N.F.L. Wins Appeal, and Tom Brady Has Little Recourse

Apr 26, 2016 · 631 comments
Kathy K (Bedford, MA)
For all the Patriots haters who claim that justice was served (even though the decision had nothing to do with actual proven rule infraction) - let's get out the torches and pitchforks for Jerry ("Greatest receiver in NFL history") Rice who admitted he used stickum on his gloves to catch all those passes even though it was banned. "Everyone was doing it"
Geofrey Boehm (Ben Lomond, Ca)
This was clearly a witch hunt, and the evidence that the balls were indeed underinflated is very flimsy. Furthermore, a suspension of 4 games for such a minor infraction is absurd. And Roger Goodell is a complete egomaniacal jerk, arbitrarily suspending other players in numerous cases without due process with punishments that greatly exceeded their infractions.

During this entire episode, I was completely on Brady's side, and still believe he is being railroaded. However, since his recent comments defending his "friend" Donald Trump, I am perfectly content to see him unfairly punished. I also expect to save a lot of money cancelling my cable TV this fall since this entire debacle has killed my interest in professional football, which is the only reason I pay for cable TV in the fall.
WJP (JAcksonville, FL)
Since the NFL cannot prove their allegations, footballs in question pressure and dimensions were correct in the environment they were used in, there is no infraction. If there was no breach of rules, then the NFL is defaming Brady.

"Defamation of character is the legal term for harming someone's reputation by making false statements. To prove defamation, a plaintiff must show: The statement reflected negatively on the plaintiff's reputation."
drew (nyc)
People- stop supporting this garbage and it will go away. These people behave horribly....all of them! The main character, Tom Terrific is a cheater AND Trump supporter. His adversary, Goodell is no better. Find another hobby.
rollie (west village, nyc)
I am a giants fan, but Brady is being made a scapegoat for Goodell's lust for power. The world is full of these 2 bit power hungry little napoleons.
Brady is one of the all time greats. He should play till he can't. Not because of a vague maybe he did maybe he didn't incident. The court decision wasn't even definitive on his guilt. Only that little Nappy has unlimited power
Patrick (Ashland, Oregon)
What amazes me is how few commenters here apparently read AND understood the article. The appellate court was not charged with examining the facts or the evidence. The court's ruling dealt ONLY with whether the commissioner of the NFL violated the collective bargaining agreement between the NFL and the Players' Union. This is not at all unusual. In most cases before any US appellate court, that court's focus is usually quite narrow. An appellate hearing, thus, is not a re-trial of the case.
Mark Browne (Biddeford, Maine)
The Wells report stated all the balls collected by the officials at halftime of the game in question were about 11psi. That is completely consistent with a 12.5 psi at indoor temperature before game time. Science teachers all over America are scratching their heads...whaaat?
Robert Fine (Tempe, AZ)
Look for the Patriots to go 12 and 4 for the season. It doesn't pay to anger their B and B duo, the best partnership in NFL history. The rest is just a lot of hot air.
mickeyd8 (Erie, PA)
Good looks, charm and athletic skill doesn't always rule in every situation.
Robert Dee (New York, NY)
I agree with Joe Montana's take on this whole "deflategate" issue in that it's all rather silly. Even if Brady was "generally aware" that the balls were slightly deflated intentionally by the ball boys (and we don't even know if that's true), it clearly had no affect on the game, which was a blowout, and who knows how often this is done by QBs in the league as it's the first time balls were ever tested. And listening to former players, it seems that the ball is messed with, to a small degree, quite often. True, Patriots fans will cry persecution, and that gets a bit tiresome. But the punishment does indeed seem a bit excessive for something like this; especially when there's no hard evidence to prove it. If a minor issue like this merits a 4-game suspension and the loss of draft picks, the players union better get ready for some very harsh punishments for more serious infractions.
DMatthew (San Diego)
"it clearly had no affect on the game, which was a blowout,"

Cheating is cheating and places the opponent at an illegal and unfair disadvantage regardless of the final result of any game or contest. That is why there are Rules to govern the game. What other rules would you suggest be ignored?

What do you call a person that cheats?...
Mortiser (MA)
The problem with this saga is that the NFL actually doesn't really care about the "integrity of the game". If they did, they would do what any sensible league office would do, and closely control the most critical components of the game. Including the footballs themselves.

The league has a negligent record when it comes to regulating the core aspects of the game. They were forced into taking charge of the special teams "K balls" after an outcry over tampering with them. Yet in acknowledging a problem in that area, they chose to do nothing about the main game balls, and left them to the discretion of the individual teams, which is preposterous. At the time of the alleged tampering by the Pats, the league had no control over the game balls at all. They had no comprehensive plan for consistently monitoring them or responding to issues with them. The NFL was aware that each team prepared game balls to its own liking and that there was some variance in how this was done, yet did nothing to mandate a consistent standard. A team could have filled them with nitrogen or helium and the NFL wouldn't have known or cared.

During and after the Colts-Pats game, the NFL was inept in responding to the situation, reluctant to show accountability, and slow to make changes in how game balls are managed. It's still not a critical priority.

Brady is not blameless and has shown poor judgment at times in all this, but in the end, he is at the mercy of the whim of a capricious bumbler.
mcg135 (Santa Rosa, CA)
We should expect the officials to check all the football used to play the game. This should be done at the beginning of the game and at half time. The results would be very interesting.
Brendan Varley (Tavares, Fla.)
Fill the balls with helium, sixty yard passes, seventy yard field goals, everyone wins.
Kevin (Seattle)
As a die-hard Patriots fan living in Seattle, I am obviously upset to hear Brady's suspension reinstated, but I'm pretty much to the point that Brady and Co. need to accept the consequences and get your mind completely focused on the season at hand. Let your anger at the league show by the way you play.

However, I just can't fathom how you can hand down such a harsh punishment based on the language of "more probable than not." I think I speak for most people when I say that if it wasn't just the weather that affected the footballs, Brady had to of had some involvement with what happened. But you cannot punish someone unless the evidence is completely and irrefutably there. The Wells report simply said "it is more probably than not" that Brady had some involvement.

Common sense doesn't hold up in court, opinion doesn't hold up in court, what you want to believe doesn't hold up in court. Facts and hard evidence hold up in court. And there was no hard evidence here.
Colleen (MA)
Whew.. can we finally be done with all this now ? Please ?
Me (Here)
I acknowledged the issue on appeal was the authority of the commissioner. However, fundamental fairness requires one examine the underlying facts. The New York Times itself recently ran a detailed article citing an MIT professor indicating the pressure differences in the balls most likely was attributable to atmospheric conditions. The commissioner's expert's report that indicated otherwise was phony- bought and paid for by the league. The underlying facts of the charge do matter at every stage.
Abe (Newton MA)
If I were Goodell I would not be visiting New England for the rest of time, we have a long memory around here and don't take kindly to capricious clowns that make 6 million a year for doing next to nothing.
Michael (California)
Another example of decision-making based on emotion and execution of power. Science means nothing and is not part of the equation.

We should all be used to this way of thinking but for the analytical crowd it sort of sticks in your throat.
Paul (White Plains)
Face it, the Patriots cheat and Brady is a cheater. Anyone who believes that the footballs that were deflated were not done so with Brady's direct knowledge is either gullible or in denial. Do the crime, do the time, and man up to your actions.
david (Monticello)
I guess I don't understand what the big deal is. This is an athlete who earns in the multimillions each year. Let him sit out for four games. There are worse things happening in the world. I think he'll survive.
Mumpsimus Sumpsimus (NYC)
Clearly you missed the whole point; unless you judge ones right to fairness based on how much money one makes.
A. Taxpayer (Brooklyn NY)
So the ball is more important than player concussions and the solution is to penalize the entire team, the owner, the fans, etc and not the refs who place the ball after each play.
Reggie (Florida)
Great lesson for young fans: Cheat, lie, destroy evidence, but not to worry, your team will go through contortions to fix your contract so that you really don't suffer at all! And, oh yes, throw in another $28 million just to help dry your tears. Way to go, Patriots....
murphdawg (Chitown)
Amen
Jay Roth (Los Angeles)
Tom Brady for President!
LaBamba (NYC)
When his boss and good 'friend' Mr. Kraft bailed on him and paid the NFL a Million dollar fine he was finished. So much for having club owners as friends.
Garrett S. (Kansas)
Why is it that NFL players who abuse their wives in public get off with a slap on the wrist? How come the players that use performance enhancing drugs get a little slap on the wrist. How come when 1 ball is deflated by the Patriots, they get a spanking?
SGEE (Houston, TX)
This is ridiculous, and how in the heck did this ever get to the Supreme Court? Tom Brady is not responsible for airing up those balls, and if the NFL wants to have consistent ball pressure, they need to provide the balls and air them up. In the meantime, weigh every ball, and make sure both sides have perfect balls. This kind of money waste makes me sick!
Scott R (Charlotte)
Patsy fans have an incredibly dumb response to this whole mess "look at how many games he won AFTER the Indy game"...that fact is so beside the point its laughable. The Pats have a culture of pushing the limits of the rules to gain competitive advantage - taping rival teams, unconventional formations meant to confuse their rivals AND the refs and underinflating balls - and they got caught, AGAIN. Take your punishment, change your culture and stop whining about it.
Olaf G (Mar Vista)
Big Picture is that for 4 weeks Goodell establishes parity in the AFC East.
Ben Myers (Harvard, MA)
With a little help from bromantic buddy Robert Kraft, Roger Goodell can still get even more free NFL publicity out of Deflategate. Here's a possible scenario. Kraft and Brady appeal the latest decision to the US Supreme Court. The Supremes make a ruling. No matter what, the loser at the Supreme Court takes the case to the international Court of Arbitration for Sport, generating world-wide publicity for the NFL. The only risk here is that one of these bodies will rule that it is completely idiotic to depend on the teams to inflate footballs. In soccer, the officials inflate the balls, and MLB supplies the baseballs, not the teams. As with other subsidies of professional sports, the taxpayers pay for courts to hear a case that is insignificant in the grand scheme of the world.
Bob kloster (Vandalia, il)
But he didn't notice how soft the balls were being inexperienced in football.

But mostly. Who Cares.?
Jim (Tampa)
So glad the "sanctity of the game" has been protected! This will send the strongest message possible that domestic abuse will not be tolerated in the..... what's that? Oh..... never mind!
richardl19 (Rhode Island)
Imagine the time, energy, money, and endless conspiracy theories that could and should have been avoided if Commissioner Goodell and the NFL, the day after the infamous AFC Pats-Colts Championship game, slapped the team with a $50K fine for an equipment violation, which is what this entire incident is really about.

Instead, the Pats past history of bending and breaking rules was used as an excuse to penalize the team and Brady in a most vindictive and wildly disproportionate fashion. It is as if someone who previously was caught speeding was sent to jail for a subsequent shoplifting conviction of a package of Twinkies.

The appeals court made the 'correct' decision from a purely legal standpoint in terms of the commissioner's power to punish, but this ridiculous non-event should have been painlessly resolved within a day of its occurrence or nonoccurrence.
Scott R (Charlotte)
I think you spilled some coffee on your Brady jersey while banging out your response there in Rhode Island.
murphdawg (Chitown)
Ha! Ha!
James Anthony (NY, NY)
Is the reporter at home here ? What about the Patriot's restructuring of Brady's contract to avoid the original commensurate fine. Brady is guilty as sin on more than one count.
carlson74 (Massachyussetts)
Football loses air we spend millions in court for a game. Now I don't see why this is even in a court that is over extended and cost the tax payers money.
This is one of the reason I quit watching football 40 years ago. I'd rather watch figure skating.
hankfromthebank (florida)
He cheated..got caught..you do the crime..you do the time..next case..
David H. Eisenberg (Smithtown, NY)
Too few have read the investigative report and legal decisions. People think they have "common sense" or they just "know." Same basis as every lynching.

I don't know if Brady was "generally aware" or not. Only he and a few others know (it is possible there was not purposeful deflation, but I do think there is sufficient evidence to find that). But, there is no direct evidence of his knowledge and no compelling circumstantial evidence.

Talk of cheating is silly. He wasn't even accused of cheating by the investigative report which went to great lengths to accuse him of being generally aware. A poll reported on this website showed that those from NE tended to believe him and those who aren't, to not believe him. The same poll said that the more people read the actual facts, the more they agreed with Brady. That's not a surprise but it's important.

I was biased for Brady partly because of his skills, but mostly because I admired the way he conducted himself despite intense jealousy of him. I hoped he did not know, but was prepared, even expected, to be very disappointed. There wasn't any real evidence. Yes, he destroyed his phone. Every celebrity should, if they are smart to protect themselves and their friends and family. And his texts to Jastremski do not indicate knowledge.

I hope the Association successfully appeals. I love NFL football but dislike the league and not just for this. Have to put it in perspective so it doesn't ruin the season for me.
mark price (Massachusetts)
The comments by my fellow New Englanders are delusional. Brady, and his coach, are known for freakish attention to details. The ball guy is known as the "deflater", which the Patriots do not deny but released a statement saying it was because he was trying to lose weight. The team had an elaborate cheating plan in place before...read the ESPN article on the depths of Spygate. Brady destroyed his phone and the club refused to make the equipment guys available again, then dismissed them, then reinstated them. c'mon, if you weren't so blinded by love of team you would be the first to see this for what it is.
Southern Boy (Spring Hill, TN)
Inflategate illustrates the difference between an unethical and immoral QB like Brady, who do anything than besides playing fundamental football, and an ethical and moral QB like Peyton Manning. There will never be another like the Sherriff!
Joe (Naples, NY)
What some of you are missing. The ruling had nothing to do with the actual FACTS of the case. That was made clear. It has to do with the powers of the commissioner. Under the players contract he can evidently fine or suspend any player he wants to, with or without evidence of wrongdoing. So, he has dictatorial powers under the contract. He does not need to demonstrate any reliance or adherence to any facts. That was the decision.
Marshall Beckman (West Hurley, NY)
Finally! Exactly what everyone knew all along. There was never any doubt that no one would have touched Tom Brady's footballs without Tom Brady's permission. What's sad is that the Patriot's organization continues to demonstrate that it will do whatever it takes to win--with total disregard for the rules and total arrogance. This goes way beyond disappointment.
Matt Ng (NY, NY)
What a foolish waste of time Deflategate has been.

No evidence, no incriminating texts or phone calls or voicemails, no former teammate coming forward to state Tom or other Patriots cheated.

Fifteen years in the league and not a single former player or equipment manager or other part of the Patriots organization, past or present, has come forward to state that Tom or the Patriots cheated.

All we see are the hardest working, most professional team in sports.

When the Patriots win, it's all about teamwork, no one stands up on a soapbox and takes credit for the victory. When they lose, players and coaches all say the same thing: the other team outplayed and and out coached us, that's all.

If that's "cheating", more teams should do it.
Richard Mclaughlin (Altoona PA)
Wow, all I can think of is the really important stories that don't get half the reaction this fluff does.
Thinking Man (Briarcliff Manor NY)
Regardless of whether you believe Brady should be suspended, to arbitrarily choose the first four games of pro sports' shortest season is ridiculous. It skews things in favor of those division foes the Pats play in that time span. Fairer would be for Brady to miss games against each of the Pats three division opponents and then a fourth "wild card" game against a non-division for chosen at random.
sreddy (at home)
What a waste of time and resources. Can we finally shut the door on this subject.
Lee (Los Angeles)
Free Tom Brady!
BaadDonkey (San diego)
I've usually rooted for Brady, unless it was against the Giants. Whether or not he 'cheated', it's ridiculous that some one so talented would even come that close. But as his support for Trump indicates, his judgement is suspect.
A. Taxpayer (Brooklyn NY)
It appear the NFL is more worried about a ball than concussions?
FG (Boston)
Actually I think the NFL just wants everyone else to focus on deflated balls (or anything else)!
David Wolpe (Dublin, NH)
People make much of Brady's cell phone. Say you work for a corporation, and one day a ream of paper disappears from the supply room. Someone says they saw you walking through that room, so you become a suspect. HR shows up and demands that you hand over your cell phone so they can see if you texted your wife, or anyone else, about this matter. It's your personal cell phone. Would you really hand it over? I wouldn't. I wouldn't in part because it's a civil rights issue, and in part because it's a privacy issue. The fact that I am a worker for the company does not mean that they can demand information from my personal life.

And the swiping of a ream of paper is precisely the level of 'misconduct' we're talking about. The idea that some advantage is gained by deflating a football is silly and has always been, ever since Brady threw more touchdowns in the second half of that game than he did in the first.

The only justice here is that the player's association gets what it deserves for so thoroughly caving and agreeing to the collective bargaining agreement which allowed Goodell, the $44 million-a-year owners' errand boy, to rule on the merits of his own rulings. He has one job: to do whatever his paymasters tell him to do. They wanted to make sure that none of their workers would defy them, not even the most prominent of them.

This is, in the end, a labor dispute. Ownership put the workers in their place.
Uchenna Kema (Hampton VA)
Stop being angry New England fan and accept your boy cheated
David Wolpe (Dublin, NH)
Take a high school physics class and don't make people guilty until proven innocent. It may be you one day, in some other context.
JSD (Olympic Valley USA)
Too bad that Roger Goodell is more interested in protecting his personal power and $44M annual salary rather than integrity of the game, regardless of his and the league's rhetoric. He was/is all about reestablishing his "authority" after blowing it on Ray Rice episode and clearly had zero interest in getting to the truth.

Real scientists have proven in multiple tests that "deflate gate" can be completely explained by the physics of temperature, humidity and resulting pressure differentials.

Goodell purchased the study he wanted and needed. The NFLPA in future collective bargaining agreements should no longer place the ultimate power of arbitration in the Commissioner's hands.
blueingreen66 (Minneapolis)
As has been pointed out many times before, the NFL took this rule so seriously that in the ten years it was in effect before 2014, it NEVER had a mechanism in place to enforce it. No checks on inflation pressures after the balls came to the sideline during the pre-game, no random checks during the endless commercial breaks, no checks at halftime or postgame. This is a league that fines players for wearing their socks wrong but wasn't competent enough to enforce this simple rule.

If this is about anything, it's about Roger Goodell's embarrassment at this along with his embarrassment at the stupidity with which he handled the Ray Rice and Greg Hardy affairs. All he achieved in appealing the judges ruling after he lost the first time in this case, is to add to that embarrassment.
Wm.T.M. (Spokane)
Based on the most recommended comments, it appears Americans have little patience for rich, self important cheaters.....now comes this from pro football.
Where does it end?
liz (new england)
Based on the NYT Picks, this newspaper and it's readers are certainly leaning in the direction of supporting the NFL's version of this, against all factual evidence to the contrary. Why is that? It is a well known fact that the New York football teams are some of the Patriots biggest rivals and that there has been many years of bad blood between them. Multiple past New York team personnel work in the NFL front office. Some of them were actually involved in this investigation. I wouldn't call that objective and balanced investigating or reporting.
Mary (Vancouver, WA)
Will Merrick Garland finally get a hearing so that there won't be a tie decision over Deflategate?

