. They should be able to recognize an anomaly. If the halftime pressure of the balls was not outside reasonable expectations (and this is plausable if not likely), none of this nonsense would have been necessary.
Sam D (Wayne, PA)
"You will get no such apology from me."

Do you really think anybody cares if you offer an apology or not? This sounds like a very, very important statement by a very, very important person.
Steve (CA)
A pox on all of their houses. It serves Goodell right for the imperious, inconsistent way he has handled player discipline and so many other issues. For the NFL, no need for any hearts to bleed for a league that for years covered up horrible damage to the health of players and that still condones the racist name of one of its teams. For Brady, it's clear that he and those employees tried to cover up what they knew about the deflated balls. And for the Patriots, it's very likely (not least but not only because of their league-low fumble rate) that they benefited in not just one game (in which the cheating might not have determined the outcome) but from an ongoing though undetected pattern of deflation that helped them win any number of games over any number of years.
Jason (Cambridge MA)
We already know that the Patriots are innocent. We have the PSI numbers from the Wells report. They are HIGHER that what we get from balls inflated to 12.5 PSI at 72 degrees, taken outside to 52 degrees, and gotten wet for 90 minutes.

If the Patriots had taken air out of the balls, they should have been LOWER.

What more evidence is needed?

Accusing the Patriots of deflating these balls when the pressure is higher than expected is like accusing somebody of stealing from a bank when the bank has more money than they are supposed to have. Its crazy.
Charles Reed (Hampton GA)
The ball effect the entire game and let remembers the other team does not practice with a under deflated ball. On the O'Reilly show they said they are going to try an contact the ball boys.

So we got ball boys who before a playoff game are taking it on themselves to yet take air out the balls all at the same level? So the rest of the NFL is suppose to act like this Alex Rodriguez of football did not cheat during the last 8yrs!
LA-renter (Los Angeles)
There is no real evidence (just concocted suspicions) that "cheating" happened. The suspicious text messages have nothing to do with the AFC championship game and were from many weeks to months before the AFC championship. The football that the Colts intercepted (and presented as underinflated to NFL officials) was measured (three times) between 11 and 12 psi, pretty much what was expected for a football in cold weather. So, the suspicion of the Colts was conjured from nothing.
The Liberaliser (Seattle)
Except you keep ignoring the fact the NFL didn't even prove that the footballs, with one exception, were even deflated beyond what normal cold weather use would do....when all of your smoke keeps producing nothing but thinner smoke, time to fine a new windmill to tilt at...
Meredith Hoppin (Williamstown, Mass.)
This is silly special pleading (and I speak as a Yankees and Patriots fan who retains childhood Giants fan warm feelings). Goodell has been a disaster overall. He got caught overreaching here, legally and ethically. Bad sportsmanship (assumed though not proven)? A fine last January would have taken care of that. Goodell has been playing other games. Pleeeeeasse. An attempt an "original take" does not excuse shoddy reasoning.
Paul Johnson (Helena, MT)
This piece hits the nail on the head -- the court's decision has nothing to do with the evidence that Brady cheated, including the wiping out of his cell phone records to eliminate incriminating evidence. A little surprising that so many media outlets focused on the simple fact that the decision constituted a reversal for the NFL's position, without pointing out that the judge did not rule on the sportsmanship issue of Brady's cheating. The outcome seems to be that cheating is OK in the NFL because the Commissioner and the League are without adequate authority to address it.
senor joven (cocha, bolivia)
isn't the NFL a free association of like minded individuals? how is this internal dispute a matter of public concern, at least legally?
Jarhead (Maryland)
"Shady Brady" will not escape the grasp of this crisis and his lack of integrity.

He can smile away for the cameras, but Americans see him for what he is. What he's been proven to be.

He's a cheater and a liar. I wouldn't be smiling coming out of court if I knew that truth, but it's OK, he's a celebrity empty-suit, be we all know, even if he doesn't.
Maizie's human Pez dispenser (Northampton)
See, here's an example of what character assassination can do: based on unproven facts, rumors, and mere assumptions, it gives someone the false basis or "right" to publicly condemn another person as a cheater and liar.
Benjamin (New York)
The fact remains that the "clearest" evidence of wrongdoing that Goodell and then Nash could point to was a text exchange from four months before the AFC Championship Game involving the Patriots having to deflate balls that had been inflated ABOVE THE LEGAL LIMIT by the NFL referees. I still don't understand how deflating balls to bring them within the legal range is evidence of deflating them--four months later--below that range.

Thankfully, Berman alluded to the irrelevance of the text messages--given their temporal disconnectedness to the game in question--in his background section. He wisely did not get into that overlooked fact or any of the other "evidence" in his analysis, as that would have exposed his decision to possible reversal. But how he framed the facts--in the background section as well as during oral argument--makes pretty clear how he would have ruled had he been able to answer the question Mr. Rhoden wants answered.

And, please, enough with the phone destruction. That's the biggest red herring in this entire process. Everyone forgets that Wells explicitly told Brady he didn't want nor need Brady's phone--and understandably so, as Wells already had every text he might need via Jastremski's and McNally's phones, which he did have.
pete (Piedmont Calif.)
If the NFL really cares about the rule about the air pressure in the footballs, they should write and (gasp) publish a procedure for measuring the pressures. It doesn;t have to be long or complicated, just a step by step what to do and how to do it. Ideally, both team's football(s) would be measured at the same time. If they want to publicize how committed they are to fairness, they could make the pressure measurement a ceremony, like the flipping of the coin. If they want to show how committed they are to the education of the youth of America, they could have the on-air announcers explain something about the ideal gas law. I doubt that any of these will happen, but if I were the commissioner, that is what I would do.
GCC (San Diego)
Rhoden like so many others seems happy to presume that "cheating" occurred, that the balls were in fact intentionally deflated. But even the Wells report admitted 'the data alone did not a basis . . . to determine with absolute certainly whether there was or was not tampering, as the analysis of that data is ultimately dependent on assumptions and information that is uncertain'. A fair paraphrase of this is "we don't know whether the balls were tampered with", but if one takes $3 million from a client to come up with an answer, you aren't very likely to give 'I don't know' for an answer. So instead you say something like "it is more probable than not".
I like Rhoden's work, but the fact is, if there was no tampering, there is no ethical dilemma here. Wells doesn't know if there was tampering, and neither do I, Goodell, Pash or Berman. And neither does Rhoden. He may believe it, but that's no basis at all to cast aspersions at other people's ethics. If Rhoden doesn't like this outcome, or doesn't like not knowing, well that's because the NFL bungled the investigation.
Newsdork (Birmingham, AL)
Brady said 50 separate times under oath he had nothing to do with ball deflation nor did he know of a plot to do so. Asked and answered and answered and answered and answered, Bill.
Ashok (San Jose, CA)
"We" have stopped playing sports in the world - just playing games....

Hide and Seek games - played by Lance Armstrong etc
Pump it up games - played by Barry Bond etc
Guess the Air Pressure games - played by Patriots (with / or without cooperation of Brady)
Catch me if you can games - played by Marion Jones etc

Sports no longer exist only games.... so lets just accept this and move on.
Mary Kay Klassen (Mountain Lake, Minnesota)
Anyone that believes that some judge, jury, or law settles what the truth issadly mistaken. With the human animal all deception is possible. Lying is the norm, so often the smoke renders the truth in most issues, and not the fire, and this one is no exception. Go play football, you high faluting quarterback, Tom Brady, and keep pretending just like OJ Simpson, that you don't have blood on your hands. End of subject!
Mike Edwards (Providence, RI)
Why is there no discussion of the return of the $1m. that the Patriots handed over to the NFL to settle the fine levied on the team for the actions the NFL attributed to Tom Brady?

Are we to conclude the Brady is innocent but the team is not?
Jim Forrester (Ann Arbor, MI)
Judge Berman did not throw out Goodell's decision by spitting hairs on an "imperfect process." He threw it out because the process was so imperfect it couldn't possibly be ethical, let alone legal.

As for the sportsmanship question, others have addressed claiming you caught a ball that you didn't and the like.

What Mr. Rhoden fails to note, is Mr. Brady is left having to prove he did not conspire to deflate footballs in order to make people like him happy.

Guilty until proven innocent? There are some societies with legal systems like that. Mr. Rhoden, would you like to live in one?
Keith (Boulder)
Every NFL/NBA/MLB fiasco like this reminds of an event I attended several years ago. While on assignment in Bangalore, India I took in a cricket game between Chennai and Bangalore. A fielder made a great break on a line drive ball and appeared to catch it while falling to the ground. He immediately jumped up and waved frankly to the umpire. As an American, my first thoughts were that he was either celebrating or possibly injured, but instead he was waving to inform the umpire that he did not catch the ball. The umpire nodded, the crowd applauded the effort and more importantly the player's honesty and the game continued. I became a fan that day.

"Cricket is a game that owes much of its unique appeal to the fact that it should be played not only within its Laws but also within the Spirit of the Game. Any action which is seen to abuse this Spirit causes injury to the game itself".
Brendan (Syracuse)
The referees touched the ball before every snap of Tom Brady's career. That should be the end of the discussion. But this has been a thrilling fake story: QB, ref, commish, reporter, and "independent" arbitrator all messed up. At least the judge got it right.
judgeroybean (ohio)
Very well said, Mr. Rhoden. I was the president of a labor union for many years and the worst of my duties was the obligation to defend members who were 100% guilty. Got quite a few off, just like the N.F.L.P.A. did today. Their co-workers knew of their guilt, but feigned happiness at the overturned disciplines, similar to how, I'm sure, Brady's teammates acted today. Regardless, the New England locker room knew what was going on with Brady. Other teams knew what was going on as well.
Justice will be served, one way or the other. Brady is in a fight with Father Time, looking for any advantage to stay in he game. But Father Time always bats last, and he's batting 1000. From here on out, the trajectory for Brady's career and legend will be on a steep decline. It won't end well; his 15 minutes are just about up.
John Chicago (Chicago)
pretty simple, really...

Balls were deliberately deflated. Brady knows it. Possibly orchestrated it. Can it be proven? It would appear not.

Anyone not blinded by their own fandom can see the truth of this.
Fred Bloggs (HI)
Well at least Robert K. Kraft had one thing right when saying that Brady “represents everything that is great about football and the N.F.L.” - in other words, absolutely nothing.
Steve Fankuchen (Oakland, CA)
The lede to the article says, "The decision did not address the more important issue of sportsmanship..."

Could somebody explain to me what sportsmanship has to do with hundred million dollar corporations and a multi-billion dollar cartel ?
James Currin (Stamford, CT)
When this story broke, I took the time to calculate the drop in prissure due to the temperature difference between the locker room and the playing field. As I remember it, this was something in the neighborhood of 2 psi, a figure commensurate with the alleged underinflation. Also, as has been repeatedly pointed out, the very decisive margin of the Patriots victory was achieved in the second half, when overinflation was not at issue. In short, Mr. Goodell has made a fool of himself, and one of the greatest quarterbacks of the past decade will be allowed to continue to play. What is there not to like?
EH (Portland, ME)
Okay - right and wrong are not the same as innocent or guilty. Morality is not legality. Point taken.

Even though Brady was found innocent, for valid jurisprudential reasons, it's still very possible that he broke the rules. Point taken.

But let's assume he DID knowingly under-inflate the balls. Why would that be wrong? You've just asserted that morality and legality are not the same thing!!
Or put differently: How wrong can it be to adjust football pressure to such a small degree that the officials don't notice? How wrong can it be to adjust football pressure if you know that other QBs are doing, and that the NFL has basically set a precedent of not enforcing that rule? You say "rules are rules," and "cheating is cheating" - which is of course tautologically true, but ethically naive. It's about as simplistic as saying that jay-walkers are criminals and everyone driving over the speed limit is an outlaw.

The whole melodrama is about as uninteresting as whether Tom Brady tucks in his jersey properly or not. Is it against the rules for him to leave it un-tucked? Sure. Is it wrong to do so? Who cares??
Jason Shapiro (Santa Fe)
Of all the electronic ink spilled over the past several months arguing every side of this dispute in excruciating detail, this essay is one of the worst, most pointless, and most unnecessary. At least Rhoden has been pretty clear about his biases from day one but this game is over Bill, pick up your laptop and go home.
Chris (NYC)
The Times and other media aren't talking about the only important issue in this case. Whether Brady knew or suspected, whether the Patriots are unsportsmanlike, blah, blah, blah.

None of that matters now. The thing that DOES matter is the ridiculous way footballs are supplied in NFL games. I know of no other sport where each team has its own private supply of balls (or pucks or whatever), and which one gets used depends on who's playing offense. In other sports, the refs provide the balls to both teams from the same supply, so it would be hard to tamper with them and it wouldn't do any good, because both teams would randomly get the tampered balls.

Fortunately, it didn't matter this time, because the Patriots blew away their opponent AFTER the balls were discovered. But someday it could decide a game (or a championship). The league has to design a system where the refs control the ball supply. The teams and players' association could decide which ball it is, and the supplier could rotate to be fair to all the ball manufacturers.

It's probably too late to do anything about it this year, but this is a scandal waiting to happen. The time to fix it is now.
CWM (Arizona)
You say that you owe no one an apology because guilt or innocence wasn't the purpose of the hearing. Yet, with essentially no reliable proof that any ball was tampered with (independent articles have provided sufficient evidence that the haphazard way the balls were measured makes determination basically guesswork) have determined Brady et al are complicit in a "crime" that as yet has not been found. Congratulations, I doubt we will be looking to you for a measured, honest opinion in the future.
Cookie (Ohio)
Right and wrong? Nah, we left that behind a long time ago. We are in Wrong is Right Territory now. We have a group of players who are rapidly devolving into undisciplined rabble, with a union - and I use that term loosely - which has largely become an agency which once every so many years tries to make the players seem like a bunch of abused Norma Raes (whose lowest-paid members make 10 times in a year what a schoolteacher makes) who all need absurd raises, and then on the off years morphs into its true self: advocates for spouse beaters, child abusers, drug-law flaunters, and a variety of actual killers of various ilk. Now we appear to have players who are actually cheating in matters affecting the playing of the games. OF COURSE the union is fine with that! The Commissioner is useless - this enterprise does not DESERVE a Bart Giamatti! The disgusting charnel house that is the NFL needs destruction ASAP.
john (nyc)
The case illustrates "the lengths we as a society will go to win"?
Come on, it's a football game. Do we really need to use this as an illustration on the depths to which we as a society have supposedly sunk to? Perhaps Brady knew, perhaps he did not. The fact is he will be quarterbacking the Patriots next week in their season opener. Let it go. It's only a game.
Maizie's human Pez dispenser (Northampton)
This Deflategate saga is yet another example of molehills built into Everests, with so-called moral posturing and bizarrely outsized expenditures to match. Here is exactly how much football psi matters in the face of things that actually do: nothing. Yet the bloviation factor has blown this up into a Nuremberg trial. And so easy to take sides and condemn, accuse, defend, as if this silly episode allows us to pretend this is an important matter of profound ethical dimension, while the bodies of little children wash up on beaches far away. We have no sense of proportion. We have no sense.
R Appleton (Massachusetts)
I have enjoyed reading William Rhoden's often interesting and insightful columns over the years. Unfortunately here he seems to be clinging to ignorance to further the proposition that this whole mess was based on some serious misdeed, even to the point of referring to "the weight of a football" rather than the air pressure. This newspaper long ago published reports that threw considerable doubt on the "science" behind the original accusations. Mr. Rhoden should do some fact checking before calling into question the ethics and sportsmanship of one of the greatest players in the history of the sport based on spurious accusation and a complete absence of evidence.
Phil (Brooklyn)
I wonder if that third pocket is where he hides his list of spells that deflate footballs, videotape opponents signals, and perfectly place him on a Details Magazine cover. Gosh, he's great.
Richard Rowe (Norman, OK)
The one thing I believe everyone is missing is that all but 1 of the Colts balls were under inflated as well and Andrew Luck didn't get suspended and the Colts didn't get fined or lose draft picks. Everyone keeps saying Brady cheated and won on a technicality how's that possible if the Colts apparently did the same thing.
Danielle (Martha's Vineyard)
Can we stop with the talk of sportsmanship in a game where men intentionally try to maim and injure each other as a regular course of action?
Meanwhile, the owners are fleecing taxpayers out of millions of dollars to finance their stadiums while those same people's cities are literally crumbling.
Diogenes had a better chance of finding an honest man than you are in finding sportsmanship in this sordid enterprise.
SAT (NH)
As long as Deflategate continues to act as the smoke screen of a supposed on-going effort to protect the 'integrity' of the league, Goodell, as a public puppet and voice/representative for the owners, will be more than happy to have the public focus on said effort, rather than on the tsunami of league culpability in the matter of concussions and their history of both knowledge and cover-up (much like the tobacco industry and cancer).
Mary S. (Mercer County)
I am done with the NFL.
MauiYankee (Maui)
INNOCENT
NOT GUILTY
EXONERATED

Judge Berman has made it clear that the Talented Mr. Brady had nothing to do with the under inflated balls. It is clear that the team equipment guys acted on their own. Never ever did the Talented Mr. Brady ever discuss the air pressure in his game balls. His phone records make that ABSOLUTELY clear.
Ellen (<br/>)
Madame Defarge comes to mind when I read most of these posts...and yes I love my Patriots.
David (Westchester)
Why The Times thinks 'sportsmanship' is "more important" than fundamental due process rights, like fair notice before any punishment, astounds me. Your priorities are messed up.
David (California)
Sportsmanship is the realm of holier than thou sports writers. It rarely appears on the field of play.
Sasha Golden (Holliston, Massachusetts)
And what evidence do you have as to what Brady did or did not know? That was a fundamental question in the judge's mind -- referring to the Wells Report as the ""independent" report" five times certainly suggests that he thought the NFL's claims specious.

