Judge Erases Tom Brady’s Suspension; N.F.L. Says It Will Appeal

Sep 04, 2015 · 736 comments
Rosemarie Barker (Calgary, AB)
It appears many readers forgot high school physics of the Ideal Gas Law - under which pressure of a gas declines with temperatures . . . Stephen McIntyre is Editor, Climate Audit and wrote an excellent article for the Financial Post. Please take the time to read it to assist you ito understand why Brady and the NE Patriots did not tamper with the footballs;

www.climateaudit.org/tag/brady Twitter.com/ClimateAudit

But Haters will Hate; It is more work to seek the truth.
cb (mn)
Help us understand why anyone is interested in the NFL? or the NBA? These organizations long ago ceased to represent their so-called fan base. The circus instinct driven violent performers and their trainers are a remnant of the past. Educated millennials find the entire enterprise banal, amusing, primitive..
Rich H. (Scottsdale, AZ)
Then the 'millenials' you claim to speak for need to learn how to respect the vast array of talents that others are "endowed" with, that is if they are willing to dedicate themselves to the grueling discipline and self sacrifice necessary to be the best of the best. Only Major League Baseball has it right when it comes to cheating... every accomplishment of the cheater needs an asterisk that indicates it is questionable whether the accomplishment could have been done without cheating! Brady is the penultimate of what is wrong with sports, music, politics, and our society. When maniacal heroe worship leads the masses to turn a blind eye to reality, that is pure and simple insanity!!! Tom Brady and all of the unrepentant posers like him will go to Hell for their covetous sin and bearing false witness!!!!!! AMEN!
Rudolf (New York)
The only price Brady had to pay was the Jane Rosenberg sketch of him when in front of that judge; that is indeed Tom when with zero bravado.
SusanB (Washington, D.C.)
I'm a Pats fan and I think Berman's arguments about unfairness and lack of due process are indisputable. I remain agnostic about Brady's "crime," but believe that he did not ask the attendants to underinflate the balls below legal limits. Much more likely that he indicated he liked the balls at the low end of the acceptable psi (everyone knows this and he has said it) and they took things from there. Or the balls started out at the low end and the weather was a factor. No one knows. Those who have always hated Brady (because he wins so much) will always consider him a "cheater," even if his behavior may have fallen completely within the range of what is acceptable for QBs in the NFL. If there was tampering with the balls, that's an equipment issue and is subject to a fine (which has been how this has been treated in the past, or as a reprimand.) This went so far because the Ravens and the Colts wanted to embarrass Brady and the NFL thought the controversy would gin up interest prior to the SB. Also most NFL owners are tired of the Pats winning. In the meantime, one of the biggest stars of the league has been smeared through leaks given largely to the NFL's shills on ESPN, who also only want to generate traffic to their stations and sites. Brady in the meantime won the Super Bowl despite the extraordinary pressures on him. He will be a fierce competitor this season.
Robert Lappi (Cedar City, UT)
The first rule of holes is, when in a deep one, stop digging.
SierraM363 (seifer)
Justice is served. Looking forward to the banner raising on the opening game.
arrjay (Salem, NH)
The owners love the money machine that is the NFL. Ultimately, they will decide if Goodell can further the revenue increases, or if he has become the 'distraction' from the game. I predict that Goodell will decide 'to spend more time with his family' soon. A new Commish will drop the appeal and 'go make nice' improving conduct codes and relations with the Players Union. Everybody wins Mo Money!
Judy (Louisiana)
Of the 'two' Tom Brady is a Student...Sean Payton is Teacher...Perhaps both have learned their lesson ..and it is time to move on with football season upon us.
Gene Horn (Atlanta)
The NFL is focused on the wrong issue. There are many ways to gain advantage with footballs besides under inflation. For example, coat the surface, work the leather, special gloves, different air mix, etc.

The NFL should have the referees or a third party keep and manage all footballs at all games. Neither team should provide the footballs used during the game.
Bill (CT)
A victory for children. Common sense parental discipline can now be disputed with, you didn't say I shouldn't do an obvious stupid transgression.

If the same rules were applied in a normal workplace or in schools, common sense behavior would not be required.
ernie cohen (Philadelphia)
People seem to forget why we have commissioners with extraordinary powers to punish. Remember that the Black Sox were tried and acquitted in federal court. It was the total power of the commissioner who put the integrity of the game ahead of individual rights that saved baseball.
tomasi (Indiana)
Two differences:

1. Kenesaw Mountain Landis, who was installed as Commissioner of Baseball, was a man of undoubted rectitude and sterling reputation;

2. The Black Sox's offense was betting - against one's own team - by the players themselves. And the Black Sox threw the World Series to the Cincinnati Reds.

This is an overinflated controversy over marginally underinflated footballs, addressed by 3 or 4 men in compromised ethical positions (commissioner/arbitrator, report writers/investigators/League legal representatives), who overreached badly in reaching conclusions and imposing punishments.
tme portland (<br/>)
Cheating is unsportsmanlike behavior and should not be tolerated.
The judge set a bad precedent. One needs to have control over what comes under the purview of your job.

You can throw all your rationalizations, contortions of law, gibberish from attorneys, loyalty to your team at this, but cheating by any other name, smells.

Mr. Goodell just needs a very specific written Personell Policy.
1. Reviewed q. six months and initialed in a meeting by each player
2. Reviewed and edited yearly because people, being what they are, will eventually game any system.
3. Need one for the Coaches and any other person of authority in between.
4. A written job description for himself and those to come after him in his position.

Cheating is wrong, no matter how you cut the pie and there need to be consequences.
nancy (baltimore)
agree
SusanB (Washington, D.C.)
"tme portland": the whole point of this case was to determine whether the process by which the investigation and judgment were conducted was fair and not arbitrary. It did not get to the question of "cheating" one way OR the other. If Berman was right, and the whole investigation was conducted in a less than fair manner, and we know from counter-reports that no one really knows even what the footballs weighed at various points--we cannot say with certainty whether "cheating" was involved. You are asserting this as fact. How do you know this to be true? Leaked headlines that later proved to be totally erroneous? Have you read all the reports and related documents, footnotes, commentary, etc. Or is this a matter perhaps of your bias...say as a Seattle fan perhaps (if the portland in your name refers to Oregon? I assume that, and it is not Portland, Maine.)
I finally get it!! (South Jersey)
Obviously, this issue of behavior and the commissioner's authority will be hashed out in the next collective bargaining agreement. What I can't figure out is the 'moral turpitude' enforcement the commissioners is loosing on. In many state's possession of any professional license is governed by this clause and enables the governing body to impose levels of punishment based on violations of 'moral turpitude'. The case law and the examples affirmed by appellate courts and high courts in many states have established a clear body of law and road map for the commissioner to follow! Have any of his high priced labor negotiators and or lawyers communicated this fact to him??? Maybe if they read some of the law they are espousing he could and would act with greater ability and authority! By the way, trying to define violations of moral turpitude for football players would clear up this league of criminals, hoodlums, drug addicts, and cheaters in a year or two!!!!!
Billy from Brooklyn (Hudson Valley NY)
For gosh sakes, the issue was if a severe personal penalty could be imposed for an equipment violation. The league's own bylaws mandate that a a fine be imposed. Imagine baseball suspending a batter for a quarter of a season for using too much pine tar, or a pitcher for throwing a spit ball.

The Pats should simply have been fined as a deterrent and an example to other teams. This was built into much more than it is by the press dubbing it a "gate", and by fans dislike of the coach, the team's constant winning, and the glamour QB with the model wife.

Enough already. The NFL should folow its own rules and not make minor infractions into capital offenses. And the fans and press should drop the lynch-mob mentality. Enough already.
Ross (Durham, NC)
Those were among the damning findings of a 243-page report issued Wednesday by the National Football League, which had commissioned criminal lawyer Ted Wells to look into allegations — denied by team officials and Brady — that the Patriots deflated balls before the game. New England would win, 45-7, and go on to beat Seattle in the Super Bowl. Wells concluded, after nearly four months of interviews as well as a review of texts and security camera footage, that it was “more probable than not” that two Patriots employees were involved in a deliberate effort to break the rules and Brady “was at least generally aware of the inappropriate activities.”
JohnV (Falmouth, MA)
The NBA, the NHL and MLB all have the same exposure to human failings but don't have these problems - because they don't have Goodell.
Michael (Elkton, Md)
The judge is probably a Patriots fan.
Bill Sprague (OutintheCountry)
" ... Brady was not treated fairly and could not be suspended for deflating footballs because he was not aware such misconduct could lead to the kind of punishment he received. ..." I always thought that ignorance of the law was no excuse. I guess that doesn't apply to sports.
S B Lewis (Lewis Family Farm, Essex, New York)
Ah, something is rotten in the state of Denmark.

Ted Wells got millions to give the complicit, the balls were low, and the ethic lower.

But, never mind. This is not sport, this is war.

And the lesson for our children is simple.

Do not tell the truth.
jpduffy3 (New York, NY)
As a general rule, we eschew one person being, judge, jury, and executioner. Goodell acted most unwisely when he undertook all three roles, including, hearing and deciding the appeal of his earlier ruling. That sort of arrogance is strong motivation for trying to bring some balance into the picture. That is primarily what Judge Berman did.
MDCooks8 (West of the Hudson)
This is a very profound and disturbing statement in which another judge is overstepping their authority:

"The fact that you can go to court and get a judge to tell the commissioner what he can and can’t do is extraordinary. It feels there are three parties at the bargaining table: the N.F.L., the union and the courts.”

Is the judges playing with fire concerning anti-trust laws on the other end of the spectrum?

The NFL's collective bargaining agreement with the player's union has been intact how long, yet the judge rules on this basis:

"Judge Berman, in a 40-page decision that the N.F.L. has indicated it plans to appeal, found several “significant legal deficiencies” in the N.F.L. case. He ruled that Brady was not treated fairly and could not be suspended for deflating footballs because he was not aware such misconduct could lead to the kind of punishment he received"

Really judge, Brady or any other player not aware of this rule....what about the phrase "ignorance of the law is no excuse for defense"
MDCooks8 (West of the Hudson)
The next time you receive a traffic ticket, fight it court and use this case as precedent since this judge is basically saying "ignorance to rules and laws" is a defense for your actions.....
codger (Co)
I give up on ever watching pro football again. Maybe live wrestling-it's more honest.
SierraM363 (seifer)
I'll bet the house you'll be back for more
lorenzo212bronx (bronx)
Goodell had no policy in place. He had no care about such things as inflation of balls. His office was negligent in overseeing something that should be monitored each game, and so, instead of fessing up and saying so,, he decides to put the weight on Brady. It would have been a class act for the commissioner to take the blame for his incompetence, and he could have spun it and gotten kudos. Instead, the big head always needs deflating.
Jon (Morristown)
The NFL should quit while it is ahead. It lost on three issues and the Judge concluded that he did not have to reach three additional issues. Adverse decisions on the issues left open would probably drive Goodell right out of office - so the Judge did the NFL a huge favor. Does the NFL really want decisions on: (a) the inconsistencies between the Vincent discipline and the Goodell arbitration decision, (b) the authority to delegate to Vincent and (c) Goodell's clear lack of impartiality before the appeal occurred ? Indeed, I would say there was far more evidence of Goodell's lack of impartiality than of Brady's "general awareness" of anything. (And it is almost impossible to understand how a lawyer like Ted Wells could hold himself out as an independent investigator, testify in the appeal of the decision based on that investigation and act as counsel to the NFL on the appeal. Those inconsistencies will no doubt spawn a myriad of books on conflict of interest.)
HJ Cavanaugh (Alameda, CA)
A number of years ago the NFL gave star quarterbacks too much leeway with game-day footballs. This allowed the QB's to let it be known as to what pressure levels they preferred, and we can be sure those who handled the balls before each game followed these guidelines. Recently the NFL issued an elaborate new set of rules on game-day footballs, effectively reducing any influence from star QB's. They can only hope this new rule does not reduce viewership.
Hannacroix (Cambridge, MA)
To the reader who submitted "Watch the game film" :

Tom Brady has never been a consistent long ball passer. Now, at 38, it's utterly exceptional for him to make a completion over 30 yards in the air.

His coach has spent the last 5 years building and maintaining the short throw, high percentage game to keep him at QB. Yes, it works and wins games.

As far as "# 12 under center" in a big game, the reader from Montreal needs to review NE Patriot's AFC playoff games against the Baltimore Ravens from 2010 on . . . . Against a hard hitting defense, after 2-3 sacks, Brady has very much the "deer in the headlights" look to him. He reacts to ghosts . . .
In short, under a smack down, he folds like cheap suit.
M.I. Estner (Wayland, MA)
Either the NFL has terrible lawyers advising Goodell or Goodell is too arrogant to seek or listen to their counsel. I'd bet on the latter. Berman decided this case on black letter labor law principles, which Goodell violated. Was he getting legal advice?

Berman did not need to address whether the facts warranted a finding that Brady had more probably than not engaged in any wrongdoing.

For the Patriots, its good news; it will be very hard for the NFL to win on appeal. The NFL will need to establish that Berman's ruling is wrong as a matter of established law. That's just not likely to happen.

For Goodell, it's bad news; Berman made him look like the epitome of arrogance that everyone always suspected that he was.

For Brady, its partly bad news: persons who have no meaningful understanding of legal procedure may claim that the decision lets Brady get away with cheating. His only recourse is to bring a defamation suit against Goodell and the NFL. Given Berman's decision, Brady may be able to show that not only has his reputation been damaged but Goodell's wrongful behavior shows Goodell's actions were intentional and malicious, which is the evidence required of defamation suits brought by public figures.

Last, for NFL owners it's bad news; they must decide whether Goodell, having now made them look like fools again, will cost them more money than he will earn them. The smart move is to fire Goodell, withdraw the appeal, and move on.
Shtarka (Denpasar, Indonesia)
Time to challenge the legality of a fake handoff. Afterall, it is a false representstion of one's true intentions
Me (my home)
The world is on fire. Who cares about Tom Brady? What has he done to make the world better?
Grant (Boston)
Roger Goodell’s role as NFL Commissioner is over and soon drawing to a close. With zero credibility he is clearly an embarrassment to the game and has set himself forever apart from the players and fans. To appeal this decision is beyond the pale and is the final straw that stirs no drink.
hoconnor (richmond, va)
Meanwhile, Chris Mortenson of ESPN just reported that Roger Goodell and the NFL office in New York are thrilled that Judge Berman upheld Tom Brady's four-game suspension.
Mike (Santa Clara, CA)
In the article "The Patriots fired two employees implicated by the N.F.L. in the deflation of the game balls."

Note that the little guys get punished, while nothing happens to Brady.
nancy (baltimore)
yep people lose their livelihood but the big wealthy one in charge who told them to do it comes out clean....does anyone really think they deflated the balls on their own???
Peacemaker443 (Santa Rosa, CA)
Ya know, with all that's going on these days, Tom Brady and the NFL are small potatoes. Who cares?
Mike (San Diego)
Nobody likes a Cheater. Way to pull it out, Tom. Good luck getting into the Hall.
nancy (baltimore)
oh he'll get in the the Hall....cheater and all
Steve Witkin (Belgrade, Maine)
Good article, cousin Ken! I was at the game; I actually saw the balls bend in half!
scipioamericanus (Mpls MN)
What a colossal waste of time...but as the comments below, the actions show more about the fans than anything as football is in the same breath as water, air, and shelter.
Bob (Rhode Island)
So many comments.
So few who have read anything close to the number of "deflategate" documents Judge Berman has read.
And if you bothered to read them you'd see why Judge Berman doesn't think the balls were messed with at all.

We all know there's no crying in baseball...if only that carried over to the NFL.
REB (Maine)
Roger not-so-Goodell strikes out again. Seems it was more of a personal vendetta than anything of substance. he's wasted a lot of money (which the money-bags NFL can afford), $2.5 million for a limp investigation that established nothing? An expensive marketing blunder.

In addition to not-so-Goodell, sycophantic sportscasters like Bob Costas can also eat crow.

Other news items have stated that the NFL has finally got their act together on ball inflation policies and who's in charge (the head Ref). Laxity on the NFL's part caused this whole mountain in a mole hill in the first place. Other quarterbacks, including Payton Manning, prefer footballs at the lower allowed limits. The NFL should also keep close tabs on him. For that matter, since I don't trust Jerry Jones with anything, they should also keep close tabs on Dallas.
Gwbear (Florida)
The overtuning of these suspensions was entirely correct. Until two key issues are comprehensively addressed by the NFL, they have no business even thinking of starting this process again:

1) There have been several objective tests of footballs in lab environments by people who actually are highly knowledgable about how gasses work in different temperatures. They show that what happened to the footballs in question is not at all unlikely considering the differences in temperature inside and on the field on that very cold day. Science should rule all here - instead, it keeps taking a back seat. This is entirely inappropriate.

2) Nobody is addressing a very essential truth about high stakes football here that is also based on science. Deflated balls would not by nature be in Brady's or the Patriot's best interest. At this level of the game, EVERYONE is playing at the pinnacle of skills learned over years. Many of those skills are now ruthlessly honed *instinct and muscle memory.* Large changes in the pressure of a ball impact how the ball feels, the grip, travel through the air, and behavior when thrown, received, and kicked. Any ball changes, when the game is on the line, introduces unknown and unpracticed variables. Balls can slip, not travel well, or be over/under thrown in such conditions. There is no player on that field who would not know this, including Brady.
Lawrence (New Jersey)
Notwithstanding that the Collective Bargaining Agreement - which foolishly establishes Mr. Goodell as the sole arbiter of certain alleged player disciplinary infractions - has several years left on its term, there is no prohibition against the parties currently amending it to replace him with a tripartite arbitration panel, with Management and Labor each selecting an arbitrator who then appoint a third, agreed-to arbitrator to the panel. This system would facilitate neutrality and fairness resulting in much less acrimony/litigation in resolving such public disputes.
Betty S. (Dallas, Texas)
Mr. Brady's $45 million Brentwood home and opulent lifestyle are an oft-celebrated matter of public record. The very idea that this scion of plutonic wealth and privilege has somehow been victimized by "unfair" treatment would be laughable but for the fact that the comedy enjoys the sanction of the Federal Bench.

Judge Berman would have us believe that it is not good enough that Mr. Brady, an adult with a college education, be expected to know right from wrong and act accordingly. Judge Berman believes he must receive a specific management memo and signed acknowledgement to the effect in order to be held accountable.

Judge Berman is the poster child for what's wrong with the judiciary. Instead of looking for legal excellence when selecting judicial officers, we look for banal and pedestrian intellects: the better to withstand an increasingly Byzantine hyper-politicized confirmation process.
Kevin Larson (Ottawa)
Tom Brady destroyed his cell phone for one reason - it contained evidence of his complicity in the deflating those footballs. He is a liar and a cheat. Like many celebrities he has escaped justice because he is idolized and no country values its idols more than the US.
Momus (NY)
Or pics of his wife and kids that nobody have a need to see.
Is the phone issued by the NFL, no it isn't so they have no right to see it.
Richard Isaacs (St Louis, Mo)
Let's step back and look at the bigger picture. Does no one care that nearly every time the Patriots (another issue is cheaters being called Patriots) have won a Super Bowl there is cheating or questionable conduct involved? What kind of example does this set for young people. Why is this organization not held accountable for these crimes against fair play. They go above and beyond if your not cheating your not trying. Disgusted with the NFL and not keeping their affairs, players and coaches accountbable. That includes a commissioner that let's three fan bases enter a season not knowing if they have a team next year. That's criminal in itself. Owners wake up, how do you allow yourself to led into such termoil.
Edish (NY, NY)
No one should be surprised when the 2nd Circuit Court of Appeals throws out Judge Berman's incredibly inane decision. Brady had no notice?? See paragraph 15 of the CBA, which is incorporated and made a part of Brady's agreement.

Judge Berman has effectively rendered the CBA null and void. Whether you are pro unions or pro management (I am more inclined to support unions but have represented corporate America for many years), agreements between unions and management must be interpreted as the parties intended. Not as a Judge sees fit.

Attorneys familiar with the issues addressed in this case are laughing at this decision. The Judge, I believe, will be made a symbol of judicial overreaching. And Tom Brady has not been vindicated. Anyone who thinks otherwise does not understand what this Judge has done.
Nancy (Baltimore)
I hope you are right!!
Brooklyn (AZ)
the surprise is that everyone was betting against Brady and that the judge would do the right thing..well not so at the end of the day......the judge went for Brady & not the NFL..like I have always said money talks & Brady has plenty of it.....now that is lesson we all can learn from..cheating has become a way of life in America since this administration came into office.
Query (West)
"Players armed with high-priced lawyers and publicists, and backed by a players’ union led by a former prosecutor, have mined sometimes arcane labor law to argue they were denied due process and to resist Goodell’s self-proclaimed goals to rein in misconduct."

I truly want to know what the NYT policy is on publishing hack opinion pieces as reporting, and why editorial standards that were sacrosanct in 1960 have been thrown away by the heir to the NYT.

armed. high priced. backed by. union. former prosecutor. mined. sometimes arcane. labor law.

what is a poor little multi billion dollar bully monoply to do? Will the poor damsel be saved in time from the high priced lawyers, all powerful union, and evil Due Procss?

Tool.

Goodell, for the hard of understanding, and the NFL, flagrantly cheated to get Brady. Didn't have to cheat, but, maybe it was the only way to get 'em.
Bill Wilkerson (Maine)
Looks like Tommy has bigger problems on the horizon: Giselle is set to dump him and take half of his $460,000,000.00. Lets see you get out of that one, Tom Terrific.
Keeping It Real (Los Angeles)
I do not see Montana or Staubach or Elway or Bradshaw or Graham or Unitas ever getting in to court over cheating. That's all you need to know that Brady does not belong in this elite group of heroes.
vic (carbone)
What a waste of time and money. Who cares? I don't.
Doncx (RI)
Brady knew about the deflation but because he hadn't specifically been told that it might lead to a suspension he had no responsibility to report it?

Whoa. The things I could do...
B (R)
Doesn't matter what happened during the AFC championship game. What matters is that power brokers can't invoke arbitrary discipline based on, literally, no hard evidence. Do I think Brady wanted the balls at a certain PSI level? Yes, I do. Do I think he "schemed"? No. Either way, no employer or organization can make up the rules of discipline after the supposed transgression. This isn't Russia, Danny.
entity.z (earth)
Tom Brady. Lance Armstrong. Barry Bonds. Marion Jones... Frauds, liars, manipulators. Pretending to be excellent, they are all instead ordinary fakers, exploiting gullible spectators for glory and profit.
sam (USA)
3 of them used steroids and one of them didn't. I think we know who didn't.
c. (n.y.c.)
What happened to a private organization being able to set its own rules? It's not like Mr. Brady is becoming a pauper or being persecuted. Such grievance-mongering!
tony (massachussetts)
Question. Cheating of what? The Commissioner has a rule that defines a penalty for equipment tampering (stickum as an example) that is 25,000 to a team, a penalty that was imposed for altering air pressure of footballs on the Vikings over a year ago. 25,000 to an NFL team is the equivalent of a parking ticket at a library. That is the gravity to which the NFL applied this offense. I am betting that everyone on this comment board had no idea there was a rule or couldn't care about anything related to air pressure, and, ironically, the referees treated it just as cavalier. Question 2. Why did the NFL, fans and referees consider this so lightly? Quarterbacks/Teams are allowed to condition the footballs in any numbers of ways before the games. Everyone. For days. Brady said he didn't think he cheated early. He said this because in this cavalier of applications of an unknown rule, he didn't know how footballs could get 2 psi (11 of 12) under the rule. He said this because it was such an extreme amount and he didn't know what equipment guys could have done, responding unknowing to the first of the NFL's many leaks, smears that included owners conspiring, and an investigation parsed solely on selected evidence. The NFL broke labor law, and fans apply names like cheaters for this, and owners conspired because they are dis-attached power hungry puppeteers- all victimizing a quarterback who has been honorable to his game and community. And good. Last question. Who are the cheaters?
ACA (Providence, RI)
The waters here remain as muddy as ever. The court says that Brady's probable knowledge of these the softening of footballs was not enough warrant suspension, but I think most people read the Wells report as suggesting that he didn't just know about it, he instigated it. Still, no one has clearly established that anything at all happened and what if any connection Brady had to it.

I am somewhat relieved to see I am not the only one wondering why we are not hearing more about the people who are actually accused of doing something wrong -- the equipment people for the Patriots (McNally and Jastremski), who were fired by the Patriots, despite the Patriots insisting that no doctoring of equipment took place (see http://www.businessinsider.com/mcnally-jastremski-punishment-undermines-.... Where are their lawyers fighting this? And why isn't Kraft defending them? Brady has enough money that he would be fine if he never worked another day in his life, but two people who really need a paycheck are out of a job while the organization that fired them puts extraordinary effort into defending its marquee ball player by claiming that no one did anything wrong. Nor are we seeing much about them in the newspapers, even though they are really at the center of this. A sad commentary on the unequal world of celebrities vs. expendable nobodies.
MTF Tobin (Manhattanville, NY)
*
*
Shoeless Joe Jackson and Pete Rose need a Judge like Berman to review their punishments as well.

It is laughably easy for a League to publish lists of penalties for at least some offenses, to give players some idea of what may happen if they commit such offenses, or comparable offenses.

But of course, that presumes that the players are humans who deserve basic respect. Owners and their hand-picked Commissioners may view players otherwise.

I suspect Mr. Brady was culpable of the acts and omissions Mr. Goodell was concerned with. But culpability does not always lead to punishment in our society, especially in the presence of a valid Collective Bargaining Agreement or any other binding contract that dictates proper procedures. Bosses must know they act at their own peril when they punish employees for vague offenses. Judge Berman did the only thing he could when he reminded Mr. Goodell of that basic point.
George Jackson (Arizona)
As a long time Pats fan, just have to say, there was a never a chance to persuade the Non-Pat fans. Otherwise what are you ?

It all makes good around the campfire discussion, but in the end, we the Patriot fans, just don't care what you think about our team, just as you don't care what we think about your teams.

Sure - we admire good play anywhere on any Sunday, and we do. Hope you can as well this season. Play ball !!
AC (Minneapolis)
If only the rest of us had such good union contracts!
Mark Stonemason (Sheffield, MA)
Goodell pumped up this fraud with the hot jealousy of Patriot haters all over. But the judge wasn't one of Roger's suckup employees. The Wells Report? Have you read it?

And you Jets fans? You know you'd cut off your right arm to have a 38 year old Brady on your team. Actually you had Belichek there for a few hours. Belichek has SIX rings. Keep your rage up. Bill's going for seven.
Sam (Seattle)
It must feel great to be young; rich; famous; and get away with cheating.