Will rabid NFL fans pressure the Congress to do the right thing for the wrong reason?
ACJ (Chicago, IL)
Tom, stop the lawyering up....we know what you did, sit out the four games and get on with it.
Steve Fankuchen (Oakland, CA)
It's a comment on American society today that there seems to be more indignation about a manipulated football than about a car maker's manipulated, phony smog and gas mileage claims.
blueingreen66 (Minneapolis)
So one judge ruled in Brady's favor. Then three judges weighed in and two ruled in the NFL's favor. At this point four judges on the same circuit have heard this case and split 2-2. The writer contacts one academic who says the NFL has won without considering that the court's chief judge ruled in Brady's favor. The fact that the chief judge ruled the way he did greatly increases the likelihood of the case going to the full circuit.

Like Yogi said...
XManLA (Los Angeles, CA)
Brady and the Pats are cheaters. Loved seeing him whooped in Denver and now in a court of law.
MTF Tobin (Manhattanville)
.
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I've read a few Comments here about different ways in which the evidence (or lack thereof) may be analyzed. I've also read some Comments about whether Tom Brady should appeal the latest court ruling.

None of that is worth a pig's skin.

-- On the evidence: The latest court ruling did not depend on the soundness of the charges, nor on one man's guilt/innocence. What happened in the news Monday has nothing to do with physics, broken cell phones, sideline assistants, or Mr. Brady's second-half completion rate. A Federal District Judge ruled that Roger Goodell had exceeded his authority. That was wrong. So a higher court has corrected the judge's error. Mr. Goodell had the authority to impose the penalty on Mr. Brady, even if Mr. Brady was blameless. Sort of like a judge can sentence a defendant after a jury returns a guilty verdict, even if the defendant had in fact committed no crime.

-- On the matter of an appeal: Only 2 groups of judges can help Mr. Brady. All the "active" judges on the appeals court could agree to "rehear" the case (which they rarely do), after which a majority of them could rule against the NFL. It's a longshot. Or, 4 Supreme Court Justices could agree to a request that the Supreme Court take the case; that is fairly rare. And then, 5 of the 8 Justices would have to vote against the NFL (and against the appellate panel), which would be shocking.

The best Mr. Brady can hope for is that either court defers his suspension until all appeals have run out.
Gwbear (Florida)
What the NFL Commissioner says is one thing, what the Gas Laws of physics say are quite another.

When any college physics student can easily prove the whole thing is a lot of nonsense by doing some independent testing, that does nothing for Justice in this country.

Also, nobody has ever had a good answer for the other obvious "inconvenient truth" of all this. Balls weigh a certain amount and feel a certain way. Alter them enough to matter, and everything is blown wide open. Professional players bring many years experience to their games. Vast amounts of "muscle memory" impacts everything done, and all assumptions and understandings of each moment of play. A changed ball impacts throwers, distance, speed, reception, timing... everything. What brain dead fool would throw a wild joker into a critical "winner take all" game - such that it could hurt their team?

Hate on Brady all you want, but when basic reality is shoved aside on behalf of the due authority of a Commissioner, *everyone* is diminished.
jr (upstate)
It appears that Mr. Brady banked on his reputation. He lost. He'll probably quit the game in spite now, and the pure Boston fans not wishing to support such a stain on their honor any longer, the Patriots will be forced to decamp to St. Louis. A tragedy all around, not least for St. Louis.
Geelong59 (<br/>)
What I love about this decision is the ruby red glow of embarrassment that permeates all the bellicose sports "experts'" , especially journalists, that denigrated Roger Goodell for his actions. Where are those wise cracking journalists now speaking with such authority and indignation? I love my sports but I disdain people associated with sports that speak with overwhelming authority (at the time) but in reality are blowing in the wind.
pete (Piedmont Calif.)
In basketball and baseball, both teams play with the same ball. By allowing each team to bring their **own** ball, the NFL is inviting cheating. I will admit to knowing little about football, but i understand air pressure, procedures, and fair play. If there is a reason why each team should bring its own ball(s), but there is a rule governing the pressure, then the pressure should be checked on the balls for both teams at the same time (before the balls are used in the game) and at the same temperature. The check should be done in public, like the coin toss. Otherwise it is hard not to believe that someone is cheating.
quadgator (watertown, ny)
The Patriots have been caught cheating red handed, their QB got caught cheating red handed.

The player and the franchise are tainted.

Deal with it.
Garrett S. (Kansas)
Um, when exactly did the Patriots cheat? SpyGate? Spying on other teams is LEGAL, it has it in the NFL rule book! The only reason they got charged with it was because someone stepped in front of the camera guy who was filming the game. So the camera man moved from his spot where it was legal to film. No one knew you had to be inside of a structure with a roof over it for it to be legal! What else are people going to try and pin on them? Tuck rule? What about when the Broncos re did their payment structure to keep better players? Isn't that cheating?
quadgator (watertown, ny)
Long winded explanation that still points to cheating. Do you ever listen to yourself talk?
Robert (hawaii)
Tom Brady cheated and got caught. He destroyed evidence and put up this big unsuccessful fight. What a waste. His reputation is toast.
Turgid (Minneapolis)
It's funny that some people, despite having no firsthand knowledge of any of the events in question, refuse to entertain even the possibility that Brady was responsible for deflating footballs to give himself an advantage - while in other news, one of Brady's ex-teammates in the locker room, Aaron Hernandez, stands accused of killing a couple people during the years he was with the team. Just an observation.
iLeonD (Springfield, MA)
Tremendous. An entire season of fans saying phrases like, "They hate us cause they ain't us" and "It's the Patriots vs. the NFL". Regardless of these rules that the NFL follows, which seems very fluid at best most times. Why anger the most consistent and competitive organization over the last 20 years? This has been a ridiculous witch hunt.

In conclusion, go Giants.
CMH (Sedona, Arizona)
OK, he's guilty. But the suspension should be for his colossally poor political judgment in supporting the Donald. True mental deflation, air gone, incomplete pass, bad call, sack, sack, sack.
Hannacroix (Cambridge, MA)
"Generally aware". That's being gracious. It's preposterous -- and insulting to football fans -- for Tom Brady to promulgate the belief that the quarterback had no idea whatsoever that his personal equipment managers under inflated his game footballs. A wholly a unilateral decision by 2 New England Patriot facility employees ? Really ?

The silver lining is that this decision will force the Patriots to experience something Garoppolo can do that their aging "elite" quarterback can't : pass the football.
liz (new england)
Hard to believe that people are actually rehashing the entire Deflategate fiasco and giving their point by point reasons for why they believe this appeal decision was correct. When Deflategate was current news, I would have easily refuted every reason given for believing Tom Brady deserving of a 4 game suspension. But at this point, like most Patriot fans, I have learned that bias rules when it comes to the Patriots and regardless of the facts, which most fans who do not live in New England gleefully ignore, you are wasting your breath arguing.

Tom Brady has become my favorite player because of the way he conducted himself through the Deflategate mess and I am behind him 100%. The NFL and the other 31 team owners though, have lost my respect. However this comes out, I feel fortunate to have watched Tom Brady play football for the past 15 years and look forward to every game he plays from now until the day he retires.
Geelong59 (&amp;lt;br/&amp;gt;)
Hey Liz. I come from Australia and could be accused of complete ignorance in relation to this news story. But even I can see the guilt in this story. Brady (and probably the coach) did a lot wrong, got caught, and need to stand up and own it! Bottom line. No ifs and buts. There is no bias, there is not a vendetta by the "other 31". The real issue here is that Brady and co have lied their way through the last year and now have egg on their face. Own it!
liz (new england)
Sorry Geelong - Unless you spent the past year reading everything there is to read on Deflategate, then what exactly are you basing your opinion of guilt on? I've read all the transcripts of every aspect of the trial and the Wells report and daily news reports over a nine month period and objectively come to my own conclusions. Have you? The behavior of the 31 other team owners, has been reported on repeatedly. The lies that were made by Roger Goodell are well documented. The reputation of the investigators of the Wells report were well known before they began investigating. They were working for the NFL. Many, many reputable and credible authorities have reported that the balls were never deflated intentionally. And as a matter of fact, the NFL had every opportunity to prove that the balls were deflated over the past football season, by simply measuring the air pressure of the balls before, during and after every game last season and reporting the results. Which they did not, why is that? They have the multi million dollars to spend in the legal system, but not to pay a couple of equipment managers to test the air in the footballs? No matter, others have done it and reported they deflate according to the Ideal Gas Law, but they have not been believed. Why is that? Because you can choose to believe otherwise, if you want to, but, why choose not to? Bias. Anyone that lives in this country, who follows football understands that there is bias against the Patriots.
Dectra (Washington, DC)
Well, Liz....that part where he intentionally smashed his phone so the sim card couldn't be checked to see if he colluded with the guy handling the equipment....yea, *that* was classy and shows exactly how your golden boy comported himself.
MichaelHammer (Pound Ridge, NY)
The penalty is commensurate with the act. Tom Brady is as guilty as a famous tea party being held in Boston Harbor. Congratulations to readers like Mark and Julie W. for calling it like it is. Others are obstinate so what can we say other than, "They are from Boston"!

Most important is that the sport has been compromised by the scheming and execution of cheating. To add insult to injury, there was clearly obstruction of justice in destroying his phone.

To those who defended him and enhanced his celebrity status, its time to accept reality. If you are a parent, its time to look yourself in the mirror. You have a reprieve to change your stance and talk to your children about fair play!
liz (new england)
If you are a parent, why would you encourage any children to involve themselves in football? Playing it or watching it? If you can actually say with a straight face, that there is anything fair about the judgment against Brady, or anything fair about the way the NFL conducted this investigation and made well documented lies, manipulated public opinion, then I'd have to say that you are woefully misinformed.

And integrity in the NFL?! Please. Yes, let's look up to all the football players in the League, who are actual criminals. Let's defend Roger Goodell. You can't be serious. If that is your honest opinion, then you have some serious filters going on when you read the news.

God help any person in this country if you are falsely accused and depending on the common sense, willingness to be objective and fairness of the general public on any matter big or small. Deflategate and the response of the public and their uninformed opinions on the matter, are the most disappointing aspect of the whole thing for me.
WiltonTraveler (Wilton Manors, FL)
I'm not a great fan of football (where players' long-term mental health is serious endangered), but I must say that it's inspiring to watch Brady and the Patriots on the field. In a sense, they paid a price in the last superbowl. It's nevertheless important to remember that the court didn't rule on the evidence in the case but on the powers of the NFL commissioner (who apparently has wide discretion). Unless Brady demands a hearing in court by suing the NFL, we will never have a ruling on truth of the charge against him.
Srini (Texas)
"In their decision, the judges did not consider the underlying facts of the case, including the science of football deflation, but instead looked solely at whether Goodell, as arbitrator, acted in the spirit of the collective bargaining agreement."

Enough said. Nothing about Brady's actions. Nada. None. Zilch. That's for another day. Although all evidence suggests he did nothing.
Janet (&lt;br/&gt;)
Well, actually he DID do something .. he got rid of his cell phone. I think that makes him look guilty of something.
Dectra (Washington, DC)
Then why did he smash his phone when it was suggested the sim card could prove he'd colluded with the ball handler, Srini?

Brady is a Cheater.
golflaw (Columbus, Ohio)
The point of the lawsuit wasn't whether he did or didn't. It was whether the Commissioner acted properly in conformity with the bargaining agreement. He did. I'm not a fan of the term activist judge, but the district court really went outside to examine and substitute its opinion for that of the fact finder. That's really activist. For those who say that a higher court wants this, there is only one. If the Supreme Court takes this up I have wasted the last 38 years practicing law. Nothing of interest to appeal and Supremes are not going to grant cert.
Jonathan Hutter (Portland, ME)
Roger Goodell may have cemented his status as the most powerful person in football, and by the owners' standards of profits and power, he has been a wildly successful commissioner. But when you consider the integrity of the game, fairness on the field, engagement of the fans and belief in the quality of the league, this ruling is a joke, and Goodell is a train wreck.

Should there be a statute of limitations on punishment? When it comes to something like this, absolutely. It's a full season ago. Move on.

This is from a die hard Jets fan and true Patriots hater.
AO (JC NJ)
There seems to be a lot of expert physicists here today.
wrongheadline (sprinfifeld)
The only thing that is certain according to the ideal gas law is that all NFL games that have ever been played for all time below 45 degrees have been played with deflated balls unless the teams intentionally overinflated them pror to gametime. The NFL must admit that they really have no idea about any variance in balls during games as balls are never tested routinely.
Dectra (Washington, DC)
Your line of reasoning is, well, unreasonable. You "claim" all balls are under-inflated, to assuage the fact that Brady's team mates INTENTIONALLY under-inflated balls as ....equal?

A False Equivalency is just that....False.
cfb cfb (excramento)
Lets look at a few facts.

First have a look at ESPN's Sports Science video on Deflategate. They used actual science to determine that there was no competitive advantage to a ball deflated by 2lbs. 11/12 balls were deflated by much less than 2lbs. The only one deflated by 2lbs was the one the Colts held for >10 minutes before handing it over to the league. Science has also clearly shown that a football exposed to game conditions similar to the AFC championship game will drop ~2lbs. The league said they were going to check on football pressure last season throughout games, then declined to publish the results.

Brady was told by the investigators that they no longer needed his phone. It was subsequently broken and replaced. It is quite common for celebrities to destroy their old phones as the paparazzi will dumpster dive for them to look for information they can sell. Every piece of any information on the phone was also available from alternate sources.

Lastly, ball and equipment tampering is a common thing in the leagues history. Jerry Rice used stickum on his gloves. The Vikings were caught heating balls on the sideline. The Chargers were fined $20k for passing around a stickum laden towel. One is in the hall of fame. One got a slap on the wrist warning. One got a small fine.

First round draft pick, $1M and a four game suspension. One of these things is not like the other...
Elliott Jacobson (Claymont, DE)
Every quarterback in the NFL and the NCAA should have the uncontested right to adjust the air pressure of the ball to his liking. The issue in this case should not be the player but the rule. To turn what seems to me like common sense into a holy war discredits the game. To suggest that Tom Brady was cheating or benefiting from an unfair advantage is to ignore the facts of the game in which this originated and Brady's consistent excellence as a player regardless of what ball and what pressure was used.
James T ONeill (Hillsboro)
Guess the NFL and Mr Goodell dont believe is science. This decision is not regarding guilt or innocence but rather was the procedure used according to the player contract with the league.
Matt B. (Boston)
Well, I don't think Brady's guilty. I think he's innocent. But lets just say he does serve the four game suspension. Now, Garoppalo is a pretty good quarterback, but lets just say the Patriots only win one game with him behind center. So at 1-3, a very angry Brady takes the field, along with a team that just lost three games and wants to set the world on fire. Its not too crazy to see that team go on a 12 game tear (heck, the Patriots have already done it twice in the past 8 years) and the team is 13-3 going into the playoffs. That gets them a first round bye and home field advantage. And Brady? He's played 4 games less than all the other starting quarterbacks. He's fresh. Result? Goodell hands Brady the Lombardi Trophy in 2017. Thanks, Roger.
ef (Massachusetts)
The issue the court decided has nothing to do with Tom Brady's innocence or guilt; it's only about the collective bargaining agreement the player's union struck with the NFL regarding what Goodell can and can't do. The players gave Goodell too much power -- he shouldn't be able to decide disputes players have with Goodell himself. No one ever proved that there was any hanky-panky, and the "evidence" they had was weak at best. This isn't about that.
SP (USA)
Godell is unscrupulous, sneaky, egoistic, vindictive, conspiring, unreliable, dirty, spiteful, malicious, sinister, merciless, unsympathetic, inhuman, vicious, cruel, scheming, conniving, colluding, Machiavellian and a disgusting man.
123 (Anywhere)
what is going on here?

Goodell has already been proven a liar over this. His investigation has been proven to be a sham and it turned out the balls were not deflated to the extent the league claimed during the first appeal.

This is just more drama to keep Goodell in the spot light and hurt a franchise that, like it or not, wins more often than not. So the mindset is not fair play, it is kick and keep the Patriots down so it appears the NFL has tighter competition among the teams. I hate the Pats. But I'd rather see them beat by a team that is better. Not because the NFL is killing them with loss of picks or star quaterbacks sidelined with suspensions.
Steve Fankuchen (Oakland, CA)
It's a comment on American society today that there seems to be more indignation about a manipulated football than about manipulated vehicle smog tests.
Paul Alan Levy (Washington, DC)
With respect, The Times wuld better serve its readers by providing a prominent hyperlink to the actual court ruling so that readers can more easily read it for themselves.

http://www.ca2.uscourts.gov/decisions/isysquery/a3fed2d6-ddb2-4e6f-8fe9-...
Janet (&amp;lt;br/&amp;gt;)
Paul -- Thank you for the court's judgment tag. I read thru page 23 .. but will have to tackle the rest of it tomorrow. Too sleepy now.
A lot of info here .. and more people ought to take a look at this.
magicisnotreal (earth)
So I heard on Sports radio today that his agent figured this might happen and negotiated his contract so that his pay is not spread out evenly over all games this year. He structured it so that the first four games pay a lot less than the rest of the season so that he didn't lose much money if the suspension was upheld.
rk (Va)
The courts are rigged by jurisdiction according to political favors.....

This country is a mess, and this is yet more proof.

We have no public funding for anything and THIS IS WHAT PASSES AS NEWS??????