The reason the judge didn't get to the question of facts is that he didn't have to. An arbitrator's findings of fact are normally not disturbed on appeal. The reason that judges hone in on procedural issues and evidentiary rules is that if due process is not given and if the accused is not provided access to the materials being entered into evidence against him, evidence does not get fairly tested for veracity and the finder of fact is deprived of all the information needed to come to a well-reasoned decision.

Goodell only compounded the error by refusing to refer the arbitration or the appeal to a truly neutral party. The reason you have neutral parties is to be sure that all evidence gets properly weighed and tested.

As an aside, if Brady thought he had an advantage with deflated footballs, wouldn't he have played WORSE in the second half of the Colts game, when the footballs were fully inflated? Oh, yeah -- that didn't happen because he's the best quarterback playing today.

One last note: Brady has been nothing but professional as his name and reputation have been dragged through the mud. As soon as Berman's order releasing the transcript came out, it became clear that the NFL was basically making stuff up.
Sam I Am (Windsor, CT)
Kudos for having the courage to file a report.

You're right that Berman ignored the underlying question, but what he determined was that in America, minimal standards of objectivity and fairness are necessary when an employer wants to punish an employee. Since the NFL didn't meet those minimum standards, it's decision was vacated.

This leaves the NFL at liberty to start anew, with an investigation (not prosecution) of the allegations and a neutral decision by an impartial factfinder and, if culpability is determined, the assessment of a penalty in line with what the employee was given prior notice of.

As a Patriots fan, I welcome such a process. Nay, I beg for it. If the NFL won't do it on its own, I beg Brady to bring a defamation lawsuit against the league in order to force a court to determine if this was ever more than a smear, a sting, a biased attempt to discredit a winner.

If you read Berman's opinion (and I hope you do rather than just leave that detail to your advisors like Ron Katz), you'll find Berman liberally adds in details in the form of testimony from the NFL witnesses that undercuts the claim that any tampering took place. Wells needed to conclude that the referee's recollection of which gauge he used was correct once and incorrect another time to come to a result that wasn't explained by the Ideal Gas Law. That makes no sense.

Again, kudos for writing today. Let's agree to withhold judgment unless and until a fair process determines something.
Jay (Massachusetts)
This column is ignorant blabber as we all knew that a court case appealing an arbitration ruling is NOT about the details of the case, but whether the arbitration process was fair and in compliance with the CBA.

Mr. Rhoden wants to rehash a question for which we will never know the answer. The NFL spent over $3 million on an investigation and could not definitively determine the answer. I tend to think Mr Brady knew, but there certainly is not anything more than circumstantial evidence.

Move on and write about something new and interesting...
Bobcat108 (Upstate NY)
I'm curious...Brady has made it clear he prefers footballs that are slightly underinflated. Aaron Rogers has made it clear that he likes his footballs overinflated, & over the legal limit if possible. So why is that okay?
Boomer (MA)
This is odd. The deflation of footballs is NOTHING compared to the abuse of management power attempted by Goddell. You'd think the normally crusading Rhoden would have his eye on the ball here. Too busy demanding apologias for Barry Bonds, I guess.
JamesT (NYC)
I'm no Patriots fan, yet it's clear to me that Judge Berman's carefully reasoned decision was the right one. I disagree with the premise of this article, that Brady has questions to answer: after a $3 million investigation, the best that the Wells report could do was that Brady probably was generally aware of ball deflation by others; the NFL conceded to Judge Berman that there was no direct evidence of Brady's complicity. Brady denied knowledge or involvement; so can we conclude that the author simply does not believe Brady?

For heaven's sake, can we move on to something important?
Hannacroix (Cambridge, MA)
Tom Brady is simply an uptight, driven dude who will practice & play more desperately as the clock ticks closer to midnight. The epitome of grace and balance, he ain't.

As far as under inflated footballs, sure it helps the QB . . . but, more importantly, it lessens the running backs rate of fumbles. And, indeed, the NE Patriots have the lowest rate of fumbles in the NFL --
a factor Coach Belichick appreciates and, I strongly suspect, supported the Patriot's propensity for under inflation.
Srini (Texas)
The fumble statistic you refer to has been debunked multiple times - please search for those articles.
Jeff (Evanston, IL)
I really have no interest in football. It is a sport we should probably do away with because of the injuries it causes. But as to Mr. Brady, whatever happened to the idea that a person is innocent until proven guilty. The evidence against Brady seems pretty flimsy to me. Yet, Mr. Goodall hands down a severe punishment. I'd hate to be in his courtroom if he were the judge.
EmpiricalWarrior (Goshen)
Guilty until proven innocent seems to be the attitude here. As others have pointed out there is no clear evidence establishing that the AFC Championship balls were under-inflated, even the Wells report acknowledges that (as cited in Judge Berman's finding). If you can't clearly establish the crime it is ludicrous to claim that Brady was "generally aware" of it.

There is another strange aspect to this case that has gone unremarked. Some of the email produced as incriminating evidence revolved around a mid season game when the Jets played at NE. The incident under discussion in those emails involved over-inflated (to 16 lbs!) balls provided by the referee. Brady complained (privately) that the balls were like bricks. He had a bad game but it didn't affect the outcome, the Patriots won anyway.

However, it did allow the lowly Jets to cover the spread. How nice for betting interests in NJ and elsewhere. If the NFL were serious about protecting the integrity of the game you would think they'd be taking a serious look at that incident instead of staging a preposterous show trial that would have made old Joe Stalin envious.
Lou (Norway, MI)
Really? It's. A. Game. Please get real. Deflate the whole thing and throw it like a frisbee. Who cares? Federal case. What a waste of tax dollars.
Alexis (Mesa, AZ)
Thank you! I wish more people had this attitude rather than the he said-she said that's been going on all year.
Steve N (Richmond VA)
PV=nRT. Prevailing evidence suggests it is more probably than not that there was no deflation. There was no crime.
sophia (bangor, maine)
No. He doesn't have to answer any of your questions. End of story. From what Aaron Rogers said, all quarterbacks have a preference and get it. If the NFL was so worried about the inflation of the balls why didn't they do it themselves and have only the refs handle the game balls? What a bunch of crock all of this has been. Brady did nothing wrong and yes, I'll be dancing in my living room next Thursday when Tom Brady takes the field.
E (Maryland)
Who cares anymore - part of America's sick obsession with millionaire athletes
Dan Bray (Orlando, FL and NYC)
A sad commentary on professional football.
Great Lakes State (Michigan)
Brady is a sociopath. Looking at the photograph of him with that smirk on his smug face is sickening. Reminds me of Lance Armstrong.
Bonnie (MD)
I don't consider Tom Brady a sociopath, rather a very, very privileged athlete who has benefited from a popular culture that pays far, far too much attention to people who have athletic skills. In other words, Brady and meany of his fellow NFL players are basically just big spoiled brats.
Herschel (Chicago, IL)
Research the meaning and significance of sociopath before you equate looking for an edge in professional sports (if that is even the case) with the actions of a sociopath.

(Care to psychoanalyze the photo of Goodell, which NYT dredged up from 2014 to match their conception of what his reaction to the decision might be?)
mixietop (Atlanta)
So I guess the main question isn't that someone can be "convicted" with a "probaly knew" or "probably told someone." If the rest of our system of laws operated that way there would be no difference between us and most dictatorships... oh, yeah the NFL.
oceansorcas (Delaware, OH)
This was a bogus and stupid attempt to take down Brady even tho there is no evidence that he had anything to do with football deflation or knew anything about it. Nothing, nada, zilch. There is no doubt that behind Goodell's ill-advised moves were many owners who are jealous of Pats success, and wanted to establish that cheating was one reason for that success. Justice was done today.
Fitzcaraldo (Portland)
Sportsmanship?

This is the NFL.

Where's sportsmanship fit in?
Plutonium57 (Massachusetts)
The column drips with desperate loyalty to a dead horse, Brady and the four-time Super Bowl champs as cheaters. Talk about a slim reed to hang all this on. The whole thing is unbelievably stupid and Goodell is a horrible leader.
jpolk (georgia)
As a team, the New England Patriots have been caught cheating twice in recent years. This has become an unapologetic rogue franchise. When its NFL owner crows about exoneration--which this is not, it's only procedural--he continues to be an enabler. It is time for Kraft to start holding someone accountable internally, perhaps the over-all staff supervisor of both players and peons, i.e. the coach, eh?
Bonnie (MD)
Why should Kraft hold anyone in his organization accountable? He's more than happy with the results of their continued quest to find an edge over their opponents.
West Coaster (California)
This column presupposes that changing the "legal" air pressure in NFL footballs is an offense worthy of punishment. I see no reason that each offensive team should not be able to set the air pressure to their preference. This entire issue has been blown out of proportion from Day 1.
David (California)
At most it's worth a 15 yd penalty.
ztoa (NY)
Let me answer for Brady, assuming you have an ounce of sense of logic :

About circumstancial evidence :

"deflator" can't possibly mean deflating footballs based on the logic that an explanation is unacceptable if it implies something highly impossible.
If "Deflator" means deflating footballs, it implies Pats had cheated for years, ON SOMETHING NO BODY CARED.
If so, how is it possible that million dollar investigation failed to find any hard evidence, not even a text message between Brady and McNally?
If so, how is it possible that McNally had to worry about not getting signed gifts from brady if he had helped brady cheat for years?

"needle" is another so called "evidence", Wells took it as McNally used it to deflating football below 12.5.
From where did he get conclusion "below 12.5"? "needle" was mentioned after game when ref overinflate balls to 16psi and how did McNally doctored the balls before he got the needle?
If you think the needle was broken in that game, the chance that it happened in THE game when ref overinflate balls to 16 is 1/16, like 6.25%

So even circumstancial evidence shows that more likely pats didn't doctored, as long as you have basic sense of logic and you are smarter than a fifth grader.
joewmaine (Maine)
Brady was not exonerated by Berman's ruling - but this is clearly the end of the story of this rather trivial "scandal." The NFL's appeal will be unsuccessful and so, the unknown facts will like remain unknown, unless someone starts talking.
If you apply all of the standards of proof to the facts we do know, I believe it all adds up to mere suspicion of wrongdoing by Brady, not that it was more likely than not that he conspired to violate NFL rules by deflating gameballs to below the required psi. If this infraction was in fact a crime, I think it unlikely that a prosecutor would pursue an indictment from a grand jury.
John Brady (Canterbury, CT.)
You ignore the chief culprit: NFL football is one of the few sports that doesn't have one set of balls shared by all. Which means each team has bought into the idea that they can somehow condition the balls in a way that will give then an edge up. It would be reasonable to assume that a team may violate the rules governing footballs either intentionally or unintentionally through overzealous "conditioning". And one would think that the NFL would have instructed the Refs to make sure everything is "kosher" just before kickoff but apparently they didn't or it wasn't considered an important enough rule to care much about (although they do now). It would be reasonable to assume that "cheating" was rampant or at ;least frequent in the NFL regarding balls and equipment and generally speaking was handled on a "now we know basis" and with small fines as punishment. Then what gives with this circus-like nonsensical focus on Tom Brady and the Patriots? Jealousy? Embarrassment at losing? Disbelief that one team could be so good for so long? Anger at the Patriots success? All of the above and more? But to focus on one person, or a few equipment guys? That's pretty parochial don't you think. But hey you gotta make a living and this subject give you and many others a chance to throw around words like law, ethical issues, cheat, apology: a veritable feast fit for a vulture. But the victim has decided to get up and bite.
Rudy Ludeke (Falmouth, MA)
Most post-court pundit discussions still insinuate that Tom Brady was most likely to have known that the balls were tampered with by Patriot staff, yet no evidence that Brady talked to the alleged culprits on the topic has been found, even though all phone records related to the issue had been acquired by the NFL. Of course, the staffers may have done so on their own, a nearly impossible job, yet suggested by the Wels as doable in the less than 100 secs the staffer spent in the bathroom (taking 12 balls out of the bag, insert a needle and carefully remove enough air so that nearly all ball remained just borderline underinflated? give me a break!).
Forgotten, intentionally it appears, is the explanation that physics can explain most of the deflation: forgotten and ignored is the Carnegie-Mellon University experiment by the spin-off HeadSmart Labs (http://www.headsmartlabs.com/), who found an average pressure drop of 1.82 psi from the temperature differential between indoors and a wet playing field at 50 F. Ignored is also the fact that different gauges were used for some of the measurements by the officials and that the Patriots' balls were measured on the field at halftime and the Colts' balls indoors toward the end of halftime.

This sloppy supervision by the officials and the fact that that science explains most of the deflation should have alerted Wells and Goodell that they were standing on very thin legal ice, but Patriot envy and anemosity seemed to have prevailed.
Patrick (Arlington, VA)
No, this does not answer whether he did it or not. But that was never really the point. Were the balls being deflated? Most likely. Did he know the balls were being deflated? Possibly, but there isn't any evidence to support that. Or at the very least no evidence that he knew they were deflating the balls in that specific game. Yet all of this is pretty tangential considering there isn't even hard evidence that the balls were deflated below the acceptable standard. However, other players have openly admitted to tampering with balls and have received no punishment. In this instance, when any potential tampering would have had no impact on the game, they decided to start enforcing the rule? Even when it's not actually clear the rule has been broken? Frankly, I think it's time for the Patriots to take it a step further and work to get their draft picks back.
Deborah Tinney (Sarasota, Florida)
Thanks Patrick. Your comment is clear and concise and you're right about the draft picks.
Chris Stegman (Acton, MA)
The much ballyhooed infraction was purely the creation of the league. When the league office leaked misinformation to the press a feeding frenzy ensued the purpose of which was to hoist the Patriots on the petard of the equally spurious "spygate" infraction. More misinformation would be leaked in the months following the initial allegation the cumulative effect of which created the impression of wrong doing without ever actually disclosing what the actual infraction was. Brady and the team both deserve apologies but instead have to hear sanctimonious commentary from writers like Rhoden who haven't examined the details of the case.
David C (Clinton, NJ)
"Brady and the team both deserve apologies but instead have to hear sanctimonious commentary from writers like Rhoden who haven't examined the details of the case."