I'd like Brady to try explaining this in a meaningful way to his children some day.
Tom (Arlington)
"Children... you are Americans....therefore you are entitled when charged with misconduct to be judged fairly and impartially. If you are, instead, railroaded by a kangaroo court with it's own unfair agenda, you, as a citizen are entitled to seek redress from our nation's judiciary. An institution founded by the founding fathers to protect our lives and our liberty. That is one of many reasons you are truly blessed to be an American."
D'town Boy (Htx)
I work with two ex pro football players and they said the best. It's all about the money. NFL spent 2.5 mil on this disgrace!
Geezergeek (Up North)
Sad to say but it wasn't just nfl money. It is our tax dollars funding court costs then they will raise ticket prices to cover their legal expense. All so the 32 rich owners can make even more money.
JDLawyer (Vancouver Island)
Very disappointed in the decision. Brady knew and, even if he didn't directly order the deflation (which is uncertain) certainly acquiesced in the resulting favourable feel of the balls. He's on record as saying he likes them soft. So all of this is is consistent with an intent to tilt the playing conditions that both favoured Tom's preferences and were outside the prescribed pressure range. This is the sort of outcome that brings the administration of justice into disrepute. He didn't know he'd be suspended for breaching the rules? Try and keep a straight face. I agree with JSD - when cheaters don't win outright, they litigate.
KarlosTJ (Bostonia)
As Judge Judy always says: "You don't know what someone knows, so don't talk as if you do."

Cheaters: People who have no facts, yet pontificate without them anyway.
spiris333 (<br/>)
Goodell appears to be the village idiot in this debacle because he didn't have actual proof that Brady was involved, and now he wants to waste more time and money doing the same stuff and expecting a different outcome.
It's time to play football!
DonJr (Houston)
Good post.
Goodell overstepped.
mikenh (Nashua, N.H.)
Just another reason why parents should always encourage their children to steer clear of sports and look for other more worthy individuals to emulate.
Robert (Cleveland, Ohio)
Just another reason not to watch this over-hyped sports league that is unable to protect the competitive integrity of the game. The judge's decision is a poor one judging from its reasoning. But perhaps it will lead to many folks tuning out professional football. If you are a big star with a prominent team and influential owner, you get to cheat. and pay no price. Pretty simple. Tune out.
Mike Baker (Montreal)
Watch game film. Brady's accuracy is every receiver's dream come true. His reads spell trouble for the stoutest of defenses. No one-season wonder - he's been doing this since he got his first start. And when a big game situation is on the line, I want #12 under center. Focus as tight as his spirals.

Let's see: put a deflated football in the hands of most every other qb and let's see if his decision making and/or accuracy get any better. Which one would you bet on to bring home four super bowl trophies?

It's all in the game film. The ones that resemble highlight reels. Brady's.
Bill (Denver)
Now that is hero worship!
C F Boyle Jr (SC)
Most of those who post comments take cue from the general American electorate - opine (and then vote) based upon sound bite rather than fact. I'm a retired trial lawyer who has read the full record of NFL v Brady as it accrued. At every turn, the NFL has, intentionally and with malice, supplied wide spread patterned misinformation, engaged in outright fabrication of fact, intentionally withheld exculpatory evidence, denied Brady notice of the charges for which he paced punishment, denied Brady the right to cross examine crucial witnesses, and acted as biased charging witness, prosecutor, judge, appellate judge and executioner - all to satisfy the ego and misguided agenda of a corrupt, incompetent Commissioner. If this debacle had occurred in the context of the criminal process, the prosecutor would have been disbarred and the defendant publicly exonerated by the assigned judge. Judge Berman took the expeditious, correct path in deciding the case without airing all of the ugly truth inherent in the NFL's malicious misconduct. Bravo for due process and the rule of law.
Marie (Boston)
C F Boyle Jr's comment should be a NY Times pick!
Jeff (Chicago)
The ruling is silent on guilt or innocence but says the penalty imposed is not allowed based on the contract between the players and the NFL. The judge also said he didn't want to rule on the case and tried to get the parties to work out their own compromise. But then he was forced to rule on it.
So the NFL can still find him guilty and impose an allowable penalty. The Patriots already agreed to a substantial penalty. Those are the facts. Everything else is opinion.
Tom (Arlington)
actually, no. The decision says the process of deciding that anything wrong even occurred was flawed.
James (Boston)
Really? Everyone wanted a judicial precedence set that if an employer asks an employee to hand over his personal cellphone he must do it or face repercussions? A lot of people seem to think this is an NFL vacuum and not a federal case about collective bargaining and labor laws.
David Gifford (New Jersey)
The fact of the matter is that no wrong doing has ever even been proved. All this was a leap to an assumption of guilt with no actual proof. Whether you hate Brady or not, we Americans don not approve of convicting people on just an opinion.anyone who has read the conservative think tanks rendition of what may have happened can surely see Brady is most likely innocent and this was all a witch hunt by the haters.
treabeton (new hartford, ny)
The NFL goes from folly to folly.........to domestic abuse, to cheating, to targeting quarterbacks for a price, to brain damage........what's to like about thie "sport"?? Give your son a golf club. Nothing is worth brain damage.
Brooklyn Traveler (Brooklyn)
This is why I love sports.

A whole bunch of grown ups arguing passionately about some under-inflated footballs.

Who cares?

There are refs who are in charge of making sure the footballs are legal and that the quarterback doesn't throw, say, a banana.

If the call was blown, they blew the call. They've been doing it since the beginning of football.

It's football people. Movie stars having affairs? I'm shocked. Just shocked! Round up the usual suspects.
Jim Baca (Albuquerque)
Guys rotting in prison waiting for a court date....but NFL goes to the front
of the line.
SM (NYC)
"[Judge Richard M. Berman] sided with Brady’s argument that 'there is no evidence of a record of past suspensions based purely on obstructing a league investigation.'"

Translation: nobody has ever been suspended for obstructing a league investigation [into cheating]. Why now and why me?

THAT, dear readers, painfully reveals the lack of integrity and low character of Brady, the Patriots, and the judge.
Tom (Arlington)
now, kindly, read the REST of the decision.
RPE (Portland, OR)
Strikes me that Commissioner Goodell has singularly surpassed all others combined the past 18 months in bringing the integrity of the NFL down though high handedness, lack of action, lack of consistency and lack of judgement....perhaps it is time that the Owners sought to discipline him!
owlafaye (NW USA)
Tis meet and just.
Tom (USA)
Brady and the Patriots will be forever known as cheaters and liars. Your reputation is ruined and unfortunately other teams will still have to play against you never knowing what you are cheating on this time. It seems that while the commissioner has no rights to require requested evidence, he must go before a court to attempt to prove his case. The feds should have said no, this is not our responsibility and left it alone. But these day that will never happen. It is a sad day for the fans but we still look forward to an exciting season even if the cheaters are still out there.
PH (Near NYC)
The Pats should not cheat more often. It appears the balls were reinflated by officials at halftime in that game, and the Pats scored 21 unanswered points in the 3rd quarter w/Tom doing quite well. That and the AEI analysis make one wonder about all the hubbub.
RDS (Greenville, SC)
People should be more concerned about the NFL's cover-up of the head trauma issue than this.
Rae (New Jersey)
Ah but that doesn't involve hating Tom Brady.
Rae (New Jersey)
This was a response to someone who wrote about the issue of head injuries in the NFL and why isn't more attention being paid, not a general comment.
John Brady (Canterbury, CT.)
I am really disappointed seeing so many negative comments posted in the NYT about Tom Brady's situation. What everybody is missing here is that the Giants had obviously resorted to witchcraft in their two Super Bowl wins over the Patriots. Yet no one brought charges against them for dabbling in the black arts. In fact I didn't see one comment in the NYT decrying such behavior. Certainly the Patriots moved on. So should the NY fans who are continuing to grouse about a few ounces of air and the absurd idea that that's all it takes to be a winner. Maybe in Donald Trumps world where hot air is everything. Not in football. But what about the future of teams trying to get an edge in the NFL? Pass catchers catching footballs using long poles with nets attached? Surely there could be an exception made for the Giants and Jets. Especially when they play the Patriots. For Buffalo, not so much. After all Rex Ryan in the Super Bowl? That would lead to "Inflategate" and we'd need an injunction for mercy.
Bob (Long Island)
I was not aware the NFL prohibits witchcraft. Where in the rule book does it say the black arts may not be used?
David H. Eisenberg (Smithtown, NY)
Amazing to me that anyone would call him a cheater without having read any of the documents. I guess it's easy when it is someone else.

The men who have vehemently argued with me today that he was guilty are admittedly Jet fans and the one woman (my girlfriend) mixes up baseball and football and was told by others he cheated. None read the so-called "independent" report (edited by an NFL employee), or Goodell's decision or the judge's decision. Have you read them? Tell me the evidence.

Maybe he did cheat and I will never know. Maybe he or you or I are axe murderers. But, there is no evidence of it. In fact, even the report only found it "more likely than not" that he was "generally aware" of it and the NFL admits there was no direct evidence. But there is no real circumstantial evidence either unless you count he was the QB. And then - really? That's the evidence?

Pretend for a minute there was evidence of general awareness - As the court noted, there is no penalty ever given in the NFL for awareness of someone else's misdeeds. And the penalty for equipment violation was somewhere between a $5-6,000 fine, not suspension.

Last thing and then you can let me have it. He only destroyed his phone after his attorneys were told it wasn't needed. If you were a celebrity, you'd be wise to do the same and your friends would thank you. The NFL had all the texts between the three "suspects."

Mr. Brady, you are an inspiration.
George (Concord, NH)
Not one ounce of proof that Brady did anything wrong but all the envious haters will believe what they want to believe and disregard the rest. It was obvious from the start that Goodell was throwing out red meat to all the Patriots haters so that he could regain some measure of popularity back after his mishandling of the Rice and peterson cases. Thank God we live in a country where "probably being generally aware" of wrongdoing is not enough to take away a person's liberty or livelihood. The fact that the punishment far exceeded the unproved crime did not seem to bother anyone either. The best revenge would be to actually beat the team on the field rather than hoping to take away the teams starting quarterback on such flimsy charges. You can complain till you leave this earth but I will take great satisfaction in the fact that I have watched the Patriots win four super bowls and Tom Brady win 3 MVPs and both Brady and Belichick will both be enshrined in the Hall of fame someday.
buelteman (montara CA)
One more reason to turn away from the violent spectacle that is the NFL. The fact that he is a friend of Donald Trump says it all. Wait until the Concussion movie comes out!
adrienne rourke (<br/>)
Being a New York Giants fan, all I can say is we kicked his butt twice.
robert (phoenix)
How did you do last year?
Suzzie12 (NOLA)
Sean Payton, New Orleans Saints head coach, admitted to wrongdoing under his watch and took his one year suspension like a man.
CFXK (<br/>)
and i guess your image of a man is someone who submits to an arbitrary and capricious ruling by another.
R Appleton (Massachusetts)
Sean Payton's wrongdoing was bribing his players to maim opponent players. Not quite as minor an offense as POSSIBLY being aware of other team employees who MAY have softened the footballs SLIGHTLY below the minimum required pressure (a proposition that seems not to be entirely supported by the evidence). Morally equivalent? Most rational people would disagree.
Stuck in Cali (los angeles)
I guess cheating pays off. Too bad, I used to like the NFL,no longer care, and hope LA does not give in and get a team.
Virginia (Cape Cod, MA)
Brady won a game the Patriots were heavily favored to win by having footballs inflated...and two weeks later won a game - the Super Bowl, no less - in a game much closer with a much less sure outcome, without having the balls inflated?

And this has had people's attention rapt and many calling Brady a cheater? Doesn't make sense.
Virginia (Cape Cod, MA)
Oops. I meant "deflated".
WK (Santa Barbara, CA)
I've heard of jury nullification, but judicial nullification is a new one on me.
John (Cape Cod)
Commonsense prevailed over nonsense. There was no evidence that the balls were deflated, no evidence they were tampered with, no evidence of Brady's involvement, yet the incompetent, unprincipled, biased Goodell speciously decreed the harshest punishment in the history of NFL. Based on the league's lies, distortions, and leaks, not to mention its laughable "independent" investigation, Goodell should resign in disgrace and Ted Wells should take up some profession he's more qualified for.
Robert Dana (NY 11937)
There was plenty of evidence. You just dispute whether it was probative. Your right to do so; but to say there was no evidence undercuts your credibility on the issue. Do any New England fans look at this issue in an unbiased manner? It's getting old.

Looking at this objectively --

Brady probably cheated. He probably lied about it. Two of his fellow employees lost their jobs because he didn't do the right thing.

Then, he obfuscated the process culminating in the destruction of evidence. He then took up valuable court time to void portions of a collective bargaining agreement to which he was a party; i.e., he went back on his word.

And, in the proceeding he argued that he didn't know or think cheating or impeding an investigation had or should have negative consequences.

And he's a role model? He's a stand up guy? Under any reasonable measure - no.
frankly 32 (by the sea)
The judge has taken leave of his common senses.

Who benefited from breaking the rule? Who preferred footballs soft? Who gave the equipment boys little gifts? What team has so drastically reduced its fumbles? Which team has a history of breaking the rules?

And the big question: "If Tom Brady was innocent, why did he destroy 10,000 messages -- material evidence that could have proven him innocent, if he were?

Now I can understand how the fans of New England can swallow this nonsense hook, line and sinker -- Japan still can't own up to what it did in World War 2 -- but a judge in New York? Almost Inconceivable.

All this drama just blackens the Patriots and the NFL.

So Tom, Bill, and Krafty: How do you like your legacy now?
John (Boston)
The problem with your argument is that any lawyer would have advised him NOT to give up his phone. The league (any employer for that matter) has no right to ask you to provide personal information like your phone.
And frankly 32, did you fail to see the discussion about how Brady offered to provide that information outside of his phone, but the investigators choose not to do so?
Dude, I wouldn't give my employer my phone regardless of whether I was innocent or guilty. I know, I know; if you had nothing to fear why wouldn't you? Well, because frankly it is a slippery slope and I and you and everybody else has rights, and we are far too quick to let the Republicans and Democrats chip away at them.
Also, given what happened to the data on Bret Favre's phone when he gave it to the league, Brady would have to be an idiot to hand it over; anything on it would be on the 'net within the hour.
Tom (Arlington)
They like their legacy just fine.

How do you like your legacy of jumping to unfounded conclusions and believing rumors from biased sources?
frankly 32 (by the sea)
Tom and John:

I'm sorry this is such a sensitive subject for you patriots and I can't imagine your anguish at scanning American media now and finding all these photos and cartoons (one with Tom at a blackboard writing "Cheaters Never Prosper" a hundred times).

Just chock it up to our need for a football story on this American Life to help pass the time, whether it be a dark one like OJ's or an idyllic one like the feature on Bart Starr and his family that ESPN the magazine just featured.

They make us laugh, they make us cry...
Dustin (The Wind, KS)
Is this equivalent to me doing something at work that my boss doesn't like, but me getting away with it because it wasn't "specifically" written in the rules? Hello, paper airplane contest...
Tom (Arlington)
Yes Dustin. You understand the ins and outs of this better than the Federal Judge who heard from the parties three times orally and read their legal briefs. Maybe you should apply for a judgeship.
Logan S (vegas)
Why are my tax dollars being spent on this?
John (Boston)
Because the league over-reached, and the only recourse the union and player had was to head to court.
Bob (Rhode Island)
Because it's a worker's right case.
Just 'cause Tom's rich doesn't mean he doesn't deserve justice.
And justice he got...finally.
powcp (San Francisco)
Destroying evidence should be penalized at double the rate of the actual crime itself. That might actually deter this kind of charade over and over again.
John (Boston)
Help me understand; what CRIME was perpetrated here? In fact, what actions were actually PROVEN to have occurred?
If your standard of evidence is the scuttlebutt running around on the internet, or if you've read the Wells report and think it proves anything, God help us if you wind up on a jury.
Michael F (California)
It's very clear that Roger Goodell is willing to go the distance to use Brady as a tool for self preservation. No reasonable person with the evidence presented would have handed down any penalty.....no evidence was linked to Brady, pure and simple. Self preservation by Goodell.
MDF-NYC (<br/>)
The league should never have gone after Brady, but rather the New England Patriots. The correct punishment would have been been to vacate the Super Bowl Championship. Declare Seattle the NFC champion and Indianapolis (who lost to New England in the AFC Championship game - the game in which the footballs were deflated) the AFC Champion.

That would have been justice.
Katmandu (Princeton)
Find a liberal District Court Judge, and you can get away with anything these days. And, it's okay to cheat.
Ben (NYC)
Using this legal tactic, Brady all but admits he was fully aware that his staff was deflated the footballs. Now, the question is whether the NFL can do something about that AND (BIG AND) how NFL fans will take it. If we are all complicit in this, we (as in the collective American society) are saying that it is okay to take advantage of a situation that you know is 'illegal' or violates certain rules, even if you did not perpetrate the actual violation. So, if I know my friend hacks into my bank account and adds a few hundred thousand, and I don't report it, who can blame me for spending it? And then I should be free NOT to go to jail or pay for the problem because even though I was aware of it, I didn't do it. It's a risky social contract!
Casey K. (Milford)
"tactic" You better read the judges decision. Their was no "tactic" their was just honesty period.
Tom (Arlington)
Ben- he denied it under oath - risking perjury charges and the loss of his career. But you go ahead and think he admitted it.
Bounarotti (Boston. MA)
Isn't the real question why Goddell decided to try to crucify Brady over a suspected infraction that the league couldn't come close to proving by imposing a harsh suspension contrary to precedent. Precedent would have dictated a warning to the team. This all smacks of personal vendetta of some sort. Or something else. It really doesn't pass the smell test.

While the court didn't get to the underlying facts of the case, when one reviews Brady's team's rebuttal of the Wells report it is patently obvious that this was all smoke and no fire. The entire referee procedure for both initially inflating the balls and then checking them at half time was about as unscientific and inaccurate as you could get and goes a long way toward scientifically explaining the small drop in Patriot's balls PSI.

So with a weak case so full of holes you could drive a truck through it Goddell decides to go to the mattresses. It just doesn't make sense. There is more to this story on the commissioner's side than meets the eye.

"More probable than not" that he was "generally aware" is a pretty weak case on which to destroy someone's hard-earned professional reputation. That's the sort of case you build when you've got nothing in the way of real evidence. I wonder how many of the Brady haters out there would like to have their professional reputation smeared on such flimsy "evidence."

Why are the haters loath to admit that the Patriots are a great team that doesn't need to cheat to win?
John (Boston)
Amen, brother.
Samuel Y. Shu (On the road)
Goodell's NFL filed the case, a case where the overwhelming majority of similar ones favor the arbiter. They chose the court, a court in New York, arguably the most friendly place for the Patriots, a court where 66 of the last 68 cases went to management against labor. Yet, they lost. And they did not just lose small, they did not just lose partially. They lost the whole shebang, with a big bang.
Yet, some people here still console themselves by saying that Brady still cheated and the judge was biased, in spite of all the obvious evidences to the contrary.
No, it was the league office that cheated, that lied to us by creating, and not correcting for five months, a falsehood that 11 of 12 balls were deflated by two pounds. Those liars are the known felons in this brouhaha.
If there is anything that's un-American, it is first and foremost Goodell acting as prosecutor, jury, judge, executioner, all rolled into one and refusing to even think of the possibility that he may be biased and deadly wrong. America is about checks and balances, America is against conflict of interests, all tenets that have been eroded, mostly because capital has been able to find cheaper labor abroad.
In this gloomy world of capital and management running amok in wanton disregard of law or decency -- think of Goodell's smarmy face and $44 million salary and the owners stadium heists, Judge Berman has delivered a small victory to the downtrodden, however unlikely a representative Brady is.
John LeBaron (MA)
It took a long time for sanity to prevail. Whatever Tom Brady knew, or did not, about ostensibly-deflated footballs, "more likely than not" is an absurd justification for such a draconian punishment from a serially inept Commissioner.

Roger Goodell deemed Brady's unsubstantiated infraction closer to a capital offense than a video of another player cold-cocking his girl friend and then dragging her from a hotel elevator and dumping her in a hallway. Go figure.

www.endthemadnessnow.org
Logan S (vegas)
The NFL should be handling these types of decisions. Not courtrooms built with tax dollars.
Tom (Arlington)
If the NFL could "handle" these decisions with an ounce of competence and without overbearing unfairness and childish and biased behavior, the Court WOULD have stayed out of it.

The point of today's decision is that the NFL couldn't do that.
robert (phoenix)
Are you aware of the fact that it was the NFL taking it to court?
R. H. Clark (New Jersey)
Judge Berman got it right on the contractual issue, but let us not lose sight of the fact that there was cheating here. Cheating appears to be a systemic issue with the New England Patriots.
John (Boston)
Where? Where did anybody actually PROVE anything? All the "evidence" was speculative and nothing definitive.
GuapoRey (Boston)
The 'fact'?
I haven't read any facts. Plenty of speculation about what may have happened.
The league started this in the squishy court of public opinion, but wound up over their heads.
The law supercedes PR.
Tom (Arlington)
You say "there was cheating here."

The Federal Judge (first impartial person to consider the issue with full info) says that NO fair process has EVER determined that "there was cheating here."

I think between you and a Federal Judge, I'll go with the judge.
W.A.Spitzer (Faywood, NM)
I wonder. The ruling was that Brady as a contract employee was dealt with by Goodell in an arbitrary manner. However the ruling doesn't affect the ability of the NFL to punish the Patriots as a franchise. Suppose Goodell told the Patriots that if they played Brady in the first four games the franchise would be punished by losing their next first round draft choice? Would that not circumvent the court ruling?
Steve (CT)
It's unfortunate that the federal courts can't hand the NFL their own brand of justice and have Judge Berman handle their appeal. Or can we at least double down on this one and have Goodell agree to step down if he loses the appeal?
Ogyu (Chicago, IL)
"“They hate us ’cause they ain’t us.”

Actually, we hate you 'cause you are you.
Jeff M (Middletown NJ)
So the judge is saying that Brady is innocent because he didn't know what he was doing was wrong. That he had no reason to believe that underinflating footballs was cheating. Why would the league have a PSI level that the balls must adhere to, and why would Brady and his minions go to such extremes to cover his tracks? Fumble, Berman, and the Patriots recover.
John (Boston)
That is not what the judge is saying at all. All he is saying is that the hearing provided by the league and the process used by the league to administer discipline was flawed, unfair, and not supported by the alleged behavior. He never weighed in on whether the facts were proven.
Get your facts straight; it has been widely shown that the report that the footballs were significantly underinflated was a lie (the real cheater being the person in the league office who leaked it) and the league let the bogus lie float around for 9 MONTHS.
GuapoRey (Boston)
You still don't get it. The judge did not find him innocent. Didn't even find him not guilty. He simply vacated Goodell's suspension ruling, based on the NFL's behavior.
John Smithson (California)
I don't like Tom Brady, but I'm glad he won this case. You can't punish someone if you think they did something wrong but have no evidence. That's un-American.

Especially something like this. Deflating footballs is not the type of thing that calls the integrity of the game into question. It hardly matters.
Charlie (Flyover Land)
Judge Berman doesn't care about justice. He mostly just wants to take care of his good buddy, Bob Kraft.
CFXK (<br/>)
and you evidence for this is what?
Tom (Arlington)
Evidence they are buddies?
frederik c. lausten (verona nj)
Brady looked like the cat that swallowed the canary walking out of the courthouse. I hope the opposition players deflate his ego this season.
Ross (Durham, NC)
Something is very wrong when a professional sports player can cheat to win and a Federal Judge lets him get by with it. Brady admitted that he knew his game balls were being underinflated. Roger Goodell should at least have the authority to take away the win when a team and players cheat to win. For shame, for shame. You have to lose faith in the system when this kind of stuff goes unpunished.
John (Boston)
WRONG. Brady has always maintained that he had no knowledge of any manipulation of the game balls. So, if you're going to make a statement of guilt, get your facts straight.
Tom (Arlington)
Ross, perhaps you should read up. Brady denied under oath that he knew anything about it.
Tom (Arlington)
No Ross he made no such admission. In fact he testified under oath that he did not know that the game balls were underinflated. I lose faith in your comment when you don't know the basic facts....
Joe Scapelli (Pa.)
Cheater. Always was, always will be. Judge's decision on whether NFL had authority under CBA to suspend doesn't change that.
Tom (Arlington)
Joe: the judge held that there has never been a fair determination that there was cheating. So you can believe what you choose but understand that your belief has been determined to not be founded on any fair process....
JSD (New York, NY)
Patriot fans should consider what they are buying into here. From this point forward, this is what you are going to have to deal with:

"Woohoo... Brady just connected a 40 yard pass."
"Yeah, but he cheats."

"Alright. Touchdown!"
"Yeah, but they cheat."

"They won! They won! 21-20!"
"Yeah, but they cheat."

"Patriots are back in the Super Bowl!"
"Yeah, but they cheat."
nkh (Boston)
Yeah... but they won.
Casey K. (Milford)
All that does is show how slander an defamation are real crimes.
CFXK (<br/>)
Did you happen to see the score the the "deflategate" game, and when the scoring took place?

No. I thought not.
Big J (California)
This was a non-issue from the get-go. Methinks this story would've never gained traction if the season were actually in full swing. I'm sure every team in the league smoothes over the sharper points of the rules, written or otherwise, to gain an edge. I would be disappointed by ball deflation, if I were a Pop Warner coach, but we're talking about the NFL, not Ned Flanders' pee-wee league. Let the games begin!
Thom Boyle (NJ)
I'm not a fan of the Patriots, or the game....but if the two idiots who got fired feel so strongly about Brady, I guess they at least got what they deserved.
The Patriots during this era and Brady will always be remembered as cheaters
Tom (Arlington)
Thom: yes. regardless of whether they cheated and regardless of whether they ever got a fair hearing, people who rush to judgment and believe what they wish will "remember" the Patriots as cheaters. That's way more a comment on the people doing the "remembering" than it is on the Patriots or Brady.
PE (Seattle, WA)
I think this ruling will infuriate fans outside of Boston. Brady should expect to hear "cheater" rants from the fans. Away games will not be easy for the Patriots.
Tom (Arlington)
I'm sure Brady is shaking in his Uggs boots about hearing such a devastating chant.

He's not really good under pressure, you know.
Tom (Arlington)
PE: that will put Tom Brady under pressure and we all know how poorly he plays under pressure.
Robert (CT)
Isn't a deflated football easier to catch, as well as grip for a throw? The incidents don't add up. Why would anyone even think to do this?

I'm not a football fan. Haven't watched a game in 40 years.
In the Patriots-Colts game, the inning ( is that what it's called?), where the ball was allegedly under inflated was intercepted by the Colts and won. The Colt player stated he felt nothing wrong with the ball and only gave it to the coach for a souvenir. The colt player didn't think anything of it until it made the news. Assuming a 1 psi or so under inflation makes any difference ( I assume it doesn't sail through the air as well either), the fact that the opposing player noticed nothing wrong- doesn't that have real value?

And then, after the balls are double check for the next round in the games, the Patriots win by a huge margin? I guess the colts lost their advantage for interception? JK

The whole episode makes no sense or logic as to how it affects a real game. Seems mostly a media play. If I was a football and tossed around so violently, I'd lose a few psi as well.