It's an oligarchic league with spoiled athletes that will suffer the fate of Thurman Thomas...read your own paper.
kilika (chicago)
It's a shame when young people see this kind of behavior from football (or any sports) player. There are important lessons to be learned from those that cheat. Like Wall Street, those with money get away with illegal behavior. This is not an example we want to send to children. My opinion of Tom has gone down significantly. For shame on him!
NYrByChoice (New York, NY)
No, in fact, this is EXACTLY the example we should set. If you are innocent and are being railroaded, you need to stand your ground.
liz (new england)
Kilika - You might want to consider your own behavior as 'cheating'. Is it fair and above board, to judge a situation without objectivity? Brady was never proven to have done any cheating, for starters, but what astounds me, is that the NFL was shown to have lied and manipulated the situation in the Deflategate case and was even called out on it by a well known journalist and yet, you don't mention that the NFL itself and the other 31 team owners are a poor example to the nation's youths? And to tell the truth - do you actually believe that anything about the NFL has the integrity that should be modeled for children? How about all the criminal behavior going on with many players in the League? That is the example you want to offer children?
barry love (New York)
Why is this case being decided in the US courts? And if so, how did they manage to get in the front of the line? What a joke!
bobrt (Chicago)
Years ago there was a comedy piece where every play in a game involved a legal challenge and it took years to play a game...are we that far away?
Dotconnector (New York)
Classic misdirection play. The more time the media spend on air pressure, the less time they spend on brain damage.
Chris Wildman (<br/>)
Finally! Chief Judge Robert A. Katzmann's assertion that Goodell had "overstepped his role as arbitrator" was bunk - in the absence of the team owner or coach doing the right thing, if the Commission can't suspend a player for wrongdoing, who can? Justice is served. Do the right thing, Patriots, and accept it.
Twainiac (Hartford)
PS League owners and Goodell are destroying their cell pones as we write.
Smoky Duck (Boston)
So, what Ray Rice did to a young woman -- on camera, yet -- was worthy of a two game suspension, in Goodell's estimation. And what Tom Brady is suspected -- suspected -- of doing merits double that. Yes, commissioner? Nothing personal here, right?
An Observer (Alta, Utah)
Don't cheat. Simple.
liz (new england)
Don't expect people to be fair and objective. Simple.
Jeffrey B. (Greer, SC)
It’s fun being #1, it is not fun staying there.
That’s enough.
Catherine (Georgia)
"Your cheatin' phone will tell on you... " with apologies to Hank Williams
Jack (MT)
I don't understand the logic of suspending a player for cheating while letting the outcome of the game stand. Any cheating in any game should invalidate the results. Otherwise, it becomes advantageous to cheat. The patriots should not have been in the Superbowl because of the cheating, yet they remain the champions. How about stripping the Patriots of the title?
Max (San Francisco, CA)
I can guarantee you that there is cheating going on in every game, starting with guys on banned substances. Pay the fine, sit out the games, give up the draftpicks, get on with the headbanging.
tonynelson (Boston, Mass.)
Shall we start with the 49ers using league-banned stickum? As soon as you're ok invalidating those wins and the win the Broncos had while violating the salary cap, we'll talk.

Until then, you really have no basis to complain.
Gil (New Jersey)
Another stain on Kraft, Brady and the win-at-all-cost Patriots (Videotaping opponent's Super Bowl practices, Aaron Hernandez, etc). Just like in the videotaping incident, the Patriots willingly accepted fines and draft picks. Which "not-guilty" organization does this?

As for Brady, this stain, combined with his prima donna "I'm special" act on the field, will be his lasting legacy for NFL fans. Don't believe me? Who got the loudest boos when introduced at the Super Bowl?

Those of you siding with Brady and the Union should tell them to negotiate a better CBA next time.
liz (new england)
You show yourself to be either impartial or uninformed, one or the other. Go back and read Judge Berman's decision about how the NFL violated the CBA.
J Smitty (US)
In my personal opinion, a more fitting punishment, would have to take away the 2015 A.F.C. away from the New England Patriots and given it to the Indianapolis Colts because this was flat out cheating. Again, a professional football team showing a poor example of teamwork and sportsmenship to our kids. Sad,Sad,Sad. Brady,take your 4 game suspension slap-on-the-wrist like a man. At least set some sort of good example.
Don Johnsen (Phoenix)
It's an entertaining day for me when one news story coalesces around two of my own favorite things: professional football and federal labor law. When I figure out a way to work beer drinking into this it will be a clean sweep.
VSR (Salt Lake City)
Oh, the resentful, insecure and jealous are soothed today. They shall have their schadenfreude. But only briefly. If Brady sits out four games this coming season, he will still likely return to frustrate the competition. You either have it or you don't, and no amount of sniveling over the inflation of balls is going to bring any of his detractors the skill and talent that Brady brings to the field.
steve (missoula)
The NFL and the Second Circuit have acted just like the climate change deniers and fact deniers of the Republican policy. The Ideal Gas Law fully explains the decrease in air pressure, so Brady and the Patriots are being punished for having done absolutely nothing. Why else would the NFL refuse to release the data it collected in the 2015 season on changes of pressure in footballs during games? Possibly, or probably, because the data would show that the deflation was simply the result of the lower temperature on the field than in the officials' dressing room. As a former associate at the Paul, Weiss firm, and a former law clerk for a judge on the 2nd Circuit, I'm embarrassed by Ted Wells's conduct and the decision of the court.
Twainiac (Hartford)
Read the decision. Contrary to the judges claims of only deciding Goodells powers to discipline, the court regurgitates the NFL's positions on all the major points, no matter how discredited those positions have been proven to be. In essence they pulled the old hat trick of " a conclusion in search of a study."

I suspect " Jets " Fans. This is the conduct detrimental to the game problem that should be applied to Goodell and the League. If you cant beat them on the field, make up ridiculous accusations that keeps the QB off the field.

There is a huge story here of how this league is run by the owners who cant compete with the Pats so they use the league to " cheat".

Pitiful.
Construction Joe (Utah)
No, no, no, you can't try to turn the tables on the league. No one conspired to get Brady and the Patriots. The court decided Goodell has the authority to impose penalties if he feels they're warranted. The reason the court agreed on all the NFL's major points is because they were valid. The only people crying about this are you Pat fans. The rest of us are drinking champagne and toasting the cheater's fall.
Twainiac (Hartford)
Be truthful Joe, are you a Jets fan?
JM (Massachusetts)
The nfl needs to have its monopoly exclusion taken away. It's a swamp.
Thomas Battiato (Singapore)
The NFL does not have an exemption from anti-trust laws. Amongst all sports, only Major League Baseball does.
TR (Palo Alto)
Oh boy, here we go with all the old arguments rewarmed....

What the ruling comes down to is the collective bargaining agreement. The NFLPA ceded control to the Commissioner of the NFL, whoever that might be. What sports fans have to keep in mind is that the NFL is a corporation that gives out franchises, which in turn hire people. The corporation, as well as the franchises, can make up the rules to govern the employees.

So imagine you have a superstar cashier at Wendy's who consistently promises to inflate everyone's orders just a tiny bit. She/he gets quite well known and consistently exceeds sales goals...HQ at Wendy's gets wind of this and....well, you can predict the response. But the french fry-burger eating fans love the cashier and there is an outcry.

Fans, it's all a business. You love the NFL because it has subconsciously intertwined itself into the fabric of your neurons, what with the Superbowl hype, draft day coming up, etc.....Without the Wizard at the controls, the NFL becomes as interesting as field hockey.
PS (Massachusetts)
I don't assume his cell phone had football only conversations. And he is married to Giselle, an even more famous person. Perhaps he was protecting his privacy in other matters. I can't find him guilty for that act. I would absolutely do the same thing and face whatever the consequences if I felt that my privacy was about to be invaded. As for the science behind it, if it is proven as possible that he didn't do it, how can you find him guilty of doing it? Seems that science isn't respected in the courts of football, nor is proving guilt. It's apparently enough to just declare it so.
Dan88 (Long Island, NY)
Brady himself brought the court case, and his lawyers could have applied for a protective order regarding the other matters on the phone. Or his own lawyers probably could have just reviewed the information on his phone and only turned over material that was relevant to the proceedings.

But destruction of potentially pertinent information, in a court case that he himself brought, and under circumstances that suggest it was deliberate? Apart from possibly being illegal (e.g., if intentional), it is something courts will hold against you, and rightfully so.
Janet (<br/>)
re Brady's cell phone .. perhaps he had "something going on the side" that he didn't want Giselle to know about? Who knows what was on that phone? Either way, he didn't want anyone to know, so he tossed it.
Dan88 (Long Island, NY)
Janet, not really sure if your comment is directed at mine and, if so, whether you agree or disagree. But, at least in the legal system, once a proceeding is underway, if someone is aware of that proceeding and intentionally destroys potentially material evidence, that is something that will have repercussions.

So your observation "who knows what was on that phone?" is exactly the problem -- one would expect it contained pertinent evidence to the case, but Brady destroyed it. Often a court will basically say, since you have prevented us from knowing what was in the evidence you destroyed, we are going to hold it against you by presuming it was X, Y, and Z.

Brady should have just turned the phone over to his lawyers, and his lawyers should have insisted that he preserve or give them custody of such evidence very early on. There are standard steps (protective orders, redacting, withholding non-pertinent material, etc.) that Brady's lawyers would have been able to take in order to shield his privacy or shield him from unnecessary embarrassment.
Matt (Pennsylvania)
Four game suspension for possibly being involved in deflating footballs? What a joke. How about the murders, rapists, wife beaters and drug users in the league? This is a personal issue Goodell has with Brady. Goodell and his ego have to go.
Dan88 (Long Island, NY)
Matt: You are comparing apples and oranges -- serious, violent crimes with undermining the integrity of a professional sport. Brady's conduct is closer to fixing a fight or a tennis match (or a football game), things that there is ample reason for punishment and, at times, even criminal prosecution.

Let's say you were to knowingly do something that undermined the business you work for. For example, you put a virus in your colleagues computer, to gain a competitive edge and close some additional clients you were competing for. If caught, wouldn't you expect some kind of punishment by your superiors, termination or, if it was serious enough, criminal prosecution? And wouldn't that be the case even if another employee of the company had assaulted someone at a bar over the weekend?
Larry (Oakland)
Except for the fact that it has been demonstrated conclusively that the deflation can be explained entirely by the Ideal gas law. The real question is why the Colts' balls were not deflated as much as would be expected. This discrepancy is explained completely by the fact that the Patriots' balls were measured at the beginning of half time, while the Colts' balls were measured at the end of half time.

Brady and the Patriots are being punished for something that did not happen and for which there is incontrovertible evidence that it could not have happened.
Dan88 (Long Island, NY)
With conclusive facts and incontrovertible evidence in his favor, one would have thought that Brady would have won his court case instead of losing it.
MRod (Corvallis, OR)
Your fingerprints are all over deflate-gate. Take your medicine Tom Brady! Besides, they are doing you a favor by shortening your season. You're not getting any younger.
Gerry (St. Petersburg Florida)
After watching the Frontline program "League Of Denial" about how the NFL lied for years about concussions and tried to cover up emerging scientific evidence that proved the lethal effect of playing football, I just couldn't watch it any more.

So to top it off, Mr. Good Guy is now Lance Armstrong. Or Barry Bonds, or Roger Clemens, or (fill in your own heroic cheating athlete here).

This is not something to believe in, and if you are still watching it or letting your kids play it, you are a fool.
Todd Stuart (key west,fl)
The NFL is a private for profit business. They have a commissioner to regulate the business. The courts should avoid getting the middle of things like this. What larger interest is served by the courts taking a stand. Bradley wasn't banned for life, he was given a slap on the wrist. But he took it to court instead of accepting it like a grownup . Pro athletics are a bunch of multi-millionaire babies.
liz (new england)
Contract law, Todd, if that is what it boils down to for you. The NFL had a contract with the NFLPA and they violated it, according to Judge Berman's decision in the last appeal and the dissenting judge in this appeal. What larger interest is served? How about labor interests across the board, not only in football. But those with blinders on, are more than willing to ignore all that.
Kim (California)
As I see it, this really doesn't matter. The Patriots have avoided any meaningful consequence. If they did it (and I think they did), they got away with it long ago. Perhaps if they were forced to return their rings?
WFH (Florida)
It's only a game. I repeat, it's only a game. Much ado about nothing.
Phoenix (California)
It may only be a game, but billions of dollars ride on this game. Goodell himself earns a mere $44 million per year. Yep. It's only a game, but one in which big money is at stake, and winning is everything . . . even if one of the country's best players has to cheat.
Jack (New Mexico)
Good! New England is a team that cheats whenever it can. Brady is not the Fair Hair boy he professes to be. He is a cheat and got caught; he should have been suspended for at least a year, and should not, in the perfect world, ever be allowed to play football again.
William Frucht (New Haven, CT)
As someone with two favorite football teams, the New York Jets and whoever's playing the Patriots, I have to say this stinks. Not only is the NFL wrong on the physics--it really was the transition from a warm room to a cold field that reduced the pressure--but it's just a silly example of overregulation that the league even monitors the air pressure in the offensive team's ball. Those balls are intended to be touched by only one team--the defense gets its hands on the ball only when they force the offense into a mistake--so it's in the offense's interest to make the ball as easy to handle as possible. The league should regulate the pressure in balls used by the kicking teams, where it's a part of normal play that both sides will touch the ball. But they should let the offense inflate its ball to whatever pressure the players want. And the Rules Committee should seriously look into what other rules are best gotten rid of as well.
Gil (New Jersey)
So Brady destroyed his phone because of the physics he was worried about? C'mon. Read the reports.
Max (San Francisco, CA)
Most likely he had other other info on there he wanted to be kept private.
liz (new england)
And you do realize that Goodell himself refused to turn over his own phone, in one of the discipline decisions he was handling before Deflategate. And I've read the reports, every one of them and you've skipped over a whole lot. And what about John Dowd, the man who was a special investigator in the Pete Rose case? Have you read what he had to say about Deflategate? He was so incensed by how the NFL was railroading Brady, he created his own website to put the facts and his opinion out there. You are selectively choosing what you will believe and what you won't.
NYT Reader (Virginia)
The way that the NFL takes care of balls should be more like the way high schools. The home team provides the balls. Both offenses use the same ball. If it is raining, the refs ferry in and out a drier ball. It is silly to have this set up the way it is.
REK (Asheville, NC)
Numerous scientific reports have proved that nothing apart from weather factors effected the footballs in question. So if Tom Brady, the star quarterback of the NFL and the greatest quarterback in the history of the game, has to serve the 4-game suspension he will be punished for nothing. The league is cutting its nose off to spite its face. Patriots haters are nothing but sore losers.
Peter Hall (Beverly Hills)
Yes ...We'll see about that when Brady plays a whole season without having 2 locker room guys take the balls into a private bathroom stall. And the Pats start turning the ball over at similar NFL league ratios. What seems to be absent from these fandom arguments is the fact that the Pats turn over rates were diabolically lower than every other team in the NFL. ....CHEATERS
Matthew McLaughlin (Pittsburgh PA)
Further to my earlier comments on legal aspects of the majority ct. decision for the NFL, all favorable; and dissent and the lower ct. decision, all negative. (Addendum: re: labor arbitration I was taught by Prof. Hayes Columbia L, labor arbitrator in major cases. Got an A)

A few facts and conclusions all from majority decision:

Brady destroyed his cell phone. A few days before arbitration. Knowing his cooperation was vital. Per the majority: It is well established that the trier of fact (arbitrator) may infer it was done to conceal damaging information. (Note: Under Federal law such action would itself be a felony even if subject evidence had not been subpoenaed or proceedings begun.)

The (incomprehensible and unjustifiable) dissent includes:"I am troubled the Commissioner failed to consider an alternative penalty to the four game suspension" FOR TRYING TO FIX A PLAYOFF GAME! Aside from the fact that lesser players have received much greater penalties for personal peccadillos not affecting the game the ramifications in regard to matters such as gambling are enormous. And make no mistake such information leaks.

The court did not cite great smoke and not a little fire that this is not the first instance of deflate gate.

At a minimum suspension should have been for season.

Note: During the offseason Brady and Pats amended his contract for 2016 to drop his compensation from $9MM to $1MM. Saving him $2MM during the suspension. The stench continues to metastasize
liz (new england)
You forgot to remind all of us, that the Wells investigator told Brady that he would not need his phone again.

Trying to fix a playoff game? Have you read the CBA? Do you realize what the penalty for tampering with equipment is? A minor fine. You can't possibly defend the penalty given. Especially in view of the fact more points were scored in the second half of the game with balls that were supposedly not under inflated. And that is all, putting aside the fact that it was never proven that the balls were intentionally deflated.

Consider the fact, that over the past football season, the NFL could have settled the question once and for all and tested the PSI before during and after every game to prove that they were or were not tampered with and reported the results. Which they declined to do. But you don't care about that, do you?

What problem do you have with Brady restructuring his contract to buffer the effect of any possible suspension?
LindaP` (Boston, MA)
Can't stand Brady. Can't stand Belichick. Can't stand the cheating Patriots. Boston area born and raised. In the minority for sure around here, but when in quacks like a cheating duck....and quacks over and over....

Happy about this decision.
David (California)
The most dangerous moves in football, roughing the kicker, head butts, chop blocks, roughing the passer, etc., all of which can and do cause serious injuries like concussions, generally merit a 15 yd penalty when they are detected. So explain why deflating a football deserves a 4 game suspension, when it had no impact on safety and no impact on the game. The issue here isn't whether Brady is a good guy - although that seems to be what most comments address.

A technical violation does not call for harsh punishment. This is the football equivalent of the "pine tar" incident in baseball, although baseball ultimately got it right.

Frankly, the concussion problem and general level of violence in football has become a big turnoff for me. The extraordinary attention on Deflategate instead of these other, much bigger problems only adds to my disillusion.
srwdm (Boston)
Indeed, we should really be talking about the "gas laws" and the propagation of violent force in repeated traumatic brain injury—while "fans" sit in the stadium or in front of monitors.
paul mountain (salisbury)
Commissioner Goodell responds to the environment not the facts. The pertinent facts point to environmental factors and incompetence playing the key roles in this 'scandal'. Goodell wanted to punish the golden boy regardless of the facts.

Goodell looks all the more like a wanna be sheriff. This is what happens when labor unions sign off on absolute control by their billionaire betters.
Donald Nawi (Scarsdale, NY)
According to the article, district court Judge Berman ruled that Brady “could not be suspended for deflating footballs because he had not been aware that such misconduct could lead to the kind of punishment he had received.” Which means what. That if Brady, ever the optimist, thought, “let’s do what the rules forbid, I can only be fined or suspended for at most three games,” that a fine or three game suspension would have been acceptable to Judge Berman but not a four game suspension.

Moreover, one legal principle we are taught in first year law school, which Judge Berman never learned or has forgotten, is that when one engages is illegal conduct, and Brady’s deflating footballs was certainly misconduct, as the judge said, it is no defense that the consequences which follow are not precisely what one had in mind.

As to the Katzmann dissent, Brady’s destruction of his cell phone was part of the NFL’s case from way back when. An arbitrator, as was Goodell, had broad discretion with regard to the grounds on which he can rely as the basis of his decision.