I don't think it's fair to say that Rhoden hasn't examined the details - how would you know? Instead, I think it's absolutely fair to say Rhoden chooses to ignore the details of the case as do most of the commenters on the article.

I agree that the Pats and Brady are due some apologies, but don't hold your breath.
John (Ann Arbor)
Exoneration is in the eye of the beholder, I suppose. What turned me was the fact that the League did not have evidence that any balls had been tampered with. After the initial incorrect report by ESPN was debunked we learned only one ball, not "eleven" was significantly under inflated, and the remainder were in the same range as the few Colts' balls that were tested. So just where was the rules violation, exactly? No wonder the court was dubious.
Rosemarie Barker (Calgary, AB)
JOHN:
In this situation, "Exoneration was always in the eyes of the readers." The readers who read the NFL investigation which was a doctored witch hunt, and reviewed the scientific test reports that provided analysis of hot/cold air temperatures and the fluctuation of football PSI - couple this with the integrity and stellar sportsmanship of Tom Brady: The conclusion was a no brainer.
virginia Kaufmann (Harborside ME)
I am surprised that the writer did not discuss another unresolved issue in the "deflate gate" affair. If deflating footballs is considered by some to be such an unethical action why doesn't the NFL take the simple, logical step of changing the practice of each team providing its own balls. By allowing it, they seem almost to be asking, or at least opening the door, for them to be tampered with. It would be such an easy fix. Perhaps there is a simple answer why they do not - but it has not been part of the endless discussion about this event.
Tim R (Cambridge)
The facts of this inanity should start and end here: the air pressure of the footballs was never written down at the before the game and two gauges were used to measure the air pressure of the balls. There's no information reliable enough in this affair to draw a conclusion from.
DougP (West Coast)
Reading these comments I am sensing that people are exhausted by this scandal and some are (willfully or not) misinterpreting what the judge's decision means. The author got it right; Brady and the Pats still have much to answer for. They still are under punishment and for good reason. Based on solid evidence (the text messages alone are incredibly obvious unless you actually believe 'deflator' meant weight loss) this organization and Brady are very far from cleared.
DaveB (Boston MA)
If the charge were bank robbery and the subsequent investigation indicated that no money had been taken, would there have been an indictment or arrest? Of course not.

Ergo, if the PSI of the balls in question were within what science and real world experience indicates they should be, given the temps in the stadium, there is no crime. Period. End of story. Go home. Fire Goodell.
Missie (Sudbury MA)
Totally agree! Never mind that the NFL documented equipment tampering as a misdemeanor and then made it a federal offense because it was the Patriots. But they intentionally leaked misinformation about 11 balls being 2 PSI under inflated. Complete fabrication. At the same time stating all Colt balls were in regulation. Wrong. 3 of 4 balls weren't. I just love that they "ran out of time" to meassure all of the Colt footballs seeing as how big a deal it is now - "integrity of the game". The injustice and collaborative efforts to disparage this player are what has Patriot fans outraged. Anyone outside of New England should be concerned with the mispower, the misuse of dollars and complete lack of leadership in the NFL organization. They need some serious change.
Paul Rosengare (New York, NY)
The core of the issue is that there is no hard evidence to connect Brady with the alleged deflation of footballs (If one believes in science, i.e. the Ideal Gas Laws, then there was no artificial deflation). We have a word for that in this country: Innocent.
srwdm (Boston)
Correct.

The question remains regarding Brady's guilt or complicity in the deflation and impairment of the footballs (it IS called "football" isn't it?).

That is what the public, the players, the "league", need to know.

And I must say, the suspicion is extremely high.
Michael (Stockholm)
Why is the suspicion extremely high? Brady has already testified under oath that he is completely innocent of all charges. Is that enough?
American (Near You)
Every time I see Brady's smug smile, I want to throw up. He is a guy with apparently incredible talent who is filthy rich, who doesn't need to cheat but does anyway, and laughs at all the suckers who are his fans. And Goodell is a feckless filthy rich guy who is completely feckless, yet for some reason in charge of the NFL. I stopped watching pro football years ago. Now more reason than ever.
Rosemarie Barker (Calgary, AB)
Haters will always hate: Strange that although you claim no interest in pro football - but you still write dirt and write 'comments' on sports. Shake it off.
Steve Fankuchen (Oakland, CA)
The lede to the article says, "The decision did not address the more important issue of sportsmanship..."

What in the world does sportsmanship have to do with hundred million dollar corporations and a multi-billion dollar cartel?
PeteBart (Naples, FL)
At every phase of this satire, initial claims/charges/suspicions have proven to be overblown, misconstrued and slanted by the NFL. The big unreported story is the rush to judgment by professional journalists who bought into unsubstantiated claims lock, stock and barrel. No we don't expect any mea culpas from you. Why should anything change now?
Will Bowen (Virginia)
Good point. All the media, sports and otherwise, kept this nonsense going beyond any journalistic ethical standard. Since yesterday the same group can't bring themselves to concede that perhaps Mr. Brady did nothing at all. Never widely reported, however, is that the NFL sampled footballs from all teams and found an average of l.6 psi difference in the samples, even after they warned the teams the NFL would be coming around. No crime, no conspiracy, no guilt. Let it go.
Daydreamer (Philly)
The more important questions to me are these: 1) Did the Colts also have the ability to deflate balls in the Championship game? If not, did the Patriots control all the balls? If so, how could they know which they would use and which the Colts would use? Did the Colts also use deflated balls? Why are the teams allowed to have the balls in the first place: shouldn't the refs control the balls? And finally, did it really matter if the Patriots deflated the balls? In other words, is this much ado about nothing?
djohnwick (orygun)
Like Hillary Clinton's continual truth spinning, or the current Administrations use of government offices and laws to further their own political ends, we seem to be developing a new level of when right crosses to wrong. For me, this is a new low. Brady and the Patriots cheated, but for some reason it doesn't seem to matter as we come up with cute, alternate ways of explaining what really is happening. Pathetic. I bet old Richard Nixon wishes he lived in these modern times.
chris (san diego)
A true sportsman would have respected the game and taken the medicine. Solipsism wins again.
wahoooo (sandpoint, ID.)
An NFL Dreyfus?
Tim Murphy (Dublin Ireland)
I'm sorry but where is there any proof that the footballs in question were tampered with? God help me, but I have read the wells report twice, I have read the entire appeal transcript and reams of other documentation and nowhere is there any direct proof that an actual tampering occurred. So what is it Tom Brady needs to do now? Prove a negative? That's impossible. No proof of tampering equals nothing left to prove. Move along folks nothing to see here but an embarrassing waste of time and money named Goodell.
sav (Providence)
The balls were found to be at 11 pounds where they should have been roughly 13 pounds. One of the locker room attendants was filmed taking some of the balls into a toilet cubicle for 1 minute 40 seconds. The inference is that he deflated the balls in there and did so under something in between Brady's orders and his silent compliance.

Berman did not decide whether there had been any ball tampering. His judgement was limited to reversing procedural mistakes by Goodell.
remingr (New York)
What does Tom Brady need to do now? Turn over the cellphone and stop lying.
Michael Ryan (Toronto)
Well said!
Doolin66 (Rhode Island)
Goodell lied when he said the NFL was not aware of the Ray Rice tape. The NFL lied when they leaked the info that all the Patriot's footballs were 2 lbs under the legal limit. Goodell lied when he said the Wells Report was independent knowing Jeffrey Pash, the NFL's attorney, edited the Report. Goodell lied when he said Brady was involved in a conspiracy to deflate footballs when the Wells Report said no such thing. Goodell lied when he said Brady paid the locker room attendants to deflate footballs.

Brady testified under oath that he was innocent of all charges. Who do you believe, Goodell or Brady?

Since when can a serial liar be trusted with protecting the integrity of the game?
Tullymd (Bloomington, Vt)
Cheating is intrinsic to American society and must be defended. The interests of big business, Wall Street, and the professions depends on this. Don't rock the boat.
Michael (Upstate)
Rubbish.

Brady owes no one any more "answers" about something that the facts, science, the records, testimony, and even admissions from the NFL and a few select NFL teams clearly show has been without merit or substance. I realize that such a position does not sell newspapers in Gotham , Baltimore, or Indianaopolis.

But answers are certainly warranted from those who've propelled this witch hunt to pander to the mobs of haters, resentful fan bases of losing teams, and various places with regional inferiority complexes. There's another term for what happened: character assassination. I'd really like to hear those people come clean about THAT.

Methinks Tom Brady will do his talking on the field. Whether or not that's OK with someone writing for the Times is of little consequence. I will admit that a part of me hopes it gets their knickers ever more wadded up as the season progresses. It might be some compensation for those of us who have been inflicted with the the kind of mean-spirited, vile drivel that's been spewing out of the sporte desks since January.
cfb cfb (excramento)
I wish that writers would read and evaluate some of the available information other than what ESPN blasted out in error in January.

The ideal gas law fully explained the .4lb loss in 11 of the 12 balls. A Sacramento area 4th grader tested it by putting room temperature balls in a refrigerator set to the game time temp. The balls dropped to the same level that the Pats balls were measured at.

The 12th ball was in the Colts possession for 10 minutes before they turned it over to the league. It was 2lbs below. One of them let the air out.

ESPN did a Sports Science clip on deflategate. Its on their web site and youtube. It showed that the 'grip improvement' was about 1mm or 1.5%. I believe they used the word 'minuscule'. They stated that there was no advantage to it.

I've heard dozens of current and former QB's say they liked the balls one way or the other, and only one said they thought there would be an advantage to a lower pressure. Eli Manning. Aaron Rogers likes his overinflated by 2lbs. So much for that theory.

For sportsmanship to be violated, you have to actually have a measurable advantage by doing something with intent. Actual science says that neither of those hurdles was jumped.

It'll be interesting this year when they'll measure all balls at the beginning and at halftime. I think Brady's exoneration will be complete when they measure some balls in Minnesota, Buffalo or Green Bay in December and they're the same as the Pat's balls were.
Rudy Ludeke (Falmouth, MA)
A fourth grader's experiment, no matter how well done, will not convince anyone that the gas law can explain much of the deflation. However, here is a link to a careful study by a Carnegie-Mellon University spin off in Pittsburgh: http://www.headsmartlabs.com/ who find an average 1.82 psi drop in pressure from room temperature (they assume 75 F for the equipment room) and the wet field temperature of 50 F.
I can further make the comment that if the intend of the staff was to increase the pressure drop even more, they could have turned the room temperature to 80 F and waited to inflate the balls to the lowest allowed temperature just prior taking them to the officials for measurement (inflating the ball converts some of the energy used in inflation to heat the air inside the balls (as many of us know from experience in pumping up our bicycle tires and feeling the warmth on the pump). However, the staff may not realize this to be a possible foil to circumvent the rules. Also not considered in the HeadSmart lab simulation is the effect of wind on the wet ball (more evaporation and consequent additional cooling), nor the ball's prevailing contact with the surface, which mostly was considerable cooler that the 50 F air temperature (it was freezing earlier in the day before the warm front and rain moved in at the start of the game.
J Smith (Chicago)
Well written and documented. Good all needs to go, talk about egos. Tom has earned his, Good all is a power monger out to show who is the boss. If a 5th grader can explain and prove air loss in cold weather maybe Good all belongs on Are you smarter than a 5th grader.
Mayngram (Monterey, CA)
Both Brady and Goodell have over-inflated egos and under-inflated morals.

Sportsmanship? Fair play? Honesty? Integrity?

These concepts are all foreign in today's NFL.

Then a judge steps in, only to demonstrate that the same is true for the legal profession. It's all about form and none about substance.

The best outcome would have been to leave Brady's suspension -- and give Goodell a matching one. After the ruling, Berman deserves one too.
NTSchmitz (Woodinville, WA)
I hate this. There is more than enough evidence that some cheating was going on. Just as the captain is responsible for his ship, the quarterback is responsible as the leader for his team. His hands were on the footballs played. He knew how were deflated to his tactile liking.

Even though he was not the only person complicit in this, he was cheating.

WAY too often, cheaters can get away with shenanigans because most of the time they are not caught or challenged. The rest of the time, they profit from their actions. Hence, they can afford to defend themselves with labyrinthine defenses that the rest of us cannot afford.

The lesson is unfortunately that cheating works.

Are you listening, Donald?
David (Boston,MA)
So you've not bothered reading any of the science that clearly states nothing wrong was done. Or paid any attention to the underhanded actions of the League office. A little more awareness, and a little less blind hatred would serve you well.

Oh, and maybe a better coach and QB.
richard ogilby (California usa)
Yo NT What are you talking about? Your imaginations don't count as evidence.
Just because you think it, doesn't make it true.
Anon (NJ)
This is tiring. The balls were found to be 'under-inflated' at half time and were promptly inflated to 'regulation' air pressure. Tom Brady had a much better second half in that game than he did in the first half. How were the supposedly under-inflated balls such an advantage in the first half when NE trailed in the game? If he had 'cheated' as you allege, and deflated the balls before the game, then why did he perform so poorly in the first half?
Clair Bright (San Francisco)
As reported by the NYT, "in dozens of studio emails unearthed by hackers, Sony executives, the director, Peter Landesman, and representatives of Will Smith discussed how to avoid antagonizing the N.F.L. by altering the script and marketing the film "Concussion" more as a whistle-blower story, rather than a condemnation of football or the league."

And we are worried about deflated footballs? The NFL is a soulless venture run by crude and callous crooks from the top down. Mr. Goodell would be wise to save the NFL legal budget (and maybe hire some real lawyers next time as opposed to the buffoons who proved no match for either Tom Brady's attorneys - or the law for that matter) and prepare himself for what one can only hope will be a day of reckoning for the NFL vs the families of football players whose brawn AND brains were and continue to be shamelessly sacrificed for Monday Night Football rating.
Chicago Guy (Chicago, Il)
Only one person knows for sure if Brady is lying - and that's Brady.

So, none of us will really ever know what the truth is, but, from all I've seen and read, my gut tells me he's lying through his teeth.

The strongest evidence I can suggest, is that he works for a known cheater, Bill Belichick. And the truth of that is not in question.
Jan Maxwell (Virginia)
You're wrong, Chicago Guy. Two other people know if Brady was cheating - the equipment guys. Where are they??? Why has no one heard from them? Don't you think they would have been paraded around by the Patriots if they had good things to say about this matter? I hope that one day they are put under oath so we can finally find the truth about what happened.
Michael (Stockholm)
The strongest evidence must certainly be that he testified under oath that he is innocent of all the charges.
richard ogilby (California usa)
Gut feeling as evidence?I feel you are of insufficient brains to figure this out.Is that proof?
okctipp (Atlanta, GA)
As a Patriot fan, I'm really tired of the anti-Patriot agenda of the media. I get it. People are jealous of the Patriots. They have a gruff head coach, a movie star QB and a team that wins too much. They're going to be a target.

But can't we celebrate greatness? Why are we always looking to tear Number 1 down? Do we always have to be jealous of someone who does better than us? This was such a small issue that the NFL blew way out of proportion. The NFL never seemed to care about ball inflation before and never enforced the violation. The violation itself is only a 25,000 fine.