Just my observations.
Hot Showers (PA)
"ruled that Brady was not treated fairly and could not be suspended for deflating footballs because he was not aware such misconduct could lead to the kind of punishment he received."

Well, then the next creative attempt by the Patriots to cheat can't get punished either......
Tom (Arlington)
that's only one snippet of the decision. Just ignore the part that says Brady was "convicted" based on a fundamentally unfair process. Just sweep that part conveniently under the rug.
TJW (New England)
Let's say Brady knew the footballs were slightly under-inflated. Maybe he even said something to the equipment guys about the refs over-inflating the footballs, and that those guys need to bring the pressure down, at least a little. Let's say that happened. Punishment should have been a $50K fine for the Patriots organization--payable to some charity--with a warning that a future infraction will result in, say, a fine of $100K and loss of a draft pick. Especially since they had no direct evidence to implicate Brady. Let's face it. This was a witch hunt, plain and simple. And Goodell and the NFL, along with a few bizarrely bloodthirsty media guys, duped the country into thinking this was some sort of unprecedented scandal. Play ball.
Richard (Denver CO)
maneuvers such as deflating the ball are a standard part of a plan to guarantee covering the spread. You have no idea how much is at stake.
Richard (Denver CO)
The goal of a favored team (which the Patriots invariably are) when deciding to deflate the football is to guarantee covering the spread. "The word" passes quickly to the right people.
michjas (Phoenix)
The judge ruled that the NFL lacked substantial evidence of wrongdoing and that the thin evidence against Brady was insufficient to warrant his suspension under the collective bargaining agreement. Judges who aggressively enforce CBA's are typically Democrats, and Berman is indeed a Democrat. This case limits sanctions that can be imposed by employers on their employees. It is good new for worker's rights at a time when such rights are under attack. You may oppose the decision as it applies to Brady. But as it applies to all workers, it is very good news.
Jdcolv (Minnesota)
I believe that your first sentence is erroneous. Please read the opinion and evaluate. While I support worker's rights, I am not certain that it is good for workers when unconscionable conduct is protected on a suspect procedural basis.
Mona Lisa (At a computer)
Just because the NFL office is a circus doesn’t obstruct from the larger point: None of this really matters. Brady is a puppet for the NFL and NFLPA. Brady will never clear his name, it will be associated and tarnished with the word cheater, FOREVER. It is what it is. Believers and non-believers will hold "their truth" on this issue. Move on, nothing to do to change what it is, whatever it is.
Rudy Ludeke (Falmouth, MA)
After reading many of the comments I realized that there is considerable parallelism with Patriot haters and the conservative wing (really the vast majority) of the GOP, the Obama haters. None of the members of these factions consider facts, nor do they consider the principles of fair play and not guilty unless proven. Instead, in their enmity and envy, they spew their malice and loathing with feigned alarm and moral rectitude.
CFXK (<br/>)
and, you forgot to add that Brady has yet to produce a birth certificate....
Jason (Cambridge MA)
The league erred when it assumed that the Patriots had cheated, based on rumored ball inflation levels that turned out to be factually wrong. Many times readers make this same mistake.

If you inflate a ball to 12.5 PSI at room temperature (72F), then get it wet and put it in a room with a temperature of 52F for 90 minutes, the ball is going to lose MORE pressure than the Patriots' balls lost

This isn't an opinion. It is a scientific fact, and is easily verified at home when the outside temperature obliges. It is embarrassing to see so many supposedly educated readers insist on an anti-scientific denial of readily demonstrated physics.

If anyone on the Patriots altered those balls, they must have ADDED air.
belichick (Novato, CA)
Facts are difficult for people to analyze. First, and most important, is that we have never seen a record of what the supposedly deflated football pressures were. There were supposedly 12 balls measured for the Patriots, none of which was below 12.5 psi after the misinformation put out by the NFL was exposed. Only four balls of the Colts were measured at the same time and those were also at about 12.5 psi. One cannot measure the balls for one team in the stadium atmospheric conditions and only do one third of the other teams' balls in the same atmospheric conditions and expect to have a good case to prove someone deflated balls. Judge Berman alluded to the poor science in the case and not one of the doubters will read this and accept that no balls were deflated intentionally. You can't prove it by just saying you believe The Patriots are cheaters. The judge used logic and facts and arrived at the correct decision: The NFL management is corrupt and they are the cheaters.
Jdcolv (Minnesota)
Suggest you go back and read the opinion. For purposes of the decision, the judge accepted the facts as presented. The decision was based on the procedures followed by the NFL, NOT ON THE UNDERLYING FACTS. I would suggest that the judge's position that Brady was not adequately notified of potential penalties, including suspension, for his participation in/knowledge of the deflation and/or refusal to cooperate/destruction of evidence ( which were included in the accepted facts) will be difficult to sustain on appeal. Would it not be poetic justice if the judge's decision was overturned in December and the suspension reinstated for the last games of the regular season/first games of the post season rather than the first four games?
sanelogic (IL)
Someone really needs to figure out whether the court system is in charge of the NFL, or the NFL is in charge of the court system. These two things really need to be mutually exclusive.
Tom (Arlington)
Yeah, no. What private business do you know of that is not subject to a Court of Law?
Rosemarie Barker (Calgary, AB)
Robert Kraft and the New England Patriots were coerced into paying a $1 million dollar fine in addition to forfeiting a 2016 first-round pick and a 2017 fourth-round pick. Roger Goodell bamboozled the media and it was evident too many NFL watchers don't read to determine the facts. The false statements meant to deceive were Goodell's axe to grind - but the BIGGER question is - WHY manipulate the scenario to cast a shadow on Tom Brady and the Patriots? The song goes, "Haters will Hate - Shake it off." The entire scandal was one of smoke and mirrors strategy and not a shred of evidence. of anyone doing anything to tamper with the PSI levels of football.
james davisson (maine)
This whole scandal has been perplexing. Why would the NFL go after their most model citizen on a flimsy possibility that he might have been "generally aware" that someone might be underinflating balls? Why would they give him a four game suspension (a million + dollars) for an infraction that would normally bring a $25k fine? Why would they say they didn't need to see his cell phone and praise him for being cooperative and then cite him for destroying his cellphone and being uncooperative? Something very different than deflating footballs is going on here and I suspect it was obvious to the judge and will be obvious to the appeals court.
NI (Westchester, NY)
Cheaters never prosper - at least that was what my mother kept telling me. But I guess my Mom's idea of of fairness and good behavior has become totally outdated. Cheaters prosper and how !! And more so, if they are rich and famous. The judge's logic that witnessing misconduct, not reporting it to the official is fine because he did NOT know the punishment for this willful ignorance. So keep insisting you don't know what the penalty would and keep on cheating away!! I sincerely hope he does not get crowned into the Hall of Fame. Now I'm wondering, if it would be same, if it were one of the Colts.
Roberts (Boston)
He was by no means innocent but the undercurrent of the ruling is that this was handled very poorly by the NFL from the moment the first ball was taken out of play and subsequently was way overblown.

The analog in baseball is a pitcher doctoring the ball or a batter corking his bat. Here we are 10s of millions of dollars later for a misdemeanor.
Cody McCall (Tacoma)
I find it intriguing that one name has not come up in all this: Belichick.
thcatt (Bergen County, NJ)
Dear too-many commenters here:
Just a reminder, Tom Brady is a quarterback, not a kicker. How such a (supposedly) miniscule amount of air loss in the balls, that the Patriots were using, amounted to cheating where the quarterback is concerned, escapes me. The officials on the field handled the same balls all game long and nothing was noticed by any of them. The difference between the Pats passing game and their rushing yardage was less than 50 yards! LeG Blount himself ran for 150 yards, mostly in the 2nd half. That's how a very disgruntled Colts team was beaten that day; and rather badly at that.
I hope I live long enough to see the kids of today look back at this ridiculous episode of NFL history, later on in adulthood, and curiously ponder how it all could have possibly come to this. Commissioner Goodell, you're no Pete Rozelle.
Ed (Jones)
The disgrace - I can't believe all the hand-wringing about BradyGate - is the NFL itself, making it up as they go along, unmindful (for good reason) that they are NOT a law unto themselves.

We happen to have a pretty good "criminal" thresh-hold (guilt beyond a reasonable doubt), ... and even though this fracas was fought under significantly different rules, in a nation of laws, "Something doesn't smell right" or "I wish *I* was married to a super-model" or "They've done other stuff, so we simply have to punish them this time" ... all don't cut it. Maybe, some of the "toughies" out there, whup their whelps "on suspicion." Everybody else does well to think before they pontificate.

In corporate America (see Sony), this kind of screw-up results in the top guy walking the plank.

THAT would send just the right lesson to kids & grown-ups, both!
Warren Kaplan (New York)
In this day and age in the good ole US of A did ANYONE expect a different outcome. "Money" sits atop Olympus and rules all it surveys. There's too much money to be made with Brady playing and too much money to be lost with Brady on the bench for 4 games. So, its a no brainer. Suit up for opening day and all is forgotten and forgiven.

Why do they have rules anymore. Rules are for the "other guy". Never for super stars (gee how did they become super stars steroid guys) and they are winked at when there is big money to be made.
Richard (Los Angeles)
Brady was complicit in the cheating. Perhaps it was even his idea. In any event, no amount of "lawyering" will convince me that Brady is not a cheat.
Tom (Arlington)
Yeah, you've made up your mind. A judge has now ruled that there was never a fair determination that anyone cheated. But you won't be convinced. I suspect that is because you root for a different team.
NI (Westchester, NY)
Cheaters never prosper, so the saying goes. The modern version - Cheaters are the only ones who prosper !
Allen (Boston)
I shed a single tear for all the Patriot haters.
Guy Veritas (Miami)
a haiku for Roger Goodell.

Roger Goodell, he smell.
John (Brooklyn)
According to science, the PSI levels were as they should have been. There was never any incident to begin with.

Most of us know that if you spend 3 months looking into something with an air of suspicion, there will be things you find that SEEM untoward but are explainable. Add in massive PR, and Goodell's incompetence and outright will to slander the Patriots, and we have this.
W.A.Spitzer (Faywood, NM)
"According to science, the PSI levels were as they should have been."......According to whose calculations? PV = nRT.
Principia (St. Louis)
An Ivory Tower decision.

Berman may be right that the process was flawed, but he will be overruled on his decision that Brady had no "notice" that he could be suspended by allowing other people to do his cheating (deflating the balls) for him.

A bizarre and inequitable conclusion. If Patriots employees told Brady they were going to hire someone to break the knee of an opposing linebacker before a playoff game, and Brady believed they would and did nothing, could he not be suspended because he was merely "generally aware" or he didn't have "notice" that you could be suspended for passively participating in a knee breaking? Would he get off if he didn't have "access" to prosecutor's "notes"? Hardly.

Whether knee or ball, whether passive or active, the inference that Brady can escape responsibility for a cheat that helped him, a cheat that he would know about better than anyone is absurd.

The same ethics of the 2008 financial crimes. The CEO's and Blankfein's got away with it, while smaller people who actually deflated the ball/economy took the fall.
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.
Splunge (East Jabip)
When you are in the 1%, there are no rules. Goodell, Brady, and Judge Berman once again prove this.
janellem8 (nyc)
Money walks again :(
Tom (Arlington)
yeah Brady is worth alot more than the NFL....wait....
Jim Davis (Bradley Beach, NJ)
Good decision. This entire incident was a matter of bad science and poor judgement on the part of Goodell. There was no evidence of wrong-doing on the part of Brady or the Patriots that would stand up to impartial scrutiny.
yoyo (pianosa)
How about that! Even in the NFL due process is required, and the terms of contracts can't be ignored by a corporate giant.

If you want to think of that as a cheater getting off on a technicality, go ahead, but it is the essence of what makes American justice the envy of much of the world.
PS (Massachusetts)
Haters gotta hate and there is sadly quite a bit of it here. In Boston, he's called Tom Terrific, totally out of endearment.

Look at it from an innocent Brady's point of view. I wonder how it feels to be that potential Hall of Famer and be attacked by your professional colleagues, led by Mr. 44 Million a Year. I wouldn't blame him if he retires and turns his back of the league. To go work, say, with the Special Olympics or something. Oh wait, he already does. That player. The one that doesn't beat his wife in elevators and get half the punishment, not to mention attention. If Brady is a good guy, and I think he is, then this has to be a horrific experience.

My nephew was so wise. Last year, as a sophomore, he quit playing for the school football team. "They take it way to seriously". Yep, they really do.
Ron (San Francisco)
So he gets off on a technicality? He's a cheat, always will be a cheat. In the end the fans will be the true judge, when his name is called at the beginning of each game, everyone will boo him or chant "cheat cheat cheat"
Tom (Arlington)
Thanks for your brilliant insight. A federal judge says no fair process has determined that cheating took place, but you know he is a "cheat." Glad you are so sure of something that no fair process has ever determined.
Rick74 (Manassas, VA)
Sssssssssssssssssssss ......

The air has been let out of Goodell's football, er, ... balloon.

Go Pats.
FreeRange (Everywhere, America)
Wow! "I committed murder but I didn't know I'd get life in prison so therefore you must let me go!" That's what this judge's ruling sounds like. The judge just told us, "no, that's not necessary". Instead of, if you break the rules, you need to suffer the consequences.
NYCLAW (Flushing, New York)
A quick read of Judge Berman's opinion reveals that there is nothing in his opinion that discusses the merit of the case. Rather, his focus was on whether Brady was treated fairly during the arbitration and whether Brady was afforded an appropriate opportunity to be heard. Further, Judge Berman pointed out that after the balls were reflated after halftime, Brady's performance actually improved.

The bottom line is that NFL simply does not have a slam-dunk case against Brady but was trying to strong-arm a 4-game penalty against him. Their actions backfired today.
RCT (New York, N.Y.)
This case was not about an allegedly deflated ball, but rather a labor contract. The commissioner overstepped and the sanction was overturned. This is a good result, regardless of who did what to the football. A contract is a contract - I only wish that we had stronger unions and more contracts - and your boss can't punish you at his discretion if the deal he made provides otherwise.

I hope that Brady has a good helmet, because the real issue in football does not seem to be the ball.
phil (nyc)
Dorian Gray got away it. At least we got to see the courtroom picture.
Bob (Seattle)
Football is our most popular sport. We are a capitalist nations. Both the game and the economic system depend on destructive violence and cheating. Any destructive behavior is acceptable if you do not get caught or if you can evade punishment. Brady was just being a good American. So was the judge.
Katherine (Worcester, MA)
Congratulations and thanks to Judge Berman for a thorough and clearly reasoned decision. Solomonic, even. Brady demonstrated he was willing to take a one game suspension for failing to cooperate with the Wells investigation. That was a big concession on his part. Goodell wanted all or nothing. Now, they have nothing but trying to save face by filing an Appeal. 24 out of the 32 owners of the football clubs can oust them. The Ravens and the Colts have been sour grapes and pursued their vendetta against Tom Brady and the Patriots. No matter what happens this season, I hope the Patriots beat their pants off! And Goodell has to go sometime, somehow. It's just a matter of time. And since he makes so much money, maybe Brady can sue him personally to get restitution for defamation. Wouldn't that be interesting?
Billy B (LaGrange, IL)
Lessons to be learned: 1) Destroy the evidence. 2) Ensure those making the decisions have plausible deniability. 3) Fire the underlings/ballboys. 4) Hire the most expensive lawyers. 5) Deny and obstruct.
End results: Maintain business as usual in American business and politics.
Tom (Arlington)
Yeah those people who hire lawyers and the prosecution case fails are obviously guilty. All of them....
Georg Sr (Colchester, Ct)
Interesting legal precedent. If you don't know what the penalty is, say for stealing or whatever, you can't be convicted I suppose.
Anetliner Netliner (Washington, DC area)
I've read the federal district court's decision and understand the reasoning behind it. The Court found that:
--Brady did not have notice that a "general awareness" of others' misconduct could trigger penalties.
-In all prior cases of player obstruction of NFL investigations, the penalty had been a fine, not suspension.
--Brady was disciplined under a policy that applied to owners and executives of football clubs, not players, and the Collective Bargaining Agreement (CBA) with players did not contain provisions permitting the suspension in this case.
--Brady's procedural rights were violated by denying him the right to cross examine Pash and to examine evidence obtained during the Wells investigation.

I fully agree with the Court that Brady's procedural rights were violated and that the disciplining of Brady should take place under the CBA. That said, if the CBA does not permit suspensions of players for conduct like Brady's, including failure to participate and/or obstruction of an investigation, the CBA needs to be tightened.

I support Goodell in his appeal of this decision. The available evidence shows that Brady is a cheater beyond reasonable doubt. And the CBA terms must be changed. NFL players should have an expectation of discipline as well as fines, if they participate or facilitate conduct detrimental to the league or fail to participate in or obstruct an NFL investigation.
NRroad (Northport, NY)
No judge's actions can alter the public's conclusion(other than Patriot fans) that Brady and the Patriots cheat.
Tom (Arlington)
NRoad: don't let the formal process get in the way of "the public"'s uninformed rush to judgment.
Jus Thinking (Poughkeepsie)
Whether you're for or against Tom Brady and deflategate, it seems clear that the NFL and Commissioner Goodell have mishandled the events to comical proportions. They have made clowns of themselves in the way they presented their case against Brady. How could they bungle and fumble such a high profile case? -- Just Thinking
BMEL47 (Düsseldorf)
For Mr. Goodell, this is the straw the broke the camel's back. Mr. Goodelll will resign as commisioner in the next few months.
For the NFL, this is the beginning of their downfall. There is no scientific data to show NFL players are more criminally inclined, then the general population, largely because there is no scientific research into it at all.
Unlike NFL players, most of the country doesn't have access to top-notch educations, sizeable bank accounts, live in the best areas and are championed in many cases as heroes.
Aurel (RI)
I have been a Patriots fan for so long I can remember when we called them the 'Patsies'. So I have followed Tom Brady from the moment he stepped on the field to replace downed Drew Bledsoe. For over a decade Tom Brady has been the on field driving force behind the Patriots successes (and what a wonderful ride its been). Do those who believe he is a big cheat really think one can achieve the level of success he has by thinking you need to cheat? It takes absolute confidence in your own abilities to be successful at this level of competition. And Tom Brady has that absolute confidence. How many times have I seen him bring the Pats back from near defeat to victory. More than I can remember or count. And this guy thinks he needs a deflated football to win? Hardly. This is also a great victory for labor just before Labor Day and there haven't been too many lately.
cfb cfb (excramento)
We should see some interesting results this coming season. Supposedly the ball inflation is going to be checked at the start of the game and at halftime.

Won't it be interesting to see that during all of the cold weather games that the ball pressure follows the ideal gas law and they're all under-inflated at half time?

That'll be Brady's true exoneration.
Joe K (Marblehead,MA)
No need to read the judge's 40 page ruling. Just remember Roger Goodell's $40 million salary, paid for running an NFL office that was tax-exempt until last year. Where's the integity in that game? Well compensated...yes, paragon of integrity...not so much.
Instead on embarrassing himself and the league with the Wells Report, Roger could have stood at a NYC subway station, with two footballs, one regulation and the other deflated. Simply ask riders, Yes or No, do you believe there's a real difference between the two balls? Let the fans decide, not a judge.
Time for a new Commissioner, NFL owners. The concussion issue looms large. Roger's your guy?
jds966 (telluride, co)
A great day for football and justice! The anti-Brady crowd--who have already convicted him with little knowledge of the case--are a self-righteous, judgmental lot. They seem to have missed Aaron Rodgers saying before the week 13 GB game at home against the Patriots (which GB won)--that he likes his footballs "over-inflated." Even over the limit, he goes on to say.
Brady is easily THE best QB of this generation. What a shame that these "haters" are blind to this simple fact, and have bought into this bogus smoke-screen "Deflate-gate" put on by Goodall--to hide the many real problems facing the NFL--drug addiction, brain damage, violence, etc.
Let's see another Patriots Super Bowl win!
david (ny)
One third of pro football players develop brain injury.
And we are worried about whether someone under inflated a football?
Pro football is analagous to the lions and gladiators in the Roman Empire.
That was sick then and pro football is the same disease now.
Jeanne Kuriyan (Corrales, NM)
Whoever heard of "generally aware" being a condition to indict and convict a person? Should baseball owners who were more than "generally aware" of steroids bulking their players be convicted? Then the weak argument in Wells report that they were not asked to investigate if under inflated balls proved to be an advantage for Brady (they did not, as evidenced by the huge difference in QB performance after the balls were inflated to full pressure). This was really Manny, Moe and Joe investigating a technicality that was way beyond their intellectual capacity and knowledge. The Judge wrapped their knuckles for screwing up the "process"- deservedly. What the Judge was not allowed to do was to question the decision of the arbitrator or look into the conclusions in the hack report attributed to Wells. Too bad. That would have completely vindicated Brady.
John (NYC)
The ruling is based on the language of the CBA. I see it as an example of union overreach to protect workers in face of common sense.
Bill (Virginia)
The NFL rule for tampering with equipment is a maximum fine of $25,000. That's it. Simple. Should have been cut and dried, but noooo. Goodell levies a four game suspension. The NFL is 0-5 in cases before a federal court. Goodell is an idiot.
Rosemarie Barker (Calgary, AB)
Bill:
Robert Kraft and the New England Patriots were coerced into paying a $1 million dollar fine in addition to forfeiting a 2016 first-round pick and a 2017 fourth-round pick. Tom Brady was given a four game suspension. Roger Goodell and the NFL media strategy was smoke and mirrors - with no hard evidence of anyone doing anything to tamper with the PSI levels of football.
Martin (Los Angeles)
The NFL could do what the Tour de France did post-Armstrong and what college sports and the Olympics movement have done at times. They could vacate the Patriots' victory in the AFC championship and, as a consequence of that, the Super Bowl victory that followed. This would not interfere with any player's right to participate in future games and get paid for doing so. Of course, that only would make sense if there a commitment to honesty and integrity in the sport.
KarlosTJ (Bostonia)
A commitment to honesty and integrity in the NFL would result in a $25,000 fine and nothing else. But that's according to both the NFL's own rules and its own precedent.

What kind of intelligence suggests a punishment above and beyond what the NFL rules state is to be imposed, and then declares this to be a "commitment to honest and integrity"?

Answer: None. Only the derangement born from emotion can presume that ignoring the rules is better than obeying them.
Tom (Arlington)
Perhaps Martin, it might make sense to FIRST hold a fair hearing on whether anyone AT ALL tampered with the balls used in that game.

Don't ya think?
DrJ (PA)
Even after all of this time, and even after the judge made it clear in his comments in the courtroom (not in the ruling, because he wasn't allowed to) that there was no evidence that any deflation even took place... many in these comments still maintain that Brady cheated. So few care about the reality, let alone the ideal gas law. Remember the ideal gas law? I didn't think so. No wonder this nation has to import scientists and engineers.
Principia (St. Louis)
Brady took a congratulatory call from Donald Trump on his new cell phone today because his old cell phone is at the bottom of the Hudson.
JW (Washington, DC)
This is a bad decision that raises serious process concerns of its own. Even if you think Goodell's punishment was excessive (a legitimate point of debate) and even if you think the union contract gives the Commissioner too much power (it does), the Court's ruling simply substitutes a federal judge's discretion for the Commissioner's discretion. The result is that Goodell or any future NFL Commissioner will have to spell out like a menu at a restaurant literally every potential punishment that a player could receive for conduct undermining the integrity of the game. That seems wrong and also impossible. The players negotiated a bad deal with the league that gives Goodell power to sit as arbitrator and review his own decisions -- they need a lockout and a new deal. Not federal judicial intervention in every decision the NFL makes.
Tom (Arlington)
No. The judge didn't "substitute" his judgment for the NFL's. He determined, based on the law, that the NFL did not provide a fair enough process. The law directs the Judge to make such a determination and he did just that.
L (Georgia)
What a waste of judicial time and resources. As the losers I hope the NFL is charged the full cost of this boondoggle.
Todd Stuart (key west,fl)
I don't understand why a judge would second guess the ruling of the commissioner. Football is a private business, Brady is an employee, where is the compelling legal interest for the court? As long as the commissioner's ruling wasn't so outrageous as to offend the court they should have given him much wilder latitude to maintain order in the league as he was appointed to do.
Tom (Arlington)
It WAS so outrageous as to offend the Court!!!

Plus the NFL sought the Court's approval....
Marge Keller (The Midwest)
If only the federal court system paid half as much attention and concern to the many players who have and are experiencing severe head trauma due to the many football injuries they have received. I personally don't care about a deflated football. I'm more concerned about their long term health issues and how they will survive.
cyclone (beautiful nyc)
Honest people don't evade. Bad decision.
Tom (Arlington)
Good way to determine guilt: I think you evaded, YOU SIR ARE GUILTY.

Sounds like Nazi Germany or Communist China to me....

I'll take the US District Court brand of justice, thanks.
Jay (Flyover, USA)
Maybe this will provide impetus for the NFL to better define what is acceptable punishment for these various rule infractions. The league seems to have operated by the seat of its pants in punishing players for rule-breaking, with little consistency, which is no way to run an organization. What is Goodell being well-paid for?
Rosemarie Barker (Calgary, AB)
The bottom line is that to punish anyone there ought to be an offense; no offence - no punishment . . . . but what we are seeing with the comments are that too few sports fans are reading the many, many documents and scientific studies that are available on the Internet. There are so many wrong headed snap judgements claiming 'guilt' when there is not a 'quark' of evidence to support Goodell's charges of cheating. An incompetent man who would be fired from the job if the NFL owners cared about their players.
A Centrist (New York, NY)
So "legally" this is probably correct. But in the real world, we know what happened here. Now it's up to every opponent to mete out true justice. Harrison? Dupree? We're counting on you to start with the Due Process that Brady so richly deserves.
DR (Colorado)
Hypocritical of the Patriots to fire the two equipment managers—an admission that the balls were deflated—then stand up for Brady. Those two submen were fired because they let enough air out of the balls to get caught.
ketanmv (New York, NY)
My question is why are my tax dollars wasted on such ridiculousness, a court case for this.
AO (JC NJ)
He is a lock for the hall of fame - the cheaters hall of fame.
YiaYia (Indiana)
So now the NFL won't need to hand out any punishment. The players know they can take it to court and win. Might as well put some flags around their waste and call it what it is flag football. Roger Goodell has turned it into a big joke. Anyways GO PACK GO!!!!!!!!!!!!!
Gene (Honolulu)
I hate to say it but this is simply another example of unions using agreements and rules to protect members who do wrong. No wonder mass support for unions continues to decline in the U.S.
Tom (Arlington)
Those evil unions, asking that workers be treated fairly. OUTRAGEOUS!
Bob (Long Island)
The question whether Tom Brady cheated in a game is clearly the most important issue in the world of the NFL. Players are being disabled by extreme trauma on the field, players regularly involved in violence off the field, don't hold a candle to the importance of whether a player cheated in a GAME.