Philip Corbett, the Times standards editor, might want to have a look at this from the article: “Kraft [the Patriots owner] . . . lambasted the league for its handling of the case at an impromptu news conference.” Shame on the league for choosing an impromptu news conference to handle Brady’s case.
Milliband (Medford Ma)
All those who are throwing the c word around without substantial proof, should view ESPN's Football Life segment on the sainted Bill Walsh, who , as Bill Parcel's attested would regularly interfere with the communications of the other team and call it "gamesmanship".
Randy (Texas)
The issue of ball deflation is a red herring. Roger Goddell looked foolish several times, and needed a victory to establish his veneer of almightiness. He may have won the appeal, but he still looks foolish.
Jonny207 (Maine)
I agree that the current Commissioner-centric discipline system is non-sustainable, and the NFLPA should end it no later than the 2020 end of the CBA. At the same time, the Players should man-up to signing on to a faulty agreement. I know they felt pressure from the rank-and-file Players to end the CBA stalemate with the NFL Owners without giving away the ‘keys to the Refrigerator’ (Salary and Bonus Caps, Club Excise Tax penalties). In the end, they gave away the ‘keys to the House’ itself (medieval Baronial powers in the Commissioner).

I would really like to see the Dissenting Opinion of Chief Judge Katzmann, and what his legal reasoning was. That may reveal whether the full Circuit of 22 Judges will vote to rehear the 2-1 Panel decision en banc, and what its prospects are. The Circuit Courts of Appeal are already having to grapple with the ‘new normal’ of an equally divided SCOTUS. This 2-1 Panel decision from the 2nd Circuit (covering NY, CT and VT) was ‘fast-tracked’ to the randomly-drawn 3-member Panel. This ‘new normal’ of any Circuit Court judgment becoming the prevailing (default) ‘Law of the Land’ puts greater pressure on all 13 Circuits to grant en banc hearings and judgments if their (random) Panel decisions are split 2-1. At least then the quality of their collective judgments would be less tenuous than a 2-1 decision that could be sustained (or reversed) by a fully functional SCOTUS.
David S (<br/>)
As a fan, I'm impressed that the NFL would invest so much effort in this rather than seriously addressing the issues of on-field brain damage to and off-field violence by players.
Pete (Cape Ann, Massachusetts)
While no one will accuse Tom of Rhodes Scholar status, destroying his cell phone, potentially destroying evidence days before he was to give evidence in court places the boy in a "what was he thinking" class...that no one will notice or much less care ... if only a game-time decision.
Matt Ng (NY, NY)
With the NFL leaking info all over the place?

With Wells telling Brady his phone was no longer needed?

Sorry, where's the problem?
LarSim (Boston Metro Area)
The whole "destroyed his cell phone" argument has no merit. For one, Tom Brady turned over his cell phone records and texts to the investigators. And more importantly does anyone realize that Tom Brady is married to a world class model that is even more famous than he is? Personal photos of his wife and family would be worth a whole lot more than any silly "deflategate" evidence of some American football player. This was a civil suit, protection of any personal evidence turned over to investigators was not guaranteed.
David desJardins (Burlingame CA)
Presumably, what he was thinking when he destroyed his cellphone is that what was on it was so incriminating that the downside of destroying it, although severe, was less than the downside of not destroying it, which could mean being caught red-handed.
bboot (Vermont)
This is about Goodell's desire to be the king despite his demonstrably poor judgment in all things that concern players. As others point out the facts in the case do not support the conclusion Goodell drew and certainly do not support the punishment. So, at the least there is a need for an appeal from a too harsh penalty. However, again, this is about Goodall's ego and poor decision making.
david rosenberg (sunnyvale ca)
Owners made the decision to pay Goodell $40,000,000 a year. Absurd
Why are there four sets of footballs in each game?
Why does each team have their own balls?
Most important - No ball can be used without being put in the game by THE OFFICIALS.
All balls are in the CARE CUSTODY AND CONTROL OF THE GAME OFFICIALS.
If Brady likes them on the low end of inflation, and Peyton likes them on the high end, SO WHAT.
To suggest that Brady instructed anybody to put balls in play that were illegal is also absurd.
Bottom line The OWNERS have enough money to get a much better commissioner!
What is the market for Goddell shirts? ZERO!!!
Mike (San Diego)
Clearly the N.F.L. Players Association is quite negligent. The time for them to protest was --before-- they signed the contract agreement giving the Commissioner such wide ranging powers. It strains credulity to envision players disagreeing with judgement of NFL management caught the bargainers unawares.
David (Canada)
Herman initially concluded that Brady was unfairly suspended, based on conflicting nature of the evidence and the severity of the punishment, which was well beyond the parameters outlined in the rules. So Brady played. Now, the decision is overturned, disregarding evidence and rules and focusing only on Goodell's right to assess penalty. No mention whether or not he got it right, though most scientific evidence now suggests he did not. So, the Patriots will appeal again, likely successfully so, and Goodell will refuse to park his ego for the good of the league and continue to pursue his vengeance. The league should release Goodell, drop the deflate gate case, and focus its efforts on evolving its rules and procedures to better reflect due process in the 21st century.
Frank Lee (Saginaw, MI)
This is the most boring, lame, drawn out story of all time in sports.

If true, it's an equipment violation. 1 game at most.
MdGuy (Maryland)
The New York-based NFL rules against the Patriots, and therefore to the benefit of the Jets. Who woulda thunk it?

For the 1001th time, the officials handled the ball on every play and never noticed a problem?

Btw, whatever became of the Jets' tampering issue?
Richard Heckmann (Bellingham MA 02019)
Jealousy is a vicious reaction to a winner. This is trivial and head concussion deaths remain under the radar. Please help me understand the stupidly of NFL management. How much did they spend on this? Money properly spent might have save Junior Seau's life......................disgusting politics!
Last liberal in IN (The flyover zone)
A rare moment indeed for any Hoosier to be defending Brady, but it occurs to me that Brady has been set up by the NFL for prior pro-union activities.
Dick Reddy (Fredonia, NY)
Rodger Goodell continues to behave in an utterly arbitrary and capricious manner, striking out at one of the top franchises in the League and at one of the top players in the history of the League, doing so without any legitimate basis whatsoever. He has disgraced himself and his League.

I have avidly followed the NFL since the 1950s. I suspect I've seen my last game.
just say'n (Detroit Michigan)
Chief Judge Katzman (Harvard Law) states the fundamental truth about this Roger Goddell-driven fiasco in his dissent: "But the Commissioner’s murky explanation of Brady’s discipline undercuts the protections for which the NFLPA bargained on Brady’s, and others’, behalf. It is ironic that a process designed to ensure fairness to all players has been used unfairly against one player."
Amen
Jeff M (Middletown NJ)
I'm sure Tom found that decision very deflating.
MPM (West Boylston)
It is funny that the harshest comments come from areas where the Patriots have beaten the locals. But of course , the only reason their team lost is because NE cheated ( keep thinking that ! )
JSD (New York, NY)
Nope.... No one is saying that all the Patriots' wins were a product of cheating.

All we're saying is that with a cheater, you never know which ones are fair and which ones are the results of cheating.
C Miller (Honolulu)
In this case, you do know. PV=nRT, and there was no cheating--unless you think the weather can cheat.
Dectra (Washington, DC)
A boorish player finnaly has to deal with the consequnces of his actions.

Unfortunate for his team mates, but Brady's arrogance, tied to his Coach's past attempts to 'win at all cost' (including cheating by illegally videotaping their September 9, 2007 regular-season game against the New York Jets) shows a so called leader and culture that is not worth emulating.
Elysse (Boston)
Branding Tom Brady "boorish" deflates (!) your entire post. TB is always a gentleman on and off the field; even his detractors cannot deny this. His work ethic is stellar, and his behavior is that of a sportsman and a gentleman at all times.
Dectra (Washington, DC)
Elysse,

The person you admire wouldn't have sat there with a smirk on his face when questioned about something as serious as cheating in a playoff game.

A "gentleman" wouldn't have smashed his phone to avoid handing it over in the ensuing investigation.

His attitude was that of the class clown, a person who thinks he's too clever / attractive / funny / skilled at sports to have to pay a serious matter with tact and honesty.
Robert Dana (11937)
This is no surprise. The NFLPA agreed to the grievance procedures with Goodell as decider. They also agreed to arbitration as the means of dispute resolution. Courts never, never overturn arbitration decisions absent extreme circumstances; e.g., fraud, criminal conduct.

Accordingly, that the lower court (federal judge) went Brady's way was astounding to me.

I wonder how this will impact the US Women's Soccer Team in their pay discrimination case? Like Brady, they agreed to a term in a collective bargaining agreement to which they now seek to walk away from.

Like Brady, they too wear Uggs.
M (New England)
I cannot begin to explain the sheer joy this one man has brought to millions of Patriot's fans over fifteen years. Countless last minute victories, countless playoff victories, thrilling superbowl victories, and on and on and on. To be quite honest, I would be ill with envy and jealousy if I lived anywhere else and I had to see this guy come to my town and abuse my team like a rented mule, year after year, game after game, all while acting like a perfect, unassuming gentleman. I have never once heard of or read about him ever trash-talking another team or player. Ever. That says a lot about him. What can we expect this coming year? He'll miss the four games, obviously, and then put the Patriots right back on top, where the odds makers already are predicting a superbowl victory. Don't bet against Tom Brady until he retires.
Robert Dana (11937)
You're breaking our hearts.

It's like in 'On The Waterfront' when Terry tried to tell the Preist what a nice guy Johnny Friendly was.
Stuck in Cali (los angeles)
But he cheated, and then destroyed his cellphone, to destroy evidence. Does winning mean that cheating is okay, as long as the cheater"acts like a gentleman?"
PE (Seattle, WA)
Those last minute victories are much easier with a deflated ball. The RBs won't fumble as much. The WRs won't drop as much. And the QB gets a better grip on the ball. If "the deflator" ball boy was systematically breaking the rules under pressure from Brady, much of the offense is complicit, for they all had their hands on it, and benefited from it. The Ravens also complained of a deflated ball after an interception. It sounds like this slight advantage may go back years. How does this slight advantage affect the win/lose percentage? How does this slight advantage affect those last minute drives?
Jack (Middletown, Connecticut)
Tom Brady, Johnny Manziel and Beyoncé stories, I am going to have to subscribe to USA Today for my hard hitting news stories. The NYT's has become a tabloid.
James (Boston)
Pssh culture. Who cares, right? Stick to Donald trump and natural disasters please.
malibu frank (Calif.)
So, every single one of the 24 footballs used in each game over an entire season is precisely inflated to no more than 13 lbs and no less than 12 and stays that way for up to three hours from August to February.
Really?
Chris (DC)
You're supposing the NFL ever cared about PSI before they had to look tough after blowing the Rice and Peterson suspensions.

Nocera picked them apart earlier this year, as others have been doing since the Wells Report was issued.

http://www.nytimes.com/2016/01/23/sports/football/nfl-ignores-ball-defla...
Rand Tenor (Mechanicsburg, Pa.)
What about the sound interference in the Steeler game last year? Are the Patriots innocent of that too?
Chris (DC)
Do you believe the NFL when they said the Pats are guilty of Deflategate, or do you believe the NFL when they said the Pats had nothing to do with the headset issue?

Honestly? Tough call.
reader21 (NY, NY)
Yes. Sound is controlled by the NFL not the home teams.
Quiet Waiting (Texas)
The comments of my fellow NYT readers have forced me to realize that I may be the only shallow, vacuous, and clueless person reading this article. How could someone so fit, rich, tall, talented, and handsome be deemed guilty of doing anything wrong?
Snow in July (Maine)
Hating Brady is like hating the Yankees or Cowboys when they kept winning all the time. The ruling was not about justice but about the CBA. Science, for those of you believe in it, proved Brady was innocent. Just a little reminder that at the hearing Brady provided testimony under OATH which means if he lied he could/should be charged with perjury. Why in the world who Brady open himself to a criminal conviction? It has nothing to do with money or titles or legacy, it has everything to do with the truth.
steve (hawaii)
No, science didn't prove him innocent. It proved he COULD be innocent. But science wasn't involved in Pats' trainers texting about deflating the footballs. In a court of law, that would be called cold, hard evidence. Nor was science involved in Brady destroying his cellphone. In a court of law, that would be called obstruction of justice. And his testimony? It wasn't even in open court, so how does anyone know whether he was truthful or not. All of the documented evidence speaks against him. His actions speak against him. And action is louder than words, in my book.
NYrByChoice (New York, NY)
The cell phone issue is a false argument, it sounds good, but in reality, they never needed Bradys cell phone, since they had the trainers text messages.
But facts are an Inconvenience to the NFL.
Rob (NH)
Let’s see if I’ve got this. The NFL allows wife beaters, child beaters, dog killers, and has for years has denied that concussions are a problem in any way. But if, just if, under inflated footballs were used in the first half of a game when most of the scoring occurred in the second half, oh well, that requires a major penalty. Yeah, OK, I understand now. Makes perfect sense. I hope the Pats will go to their first four games and then refuse to take the field. Wonder how the owners would feel when their TV rights start to tank. And remember, the owners and, of course, the Commissioner, add nothing to the game. It’s the guys who take the field and damage themselves for our entertainment who do all the work.
Number23 (New York)
I grow weary of the conflation of off-the-field incidents and those that take place between the sidelines. Obviously, of domestic violence and cheating to gain an advantage on Sunday afternoon, only the former qualifies as a crime against humanity. When it comes to the criminal justice system and maybe even some eternal moral code that we all must answer to, only Ray Rice, and not Tom Brady, should be held in judgment. But when the crimes are isolated to the context of impacting the integrity of football and the spirit of fair competition, Brady's actions are far more offensive than Rice's.
NYCATLPDX (Portland, OR)
"Sport reveals character."

So true.
MPM (West Boylston)
Does this mean the League is going to Flex Time the opening Sunday Night Football game, ( Arizona vs. NE ) , now that it's marquee value has dimmed somewhat ?
Suzanne (Seattle)
Tom Brady is dirty, dirty, dirty. He should give his Super Bowl ring to Russell Wilson.
reader21 (NY, NY)
Russell Wilson lost fair and square. Nothing can change that no matter how often they try to run the same losing final play.
RM (Vermont)
Like any sport, football operates to maintain public confidence that everything is on the up and up. While the League does not condone betting, it knows that much of its popularity stems from fans with money riding on games.

As a result, leagues should be given great discretion in both the kind of disciplinary actions in cases of alleged cheating, and, in the nature of evidence relied upon to make a finding of cheating. Glad the appellate court recognizes this.
Bill (<br/>)
Patriots fans probably believe OJ is innocent too.
JSD (New York, NY)
Yeah.... I'm not so clear their insatiable skepticism applies outside Gillette Stadium.
srwdm (Boston)
Yes, the ideal gas law (PV=nRT) and other approximations for real gases.

And a careful evaluation and investigation determined that the idiotic footballs were deflated by team staff members and that Brady most likely knew about it. This is a PREPONDERANCE OF THE EVIDENCE case.

[Perhaps we should really be talking about the "gas laws" and the propagation of violent force in repeated traumatic brain injury—while rabid "fans" sit in the stadium or in front of monitors.]
Chris (DC)
Actually, examination of the investigation reveals otherwise.

http://www.nytimes.com/2016/01/23/sports/football/nfl-ignores-ball-defla...
just say'n (Detroit Michigan)
While all the yabbering is about what Tom Brady did or did not do with flabbly footballs, this is really about an NFL that is trying to cover its own behind for gross mismanagement.
Wes (Cal)
Not to worry! All the 12 and 4 teams will make it to the second season.
MockingBird (New York, NY)
For the love of what's holy, can this please go away?!
Wally (Toronto)
The opposing team (the Colts as I recall) had reason to suspect that the Patriots were deflating balls. That's what triggered the investigation. Their suspicion proves nothing of course, but it does add another reason to suspect that the Patriots were cheating, had done so before, and Brady covered up his role. If you grant that the NFL is not required to clear the high hurdle of a legal court -- guilt beyond a reasonable doubt -- then their investigation, conclusion and penalty seems fair. The courts should not have overturned the penalty unless they found grievous errors and unfairness in the NFL's procedure.
MS (NYC)
I am a fan of both the NFL and integrity.
Now, the two are not inextricably linked, but it seems to me that if TB had any of the latter he would accept the suspension and move on.
He insults our intelligence by claiming he had neither knowledge nor involvement with this ball tampering scandal.
jeoffrey (Arlington, MA)
There's precious little evidence the balls were tampered with.
MS (NYC)
so you're telling me there IS evidence.
that's what we all thought.
ManhattanWilliam (New York, NY)
GOOD DECISION! Of course the Commissioner should be in the position to impose such penalties after concluding an investigation into malfeasance proves that chicanery occurred. The very idea that these sorts of incidents occur in major league sports is a blight on the entire league and should be dealt with harshly. I hope this serves as a lesson to others not to engage in what can only be called PLAIN OLD CHEATING. Unfortunately I doubt that it will deter others from trying to win by deceit for very long.
James (Boston)
What about the NFL's chicanery ? False leaks about air pressure. Withholding Jeff Pash from questioning when he basically co-wrote the "independent" Wells Report. Lying about Brady's testimony during the appeal and then attempting to keep that very testimony sealed to conceal their lie. Claiming to research and publish gas pressure findings from last season's games before doubling back and saying they were merely trying to deter possible infractions. Sure they were. Definitely nothing in those findings that would have supported those quacks that are the scientific community who all say that the deflated footballs can be explained by the game time weather conditions in Foxboro. And on that note, the NFL admitted that none of the officials at the Pats v Colts game had ever heard of the ideal gas law, which I guess is a result of extreme ignorance rather than chicanery. Also, chill with the verbosity, we get it, you read the Times and you are very educated.
John (Vermont)
Typo in last sentence of sixth Graf. Word is "remand" not "remain."
longmemory (MA)
I've never understood why the NFL would think Brady and the equipment managers would pick a method for deflating the footballs that was only possible at home games, and thus 50% of the schedule. Doesn't really make much sense from a competitive angle, or from a consistency angle.
PH (Near NYC)
Who even tries 12 football deflations to pretty much the same psi, during an NFL playoff halftime? Then again, wasn't it Topo Gigio who got 12 plates spinning in 100 seconds on The Ed Sullivan Show in the 1960's AND to a great rendition of the William Tell Overture? So hey? Roger needed to show HE is the big cheese. No evidence or facts entered into this.
cf (Ohio)
I can only ask, why do professional sports need cheaters? Whether it's manipulation of the pressure in the football like Brady and the Patriots did, or PED's, or whatever. Why not just fire them and move on, rewarding those willing to play by the rules.
Phoenix (California)
Why do famous, rich, handsome, and privileged athletes cheat? Because, in their minds, there's never enough "winning." They want it all,and then more, and then more after that, no matter the cost. As for why these pro players aren't fired outright, it's because there's so much money riding on their backs. It's like asking a Triple Crown winner to shoot his thoroughbred. Okay, maybe he stomped a few people to death, but he's still a Triple Crown winner. Fame and money equal unmitigated privilege.
Alan (<br/>)
Finally! Now we'll find out how good Jimmy Garoppolo really is!
pbk3rd (Vermont)
Scientific studies conducted by M.I.T, the University of Chicago, Carnegie Mellon, Rockefeller University, the American Enterprise Institute and the University of Illinois have all concluded that the deflation of the Patriots' footballs was the result of natural factors, not tampering. Not a single independent analysis has upheld the results of the Exponent study, which at this point has all the credibility of those discredited studies denying global warming. Those who ignore the scientific evidence and point to the "circumstantial" evidence forget one critical thing -- if no crime occurred (as the reliable science concludes), then the circumstantial evidence isn't evidence of a crime. Maybe McNally really did use the bathroom for its intended purpose, not to deflate footballs. Maybe Brady destroyed his cellphone because he was concerned about all the unpunished leaks of false information that had occurred during the course of the NFL's investigation, not about destroying evidence of a crime that didn't occur. For all of you Patriot haters out there I have one simple question. What are you going to believe -- the conclusions of a research firm which previously denied that second-hand smoke causes cancer or the conclusions of every reputable university that has studied the issue? This is a shameful moment in the history of an institution that has a long record of denying scientific proof.
Betty Rourke (Conn.)
I have a bridge Im selling...
Elysse (Boston)
So, if I understand correctly, per the NFL Rule Book:

(from page 35 of the Wells repor: “Once the balls have left the locker room, no one, including players, equipment managers and coaches are allowed to alter the footballs in any way. If any individual alters the footballs, or if a non-approved ball is used in the game, the person responsible and, if appropriate, the head coach or other club personnel will be subject to discipline, including but not limited to, a fine of $25,000.”