I think for any other team, the NFL would have issued the fine and been done with it. But that wasn't the intent here. The intent appears to have been to conduct a sting operation with the intention of humiliating the Patriots. Every QB messes with football inflation and Aaron Rodgers admitted on the record he likes his balls over-inflated. This was always a gamesmanship issue until the Patriots were involved. I think there are one set of standards for 31 teams in the NFL and a different set of standards for the Patriots.
LAS (FL)
Yep, the Patriots have had a number of great seasons. They've also had a number of cheating scandals. From snow plows to signal stealing to deflategate. Would the Patriots still have won as many games without cheating? Maybe, but we'll never know, will we?
David (Boston,MA)
Please stop the libel. You imply that the balls were underinflated, therefore you keep promoting the NFL head office's "Great Lie". Physics, in the form of the Ideal Gas Law, makes clear from the limited data available that the balls were very likely at the low end of the legal range (12.5psi) when they were originally pumped, and subsequently approved by the refs. The physics of the gas cooling and lowering the pressure is very clear, and a natural event, which has occurred during thousands of games.

The horrible lack of understanding of physics, and the need for the League to maintain their attempts at "parity" have set the groundwork for one of the most absurd, and frankly disgusting, events in sports history. May I remind you that the Pats scored MORE points in the second half of the game, after the ball pressures were raised? There was no competitive advantage (as Judge Berman noted) to the lower pressure!

Physics doesn't lie. People do. People with an agenda. People who modify reports in their favor. People who arbitrate their own decisions. People who are so blindly corrupt that fortunately they're pretty bad at setting traps.

Stop. Read about what really happened. Then issue an apology to a harmed man, who happens to be among the best to ever play the game. Otherwise you're simply complicit with this lie.
Charlie B (USA)
When you're in a hole, Mr. Rhoden, stop digging.

The "more likely than not" standard, used to destroy a man's reputation without evidence, is an ethical monstrosity.

Today's weather forecast called for a 60% chance of rain. I was out all day, and the sun was shining. But that fact woudn't matter in your ethical world, which says it was more likely than not that I got rained on. Sorry, sir, but I'm not the one who's all wet.
Ben (LA)
I expect better of you, Mr. Rhoden. It was your very newspaper that ran an op-ed from researchers at the AEI that thoroughly debunked whether any deflation had even happened. They concluded it was more likely than not it hadn't and exposed the "science" used to suggest it had was as at best wrong and at worst duplicitous in its findings. The question of whether he did it or not all comes from the original and erroneous Chris Mortenson report on ESPN about 11 of 12 balls two pounds under and the debunked "science" for hire contained in the "independent" Wells report which Judge Berman crushed as clearly not independent. If the ball boys were deflating the balls, how come the balls in the Jets game were so over inflated? You are too sharp a mind to take the conclusions of a discredited report, acknowledge they are discredited but turn around and wonder if they're true. Espcially when your own paper has conclusively answered that question. Makes me question what you're really getting at here, because it is clearly not the truth of the matter.
Bob (Ocean Grove, NJ)
I agree that is ruling does not get to the heart of the issue. Did Tom Brady cheat...and if so, how should he be punished? Football is a game, a very expensive one and it should be the role model for fair play. This action by Tom Brady and the courts decision just opens the door wider that if you are a good looking, rich sports star with an expensive lawyer...you get special treatment and are above the law. This just encourages all of the Wynton Marsalis' of the world to keep on sexually abusing women, etc..etc...etc... "If you are a sports star, you are above the law and do not have to play fair". Plenty of sports figures do ...but in this case I think it is extremely doubtful that Tom Brady was playing fair...and he is currently gloating about the power he has. To hell with honesty and fair play. Not good for the sport, not good for the message this sends to youth and people in general.
Shame on you Tom Brady.
David (Boston,MA)
The "shame" is that blind jealousy trumps ability. Ignorance rules. Very sad...
Tom (New England)
Yes, Mr. Rhoden, there will be no apology from you because it would be an admission that you, too, succumbed to an unethical rush to judgement based on unsubstantiated and untrue rumors that 15 minutes of research and thought by any competent high school science student could have told you were utter nonsense.

There is a reason why Judge Berman placed "independent" in quotes with reference to the Wells report and a reason why the ball deflation scheme was repeatedly preceded by "alleged". The man is not stupid, unlike the NFL front office. owners, and losing coaches. He IS independent, unlike the NFL front office, owners, and losing coaches.

Look in the mirror first before alleging ethical breaches.
Aaron (Ladera Ranch, CA)
From day one all he had to say, "Yes, I told my staff I like a softer ball, it's a better grip." End of story- and nobody would have questioned a thing.

The media attention over this quasi scandal is so preposterous I have no idea what to believe or think anymore. I feel as though I lapse into a "Manchurian Candidate" moment every time I hear the term "deflate-gate"! What happens to me after that is anybody's guess.

I will say this- I think the NFL is worse than OPEC, they are not patriotic Americans. In fact, they are a barf bag mesh of plutocracy, elitism and collusion. They herd, corral and shear their fans like a bunch of sheep and we are stupid enough to return every season for more- God I love football!
Chris (Nantucket)
Another article from the New York home of the NFL "not apologizing" for a presumption of guilt. This was a smear job job start to (almost) finish. Should we also presume Brady oversaw the deflation of the Colt's footballs as well? If you were paying attention to Berman's review, every time the "facts" prompting the accusations came up tangentially to the focus on the arbitration procedures, the judge was incredulous that this was a case. I especially like the derisive comments regarding fan loyalty in New England. Umm.. One of the greatest athletes ever to perform in that position has been nationally tarred and feathered, his legacy possibly in tatters, from gossip, innuendo, and hatred, and oh, a complete lack of substance and evidence. So, yeah, we figured we should get Brady's back in this thing. Now, can we play football?
kevin (Rhode Island)
Keep on hating Roden but you don't play 15 years in this league and win 4 titles because you're a cheater. I'm looking forward to #5
Abbott Hall (Westfield, NJ)
Like most of your articles, this should be on the OP-ED page, not the sports page. I expect more of the NYT and its editorial staff
TBBAC50 (Indianapolis, IN)
This is in the New York Times!?! Brady has already answered. There was no evidence he knew or even if the balls had been tampered with. Did Mr. Rhoden read the Wells Report, much less look at evidence submitted in behalf of Mr. Brady.
Rajiv (Palo Alto, CA)
While Judge Berman is only ruling on the unfairness of the process and penalty, one can reasonably infer that if the NFL had a neutral, fact-finding, data-driven process, Brady and the Patriots would have been exonerated.
abo (Paris)
"But rules are rules, sportsmanship is sportsmanship, and cheating is cheating."

Cheating is not binary but a continuum. Pretending to be hit by a pitcher's throw and taking first base is cheating. A pitcher putting tar on a ball is cheating. Using a illegal kind of bat is cheating. Using steroids is cheating. All these are cheating, but they are not cheating of the same degree, if indeed they can even be ordered as to their wrongness. This is really basic stuff, and any discussion which simply tars Brady as a cheater without asking the severity of his cheating has missed the point.
Dick Reddy (Fredonia, NY)
It is indeed sad that an otherwise respected sports journalist would continue to so badly ignore the evidence--or, more accurately, lack of evidence--about the inflation levels of the footballs used by both teams in that playoff game. There is no reliable evidence of any tampering.
Alan (Los Angeles)
The texts of the two equipment guys, and the fact that Brady suddenly engaged in massive texting with the equipment guy after the scandal erupted, makes it clear to any thinking human that Brady knew about the deflation. Certainly easily beats the required threshold of "more probable than not."
tom (bpston)
"Respected" By whom?
Rhena (Great Lakes)
There is no such thing as sportsmanship anymore. And that is the very sad truth.
Jon P (Boston, MA)
Rhena,

The good old days, as you imagine them, never existed.

In professional sports, there has never been such a thing as sportsmanship. There has only been winning or losing. Football is a game we use as a proxy for far worse violence and mayhem.

At least on occasion in our legal system, we can experience fairness. And even that's a tall order for us flawed humans.
magicisnotreal (earth)
So Brady gets off for the moment because Goodell didn't tell him what he already knew. hmph.
I wonder if on the appeal Goodell or his lawyers will ask that judge to subpoena the text messages that were on that destroyed phone from Brady's phone company?
hawk (New England)
Both phones were owned by the Patriots and were turned over to the NFL in the first few days. Which is where Wells got copies of text communications between Jastremski and Brady. TB never communicated with "the deflator" as evidence by "the deflator's" phone. I'm guessing you didn't read the Wells report.
DaveB (Boston MA)
This is the most inflammatory demagogic comment I've read today about this story. "Because Goodell didn't tell him what he already new..."

That is so dishonest you should be ashamed of yourself. You'd make Senator McCarthy proud. How about this, as a truer take on the situation: Brady was not informed that there was a penalty involved if he didn't cooperate. And Wells stated in his own report that Brady *was*cooperative. Brady was *not* told that failing to turn over his phone would result in a suspension.

For you to spin this as "Goodell didn't tell him what he already knew" is the height of dishonesty. shame on you.
Frank Correnti (Pittsburgh)
Mr Goodell, we'll call him to be polite, got used to the notion he ad his bullies
could walk all over the NFLPA because the playahs were soft. Unfortunately, the only mechanism we know to legally combat these industrial behemoths, the
Pinkertons or Baldwin-Phelps of a truthfully bloody violent, brain-bashing
conflict called American Football is to expose the lazy, lying, yellow dog tactics of
these goons for what they are.
I wonder what "earth" "magicisnotreal' calls home!
tom (bpston)
Try reading the Wells report and see if you can pick out the evidence implicating Brady in anything. It isn't there; merely Wells' suppositions.
Phoenix (California)
So why did you destroy your phone, Tom? It could have provided exculpatory evidence and ended the entire mess. As the article states, the question of cheating wasn't even addressed in Berman's ruling. Nothing like getting off on a technicality.
JMJackson (Rockville, MD)
You only have to listen to Brady's non-denying denials to know he's guilty. Just like Lance Armstrong, he struggles to make a simple, non-flippant statement about how he just happened to destroy his mobile phone, not notice the inflation level on that particular day, etc. Like so many guilty celebrities before him, he seems to think that barely plausible deniability is a credible defence.
dallen35 (Seattle)
And where do you hail from? Boston?
West Coaster (Asia)
Remember when Ryan Dempster nailed A-Rod when he returned to Boston in 2013? There are going to be lots of NFL linebackers playing Dempster this season.
NE_Fan (New England)
Keep wishing for that. Like he hasn't had a target for 15 years.
hawk (New England)
The NFL has seen Mr. Brady shred some of the best defenses. They have also only seen Mr. nice guy.
Massapequa Parking (Massapequa Park)
Wasn't that the night in which A-Rod followed with a HR in the following AB?
Daniel Sandman (Lowell, MA)
There is no credible evidence that footballs were deflated. It is clear that the officials who did the measurements did not know how to 1) make a valid measurement) @0Make a measurement in a way that the informed public can believe.

Dan S. Lowell,MA
Larry (Keene)
So, according to Rhoden, Brady is still guilty of something even though no evidence was presented that he was guilty of anything. Isn't this exactly what Goodell was attempting to get away with?
Ed (Austin)
Yes. The writer here is suspicious of Brady. Just like goodell, he weaves whole cloth out of a few strands of personal opinion.
skd (SLO, California)
Given that the footballs were indeed underpressured, and that therein lies an advantage, would this advantage not help both sides equally? After all, the football doesn't change midplay, does it?
smokepainter (Berkeley)
Actually they do change the pigskin, the offense generally uses footballs from their stash.
NM fan (NM)
Given that science proved that the footballs SHOULD have been a lower PSI given the inside vs outside temp (read AEI analysis) there was never a reason to go postal by the NFL. So to answer your question, YES. Ever take an inflated balloon from inside a warm house to a cooler outdoors...yup shrinkage.
Jason (NY, NY)
Wow, after all this time and countless articles and reports and experts opining, you don't even know the basic facts of the situation? Each team uses their own balls for their offensive series.
Billy B (LaGrange, IL)
Lessons to be learned: 1) Destroy the evidence. 2) Ensure those making the unethical decisions have plausible deniability. 3) Fire the underlings/ballboys. 4) Hire the most expensive lawyers. 5) Deny and obstruct. 6) Win on a technicality and claim innocence across the board.
End results: Maintain business as usual in American business and politics, whether it is Wall Street, the NFL, or foreign policy.
DaveB (Boston MA)
Dear Billy B: Please help me understand. Are you speaking of Goodell's and the NFL's crimes or Brady's crimes?
NE_Fan (New England)
Personal property isn't evidence. They had the texts on the other phones. What they were hoping for is a new trail because they had very very little.

The NFL lied through the entire process. Why do you believe what they tell you- Oh, God, hope you're not a Jets fan.

I'm sorry......
R.Kenney (Oklahoma)
No proof that Brady knew. Period. Without definitive proof he is innocent.
Phoenix (California)
Wrong. Brady's guilt was not in question in this ruling. That does not mean Brady is innocent. It means the facts of the cheating were secondary to procedural issues, technicalities, not the substance of Brady's cheating.
Alan (Los Angeles)
Actually, definitive proof was not required, just evidence that it was more probably than not. The texts of the ball handlers, and the fact that Brady suddenly engaged in massive texting with one of them after the scandal erupted, more than met that burden.
NM fan (NM)
Actual proof by a truly objective, fact based analysis - AEI - the change in PSI for NE footballs expected. What was not expected was why Colts footballs did not conform to scientific expectations...
West Coaster (Asia)
Sportsmanship. How quaint a notion.
senor joven (cocha, bolivia)
we would do well to emulate the "sportswomenship" as evinced by the US women's beach volleyball team, which came to bolivia early to get acclimated and also to help train the bolivian team for a month. the result was a much more exciting match, and a big step forward for bolivian volleyball. time to revive the good neighbor policy. long past time.
NE_Fan (New England)
The NFL lied.

Imagine that.
TBC (Mass)
Billy, you clearly didn't read the Wells Report. At the very most, depending on the gauge used, 5 Pats footballs and 2 Colts footballs were on avg 2/10 psi below the rules. There was no cheating by either team.
Billy B (LaGrange, IL)
why destroy the cell phone?
kjd (taunton, mass.)
Does "more probable than not" mean guilty?? Apparently not.
tom (bpston)
Nope, it doesn't. The standard is "beyond a reasonable doubt."
Jim Davis (Bradley Beach, NJ)
No it doesn't mean guilty. This isn't horseshoes.
simzap (Orlando)
The Brady supporters appear to want to believe him. Just like everyone wanted to believe Lance Armstrong, including myself. I've become somewhat cynical since that, the Ryan Braun case and too many more. Cheating is part of the game from stickum that Jerry Rice admits to spygate. Brady isn't a saint. In fact, he's been the beneficiary of some of the cheating not of his own doing. His reluctance to cooperate and instead destroy useful evidence and his relationship to the direct culprits is worse than the cheating IMO and he should face some consequences of that. I'm glad he's playing though, so we can see how this works out for him and his team on the field.
NM fan (NM)
So if it's about "cooperating" with the investigation that was so full of holes, media leaks and lacking in any integrity, it would be ok to give your personal cellphone that you were told was not necessary by Wells. I'm no celebrity, but will destroy my old cellphone after 3-4 months, no differently than how I destroy my old hard drives from any computer.

The ruling by Berman is only about the typically flawed process used by the NFL. Does not address guilt, but slams the credibility of Goodell and did question Nash if there was any direct evidence tying Brady to the ALLEGED under inflated footballs, which he answered NO.
tom (bpston)
And apparently the Goodell supporters want to believe him. Despite the complete lack of any evidence that they should.
SqueakyRat (Providence)
Why should Brady have cooperated with an investigation as evidently lacking in intellectual and legal standards as the one Goodell commissioned? "General awareness," "more probable than not," give us a break: "we got nuthin" would have been pithiest and more honest.
Tony (NY)
All this is about the psi of a football, right?
NE_Fan (New England)
nooooo! Integrity of the game.