Extreme sarcasm intended, if it is not obvious.
David (Portland, OR)
"Cheaters never win" ... obviously a lie we tell to children ...
Tom (Arlington)
Everyone is entitled to a fair process instead of a biased rush to judgment. Let's tell our children THAT.
James Warren (Kenilworth, England)
Balls just lost air all by themselves, not human agency involved.
VJR (North America)
Nice to see the laws of physics and the laws of humans line-up in agreement for a change...
kayakherb (STATEN ISLAND)
Brady and the Patriots, obviously found a judge who is a Patriots fan, NOT a fan of, common sense, honesty, morality, decency, and sportsmanship.
This judge is a disgrace, and his opinions are the writings of a fool.
RCZ (Reading, PA)
Who said the scales of justice could not be tilted? Technicality or not, the end result is the same: he gets to play even though he cheated. What message does this send to other teams?
Tom (Arlington)
"even though he cheated."

Must be nice to conclude that even though a federal judge has said now that no fair process has ever determined that.

Can I purchase your silver ball that makes you all knowing?

Perhaps YOU can decide which suspects to send to prison. Because even without a fair process, you know.
SJF (SF CA)
Brady did the equivalent of using a corked bat in baseball.

He should have received equivalent punishment.

Then he impeded the inveatigation. Should be punished for that also.

Anyone who claims he was unaware and not complicit to this is not very astute or in denial.

Pretty pathetic stuff all around for the NFL. Not like it will actually matter to the American sheeple.
Tom (Arlington)
SJF: A federal judge has said that no fair process has ever determined 1) that balls were underinflated and 2) that Brady had anything to do with it (if it happened).

But you blithely just assume - without any foundation - that 1) the balls were tampered with and 2) Brady was involved.

Ever consider not jumping to unfounded conclusions?
Robin (Framingham, MA)
Just wondering if everyone who is so outraged by the mere idea of an ever-so-slightly, might-be, kind-of, maybe-, never-proven-to-be-underinflated football, was equally incensed by the sight of a player beating up his girlfriend in an elevator. Or every time a player has to settle physical or sexual assault claims so he can keep on bringing it for whatever NFL team he plays for(there have been so many, it's hard to keep track). Or drugs. Or drunk driving. I suppose those don't merit much of an outcry because those all involve behavior off the field. So, being a felon (or engaging in felonious activities) are fine. Those don't threaten the "integrity" of the game. And that's really what we're all concerned with, right?
mary (MA)
the integrity of the game would be restored if the owners fire Goodell and the players union has the CBA amended so there is an independent arbitrator of discipline.
Jim Steinberg (Fresno, California)
It says something -- I'm not sure what -- that a game I played at 10 with my school pals almost 60 years ago (My athletic prowess peaked in early 9th grade) generates such passion. Stronger feelings than politics, what nations are at war, our drought out West, you name it. My passion, too!
henrydaas (ny)
The other day I went to Starbucks as is my custom. I picked up my Grande Non-fat Latte. The cup felt light. Turns out it was an ounce short.

I've been drinking that Latte for about as long as Tom has been in the NFL. In less than a second I knew something was amiss.

They gave me a new one and apologized. It's nice when people say they're sorry...
Tom (Arlington)
Yes. And the hundreds of NFL qbs who have played in cold weather games over the last 50 years all handled footballs that were underinflated (like your coffee) and NONE OF THEM said anything to anyone about it.
Steve (Maine)
No one on the Patriots or Tom Brady did anything wrong. If one has a decent high school physics education, it is clear from the Ideal gas Law that psi will go down when the footballs go from a warm temperature to a colder one. The readings were consistent with footballs that are colder and wet. IF the NFL makes the readings public next year in the "randomly selected" games, they will see that Mother Nature ALWAYS makes the psi go down.

All the Colts and Patriots footballs had psi below 12.5 during the AFC game before halftime. Colts balls had higher readings because they were tested last in the 13.5 minute halftime as the footballs warmed up (with psi rising).

NFL front office, officials, and the jocks of the media did not know that psi always goes down in these conditions. NFL's Troy Vincent admitted that in the transcript of the appeals hearing.

We are paying the price of science ignorance throughout the country.
E (Seattle)
The NFL Players Association and Tom Brady feel it necessary and have the means to contest their case to a federal judge. However, no one seemed to be come to the defense of the two equipment/locker room Patriots employees who were fired for apparently committing (or conspiring to commit) intentional under-inflation of home-team balls. What would be their motive for doing this unless they we getting some sort of direct benefit? And who would be most likely to provide that benefit in return for rendering the balls in a certain condition? Moreover, if they really performed such an egregious act numerous times, then it seems difficult to comprehend how the people who also handle the balls the most (the center, the quarterback, the officials, etc.) would not also be aware of something amiss.

I don't recall Tom Brady, and others, crying when the two ball handlers were fired. Instead, Brady clammed up, destroyed evidence, and probably impeded an investigation. You may not like the Commissioner of the NFL and his decisions, but having Tom Brady as a professional colleague, or worse, a manager....? I'll take my chances with the guys in the less-colorful suits.
Tom (Arlington)
NO. Under oath Tom Brady said NO ONE did anything wrong to the footballs. He stuck his neck out for those guys. He didn't say - maybe something happened but I wasn't involved. He said NO ONE did anything wrong.
Mac Zon (London UK)
Ethics and integrity for the game are obviously not included into the Patriots organization's book of rules.
rick324c (Marquette Michigan)
I think the problem started with the punishment not fitting the crime. Back in the day when pitchers spit on baseballs or used pine tar to help win a game, the penalty was to toss out the ball or give the pitcher a warning, and maybe toss out the pitcher after the warning, but that was rare. The ball deflation seems to me to fall into the category of spitting on a baseball: not by the rules but not so egregious as to merit the penalty imposed by the league. If the NFL had imposed a milder and more reasonable penalty, it would probably have never gotten to this point. But the Patriots seem to be the Bad Boys that get the worst press and strongest disapproval. (Full disclosure: I'm a Patriots fan since the 70's.)
Patrick McKIllop (Pembroke MA)
This is a victory for not only Tom&Co but for all those Patriots fans out there too! This case was not just about a deflated football, it was also about jealousy and the lengths people will go to bring down a team and person who have been very successful and have reaped the rewards of their hard work.
j (m)
so by this judge's logic - if i'm accused of being an accomplice to murder, i don't have to spend time in jail because i didn't know what the punishment was?
Bob DiNardo (New York)
The stain of Brady's actions will long outlive the technical details of the suspension's reversal. Due process is really important, so in that sense I'm glad for the players. But the disclosures that emerged during the scandal leave little room for doubt by anyone but diehards that Brady was in on the scheme and took actions to obstruct the investigation. Now, I wonder, when that day arrives in the future, if the selectors to the football HOF will ignore all this and merely don their blinders.
Tom (Arlington)
Yeah. NO fair process has EVER determined that Brady did anything wrong. But you, Bob, know better. I think YOU should be the Commissioner.
Vinny Catalano (New York)
This is great. Now the Pats will have no excuse why they didn't make the playoffs this year.
NYCLAW (Flushing, New York)
Never bet against Tom Brady. Brady-1, NFL-0.
Louise (New York, NY)
Didn't the Ravens warn the Colts that the Patriots' offense was deflating the balls?
E.Brown (New Jersey)
Once again, the cheaters win. Good lesson for the youth: 1. Cheating is OK, just don't get caught! 2. If you get caught, blame someone else. 3. Destroy cell phone.
Tom (Arlington)
Good lesson for youth: NO ONE should be railroaded by a kangaroo court that falsely claims their investigation was "independent" and prevent cross examination of the "co-investigator."

I suppose if a Chinese Court found a reporter guilty of "crimes against the state" but the person escaped to the U.S. your reaction would a "criminal" avoided the consequences of his conduct.
R Lansdowne (Tucson, Arizona)
I hope this leads to a rule change where the refs provide the balls to the game, and are responsible for their state of inflation. That would be one positive thing that comes out of "Deflategate."
Eric Gilmore (Boston)
Looks like the NYT readers don't like the Patriots too much.

It must be because we are the best team in the NFL.
It must be because we have the best NFL QB of all time starting Week 1 this season.
It must be because we just won Super Bowl XLIX and are now at 6-1 odds to win Super Bowl XL.

Tom Brady's final 4Q drive of SB XLIX:
8 for 8, 100% completion, 64 yards, TD

The Law stands above Goodell's witch hunt, justly so. Pats Nation Baby.
Vielleicht (Los Angeles)
I suppose, as a recovering lawyer, I should admire the ability of players' organization lawyers to successfully armor their clients to withstand any conceivable misconduct. But I think eventually the pendulum swings and the players painfully discover they overreached.
Doris (Chicago)
Brady is just "special" I guess. I don't like Goodell, but I thought he was right in this case. We have a little league team in Chicago who was stripped of their trophy and their title because they said there was one player that did not live in the district. Why do we have higher standards for little league than for Brady. Sad
Tom (Arlington)
oh you "thought" Goodell was "right in this case."

Do you give any consideration to a Federal Judge determining that no fair process has ever determined that Brady did anything wrong? And that the Judge held that the NFL did not use fundamental fairness in reaching its conclusion?? Does that just not matter to you?
Lou (Rego Park)
So if I'm not aware of something, I can't be punished for it? I thought that ignorance was no excuse.
Daniel Locker (Brooklyn)
How many more of these cases must Goodell lose before he is realized to be over his head and a lightweight?

I can't believe he is going to appeal this decision.....
Casey K. (Milford)
This was witch hunt smear campaign right from the beginning. Their is absolutely zero evidence that any offence occurred. Nothing regarding the pressure of the ball reflected any overt or purposed attempt to cheat.

.01% below the gas law is so meaningless its ridiculous to have even the issue of intent a joke. Instead the NFL front office started a firestorm of intrigue using false information, fake facts, and then proceed with a fraudulent investigation and disciplinary process.

Those who want to parse the judges ruling is NOT an exoneration of the Patriots or Tom Brady neglect that the entire process of investigation and fact finding is flawed at best and fraudulent at worse. If their had been even the smallest facts that supported the NFL case against Brady or Patriots the judge would have affirmed the NFL ruling. That's what 98% of legal analyst predicted. Now this slam dunk rejection can only be interpreted as a complete exoneration of Tom Brady and the Patriots.
Trey Long (New York)
It was a witch hunt cooked up by former Jet Mike Kensil and the Colts and Ravens. Don't kid yourself that the judge did not look at the facts of the case in toto. He told the NFL lawyers point blank, You have no evidence that Brady did anything. He did not get off on a "technicality" as the haters ignorantly opine. He was exonerated because he didn't do anything against the rules.
Chris Wildman (Alaska)
OK, so I'm an idiot. I naively thought that Roger Goodell was the commissioner of the NFL, not a "judge and jury", as some folks imply. Does he NOT have the authority to discipline players who CHEAT? What else is he NOT allowed to do?
cfb cfb (excramento)
https://www.youtube.com/watch?v=VZ_S8F3mKFE

ESPN Sports Science shows that the deflated ball allowed for 1mm of increased grip or 1.5%. Depending on how the QB grips the ball, this 1.5% advantage might not be realized. In flight, the ball would be lighter and travel approximately one inch less. This assumes a ball 2lbs below the minimum. 11 of the 12 Patriots balls were .4lb under. The 12th ball was in the Colts possession for 10+ minutes before being turned over to the league. That one was 2lbs under.

A wet ball would actually have 10x the weight difference of a 2lb deflation and have 10x the effect of less grip and the ball would travel further due to the extra weight.
Robby (Boston, MA)
Goodell is appealing the judge's decision. Let the dogged pursuit of those possibly missing air molecules continue!!!

If you think this entire farce has been about "cheating" rather than Goodell's ego, I've got a bridge in Brooklyn to sell you.
Cazanueva (Boston)
Anyone who thinks Tom Brady has to deflate footballs to win games is simply a hater. He's been successful all these years because he deflates footballs? That doesn't make sense. There's more to the sport than the inflation of the football. Most importantly being protected from those who are trying to injure you.

Get real, haters. And remember, hating is not good for anyone.
sammy zoso (Chicago)
deflategate has been a waste of time, money and bandwidth. my god it's not like the guy fixed games.
M. Archuleta (US)
After reading the ruling, isn't it sad and shameful that you and I--ordinary citizens--do not have the same opportunity for a court to hear our civil case when we have been wronged by an employer? Doesn't anyone see the tragedy or even care? Generally, I would suspect, many decisions of employers would be overturned.
Jono (Berkeley, CA)
For all the people who say the Pats cheated ANYWHERE, show me where? Nothing happened in Deflategate. Spygate was filming from the wrong position.
DonD (Wake Forest, NC)
The case before Judge Berman was not about Brady's knowledge of an under inflated football, or if a Patriot staffer deflated the football with Brady's approval. It was about the NFL's legal authority to punish Brady based on available evidence.

Is it likely Brady would have noticed if a football had been under inflated by 10% or so of the NFL's required PSI? Would a Patriot staffer deflate a ball without the star quarterback having at least implied his approval? Probably likely on both counts, but this wasn't what the judge dealt with.

The argument that it is OK for pro-athletes to "seek an edge," i.e., break the rules of the game, eludes me. Mulligans aren't allowed in competitive golf, NASCAR teams aren't allowed to monkey with a race car's official weight, baseball pitchers are banned from using a foreign substance, and football teams shouldn't be allowed to screw with the official standards of footballs.
Tom (Arlington)
Every NFL qb who has played in cold weather games (many far colder than the AFC Championship game) have played with footballs that are underinflated. That is just simple fact. NONE of those hundreds of quarterbacks have noticed that the balls were inflated.

So claiming Brady "must have known and therefore must have cheated" is just plain silly.
lamplighter (The Hoosier State)
Just remember, Bradyites, this ruling was about Goodell and procedural issues. The ruling said Goodell and the NFL screwed up in their handling of the suspension, that they did not follow proper procedures. The judge did not rule on Brady's guilt or innocence. He did not rule on Brady obstructing the investigation. He did not rule on the alledgedly underinflated balls. However, the Pats still have to oay $1 million fine. The Pats still lose a first-and fourth-round draft pick. By that measure, the Pats are guilty of something. And the odor is still there, except in New England.
Jim (Colorado)
When I was a kid, the adage taught us was: "Cheaters never prosper."

In modern America, only the cheaters prosper.
Tom (Arlington)
He didn't cheat. And a federal judge has now said that no fair process has ever determined that he did.

If you, without relying on a full and fair process" wish to assume and guess and speculate that Brady cheated, go ahead. But don't expect any fair minded person to agree with you.
robert feingold (dartmouth,mass.)
Tom Brady is a remarkable man, on and off the field.
He is arguably the best quarterback in NFL history.
He is a great leader and wins under the greatest of pressure in extremely unfavorable circumstances. He never ceases to amaze us with his calmness and excellence under pressure.
He manifested the same characteristics in this legal situation. He handled himself as a gentleman and did not fold under incredible and disproportionate national media frenzy. And he prevailed, as he has done is so many games and so many Super Bowls.

He stood up for himself, his team and his fans and we are vindicated.
There is no evidence that he planned or participated in a scheme to deflate footballs. He did better in the second half, as we all know. He is a winner and people just can't stand it. What I cant understand is why people dont like him. Does he beat women? Use steroids or narcotic drugs. Does he espouse bad causes. He is off carousing in the jet set world of glitz? Brag? Say nasty things about other people. Take sides in politics? He is about as clean as any public figure I can think of.

He has my vote!
Jeff k (NH)
As a Patriots fan I'm naturally thrilled with Judge Berman's decision. At the same time I can appreciate how Patriot opponents might view Brady's conduct more skeptically. But let's be honest. The process the NFL used to impose a 4 game suspension on Brady was absurdly unfair. if you don't agree then ask yourself whether you would want Roger Goodell to act as arbiter on a matter that was important to you?
Southern Boy (Spring Hill, TN)
Now perhaps we can move on to more serious things.
Denis Pombriant (Boston)
There was also a report prepared by Pew Research that clears Brady. This wasn't all about the commissioner vs. Brady. It was at its core about respect for science and evidence and the NFL fumbled.
berale8 (Bethesda)
It is strange to prioritize who wins or looses. The judge ruling is not a game. He simply indicated that the commissioner violated the law. We still do not know to which extent Brady violated the rules. While probably several persons (inside and outside the Patriots) were involved cheating with the balls, it is not clear who they were. The NFL should prevent this behavior and apparently they are not good enough at it.
Tom (Arlington)
So what crystal ball did you use to "decide" that "probably several persons inside and outside the Patriots were involved in cheating with the balls."?

Based on the gauge the head ref used, weather accounted for the pressure of the balls at halftime.
Herb (Houston)
Brady is arguably the current world's foremost expert in handling a football and knowing how it feels. Legalities and technical points aside, he had to have known, even if he didn't instigate it, and he went along with it.
Tom (Arlington)
NO! In every cold weather football game the balls are underinflated by halftime. HUNDREDS of NFL qbs (all "experts" in handling footballs") have handled underinflated footballs during cold games and NOT A SINGLE ONE has said, "hey there's something wrong with this football."
Daniel (Berkeley, CA)
Tom Brady cheated, then lied about it, then destroyed evidence. Not even his supporters seem to dispute that. Trying to reframe the issue as a matter of legal due process, or workers' rights, or curbing Goodell's overreach is just an attempt at misdirection. Tom Brady cheated, then lied about it, then destroyed evidence. If this goes unpunished, the ideal of fair play in the NFL is kind of a joke. I'm no fan of Roger Goodell, but he is 100% right to pursue this. Don't give up, Commissioner.
Tom (Arlington)
Daniel: you just "know" that Brady cheated???

Even though a federal judge has now said that there has not been any fair process that determined he did.

Glad you are so confident of your unfounded assumptions....
Benjamin (New York)
Daniel, have you actually read any of the actual documents in the case? Or just the NFL-fed headlines?

I am a Giants fan, and took great delight in my team beating Brady and the Patriots in 2007 and 2011, but I am also a lawyer, and this entire case was smoke and mirrors from the start. Tom never cheated, and therefore never lied about anything. As for the phone, you missed the parts where (a) Wells told Brady he didn't need or want his phone and (b) Wells already had all of the text messages by virtue of having Jastremski's and McNally's phones. The phone destruction was a convenient red herring for Goodell to seize upon and further divert the general public's attention away from the fact that he had absolutely no evidence of wrongdoing.
cfb cfb (excramento)
I think a lot of people will dispute your statement, because its devoid of facts. I will anyway.

According to ESPN Sports Science a 2lb deflation would give a 1.5% better grip. Its hard to cheat when you're not getting any advantage. He didn't lie because there was no manual deflation, per the ideal gas law. He didn't destroy evidence because he was told by Wells that he didn't have to turn over the phone and Wells himself said he had everything he needed from it.

But yeah, keep pushing it Roger. You'll keep losing whatever minuscule credibility you have left with the owners. I'd love to see a new commissioner.
James (Atlanta)
This is a new low for the judicial system. "Gee nobody told me that if I cheated, or knowingly took advantage of someone else's cheating on my behalf that I'd be punished, so it must be OK to cheat" appears to be the judge's logic in this matter. This decision is an affirmation of the American cultural outlook that "it's never my fault, it's always somebody else's fault".
Steve (Santa Cruz)
So Brady's defense was basically "nobody told me it was not ok to cheat" and his union backed him up. So much for integrity in the NFL.
Tom (Arlington)
Steve,

No, there's alot more too it. If you read the decision you might understand that it involves much more than your slanted sound bite.
Steve (Santa Cruz)
"Judge Berman... ruled that Brady was not treated fairly and could not be suspended for deflating footballs because he was not aware such misconduct could lead to the kind of punishment he received."

Come on. Brady knew what he did was wrong. Enough so that he destroyed cell phone evidence. Technically, he got off because of union rules. Ethically, he was in the wrong.
Daniel Hudson (Ridgefield, CT)
At a time when we are demanding more responsible behavior from all of those involved in the country's most popular and prosperous sport, Judge Berman has stripped the Commissioner of power to enforce the integrity of the game. Goodell should resign. Maybe Linda MacMahon is available.
daddy mom (boston, ma)
the commish wasn't enforcing integrity and the judge wasn't taking that authority away.

The Judge simply pointed out the NFL's lack of process, porous rationale and gross deficiencies in its case against Brady.

the commish keeps speaking about integrity...it's laughable, one deflated ball vs the NFL's decades of indifference to players health while it relentlessly profiting from a culture of head hunting, 'bigger' hits and bone crushing collisions as entertainment and a source of beer revenue.
A (New York)
"In a major setback for the N.F.L., New England Patriots quarterback Tom Brady prevailed in his battle..."

This is not a setback for the NFL at all. It is a huge win for the league to now have one of the biggest stars involved in more games. The setback is only for Roger Goodell who has "fumbled" his judiciary duties multiple times. Not to say that he has done a bad job as commissioner... His job is to increase revenue, which he has accomplished. Still, the NFL now needs to consider a more objective and independent judiciary system.
JSD (New York, NY)
Not so sure that his reinstatement will increase revenue. Lots of viewers will be so disgusted by this whole fiasco, including this resolution, that they will decide that they don't want to have anything to do with the NFL. I've been a casual viewer throughout the years, but really am turned off by this.
Independent (Independenceville)
When it comes to sport, man is indelibly corrupt.
RH (New York)
Apparently if no one specifically tells you that you could be punished for cheating and for covering it up, you are allowed to get away with it. It makes it very hard to teach your children about doing the right thing when an organization like the Patriots repeatedly breaks the rules and gets rewarded for it. They cheated on the way to the super bowl and don't deserve the title.
Tom (Arlington)
RH. A federal judge (the first impartial person to decide) has said that the process used to reach the conclusion that "cheating took place" or that Brady was involved was so flawed and unfair that it can't stand scrutiny. But instead of taking that to heart, you just blithely assume (guess, speculate, rush to judgment) that "cheating" and covering up occurred.

Do you teach your children that it's ok to falsely accuse people and determine their "guilt" based on a biased and unfair process??? Really?
robo (terra firma)
This is a good outcome. According to multiple independent reviews, including the Heritage Foundation, there is no evidence that Patriots' footballs were deflated. Somehow, in the absence of any evidence of a violation, and in the absence of evidence of a conspiracy to commit a violation, Mr. Goodell concluded that Mr. Brady and the NEP team needed to be punished. For what, specifically, has never been clear. For existing I guess. It has seemed to me that all along, Mr. Goodell has had some agenda here other than protecting the integrity of the game, fair jurisprudence, etc. I think in the end it really looks like Goodell needed to chalk up some kind of disciplinary success against someone ... ANYONE... in order to make up for his many failures as a leader of the NFL. Brady and the Patriots seem to have been a target of opportunity, and Goodell was committed to an outcome regardless of the facts.
daddy mom (boston, ma)
Hear are some other lessons:

teach children not to assume guilt, especially if there's no evidence-- teach them not to allow prejudice to fog fairness--teach them that one day they'll be accused by presumptions and that they need to stand up for themselves.
RB (West Palm Beach, FL)
Per judge Berman " Brady could not be suspended for deflating footballs because he was not aware that such misconduct could lead to the kind of punishment he would receive" Brady know darn well what he was doing and by golly he got away with it. What a system!
Tom (Arlington)
RB: That's NOT all the decision said.

It says that the process was fundamentally unfair.

Do YOU think it's fair to judge people based on a process that is fundamentally unfair?

Would YOU like to be subject to such a thing?
robert blake (nyc)
This commish has to go! Talk about a tempest in a teapot. This never should have gotten this far and now he wants to appeal? The owners should stand up and say enough!
Mike Diehl (Tucson, AZ.)
This is a good outcome. According to multiple independent reviews, including the Heritage Foundation, there is no evidence that Patriots' footballs were deflated. Somehow, in the absence of any evidence of a violation, and in the absence of evidence of a conspiracy to commit a violation, Mr. Goodell concluded that Mr. Brady and the NEP team needed to be punished. For what, specifically, has never been clear. For existing I guess. It has seemed to me that all along, Mr. Goodell has had some agenda here other than protecting the integrity of the game, fair jurisprudence, etc. I think in the end it really looks like Goodell needed to chalk up some kind of disciplinary success against someone ... ANYONE... in order to make up for his many failures as a leader of the NFL. Brady and the Patriots seem to have been a target of opportunity, and Goodell was committed to an outcome regardless of the facts.
RCC (Maryland)
Our long national nightmare is finally over!
Robert Dana (NY 11937)
I have been on both sides of some pretty poorly reasoned arbitration rulings. One in particular involved an arbitrator's written decision in which he stated and viewed the documented facts out of chronological order. Had he ordered them correctly, there was no way he could have held against my client. The Federal Court wouldn't overturn it when we asked it to- even though it recognized that the arbitrator's decision was lunacy.

In this case the facts were clear. The NFLPA agreed to a disciplinary scheme where the fact finder & arbiter could be the same person. Sounds dumb; but that's what they agreed to. (Truth is when the CBA was negotiated, the players were more concerned with maximizing their income and decreasing their workload in practice. All fine. But, all those high priced labor lawyers did not focus on this issue.)

Judge Berman's decision constitutes horrible judicial overreach. I wonder what the 2nd Circuit will think about this ruling. That's the court that will hear the appeal and, perhaps just as important, the court that has to manage the huge volume of cases that comes before it and the lower courts it oversees. The practice of not overturning arbitration awards is one of the ways the courts keep the number of cases to a minimum.

I'll advise my clients to think twice about including an arbitration clause in a contract especially if he/she is unable to exclude the SDNY as a venue. The 2nd Circuit will not like this advice.
Tom (Arlington)
Rob: where in the CBA does it say that the NFL could refuse to allow Brady's lawyers to cross examine the "co-investigator" Pash?
Katmandu (Princeton)
"Judge Berman's decision constitutes horrible judicial overreach."

Par for the course with liberal, activist, labor-leaning judges who always seek to find an excuse for the "little guy" (Tom Brady) against the big, mean, rich business (NFL). A perfect example of what's wrong with America. Give them a black robe, a gavel and high ivory tower bench, and they do what they please and to heck with the rule of law.

I hope Brady burns in flames this year with final rating in the 50s.
Tony Gibara (Missisauga, Canada)
What a bunch of hogwash!

The idea that any individual needs to be "advised", or that there needs to be a precedent that there would be consequences to an individual or an organization for doing something wrong or immoral is ridiculous, absurd and preposterous. The idea that any contract could explicitly outline every "possible" event or action that anyone is capable of doing, soliciting or force someone to act in an improper manner and then applying specific consequences to each event or action is IMPOSSIBLE.

Should there be no consequences to any individual or organization that INTENTIONALLY impedes an investigation about their misconduct?

Maybe, just maybe, most of us who believe that sporting events and especially professional and international sports should be played on an even playing field, would have had second-thoughts if the Patriots have not acted in a underhanded and questionable manner on numerous occasions in the past. Two such examples come to mind... clearing the snow path for the Patriot kicker in playoff game against the Dolphins to win the game. Caught red handed with "lip-gate".