What am I missing here? Or is it that I am not a commissioner who practices frontier justice over the ever-increasingly banana republic known as the NFL?

And lest I be branded a homer, I was in agreement with the Spygate ruling. Not that the Pats were the only ones doing it (highly doubtful), but were the only ones dumb enough to get caught.
MushyWaffle (Denver)
TB and his organization have been a blight on NFL for many years now. It's about time, they got SOME kind of penalty.

In the last 10 years, 3 of 4 Superbowls have come under the cloud of cheating. One year, they steal playbooks, one year they record other teams practice, and another where they couldn't play a fair game on even sides and altered equipment.

They are simply put, cheaters. As long as Bilicheck has been involved with organization, they have used questionable tactics to gain edge on opponents.
mather (Atlanta GA)
Just when we thought our long, national nightmare was over, deflatgate re-inflates before our eyes. Will this harrowing tragedy never end? Oh the humanity!
rik (USA)
There was no illegal deflation. The pressure, temperature, and time readings presented in the Wells Report when analyzed using the Ideal Gas Law show beyond any scientific or mathematical doubt that there was no illegal deflation. Tom Brady and the Patriots are being convicted and punished not only for a crime they did not commit, but for a crime that never occurred. Everyone who doesn't believe this needs to do the math. There have been multiple demonstrations as to how the math is done online (see http://people.csail.mit.edu/jleonard/20151104_leonard_unh_deflategate_fi..., https://www.youtube.com/watch?v=wwxXsEltyas) It's just algebra. Anyone who can do algebra can see for his or her self that no illegal deflation occurred. Never happened. If this travesty continues, Tom Brady with Gisele should hire a law firm in England, where the NFL plays once a year, and sue the NFL for defamation. Not only can the British do math and physics (the holder of the Newton Chair of Physics could be called as an expert), the British are beyond the influence of the NFL owners, their money, and their media manipulation.
Will (Massachusetts)
As was made clear in the ruling, the decision handed down by the 2nd circuit was limited to only whether Goodall acted within the bounds of the leagues bargaining agreement with the players union, not whether the balls were tampered with or not.

Sorry Patriots haters.
Janet (&amp;amp;lt;br/&amp;amp;gt;)
Will,
Have you read the whole ruling? There is a lot of info in it in re what we are talking about here .. Brady and the one who supposedly deflated the team's footballs, the phone calls between them (before and after that game) .. and also with the 3rd person involved. Plus the signed gifts that Brady gave to him before that game are mentioned in this ruling.
All of this info is referred to in depth .. even tho the ruling is as to Goodell's acting in the spirit of the collective bargaining agreement.
EuroAm (Oh)
Just simply Love the example to the children continuing to be set here...does this get filed under "personal honesty," "sportsmanship" or "team player"?
Kingfish52 (Collbran, CO)
Mr. Goodell was certainly acting within the broad rights he was given as Commissioner, as agreed to by the Players Union, so this ruling should never have been set aside in the first place, and now is rightfully restored.

That said, Goodell blew it. If he found that the Patriots had cheated, as he obviously did, that proves that anything they achieved as a result of that cheating was wrongfully gained. He should have set stripped them of their AFC and NFL championships, fined them, suspended all those who were involved and/or knew about it, and taken draft picks away. Even all that would not be justice, since true justice would have been immediately forfeiting the Colts game and allowing the Colts to play the SB, but given his snail-paced action, it would be the next best thing.

As far as I and many other people are concerned, the N.E. team will forever be known as the Cheatriots.
colin (ny)
Why is a Federal court deciding this? Can the US taxpayers bill the NFL and/or Tom Brady for the court fees?
AussieAmerican (Malvern, PA)
I'm not going to claim that I'm impartial in this matter, or that my team (the Steelers) would not have benefited if Brady's suspension had been upheld in the first place. I have read the "evidence" that the NFL has against Brady, and I'm not convinced by it. But that is not really the issue here.

The issue, I think, is that the Patriots could avoid a lot of accusations, true or not, by being a little more open as an organization. When people think you are stonewalling, it's usually because you are.
Matt Ng (NY, NY)
Stonewalling?

They turned all the evidence over to the league, allowed the interview of equipment managers five times, got all the texts and calls to and from their phones.

All that and no evidence? Where's the stonewalling? Where's the evidence other than "more than likely" or "probably"?

If you want to talk about shredding the cell phone, he did it after Wells indicated and no longer needed as evidence. With all the leaks from the NFL, can't blame Brady for shredding it too.
Cornflower Rhys (Washington, DC)
Oh, no! Reinflated.
John Brady (Canterbury, CT.)
I have this vision of Jimmy Garoppolo leading the Patriots to an undefeated season and asking Roger Goodell to be the godfather of (all) his children.
Jake Linco (Chicago)
I can see this coming down to a pardon from President Trump.
Ed (Austin)
Ha, ha. That one made me laugh! Thanks!
dolly patterson (Redwood City, CA)
I wish Brady would just retire and we never hear from him or see him again.

Brady went to a private Catholic boys school (Serra in San Mateo) not too far from where I live and there are 100s of boys (like my son) who used to idolize him. They keep trying to justify his lies and arrogance. Brady is a disgrace.
CF (Massachusetts)
Listen everyone--football is a game. The National Football League is a club. The NFL has a set of rules and regulations; the players belong to a union and both labor and management adhere to collective bargaining agreements. Because it's a union issue, contract cases can be heard in a "civilian" court like any other contract dispute between parties. The case against Tom Brady is not subject to the same standard of "innocent until proven guilty" that criminal courts of the United States adhere to. Tom Brady has never been accused of committing a "crime" that can be tried in a criminal court.

Nothing ever had to be "proved." The NFL did an investigation and determined that something fishy was going on. It's simply irrelevant whether or not the balls on the field were actually deflated. We've got one guy calling himself "the deflator" and dragging the game balls behind him into the bathroom. We've got Tom Brady keeping mum and destroying a cell phone. If you're not in a criminal court, "something fishy was going on" is sufficient to impose a penalty. Should the penalty be so harsh? I personally don't think so, but Goodell is the commissioner, not me.

The most laughable thing is that Tom Brady's main defense seems to be that he would never have been involved in this thing he's not admitting to being involved in if he knew the punishment would be this severe. Sheesh. Let's all move on now.
Manny Martinez (Kansas City, MO)
Look, Brady deserved what he got. However, it does seem a little unfair that fellow legends in Peyton Manning and Ray Lewis got off easy despite strong PED allegations in recent years. Not saying that Brady shouldn't be punished, but others should face the same punishment for cheating.
Iver Thompson (Pasadena, CA)
This urgent matter deserves to be taken all the way to SCOTUS. I'm sure that the founders foresaw such a dire matter eventually coming and structured our system for precisely this reason. Football! America's reputation as the last bastion of law and order is at stake and depends on it! Anything less is a travesty.
John Brady (Canterbury, CT.)
I believe Shakespeare said it right: "If thou didst ever hold me in thy heart, / Absent thee from felicity a while, / And in this harsh world draw thy breath in pain / To tell my story." Hamlet speaking last words to Horatio
VJR (North America)
"In their decision, the judges did not consider the much discussed underlying facts of the case, including the science of football deflation, but looked solely at whether Goodell, as arbitrator, acted in the spirit of the collective bargaining agreement."

And that, right there, is why decisions on scientific facts should be left to scientists and not lawyers, politicians, bureaucrats, or tools (*cough* Goodell *cough*). Maybe the Second Circuit might want to rule on the value of pi while they're at it.

Seriously, the NFL should have had multiple scientific opinions on the matter (like the Rogers Commission regarding the explosion of Challenger) and once the scientific community had a consensus opinion, then the NFL should have ruled. Instead, we saw a hasty witch hunt in which the NFL aired it's dirty laundry. Nice attempt to Wag-The-Dog to divert attention from the frequent and consistently negative Chronic Traumatic Encephalopathy press... Maybe the NFL can get the Second Circuit to rule that CTE doesn't exist either.
Mikeyz (Boston)
Actually, a 12 game regular season for a 39 year old QB is probably a good thing. Now that this nonsense is settled (maybe), the league can get on to the actually important issue of concussive injury (which may have much to do with the spousal abuse problem). Possible chicanery will have zero effect on the continuance of the NFL. Brain injury just might.
Lindsay Law (NEW MILFORD, CT.)
I just cancelled my NFL package from DiRECTV, which is $300. The leaders and owners of the NFL are destroying my enjoyment of the game. How stupid can they be to suspend one of the most talented practitioners of the game on spurious charges? Sorry folks, no more money from me. I will simply learn to live with LESS football.
Bob Y2 (Boston)
The NFL and its owners only care about winning. Integrity means nothing. The Colts started this travesty because they are tired of losing to a superior organization. The owners that continue to support Goodell want to win. And with respect to integrity: A great player guilty of a felony will get a second change; a marginal player will not. A player with great potential that has off-field "issues" will drop to the end of the first round; a marginal player will go undrafted. That's about all you need to know.
CML (Pullman, WA)
He cheated. It's that simple. Where's the story? He's luck the suspension is so light.
gc (AZ)
Another lonely little teapot has found it's very own tempest.
Abbott Hall (Westfield, NJ)
The entire episode was a set up by the NFL on behalf of the owners who hate Bob Kraft. The NFL officials who were at the game, and there were a lot of them, told the Patriots that they were going to screw them even before they had the air pressure data. And the NFL is silent about the Colts balls that were under inflated and the fact that they stopped testing them because it made their case look bad. The NFL lied to ESPN about the original data and continued to lie throughout the entire case. They have no evidence at all. The NFLPA should never accept this because if this stands it means that Goodell can do whatever he wants to any player and he is the prosecutor, judge, appeals judge and executioner. BTW-Brady's stats in 2016 with the NFL controlling the balls were the same as they were in 2015 when the teams controlled their balls.
Matthew McLaughlin (Pittsburgh PA)
I am, I suspect, one of the few who have read the district court decision.
A retired lawyer, I have arbitrated a number of cases the largest involving multiple issues and over a million dollars.

The lower court decision was shot through with misstatements of and refusal to apply the law of arbitration. That law gives the arbitrator virtually un-reviewable power to decide both the law and the facts.To decide what discovery if any is to be allowed. And to decide what evidence is to be admitted and the weight to be given it

And in commercial arbitration the power to be wrong on all. And to deliver a decision containing only the result and without explanation.

Labor arbitration is a special species. Accorded even more special deference by SCOTUS beginning with the so called trilogy cases of the early 1960s.

The district court decision was even more egregiously wrong even if its biased version of the facts is taken as materially complete and accurate. NOT!

Although only a fragment of which is immediately available, it is enough to show that the court of appeals dissent is of the same piece as as that of the lower court.
An examination of the dissenter's CV on Wiki shows why: His writings demonstrate that his jurisprudence in of the Lewis Carroll school: The law and the facts are nothing more or less than I say they; and only the result I want counts.( For an expansive version of "jurisprudence" see Justice Breyer's book: Making Democracy Work [sic; sick]
Bob in Pennsyltucky (Pennsylvania)
Did Tom Brady say "It is our job to cheat & the officials job to catch us"?

Probably not... lol
Hammerwielder (Toronto)
As the article clearly states, the issue before the courts has been limited to whether the Commissioner's powers under the CBA accorded procedural fairness to Brady. The courts have not touched the merits of the case against Brady and the Patriots. Accordingly, comments about whether Brady ought to be suspended are misplaced. The legal case is solely about whether the players agreed that the Commissioner could be investigator, prosecutor and judge. The Court of Appeals held that this tripartite arrangement had been agreed to and for that reason did not result in procedural unfairness to Brady.
Tim (Boston)
Check the science - there is no good case here in the first place. The "more likely than not" standard is so elastic that you could gin up a whole lot of what-if probabilities. The reports and the contentions have been hammered as misleading, the league allowed misleading information to be made public, and there was nothing on Brady's cell phone that investigators needed.

It is more likely than not that nothing even happened. Would the star quarterback, 8 years into his career, even need to tell the ball guy what he wanted the footballs to feel like? Wouldn't the ball guy already know that?

The real issue is how Goodell is able to do pretty much as he pleases. New rules are afoot changing this now.
sbmd (florida)
Brady was immensely unwise when he destroyed his cell phone in the middle of an investigation. The appearance of impropriety is enormous even if he was just destroying evidence of another imbroglio. He should accept the judgement of the commissioner with humility. Something was wrong and he knew it and we know it.
Captain (Nemo)
In justice, I believe there must be both fairness and the appearance of fairness; here we have neither.

Using Brady's destruction of his phone as evidence of his guilt is nonsense. You've never thrown anything against the wall in complete, furious frustration? You don't know young male pro athletes, then, either.

If the NFL wanted to know what was on Brady's phone/text messages, they could have gotten the data. But they didn't, did you notice that? Destroying a phone does not destroy the trail of, or the content of, those messages. All through the HW and SW infrastructure that delivers the messages is evidence of what was in those messages.

Hell, the NFL could have just asked the NSA for the data, we know THEY have it!

But the NFL doesn't seem to want to know.

Goodell looks like a clown because he IS one. And I'm not some Pat's apologist, either.
Ross Salinger (Carlsbad Ca)
The whole thing was deeply stupid from start to finish. In baseball you get the ball from the umpire. You do not get "your" baseballs. You don't get "your" basketball in the NBA. Every ball used in the game should be uniform insofar as possible and controlled from start to finish by an official ball boy. No more personal balls, no more cheating.
Kim (Claremont, Ca.)
Why does it take so long for justice to prevail, in the meantime a whole year has passed, he played the year with no consequence! The worst part of all our kids suffer with the delusion that cheating in almost every form is ok...shame on the powers that be, what goes around comes around!
Ed M (Richmond, RI)
Essentially this is a finding that the Commissioner has the right to be either wrong or arbitrary because the agreement gave him the authority. The players and fans now know that the Commissioner cannot be relied on to be more than arbitrary or fair, just comfortable in knowing that he can do as he feels.... for this contract period, but it bodes ill for the future of any impartiality. The Patriots scored more with more air in the balls, so they also learned the more the better with what is known in basketball as "airballs".
Linda Hale (California)
I have something unique to say. I saw one of the players from the opposing team holding the football. I've never seen such powerful fingers in my life. I do believe in fhe excitement more than one of these very powerful players may have deflated the football just by grasping it. Why not see if that's the case. Try and see if any of the NFL players can deflate the football just by squeezing it. Of course, adrenaline gives athletes a lot more strength than normal during competition. So, any loss of air may prove my point.
Wendi (Chico, CA)
New England fans there will be an appeal. Just hope a Supreme Court Justice gets appointed because a tie goes back to the applet ruling (LOL)
Honestly, I think Tom should take the suspension upfront Starting the 2016 season and this while issue can finally dissipate.
teacher in MA (Nantucket, MA)
I am not a fan of football. As an outsider to the sport, this whole ordeal seems absurd on many levels. From the commissioner, to the star quarterback of the league, to the fans and to the haters of the NE Patriots - it is a foolish drama of its own making leading to its own demise. The swagger of the NFL hierarchy head honchos seems ludicrous to someone who already struggles with the amount of time and attention football. And now our court system is involved with separating out this triviality! People - go back to work! Forget about this sad chapter of a sport that has preoccupied your minds for too long. There is nothing to be learned here about character, so much is artificially created. There are remarkable athletes playing a game where they bash into each other and get a ball from one end of the field down to the other. They get paid a lot to do it so you can enjoy watching it. End of story.
KarlosTJ (Bostonia)
When is the NFL going to release the data they collected during the 2015 season on ball pressures? It's been almost three months since the Super Bowl, they should have some analysis done by now. Oh, that's right - because it's inconclusive.
SH (Boston)
4 questions for the 4 games:
Will Aaron Rodgers be suspended for publicly admitting to over inflating footballs?
What will Robert Kraft decide to do about Goodell... and how much Bob does in support of the NFL?
Does the NFL like being a joke? Air in footballs takes precedent over concussions and wife beatings?
Will Goodell come to Boston and meet the fans at Gillette?

Bonus question: Does Goodell have a revised resume at the ready?
Phillip (Manhattan)
Then again, there is the very probable scenario, given Brady's history of being a crybaby on the field, that his competitive juices were out of control, which the culture of Patriots football has nourished. Historically they have been fined and caught bending the rules and outright cheating. The fact that Pat fans are beyond indignation over this, is par for the course with Boston/NE fans, as they regard their sports teams as superior to all others without doubt. And that my friends, is an extremely unrealistic, elitist, and, I daresay, unhealthy view.
Evan (New York)
I'm assuming the court "remanded with instructions," not "remained with instructions."
Ed (Austin)
For anyone really interested, the dissenting judge's comments are in full here:

http://www.boston.com/sports/deflategate/2016/04/25/in-dissenting-opinio...