NLF lied: Integrity of the game!
NFL leaked: Integrity of the game!
NFL punished: Integrity of the game.

NFL Lost: NFL has no integrity.
David (Cambridge, MA)
"I tend to think the Wells report was more right than wrong....". Is this tending to think based on anything substantive, or just a gut feeling? Did yourvtending to think change at all with the independent report in the science? With the acknowledgement that the initial reports were planted lies? Or not really fact-based to begin with and, therefore, certainly not subject to change?
RIBeastie (Warwick, RI)
Apparently, this reported is like Chris Mortensen. Doesn't educate himself on everything he can read before he puts in his two cents, just listens to PR stunt headlines. How lazy can you get? What happened to reporters fact checking before writing an article on something they know nothing about? What about a reporters duty to his readers to write the truth? Go back and read the following: Wells report, the wells report in context, Stephanie Stradley, Sally Jenkins, Michael McCann, transcripts of appeal and court transcripts and the AEI Report (truly independent) and Judge Bermans decision.
Martin Daly (San Diego, California)
Mr. Rhoden insists that "Brady still has some questions to answer". No, he does not. The questions that would be put to Brady have all been asked, and Brady has answered them. Mr. Rhoden doesn't believe the answers. That is his right. But we all all entitled to an opinion, and Mr. Rhoden's opinion is no more a statement of fact than anyone else's. I happen to think that Brady answered the REAL question in the second half of the championship game, when the balls unquestionably inflated to the proper amount were used to trounce the Colts.
RAE (Michigan)
Of course Brady knew that the footballs were being deflated by the ball handlers! Anyone who thinks they would do that without Brady directing them to do so is incredibly naive, to say the least. So yes, Brady is most definitely a cheater, and probably has been cheating this way for years. I'm not sure if Goodell overstepped his authority or not, but if the league does not have the authority to discipline players who break the rules, then the integrity of the game is most certainly threatened. I used to watch a lot of NFL football, but I'm done with it after this incident. The message sent by this ruling is "go ahead and cheat if you think it helps you win....the league can't do anything to penalize you, even if you get caught". Disgusting.
tom (bpston)
Lots of suppositiion here, and no facts. You should sign on as attorney Wells' paralegal.
NM fan (NM)
I'm also done with the NFL, but for totally different reasons, mainly because of idiots who don't know or care about the facts. The AEI report pokes huge holes in the Wells report and the company that did the "analysis".

Since there is no actual evidence the footballs were below expected PSI given the science and temp change, so no violation of that previously unknown rule and therefore no conspiracy.

The joke is really the lack of intelligent conversation, including this article.
DaveB (Boston MA)
Hey RAE! I suggest you read the news occasionally. SCIENCE, I repeat SCIENCE, as put forth by countless experts since February, correctly indicates that the PSI of the footballs in question, as measured at halftime are almost precisely in line with what science indicates they should have been.

There was no tampering, as indicated by the half time measurements! I repeat! The PSI is entirely explained by the change in temperature they were subjected to when moved outdoors to the playing field!

This whole investigation is nothing but a refusal by doofus Goodell and his sycophants to acknowledge this and remain willfully ignorant of the facts, while mounting a witch hunt against the Patriots because the other owners are sick of losing to the Pats. They can't beat them on the field, so this is just a bald faced attempt to beat them off the field.
Sue (Washington, D.C.)
One did not have to read through the lines of news accounts of the court proceedings before Judge Berman to realize that the Judge "more probably than not" had significant misgivings about the SUBSTANTIVE issue of whether, in fact, the footballs were deflated through human agency or as a result of being brought into a warm room from a cold, rainy outdoor setting. Judge Berman is a strong enough legal scholar to know that he could not, legally, address that issue because a court reviewing an "arbitrator's" decision (Goodell legally qualifies as an arbitrator) cannot rule on the substantive merits. However, Judge Berman's zeal in overturning the ruling (which may yet be restored on appeal) can be seen as an indication of his doubts as to the real world justice of punishing someone for a "crime" that in fact may not have occurred.

Skeptical? Remember that the referee had with him two pressure gauges to measure the balls -- one marked with a Wilson logo, and one with no logo. Those gauges differed by .5 PSI in their readings (which in itself is a bit mind-boggling.) The Wells report itself stated that, if the Wilson logo was used, then the level of deflation was explainable solely by environmental conditions. And guess what? The referee testified that, to the best of his recollection, he used the Wilson logo gauge. No "crime." But Ted Wells and his team chose to disregard that recollection, even while accepting the ref's recollections of the starting PSI levels.
Yoandel (Boston, Mass.)
Well, as any student in any physics lab will tell you, any gauge will have both systematic and random errors. And even how to hold a gauge, and reading it results in discrepancies --try it at home with your tire pressure gauge. Is it 30, 29, 31, 32, 28? It all depends firstly on the angle. illumination, and the like?

And frankly balloon pressure was never that important in the game before, the balls where never kept secured, and in this context a gauge with inaccuracies of 1 to 2 psi would not be surprising. Any independent report, for example, would sample gauges, including those of the game, and determine how accurate they are in effect *BEFORE* even talking about the significance of any gauges.

If football pressure will be vital now, certainly a new breed of gauges will be needed, and these would need to be calibrated and verified during the games, and a verified record of the measurements, and ball handling, would have to be established...
ExPeter C (Bear Territory)
If this was important than why did the NFL cave when their quarterbacks petitioned the league to let the individual team's determine ball pressure and why, pray tell, did they then delegate this now "critical" variable to the equipment managers of the world with little or no oversight instead of having the referees control the whole process. The answer is they didn't care and neither should you.
JD (Florida)
Is it cheating when a player dives for a ball, knows it hit the ground, but gets up and pretends like he caught it cleanly? How about in basketball, if a ball is deflected out of bounds and the referee incorrectly awards the ball to the team that last touched it. Does the player that last touched it have a moral obligation to report this to the official? And then there's the first baseman that knows he came off the bag before the ball got to him. Is he supposed to inform the umpire that incorrectly ruled the runner out? One could go on and on. Aren't these all examples for cheating? Where's the outrage?
Jazz (My Head)
All very good examples of cheating--which are apparently accepted by players and fans of those particular sports. Golf where the players call penalties on themselves is probably the only high stakes professional sport that still has a high degree of integrity in it. Tennis also has had instances over the years of players awarding the other player the point on a missed/wrong call. Even the super competitive and abrasive Connors once did that.

I don't think deflating a football before a playoff game should be accepted however. Do you? That's too brazen and unethical for me, and beneath a player of Brady's stature and superior skill. If he can't win fair who can?
RY (Oregon)
I think using a corked bat might be more analogous.
lamplighter (The Hoosier State)
There's an important difference, JD in Florida. All of the examples that you cite more or less occur in the heat of the moment. There was no prior planning, no intent, to cheat; it was based on a ref or umpires mistake. Moral, no, but not premeditated, and actually, well understood in the course of all participating in the game. This deal with Brady involves planning, premeditation, a clear intent to cheat before the fact. The participants in the game were not playing with the expectation that ball pressures might have been intentionally adjusted, and for yhe course of the game, not just one play. With replay, a lot of the situations you mention, at least in college and pro sports, are subject to review at the moment, something, it would seem the Pats and Brady clearly were not subject to.
Deus02 (Toronto)
Wow, this is really important stuff! Thew fact remains is that the NFL in its utter stupidity is the only sports league of any in existence that allows each team complete unfettered access to the equipment they use to play the game. Any wonder that this may have happened? Dumb!
chester west (LA)
Exactly. This is a dumb equipment violation, like wearing longer cleats on a muddy field. Fine them and move on.
R-GTI (Boston, Mass.)
A major decision point for Judge Berman was that the NFL contended that the competitive advantage of an equipment violation was equivalent to the competitive advantage of using performance enhancing drugs. But the NFL did not substantiate this claim with any evidence, or even anecdote. NFL just wanted everyone to take it on faith that the level of cheating was the same. Judge Berman thought that this was bunk. So, Mr. Rhoden, does that not moot your question? He did not ignore the "biggest question," rather, he pointed out that the NFL, in charging a player with an equipment violation as an insult to the "integrity of the game," failed to actually demonstrate, or even attempt to demonstrate, how this was so. It is not the judge's role to determine who is a big fat cheater. It is the role of the accuser to state why the accused is a big fat cheater. They didn't. Your whining about what the decision "ignored," ignores that the ruling addressed that very element. The NFL ignored it.
NM fan (NM)
Knew it was a sting and witch hunt when Goodell immediately stated that the judgement and penalties would NOT factor whether there was any competitive advantage. I guess he watched the 2nd half too.
wilbur hogan (USA)
NYT you are certainly diplomatic, but when Brady threw out his cell phone and the text messages on it, he answered your questions.
kinophile (Santa Monica)
I am surprised that we continue to hear this argument, as if it has any truth or relevance. Brady supplied all the records of his calls. The NFL chose not to pursue that very easy path of investigation. The NFL also saw all the texts from Brady to McNally and Jastremski. Apparently no news there. Lastly, Wells told Brady that he didn't need the phone...then Brady destroyed it, not before. Just so you know, even though Brady destroyed his phone, the texts still exist on the recipients phone records. I guess there is no smoking gun there, right? Or we might have heard the leaks from Chris Mortensen?
Thomas Baker (arizona)
In science I trust! According to more qualified people than me, physicists, the actual variation in ball pressure was explained by the ideal gas law resulting from the conditions existing at Foxboro. I understand people have difficulty with science but that is no excuse. I suggest a peer reviewed study of this event.
Entropic (Hopkinton, MA)
shhh..don't tell Rhoden that. For some reason, he has an almost religious/superstitious belief that Tom Brady/the evil Bill Belichick/the evil empire Patriots just MUST have done something wrong here, he believes they MUST have mounted a conspiracy against the Shield, which is protected by the saintly Knight, Goodell. He is a bit distraught that an independent entity, in Berman, did not affirm his beliefs.
lamplighter (The Hoosier State)
I might add that in the narrow view of this court case, ball pressure was not an issue. This case was, in it's simplest essence, a labor/management case. It was about how a rather bumbling commissioner went against a collectively bargained agreement agreed to by both the player's union and management, also known as the NFL. It did not determine Brady's guilt or innocence, but rather that the terms of the agreement were not obeyed. Forget the science as per this court case, as it does not apply. There still is plenty of room for debate as to Brady's part in all of this. I've also noted that science depends too whether you live in Boston or the rest of the country. But this was a labor case.
Ross Salinger (Carlsbad Ca)
Unfortunately you must not have actually read the science. It proves that based on testing balls as well as physical laws those balls were tampered with or were not correctly measured by the ref in the first place. Please spend a couple of hours reading the wells report and the minutes from the arbitration hearing any hopefully you won't take this point of view in the future. Rhoden is correct. These balls were tampered with. I can give TB the benefit of the doubt- he would not have "ordered" those equipment guys to under-inflate the balls. It is much more probative to realize that those guys were never subpoenaed in front of the judge by Brady to testify in his defense. If you read the judges ruling it's about process, not what happened.
Susan G (Boston)
Appellate judges never question the findings of fact made by an arbitrator or lower court because, under our judicial system, appellate courts are not considered the finders of fact. That means that, sadly, because the Wells Report and Godell's arbitration factfinding were so incompetently done and lacked independence (as Judge Berman stated numerous times and implied when he put the words "independant" in quotation marks), we will NEVER know what actually happened and Brady will NEVER be able to clear his name -- even if he was completely innocent. All because of the NFL's and Goodell's incompetence, bias, and arrogance. It is clear that Goodell and the NFL decided on Brady's 4-game suspension punishment first and then tried to create reports and factfinding that justified their desired result. The NFL never even proved that any "crime" was ever committed by Brady, let alone that the punishment they meted out was proportional, or that the process they used met the basic requirements of due process required by the collective bargaining agreement and other legal precedents set in past cases involving NFL players. What a shame.
Jonathan Cooper (New Haven, CT)
Mr. Rhoden, it's important to remember that at the time of Brady's press conference, which many took to be the poor showing of a beleaguered man twisting in the wind (much reduced from his confident "they gotta study the rule book" performance in the aftermath of the win over the Ravens), the public knowledge was that 11 of the 12 footballs the Patriots used were under 10.5 PSI. So when Brady was up there, all deer-in-the-headlights, he was trying to explain away a completely untrue and very damaging set of circumstances that entered the dialogue after someone "a league source" leaked bad intel to Chris Mortensen (deliberately? accidentally? who knows?) and the league let it go uncorrected. Eleven out of twelve footballs 16 percent under the minimum threshold? That's not a smoking gun, that's a smoking rocket launcher.

Well, no wonder he couldn't explain it to anyone's satisfaction: it was too good to be true. Whether you want to admit it or not, those events shaped your opinion of the likelihood of his guilt (or, laughably, his "general awareness,"), and confirmed for you the flimsiness of his excuses. That you won't give him the benefit of the doubt now is poor form. But then again, how could we expect you to draw fresh water from a well that has been poisoned since January 21, 2015?
Sue (Washington, D.C.)
@Jonathan Cooper, this is a very important point.

This is akin to (now discredited) police interrogation tactics in which they would extract a confession by confronting a suspect with imaginary evidence ("we have your fingerprints on the gun") such that the poor sap under the klieg lights would confess because he couldn't explain away the damning evidence. The league's failure to correct the record was shameful, but, more significantly, the fact that the falsehood was out there does much to explain why Brady seemed unable to explain himself to the world's satisfaction.
Brian (Raleigh, NC)
What about the issues of deflated footballs?

There aren't any issues. The NFL walked into this with the belief that footballs simply stay at their established pressure throughout a game. When it became manifestly obvious that this is not true, the NFL had a chance to simply say "we don't know" and bow out.

Instead, the league doubled down, with lies and innuendo.

No, Mr. Rhoden, you don't owe anyone an apology. You didn't know what was going on, and you still don't. But the NFL knew better for months, and compounded lies with more lies.

And as for Mr. Brady, he's answered enough questions, both on and off the field.
Chico (Laconia, NH)
They should make William Rhoden take a lie detector test when he's writing a column about the New England Patriots.
Marc Schenker (Ft. Lauderdale)
It almost seems useless to note the Patriots long history of managing to not fumble and how long Brady actually used under-inflated footballs. Just this season? Past seasons? The issue is now moat. What isn't is that his assistants under-inflated the footballs he used and nobody thinks they did it on their own. Therefore, Brady gets away with cheating because of the arbitrary and capricious punishment policy of Goodell, a man and a league that takes itself a bit too seriously, like "influencing" Sony about toning down it's movie on concussions. We may watch NFL football. But we will never admire what is just another corporation that will do anything to protect itself, ethical or not.
Newsdork (Birmingham, AL)
The "Patriots fumble less than everyone else" thread has been debunked countless times. Look it up.
Nora01 (New England)
Sportsmanship? What century is this? I haven't heard that word in years. Ever since sports became big money, sportsmanship has been cast to the sidelines as something quaint. Heck, we don't even seem to teach it to the Little Leaguers when learning to lose graciously should be instilled.
MSternbach (Little Silver)
Sportsmanship along with chivalry are fictions of the past. In this day, it seems, winning is everything and the only thing no matter what the topic is.
ives1931 (LA/CA)
For me the problem lay with your premise, and that of others: were the balls in fact deflated, and if so by human intent or external factors? In my opinion, all the rest is "I said, he said," and it seems to have begun with a comment or complaint of a Colt player, rather specious it seems to me. Let me add my rule of the game: When a field official puts the ball in play, it is a legal ball. Period.
Eric Y (Pittsburgh PA)
What next? Now will the Federal District Court be available to enjoin referees calling Backfield in Motion penalties? Perhaps the court can step in if my HOA doesn't like my new curtains. And I'm pretty sure the library was peremptory in assessing my over-due fines. Clearly the court doesn't have enough genuine business when it deems the court's time will be well spent interfering in disciplinary proceedings of an insulated and nebulous entertainment organization.
Tom (Arlington)
Eric, next time you are fined $2 million dollars do you want to be told the Court has no time to consider YOUR case? That's what the Courts are there for...
DaveB (Boston MA)
I suggest you direct your concerns to Goodell. He brought this suit, not Brady. Do you not read the news?
Dick Diamond (Bay City, Oregon)
This is America's #1 sport? We are in trouble if we idolize these clowns and criminals. A tragic commentary on America and "sportsmanship."
PE (Seattle, WA)
It's ironic that Goodell get's scolded in this process. His punishment was too severe, too industrial? He can't rule with impunity? When someone cheats in the AFC Championship game, I'd hope there is over punishment rather than under punishment. The goal is to show that the powers that be care about the integrity of the game. Imperfect as he is, I commend Goodell for suspending Brady. It was the right thing to do.