I am pretty sure that neither of these acts are explicitly outlined in the league manifest or the NFL-Player Association contract.
cfb cfb (excramento)
"An underinflated football would be easier for a quarterback to grip and throw. New England won the game in question, the A.F.C. championship game, against the Indianapolis Colts, 45-7, scoring most of its points in the second half after the Colts had complained about the balls."

ESPN Sports Science produced a piece that showed that deflated balls fly less far and with less accuracy due to the shape and weight of the ball while in flight. There is zero science to suggest that a deflated ball carries any advantage.

As written in the next sentence and also noted by the judge, Brady's numbers (and the team performance) was MUCH better in the second half with 'properly' inflated balls, adding credence to the ESPN piece.

The deflation was fully explained by the ideal gas law. Many prominent scientists have stated as much. A fourth grader that lives nearby also did an experiment that showed that temperature change was solely the cause of the lower inflation levels.

So what we had was an advantage that wasn't one, that was produced by mother nature, and a subsequent witch hunt by the league against one of its most successful franchises and its premier player.

Which got killed in court. Again. Goodell is 0-5. He can't find his own backside with both hands.
Chico (Laconia, NH)
What's really embarrassing is that on the NFL Network you continue to see a supposedly credible sports and football journalist in the name of Michael Silver, and not only comes off as being a NFL mouthpiece, but someone that is continuing to put out lies and nonsense regarding the Wells Report credibility and Brady being guilty.

When you listen Michael Silver it becomes quite obvious he hasn't read anything that was released by the Patriots, Tom Brady or any of the Court proceedings that shows the NFL to be not only incompetent, but not having any, any evidence of the Patriots wrong doing.

Sliver shows himself to be completely biased, uniformed and a lap dog for Roger Goodell. I always thought Sliver was a decent sports writer, but based his reports and opinions regarding this case, it's obvious he's a lazy journalist that doesn't do his homework and hasn't really read all the relevant information.....he has about as much credibility as Chris Mortenson or Lester Munson.
cfb cfb (excramento)
He grew up in the Bay Area and is a long time Raiders fan. Now guess why he doesn't like Tom Brady and the Patriots. I live near the Bay Area after 30 years in Boston. People here still haven't given up on whining about the tuck rule game.
David (Portland)
High pressure, low pressure, so what? Under pressure, the Colts lost to a better team led by a better QB and everyone is sour because of the result. Illegal hits, cheap shots abound and no one claims that those acts of violence constitute cheating. What is unfair is that players are suffering irreparable brain damage. If players and coaches wear headsets to over come the noise of the crowd, why can't the air pressure of a ball be adjusted for the cold elements? Green Bay warms their entire football field to offset the cold weather, and that doesn't affect the outcome of the game? Players have received injections and who knows how many medications before during and after game time and that is okay? The NFL is riddled with inconsistencies.
KJudson (New York, NY)
As a lawyer and a NFL fan of many years, I keep waiting for one of the talking heads on ESPN, CNN, Fox or elsewhere to focus on a vital part of this jigsaw puzzle. What do the two Clubhouse Guys under the employ of the New England Patriots say happened? Tom Brady did not deflate these balls with his own two hands. That was clear from the get-go. The record contains e-mails and tweets and all of that between two Pats clubhouse employees which cast aspersions specifically on Brady. Isn't this the crux of the case? How can this matter go away without this being reconciled? These two fellas need to go on the record. Let's see what they have to say when the penalty of perjury is at play.

We need to know the truth. The power of the subpoena is vital in the quest for the same but was not available in the arbitration setting. But when the NFL appeals, their capable legal team will be armed with subpoena power to scoop up salient e-mails and phone records and follow up with myriad depositions under oath. By the time the final gun sounds, this situation could look a whole lot different.

Of course, we can all wait until Sports Illustrated comes forward with the explosive real story after six months of investigative journalism. I'd love to be the writer who sits down with the two forlorn locker room attendants to write the narrative of what they have to say about all this.

It's only early in the first quarter.
Brian (Raleigh, NC)
Or you could just watch the NFL conduct its new "ball security" policy, enacted at a cost of millions, over the next season.

Readings of pressure will be taken at halftime, and you'll see what actually happens to the air pressure of footballs when exposed to weather.
Tee (Missouri)
Both clubhouse attendants sat through questioning for the Wells report and the Wells (and Pash) chose not to include their answers to that questioning in the published report, most likely because they both denied any wrongdoing. The Wells report also did not include any record of Brady's answers in his initial questioning, likely for the same reason. The NFL asked for the transcript of the subsequent appeal hearing to be sealed likely because in that hearing Brady flatly denied any wrongdoing or any knowledge of any wrongdoing UNDER OATH. The only reason we were privy to any of Tom Brady's answers when he was questioned under oath is that the judge unsealed the transcript of the appeal hearing. This is also how we know that Goodell's written decision upholding the suspension contained a straight up lie about one of Brady's answers during the appeal hearing. No one has had access to the notes of the interviews with the two clubhouse attendants because Wells did not include any of that in his report, most likely because it didn't fit the narrative.
Anita (MA)
Yay! Justice at long last.
NYCLAW (Flushing, New York)
The judge's focus was on whether the Commissioner had the authority to sanction Brady under the collective bargaining agreement, not whether it was morally right or wrong. The ruling is a disappointment for people with strong moral values but in no way an endorsement for Brady. How do football fans punish Brady? Stop watching all of Patriots' games.
Tom (Arlington)
People with "strong moral values" do not want others unfairly punished for anything without a fundamentally fair process to DETERMINE whether they DID IT!!!!!

A federal judge (the first impartial person involved) has now said that there has been no fair determination that Brady did anything wrong.
Knight (Glendale, NY)
Judge Richard Berman evaluated the case and right off the top he knew this was a matter of hot air.
Outside the Box (America)
1. The judge didn't rule Brady was innocent - he ruled that by the contract between the NFL and players, the NFL was wrong in the way it punished Brady.

2. The contract allows the NFL to act like judge, jury, and executioner. The NFL is not the government - they are an employer.

3. This is not a victory for the average employee.
Tom (Arlington)
yes it IS a victory or the "average employee" because the Judge said EVERYONE (no matter what a CBA says) is entitled to fundamental fairness.
Katmandu (Princeton)
Bingo. Very accurate summary.

Yes, Tom Brady is not the average employee. And, he is still a cheater and always will be. As well as the entire Pats organization . . . .
jeff (san francisco)
the reports I have heard suggest that brady would have accepted a 1 on game suspension. So a million dollars, two draft picks, and a one game suspension of the starting quarterback was not enough for goodell....and for such a silly infraction. talk about egos at work. goodell and the nfl got what they deserved.
john (jamestown)
I haven't followed this case as closely as I would have liked, so maybe someone can help me out here. My understanding is that the brunt of the NFL sanctions weren't due to messing with footballs but with not cooperating with the investigation. Do these "noncooperation" rules/sanctions exist in writing or were they imposed after the fact?
Tom (Arlington)
No the NFL refused to say what portion of the punishment related to failure to cooperate and what portion was supposedly for "general awareness" that someone else was doing something with the footballs that might (arguably) have benefited Brady.

The Judge asked that question and the NFL refused to answer it.
BeaconDoc (Boston)
The timing of this is pretty amazing. When Joe Shmoe needs a case pushed through the courts quickly to keep working, there is no way in heck that it would happen. If Brady needs the courts to move swiftly so he can throw a football, the verdict just happens to arrive just before the season gets underway. How convenient. No wonder the regular folks of this country become more and more discontent with each news cycle.
Nomar (Atlanta)
If there is anyone out there that doesn't think their team doesn't bend the rules even a little - those are the people living under a rock. Rogers came out and said he tries to over inflate balls and see if he gets caught, Jerry Rice admitted to using stick em' (you gonna erase every passing yard that went to Rice from Montana's numbers?), fake noise (multiple teams), tripping guy running down sideline, opening doors near end zone so wind gusts more, etc... if you what to take away all the wins from teams who "cheated" there would be no wins.
JSD (New York, NY)
Yes, I think most would say that deflating balls is a misdemeanor at worst. However, lying about it, destroying the evidence and then dragging the league to federal court is not just unsportsmanlike and childish. This whole stupid fiasco would have been over months ago if Tom Brady took his punishment like a man.
N B (Texas)
Would this have been the outcome if the culprit was Adrian Peterson? I doubt it. It pays to be a rich white guy in America.
Chris (NYC)
Peterson is of the wrong complexion... The judge wouldn't relate to him.
Dale (Wisconsin)
Over the last several years I have felt a marked decrease in my interest to watch football any more. Sometimes the 'pros' demonstrate very little professional about their quality of play, with some college games being more watchable.

But then with all the hoopla, all the marketing and rules about whether the players an wear a logo that some other team feels their millions of dollars has bought the right to do, and of course the concern about these folks doing something that isn't really essential (police work, nursing, care for the poor) and ending up with a fried brain took much of the excitement away.

Now, with this recent public struggle, it most likely will be a rare game that I watch, and that is OK. But for pro football, it isn't OK since many of my previously rabid fans have expressed a similar drift away from observing and being immersed in the advertising and false hoopla.
terry brady (new jersey)
Brady was innocent and that's that. The NFL was guilty of PR stupidity and overreach. Now, if Brady marches down the field and pockets another Super Bowl victory he will own the NFL and the Federal Courts.
Katmandu (Princeton)
"Brady was innocent and that's that."

On what basis? The Judge did not so rule and evidence still shows, by a preponderance, that Brady boy was the guy behind the cheating. None of those facts are in dispute, and any evidence that Brady could have offered as to his "innocence" he intentionally destroyed (spoliation). If this was litigation, Brady would have been sanctioned just for that.

For those that support Brady, best to come out of the closet and admit you're a Pats fan and you are biased. At least that can be respected.
Elizabeth Guss (New Mexico)
You might think that football was actually something more than a game with all the posturing and litigating that "deflate-gate" has spawned. Does it not occur to people that we are talking about grown men fighting over the rules of a game? When reduced to its bare bones, this dispute is ridiculous, notwithstanding the billions of dollars that the NFL generates in our economy. And for the record, I am a football fan - just one who is incredulous at the depths to which the principles of sportsmanship, fair play, and the bonhomie of sport in the game can sink.
Bruce (Chicago)
Brady and Hillary. Phone calls and texts. Private servers and private property. All destroyed. Let's here it for technology as a new means for masking criminal activity.
Brian (Raleigh, NC)
Bruce, I gotta ask:

What did you do to your last laptop computer? Did you hand it over to your sister so her kid could play with it?

Or, did you trash it?

Yeah, that's what I thought.
Bwin (California)
This confirms once and for all that football is just entertainment, not athletics. There are a bunch of actors out there at a designated time pretending to compete, but they're doing nothing more than following a script for the purpose of making money. We, the public, are being fooled once again. Football is no better than the WWE.
raduray (Worcester)
Essence of NFL argument: we’re not required to be fair. What does that say about the integrity of the game?
Robert Dana (NY 11937)
The NFL was simply exercising a right it negotiated for in the CBA.

The players (stupidly) agreed to the procedure in the CBA. Brady and the NFLPA went back on their word. What does that say about them?
Ralph (SF)
The judge is probably technically correct in his ruling. I don't know. But, I do know that this is another victory for cheating and an unfortunate example to set for our children.
Wesley Brooks (Upstate, NY)
There's cheating and there's fair play. Gaining a competitive edge by breaking the rules is cheating. But then there is the fact that the Colts tipped off the NFL to a possible rule violation the night before the game, and instead of acting in the interest of both teams and alerting the Patriots that they were out to enforce the rule on the field, they ran a poorly executed sting operation to entrap them in a technical violation that had no team had been previously penalized for.

I would think it would be the job of the commissioner to make sure that all of the NFL's teams were handled fairly and equitably. Instead, the league office sided with one owner against the other, which shows bias and prejudice. Then they mucked up the investigation and enacted the penalty in a ham handed fashion. They deserve what they get. Actually, I wish the judge would have overturned the fine, and imposed damages on the NFL.

And let it be known, I am fan of one of the Patriots rivals, and dislike the Patriots very much. But I dislike this inept commissioner much more.
Robert Dana (NY 11937)
I think you do know. It's pretty simple and you have cut right through it.
Tom (Arlington)
Tell "our children" that our judicial system has upheld the right of everyone to a fundamentally fair hearing (after finding that Brady did NOT get one). Tell them that. Rather than just assuming someone cheated without any fair process having determined that they did. I think "our children" will appreciate that they won't be railroaded by a kangaroo court (or that if they are they can appeal to a United Stated District Court).
Stephen (Windsor, Ontario, Canada)
I'm no lover of Brady, the Patriots, or their head coach but the judge's ruling shows that the NFL basically violated its own policy in order to secure a conviction that would not have stood up in any other court.
Lil' Roundtop (Massachusetts)
Fortunately, many outside New England DO think that Brady is "innocent," or at least that the NFL failed to prove its allegations against him. Read on . . . .
Marge Keller (The Midwest)
This victory is as hollow as those deflated balls.
tom (bpston)
I thought the point was, that they weren't hollow enough.
Nick (ME)
Something's gone terribly wrong when the opening sentence of every high-profile news outlet in the country is something like, "In a major setback for the N.F.L., the league was unable to suspend its marquee player on unsubstantiated charges and a wildly partial ruling..."

Goodell dug his own grave, here. Why? Who knows...
cfb cfb (excramento)
Because he can't handle negative PR and tries to distance himself from it, then allows the winds of public opinion to sway him. In other words, he doesn't want to get any on him and wants to please the majority.

In this case, the league was 'warned' by the Colts that the Patriots were using underinflated balls. The league responded by having the ref go in with a bent gauge and one with no markings on it, and not writing down the pregame ball pressure. They did this because they knew a few pounds of air either way made no difference and fiddling with the ball a little to the QB's preference was widely done.

Then it hit the media and fans from 31 other teams were outraged, although science shows the 'advantage' to be non existent and clearly had no effect on the outcome of the game.

Old Roger has done this 5 times recently and lost all 5. But he can say 'its not my fault'...he did his best to over react and reach well beyond the boundaries of his office and make 6-9 month long farces of something he could have resolved quickly and effectively.

In this case, right after the Colts game he should have instituted a $25k fine on the team, well supported by the rule books for 'tampering with the football', and then announced that the league would provide the balls for all future contest and that they'd remain in the control of league officials during the game. Problems solved in 5 minutes.
kirk richards (michigan)
lets hear it for unions! all workers need unions to stop harassments!
Eagle (Boston, MA)
I do not need or want a union. I make a small fraction of what Tom Brady makes but I would prefer to stand on my own two feet rather than hiding behind a union.
Susan G (Boston)
The NFL's and Goodell's stupidity is surpassed only by their arrogance. The judge repeatedly told them how weak their case was, and yet they refused to settle. The other NFL teams' jealousy of and vendetta against the Patriots and Goodell's fear of appearing weak and poor handling of the whole matter as well as his need to distract attention from his past poor decision making about player discipline matters cost the NFL billions of dollars and made it a laughing stock. Goodell needs to be fired -- he has lost all credibility.
Andrew H (New York, NY)
Brady, win again this year. Win your fifth ring and do it honestly. Do it by working harder and being smarter and more disciplined that anyone else. Do it by being as good as you honestly can. Time moves quickly and it won't be too long until your chance to walk out onto that field is over. There will be plenty of time to talk then. Just get to work and win.
PS (Massachusetts)
Andrew, appreciate the comment but from what we see, that is what he already does.
Joel White (Boca Raton, FL)
"Likely Hall of Famer" - clearly this writer is not a sports expert. I think you meant " Lock for First Ballot Hall of Famer."
A. Stanton (Dallas, TX)
I pay my taxes, don’t drink while driving, stay within the speed limits and always follow the-letter-of the-law regarding jay-walking and throwing garbage in the street. Apart from
these, I obey all laws that are compatible with my commodious, free-and-easy style of life, which is most of them, but certainly not all of them. I assume that most Americans do the same thing and heartily recommend
the practice to those who don’t. Deflating footballs, whether done for fun or competitive advantage, is not a crime or an ethical lapse for me. It is simply something to be done when you are looking to get away with something.
Will (NYC)
Shouldn't it read allegedly deflated the balls?
Joseph (Boston, MA)
"New England won the game in question, the A.F.C. championship game, against the Indianapolis Colts, 45-7, scoring most of its points in the second half after the Colts had complained about the balls."

Those under-inflated balls really helped.
Observer (Washington, DC)
Somebody check Judge Berman's sneakers for Brady signatures...
Jerry S (Chelsea)
How many people really believe that deflating footballs is as grievous an offense as a domestic violence incident or a drug violation?
I think Brady probably knew the equipment guys were tampering with the balls, more than once. But can you really suspend a guy four games and fine him a ton of money because he "probably" knew. That is ridiculous.
The real penalty Brady will face is that for the rest of his life he will be branded a cheater. I don't think either a suspension or a fine is worse than that.
Bonnie (MD)
Don't try to confuse the issue by bringing the domestic violence cases, or drug cases. Those are matters that our legal system will handle.
One thing that the NFL really wants fans to believe is that games are not rigged or fixed. If fans come to believe that these games are not legitimate, and that teams can do basically anything to win, the game loses what legitimacy it has left. I think that is why Goodell went ballistic about this.
Mark (Houston, TX)
It's ridiculous that the Federal courts are wasting their time with this, just like it was ridiculous that Congress was involved in hearings on steroid abuse in Major League Baseball 10 years ago. The only reason this is in Federal court is because it is covered under national labor relations laws - laws intended to protect working class coal miners and steel workers from getting steamrolled by big corporations; these laws were never intended to protect multimillionaires getting paid ridiculous amounts of money to play a game.
C (W)
A collective bargaining contract is a collective bargaining contract. It makes no sense for a certain contract to be essentially unenforceable in federal court just because it concerns football players.
NYexpat-GT (FL)
So the judge's rationale is that Brady should not be punished because he was unaware of the potential penalties for cheating?

Whatever happened to "ignorance of the law is no excuse" ??

Why didn't the judge just say "I'm letting Brady off because I admire him" and get it over with? That would do less damage to his credibility and provide less -- slightly less -- evidence for the common understanding that the American legal system rarely enforces the law against the rich, the privileged, and the powerful.
dogpatch (Frozen Tundra, MN)
This wasn't a ruling about the allegation of the deflategate. This was about how the NFL violated its only rules and policies and union agreements in punishing Brady. As the judge commented, the NFL had a very low bar to meet and they missed it.
tom (bpston)
Ignorance of the law, perhaps. But where's the "law" Goodell was enforcing? Only in Goodell's imagination.
Christian (SC)
It was ignorance of the law, it was the fact that said law didn't exist
redleg (Southold, NY)
Any lawyer with a day of experience could have told you from the start, and especially after reading the so-called "Wells Report", that the Goodell edict could not withstand legal scrutiny. It was farcical, jumping from one conclusion to another without a shred of what is called "evidence". Speculation doesn't cut it when you get to court. Thank god for the Judge.
Steve (San Francisco, CA)
The really sad news here is the Patriots are the league's anti-heroes.

That was a job best left to the Raiders (1965-1985).
cfb cfb (excramento)
Yep, back when the raiders used steroids like crazy. Or the dynasty that had offensive linemen covering themselves in vaseline (Steelers). Or the dynasty that taped defensive signals to win 3 superbowls (Cowboys). The list goes on and on. No asterisks.
Cozyjoe (San Diego, CA)
Gee, do I detect a New York bias in the report (e.g. An underinflated football would be easier for a quarterback to grip and throw) and selection of NYT Picks? Wassmatta? Two SB wins by Giants over the Patriots not enough for you?
PD (Woodinville)
What message does this send - that cheating to get ahead is OK. What a disgrace!
tom (bpston)
No, the message is that being falsely accused of cheating doesn't mean you are a cheater.
DRF (Bridgewater)
Haven't you learned that having fame and money can get you anything? Prime example here.
Steve (Arlington, VA)
Some enterprising lawyer should bring a lawsuit on behalf of some of the ticket holders to the game at which the deflated footballs were used. The claim would be that Brady's actions cheated the ticketholders out of what they paid for: a fair game in which neither team attempted to fix the result. (The theory would be that intentional use of deflated balls was an attempt to improperly influence the outcome of the game.)

The point of the lawsuit would not be to recover monetary damages (they would be rather small), but instead to be able to put Tom Brady UNDER OATH during a deposition to probe his actions and knowledge relating to the deflation. Under penalty of perjury, he might actually tell the truth under oath. He might continue to lie, but at least it would open him up to the possibility of a perjury prosecution in the future. (Yes, I realize that there's a good possibility that the lawsuit would be tossed on motion and that the case might never reach the discovery stage.) Just a thought.
Tee (Missouri)
He did testify (voluntarily) under oath during the appeal hearing in front of Goodell at the beginning of August which is why he was never going to accept a settlement offer from the NFL that including admitting any guilt - he had already sworn that he was not guilty during the appeal hearing.
Brian (Raleigh, NC)
Brady testified under oath for hours during these proceedings, and made himself available for many more hours of interviews with NFL flunkies.

If watching your team lose to Brady disappoints you, you're in for more disappointment.
Infinite Spiral (Maryland)
Constitution and Bylaws of the National Football League:
Article VIII
Section 8.13: Disciplinary Powers of Commissioner
(A) "Whenever the Commissioner, after notice and hearing, decides that . . . any player . . . is guilty of conduct detrimental to the welfare of the League or professional football, then the Commissioner shall have complete authority to:
(1) Suspend and/or fine such person . . .
(2) Cancel any contract or agreement of such person with the League or with any member thereof;
(3) ...
(4) In cases involving a violation affecting the competitive aspects of the game . . . cancel any contract or agreement of such person with the League or with any member thereof and/or fine the offending club . . .
(B) Whenever the Commissioner determines that any punishment that the Commissioner has the power to impose pursuant to Section 8.13(A), is not adequate or sufficient . . . he may refer the matter to the Executive Committee . . ."

So, on his own, without anyone else's permission, he is empowered by the Constitution of the entire organization to act independently and do exactly what he did. He does not have to justify it to anyone.

It doesn't matter whether you like or dislike him; whether you agree or disagree; or anything else. This is not a matter for the courts - certainly not a federal court - and the ruling is unconstitutional and not even correct.
jeff (san francisco)
tell it to the judge that just ruled otherwise.
tom (bpston)
But what are the terms of the Arbitration Agreement with the union?
raduray (Worcester)
The NFL constitution has no legal standing. The CBA does. And notwithstanding Article 46 of the CBA, the CBA is superseded by US Labor Laws which require the essence of fundamental fairness.

And for those who argue that Brady got off on a technicality, the court was not allowed to re-litigate the evidence, no matter how much Brady and all NE fans would have liked. Because any rational review of the Wells investigation would have debunked it.
Robert Guenveur (Brooklyn)
Another triumph for truth, justice and the American way.
Well the American way
Sadly.
Goodell is the NFL's version of Trump. Another utter fool.
Barbara (L.A.)
I always liked Brady and the Patriots, but I think of them now as cheats. And even if the decision was correct, based on the judge's narrower focus on the collective bargaining agreement question, Brady got away with one. This will embolden Patriots to cheat again. It will embolden the entire league.
Montreal Moe (WestPark, Quebec)
Judge Berman's is monumental. The decision is I hope a beginning to a return to the road to democracy. I could not care less about the perceived welfare of the NFL's billionaire owners or its pampered and spoiled functionaries but a return to the sanctity of collective bargaining may bring the march toward democracy back to America.
I am looking forward to the battle in the Supreme Court and the final proof of whether it is the wholly owned subsidiary of the 1%.
Infinite Spiral (Maryland)
So says Canada? Let me help you...
Constitution and Bylaws of the National Football League:
Article VIII
Section 8.13: Disciplinary Powers of Commissioner
(A) "Whenever the Commissioner, after notice and hearing, decides that . . . any player . . . is guilty of conduct detrimental to the welfare of the League or professional football, then the Commissioner shall have complete authority to:
(1) Suspend and/or fine such person . . .
(2) Cancel any contract or agreement of such person with the League or with any member thereof;
(3) ...
(4) In cases involving a violation affecting the competitive aspects of the game . . . cancel any contract or agreement of such person with the League or with any member thereof and/or fine the offending club . . .
(B) Whenever the Commissioner determines that any punishment that the Commissioner has the power to impose pursuant to Section 8.13(A), is not adequate or sufficient . . . he may refer the matter to the Executive Committee . . ."

So, on his own, without anyone else's permission, he is empowered by the Constitution of the entire organization to act independently and do exactly what he did. He does not have to justify it to anyone.

It doesn't matter whether you like or dislike him; whether you agree or disagree; or anything else. This is not a matter for the courts - certainly not a federal court - and the ruling is unconstitutional and not even correct.
Delta Doug (Pittsburgh, PA)
What in the world does this ruling have to do with "democracy"? By the way, the United States is NOT and never was a democracy... it's a representative republic.
Montreal Moe (WestPark, Quebec)
Infinite,
I know beauty is skin deep but ignorance goes to the bone. The constitution of the NFL cannot run counter to the constitution of the USA. Judge Berman says that it does and until the Supreme court says that it doesn't it does.
This is why the courts are there you obviously know less than nothing as what you think you know is so obviously incorrect.
The Almighty One (cleveland)
According to this brilliant Judge, no NFL Player can ever be suspended for anything at anytime. Because who gives notice of suspension prior to that specific rule violation on that date by that player?

It's an anti-common sense judicial decision. Everyone gets suspended or fined for any kind of violation of any rule. Its always been that way in each case. Notice assumed by prior violations. Commissioner decides. And now this Judge says insufficient notice?

Really, Judge?
Christian (SC)
it isn't that they "didn't give notice", it is that they completely made up the rules as they went along so it was impossible for notice to have been given
Lakemonk (Chapala)
It's a silly game anyway, in which the game lasts 3 hours, but the ball only moves for 55 minutes. The rest of the time the players stand around and pat each other on the butt, while cheer leaders show their boobs, and fans get drunk. So, who cares? Just let them play with their own balls, if you know what I mean.
Finny (New York)
Actually, there is only about 11 minutes of "action" in a pro football game.
Richard (Denver CO)
Those of us covering the spread in Vegas disagree.
Dave S. (Somewhere In Florida)
And, Robert Kraft is kvelling to death.
Ryan Bingham (Out there)
All is well with the world. I hope the NFL gets their money back from the "investigators".
Anthony (New York, NY)
Why are our courts and tax dollars wasted by this?
Finny (New York)
They're not wasted. Legal challenges were filed by both the NFLPA on Mr. Brady's behalf and on behalf of the NFL.

Where other than courts should legal challenges be filed?
BILL (SOUTH CAROLINA)
NFL as a league is thru. The players have killed the golden goose.
The Patriots are a team that should be completely kicked out of the NFL.
So, far: two major cheating scandals, 1 hired murder, and numerous criminals on the roster.
If the NFL can't get rid of this massive cheating scandal, then all it's games are considered rigged.
The entire Patriots Organization is just like baseballs Black Sox.
The NFL is now nothing more than a rigged setup for gamblers: nothing else.