I'm tired of the whole thing (who isn't?) but still feel the NFL overreaches in its choice of penalties.
ruffles (Wilmington, DE)
For those of you so confident that the Patriots and Tom Brady are beyond reproach, I caution you: in sport as in so many other areas of life, where there's smoke there's usually fire. Roger Goodell's self-serving incompetence aside, here is a two-word cautionary tale for Patriots fans: Lance Armstrong.
james (<br/>)
I love the irony here! While Brady and the Patriot Organization seems to be and probably is guilty of bending and stretching rules to his/their favor, the investigation and indictment were handled so poorly, only Goodell should be found guilty for liable and slander. If you read this article, Goodell, in the middle of this investigation changed the charges; if you have any science education, you know the one (only one football was under-inflated even though they were originally reported to ALL have been under inflated) under-inflated football's psi is easily explained by the ideal gas law (along with the other half dozen that were at the bottom of the acceptable level for inflation); and if you believe the NFL cares more about money than anything else, you have to agree that Goodell is the criminal. The Patriots ability to win so much has stymied the coveted parity of the NFL; this way, at least the 31 other teams' fans can point to the Pats as cheaters and still support ($$$) their home team.
But I am a sceptic, and well over 90% of the NFL teams want the Pats to be cheaters too, everyone likes an excuse when they lose.
I think anyone in professional sports is willing to bend rules, walk the line, explore the grey area, if it will help them win; additionally, they will cross the line if they think they can get ahead, but in this case the NFL & Goodell did not do their jobs and are overreaching, cheating is the word they used, but it is also what Goodell is doing: Irony!
Scott (Connecticut)
He destroyed evidence. These are not the actions of an innocent person. The suspension should have been for one game -- the only game that matters to him -- Super Bowl 49. Four regular season games for a Super Bowl win. He will take that trade any time.
Beantownah (Boston MA)
The only surprise with this decision is that it was not a unanimous 3-0 rejection of the District Court judge's overturning the NFL suspension. Courts have a very limited scope of review when addressing arbitration findings. Here the District Court judge went rogue (perhaps a secret Brady fanboy?) and substituted his own judgment for that of the arbitrator, Goodell. Maybe Goodell was right, maybe wrong. But that's not the point of judicial review, which mainly focuses on whether the arbitrator had authority to arbitrate (which Goodell clearly did here).
Suro (Palo alto)

I have a question about the Patriots’ so-called “culture of cheating” that I would love an answer to from any other fans or media member:To date, the Patriots were caught breaking one rule in their history, and that was a technical violation regarding WHERE teams are permitted to film from. That is it. That is the extent of the their “cheating.” Why don’t the Broncos have a culture of cheating because of their salary cap violations that helped them win two super bowls?Why don’t the Jets or Steelers have a culture of cheating because of their coaches and players on the sideline intentionally interfering with play on the field?Why don’t the Seahawks have a culture of cheating based on the seemingly systemic program of PED use by their franchise, or because their coach was chased out of college football for cheating?Why don’t the Browns have a culture of cheating for illegally communicating with the sideline during games?Why don’t the Saints have a culture of cheating for illegally setting up a bounty system?Why don’t the Colts have a culture of cheating for illegally piping in crowd noise while the opposing team is on offense?Why don’t the Lions have a culture of cheating for repeatedly trying to injure opposing players while they are laying on the ground after plays?Why don’t the Ravens have a culture of CRIME after harboring and covering up for a murderer, a drug trafficker and a wife beater?Why do only the Patriots have a “culture of cheating.
Cornflower Rhys (Washington, DC)
Because people aren't rational, Suro.
AussieAmerican (Malvern, PA)
You make a very good point. As to the why of "why only the Patriots?" Jealousy. Success. No one ever said there was a *good* reason for the Patriots to be singled out this way. And I admit to this, despite being a life-long Steelers fan.
ernieh1 (Queens, NY)
There is enormous confusion about what he was suspended for. It was not in fact for his part in deflating footballs, if indeed they were, but for his actions during the investigation, the most egregious of which was his trashing his cell phone, to hide whatever it was he wanted to hide, but most intriguingly, his texts to the equipment manager, some of which may or may not have been incriminating.

Why did he feel the need to destroy his cellphone?
Dave Batista (Boston)
Rejoice Patriots haters. Rejoice in the character assassination of a man who embraces hard work, discipline, humility and his teammates as few ever have. Revel in the scientifically absurd conclusions (since debunked time and again by real scientists at real universities) drawn by a pathetic research group best known for supporting big tobacco. And enjoy your ongoing love affair with paragons of virtue like Ben Roethlisberger in Pittsburgh and the gone but still not gone enough Ray Lewis.
Bill (<br/>)
Lol. Who cares n
AussieAmerican (Malvern, PA)
Two things: I agree with you that there is no evidence that Tom Brady (or anyone else, for that matter) deflated the footballs. Even if they did, it would seem it didn't give them any advantage anyway.

But "humble" Tom Brady? That just doesn't pass the smell test, sorry.
scrappy (Noho)
Well, the joke is still on the 31 other NFL teams if they truly believe the Patriots became a dynasty because of deflated footballs or any other form of "cheating." (Quotation marks included as the league officially defines football deflation as a minor equipment violation--unless you're the Patriots, of course.) The Patriots have a target on their backs because they're on top, and they'll continue to run roughshod over the league until teams stop whining and making excuses about why they always lose to New England. Here are a few hints: 1. a quarterback who's always the first to arrive and the least to leave every workday, 2. masterful roster management, 3. a team-first attitude where players willing to take pay cuts in order to make their everyone better.
JABarry (Maryland)
We have a new reason to believe in justice as well as karma. Ultimately justice has prevailed; the NFL reputation which has been soiled for many reasons has at least demonstrated that it values players who behave off the field and fair play on the field. The Appeals Court decision shows not all judges are Patriots fans. The players and coaches who resort to cheating now have a reason to think twice.

The privileged Tom Brady, who had not been aware that cheating could lead to the kind of punishment he received, has proved karma's existence; and karma did not believe his fairy tale self-serving lies anymore than the rest of us.
mhaven (San Francisco)
Part of me wants this case to be the focus of next season's Serial podcast. There are so many questions and weird motivations that come up in this case that it could make for an entertaining series.
Uncle Eddie (Tennessee)
... with liberty and justice for all ...
Maxwell De Winter (N.Y.C.)
Mr. Brady basically coasted through a stop sign and got charged with hit and run no matter how you look at it! He should have been fined the approximate couple of thousand dollars the rules called for and that's it! This is a complete illogical travesty.......
zeno of citium (the painted porch)
...he coasted through a stop sign and CAUSED a hit and run accident. you play, you pay....
Kingfish52 (Collbran, CO)
To use your analogy more correctly: "Mr. Brady coasted through a stop sign" and broad-sided the Colts, and was charged with the equivalent of a moving violation. He, and his team, should've been made to forfeit that championship game, and not have been allowed to advance to the SB. THAT would've been justice.
CS (Chicago)
I know only the barest outlines of the "deflategate" issue. I read this and wonder only -- with all of the highly complex and consequential issues facing our government today -- why is one of the most important courts in the country wasting its time on this? Guilty or not guilty, surely there are more important issues on which to spend limited judicial resources.
Adrianne (Massachusetts)
The next contract negotiation between the NFL and the player's union is going to be a blood bath.
Otis Campbell (Glen Gardner NJ)
Brady has millions of dollars and his health. He should retire and cease producing revenue for the league. That would put a much deserved nail in Goodell's coffin.
Bill (<br/>)
One can only hope. Sigh. But no he will stick around.
GLC (USA)
Goodell wins a Pyrrhic victory for the NFL, Inc. Way to go, Roger.
Matt (RI)
While I agree with those who state that cheating should be punished, there is one aspect of this incident which has bothered me from the start. How is it that a fabulously successful sports/entertainment industry like the NFL cannot securely manage it's own game balls. There is no legitimate reason why any employee of either team should have unsupervised access to any ball which is to be put into play in the contest. Every tiny aspect of this "game" both on and off the field is micro-managed by a team of officials the size of a small city police force. Come on!!
Wordsworth from Wadsworth (<br/>)
Game ball management is one problem.

The other is the bumbling of this investigation and not having a sufficient quota of evidence to make the case non-contestable. For example, they should have cross-examined the Patriots' equipment managers under oath, perhaps with a deposition after a lawsuit had been filed.

This came on the heels of the Ray Rice incident, in which the league office did not think to ask the casino for security video. Commissioner Goodell's right hand man is a Harvard Law graduate. It's puzzling.
Babel (new Jersey)
The overwhelming majority of football fans will be pleased with this ruling. Only in the New England area where fans take joy in their team cutting corners and yes cheating will there be complaining and grumbling. Victory for fair play and sportsmanship.
Occupy Government (Oakland)
oh, everybody knows he was cheating. he shouldda got the bounce if he wasn't tom brady. so now, he should apologize, shut-up, keep his head down and play ball. or retire.
karystrance (Hoboken, NJ)
Justice? I'll believe it when I see someone else starting at QB for New England.
Koobface (NH)
At this glacial-judicial rate, the suspension will finally go into effect when Brady is 50. Justice will prevail!
Marge Keller (The Midwest)

I find the following two key statements in this article extremely disturbing -

That Brady was "suspended . . . for being “generally aware” of a plot to deflate footballs in the A.F.C. Championship game in January 2015". Wow - being "aware" vs. being suspended for actually having a direct hand in deflating footballs is dubious, at best.

"The commissioner, acting in his capacity as an arbitrator, changes the factual basis for the disciplinary action after the appeal hearing concludes, he undermines the fair notice for which the association bargained, deprives the player of an opportunity to confront the case against him, and, it follows, exceeds his limited authority under the C.B.A. to decide ‘appeals’ of disciplinary decisions.” This statement, more than any other in this article, shows that the Commissioner actually did more "wrong doing" than Brady was suspended for. Once Goodell overstepped his authority as a Commission and then suspended Brady for being "generally aware", a permanent sour taste has been left on everyone's palate.
zeno of citium (the painted porch)
if he was aware but did nothing to stop it then he was complicit as he would have been complicit if it had been a crime (e.g., see current case about 17 year old filming her friend being raped and, apparently, not doing anything to stop it).
Marge Keller (The Midwest)

I agree completely with your statement. I guess my problem is the phrasing of "generally aware". It poses more questions that it answers. I appreciate your clarification.
Pbilsky (Manchester Center, VT)
What a colossal waste of money is all I can say. Colossal! PB
Stuart C. (Outside Boston, MA)
The ruling was about the commissioner's right, under NFL rules, to issue this suspension. He has that right. The science behind the case does not support the conclusion of wrongdoing. No legal process would ever have convicted Brady based on the hard evidence. Football fans who hate the Patriots, and there are many of them, can gloat about this.
GregA (Woodstock, IL)
I got it all wrong. Based on the precedence set by court's decision, I think I have the basis for a lawsuit against Firestone, or at least something to be angry about. They claim to have properly inflated the tires on my Tundra while the tires and my truck were in their nice warm shop. Everything seemed fine on the way home that afternoon, but the tire pressure monitor went off with the truck parked outside the next morning and I found every one of them to be under inflated by a few psi. I blamed the laws of physics for the improper inflation. I didn't know until now that Firestone had conspired to give me a more comfortable ride.
Irenka (Washington, CT)
Patriots should have been stripped of the championship!!!!!!!!!!!! How do you cheat and still get to win?
David (California)
Intentionally head butt someone leading to a concussion = 15 yd penalty.

Let a little air out of a football = 4 game suspension.

Something's wrong with this picture.
M.I. Estner (Wayland, MA)
I predict that the Commissioner's authority as arbitrator and the entire arbitration process will be a major part of negotiations of the next NFL Collective Bargaining Agreement. A strike is very likely. The Second Circuit so much is saying that an arbitrator under a collective bargaining agreement may be arbitrary and capricious so long as his/her decision can be said to be grounded in the parties agreement; and a decision may be deemed grounded in that agreement so long as it is not explicitly prohibited by it. In other words, Goodell has broad authority to do anything that is not explicitly prohibited. The NFL Players Association will not let that be the way of the future.
Here (There)
You have to remember, this was a major point of contention in the last agreement, and the NFLPA gave in, but started trying to undo the authority in the courts. This is just a step on that process. The current contract has been extended, and the NFL is prospering.
buelteman (montara CA)
The Patriots only affirm their history and well-earned reputation as cheaters. The die is cast - Tom Brady is no Joe Montana - nor will he ever be, regardless of how many games he wins.
zeno of citium (the painted porch)
...cheating has been part of the sport from the start. the patriots are only the latest example. i always am amazed that so many pay attention to it. once upon a time it was likely deserved when you actually had home town teams. now — except perhaps for green bay — there are no home town team, only corporations.
David in Toledo (Toledo)
On to the Supreme Court. I can't wait to hear Clarence Thomas's opinion.
Phoenix (California)
@David in Toledo. Your comment made me burst out laughing. Too funny for words. Thanks.
Janet (&amp;amp;amp;lt;br/&amp;amp;amp;gt;)
He finally woke up ? And has opinions?
njglea (Seattle)
It is SO hard to take this seriously. It's football with the BIG money people fighting each other. It's a disgrace when America is falling apart that OUR taxpayer-funded courts are flooded with these "personal power" lawsuits. STOP. Mr. Brady cheated. What more is there to know? Bench him.
Steve B. (Pacifica, CA)
Goodell has got to know that he will never issue a similar ruling again. Neither the players nor the owners will sign a contract that preserves this kind of power. He went too far with his decision, and the long-term result will be a diminution of the Commissioner's authority.
Here (There)
I disagree. This situation is what the NFL fought and won to retain the right, in collective bargaining, to have Goodell be the decision make on player discipline. The Union agreed, and since then has been trying to erode it in the courts.
CS (Ohio)
Is this all by contract though? I assume his discretion is in the bylaws that allow for lucrative TV deals etc. hard to imagine any organization giving that up.
Ed (Austin)
Not a lot of dispassion in Goodell's series of decisions. The dissenting Chief Justice in this latest cases says the penalty for stickum is $8000-some dollars and for a second violation $16000-some dollars. He also says the Commissioner added new findings when he arbitrated, which is definitely not allowed. i.e. The Commissioner dispensed "his own brand of industrial justice", not what was in the CBA.
Observer (Connecticut)
The test regarding this matter should be, what party was harmed by the alleged action, and what was the extent of that harm. As I recall, the Patriots offense was completely ineffective in the first half of the game when the footballs were allegedly underinflated. In the second half, after the balls had been restored to their correct inflation levels, the Patriots routed the opposition by a resounding score. The actual party harmed by the allegedly deflated footballs in the first half of that game would appear to be the Patriots themselves. This seems to be a case of literally 'no harm, no foul'. No more, please?
David (California)
If there was a violation a fifteen yard unsportsmanlike conduct penalty would have been a more appropriate response. This whole episode was incredibly Mickey Mouse.
g douglas abrams (indianapolis)
yea, that is what i tell my children...go ahead and cheat...it only matters if it makes a difference....to which my children would respond, then why cheat at all. to which i would respond, ask Bill and Tom
JV (Pennsylvania)
The "they played better in the second half" argument is ridiculous. Of course there's harm. Everything in football affects the future events of the game. That's why they call it a game of inches. Every play matters, no matter how small.

The Patriots had a 10 point lead by halftime after using under-inflated footballs. What happened in the second half is irrelevant. When one team has a lead the entire game strategy changes for both sides, so there's no way of knowing how the first half affected the second. Having a lead could have allowed the Patriots to take more risk or be more aggressive offensively; it could have given them momentum or made the other team apprehensive. There's no way of knowing. You're suggesting that one team should be allowed to break the rules in the first half as long as the second half is played fairly. What team would agree to those rules, especially in a playoff game?
Agent 86 (Oxford, Mississippi)
This has little to do with football, and all to do with the "sanctity" of labor-management collective bargaining agreements. The players and the owners formally agreed that the NFL commissioner is the final arbiter of disputes arising out of the professional game of American football. In the context of the dispute over improperly inflated game balls, the comm'r could have decided that the claims were either proven or not proven. He decided they were proven and he imposed penalties consistent with his bargained for and formally granted authority. Ya buys ya ticket ... ya takes ya ride. Move on. Nothing to see here.
jpkerr (Lexington, MA)
The real surprise here was Judge Berman's decision to overturn the suspension. As Pats fan, I'm disappointed, and I thought the Commissioner's and the Wells Report's findings on deflation were factually weak. But the NFLPA gave the Commissioner broad authority to rule on player discipline, and he used it. The Association negotiated the contract 5 years ago and in the process traded away or simply ignored player's rights in disciplinary proceedings. The NFL bargained for a kangaroo court and got it.
JP (Nevada)
Missed opportunity here... "Legal experts say both attempts would be long shots" should have been "Legal experts say both attempts would be Hail Marys".
majordmz (Great Falls, VA)
He cheated. He got caught. The courts upheld the right of the NFL Commissioner to decide the penalty, in accordance with the collective bargaining agreement. It's time to move on. But you can be sure that the next time the CBA is up for negotiation, things will change.
Artie (<br/>)
The fact is that the delation of the footballs has never been proved. Many scientific studies performed since the episode have demonstrated that the air pressure could easily have occurred naturally, and furthermore that the Colts' footballs were not properly tested for a fair comparison. Many of these studies have been published in the NYT.

Goodell did this because he wanted to look "tough," and never conducted a fair inquiry with impartial investigators. Now he is a laughing stock, and the players' union really despise him. Well done!
G. Douglas Abrams (indianapolis)
Deflated balls never proven? isnt the attempt, enough? you only get punished if your attempt to cheat is successful?
Antonio (NYC)
What happened to the footballs that the Colts used? If the same applied, those footballs would have been deflated also?
Chris (DC)
...Which they were. At least the ones that officials managed to test at halftime. The results reported on all footballs were within the range of what physics dictates they would be given the climatic differences between the locker room and outdoor playing field.
anon4utu (New York City)
How conservative as jurists Chin and Parker have become.
J S Kirkpatrick (Wheat Ridge, CO)
Brady and the Pats will appeal this decision. They cannot let the implication that indeed they are cheaters stand.

None of which changes the fact that the culture in the Pats franchise fosters cheating, and has for years.

I agree with the rhetorical questions in previous posts: why do such talented people need to cheat?

I do not find pleasure in the Patriot fans' disappointment. Every accomplishment by Brady and the Pats is now open to question. There will forever be an asterisk beside their records, invisible though it may be.
Alan Gamble (Newburyport, MA)
Every accomplishment by Brady and the Pats is now open to question? Give me a break.

We're not talking the Black Sox here.
JJ McLaughlin (Portland, Oregon)
The Patriots aren't going to appeal anything. They are not parties to the case. Brady and the Players Association are the plaintiffs, and the League and Goodell are the defendants. Pats paid their fine and accepted the draft losses a long time ago.

I can't believe I'm actually writing this, but Kraft is far more practical than Brady and the NFLPA.
Wordsworth from Wadsworth (<br/>)
Yes, Brady and the Pats could appeal the decision. But that would mean an appeal before the Supreme Court of the United States.

And the Supreme Court is not going to grant certiorari to a matter so trivial. Hence, no appeal is possible.
masayaNYC (New York City)
Please report more of the details and facts of this:

What, exactly, is the primary claim made by Brady or the NFLPA against Goodell and the Commissioner's office?