Shady Brady has whined and kicked like a Baby Brady to clear his name. But his name is not clear. But Baby Brady can play now. Waaaaa Waaaa. Give him his binkie. I guess nobody puts Brady in a corner.
Tom (Arlington)
PE: you don't get it, do you. The NFL never fairly determined that anyone tampered with the footballs.

It's as if there was a murder prosecution but no one knew whether anyone died.

So you want to "over punish" even when no fair process has determined that anyone did anything wrong?
Newsdork (Birmingham, AL)
Cute post. No one has proven a crime occurred even, let alone who did it. Tell me this: who let the air out of the Colts' balls?
DaveB (Boston MA)
Seattle, WA, eh? No axe to grind there, is there? I've got news for you, buddy. the *federal judge* in the jurisdiction of Goodell's own choosing made this determination. Goodell and the NFL brought this suit, not Brady, or do you not read the news, or is it you only read news that supports your prejudices?

Goodell brought this suit. Goodell chose the venue. Goodell got smacked down, and the judge in his own exchange with NFL lawyers indicated that he saw no evidence that Brady had cheated. But apparently this isn't sufficient for you.

Since the science indicates that there was no deflation other than that which is exactly explained & predicted in advance, there was no cheating. If you can't accept this, I have to assume that you believe 2+2 =5.
jpkerr (Lexington, MA)
The big question has always been why, if Tom Brady was generally aware that two team employees were deflating footballs below the levels prescribed by the NFL, this knowledge mattered so much as to justify the punishment imposed by the NFL. I break at least two local traffic laws when I pass another car on the right at 70 mph in a 55 mph zone. The state imposes a high 3-figure fine and issues a citation that stays in my driving record for at least 5 years. I am not imprisoned. I do not lose workdays or salary. I am not publicly shamed. But I am punished, in a way that fits the offense. Assuming Brady knew generally that there was deliberate deflation and connived at it, what harm was demonstrated? What was the moral cost to the NFL? What is the highest moral cost to the NFL from this kind of equipment manipulation? And why can't the NFL get player discipline right on such a simple issue?
steve (missoula)
You rhetorically ask the questions: "What about the issues of deflated footballs? Did Brady know? Was he involved?" Those questions were not before Judge Berman, because the role of a judge in reviewing and arbitration ruling typically do not extend to that. But you have answered those questions for yourself, and convicted Brady, on "evidence" produced by a so-called "independent" investigation that was so deficient in fairness, or due process if you prefer, that the judge went out of his way to find in Brady's favor. The easy decision for the court would have been to uphold the arbitration. The court lacked the authority to rule on the facts, but came to a conclusion, probably based on the facts, the prompted him to find the entire proceeding unfair.

Not good enough for you, I understand. You've already convicted Brady and nothing will change your mind. And you have your soapbox from which you can continue to disparage him. That doesn't make you any more right or fair than Goodell was.
josie8 (MA)
I'm not a lawyer, but I do know that cases in the courts of law are decided on facts, not probabilities or likelihoods or suspicions. Long ago we did way with moral absolutes and ethics. Take those issues to a philosopher or a moralist for a judgment of another sort: right or wrong.
The fact that many quarterbacks may or might adjust the psi of a football wasn't brought up, either. Legal cases are decided on evidence, which, it turns out, was lacking here. The ruling by Mr. Goodell was certainly arbitrary and capricious as have been many other decisions he has made with respect to players' actions. Not only are the players overpaid, but Mr. Goodell's annual salary is obscene, particularly in light of his random woolly-headed decisions.
Phoenix (California)
Completely untrue. Reasonable doubt has always been a legal standard of guilt or innocence in criminal trials, and reasonable doubt is based on the principle of probabilities. In civil trials, the standard is set at an even lower set of probabilities: a preponderance of likelihood. It doesn't even have to be at the level of reasonable doubt. Of course probability has always been at the core of Anglo-American law, and to deny that is to deny our entire system of jurisprudence. When Goodell invoked Brady's suspension, Goodell spoke to the overall likelihood and reasonable doubt. He spoke directly to the converging set of probabilities that Brady had to have known just what he was doing. Berman's ruling doesn't expunge this charge in the least, just sets aside the suspensions on the grounds of technical directives. Public denial may condemn Goodell, just as those who dared to doubt Lance Armstrong honesty were condemned, but the scent of a rat is fairly easy to detect.
Vj (Mke)
You view about wells report 'more right than wrong .. That more probably than not.. Blah blah' is laughable. Also if the judge had to rule on the culpability of Brady in this made up case by Goodell, that would've been a resounding win for Pats and Brady. You are grasping on to the last straw to conjure up a non existent story to beat on one the greatest football players.
David H. Eisenberg (Smithtown, NY)
Another article by someone who either doesn't understand the law and either didn't read the decision or has his own reasons for wanting Brady to be seen as a cheater. Would he like his company to accuse him of plagiarism because someone just thinks so?

The judge said he accepted the factual findings of the arbitrator because that's the way it works. However, he also quoted his questioning of the NFL's attorney about what "generally aware" meant. The lawyer said it meant he "knew" but, of course, the report chose the words it chose, because there is no actual proof of awareness.

It is wrong for anyone - Wells, the NFL, or the author of this article to say that they think he had "cursory" knowledge. No one would want to be treated like that by the law or his own company.

The court noted that Brady was not given notice of what his penalty might be, and that to do so was required. Goodell or the NFL just can't make up penalties. In fact, he pointed out that the stated penalty for equipment tampering was less than $6,000. More, even the coach and the responsible person couldn't be fined more than $25000 for ball tampering. Further, the court pointed out that no one had ever been suspended for being aware (general or not) or someone else's transgression and that the fine for non-cooperation was - a fine.

Please, columnists. Read the judge's decision. Then have an opinion. No one has been more gracious under attack than Brady. I admire him more now than before this happened.
Lan (Arlington)
Judges and juries determine all of the time whether a defendant or a party has knowledge, and the level of that knowledge. That is the essence of our legal system and that is how we determine guilt and liability in that system. It was perfectly within the purview of Wells and the NFL to do so. And I happen to agree with Wells, the NFL, and with Mr. Rhoden that the totality of the evidence suggests Brady had knowledge of the improper deflation.
Phoenix (California)
You are so right. That was extremely gracious of Brady to destroy his phone when he was told to provide it as evidence of his innocence. Very gracious.
DougP (West Coast)
IMHO Brady has not been gracious at all. He has adopted a pose while allowing his agent to make personal attacks on his behalf. I would have respected Brady more if he had the guts to say those things himself.
Mark Stonemason (Sheffield, MA)
I have enjoyed William Rhoden's terrific writing on basketball since he started with the Times. I'm a Celtic fan and he is certainly one of the best.

But this column on Brady is more like a whine from Vinnie from Staten Island. Read the Wells report. 2 pounds down or .4? Brady doesn't need to cheat. Really Mr. Rhoden this is beneath am man of your talent.

You may be an expert on the NBA but you appear to be a jealous fan when it comes to the NFL.
Frank Esquilo (Chevy Chase, MD)
Mr. Rhoden, it's true that Judge Berman did not rule on whether there was tampering with the footballs, but rather on the authority of Commissioner Goodell to institute the penalty. However, as neither the judge nor anyone for that matter, has been able the prove that Brady tampered with the footballs, I believe neither can you make that case --or even leave the smell of the doubt lingering in the air. As has been extensively discussed, the Wells report came far short of proving that Brady did it (the standard of "more probable than not" is widely inadequate for accusing someone and destroying their reputation). Other studies have questioned the Wells report and concluded that the footballs weren't tampered with --see http://www.aei.org/publication/on-wells-report/

After many months, here we are, with Brady absolved from Goodell's punishment, and with no one being able to prove that there was cheating. What happened to "innocent until proven guilty"?

So today we patriots celebrate. Not New England Patriots, but patriots that believe in due process, in justice, and in freedom from smear. And on September 10, we'll rise.
Collin Smith (Los Angeles, CA)
Greg Howard (Miane)
What garbage. The Wells report has been systemically dismantled as not having even a shred of credibility, yet Mr. Rhoden thinks is is "more right than wrong." Well, Mr. Rhoden, that report had more holes in it than the Jacksonville Jaguars defense.

Mr. Rhoden is someone to be taken seriously, but in this instance he is simply wrong. Having a column in the Times doesn't make one right, it merely means you can write.
RGSRB (Burlington, MA)
For the record, I'm a Dolphins and Cowboys fan, and grew up in NYC, so have no allegiance to Brady or the Pats, despite living here in MA for several years.

You've got it wrong, again, and you do owe Brady an apology, whether you're man enough to admit it or not (apparently, not). Not due to this ruling alone, but due to your continued nonsensical assumption of guilt, on the part of Brady, when there is no incontrovertible evidence of such.

This whole thing has been a witch hunt with no purpose, and has done nothing other than to make the NFL a laughing stock. As we all know by now, many QBs will instruct on the way the ball should be inflated, to their liking, WITHIN the legal limits. There remains NO evidence that Brady instructed these handlers to deflate the balls in question UNDER the legal limit. Period. Since when do we live in a country where someone is guilty until proven innocent?

Adding further to this debacle, there's been a plethora of scientific information suggesting that the rainy conditions, temperature, etc., could have had a deflating effect on the balls, calling into question whether the balls were purposely deflated below the legal limits in the first place or, potentially, were deflated to the lowest possible legal limit, at which point environmental factors took over.

Get over it already. The Patriots slaughtered the Colts, after the balls were corrected. Then they beat the Hawks. They're the champs and deserve credit for it. Move on.
AW (Richmond, VA)
Mr. Rhoden seems to want to indulge in mob justice. See what happened to English Montreal after the Party Québécois rose to power. For some the ascension to power corrupts and vengeance trumps fairness.
Paul (Boston)
Check out this awesome Top 10 list of reasons the judge got it right by lifting Brady's suspension. https://www.247famous.com/sports/10-reasons-why-the-tom-brady-judge-got-...
Revanchist (NOVA)
Trust a mediocre New York sportswriter to sententiously raise this alleged moral issue. Virtually everybody who understands 9th grade physics realizes that the badly taken measurements of Patriots footballs were consistent with a ball inflated to the legal minimum. As to the alleged advantage gained by Brady, all of the other quarterback superstars (Rogers, Peyton, et al) inflate to the max; that's one reason the difference in pressure was so obvious to the Colts and Ravens whose QB's use as much pressure as they can. Unless Brady's fingers have shrunk, I suspect the real reason the Pats use the low pressure balls is for their running backs who always lead the league in fewest fumbles and that Brady makes due with what he is ordered to do.

Goodell tried to levy the death penalty on Greg Williams and the Saints (but not the previous teams and players Williams had coached). Turned out for all the hysteria in William's rants, the Saints were less successful in injuring opponents than 30 other teams, Now that we are learning more about Jonathan Martin, there is cause to wonder whether Richie Incognito was the brooding sadist portrayed by Ted Lewis or just a standard NFL oaf who happened to get involved with a hypersenstive teammate who was also suicidal and mixing drugs and alcohol (somehow Wells missed those facts, which Martin has had the courage to disclose). Perhaps if the NFL office was staffed with fewer incompetent ex-Jets, it might better manage discipline.
Query (West)
By the way, the real importance of the photo, isn't Brady looking a little beefy? Did he let himself go? Is he enhanced? Vegas needs to know.
Elephant lover (New Mexico)
If you were wondering about whether or not to join a union, this ruling should settle that question. Brady couldn't be fired because of the bargaining agreement. It;s downright weird that everyone in the US hasn't joined a union. They protect the workers from the bosses.
Loyd Eskildson (Phoenix, AZ.)
The integrity of the game is now under question.
David (California)
What integrity?
Susan Anderson (Boston)
How about having some neutral party provide the balls. Given the stakes, you will always have interested parties practicing brinksmanship; they all do it.

The Patriots are hated because they win a lot. Fans are looking for excuses for their passions. I'm not aware of any recognized team that doesn't promote these primitive hatreds.
Jazz (My Head)
The idea that a lowly go-fer would decide to go to the ref's locker room, take the game balls, and underinflate them before a high stakes playoff game without his cell phone destroying superstar quarterback's knowledge or permission certainly beggars belief. Why would Brady destroy his cell phone and text messages once an investigation started? Coincidence, I think not.

The only victim in this fiasco is the go-fer who got fired, and I'm sure the Patriots are paying him to stay quiet and accept being the fall guy/scapegoat in all of this. He got hosed, but have no doubt his bank account is benefiting from his silence. Can't damage the golden boy Brady.

Professional sport is rife with cheating. It's epidemic and it's been obvious for a long while that professional sports has nothing to teach children about character, ethics, or integrity--if it ever did. And that is not going to change anytime soon.

It's no surprise that Patriot fans are happy with this decision. After all they won. They don't care how, nor should they, because in the US winning is everything. And they are the winners. Hooray.
Newsdork (Birmingham, AL)
Brady said the phone broke while on vacation. The NFL is the one who told you he "destroyed it". They appreciate you falling for their red herring. The NFL had no claim to Brady's physical device, said they didn't want it, and had no subpoena power to get it. So why on earth would he intentionally destroy it? He wasn't compelled to turn it over in any way. Isn't the more plausible story the one he tells: that he broke it by accident, like so many of us do?
Ed Ashley (New York, NY)
The go-fer was suspended on the order of Troy Vincent. Check your facts!!
CK (Rye)
You have it backward! The idea that a superstar quarterback with endless success throwing footballs in the most intense situations, with millions on the line should he break rules, would trust a lowly go-fer with his reputation and millions in lost endorsement income, is absolutely beyond credulity. No bigshot of any sort risks his rep by trusting some minor underling like you suggest.

Anyone interested in fairness is happy now, as are the vast majority of Brady's peers in the NFL.
robertknuts (NY, NY)
What is it about Tom Brady that causes Mr. Rhoden to lose it? Two quotes from the column raise questions that the NY Times should answer:

1. "Brady at the very least had some cursory knowledge that air was being taken out of the footballs he was using. . . . . But rules are rules, sportsmanship is sportsmanship, and cheating is cheating."

There is no "rule" against "cursory knowledge". Since when does "sportsmanship" require Mr. Brady to stop the game and have the ball tested to insure it has the required minimal air pressure? What does "cursory knowledge" have to do with "cheating." The commentary is pure McCarthyism and the only good news is that Mr. Rhoden is a sportswriter. Let's see if the Times' Public Editor has the nerve to take on Mr. Rhoden.

2. "Thursday was a good day for the Patriots and their fans. But Brady still has some questions to answer."