It should be dissolved and completely reformed with massively improved Legal Regulations to keep out cheaters, felons, and people is disrepute.
Wesley Brooks (Upstate, NY)
Talk about hyperbole! A few underinflated footballs equals a massive cheating scandal?

How are the Patriots responsible for the actions of one of it's players--whom they released immediately when charges were filed against him?

Almost 1/3 of the NFL players have some sort of criminal violation on their record.

Go back to watching your sacred SEC. No cheating there, of course.
fhcgsps (midwest)
This is precisely what will drag this country through the dirt and eventually completely ruin us - legal loopholes. The message this sends to young people is "not to worry...someone will know how to get around this!"

It's embarrassing that our values have eroded so much.

In the meantime, Brady, his team and the NFL are all laughing at the rest of us on their way to the bank.

I bet if broadcast ratings and ticket sales declined they'd start to pay attention. But that's unlikely to happen.
Finny (New York)
No such thing as a legal loophole. There is the law and that's it.
fhcgsps (midwest)
then perhaps the law needs to change. we don't need an entire population of cheats and cowards because a current letter of the law supports that. ditto for our current tax code - that allows corporations to pay nothing while the remnants of the middle class support them. we are supposed to be a nation for more than the privileged few.
Mary (Neptune City, NJ)
Hilarious. I wouldn't doubt that this was the 'gameplan' all along. "Okay, we'll suspend Tom Brady--yes, well, someone's got to do something about the deflated balls situation even though who cares really--and then, uhm, okay, a suspension...yes...and then Tom will take it to court and he'll probably win and be able to play anyway. And then we all look good!" Yes, a 'blow' to the NFL indeed; they wound up getting their star quarter back to play in an opening game on one of their teams. Yes, I would use the word blow here but in the sense that someone gave someone something like that over how this all played out.
newreview (Santa Barbara, CA)
I think justice prevailed. One man beats his wife and is suspended for two games, and another man may have had knowledge that someone else did something to the footballs and that person is suspended for four games. It's totally illogical and arbitrary. Goodell was exercising a personal vendetta.

And JSD, sorry -- cheaters frequently win in every walk of life, but you can still teach your sons that it's wrong. Life is not a straight line, nor is is all black and white. The best thing you can teach your boys is to understand that life is complex.
Matt (San Rafael, CA)
The ignorance of some comments here is amazing. Two examples:

1. Balls are not controlled by the referees during the game. After getting checked several minutes before game time, they are handed over to the teams. This was not the case until about ten or twelve years ago.

2. Forget Brady and think about it from the standpoint of receivers and running backs. After the policy change, the Patriots, and only the Patriots, saw their fumble rate drop precipitously. It has stayed absurdly low ever since, and in a way that is statistically impossible without something very fishy going on.

3. Ball pressure is indeed a range. The balls in question fell below the low end of that range.

Wake up, people! Brady cheated. The Patriots cheated. They have been cheating for years. (Remember the taping-their-opponents incident? Come on.) And it is not the case that every team or every player does it.
NE Reader (Concord, MA)
In case you missed it, an ESPN survey done last month of NFL players showed that 70%+ of players believe that all NFL teams engage in similar violations of the league rules - so it does appear to be the case that every team presses whatever advantage that they can gain. There is too much money at stake.
Bob (Rhode Island)
Yes Matt, if only there were a way for the officials to handle the ball after each and every play.
Hey, maybe the ball could be spotted by the officials after every single play that way they could feel for tampering.
Doug (Hollis, NH)
To all those who accuse Brady of complicity in any scheme to deflate footballs (to wit, "How on Earth could a superstar quarterback not realize that the balls he was throwing were deflated?" and others,) well, using the same logic I say, "How on earth could experienced NFL officials WHO HANDLE THE GAME BALL AFTER EVERY PLAY not realize that the balls were underinflated?" Berman didn't have to rule on the pseudo-science behind the flawed Wells report. Both he and Goodell made determinations based upon decisions and judgments made -- in the former case by Goodell, in the latter by Brady -- post Colts game.

Get over it. Justice has prevailed.
Robert Haberman (Old Mystic Ct.)
Glad this is finally over. Now the media can focus on real problems such as global warming and ISIS and Donald Trump.
Elizabeth Guss (New Mexico)
Oh, no.... now the league gets to appeal. We have more of this ridiculousness to come, you can be assured.
RMAN (Boston)
Outside of New England, Tom Brady will now be Alex Rodriguez, with one big difference. A-Rod admitted, finally, his mistakes. Whenever Brady plays an away game from here on in he will get the same reception that A-Rod does outside of Yankee Stadium.

Brady has political aspirations and he's off to a good start knowing that he did what he did and got away with it because the NFL flubbed it procedurally - not because he didn't do it.
RetiredinOhio (Ohio)
We should not be surprised at this decision. The concept of "sportmanship" vs "unsportsman-like behavior no longer exists. Sports in this country are exempt from the traditional rules of morality and fair play. Instead, it is "Win at any costs." That's the only rule now, and "sports fans" seem to like it that way, so I am sure they are delighted. Fine example for our youth.
Louis Anthes (Long Beach, CA)
What a waste of federal tax dollars.
Robert (New Hampshire)
It was not an issue of Brady vs. Goodell. It was a corporation vs. employee. It is a win for all labor, union or not. I am willing to have my tax dollars used to fight labor injustice! Not a waste.
If you are a working person you should be glad that the court ruled that a company official cannot dispense justice blindly.
MauiYankee (Maui)
This proves once and for all that the Talented Mr. Brady had nothing to do with the inflation or deflation of his balls. This ruling proves once and for all that any modification was done by rogue ball handlers. The Talented Mr. Brady had no involvement at all.
Any tampering was done solely by the maintenance staff. No connection has ever established between the TMB and the ball boys. Why would he even care about the inflation rate of a football? He is the Talented Mr. Brady. He could throw a brick 60 yards into the arms of a 6 month old baby.
The Talented Mr. Brady can throw a wet paper towel on a sideline fade.
The Talented Mr. Brady is above all this inflation stuff.
And now it has been verified certified and made evident to the entire world.
Chicago Guy (Chicago, Il)
Best comment so far...!
Richard (Denver CO)
Wait until your accountant destroys his cell phone the night before you are to meet with the IRS.
Charles Reed (Hampton GA)
The NFL was playing nice with Brady by not bringing in the other times these boy balls have deflated the ball in games over the past 7yrs!

The NFL needs to go after the ball boys for their actions and make them talk as to who order them to do this and now long.

Ain't no ball boys on there own just deflated the boys to where Tom "Cheater" Brady wants it!
aciuf (Connecticut)
This is classic New England sports. Patriots got caught cheating a few years ago and now with under inflated Footballs. Brady can say what he wants but he is the only one with direct contact with the ball and should know if it doesn't feel right to say he didn't know is a joke.
Robert (New Hampshire)
How many pro footballs have you touched in 10 degree weather? I doubt anyone could tell the difference.
geoff berg (warren ri)
320 messages in under an hour; haven't we anything better to do?
Mike Edwards (Providence, RI)
Roger Goodell was acting in strict accordance with the rules of the NFL as drawn up and fully accepted by the team owners and the players’ union. He had an obligation to make a judgement and then be the arbitrator in case of a dispute. The latter, which may seem unreasonable to some, is an express part of the NFL rules.

As in civil cases, Mr. Goodell can apply a lower burden of proof – in this case, the “likely knew” threshold of evidence.

It should have been up to the owners to reverse this decision or not, as they created the agreed upon rules. The fact that they didn’t make any move to overturn the decision is a clear indication that Mr. Goodell carried out his job correctly.
Finny (New York)
Perhaps. But what about what the judge actually ruled? That the bargaining agreement was in essence, violated?
East84 (New York, NY)
courts have jurisdiction over the nfl??? ever penalty and hence game result can now be taken to court???
it always seemed silly that he was being suspended for regular season games when the incident occurred in a playoff game -maybe by the time this is a sorted out, he can be suspended for the playoffs the way he should have been in the first place.
Finny (New York)
When there is, in essence, a contract dispute -- yes, US courts do have jurisdiction.
Robert (New Hampshire)
The courts saw the case because it was a labor issue. The courts rule on labor issues! The fact that it was football has nothing to do with it.
BillG (Hollywood, CA)
Just one more example that if you got the bucks you can get the justice you want.
Robert (New Hampshire)
i am pretty sure that the NFL has more money than the players union. Feeble argument
Marge Keller (The Midwest)

There isn't enough soap to cleanse the permanent stain on Tom Brady's name, reputation or integrity.
Daniel Rippeteau (Chicago)
So the Patriots are allowed to cheat, but the Jackie Robinson little league team gets stripped of it's title because the coaches committed a "minor crime"? How do we explain that to kids who look to adults for examples of how to behave?
Finny (New York)
Maybe your child will be bright enough to ask you what evidence indicated they cheated...
tk (New Jersey)
Let us all move on.org. Time to enjoy football. None of us are without sin.
Chicago Guy (Chicago, Il)
Good to know that Brady won't have a criminal record now.

What is a federal judge doing in an internal NFL case?

People are acting like Brady just got out of jail because of trumped charges or something, when, I'm pretty sure the DNA is his.

If Roger Federer had his tennis grip size changed, or was playing with tennis balls that were deflated, he would know it.

So, either Brady is lying, or he has absolutely no feeling for his own sport. And we can all guess which is the truth, no matter what the "money" says.

I will never look at Brady or the Pats again without thinking: massive cheaters. Good looking? Yes. But, still a huge fat liar.
Finny (New York)
It's no longer "an internal NFL case" when both the League and the NFLPA file lawsuits in federal court.
Robert (NH)
It was a case of labor vs corporate, thats why it went to court!!
Cleo (New Jersey)
So the Patriots get away with cheating......again. I bet Aaron Hernandez wishes he had had this judge.
Ellie (Boston)
Yeah, possibly knowing about 1 slightly under inflated football and... murder. Totally the same thing.
Alan Chaprack (The Fabulous Upper West Side)
Lousy career. Homely wife. The guy needed a break.
Dr. Jim (Greenville)
I'm very disappointed in Tom Brady. Whatever the merits of the judge's ruling, Brady has demonstrated a mark of poor character and avoided owning up to the consequences,

Like millions of others, I'll never look at him the same again.
Robert (NH)
And with the comment he will never look at you the same again either...
Cozyjoe (San Diego, CA)
"An underinflated football would be easier for a quarterback to grip and throw." Source please? Perhaps you might ask Aaron Rodgers his opinion.
pjt (Delmar, NY)
Yet another "O.J." victory.
Frank Esquilo (Chevy Chase, MD)
As forecasted, Brady's legacy remains untarnished. Many of us, not from New England by the way, always doubted the evidence which was far from conclusive. There was no way that the arguments first stated in the Wells report would stand. It's a great day for Brady, for the Patriots, and for those of us who are against accusations without proof. Ready for September 10 and a new season of football!
sbmd (florida)
Frank Esquillo of MD: "Ready for September 10 and a new season of football!" And a new season of trying to fool the referees and gain that little edge on the border of legal/illegal that will lead to victory - the only thing worth playing for. Football is Big Money now, and sportsmanship - that old ragtag virtue - has no place in the Big Game, and Tom Brady & his ilk know that. So whatever you can get away with, try for it - the lawyers have your back!
Finny (New York)
Better read the judge's ruling again. He didn't address the charge of cheating. He only said the League violated the collective bargaining agreement.
N B (Texas)
As you get older as an athlete, you gotta cheat to remain relevant. Brady now joins the list that includes: Bonds, Clemons, McGuire, Rose, Rodriguez.
Peter Olafson (La Jolla)
I don't really follow sports, but I'm happy to see common sense prevail. The NFL's investigation struck me from the first as a poorly stitched-together affair designed to support the commissioner's ruling.
dji (n. ft. myers fl.)
this is wrong on so many levels. he didn't know he would be suspended for not cooperating? did this brainless lying pig go to college? c'mon. this guy should hve been suspended for a year. he broke the rules.
Peter M. (Oak Bluffs, MA)
I know this may be hard for you to comprehend but no player has ever been suspended for "not cooperating". Why is it he should have "known" that non cooperation would result in a suspension?
Michael B. (Washington, DC)
If this were an issue with a auto worker who was suspended without due cause, which was a violation of his rights, I wonder how long it would have taken him to get into court?

I think this is the right decision but really, I am amazed that the NFL and the Union can get a federal judge to agree that this is a matter of such importance that he will tailor his schedule to the beginning of the football season. I wonder what other issues are on Judge Berman's docket that were pushed aside for this.
Main Street (Canada)
What they did is shameful, penalty or not. Ludicrous salaries are justified as necessary to buy the best of the very best - but if Brady is just a better cheater, how can anyone justify the insane amounts of money ...

wait, I may have just had an insight ...

Is this also the same reason they pay the banisters ridiculous sums of money? To be better cheaters and liars? It's all starting to make sense.
Nedro (Pittsburgh)
We in higher education administration know all too well that codes of conduct with very explicit language are essential to properly adjudicate these sorts of cases. This was a civil case. The terms and conditions of civil suites virtually mirror those found in student conduct disciplinary matters. Was there "more reason than not to believe that Mr. Brady knew about the deflation?" Was there "a preponderance of evidence?" Those are the rules of evidence we use, and they work well. Goodell and the NFL are well-advised to borrow from higher ed's rule book and draft one as soon as possible.
Peter L (MA)
Time for Goddell to be dismissed. He has been an embarrassment
to the game as he hid facts and blew smoke to save his failing reputation. Goddell has been overinflated for some time now. Judge Berman got this right by deflating the ones that needed it. Through law and justice the system got it right!
Jason R (New York, NY)
I never got why this was such a big deal. I see it as the equivalent in baseball of pitchers using pine tar for a better grip in cold weather, which is technically against the rules but everyone does it anyway, and no one complains because their pitcher is doing it too. The only time it's a problem is like when Michael Pineda did it so blatantly the umpires had to do something about it.
Barbara (L.A.)
If you are breaking the rules of the game, you are cheating. How much respect can you have for victories brought about by cheating? A professional athlete should win on the merits and skill of his game.
colonelpanic (Michigan)
This should never have gone to court. The court should not be an extension of a stadium cheering section. The judge has not changed my mind that Brady and the Patriots systematically cheat. To see that cheating in football is condoned here shows me that "the fix" is in at the very highest levels of law enforcement.
Scaryguy (San Francisco, CA)
Hard to imagine anyone ever referring to the New England Patriots as having a "storied" tradition. "Notorious", maybe. The game is about stories, and the stories coming from the Patriots [and the NFL in general] these days aren't pleasant.
George Ebertin (Denton, Texas)
While this might come across as a loss for the NFL, Roger Goodell and the 32 team owners secretly relish the attention this trivial matter has garnered. Football fans and too many members of the lay public (and press) have allowed themselves to be distracted by this nonstory, which they would rather think about than the long-term physical and cognitive damage the sport has on its participants. While I had high hopes that the forthcoming movie "Concussion" would resonate with more of the general public, that now seems questionable considered the recent report of Sony's capitulation to the NFL regarding the movie's production. It's all really a sad indictment of our culture.
Elizabeth (East Taunton, Massachusetts)
Case closed. Play ball.
Jim (Suburban Philadelphia, PA)
Are you kidding? By writing that Godell, "...has tried to expand his authority to suspend players for what he perceives to be violations of the integrity of the game" - using the word integrity and the name Goodell in the same sentence - especially on the subject of the NFL, you have given us one of the all time greatest examples of oxymoronic language in this newspaper's history!
Gene S. (Hollis, N.H.)
The NFL would be well served if Goodell were retired and replaced with someone equipped with actual brains.
EOC (Massachusetts)
If the league cared so much about the uniformity of balls, it would supply and control them like baseball does. To win consistently at the level of the NFL, you take every advantage possible (hopefully within the rules) and winning consistently breeds resentment, but this was the equivalent of scuffing a baseball and was always way out of proportion.
M240B (D.C.)
This is exactly the outcome that Goodell wanted and, indeed, engineered. He gets to look like he is cleaning up the league and is a tough enforcer without losing a big money maker for four games. Meanwhile, we have all forgotten the Ray Rice two game suspension for aggravated assault and the brain injury cover up.
If the league actually cared about fairness and proper inflation, it wouldn't leave enforcement to the teams. Brady and Goodell are sharing a toast and a laugh right now.
Paul (San Francisco)
The reporter says "an under inflated football would be easier for a quarterback to grip and throw." There is no evidence that this is true. But of course, there is no evidence for a lot of the things people have said about this ridiculous witchhunt.
Lil' Roundtop (Massachusetts)
Quite true - see Aaron Rodgers, who admitted to preferring and having OVER-inflated footballs.
Jon W (Portland)
What the judge ruled on and deflate was not the issue.Let's move on.Also other qb's,aaron rodgers,peyton manning are two others who 'knew' about inflation deflation practices.I would bet this has gone on for a long time in all pro,college even high school programs.It's always about a competitive edge against your opponent.Look at all the enhancement performing issues,used for the same purpose.I hope the nfl does not appeal and also moves on.....Let's have an enjoyable NFL season from here on...
Michael L Hays (Las Cruces, NM)
Roger Goodell is an over-paid, over-age fraternity boy with a severe case of arrested moral development and absent management skills. But he photographs well; has an easy, country-club manner; and is thereby qualified for his position.
Mark Roderick (Cherry Hill, NJ)
Clearly the right result. There was no "investigation" in this case. There was a one-sided list of accusations masquerading as an investigation, written by a lawyer who represents one of the litigants, for goodness sake.

As amply demonstrated previously, Roger Goodell doesn't know the difference between public relations and player discipline. He viewed this situation, like the Ray Rice situation and every other situation, completely as a public relations exercise. He wanted to "punish" the Patriots and thereby rehabilitate his own reputation. So he hired a lawyer and got the "report" he paid for.

But the whole thing was garbage from the beginning.

If they're smart, the NFL owners will leave the public relations stuff to Goodell and transfer responsibility for player discipline to someone else.
Jason Shapiro (Santa Fe)
Now what are Roger Goodell and the NFL going to use as a smokescreen for their attempts to obfuscate investigations into concussions and other medical problems directly related to the game? You cannot deflate the ball, but you are not allowed to hide it either.
Magnus Maximus (Lincoln, NE)
"Judge Berman’s ruling is a blow to Goodell, who has tried to expand his authority to suspend players for what he perceives to be violations of the integrity of the game."

What is a "violation of the integrity of the game" is inherently subjective.

Herodotus tells us of a culture in India where people ate the dead bodies of their relatives. To the Greeks (who burned their dead), this was an abomination. However, to the people who ate their dead, burning the dead was an abomination.

Supposedly, obtaining "insider information" violates the integrity of the stock market. However, most people will do anything they can to gain an advantage in investing their hard-earned dollars.

Is what Tom Brady did any worse than a baseball pitcher "loading up" the ball? Throwing spitters has always been part of the game of baseball and certainly is not nearly as bad as getting juiced to give you an advantage.
stever (NH)
There is doubt that Roger G should be fired for general incompetence by the owners . To think this guy makes $ 40 Million is a joke. Despite the fact that the NE patriots are pretty much hated by the rest of the league I think most of the fans would loudly cheer Roger's dismissal.
rick (Ny)
"Judge Richard M. Berman of Federal District Court in Manhattan did not rule on whether Brady tampered with the footballs in a bid for competitive advantage." WASN'T THAT KIND OF THE WHOLE POINT THOUGH?
Confounded (No Place In Particular)
No, that was not the point.
The point was whether the NFL could legally suspend Brady for 4 games.
Fabian (Regina, SK, Canada)
Please, enough of this, this whole situation is beyond moot. Colts complained in the first half, refs replaced the balls. Patriots scored more points when the balls were replaced. How did this even turn into this debacle? Now, if this was some jobber on a lousy team during regular season... would it have turned into this? Beyond ridiculous. That being said, lets get this season going! ;)
Rae (New Jersey)
How? Haters gonna hate (and whine). People talk about not looking at Brady the same way anymore. There are dozens of players and sportscasters/writers that will never have my respect for immediately jumping on the "lynch Brady" bandwagon.
Matt Ng (NY, NY)
The science in the Wells report is terrible. Hardly any consideration for science, the science it was based on has been trashed.

Looks like you'll have to keep looking for conspiracies while we keep winning Super Bowls!
Sam I Am (Windsor, CT)
Although the decision did not (as it could not) address the underlying issue under 'investigation' by the league, the decision did make clear that in multiple dimensions the process used by the league was arbitrary, capricious, and lacking in the most basic standards of fairness, and the punishment levied was untethered to precedent, notice and the actual rules.

If the NFL still feels like Brady tampered with footballs it is welcome to begin again, and have a process that actually is fair and independent, and levy a punishment that comports with precedent and the actual rules. The Patriots, Tom Brady, New England football fans WELCOME a full, fair and independent investigation of the allegations. As Berman mentioned, the NFL admitted that it had no direct evidence of tampering and to conclude there was tampering, Wells needed to presume that the referee correctly recalled which of two gauges were used pre-game to test the balls, but incorrectly recalled which was used at halftime. No fair investigator could make such blatantly prosecutorial inconsistent presumptions. THERE WAS NO TAMPERING.
robertssteal04 (Kansas)
too bad Jets fans...(oops I mean NFL HQ)

Looking forward to Goodell's retirement. he's got as much credibility as Trump
RLJ (Cashiers, NC)
The commissioner assured this outcome through his typically ham fisted handling of the incident. Brady has proven repeatedly that he will stretch the boundaries of 'legal' cheating whenever possible. This won't be te last scandal with a Brady-Bellichek imprimatur.
John Figliozzi (Halfmoon, NY)
I was not aware, until this event occurred, that the NFL - incredibly - allows teams to have their own footballs prepared to their own liking. Really? In what universe does this make sense or ensure a level playing field for all? There is a way to ensure that this never happens again. Stop with the "specialty" footballs - for teams, for throwing, for kicking, etc. Have one standard football for all situations kept always in the possession of game officials. Period.
David (White Plains)
John, I agree with you 100%.
Calista (Michigan)
Read the texts by the equipment men, who called themselves "the deflator" who complained Tom Brady was the one making them deflate the balls.
Nizzel (Chicago)
You have to read into those texts a whole lot more than is actually there to come to that conclusion. The most damning price of evidence was the guy who called himself the
"Deflator." I agree that that is strange but I do not agree that we can reasonably come to the conclusion that Tom Brady was the head of a conspiracy to let air out of footballs to gain a competitive advantage during the colts game based on that text message.
Lil' Roundtop (Massachusetts)
Good decision, right decision. And maybe now we can move on to more important questions, such as why organizations and people of seemingly unlimited financial means are allowed to run to the head of the line when it comes to having their disputes of questionable merit heard in federal courts that are supposedly overbooked and understaffed but theoretically there for everyone.
jw bogey (nyhimself)
A ridiculous episode in an NFL full of ridiculous episodes, many much more serious than micromanaging ball inflation pressure in a game with a final score of 45-7 Pats. How much did Goodell spend on this witchhunt? An equivalent amount should be paid into the expense fund for brain injuries to players with inadequate protection!
Gretchen (Houston, TX)
So Brady and Belli-cheat get away with their latest chicanery on a legal technicality. Why am I not surprised in the least?
Krystal (MA)
You're right, Tom Brady should be executed by firing squad for someone else allegedly letting some air out of a ball, an action which gave the team no advantage at all. You're very smart.
SP (USA)
I am sure the rest of the country feels deflated....Go PATS!
Terry (Nevada)
Not surprising. The NFL is slowly becoming a joke. Brady's just helping that along, like the rest of the thugs and clowns who operate and work for it. How long until it turns into professional wresting?
John (North Carolina)
Brady was culpable -- no question. For him to walk free is an outrage. The NBL is a total joke.
algeez (Lake Havasu City, AZ)
Why would you even have a commissioner if he has no power to enforce the rules as he sees them? From now on, the office of NFL Commissioner will be a joke.
dittoheadadt (San Juan, PR)
MORE misreporting: "...but the N.F.L. report said the preponderance of evidence made it likely he knew about the balls."

The report only alleges that he "more likely than not..." which is a far, FAR lower threshold than "likely."

You'd think that by now, 8 months into this circus, alleged journalists could get the basic facts correct, could understand the meanings of the relevant words and concepts.
Jeff k (NH)
The judge could not overturn Goodell's decision based on a disagreement over whether Brady was actually guilty, however, the judge did state: "The Court concludes that, as a matter of law, no NFL policy or precedent notifies players that they may be disciplined (much less suspended) for general awareness of misconduct of others." In other words, the judge doesn't believe that the evidence establishes that Brady had anything to do with the tampering of footballs.
GWE (No)
Tom Brady is a cheater and nothing will ever allow me to see him as anything other than that. Further, when he looks in the mirror, that is also what he will see....a cheater, a liar, and someone willing to allow others to be scapegoated.

Bleagh.
Laura Hunt (here there and everywhere)
Cheating certainly paid off for this cry baby. The judge must be a Patriots fan.
Rae (New Jersey)
Uh, the cry babies are the Colts & the rest of the whiners, not Brady.
John (Va)
It is good that Brady fought this, and refused to give up his cell phone. We are in a society that encourages everyone to kowtow to authority, to treat police with respect.
People who can afford it, have to start saying enough is enough. Just because you accuse me, does not mean I have to cooperate fully.
Guitar Man (new York, NY)
Brady wins only in the court of law.

We "regular people" can continue to win by using this fiasco as an opportunity to teach our children important lessons about fair play, cheating, and simply doing the right thing.

It will be too easy for kids to think that Brady and the Patriots are innocent simply because the verdict was overturned. Talk to your kids! I'll sure be talking to mine.
Matt (San Rafael, CA)
Why does the NFL even bother having a commissioner? The current collective bargaining agreement apparently renders him powerless to do what he thinks is in the best interests of the game, which is the whole job he's supposed to perform. Sad.
Mike (NYC)
I honestly don't care if he deflated the ball at all. Ball pressure should be in a range, not one specific setting. Brady is a super star, champion. Are you going to tell me that because he likes the ball a little bit softer that he isn't as great as he is? Give me a break!
Confounded (No Place In Particular)
Ummmm, it is specified as a range. The deflated balls we below the low end of the range.
Jeff P (Pittsfield, ME)
I don't know if a CBA can be reopened, but I would think that after another embarrassing loss in court the NFL would want to establish procedures for an independent arbitrator to resolve disciplinary disputes.
dittoheadadt (San Juan, PR)
"...scoring most of its points in the second half after the Colts had complained about the balls..."

Uh, helloooooo. You failed to include the most relevant facts, which include that the balls were re-inflated and in some cases over-inflated for the second half, and that the ONLY ball that measured significantly underinflated at halftime was the ball that was in the Colts' possession for the entire 2nd quarter. Can you spell "tampering?"