And what, exactly, is the text cited by the NFL in exercising its authority to impose the discipline on Brady? What does the contract specifically state? This is what the judges (both at the lower level and appeals level) are reviewing and ruling on.

Or has the actual text of the contract been maintained as confidential through all of this?
Sherr29 (New Jersey)
Goodell and the NFL are idiots to have kept this thing rolling when it is much ado about nothing.
g douglas abrams (indianapolis)
cheating...much ado about nothing....well.
niucame (san diego)
Maybe we start in on fixing the baseball umpires now too. Their strike and ball calls are beyond any understanding or competence. I used to be an umpire and no one that blind should be allowed on the field during a game. If they are that blind someone needs to report them to the people who give out driver's permits. But basically, they aren't that blind and no umpire is that blind, so what does that tell you??
Southern Boy (Spring Hill, TN)
Good. I can't stand Brady, Belichick, nor the Patriots in general.
Muleman (Denver, CO)
Couldn't happen to a more deserving guy.
ShiningLight (North Coast)
Maybe in the coming years, Tom Brady will be thankful he played 4 fewer games. That's 4 fewer games his head will be subjected to debilitating damage.

And yes, this constant churning of the time and attention of the over loaded US court system is a waste of public resources. Grow Up!
delta1965 (VT)
In other news, the N.F.L. agreed to a $765 million settlement of a lawsuit in which retired players accused league officials of covering up the risks of concussions. But this continues to be the big story? Stay tuned for round-the-clock coverage.
Joseph (Boston, MA)
Player health and safety are way down on Goodell's list of priorities.
Chris (DC)
Great news for the NFL, they can now suspend anyone for anything, laws of physics notwithstanding.

But that's where we are now with the case. It's not about whether anything wrong was actually done, merely whether or not Goodell can suspend players based on little evidence. If they had any, we'd have seen the results of their random PSI testing from this year for comparison.

But hey, four opponents of the Patriots just issued a collective sigh of relief. If you can't beat em, make something up and hope the League is looking for a win after bungling two domestic violence suspensions. Not so catchy, but it fits.
David Henry (Concord)
Stating something about the laws of physics doesn't make it so. Tom and his enablers are not above the law.
John (Upper Marlboro, MD)
In reality, it's the opposite that has happened. Brady and the Patriots can't win with the normal rules, so they cheat by deflating footballs and videotaping an opposing team's play-call signals. Not only did the Patriots and Belichick deserve to be fined by the league for Spygate, but they lost a 1st round pick.

The NFL SHOULD suspend Brady for cheating, and warn the Patriots that further violations will result in even larger penalties and fines.
Chris (DC)
The half-time check of all the Patriot's footballs and the Colt's footballs that time allowed to be checked all fell within the expected range predicted by the Ideal Gas Law. Everyone from 7th grade science fair entrants to MIT professors have checked this and found it so. It's why actual science was relegated to footnotes in the Wells Report and why the NFL hasn't released the results of the PSI sampling conducted during this past season.
Jeff (Evanston, IL)
Maybe this should go all the way to the Supreme Court. It's important for the whole nation, right? Football is entertainment for the masses. Forget about little things like campaign financing, voter suppression, LGBT civil rights, immigration policy. We're talking here about squishy footballs.
JSD (New York, NY)
So the big question now is how many of Brady's victories get a big asterisks?

We all now know he is a cheater and we all know he is a liar and will go to great efforts to conceal his cheating. All we don't know is how many times he has been successful in being a sneak and a cheat.

As far as I'm concerned, all of his Super Bowl wins are now suspect.
Simpson Fox (Ct)
Have you bothered to read the decision? It has zero to do with Brady and everything to do with Goodell's rights as arbitrator.
JSD (New York, NY)
Yes, I have read it. Specifically, it has to do with Goodell's power to arbitrate disputes under the NFL's Players' Contract. Goodell had the power to determine that Brady cheated, he made that determination, and then Brady tried to weasel out of his punishment by whining about Goodell's authority. First he cheated, then he was a sneak and liar trying to evade detection, then we was a weasel whining about Goodell's power to punish him.
la kunk (eur)
Wow. You're bitter.

It's ok.
Incontinental (Earth)
It should be noted that this ruling has no bearing on Tom Brady's guilt or innocence, or even the merits of the investigation. It is a ruling that upholds the commissioner's right to impose a penalty on conduct that he sees detrimental to the game based on the agreement with the players' union; no more, no less. Nothing in this ruling or the lower court ruling says that Tom Brady is or is not a cheater.
Marge Keller (The Midwest)

Only Tom Brady and his conscience knows for certain what really happened. The stink of dubious behavior and questionable character and integrity will be with Brady his entire career and legacy. Think Joe Jackson - even though I believe in my heart he was innocent, he is a permanently tainted athlete.

What I do wish is that the NFL would completely embrace the entire head trauma dilemma and financially compensate the many, many players who are broke and have no access to quality health care because of those injuries. If only the court system and the Commissioner would fight half as hard for those guys as they do over this silly deflate-gate nonsense. Nothing like turning one's back on the guys that helped make this sport great and profitable for the NFL.
KarlosTJ (Bostonia)
Ray Rice is suspended for 2 games for actually knocking his now-wife unconscious, while being actually recorded on video.

Tom Brady is suspended for 4 games because Goodell believes maybe he likely sort of knew something about deflated footballs.

Which player tarnished the "beauty" of the NFL? Whose dubious behavior has more stink: Brady's, Rice's, or Goodell's?
Godfrey Daniels (The Black Pussy Cat Cafe)
tom has a net worth of $ 120 mill and is married to a lingerie model

i think this is low on his priority list
David Henry (Concord)
Your priority list only.
John D (San Diego)
Anybody with an open mind who read the facts of this episode cannot be surprised by this ruling.
Joseph (Boston, MA)
That depends on what "facts" you read.
KarlosTJ (Bostonia)
How many draft picks were the Chargers fined in 2012 for tampering with footballs? Was Rivers suspended any games for the team refusing to turn over the towels used to tamper with the footballs? Get back to me on that, will you?
cirincis (Southampton)
It may be a lousy agreement, but it is the agreement the NFL and its players reached. Not a fan of either Brady or Goddell, but they are both entitled to the benefit of what they bargained for, and this crazy system was it. No need for the Second Circuit to save either the NFL Players Association--or Brady--from themselves.
Trover Marie (Los Angeles)
Take it like a man!
Leonard Flier (Buffalo, New York)
The NFL has got bigger problems, like the number of players and fans deserting the game because of brain injuries. With CTE out of control, it's a little surreal to see the football world still consumed with deflated footballs.
Reid (Jordan)
The last NFL player to be suspended 4 games was Joseph Randle who had multiple domestic violence arrests. Do we think the punishment for Brady really fits the (alleged) crime. A fine, maybe but 4 games. That's a joke.
RMAN (<br/>)
The Court is stating that Brady's willful destruction of his cell phone was, all by itself, sufficient to warrant the suspension. Proving once again, for Brady, Belichick, Kraft and Pats fans, that the cover-up is almost always worse than the crime.
JS (Minnetonka, MN)
How diminished is the prevailing odor from Mr. Goodell's office now that the NFL has been judicially "vindicated"? Would it be any less noxious if the odious Mr. Kraft or his underling Mr. Brady had won? Sadly, the NFL will drift merrily along, counting money, traumatizing skulls, pretending to be relevant.
MaryAnn (<br/>)
Judge Parker also noted that Tom Brady had destroyed his cell phone, with all messages that may have cleared him or convicted him. A situation (once again) where the cover-up is worse than the crime.
Stick139 (NE)
Boycott all NFL sponsors until Goodell gets fired. They only way to attack the league is by going after the money.
alexander hamilton (new york)
So many judgmental comments here. So far, 2 of the 4 judges who have heard the arguments (including the Chief Judge of the 2nd Cir. Ct of App.) have agreed with Brady's position. The Court of Appeals made no finding as to Brady's having engaged in the acts alleged, or not. It concerned itself only with whether Goodell acted within the scope of his authority, pursuant to a collective bargaining agreement.

If you think Brady cheated, that's fine. But no court has concluded that, and none will. That's not what's being litigated.
PE (Seattle, WA)
But doesn't the enforcement of Goodell's punishment mean the League thinks he cheated? Goodell acting within the scope means *they*--the League, and the history books, the Hall of Fame--conclude he cheated. If Goodell's actions are upheld as legal and within bounds, that's is all that matters.
Robert Dana (11937)
For the umpteenth, the courts aren't ruling as to whether Brady cheated. And the 2 judges who concluded that the CBA means what it says are of a higher level court than the one judge who went the other way. They trump him.

Your comments are misguided and you do your avatar a disservice.
Donald Schwartz (Longmeadow, MA)
wa wa wa Patriot fans!
My team would never resort to such dastardly tactics.

J E T S
Jets Jets Jets!
John (Ehmann)
Can you Guarantee that?
John (Mebane, NC)
The courts of the US have enough to do without worrying about Tom Brady. Will the Supreme Court agree to hear this case? I think Sotomayor must recuse herself since she is a Jets fan.
Reggie (OR)
The NFL is corrupt, toxic, poisonous and cancerous. It literally destroys lives. The League should be banned by an Act of Congress. Tom Brady does not need the League. The League needs Tom Brady to keep its coffers filled.

Tom should just state his obscenities to Roger Goodell and walk on down the hall. Tom could buy and sell the NFL and probably should. If he likes playing football as much as he says he does, then he should start his own League. He is probably best to go do whatever he does for a living in real life. The NFL is not worth his health, his time, his life, his enthusiasm and whatever other assets he currently brings to it. Tom Brady, the man, is bigger than the League. He should leave the League and help save the lives of young men before they commit to killing themselves inn the service of the NFL, NCAA, Pop Warner, Pee Wee and any all Football leagues in America. Today Ron Brace is another casualty of the NFL. In his own way Tom Brady is too.
Ellie (Boston)
Those of us familiar with the gas laws aren't quite as sure as the rest of you. If the balls were inflated to the lowest limit..on a cold day... Inference of guilt is not the same as evidence of guilt. Would anybody commenting here want us to examine their lives with a standard where suspicion of wrongdoing equals culpability and punishment? Those commenting here who want to teach children a lesson about cheating, maybe you'd like to teach them the more significant lesson about not judging others based merely on suspicion or assumption. We live by "innocent until proven guilty" for a reason.
srwdm (Boston)
Ellie,

Yes, the ideal gas law (PV=nRT) and other approximations for real gases. But you didn't talk about the "gas laws".

A careful evaluation and investigation determined that the idiotic footballs were deflated by team staff members and that alpha jock Brady most likely knew about it. This is a PREPONDERANCE OF THE EVIDENCE case, not "innocent until proven guilty".

[Perhaps we SHOULD talk about the "gas laws" and the propagation of violent force in repeated traumatic brain injury—while rabid "fans" sit in the stadium or in front of monitors.]
Matt Ng (NY, NY)
No evidence of him doing it, no text messages of him going to his equipment people and telling the to deflate footballs, no guilty voicemails to his equipment managers, no one involved has any evidence.

He's played with numerous players in his entire career and yet none of his teammates claims he's a cheater?

It's sad that the Times doesn't give the treatment they give to Brady to actual, scientifically proven and self-admitted cheaters like A-Rod, Clemens, Pettitte and others.
Nuschler (Cambridge)
The Times doesn't do articles on A-Rod?

I just researched the NYT and A-Rod and found TEN articles in the last month alone!

Here's just one:

http://www.nytimes.com/2016/03/24/sports/baseball/alex-rodriguez-says-he...®ion=stream&module=stream_unit&version=latest&contentPlacement=7&pgtype=collection

Search the archives before making such a blatantly WRONG remark.
Sal (Connecticut)
I think it's "more probable than not" that this inane story will somehow overshadow any other sports news, including the NBA and NHL playoffs.
Nuschler (Cambridge)
@Sal
Overshadow the NBA playoffs? Hardly.

Not with Steph Curry with the Dubs, San Antonio Spurs, and LeBron in the games.
cyclone (beautiful nyc)
Get over it. Play fairly.
Nuschler (Cambridge)
After being an avid NFL fan for over 60 years I simply stopped watching.

Sunday, Monday,Thursday games. Games tied together with expensive streaming services. Violence on the field with CTE and domestic violence shown on videos.

I will NEVER be able to unsee that woman being punched into unconsciousness in an elevator, then dragged like a bag of garbage out into a hallway. Then NFL fans "piling on"saying it was HER FAULT! It appalled me and I am in trauma medicine!

So I didn't watch any of it...and missed....nothing.

I would like to see the entire NFL and college football slave ownership stopped in this country. This compulsion for violence is a terrible but accurate reflection of the USA. Then combined with online gambling was well over the top. we are a morbidly obese population watching superbly fit athletes -MOSTLY African-American bash each other's brains in. "Yeah who cares if they end up brain damaged, suicidal and homicidal--they're just modern day gladiators who sure get paid well!!" Racism at its worst.

We turned boxing into a rare "sport." (AHH the sweet science!) Now time to stop American football.

Enough already!
Dave (Connecticut)
Patriots fans should boycott all NFL-related gambling until Goodell is fired.
GJ (Baltimore)
OMG!!! Is this still even a thing?
Damon (New York, NY)
Anyone who thinks Tom Brady is innocent should inform themselves by googling these words: "tom brady text transcript ".
nimitta (Western Massachusetts)
Anyone who thinks that the Pats balls were deflated by human hands should google 'ideal gas law'. If Jim McNally had deflated the balls below regulation while they were still warm – that's right, all 12 in a period of 90 seconds, allegedly, in a bathroom! – wouldn't their pressure have been far lower after a cold, wet half of football? This is why numerous scientific studies have shown that no human deflation ever took place. As for the Colts balls, only a few were measured, and they had had a chance to warm up while all of the NE balls were measured.
Notafan (New Jersey)
Good.
tclark41017 (northern Kentucky)
I would have preferred that the appellate court laughed out loud at Judge Berman's decision that Brady "could not be suspended for deflating footballs because he had not been aware that such misconduct could lead to the kind of punishment he had received." I would guess that most jails are filled with people who could say the same, if only they were millionaires who could afford lawyers to argue with straight faces such utter nonsense.

Brady's "crime," while it doesn't equate with misdemeanors and felonies that receive shorter suspensions, was an assault against the integrity of the game. And Major League Baseball has with Pete Rose, sport associations must defend the game.
Lynne (Usa)
So no court is paying attention to the fact there are serious brain injuries in football? We had congressional hearings over whether baseball players were doing steroids. this is ridiculous.
Let's take a strong look at all three branches of government making laws affecting all of us while lying, cheating and giving themselves a leg up. How much did this cost? Where are all the hearings about all the coke heads on Wall Street?
How about Payton Manning taking HGH?
How about a real trial on Hasbert who created a rule still in place?
How about not letting gun manufacters immune to lawsuits?
A deflated football -- in a court is just embarrassing.
Marge Keller (The Midwest)

"The saga, which is now into its second year, has raised fundamental questions about fairness on the field, how teams look for an edge and whether the commissioner, who views himself as a stern taskmaster, has overstepped his bounds." Overstepped his bounds? Ya think?

The way the courts keep bouncing back and forth with their rulings is not unlike a football - they are all over the place, changing their minds, their rulings, their interpretation. Some days this story feels like a tennis match - back and forth all day long.

Frankly, I'm pretty deflated myself with this story - enough already. Move on.
Joe From Boston (Massachusetts)
All of those talking about "cheating" should remember that a lab in Pennsylvania and an MIT professor BOTH came to the independent conclusion that the change in temperature between the locker rooms and the field ALONE is enough to explain the measured pressures using the IDEAL GAS LAW, PV=nRT.

Yeah, I am from Massachusetts, and YES, I am a Patriots fan. However, there appears to be NO PROOF that ANYBODY cheated. The measured data is explained by SCIENCE.

Put THAT in your pipe and smoke it, all you crybabies.

Go Patriots.
JSD (New York, NY)
Don't forget that the Patriots Organization has not disputed that the balls were in fact deflated by their employees. That is not at this point an open question.

The only question was whether Brady was on sufficient notice that the league could decide that allowing the deflation to happen and destroying his cell-phone could result in a suspension based on the Players Agreement. That is the narrow legal question was what was answered today, not whether Brady actually cheated. That question has been asked and answered and is now only being challenged by die-hard Patriots fans.
tclark41017 (northern Kentucky)
Which doesn't explain why the balls inflated in the other team's locker room DIDN'T deflate.
nimitta (Western Massachusetts)
Wrong! The Patriots organization has denied from the beginning that their employees deflated balls. The reason for this is simple: no balls were ever deflated by human hands. As numerous scientific studies have shown since, the NE balls deflated due to atmospheric conditions. So did the Colts balls, but only a few of them were measured, and they had already warmed up while the Pats balls were being measured. Anyone who doesn't understand this doesn't know the case.
NYer (NYC)
NOT an isolated case... Football "genius" that he may be, Belichick has a documented history of cheating! Stealing signals from another team, by misusing technology, to name just one. (Almost Nixonian in insanity--i.e compulsive cheating, when there's no need.)
Robert Guenveur (Brooklyn)
Was the ball deflated? If so, was Brady aware of it? What earthly difference does it make?
Emma Peel (<br/>)
It means he had an unfair advantage over his opponent. That's what matters, it's called sportsmanship. And your last comment sound like Hillary Clinton's before the senate committee re: Benghazi.
Ponderer (New England)
Ridiculous. For maybe knowing about an equipment violation. Sounds more like owners who can't beat the Pats on the field. How can anybody respect a Commissioner who doesn't really seem to care about beating women and tries to mislead people about concussion research.
Andrew Morenberg (Huntington)
JUSTICE! It's about time the penchant that Brady, Belichick and Kraft have for violating the spirit and in at least three cases the letter of many of the NFL's policies caught up with them. The New England Patriots are so disreputable and untrustworthy at this point, they should change their name to the East Coast Raiders. The shoe seems to fit pretty we'll, might as well run with it.

Scandal after scandal has tarnished the success these three gentlemen have had from the gray tones in which they operate to a shade of black darker than Darth Vader's helmet. Remember, in the long run, cheaters never win and winners never cheat. Just ask Roger Clemens, Lance Armstrong, Anna Sharapova, Floyd landis, Rafael Palmero, the New Orleans Saints. Shall I continue........

Tom, take a lesson from Andy Pettite. Face facts, own up to it, take responsibility. The more you protest your innocence the more hilarious you appear. Your righteous indignation makes you look like you should be quarterbacking the London Silly Nannies rather than an NFL franchise.