Thursday was a good day for anyone who cares about not "convicting" someone of "cheating" without real proof. And the truth is that Brady already answered all of the questions posed to him.

And just so my "bias" is clear: I've been a NY Giants fan since the Tucker Frederickson era.
Entropic (Hopkinton, MA)
Wow, so true, @robertknuts...Rhoden truly seems to lose it when it comes to Tom Brady and this ridiculous non-story/non-scandal. This "scandal" (I love how Berman repeatedly referred to the oft-discredited Wells report as "independent") seems to touch some buttons in Mr. Rhoden's life. What is it about Tom Brady, an extremely successful athlete with a pretty innocuous personality that seems to set poor Mr. Rhoden off? He has written many such slightly deranged articles since Ballghazi began, not sure why.
raduray (Worcester)
How does Mr. Rhoden know that "Brady at the very least had some cursory knowledge that air was being taken out of the footballs he was using. . ." ? The IGL pretty much explains the air pressure loss in cold weather and the Wells report itself says the science was inconclusive in showing any nefarious deflation. Please Mr Rhoden, give us a rational explanation worthy of the NYT of how you come to that premise.
cb_bob (Carnelian Bay, CA)
Who cares? It's baseball season
Jimfromnextdoor (Cape Cod, MA)
Well-written column, but I think you, Mr. Rhoden, have fallen prey to the "guilty unless proven innocent" thinking that has plagued this investigation. On what do you base your certainty that Brady had at least "cursory knowledge" of ball deflation? And how can you go from that to your somewhat self-righteous talk about sportsmanship? The Berman decision did not discuss whether or not Brady knew any of this--because it could not--but that does not mean that Brady was guilty. You're falling into a logical trap: Berman didn't say that Brady was innocent to begin with, therefore he was really guilty. But that's not a tenable position.
Massapequa Parking (Massapequa Park)
I agree w Jim and will go further:
If the Wells report was, in the opinion of Justice Berman, not a total set-up; had it contained a scintilla of, shall we say, evidence actually linking Brady to deflating footballs then perhaps the judge would have been more forgiving regarding the overreaching Mr. Goodell.
But, alas, we still have no evidence against the four-time Super Bowl champ.
(Also, how sweet was that Butler pick? Ah, the look on Mr. Sherman's face . . .)
Finally, a better take than Mr. Rhoden's is available on Grantland, by Charles Pierce.
Henry (Petaluma, CA)
Courts don't rule on morality. The court here had one simple duty, to interpret the contract between the parties.
CK (Rye)
The power of the commissioner under the agreement is completely geared toward, "the best interests of the game." What Goodell did was NOT in those best interests.
Dave (Providence, RI)
Can you prove he cheated?

No. So let's all move on, shall we?

The refs are supposed to enforce the rules during the game and they obviously failed, so... don't do that again. Lesson learned.
Mary (Wisconsin)
No, we can't prove he cheated. The evidence was destroyed with Tom Brady's cell phone.
dpen (Boston)
Thank goodness that someone is finally addressing what is really at stake here. And I say that as a Bostonian. I am raising two children, both of whom participate in sports, and the Brady case makes it much harder for me to make the case that "winning at all costs" is too high a price to pay for mere victory. I want my kids to have role models, in sports, as in life, who value integrity over winning.
Elephant lover (New Mexico)
In this case the judge is the role model you should tell your children to follow Judge Berman. Bernab required Roger Goodell to follow the rules set for due process in the bargaining agreement.
If he had wanted to fire Brady he should have followed the rules set out by the bargaining agreemen which is a legal contract. This is a vctory for the working person.
Jay Gibbons (New York)
Hey Dpen, I have a question for you. If you were accused of a crime or wrongdoing that you had nothing to do with....would you just lie down and admit guilt? Would that be a good role model for your kids....to not stand up for yourself if you're wrongly accused? Not stand up for what you believe is right?
Tom (Arlington)
dpen: I hope you teach your children not to rush to judgment and judge people as having "cheated" when a Federal Judge says that no fair process has ever determined that there was any cheating involved.
Marcos59 (mht NH)
"What about the issues of deflated footballs? Did Brady know? Was he involved?"

Oh for God's sake, Bill, give it a rest. You sound like a broken record. In the first place, there is no scientific evidence that the balls were deflated (did you not read the report by Rachel Ehrenberg in Science News?). So there is no evidence that Brady could have known about possibly deflated (or not) balls. Have you read what the other quarterbacks in the league think? Nada, nothing, no big deal. Did a possibly (or not) deflated ball contribute to the Colts losing 45 to 7 in the AFC championship game? Of course not. As to the question of "cheating", it seems to most rational observers that if there is no harm, there is no foul. You (and Goodell) were wrong from the get go, so now let it go, gracefully.
DougP (West Coast)
IMHO the text messages alone make it very clear there was an on going scheme by Patriots staff to alter footballs. Unless you actually believe 'Deflator' meant weight loss.
T. S-words (Brooklyn)
Just read Ehrenberg on your suggestion. The leak of false information about the measurements, and the refusal of the NFL to correct it, really upsets me. There is no appeals process for the injury to reputation this has caused the Patriots, and Brady in particular.
Willie (Louisiana)
LOL. Ridiculous. Meaningless. Who cares? Why not allow all quarterbacks and their receivers the option to set their own the ball pressure? This is nothing.
KansasHQ (Olathe, KS)
"What about the issues of deflated footballs? Did Brady know? Was he involved?"
At this point, what is done is done and I don't believe you will get a definitive answer. Going forward, the NFL should be responsible for the footballs and remove the middle man. Just out of curiosity... who takes care of the baseballs for MLB? I see them coming out of the ump's satchel...
William Turnier (Chapel Hill, NC)
A strange bit of journalism. At the heart of every adjudicatory process is the requirement that the process be fundamentally fair and that it not be capricious or arbitrary. In the absence of fairness in the process one can have no confidence in the decision that is reached. Mr. Rhoden does not seem to appreciate this. He is troubled about the requirement that there be a fair procedure. He just knows Brady is a major culprit and is troubled by the requirement that the proceeding be fair because he just knows in his heart that Brady is a wrong doer. Thought processes like that are what lies in back of justice in totalitarian regimes and lynch mobs.
Tom (Arlington)
so you, Bill, "tend to think" that a flawed process by biased people "probably" got it "right."

But a Federal Judge (the first neutral person to consider all the information) has said that no fair process has ever determined that there was any tampering with the footballs or that, if there was tampering, Brady did it.

So no one fairly has determined that. But you "tend to think."

I know you get paid to write columns, but how you "tend to think" is virtually irrelevant to any fair minded person considering whether Brady cheated or not.
AW (Richmond, VA)
Rhoden actually is not thinking which is his point. He has the power of the pen and he's going to use it as he feels entitled to do.
Artie (Honolulu)
A lot of people, especially in New York, are obsessed with the level of Brady's involvement in the alleged scheme. However, there is no accurate proof that the balls were actually deflated, due to key procedural errors committed by investigators during halftime at the AFC championship. But suppose, hypothetically, that tampering did occur. According to the NFL rulebook, tampering with equipment is punishable by a fine, and that's it. Hasn't Goodell, or his lawyers, read the rulebook?
Massapequa Parking (Massapequa Park)
... and that fine is $25,000, which is why, Mr. Rhoden, Mr. Goodell was shown the door.
E.H.L. (Colorado, United States)
Yes, he knew. Yes, he was involved. Tom Brady is a great quarterback. He's also a cheater. Which is why he'll never be the greatest quarterback.
Tom (Arlington)
EHL: Glad to see that you are basing your conclusions on solid evidence from a fair process....

The fact that you THINK that Brady "is also a cheater" means virtually nothing now that a Federal Judge has said no fair process has ever determined that there was any cheating or that Brady was involved.
tom (bpston)
And you know this how? Perhaps you were watching from the top of Long's Peak?
Mo Maher (Chappaqua, NY)
Before revisiting suspicions about Tom Brady, there are 2 other important questions you left out that need to be addressed:

1) Can we be sure the Patriots' footballs were deflated beyond what they should have been in cold weather? (The America Enterprise Institute analysis believed the Colts balls were less deflated than they should have been because they were measured only after warming up in the locker room at haftime.)
2) Why did the NFL so aggressively leak inaccurate information about this and so over-punish the Patriots? (There are very few who believe that a 4 game QB suspension, $1 million fine and loss of 2 draft choices was an appropriate response.)

Once we can validate if there was a crime and understand the disgraceful overreaction by the NFL, then perhaps we can fairly question Tom Brady's involvement and behavior.
KJudson (New York, NY)
Amen.

Let's put the Clubhouse Gents of the Patriots under oath and see what they have to say. Methinks the wind will blow in a different direction at that point.
David (Etna, New Hampshire)
Sportsmanship? How quaint. There's been little of that in the history of the NFL and this ruling ensures there will be none in the future. The players say "everyone's seeking an edge." Be on the lookout for a lot more edges.
Togashi (Fargo, MI)
Now that Rog has less of an "Edge," Mr. Brady's knees should also be on the look out for said "edge."
Crusader (New York)
Unbelievable!
rkasper (Narragansett RI)
Mr. Brady has no questions to answer at this point. There is no evidence that he purposefully intended or orchestrated the deflation of footballs. And frankly, Mr. Rhoden (the author of this article) appears to reflect the antipathy many fans have about the Patriots. The New England Patriots are indeed guilty of fielding a very smart and successful football team....
Richard (San Mateo)
No. We might ask, did Brady ask someone to deflate the balls? Did he have a duty to report how the balls felt, as he touched them? If those kinds of questions were asked I sure have not heard the answers. I think Brady was punished not because the league had any evidence of "guilt" or complicity, but because the league had an opportunity to get even with him and the team. Did he cooperate fully? Obviously not, and was he (wrongly) punished for that, because that is not what he was charged with. This is all a bunch of entertainment nonsense anyway, not something akin to religion or taking (performance enhancing or some other illegal and dangerous) drugs. Or beating your domestic partner. If air pressure is so important, why wasn't the league checking each ball at the time it was used? Cold weather has an direct and known impact on the measured air pressure. No, I do not think he was cheating. And I'm not a Patriots fan. Goodell is a fool. Or a genius, if we want to use the administration of WWE as the ideal.
Steve Zuckerman (Los Angeles, CA)
I have no friends who have played quarterback in the NFL. That being said I would bet dollars to doughnuts that every QB in professional football has their game balls adjusted exactly to their liking. The absolute proof of this is that not one currently playing QB nor any past QB, including all those greats in the Hall of Fame have said one word on this issue. I could be wrong but I read a lot of sports news and have seen nothing.
Massapequa Parking (Massapequa Park)
I think you would win that bet.
Brad Johnson, winning SB QB for the Bucs, said he paid $7,500 to have the footballs inflated to his specs for SB 37 (those Roman numerals are lame), as reported by the Tampa Bay Times and then more widely by SBNation 1/21/15, but somehow (strangely) not circulated by other outlets.
Other QBs have kept mum on the issue, only obliquely saying (Rogers among them I think) that they have preferences.
Ma'sTake (Oakland, CA)
Troy Aikman spoke strongly about it, as did others.
srwdm (Boston)
They can adjust the pressure of their "game" balls to their liking, BUT not go below the minimum or above the maximum pressures (at, of course, the required measuring temperatures).
Stephen (Windsor, Ontario, Canada)
Is Brady going to answer those questions? I am thinking no and why should he. As a PS...maybe the Colts could apologize to their fans for their performance that day.
Query (West)
"Thursday’s ruling addressed legal limits of Goodell’s authority, not the more important ethical issues of whether one of the league’s best players facilitated cheating."

So, in the name of ethics, the issue of due process and industrial justice is less important than maybe underinflated footballs, maybe not? Yeah yeah, who is cheating now?

Clowns to the left of me, jokers to the right. stuck in the middle with a narcisstic fool.
Anetliner Netliner (Washington, DC area)
I agree with William Rhoden on Judge Berman's decision: the decision in no way exonerates Brady with respect to DeflateGate.

In addition, the decision points to the need to amend the NFL's CBA (collective bargaining agreement) to ensure that players can be disciplined (they can already be fined) for facilitating that rules be broken, for breaking the rules, and for lying to or otherwise obstructing NFL investigations.

The Patriots and their fans might be celebrating tonight, but their joy merely underscores the moral rot that pervades their organization and the laxity of the NFL's disciplinary system. The evidence collected by the Wells investigation, although circumstantial, establishes beyond a reasonable doubt that footballs were altered and that Tom Brady, at minimum, was generally aware of this.

It should also be noted that Brady destroyed his cellphone on or about March 6, 2015, the date on which the Wells investigators asked for phone to be supplied to investigators. That's hardly the action of an innocent man.
Sue (Washington, D.C.)
You need to re-read the Wells report. How could you conclude that it proves guilt beyond a reasonable doubt when the report itself concedes that, if measured with the "logo gauge," deflation was explainable by the ideal gas law? And includes the fact that the referee recollects that he used the logo gauge? (And let's put aside the considerable additional scientific problems with the report from the Wells paid experts. )

By analogy, imagine that the authorities want to charge you with looking at a classified document based on a 50% chance that you looked at the document. There is also a 50% chance that you looked at a document that was not classified which you had a full legal right to access. And, there is even a witness that testifies to the best of the witness's recollection, you looked at the unclassified document. Would you regard that as proof beyond a reasonable doubt? Would you not argue that, when the government does not even know if a crime occurred, it is unfair to assume that the crime did occur and force you to try to prove a negative in order to prove your innocence?
JC (Boston)
Moral rot that pervades their organization? C'MON Netliner. You can't be serious! You are SO NAIVE. Clearly you don't know the sport and are clueless as to what goes on. Would you say the same about Montana and his stickum using receiver, Minnesota warming up balls on sideline, Atlanta pumping noise into stadium, Broncos cheating salary cap, Cleveland texting from sideline, Seattle using PEDs, Aaron Rogers over inflating footballs (which he plays with if refs don't check PSI levels, which happens much more often than not...and on and on it goes. You and fans like you are ignorant, pathetic and jealous. AND YOU CARE NOTHING ABOUT FACTS. Get a clue and READ THE DETAILS of this case. Let me or better yet, Judge Berman if you find something he glossed over during the trial. You and fans like you CANNOT argue your case against PATS fans. You'll get chewed up and spit out with a barrage of points that you have no answer for. Just live with it and stop HATING
Ckessler (MN)
The phone destruction gambit was a red herring meant to distract from the NFL's massive incompetence. Ted Well's told Brady and his lawyers that he had all the information from phones - texts, e-mails, phone calls - that he needed (see Judge Berman's opinion.).
Michael Grinfeld (Columbia, Mo)
The judge should have not given the destruction of evidence such short shrift. Rather, like in civil cases when evidence tampering is present, he should have presumed that had the phone not been destroyed it would have established Brady's guilt and ruled accordingly. Brady skating on a four-game suspension is bad enough, considering he should have been thrown out of the game permanently. Do you think the Times would suspend a reporter for four issues if he were caught plagiarizing or falsifying stories?
Ckessler (MN)
No evidence was destroyed. Ted Wells told Brady and his lawyers that he had all the information that he needed (see Judge Berman's decision). The phone "destruction" was a red herring from the league to cover up their massive incompetence.
Sam I Am (Windsor, CT)
Try reading the decision. The judge cited Ted Wells as saying that Brady cooperated, Brady didn't need to turn over the phone, and Wells didn't need the phone. All BEFORE the phone was disposed of.
Tom (Arlington)
MIchael" he didn't give destruction of the phone "short shrift." You can't construct an entire case around someone not wanting to give you his personal cell phone.