Oh, and as to your blanket statement that "an underinflated football would be easier for a quarterback to grip and throw," how 'bout you explain why Aaron Rodgers prefers his footballs to be OVERinflated. Or does he just prefer footballs that are more difficult to grip and throw?
Dave (San Antonio, TX)
My mom was wrong, cheaters DO prosper. One more reason I won't be watching NFL football this year. Tired of criminals, wife beaters and the other corruption huge amounts of money cause.
andy stevens (simi valley)
I do appreciate the Colts noticing the deflated balls at halftime. Tom did much better in the second half with the properly inflated ones. lol. 45-7 hahahah.
John Spurlock (Texas)
There seems to be a pattern for Talentless Tom

First he cheats to get into the Superbowl,
Then he finds an inept Judge to help him cheat his way out of the penalty

He is the perfect symbol for Obama & Clinton's America.
Honesty is old fashioned and out of date. Forget about it.
Cheating is better, especially if it gets you what you want.

He probably approves of shooting Police Officers as well.
His Organization must be called "Rich Lives Matter"
Just another Over-Priviledged Northeastern Liberal.
I hope another NFL team puts a boutny on him.

I'll be contactng all NFL sposors to inform them
I will be boycotting them until Tom Brady is banned
from Professional Football in the USA.

I urge everyone who dislikes cheats to do the same.

Lets force honesty back into American Society.
SteveRR (CA)
In a deluge of silly and senseless comments - your characterization of Tom as talentless is the best one so far.

You win the Bizarro Commentary Award.
Chico (Laconia, NH)

Hey Roger Goodell, I'm 50 year New England Patriot Fan, and here's a big middle finger to you!

You over reached, didn't have any evidence what so ever and showed the public not only how stupid you are as the head of the NFL, but how stupid and petty the NFL office flunkies under you are.......you embarrassed football and stained the character of one of the all time greatest players in NFL and the cleanest player who has always done it the right way!

Goodell and the NFL flunkies disregarded any evidence pointing to atmosphere and trumped up a worthless Wells Report that was a joke, and try to trump up charges with no proof that the Patriots ever did anything wrong. They tested 12 of the Patriots footballs after, and only test 4 of the Colts....11 of the 12 of Patriots were under, but based on the gaging used by Walt Anderson and error of atmospheric conditions would have been legal. You never pointed to the Colts, who had 3 of the 4 test under and not within legal parameters......Goodell and your flunkies are a bunch of donkeys!
love tennis (Santa Fe)
I knew it. I've been saying it since the suspension was handed down. When you are a filthy rich team, not only can you buy the best players, you can also buy your way out of trouble.

An embarrassing day for sports...and the American justice system. They even help the rich guys cheat at sports!
TBC (Mass)
The witch hunts. The Greatest Of All Time goes for #5.
Bruce (Detroit)
Many people were pleased when Goodell made his decision, base on his kangaroo court.

Reading the comments, many readers are angry because Judge Berman made a decision, based on fairness. It's disturbing, but not surprising that many readers prefer a kangaroo court to a level playing field.
FH (Boston)
I never saw the suspense about this decision. I'm not a big football fan but it is clear to me that Goodell is inept. I don't have time to get into the weeds on air pressure in footballs, but I do know that in labor relations it is very difficult (if not impossible) to set precedents by unilateral action. Penalties, notices and all the attendant details have to be negotiated. None of that happened here. Focus on the process, not the content. The process is so flawed that it does not allow discussion about the content.
Jon Harrison (Poultney, VT)
Brady almost certainly knew about the underinflated balls, but the punishment didn't fit the crime. Every team and every quarterback tries to bend the rules for a competitive advantage, and typically such behavior warrants a fine. The NFL used a sledgehammer to kill a fly.

The Patriots are capable of cheating, but fans of other teams shouldn't kid themselves. Everybody seeks competitive advantage outside the rules, if they think they can get away with it.
Christine McMorrow (Waltham, MA)
More time and energy has been wasted on this witch hunt than what should have been spent on improving game safety and protecting players from concussions.

Rodger Goodell is simply not up to this job. He's capricious, arbitrary and a stooge of the greedy owners who were egging him on this crazy vendetta.
I wish he could be thrown and the whole league reorganized. It will have to be, to gain any credibility which it's really lost with this fourth major miscalculation. You just don't go after people other teams hate to serve as your scapegoat for prior miscalculations.

I bet the NFL rues the day it opted to transfer the case from Minnesota to NYC. I hope the NFL now drops this and assesses its standing in the minds of football fans everywhere.
John Figliozzi (Halfmoon, NY)
And they say cheaters never win.
david watson (los angeles)
Patriot fans will mistakenly believe this ruling is an exoneration of Brady. It is, in fact, a repudiation of the process leading to the four game suspension, which needs drastic revision and a more uniform code. No one outside of New England thinks Brady is innocent, he's merely the beneficiary of a legal maneuver that turned in his favor. The legacy that Brady so fiercely protects will remain tarnished, no matter what the courts rule.
Shawn King (Chico, CA)
Sorry, all the way from California, and he is innocent.

A simple question for you: Did you read the Wells report?

Colts balls were also underinflated, but NFL stopped measuring them! Meantime, the actual readings showed essentially same readings for both teams. Play football or basketball outside for a couple of hours in the cold, balls do in fact lose pressure.
Tony (Boston)
Apparently everyone outside of New England does not need proof to find someone guilty of wrong doing. “Generally Aware” is what you are going to use to prove someone’s guilt? Glad I live in New England then…
SteveRR (CA)
There was not a shred of evidence presented that linked Bray to any under-inflation of the footballs - ever - period.

Read the report - tread the Judge's comments.
TruthOverHarmony (CA)
OK, now Mr Goodell and the NFL can focus their energies on trying to "deflate" the fallout from the the coming Concussion movie. Now THAT will be the real "Deflategate."
Kathleen Kenney (NYC)
After the AFL victory game when Brady was asked if he had any regrets considering the deflated ball gave his team an advantage, he boldly answered, "ABSOLUTELY NOT."
Does a lack of integrity exist in the characters of Mr. Brady and Judge Berman? My answer: "ABSOLUTELY."
Frank (Durham)
My question is the following: if the rate of inflation of the ball is of such moment that it affects the result of the game, why dos the NFL allow each team to control the ball? In soccer, the referee controls the ball, tests its tension before the game and gets possession of the ball at the end of the game.
The logical consequence of this controversy is for the League to allow the officials to control the ball. The other questions are: why didm't the referees of the Patriot game notice the irregularity of the ball?
Does the final score show that it was the condition of the ball that determined the outcome?
Ayshford (New York, NY)
In this photo Mr Brady does exhibit the diabolical look that surprised everyone when it was captured by the courtroom artist.
Ben (Kennedy)
I'm no Patriots fan, but Judge Berman got this one right. If the NFL wants to penalize players for this kind of thing they at least need reasonable guidelines for doing so. I'm a bit tired of Roger Goddell as NFL judge, jury, and executioner. Under the guise of "protecting the game" he has demonstrated he will play down incidents (Ray Rice, before the video became public) or play them up (deflate-gate) as He sees fit, without any degree of fairness or impartiality.
Patrick McNulty (Rhode Island)
The investigation was flawed from the beginning. There was no substance to the investigative conclusion. Words such as "likely" and "more probable than not" are not a standard and would "most likely" be worlds used in gossip around a water cooler rather than in an investigative report. I would have thought "facts" and "corroborated" and "evidence indicates" might have shown up somewhere in the report. A waste of money, a waste of time and money better spent in investigating, implementing and compensating victims of head trauma in the NFL.
Anetliner Netliner (Washington, DC area)
Disagree. The Wells Report established sufficient circumstantial evidence, beyond a reasonable doubt.
Charlie M. (Brookline, MA)
What most folks don't seem to understand is that the difference between inflated and under-inflated is minuscule in this context. Even if you hate Tom Brady, and even if he winked at the equipment guys attempts to provide a little edge, getting an edge is what all professional athletes attempt, staying close to the line of legality/illegality. This is close to the line, and it is not as clear a line as one might think. This is not the secret doping of professional bicyclists. This is not about splitting legal hairs, or rationalizing bad acts-- it is about putting events in context. The folks who feel such an overwhelming antipathy to Brady (perhaps even to the relentlessly successful Patriots) aren't manufacturing judgments out of thin air--- but their indignity is seriously overinflated.
Dave (Seattle)
Disagree. The turnover margin is incredibly important to the outcome of football games. Let's see what happens to the Patriots' fumble rate this season.
Richard (Denver CO)
Yes, this is about the integrity of the game, viewed from Brookline or from Boise. Meaning this is about the trustworthiness of the NFL as a whole.
So next time I push $1000 to Vegas I will have to smell out the other team's "closeness to the line" of something? I suppose Berman and Charlie M are saying "damn right you do."
tony (wv)
Well said--an element that hasn't been heard much.
Martin (Manhattan)
Why is it “unlikely that an equipment assistant and a locker room attendant would deflate game balls without Brady’s knowledge and approval.’??? Anyone who knew that Brady and by extension the team would enjoy an advantage from under-inflated balls might take it upon themselves to do it or have it done. And quarterbacks aren't the only ones who throw the ball... That's a very weak basis for concluding that someone is a cheat.
PE (Seattle, WA)
With something as important as integrity of the game, Goodell had an obligation to follow through with punishment when Brady was not forthcoming during the investigation. Employers have a right to demote and suspend when their product is tampered with and when employees do not cooperate while trying to find the truth. Goodell's job is to protect the NFL brand name. Brady's job has been to protect his own name. Perhaps both are not doing a good job at this.
walter fisher (ann arbor michigan)
They are unionized so rules must be spelled out in the contract. The Judge did not rule that Brady was innocent of the whole affair, just that the league had an obligation to inform players what awaited them in such events.
Jeffrey B. (Greer, SC)
The NFL brand name is in need of some serious Tarnish remover ... and not that junk they sell on Late-Night-T.V.
tomasi (Indiana)
Absolutely the right outcome.

The evidence was thin, the support for the conclusions was even weaker, the rationales for the severity of the punishment were absurd.

This entire tempest in a teapot smelled from the outset like a Goodell-engineered distraction, an attempt to blow smoke over the concussion-related injuries and the spousal abuse which are the real scandal of the NFL game.

A fair outcome which rights a manifest injustice.
qroo013 (colorado)
But the two New England employees get fired? For what? And that's the right outcome?
FreeRange (Everywhere, America)
Nonsense. This is a team and culture that has been found guilty of cheating before. The punishment wasn't harsh enough. This is about the integrity of the game. Something the Patroits know little about.
james davisson (maine)
Probably more like an effort to promote parity in the league by hitting the Patriots with ridiculous penalties to give the rest of the league a chance to catch them.
Peter Cabana (Retired)
It makes me sick to see that BIG money can still buy Judges.
Lil' Roundtop (Massachusetts)
Meaning Brady and the players' union have more money than the NFL???
Shawn King (Chico, CA)
Who has more money than the NFL?
N Whitten (New York, NY)
Conspiracy theory #12 - Goodell asks the judge to overturn so the league (read: sports entertainment industry) can get it's leading man out on the field for the opening number, while saving face by looking as if he tried his best to discipline the Patriots. On with the show!
Marc Schenker (Ft. Lauderdale)
Billionaires and mobsters hide behind front organizations allowing underlings to do the dirty work. Tom Brady hid behind assistants who deflated footballs at his request -- do you think they did it on their own? The ruling is a sham. Once again The Patriots, Bill Belichik and Brady have gotten away with cheating. And made a mockery of pro football.
Alan (Los Angeles)
A technical ruling about the punishment. Brady is still a cheat.
Jim (Phoenix)
Plain and simple. When a federal judge, especially one in the Southern NY District, tells you to work out a settlement, you need to work out a settlement. Given all the time and hints the judge gave to the NFL, it's highly unlikely the NFL will get anywhere on appeal. The appeals court is likely to be quite vexed if they're asked to review this, since they have much more important things to do with their time than debate punishments for possibly being aware of something that did not affect the outcome of a football game. Bottom line: the NFL should have declared victory and let Brady off with a fine at some point.
galtsgulch (sugar loaf, ny)
Tom Brady is a cheater.
Just because you're found not guilty doesn't mean you are not guilty.
Right OJ?
Brian (NJ)
Oh please... you cannot be seriously comparing the evidence against OJ and Brady. If you are, Brady could be Mother Teresa and you'd still find fault.
Nizzel (Chicago)
Just because you say he's a cheater doesn't mean he is. Any evidence you bring up can be argued away. All the league had was that Brady wouldn't give up his phone and a guy he called himself "the deflator." They should have just stuck with punishing for non compliance with the investigation and stuck with that but they didn't. They claimed he cheated by having general knowledge, then bumped it up to an outright conspiracy with Brady as the mastermind. That is absolutely madness. The judge poked all sorts of holes in the leagues case, including showing that there was no direct evidence to show he cheated in the first place. Get over it. I thought he was guilty as sin and happy about it in the beginning. But how can anyone continue to think he's guilty after this all played out.
Abbott Hall (Westfield, NJ)
For all the folks who hate the Patriots and who are angry about this decision, you need to actually understand the facts of the case and not the media spin that the NFL has engaged in from day 1. And the most important fact is that the NFL stopped measuring the balls that the Colts used when 3 of the first 4 measured under the lower limit with one of the two gauges. Ipso facto, there was no case from the outset. This was a sting operation against the Patriots from the outset for the purpose of restoring Goodell's reputation after the Rice fiasco but it backfired on him and the NFL. What executive who is paid $44M sets out to destroy one of his best performers? Goodell should be sacked immediately.
Maxwell De Winter (N.Y.C.)
Incorrect Fact: 1 out of the 4 balls was under inflated! However it was a fiasco that finally was settled correctly.
Marge Keller (The Midwest)
At the end of the day, only Mr. Brady knows the whole truth and the real story. The permanent stink this controversy will leave on his name, his credibility, and his integrity will follow him and his reputation for many years to come. The only thing the federal judge's ruling accomplished was placing a second asterisk next to Mr. Brady's name in the record books.
wally dunn (ny, ny)
Sorry -- what was the first asterisk...?
justdoit (NJ)
Worst is Kraft and Goodell appear too have stood by their 'principles' in pressing their cases.

No one is guilty of the actual crime and the the judge's 'procedure' call on Brady doesn't even penalize him 5 yds.
NH Librarian (NH)
Roger Goodell is the biggest blot on the "integrity of the game"--his tenure is a joke that should end.
Mark Moss (Bethlehem, PA)
OK. The cheater skates on legal technicalities that don't really speak to the fact that he's a cheat. Congratulations, Pat fans! Hope you're proud!
Tony (Boston, MA)
What legal technicality? There was no proof (generally aware) and the ruling was that the NFL was not justified in the punishment.

Steelers fan?
Nizzel (Chicago)
On the first day of the court hearings the judge public ally challenged the NFLs evidence. He wanted to know where the evidence was that the Patriots had tampered with the balls. The league basically said there was no direct evidence, but that it didn't matter anyways. Then the judge pointed out that the Patriots actually played better in the second half after the balls were discovered and corrected. So where's the advantage.? The judge had access to everything the NFL had and made it clear he saw nothing to prove they cheated.
Gene S. (Hollis, N.H.)
This was an obvious result. The judge did not need to examine the evidence or the Wells report. Goodell was operating well outside the language and intent of the Collective Bargaining Agreement.

It is a pity that Judge Berman did not examine the Wells firm's qualifications to investigate the matter. They are obviously not unbiased, since they are the NFL's principal law form.

It is also too bad that the judge did not take the opportunity to review the data and findings of the Wells Report. For a top-tier law firm, it was very sloppy work. If I were an NFL owner I would object to Goodell paying their bill.
Daniel Craig (New York NY)
Time for Roger to go...his ego is bigger than all of NYC
Way to go Tom !!
Foot Drop (Beechhurst)
Berman was originally laying 6.5 with the Pats. The line has now moved to 10. Berman is now playing both sides and hoping for a "middle."
sbmd (florida)
"Brady’s lawyers had argued that the N.F.L. did not warn him that he could be suspended for not cooperating with the league’s investigation."
Now, was Ray Rice, who beat his wife in an elevator notified that he could be suspended or thrown off the team for his heinous act?
Are all the football players accused of acts of violence and various sorts of mayhem detrimental to the team and subsequently penalized for their actions going to have their penalties reversed because they weren't warned in advance? Did Brady not have the common sense to realize that not cooperating with an investigation would have consequences?
What are we, crazy all of a sudden?
How on Earth could a superstar quarterback not realize that the balls he was throwing were deflated? Brady and the Patriots are taking the public for a bunch of fools and Judge Berman is not worthy of any honorific title.
Jesse (Houston, TX)
Are you really saying that Ray Rice's physical violence and the deflation of footballs hold the same level of severity? The former involves another person getting beat to a pulp, whereas the latter involves, at most, an unfair playing situation to one of the teams.

The article specifically goes into the precedents of consequences for not cooperating with an investigation: getting fined. not suspended.

Personally, I am more done with Goodell trying to act as judge, jury, and executioner in the NFL. Yes, he's the commissioner, but he frequently oversteps his bounds. This recent snafu with Tom Brady was an overreaction to compensate for his lack of action in the two preceding big name cases: Ray Rice and Adrian Peterson.
sbmd (florida)
Jesse of Huston: note: "Judge Richard M. Berman of Federal District Court in Manhattan did not rule on whether Brady tampered with the footballs in a bid for competitive advantage." The issue is not what was done, but whether notification was given. Ray Rice deserves the same consideration in this respect as Tom Brady. That's the point, not whether there is moral equivalency.
DCBarrister (Washington, DC)
Victory.
Finally a legally sound court ruling in 2015.
john (va)
Let the greatest QB of all time, laugh at all those haters. I died laughing when I heard the announcement. What does Berman and Goddell think? Who cares what Berman and Goodell think.. Play Ball!
Laura Hunt (here there and everywhere)
Yes with deflated footballs.
Mortiser (MA)
I live in Pats country. To me, this is not a day of relief or vindication, but rather a step forward in an unfinished process.

I can't recall a pro sports commissioner in my lifetime conducting himself as abominably as Goodell has done, not just in this case, but consistently throughout his tenure.

For the record, as a Pats fan, I remain outraged that Goodell chose to destroy the Spygate tapes. If the Pats or any other team have done wrong, let's have a record of the evidence and dole out the punishment accordingly.

There are no words to adequately describe Goodell's execrable fulfillment of his authority. I sincerely hope he decides to appeal. Let's expose the full extent of the league's evidentiary process and logic. Let's give Brady's side the information that has previously been withheld from them. Let's put Pash and other witnesses on the stand. Let's correct the damaging misinformation that was leaked and then never retracted or corrected.

Let's also note that if the league had taken steps years ago to ensure the consistency and propriety of the game balls as they did with the kicking balls, we would have never had to embark on this imaginary sham of a process. The NFL has long known full well that various teams take liberties with their own sets of game balls and has never acted to take charge of that issue. All parties are the victims of that dereliction.

I'm not tired of this absurd farce if Goodell's demise lies at the end of the rainbow.
Ayshford (New York, NY)
Dear Judge Berman,
Doesn't Tom Brady's contract, like those of most professional athletes come with a morals clause? That would include cheating. Moreover as quarterback, even if Brady had not ordered the deflation, he would know by touch that the ball was not properly inflated.
wizard149 (New York)
Couldn't care less. Why is America so sports-obsessed that some dude playing a GAME with under-inflated footballs is front page news for the NY Times? Let us all move on a and get a life.
Michael Woodin (Oxford, Ohio)
Great! Vindication for Tom Brady and the Patriots on the thinnest of evidence and innuendo. Compare this to A-Rod? Please! I don't think there can be any comparison of footballs until they are standardized and tested under different weather conditions, not halfway through a game in which the most points were scored after the concern was voiced. Congratulations to the players union. Good luck to Brady and the Patriots against the Steelers!
AK (Seattle)
This ruling had nothing to do with brady's cheating - it was about whether or not the nfl told him about the penalties he might suffer. Apparently they didn't give enough notice.
Concerned Reader (Boston)
Union power run amok.
Chaz (Medford, MA)
New England....defending witch hunts since 1692.
Fred Bloggs (HI)
It seems that cheats do prosper after all. Who knew?
Query (West)
Who knew?

Uhhh, have you been alive to witness the prosecutions since Wall Street destroyed the world economy in 2008?

Yeah, there are no witnesses cause it never happened. Now the boys are busy buying candidates.
Great Lakes State (Michigan)
Cheating signals a lack of integrity and maturity. Judge Berman and Mr. Brady have creepy behaviors and lack moral fiber.
NeverLift (Austin, TX)
This was a contractual matter between an employer and an employee. While the collective bargaining agreement apparently does not, in the judge's opinion, give Goodell explicit authority to suspend Brady, neither does it prohibit any particular disciplinary action nor limit that action. Citing lack of precedent for the action? Well, there is also a lack of precedent for prohibiting the action.

That Brady did not himself physically participate in the deflations, or request the deflations directly . . . he has thrown footballs tens of thousands of times. He sure could feel the balls he was handling yielded a bid more, were easier to grip, and yet he continued the game knowing he was participating in, bluntly, cheating. That the judge never mentioned that aspect of the situation showed he had inadequate knowledge to rule, and should have refused to hear the case.
Mark (Maine)
You should read the ruling. Whether Brady knew about the footballs being deflated or not is not at issue here. It would have been inappropriate for the judge to comment on that. What's at issue is if the league has the authority to penalize Brady, regardless of his alleged knowledge of the "scheme."
Matt (Upstate NY)
"He sure could feel the balls he was handling yielded a bid more, were easier to grip, and yet he continued the game knowing he was participating in, bluntly, cheating."

Evidently you haven't followed the case very closely. Unless one grants Wells' claim that the referee was mistaken in his recollection, the balls were not deflated at all--not beyond what the Ideal Gas Law would predict. That means they were at the same level as all the balls that have been used in cool weather games. On the other hand, even if one grants the Wells report in its entirety, the balls were deflated only .2 (i.e. 1/5 of 1 psi) what the Ideal Gas Law would predict. Are you honestly suggesting that lowering the PSI by .2 has any effect on the game, let alone that Brady should have been able to detect it?

It sounds like you are the one with "inadequate knowledge" in this case.
Magnus Maximus (Lincoln, NE)
It is a non sequitur to argue that because Tom Bracy noticed the ball "felt different," one can logically conclude that cheating had taken place.

Perhaps the air pressure guage used to inflate the footballs before the game was not accurate. Or perhaps the barometric pressure was different when the balls were inflated than during the game.

Remember that under our system of justice a person must be presumed innocent until proven guilty in a court of law. The fact the commissioner thinks Tom Brady is guilty of cheating violates Brady's presumption of innocence.

Brady did the right thing in challenging the commissioner's decision in a court of law.
lakeleader (oologah OK)
Goodell is a petty tyrant who understands neither the rules of fair play or the due process clause (a/k/a/Sixth Amendment), let alone that since he is not God they apply to him, too. The sooner he resigns or is fired, the sooner we can get back to enjoying football as a sport played on a level playing field, not one where a tyrant with a God-complex has his elephant-size thumb on the scales.
Christian (Perpignan, France)
The judge understands and interprets this issue in the context of a dense lattice of overlapping contractual obligations involving the players, the players union, the owners, the municipalities in which the teams are located, the NFL, and the office of the commissioner. All of those who love football and sports more generally see the issue at stake as a matter of fair play by the players and fair treatment of the players by the NFL. The enjoyment of football for its fans depends on great part that two paradigms track one another meaningfully. The legal paradigm must be in service to the ethos that makes sports great - fair play, and fairness to players. Only then are the accomplishments of the players meaningful, the example to the rest of us of the value of hard work and team play worthwhile, and the awe and adoration merited. Those involved in the NFL must work to revise the contractual paradigm to track this sports ethos so that disputes submitted to the courts are resolved in ways that may sense to those who love the game.
Steve R (NY)
I'm not a Pats fan, but also definitely not a Goodell fan. Good to see sanity and fairness prevail.
Patriot (Boston)
Tom gets another ring for this victory.
AK (Seattle)
Unions are dead in this country with the exception of the nfl - where absurdly rich men get protected from cheating and crimes. Where are the pinkertons when you actually need them?
Dan F M (Austin)
My sentiments exactly, AK.
Clyde (North Carolina)
I despise the Patriots and was thrilled when the Giants beat them twice in the Super Bowl. That said, this is the right decision. The more basic issue for me is this: Why does the NFL even have rules about football inflation? Who cares how the footballs are inflated? What harm could possibly come to the game if each team inflated footballs to its desired level? I could see such rules in soccer or other sports where the same ball changes hands regularly but that does not happen in football.
Maxwell De Winter (N.Y.C.)
This is the outcome when people think sensibly, logically and intelligently! The doubters (haters) who posted on here in the past calling Brady a cheater now can question their own character / judgement and hopefully make a correction in their lives going forward! Thank you Judge Berman.
perkoline (<br/>)
Well, of course! He's a STAR!!! Did anyone really expect the suspension to fly?
Neville M. (Chicago, IL)
As I grow older and there are more cases of player misconduct, on and off the field, I've started to lose my interest in watching NFL football. Especially when these cases end up in court and tax payers foot the bill. The game and all it's soap opera twists and turns just seems less and less important in a world with so many other important issues to get involved in.
Lynn (Washington DC)
If you're not cheating you're not trying. When we have a winner take all mentality, what did it cost the Patriots and Brady to cheat? Oh yeah, a Superbowl win and endorsement contracts.
Phil (SNE)
They didn't cheat, and you didn't read any info on this case outside of a few erroneous tweets and headlines that have been since proven wrong. You've also never compared how many times NE has been convicted of cheating vs. other teams. NE is near last on the list of teams who cheat. They're just a target like most great teams become. "Build'em up and tear'em down."

The Judge wasn't a fan of Pat's, he was a fan of common sense and justice.
Gerard (Everett WA)
I can assume that Patriots owner Robert Kraft will now lead an NFL cabal to topple Goodell.
Dave (Connecticut)
Your story failed to mention that the NFL did not even have conclusive evidence that the balls had been deflated. The Patriots footballs were measured at the beginning of halftime, when they had been brought in from the cold, and they were slightly below regulation. So were some of the Colts footballs that were measured even later, after they had been in a heated room for several minutes. In cold weather, the air pressure in a ball tends to go down naturally. When it comes in from the cold, the pressure can rise again. During halftime all the balls were inflated to the proper air pressure and the Patriots won the second half 28-0.
So much for a "competitive advantage"... The Indianapolis Colts were sore losers and the NFL humored them.
Name Unknown (New York)
Stop confusing people with the facts!