The Judge determined that that NFL never gave Brady a fair hearing. Period. End of story.
William Statler (Upstate)
I have yet to hear what if any advantage there is in a "deflated" football. The answer will have to include some real physics and numbers. So far it seems to be about "cheating" without any clear explanation of of just how.
RM (Vermont)
It is easier to grip, and therefore easier to throw with accuracy. An underinflated ball is also easier to catch.
cfb cfb (excramento)
Already proven by ESPN's Sports Science to be incorrect. The difference in grip is minuscule...1.5%.

Google it and watch it.
tom (bpston)
But check the scoring by the Patriots in the game at issue, before and after halftime when the deflated balls were discovered. Brady was far more effective with the "regulation" footballs in the second half.
Jim (Massachusetts)
You can't separate the investigation's results from the fairness of Goodell and his processes.

When the man in charge is not trusted by those he reviews and reports on, the process of getting at the truth is already compromised.

Who knows at this point? Brady could have said any number of things, from "deflate those balls until they're illegal," to "you know I like them on the low side of legal," to anything in between. He could have winked or stared stony faced. He could have noticed the balls were too soft to be legal or wishfully thought to himself, "hey these feel pretty good, hope they're legal," or any of a range of other thoughts. We don't know.

When you don't trust the boss to be fair, you clam up to defend yourself. The flawed leadership of Goodell is why we won't know what really happened.
Anetliner Netliner (Washington, DC area)
Sorry, but I also have to give some of the blame to the "win at all costs" ethos followed by the Patriots, as demonstrated by their surreptitious illegal taping in 2007.

I agree that the NFL violated Brady's due process rights, should have appointed independent counsel to the NFL concerning Brady's appeal (rather than using Wells' firm) and should have appointed an independent arbitrator (rather than having Goodell preside.)

But the evidence set out in the Wells report suggests a pattern of deceit by certain Patriot employees and Tom Brady during the 2014-15 football season.
Susan Anderson (Boston)
anetliner:

"win at all costs"

Sounds to me look football. Why single out the Patriots and Tom Brady?

Your prejudice is showing.
frkh2o (Chapel Hill)
You are inaccurate in your description of what happened in 2007. The recording was not secret nor was it illegal to tape.
It was illegal to tape where they placed the camera. The pattern of deceit lies in the press and hoodwinked fans who repeat false cliches and storylines over and over again.
Bee bee (Indianapolis)
I think the solution is to make the multi-billion industry of the NFL into a "non-profit" organization so it won't pay any taxes. Wait it already is....nevermind.
cfb cfb (excramento)
The NFL rescinded its non profit status this year, largely because they won't have to publicly expose the executives salaries. They'll still pay very little in taxes (about $10M) because most of the profit is distributed to the teams.
Toddzer (Chicago)
Seriously? We're still talking about this so-called scandal, what with children drowning trying to get to Europe fleeing a savage civil war and chaos, a Guatemalan president resigning and then going to jail, a religious fanatic who refuses to do her job in Kentucky, climate change, gun violence and half the states owe billions to their pensions yet we're focused on deflated balls?

Get. A. Life.
Anthony (Boston, MA)
I couldn't agree with you more. Well said
John Novack (Illinois)
I'm concerned about all of that, cheaters too.
Ma'sTake (Oakland, CA)
As you spend such valuable time reading the article and commenting on it.
SJB (Amherst, MA)
Wrong, Rhoden, the bigger question is, as always, abuse of his power. The judge said, "No," to Roger Goodell's kangaroo courts.
C. Richard (NY)
No you citizen of MA. The issue is Brady's arrogant performance at the press conference a couple of days after the game when he couldn't express how ridiculous the whole thing was, when clearly the truth was otherwise, and he had to know it. Troy Aikman - who knows something about quarterbacking - said it's impossible that Brady didn't know about the soft balls.

Brady, Belicheck, can now join the ranks of superb, despicable athletes and coaches - along with Serena Williams - who offered - twice - to shove a ball down the throat of an official half her size and twice her age - and Ty Cobb, and ARod, etc. etc. Sport is great, and should be reserved for good sports.
RM (Vermont)
This reminds me of Chris Christie and his Bridgegate scandal. Christie's subordinates acted in a way they thought consistent with the desires of their boss, whether or not he actually directed them to do so.

Brady previously, on many occasions, has stated his preference for a little under inflation of his footballs. Whether or not he knew, the subordinates believed their actions were consistent with what their "boss" wanted. It may not have even risen to the level of a wink and a nod, but their work environment certainly, they thought, gave them license to prepare the footballs with a little less air than league regulation.

This is one of those situations where everyone is at fault, but nobody can be punished. The Patriots have a long history of going over the line when it comes to fair play and ethical behavior. What is needed is an attitudinal adjustment in their organization, from top to bottom.

And while it may be true that all teams cheat to some degree, when it is caught, the rules should be enforced and punishment meted out. Indeed, if nothing is done, why have rules at all?
Andrew (Yarmouth)
The Patriots organization was hit with a $1 million fine and the loss of a 1st and 4th round draft pick. That's a pretty serious punishment, if you ask me, regarding a scheme to do nothing too serious and of which some players may have been generally aware.
Aaron Levine (New York City)
@RM. To your point, punishment was meted out; $1M and two draft picks. As for punishing Brady, he did nothing wrong and suggesting he knew is conjecture.
elniconickcbr (New York City)
The Governorship and pro football are not on the same level.
Jerry (Los Angeles)
The NFL is a joke. Players cheat, owners cheat, NFL executives cheat. And they have the nerve to call themselves "Professionals".
Henry (Petaluma, CA)
So why do we care who fines whom? Who is suspended? The $ just goes into another cheater's pocket. The court case was a waste of government time and money, because boys in tight pants want to toss balls around.
elniconickcbr (New York City)
The NFL is a joke????? Pro sports is entertainment period. Just like pro wrestling, or the Stones at a concert. Wake up America.
Jim (Massachusetts)
You seem to have an unrealistically high opinion of other "professionals."
Near Boston (Boston)
While Berman's decision is procedural, the first order substantive question remains if the balls were deflated, and if there was sufficient clarity about which gauges were used, timing and temperature. It has appeared to even a casual observer that these predicates have not been established with anything approximating the level of certainty needed for the second order investigation into anyone's actions.
Harris (Hyderabad, India)
How can an experienced quarterback, one who reaches the highest heights of the NFL, not feel a football and know whether it is under inflated? I've know tennis players who know how tight the strings of their rackets are to the pound, bikers who know how much pressure is in their tires, etc. Expertise lets you know such things. It isn't credible....
Ben (LA)
it's entirely credible, actually. called the ideal gas law. when it gets cold out, the pressure in the ball goes down. it ALWAYS does when it gets cold out. if it gets hot, the pressure in the ball increases. it ALWAYS does this. it's called physics. and he's been playing in those conditions his whole career. and the colts balls were also below the limit. just not as much much when they were recorded because they'd been sitting in a warm room, unlike the pats balls. get your facts straight. and tennis players and bikers aren't plying their trade with 6'5", 350 pound linemen trying to pulverize them so they may be a little more present to their equipment.
Thomas Baker (arizona)
Because the change in ball pressure occurs gradually over the first half. There is no sudden drop in pressure.
jeoffrey (Arlington, MA)
It's still not clear the balls were underinflated. Remember, though, that tennis tends to be played under a much smaller range of conditions than football. I am sure cyclists who ride up and down mountains through all sorts of weather notice the change in pressure, but simply deal with it, as a QB would.
Joe C. (Indianapolis)
Our legal system and our major league sports systems are both flawed. It's clear that Brady is a fully engaged cheater who actively obstructed the investigation into this issue. His aggressive attack on the legitimacy of the NFL's investigation and the jurisdiction of the league and the commissioner, as well as the back-room process used to pursue the issue in the first place, shows that we have a system rife with rot and subject to ongoing abuse if not addressed. Drain the swamp!
Henry (Petaluma, CA)
The only problem with the legal system here is that it had to waste time between 2 boys engaged in throwing balls around. Don't blame the legal system for the inherent nastiness of the NFL.
elniconickcbr (New York City)
Sports system? Legitimacy? Correction: Big Money business is more like it. Whether its billionaire owners getting sweetheart stadium deals from cities or teams
charging personal seat licenses. Its a scam on the public. You know what W.C. Fields said...........
El Jefe (Boston, MA)
Joe C from guess where? Indianapolis! Please accept my condolences.

Tom Brady did indeed attack the legitimacy of the league's investigation. The funny thing is, the federal judge sided with Brady and ruled that the league's process was illegitimate. Sorry Colts fans, but you can't beat TB12 on the field or in the courtroom.
Realist (Boston)
Geez, move on already. Deflategate doesn't amount to a hill of beans.
Jazz (My Head)
I know people in Boston don't care because they won. And winning is all that is important. Doesn't matter how. Right?
Jazz (My Head)
Spoken like a true die hard Boston Patriots fan.
Richard Brown (Ossining, NY)
Yet you took the time to read this article.
smokepainter (Berkeley)
This ruling is about fair labor practices and relates to Reagan's air traffic controller lock out and the formation of Neo-Liberalism. No one really cares about ethics in a game that leaves participants brain damaged and is fraught with economic imbalances. This decision is just an arena to discuss how we conceive of workers, labor, management and unions.
hobdy29 (renton,wa)
This ruling is about Tom Brady imitating Oliver North in the Iran/Contra scandle. Oliver North hand=picked his own jurors to aquit him of the charges.
raduray (Worcester)
The NFL never afforded Brady a fair and impartial review of the charges. Yet even so, the Wells report was ambiguous at best. By the time we got through the Goodell appeal charade and to Berman's courtroom, the charges were no longer on the table and Brady had to argue process. Berman's ruling eviscerated Goodell's process and the "independent" (quotes are Berman's) investigation. So, what else can Brady do to prove his innocence, something one shouldn't need to do in America?
C. Richard (NY)
This comment is full of Mass. confusion.
Maqroll (North Florida)
The NFL commissioner's office needs to invest in a deputy general counsel experienced in professional discipline. It appears that the basics of due process were missing in this disciplinary proceeding: notice of the charges, notice of the proposed penalty, alignment of the charges and penalty with the collective bargaining agreement, meaningful assistance of counsel for the accused, and a reasonably disinterested adjudicator. A third-year lawyer could have spared Goodell the embarrassment that he has caused himself and the NFL by his incompetent handling of this case. An appeal promises only to prolong the agony. Better Mr. Goodell spend the money on a legal opinion whether administrative double jeopardy precludes him from recommencing this disciplinary proceeding, doing it right this time.
Henry (Petaluma, CA)
And why would the Union agree to that? So far, the current contract has served it well.
elniconickcbr (New York City)
Agree but you say the "commissioners office" as if it has an air of legitimacy.
The so-called commissioner is a really the NFL CEO who is subject to the whims of the 32 owners and protecting their profits and steamrolling anyone who gets in their way. His decisions in order of priority: Owners wishes, profits, public opinion.........
Karen Mueller (Southboro, MA)
maybe they need to invest in a new commisioner ?
swm (providence)
Any cheating and lack of sportsmanship is a complete reflection on a Commissioner who has sought to cheat his players out of information about brain injury and been callous to the injustice of domestic abuse. Tom Brady's behavior just follows in the examples set by Goodell.
willrobm (somewhere, maine)
Make no mistake... Brady will answer for it on the playing field
Bob (Ocean Grove, NJ)
hmmmmm....I never thought about that. Yes, now that is the kind of justice I can get behind, if he cheated and arrogantly goes unpunished.
El Jefe (Boston, MA)
Brady will answer for it by absolutely torching the rest of the league, and in the process winning yet another MVP and SB.
TBC (Mass)
Yes, by leading the Pats to another SB. Yawn.
Tom (Arlington)
It's not so much you that owes anyone an apology. It's the NFL which a neutral and qualified person has now said did not use a fair process to condemn Brady and the Patriots who owes the Patriots and Brady an apology.

Bottom line: we don't know if anyone tampered with the footballs. we DO KNOW that Brady was unfairly convicted. For T
Jeff (Round Rock, TX)
The biggest question is what's the point of this column?

The second biggest is - let's suppose, for the purpose of the discussion on "sportsmanship," that Brady knew somehow that Patriot locker room staff had partially deflated some of the footballs prior to the start of the game. What should he have done? Reported them to game officials?; asked for the balls to be reexamined; Asked for replacements?
Anetliner Netliner (Washington, DC area)
Any or all of these actions would be preferable to what Brady appears to have done: ignored the deflated ball and continued with the game.
Marc Schenker (Ft. Lauderdale)
Actually, the biggest question is just how delusional can people be?
Jazz (My Head)
All of the above would be the correct answer.
pbrown68 (PROVIDENCE)
I agree im many ways with your article .... well stated. The problem
with the entire case is that the NFL made an issue out of air ball
pressure without having a valid enforcement procedure in place beforehand....too,the interesting question (answer unknown) is whether this should even be an issue in the first place. DOES INFLATION EVEN MATTER ?
Anetliner Netliner (Washington, DC area)
If inflation does not matter, the rules should be changed. Prior to such change, the rules should be adhered to.
Tom (Arlington)
so are you upset that 75% of the Colts' footballs measured below the required level on the gauge that the NFL ref says he used to measure them?
MikeM (Boston)
So you "think that the Wells report was more right than wrong when it concluded that it was “more probable than not” that two Patriots employees deliberately released air..." That's an amazing amount of equivocation in one sentence. And you base your entire sportsmanship argument on that? That, sir, makes your motivation and judgment suspect.
Jazz (My Head)
Spoken like a true die hard Boston Patriots fan.
Jerry (Arlington, MA)
NO, Brady does not have questions to answer, nor does he have to answer questions. No one, not even Roger Goodell, has ever had any objective proof of Brady's involvement in what may never have happened. Judge Berman has correctly dissected and discredited the changing spiel of the NFL commissioner's office. End of story. Play ball, as they say in baseball.
Karen Mueller (Southboro, MA)
it's "more likely than not" that the balls were not tampered with ...

http://www.nytimes.com/2015/06/14/opinion/deflating-deflategate.html

Goodell looses his job next winter ... says so right here
Max Nicks (Sydney)
William, yes it is sad that because of the ham-fisted way the NFL has handled the entire episode, we may never know what really happened and no lessons will be learned. Cheating should be punished, but equally innocence until proven guilt must be adhered to. The NFL's rush to judgement surrounded by misinformation means opinions have hardened both for and against Brady that will never be changed.
Doug (Virginia)
The answer to your question dear author is that "No, Brady, nor anyone else release any air from those footballs". The Wells report contains the answer in the actual air pressures of both the Patriots and Colts footballs. All footballs acted exactly as they should have according to the ideal gas law. Had the Pats released any air they would have been lower than they actually measured. Does Goodell think Belichick sneaks to his house every winter and releases air from his tires when they go flat?

This all started when Ravens got mad about Brady's comment that they could "check the rule book" regarding legal player formations. So they tipped off the Colts to have someone check the footballs knowing that NFL execs had absolutely no idea pressure would go down in the cold environment. It isn't even physically possible for a football (even at max legal pressure) to stay within the 12.5 to 13.5 psi range when brought into a cold wet environment. Arguing Brady did this is basically saying you don't understand 11th grade chemistry.
DG (Nantucket)
Let's assume Brady had the equipment guys deflate balls. A $25,000 fine is what the NFL metes out for tampering with footballs. No suspension, no lost draft picks. End of story.
Robert Muckelbauer (Sault ste Marie,MI)
Right on..When are the facts,the actual psi of the ball given to the public?
Marc Schenker (Ft. Lauderdale)
Yea, John Harbaugh was doing his friend Chuck Pagano a favor. Harbaugh knows better than most that you can't trust Bill Belichik. The surprising thing is that Pagano didn't make a bigger deal of it during the game. So let's all watch the upcoming season and see what Belichik will do for an encore.