Don't you know emotion and team loyalty are the main criteria?
Becca (Florida)
Laughing so hard guess I"m gonna fall off my chair.
lefty442 (Ruthertford)
Money talks; everyone else is ignored....
Bob S. (Canton, CT)
Brady wins in court, very often on the field, and at the bank when cashing his handsome paychecks. But in the court of public opinion he is recognized for what he clearly is: a liar and cheat. The New England Patriots and their fans are a revealing, sad commentary on professional sports in the U.S.A - you're not really trying if you're not cheating.
JohnD (Connecticut)
Your statement is pitiful.
hopgirl (wakefield, ri)
For all you folks, that is Giant and Jets fans, calling Brady a cheater, can someone please exactly show me the hard proof that he cheated? Do you not think that Goodell overstepped the boundaries? Do you think this supposed infraction is worse than spousal or partner abuse? Come on!
Repoman (NYC)
This has been the biggest witch hunt of my adult life..........the Pats beat Indianapolis with fully inflated balls (2nd half) and went on to beat the Seahawks......it isn't Brady who is on trial for so called cheating it is the Patriots overall success that is what has been what is on trial, people cannot accept just how dominant this team is and must find some way to tear it down
Thomas Payne (Cornelius, NC)
On the other side of the universe, Michael Waltrip Racing, the NASCAR team that was embroiled in controversy from Day One when a foreign substance, rumored to be rocket fuel, was found in their intake manifold at Daytona in 2007, announced that they are shutting down at the end of this season and 217 employees will be permanently released on November 1st.
This was compounded in the final regular-season race of 2013 when they ordered one of their drivers to spin-out, causing a caution flag that allowed another of their drivers to gain a spot in the championship "Chase."
So in this case the "cheaters" take the fall, but it's the little guys who are losing their jobs.
Sean (Tokyo)
NFL never had anything to implicate Brady...if they did it would not have been supposed general awareness. What happened to innocent until proven guilty? Oh wait that does not apply to the Internet. Instead of teach my kids about some asterisks, I will be teaching them about being fair to others and to look at everything and everyone with an open mind and without prejudice.
Anthony (Belmont, MA)
Brady is hardly a working stiff, but a great decision for Labor Day. Goodell and his team are an embarrassment and were rightly rebuked by the judge for an egregious overreach.
Jonny Boy (CT)
Tom Brady's Checklist:

Marry Supermodel and father beautiful children - check
Win lots of Superbowls using every possible advantage - check
Preserve image by any means necessary - check
Serve as a poor role model for children everywhere - check
DaveB (Boston MA)
Sure, Goodell - a living, breathing present-day Uriah Heep, is a much better role model for children. No brains, can't read, tries to frame others when there is no evidence, refuses to speak to issues, and makes $40 mill a year. He's a much better role model!
Srini (Texas)
If you are encouraging your children to use professional athletes as role models, it's your fault - not that of the athletes.
Rich (FL)
Only in America! Cheaters always win. What a joke!
Charles Fieselman (IOP, SC / Concord, NC)
I still don't understand the issue, particularly in light of the fact that the referees touch the ball AFTER EVERY PLAY.
Rocky star (In the sticks, NY)
i don't even care much to watch American football.
It's just pathetic the real sport these days is seeing who can squeeze through the narrowest loophole without technically breaking a rule while making the most money with the help of high paid lawyers. Armstrong, Rodriguez, Brady. Superstars all. *
DaveB (Boston MA)
I thought you were talkin' about Goodell, not the athletes.
ZDG (Upper West Side)
Boston sports fans will still, somehow, find a way to be insufferable jerks about this.
John M (Portland ME)
Speaking of which, will the Hilary Clinton e-mail "scandal" turn out to be another Deflategate?
Dr. McNamara (Portland, Oregon)
What a very sad message to send younger (K-12) athletes. Read: Sports in America by Michener written in 1970's. We're following his predictions to the letter.
bkay (USA)
Will anyone now not be watching the Steelers/Patriots game on September 12?
Gretchen (Houston, TX)
I had not planned to watch anyway. The Steelers lost me with their drafting of that under-penalized felon Vick the dog killer. That was the tipping point for me: the NFL today is overpopulated with grossly overpaid bullies, felons, perpetrators of domestic violence, cheats, and criminals of many kinds.
drollere (sebastopol)
guilty. beyond punishment. the world of the rich and famous.
Glenn Silver (Raleigh, NC)
This is further evidence of Roger Goodell's ineptitude. He punished a Brady for fail I ng to cooperate with the Wells' investigation but claimed he was punishing Brady for something else - his role as co-conspirator in deflating footballs. The ruling is correct, Goodell is incompetent, the NFL has egg on its face, and Brady and the Patriots are further tarnished as cheaters for their 'win at all costs' attitude.
tomreel (Norfolk, VA)
Most court watchers saw this coming. The NFL was as overzealous in their investigation & punishment of Tom Brady as they were lazy in their investigation & punishment of Ray Rice.

The judge didn't rule on the cheating but on the NFL's authority to suspend
Brady in the way they did, with Goodell acting as prosecutor, judge and jury.
Turns out a REAL judge said, "Nope; can't do that."

That Brady was "generally aware" of others' activities is not in dispute. But
he was deemed not to have been informed that HE could be suspended for the nefarious activities of others, even if he knew about it. And there was not
sufficient precedent for obstructing an NFL investigation to be punishable by
suspension.

It's a victory for the Union, but the bad taste in my mouth remains. At least this specific practice of changing air pressure in footballs will cease (or be more carefully hidden) in the future by the Pats and any other teams who
were doing this.

As so often happens, the poor underlings who did the deed have lost their
incomes while the well-paid "executive" walks. So to reverse the quote that President Truman kept on his desk, "The Buck Stops Somewhere Short of Here." (Of course, the Pats organization did not get away unscathed so there is at least some consequence.)

Now we can all get on with our national obsession and not worry about
under-inflated footballs or brain damage to the players.
DaveB (Boston MA)
Interesting - you completely ignore that the PSI of the balls in question, while lower than that required, is *completely* explained by the science governing air pressure when the ball is exposed for a while in a lower temperature environment - outdoors in the stadium.

To then suspend Brady for the lower pressure level is like prosecuting someone for bank robbery, when no absence of money at the bank can be proven - just like you have done by concluding that "the poor underlings who did the deed," in fact did no deed at all, since the difference in PSI is completely explained by science.
daddy mom (boston, ma)
I disagree..'That Brady was "generally aware" of others' activities is not in dispute.

It was/is in dispute, but not ruled on. Certainly Brady, his team and the Patriots would dispute the entire premise of all accusations.

The amazingly vague accusations was..."more probable than not that Brady was at least generally aware of the inappropriate activities"...is the results of a poorly orchestrated, biased investigation. Reminds of Kenneth Starr.
Lil' Roundtop (Massachusetts)
One correction: Tom Brady's "general awareness" of the intentional deflation of footballs IS in dispute. Ted Wells alleged it in his report, but neither nor anyone else has proved it.
Bill (MD)
Great! Maybe the courts can start overturning some of the stupid decisions that NASCAR makes too!
Vietvet1968 (California)
Goodell is not and will not be a dictator for the NFL. He can not and he will not expand his authority at the expense of the players he is supposed to protect and help!
Jonathan T (Portland, ME)
Your only error in your comment is the notion that the commissioner in any way is supposed protect and help players. His job, and his hiring, is done by and for the owners, to protect the league and their interests. No commissioner has ever given two $&it$ about the players.
Steve (Ithaca, NY)
So essentially the judge says ignorance of the law IS a defense. I think this judge is a Brady fan, and gives us all a blow to the head. It is decisions like these that destroy faith in our system of justice. Enjoy what you have wrought Judge Berman.
sophia (bangor, maine)
Actually, Steve, I read the judge is a very good friend of the Goodell family. You know, people with connections. But it seems in this case the judge did the correct thing, no matter the connections.
MT (Los Angeles)
Read the story again. The judge found that Brady had no notice of such a penalty. If the league rules said "You can be suspended for having knowledge of wrongdoing by others," that would be a "law." Apparently, no such provision existed. Accordingly, the judge held Brady could not ipso facto be penalized without prior notice of such a possible penalty, i.e., on the whim of Roger Goodell.
Bill Pruitt (Rochester NY)
No, he said not being responsible for being aware of what others are doing is a defense. The only blow to the head is the cliche of the third sentence.
the dogfather (danville ca)
How Unions Protect Employees from Over-reaching, chapter next. It turns out that the NFL is Not that National Feudal League.

HAIL to the Victor!
lamplighter (The Hoosier State)
No dogfather, this was not about unions protecting employees from over-reaching and getting away with it because of union membership, but rather how unions protect employees from overzealous management and management overreach. Do I think Brady ws guilty? Probably... But probably, in this case, was not definitively guilty, and Goodell, under the ageed-upon, negotiated-upon, signed-by-the-NFL terms of the collective bargaining agreement with the players union had not the right or authority to pass down judgment in this manner upon Brady. As I try to decipher the meaning of your post, perhaps I misunderstand your intent, but as to what happened as per Brady, this is what I understand of how he came to be off the hook.
the dogfather (danville ca)
You and I are in violent agreement. The over-reach was by what-passes-for-management in the NFL; the CBA protected Bardy's legitimate interests, pecuniary and otherwise.
thomas (Washington DC)
Goodell's cooked report was ripped apart by true independent experts, who concluded that there was ACTUALLY NO EVIDENCE the balls were under inflated at game time. The court case didn't address that (the law works in strange ways) but the end result was justice served.
XManLA (Los Angeles, CA)
Hey, kids! It's A-Okay to cheat!

Hoping the NFL will appeal and win.
Query (West)
You missed the holding.

Cheating is forbidden, even by the powerful, who cheated to throw out Brady.

Easy call except for sycophants and haters.
jasonb (washington dc)
How about "hey kids! Go to science class and learn about the ideal gas law". Or "hey kids! don't take measurements with two different instruments that aren't calibrated" or "hey kids ! don't leak false information to the media to strengthen your case"
SSticklin (WA)
Oh Tom,
I used to admire you even though I live in Seahawks territory.
But now you're just another A-Rod.
wally dunn (ny, ny)
Yeah, and how many Seahawks players have been suspended for getting caught taking PEDs...?
J. W. (NYC)
Absurd. A-Rod was punished for something he did, Brady was punished for something others did.

But you need to believe what you believe for your own small reason. Just don't pretend that you are basing it on reality or facts. A-Rod cheated. Brady didn't.
Andy Greenberg (NYC)
Everybody loses. I don't think anyone really believes Brady didn't know the balls were deflated but without actual evidence, was pushing the matter this far worth it? This case has now substantially weakened the commissioner's office and by extension the owners' power vs the players union. Given the high rate of trouble of the players -- abuse, arrests, substances, the list goes on and on -- it's kind of a shame, but Goodell has made nothing but missteps since the original Ray Rice decision. I would think this is the beginning of the end for Goodell and so it should be. I know Kraft won't be in his corner. And Tom Brady? He'll get to make another run for the SB, and it may be a spectacular run at that -- because he knows the country outside of New England thinks he cheated and he'll always have something to prove.
J. W. (NYC)
Except that millions of factual observers believe that Brady was not involved in this. So, you're little assertion is based on your own small view from one single perspective.

Brady didn't cheat. No matter how many times you say something does not make it true.
Richard (Los Angeles)
It should be obvious to everyone that Roger Goodell just makes things up as he goes -- this is his fifth straight major disciplinary decision to be overturned.

The league needs to punt its disciplinary process to someone else within the organization who can demonstrate a better grasp of process and, indeed, facts.
DaveB (Boston MA)
You're right - $40 million a year to "Rogah" and another $40 million a year to someone who can read.
Sam I Am (Windsor, CT)
Shouldn't this article include a link to the judicial decision?

http://www.nysd.uscourts.gov/cases/show.php?db=special&amp;id=484
Name Unknown (New York)
Facts matter. Sure, it's fun to suspect a gifted opponent of cheating but the facts say otherwise:

-When checked, only a single ball (of 12) measured below the minimum.
-After the initial complaint, "the Patriots' game balls were re-inflated at halftime to meet specifications."
-The Patriots led 17–7 at the half; in the second half (with all checked footballs) the Patriots scored 28 unanswered points for a final score of 45-7.

Comments like "I guess cheaters do win" shows only an ignorance of facts.
Name Unknown (New York)
Facts matter. Sure, it's fun to suspect a gifted opponent of cheating but the facts say otherwise:

-When checked, only a single ball (of 12) measured below the minimum.
-After the initial complaint, "the Patriots' game balls were re-inflated at halftime to meet specifications."
-The Patriots led 17–7 at the half; in the second half (with all checked footballs) the Patriots scored 28 unanswered points for a final score of 45-7.

Comments like "I guess cheaters do win" shows only an ignorance of facts.
CastleMan (Colorado)
I am not aware that the NFL ever produced any evidence that Brady himself under-inflated the balls, knew that anyone else did, or covered up his knowledge of the act. All they had was that Brady prevented the NFL from reading his text messages. What does that prove?

This whole thing is a tempest in a teapot and, probably by the first week of the season, it will be forgotten. Too bad the real problem the NFL faces - the epidemic of brain disease suffered by its players - will also be so ignored.
CastleMan (Colorado)
I am not aware that the NFL ever produced any evidence that Brady himself under-inflated the balls, knew that anyone else did, or covered up his knowledge of the act. All they had was that Brady prevented the NFL from reading his text messages. What does that prove?

This whole thing is a tempest in a teapot and, probably by the first week of the season, it will be forgotten. Too bad the real problem the NFL faces - the epidemic of brain disease suffered by its players - will also be so ignored.
hillbillynharlem (UptownDowntown)
Commissioner Goodell went to the mat on this one and, lost. His tenure has been plagued by poor judgement and arbitrary penalties. If he doesn't resign then his days are numbered.
hillbillynharlem (UptownDowntown)
Commissioner Goodell went to the mat on this one and, lost. His tenure has been plagued by poor judgement and arbitrary penalties. If he doesn't resign then his days are numbered.
Ken (Maryland)
Good call!

As to the cell phone: (1) Private property which can be disposed of at any time, and in any manner, as the owner sees fit - cannot carry out unwarranted searches and seizures, and (2) Innocent until proven guilty.

Note to Mr. Goodell - in future, do not assume an outcome and then walk back from it and fabricate evidence, false claims, rules, and rule interpretations to suit.

Management 101 note: Always a good idea to tell your employees in advance what is expected of them so they know how to comport themselves.
This avoids misunderstandings and hard feelings later on.
Ken (Maryland)
Good call!

As to the cell phone: (1) Private property which can be disposed of at any time, and in any manner, as the owner sees fit - cannot carry out unwarranted searches and seizures, and (2) Innocent until proven guilty.

Note to Mr. Goodell - in future, do not assume an outcome and then walk back from it and fabricate evidence, false claims, rules, and rule interpretations to suit.

Management 101 note: Always a good idea to tell your employees in advance what is expected of them so they know how to comport themselves.
This avoids misunderstandings and hard feelings later on.
NR (Washington, DC)
This is what we have come to as a nation? It's my responsibility to tell you not to cheat....and that if you are asked a question you should tell the truth.

It is utterly disgusting that the infantilization of our society reaches all levels. The guy makes hundreds of millions of dollars but he needs to be explicitly told to be ethical.
Patrick (Ashland, Oregon)
Hopefully an attorney in labor law can answer these questions:

From my reading of the ruling, it appears, in part, that the judge overruled the suspension because Mr. Brady was not notified that he could be disciplined for "cheating". Is that correct?

secondly, it appears that the judge is saying that, if a player is found guilty of ANY transgression, the penalty must be spelled out and agreed to by the union. is that correct?

Thirdly, this ruling seems to effectively neuter the power of any commissioner in any sport to rule on similar matters. Doesn't that suggest that many (most) future disciplinary actions will be challenged in a Federal court?
Patrick (Ashland, Oregon)
Hopefully an attorney in labor law can answer these questions:

From my reading of the ruling, it appears, in part, that the judge overruled the suspension because Mr. Brady was not notified that he could be disciplined for "cheating". Is that correct?

secondly, it appears that the judge is saying that, if a player is found guilty of ANY transgression, the penalty must be spelled out and agreed to by the union. is that correct?

Thirdly, this ruling seems to effectively neuter the power of any commissioner in any sport to rule on similar matters. Doesn't that suggest that many (most) future disciplinary actions will be challenged in a Federal court?
Dave (Michigan)
if Brady was in collusion with the scheme to slightly deflate the footballs, it doesn't change several basic facts.
1. he beat the colts 45-7 with normal pressure balls
2. if the balls were under question, why did the referees allow them to go unsupervised
3. Every QB does it despite nobody admitting it.
4. If the balls themselves are that important, they should be controlled and provided by the referees like pucks, baseballs and basketballs
Dave (Michigan)
if Brady was in collusion with the scheme to slightly deflate the footballs, it doesn't change several basic facts.
1. he beat the colts 45-7 with normal pressure balls
2. if the balls were under question, why did the referees allow them to go unsupervised
3. Every QB does it despite nobody admitting it.
4. If the balls themselves are that important, they should be controlled and provided by the referees like pucks, baseballs and basketballs
Anetliner Netliner (Washington, DC area)
Having the refs provide the balls is a good idea. Everybody does it isn't much of a defense.
FXQ (Cincinnati)
Good call. Better than the ones made by the substitution refs hired by the NFL a few years back- so much for protecting the integrity of the game. And thank you NYT for mentioning that the Patriots scored most of their points AFTER the Colts had complained of ball pressure. I'm sure the Colts wished they hadn't complained. This whole issue and investigation was an overreach by the NFL and Goodell. Chalk up another win for the Patriots and Brady.
FXQ (Cincinnati)
Good call. Better than the ones made by the substitution refs hired by the NFL a few years back- so much for protecting the integrity of the game. And thank you NYT for mentioning that the Patriots scored most of their points AFTER the Colts had complained of ball pressure. I'm sure the Colts wished they hadn't complained. This whole issue and investigation was an overreach by the NFL and Goodell. Chalk up another win for the Patriots and Brady.
DaveB (Boston MA)
Don't stop at naming the Colts. What about the Ravens? *They* are the ones who were schooled by Brady and Belichik the previous week by their inability to adjust to an offensive formation that complied with the rules but confused the Ravens defense to the point of losing the game to the Pats. *They* are the initiators of this whole fiasco. Harbaugh (Ravens coach), prepare to have you butt kicked the next time you play the Pats! You couldn't win on the field, so you tried to win off the field. Fail! Fail! Fail!

Belichik and the Pats fans are laughing at you, Harbaugh!
A. Stanton (Dallas, TX)
I played years and years of unsupervised rock'em-sock'em back alley football as a kid and never heard anyone complaining about a few pounds of air in the ball. The whole thing that is going on here now makes me think that our chances of prevailing against ISIS aren't very good.
A. Stanton (Dallas, TX)
I played years and years of unsupervised rock'em-sock'em back alley football as a kid and never heard anyone complaining about a few pounds of air in the ball. The whole thing that is going on here now makes me think that our chances of prevailing against ISIS aren't very good.
PE (Seattle, WA)
There a rule in the books about it. It's important to someone.
dfrances (Newton, MA)
An appropriate end to a specious case pursued at the behest of other team owners envious of the Patriots perennial success.
dfrances (Newton, MA)
An appropriate end to a specious case pursued at the behest of other team owners envious of the Patriots perennial success.
DS (Georgia)
“Brady had no notice that such conduct was prohibited or any reasonable certainty of potential discipline stemming from such conduct,’’ the judge wrote.

What?!? Of course he knew that such conduct was prohibited. And it doesn't matter what he thought about the certainty of potential discipline. Rules are rules.

I don't have a horse in this race, but this ruling is bogus.
DS (Georgia)
“Brady had no notice that such conduct was prohibited or any reasonable certainty of potential discipline stemming from such conduct,’’ the judge wrote.

What?!? Of course he knew that such conduct was prohibited. And it doesn't matter what he thought about the certainty of potential discipline. Rules are rules.

I don't have a horse in this race, but this ruling is bogus.
SqueakyRat (Providence)
Your comment is what's bogus. The "conduct" referred to was "general awareness of the misconduct of others," not the deflation of footballs.
Jana Hesser (Providence, RI)
did this practice affect the results?
NO it did not.
If it did it was he scored more points the more inflated the balls were. Learn the facts.
The rules were concocted AFTER the facts by sore losers who the real cheaters in this story.
NM (NY)
Tom Brady, the competition of sports has nothing to do with how much you can get away with. Time to have your wings clipped.
NM (NY)
Tom Brady, the competition of sports has nothing to do with how much you can get away with. Time to have your wings clipped.
jeff (san francisco)
if you think every other team in the league doesn't push the limit on every aspect of the game, then you are a fool.
tony (wv)
Judge not lest ye be judged.
Bill (Maine)
Bwahahahhaaaaa!!!! Hater. Brady wins again, and your teal wi be losing again. Fair and square.
Alan (Mass.)
Reading all of the anti-Brady comments coming out of New Yorkers, I'm really looking forward to watching the Patriots eviscerate the Giants tonight...
Alan (Mass.)
Reading all of the anti-Brady comments coming out of New Yorkers, I'm really looking forward to watching the Patriots eviscerate the Giants tonight...
Steve Projan (<br/>)
Cheaters never prospoer....except in pro sports and politics and finance and business and education....how sad.
Steve Projan (<br/>)
Cheaters never prospoer....except in pro sports and politics and finance and business and education....how sad.
Forrest (California)
Not a Tom Brady fan, but Goodell has been trying to CYA over this CTE scandal. No one has determined that the balls were deflated, that it wasn't material if they were and the NFL was trying to make an example of Brady. No cheating has been ascertained. The Colts were just totally embarrassed at their shoddy play and tried to blame it on the football.
Forrest (California)
Not a Tom Brady fan, but Goodell has been trying to CYA over this CTE scandal. No one has determined that the balls were deflated, that it wasn't material if they were and the NFL was trying to make an example of Brady. No cheating has been ascertained. The Colts were just totally embarrassed at their shoddy play and tried to blame it on the football.
Anetliner Netliner (Washington, DC area)
The deflation was probably non-material, but I think that it occurred beyond a reasonable doubt. Ditto that Brady encouraged it. Cheating is *not* OK, even if it can't be proven 100%. (I think that it was proven circumstantially, beyond a reasonable doubt.)
CK (Rye)
This makes how many disciplinary actions in a row by Goodell found to be inappropriate, unfair, and wrong? Five? Eight? Haters hate. Sanity reigns!
CK (Rye)
This makes how many disciplinary actions in a row by Goodell found to be inappropriate, unfair, and wrong? Five? Eight? Haters hate. Sanity reigns!
bb5152 (Birmingham)
This whole thing began to look like a hit job on Brady and the Patriots as more facts became known. Even prominent sports writers who were initially outraged at Brady changed their minds and said so. I hope Brady sues the NFL for damages.
bb5152 (Birmingham)
This whole thing began to look like a hit job on Brady and the Patriots as more facts became known. Even prominent sports writers who were initially outraged at Brady changed their minds and said so. I hope Brady sues the NFL for damages.
Carter Newton (Tucson)
Professional football is a blood sport, and these guys are our latter day gladiators. Professional football has fans of all classes, races, genders, ages, nationalities. We elevate minor tribulations to passionate debate forums. This is nonesense. Especially while the world is falling apart all around us. I am part of this passionate NFL crowd, but admit feelimg some shame to take time even to join the conversation here....maybe we all need some nonesense to worry about to stay sane because this is definitely a triviality in modern life.
Carter Newton (Tucson)
Professional football is a blood sport, and these guys are our latter day gladiators. Professional football has fans of all classes, races, genders, ages, nationalities. We elevate minor tribulations to passionate debate forums. This is nonesense. Especially while the world is falling apart all around us. I am part of this passionate NFL crowd, but admit feelimg some shame to take time even to join the conversation here....maybe we all need some nonesense to worry about to stay sane because this is definitely a triviality in modern life.
Benkarkis (Sunderland)
They never proved the balls were under inflated.
Benkarkis (Sunderland)
They never proved the balls were under inflated.
djs md jd (AZ)
Godell's position is safe....the owners are more than happy to let him be the fall guy on this; this melodrama/fare kept injury/concussions off the headlines for awhile, at least.
Did not ever see how the league was goig to win this, if the judge would hear the due proces argument; therefore I agree with the ruling.
Did Brady "do it"? Of course.
Does it matter/is there such a thing as "the integrity of the game" in the NFL?

PLEASE...
djs md jd (AZ)
Godell's position is safe....the owners are more than happy to let him be the fall guy on this; this melodrama/fare kept injury/concussions off the headlines for awhile, at least.
Did not ever see how the league was goig to win this, if the judge would hear the due proces argument; therefore I agree with the ruling.
Did Brady "do it"? Of course.
Does it matter/is there such a thing as "the integrity of the game" in the NFL?

PLEASE...
RMC (Boston)
This is hilarious, Goodell trying to expand his authority to suspend players for what he perceives to be violations of the integrity of the game. Goodell has zero integrity as evidenced by attempted whitewashes of domestic violence on the part of NFL players, bounty hunting on the part of certain team's management to reward players who injure opponent players, and Goodell intents to restore integrity by suspending Brady over deflated footballs? Really, this is more important an issue than players beating and abusing women?

Goodell should resign he is so incompetent.
RMC (Boston)
This is hilarious, Goodell trying to expand his authority to suspend players for what he perceives to be violations of the integrity of the game. Goodell has zero integrity as evidenced by attempted whitewashes of domestic violence on the part of NFL players, bounty hunting on the part of certain team's management to reward players who injure opponent players, and Goodell intents to restore integrity by suspending Brady over deflated footballs? Really, this is more important an issue than players beating and abusing women?

Goodell should resign he is so incompetent.
Bruce Strong (MA)
Goodell should be suspended for outright overreach and arrogant behavior. Kraft should should have to spend time in the woodshed and think about standing up for truth and justice. But victory is sweet, nice job Brady, let's go out and win yet another Super Bowl...!
Bruce Strong (MA)
Goodell should be suspended for outright overreach and arrogant behavior. Kraft should should have to spend time in the woodshed and think about standing up for truth and justice. But victory is sweet, nice job Brady, let's go out and win yet another Super Bowl...!
The Lone Ranger (Colorado)
Had Goodell fined NE and Brady initially, this would have mostly gone away. Opposing fans would still be comparing deflated footballs to "murder" and worse, but the over paid and incompetent commissioner blew it big time.
The Lone Ranger (Colorado)
Had Goodell fined NE and Brady initially, this would have mostly gone away. Opposing fans would still be comparing deflated footballs to "murder" and worse, but the over paid and incompetent commissioner blew it big time.
Ward Jones (Houston)
A baffling decision in light of what's specifically written in the Collective Bargaining Agreement: Article 42 Club Discipline, Sec. 1. (xv) Conduct detrimental to Club—maximum fine of an amount equal to one week’s salary and/or suspension without pay for a period not to exceed four (4) weeks.
Ward Jones (Houston)
A baffling decision in light of what's specifically written in the Collective Bargaining Agreement: Article 42 Club Discipline, Sec. 1. (xv) Conduct detrimental to Club—maximum fine of an amount equal to one week’s salary and/or suspension without pay for a period not to exceed four (4) weeks.
The Lone Ranger (Colorado)
It was not "detrimental to Club." Rather, the opposite!
Query (West)
So Gooddell is the Club?

Yeah yeh, sure, legal eagle. Baffling.
john aikens (wilmington, nc)
He cheated and got away with it. Of course the "Golden Boy" was going to win regardless.