Don't embarrass yourself any further by trying to appeal the decision all the way to the Supreme Court. After all, they have far more important matters to attend to like ruling on whether a person is allowed to choose which bathroom they use.
KarlosTJ (Bostonia)
"The more you protest your innocence the more hilarious you appear."

The more you believe someone guilty when no facts have established that guilt, the more insane you appear. The Wells Report stated only that it was "more probable than not" which is a statement that only a defense attorney would deliver - if you wrote that into your Ph.D thesis you'd be expelled by rational professors (although only in scientific fields).
Michael teasdale (thousand Oaks)
I am a Patriots fan and am torn by this ruling. This event has many levels. One is what exactly happened. Were the balls tampered with? Recently, some studies have shown that the deflation could have happened due to temperature differences on the field. This has put in doubt the whole foundation for this controversy. The second is Brady's behavior: destroying his phone and its text messages. Brady's behavior seems incriminating. A third level is the commissioner's incompetent history of trying to police this sport and his sanctions against players.

There are multiple scenarios where Brady and the assistants could have done nothing wrong or illegal but were trying to get pressure levels at the very lowest allowable and then the tempurature did it work.

All that being said, Brady did not act with transparency and did not seem to fully cooperate with the investigation. The punishment seems a lot - 4 games suspension where Rice got 2 for hitting his wife. Yet highly paid and highly visible athletics have a responsibility to their sport and to their fans to be role model. Brady was not a role model for integrtity and cooperation with the investigation. He merits some punishment, but not for the alleged facts which are ambiguous, of the case, but for his behavior during the investigation.
FG (Boston)
Yes good points - but no one has ever made it clear to me exactly why Tom Brady is obligated to turn over his cell phone. This isn't national security, this isn't a murder investigation, drugs etc.... it is a deflated football for Pete's sake. Forcing one to turn over their cell phone is a major violation of one's privacy, and I can think of many reasons why one would resist this, not all of them sordid. What if their were confidential communications to lawyers, agents, commercial deal makers, doctor's, psychiatrists, relationship counselors etc.... And what about principle here - why would anyone not being investigated for a real crime feel they are obligated to sacrifice so much privacy for a sports ruling? Is this a requirement in the owners - players agreement? I say if there was not conclusive evidence from other sources the matter should have been dropped right then and there.
Mike (Dedham, MA)
To be clear, it's not just "some studies" that have shown that the deflation could be attributable to temperature changes. It's the Ideal Gas Law, a fundamental law of physics, and some pretty basic math. The Times even ran an article acknowledging this several months ago. (http://www.nytimes.com/2016/01/23/sports/football/nfl-ignores-ball-defla...
JeanneDark (New England)
Please don't try to compare Rice's personal abominable behavior to a professional transgression such as intent to play with overly deflated balls. One has nothing to do with the other and should not be held as a precedent.
ExPeterC (Bear Territory)
Hopefully Trunp is elected and appoints a strict constructionist on ball deflation.
KarlosTJ (Bostonia)
Actually, it's not needed - the NFL rules book states clearly that ball-tampering results in a $25K fine. Except this time it resulted in a $1M fine, loss of draft picks, and a 4-game suspension. But apparently it's okay for the NFL to ignore its own rules when Tom Brady and the NE Patriots are involved.
Joe Scapelli (Pa.)
ha ha. Love it. Let's see him wriggle out of this one. Cry & complain away Patriots fans
acm (Miami)
Better Brady for 12 games (than who is the Jet's QB) for 16 games.
Gary (MA)
That's all you've got, Joe?
Ideal gas law vindicates Brady entirely, and that's what you got?

This is a verdict straight out of Czarist Russia, and no real sports fan should like it.
David White (Boston)
Well, Pittsburgh is 3 in 10 in their last ten games against New England. Too bad they won't be able to hide behind the suspension--See you in October. Then we will see who is crying.
Mark Lebow (Milwaukee, WI)
If Aaron Rodgers were found to have footballs deflated so that they would be easier for him to throw, I would want him to be suspended, too. Rooting for the home team doesn't mean tweaking the rules to give them an advantage beyond the players' skill on the field.
kevin (Rhode Island)
Except nothing was ever proven against Brady. It was all speculation.
Adam (New York City)
Aaron Rodgers already stated that he likes to use over-inflated footballs. When do you want him to start his suspension?

Also, no one has proven that the Patriots' balls were under-inflated, or that using balls with a PSI under 12.5 gives a team an advantage.
Chris (DC)
Rodgers has only said he prefers the footballs to be overinflated, hoping they get by pre-game checks. So he's in the clear, apparently.
NI (Westchester, NY)
Good to know that Stars cannot get away with anything and everything always. Reminds me of O.J and Pistorius who got away with murder.
HollyG (Duxbury, MA)
I fail to see a useful analogy here, NI.
Susan Bachrach (D.C.)
How you can put these names in the same category is beyond logic. Spoken like a true Jets fan?
Taylor (New York)
Really? Don't you think that's a bit of a stretch?
Guitar Man (New York, NY)
I shake my head in amazement as I wonder why those with immense amounts of talent choose to cheat.

Here is a player who is extremely gifted, whose management provides a stellar supporting cast year in and year out, and who is a shoo-in for the Hall of Fame (prior to the Seattle S.B. victory). As a player, he's done it all. Love him or hate him, one absolutely must (correction: had to) respect him.

Until now.

Why cheat (rhetorical question, this time)? Why?
jbarbour (co)
for the money mr. guitar man, (rhetorical answer) for the huge piles of money.
acm (Miami)
The Appeals Court decision wasn't about whether Brady cheated.
Karen Mueller (Southboro, MA)
except maybe he didn't?
Delia Fine (Bethesda MD)
WHY are our tax dollars and the precious resources of the court system being wasted on sorting out the disagreements of professional sports?!?!?
sundevilpeg (<br/>)
Because the NFL is a multi-billion dollar business.
LHC (Silver Lode Country)
I understand your complaint, Delia, but as a labor and employment lawyer I can assure you that the decision is important. Although the NYT reporter discussed the event in terms of whether Brady should have been suspended, the real issue is the scope of the Commissioner's authority to suspend under a collective bargaining agreement. The issue comes under the National Labor Relations Act which has been in place since 1935. At bottom, therefore, is not whether one star athlete got a fair shake; it's the lawful distribution of power between the union and management.
walt amses (north calais vermont)
You want to punish Brady? Put him in a room with a life-sized photo of Von Miller.
Ben (NYC)
One word:GOOD
Andy Greenberg (NYC)
Appeal, Tom Terrific! Maybe enough time will pass for you to get in another SB season -- or take you to retirement. Appeal!
EEE (1104)
Were the balls, in fact, deflated ? The Science doesn't support it..... and there is lots of it.
Same logic Climate Change 'deniers' use to justify their biases !
In America, apparently, we cheer when our biases are upheld. Truth, Facts, and Science and Evidence be damned !! These comments, daily, are literally awash in unsupported vitriol.
Sad.... for those who love and respect the search for truth.
John D (San Diego)
Oh, goodness. Progressive icon Tom Brady has been mistreated by the Forces of Darkness.
Jack (Camano Island)
The only thing Brady is being suspended for is DECEPTION and LIES about his knowledge nd participation in the plot.
Ami (<br/>)
so are we suspending Eli and Rodgers for tampering with their footballs too?
Larry (Miami Beach)
In the long run, I suppose Brady comes out a winner.

After all, now there are four less occasions to expose him to the risk of chronic traumatic encephalopathy.
S B Lewis (Lewis Family Farm, Essex, New York)
Let's play let's pretend. It's fun.

Tom Brady admits he knew. Smile.

Tim Brady apologizes. Admits he lied, admits deflation. Big smile.

Children across America are led to the truth. Terrific.

Tom Brady speaks on integrity to standing ovations. Better yet.

The NFL confesses on head injury. Wow.

Younger players motivate change. Why not?

Win, win. Thank you, Tom Brady.

I feel better already.
A. Stanton (Dallas, TX)
According to my mimeographed copy of “Laws, Rules, Regulations and Common Practices Governing Under-Inflated Footballs in the Eastern United States,” 36 pages, author unknown, one of only three copies published by Putnam House in Philadelphia in 1914, under-inflated footballs utilized by tall, handsome quarterbacks married to supermodels are exempt from all the ordinary requirements regarding such footballs except one: they must be brown in color.

Assuming the footballs Brady utilized were brown, he cannot be sent down.

If the glove doesn’t fit, you must acquit.
BaltimoreReader (Baltimore, MD)
I can't believe tax dollars are being used to argue this kind of thing. It's a game. Entertainment. Who cares?
Srini (Texas)
For all you Patriot haters: this decision had NOTHING to do Brady's guilt or innocence. It has to do only with whether or not the NFL Commissioner has the right to impose the suspension. One court said no and the appeals court said yes (with one judge dissenting). Brady can still appeal it and I hope does. Whether he knew of ball deflation (or even if the balls were deflated intentionally) is another messy question, with very little evidence supporting Brady's guilt. So, let's all calm down!!
Jon (S)
There is plenty of evidence that he was aware of a scheme to mess with ball pressure. Read the original report. His scheming might have not been too successful, since it sounds likely that the ball pressures weren't dramatically affected, but yes, conspiring to subvert rules will generally get you suspended in any line of work.
mpound (USA)
"For all you Patriot haters: this decision had NOTHING to do Brady's guilt or innocence."

How is it I know that when the lower court overturned Brady's suspension, you considered that stone-solid proof that Brady was innocent?
Jeff Spurn (Colorado USA)
The NFL PR Machine is at it again Concussions? What? Domestic Violence? Never heard of it. Child Abuse? Huh? Sexual abuse in the clubhouse? You're kidding right? Steroids? Nah! Early deaths and more early retirements? Non issue. Billionaire owners holding cities hostage for new stadiums? Not relevant. But let's talk some MORE about partially deflated footballs in one (1) half of one (1) game over a year ago that had nothing to do with the outcome on the field. Pathetic.

The NFL is is STILL upset off that the Seahawks threw on second down...
David (BK)
I think the court's time could be much better spent
Tony R. (Columbia, MD)
There is a God! And he is not Tom Brady.
Brian (New York)
This farce should have never gone on this long. The collective bargaining agreement is poorly written but was ratified by the owners and the player's union and gave Roger Goodell the sweeping powers that he used in the case. Tome Brady cheated, was caught, destroyed evidence and proclaimed innocence all the while. Regardless of whether you believe his ridiculous claims of innocence, the Commissioner still had the power to do what he did and that power was given to him by the player's union.

Sit down and shut up, Tom. We're sick of this already. And next time just play by the rules.
MDCooks8 (West of the Hudson)
If the Patriots appeal the appeal then they should pay all the costs associated for the full appeals court .

If they take this further to SCOTUS , SCOTUS should reject it....
acm (Miami)
If the Pats win, should the NFL pay? What about you, will you pay court costs if you have a case someday?
Taylor (New York)
You do realize that the Patriots are not a party in this case, right?
Marie Gunnerson (Boston)
This is easy. If you dislike the Patriots they are guilty as sin of all wrong doings. If you like the Patriots than they've been railroaded by a vindictive league and public opinion while other teams get away with rules and lawbreaking that actually results in injured people.
Diane (DE)
Or like me I could give a dang less about the Pats, even when I grew up in New England. Was always a Redskins fan.
But cheaters destroy the game, go ask what people thought about Pete Rose, or the Blacksoxs scandal of the 1930s (?).
Cheaters need to be punished, especially cheaters who don't need to cheat, and make millions off of us as fans and spectators.
He knew about it, only a fool wouldn't have. Did he condone it? By destroying his phone and texts it would appear he did.
Do to him what was done to Pete Rise, immediate removal from the NFL, no way in the Hall of Fame, no way back as an announcer, done gone get out.
S B Lewis (Lewis Family Farm, Essex, New York)
Soccer anyone?

World's most popular.
lnielsen (...)
Finally, cooler heads prevail. Bravo. I don't think anyone of decent character enjoys seeing someone innocent being punished unfairly, but Brady was clearly riding a fine line of credibility when he nixed those cell phone calls which could have exonerated him. Patriot fans were the only ones defending his smug, indifferent behavior.
Jonscott Williams (Gilbert, AZ)
... and this is the kind of trivial, useless cat-fight-among-the-1%ers nonsense our publicly financed court system has to spend time on?!?! Seriously!?!?
Robert Winters (Cambridge, Massachusetts)
Take it all the way to the Supreme Court if necessary.
Then fire Goodell.
Alan Hamde; (Boston)
Neither of those two things are going to happen.
Bello (western Mass)
What a gift! All the fans of the other 31 NFL teams should rejoice. Not having TB12 on the field will go a long way to making up for their lack of football prowess. PSI of footballs is not the reason why the winningest team in football is the winningest team in football.
Buck (Nekkid)
Seahawks for the legit win!
George (Concord, NH)
All the Pats haters will have a field day with this. The appeals court did what Judge Berman would not do. That was to ignore the procedural faults with the process used by the NFL to issue a suspension. The appeals court's only job was to look at Judge Berman's findings based on the law not the facts. What did they do? They demonstrated their own bias by reversing his decision based on facts that were not even relied upon by the NFL to suspend Brady in the first place. Judicial activism at its worst. I hope he does appeal the decision. Enjoy it haters, we still have 4 trophies.
Renaldo (boston, ma)
Sounds like the commenters here are definitely not Patriots fans, which is a big part of the problem in fairly treating this case. The bigger questions in deciding on this case is: 1) How much of an unfair advantage does a slightly deflated football really make in winning or losing a game? 2) How much of this deflation was at least in part because of air temperatures? 3) Is the fact the court concluded there is "probable" (i.e., no conclusive) evidence of Brady being aware of this enough to warrant a four game suspension? 4) If so, then what do we do with all the other NFL cases (domestic abuse, drug violations, etc etc), in which the penalties were much milder but the infraction much greater?
Bill Helsabeck (Pompano Beach Fl)
As mentioned elsewhere, this case is not about whether or not Brady participated in "cheating". It is about the Commissioners' authority under the collective bargaining agreement.

The panel found, correctly in my view, he had the authority to do what he did. Arguments about severity, culpability, etc. are irrelevant.

Get over it.
Taylor (New York)
"Correctly in my view"? So you are a labor law expert who has personally reviewed the NFL's collective bargaining agreement?
Chris (NYC)
But there's also a statement in the lower court's opinion that the league rules don't allow a player to be suspended for an "equipment violation." If that's what the rules say, he didn't have the authority to do that.
Jbl (Boston)
The case in federal court was always about the powers of the commissioner over players and the interpretation of a collective bargaining agreement. The federal case was never really about whether Brady was guilty or not guilty, but rather whether the commissioner had the power to make that decision and whether the commissioner exercised his powers legally, within the framework created by the league and the collective agreement between owners and players. I wish the NYT's and the rest of the media were more careful in explaining this case. The courts are not involved in determining whether and how much Brady was involved in deflating the footballs or even whether the footballs were deflated and, if so, whether that was intentional.
TMcCluskey (PHX, AZ)
Does the really matter? - why all the fuss over a football team? Don't people have better things to do, like help the poor or read a good book. More concern about whether they cheat than if players who beat woman can be reinstated. Baffles me America's love of a violence and misogynistic sport.
Jeffery (Maui, Hawaii)
Anyone that thinks this has anything to do with "justice" needs to re-evaluate their priorities.
Didier (Charleston, WV)
As shocking as it may sound, Mr. Brady got the same result as would any steelworker, auto worker, or other blue collar worker who is a member of a labor union under similar circumstances challenging a labor arbitrator's decision. Actually, it is a testament to the American system of justice that a member of a collective bargaining unit couldn't ultimately prevail despite a barrage of novel and creative shotgun arguments by an expensive team of lawyers this particular blue collar worker could afford. So, Mr. Brady, if for some reason you ever find yourself standing in line at the DMV or Wal-Mart, look around. You'll see other folks who under the law are just like you.
Steve Projan (<br/>)
I'll bet the full appeals court will let the ruling of this panel stand becuase frankly prolonging this is nonsense. Otherwise Brady will play one more season and retire before serving his time.
Allan (Maine)
The judges do not understand science as related to the impact of making a pressure measurement on the amount of air released from the ball, the reduced pressure by making the measurement, or the effect of temperature on pressure. They probably don't care. This is a suspension is probably based on envy politics and not good science. Some people do not like winners. Dam Yankees, Dam Patriots, Dam UConn women's basketball. Get over it NFL.
Alison (Denver)
Walks like a duck, quacks like a duck, cheats like Tom Brady.
PogoWasRight (florida)
Hooray!!! Perhaps there is common sense and good judgement lurking somewhere in the deep, dark places of the NFL......and most other so-called "Professional Sports", as well. Although, I fear this is but a very small tip on a very, very large iceberg of sleaze. "Mr. America" Brady even makes Lance Armstrong look clean. And we know how ridiculous that is.......
judy (westport)
patriots play good football. that's why they win. it's not because they "cheat" any more than other teams "cheat.". even if the balls were deflated, it doesn't account for the colts' losing performance.
T Montoya (ABQ)
I root against Tom Brady every time he is on the field but I have become convinced he is getting railroaded on this one. The thinnest of evidence has been strung together and there is a lot of egos/envy/pride driving this into the overblown event that it has become. The real scandal is that this is still with us.
Jagneel (La Jolla, ca)
Why are the courts involved in a sport that has on the average 11 mins of action? 11 mins of action 3 hours of commercials. A dream come true for marketing and tv executives. A game as natural as plastics.
reader21 (NY, NY)
This league is so corrupt it's beyond belief. It's bad enough to see the drugs, the sexual politics and other violence that suffuses the lives of so many players (college and pro), but when the game's officers and officials are corrupt, as here, it's hard to stomach the entire game. This is a sad day for fair play, which seems lost entirely.
Chicago Guy (Chicago, Il)
I guess you can't buy and lie your way out of everything!

For those who aren't rich, and those who believe in the truth, a little justice can go a long way...
Bill (NJ)
What a Joke, under inflated footballs get 4-weeks suspension while career-ending tackles get applause! Players retiring with severe TBIs while NFL officials create alternate realities while earning eight figure salaries.

It's time to watch Soccer on NBCSports Channel.
MTF Tobin (Manhattanville)
.
.
I had no idea the Senate allowed the President to keep the Federal Courts staffed with judges. Wow.

This ruling is proper (even if the Commissioner was wrong). It's an area where the Commissioner must be given plenty of latitude.

Coincidentally, it also serves as a reminder that no one is above the law/rules.
JEG (New York, New York)
For Tom Brady, the time to settle this dispute has long past. For his obstinacy, Brady has garnered an opinion of the U.S. Court of Appeals for the Second Circuit, which considers at length his destruction of his cell phone, and eviscerates his arguments as to why his punishment for this action was unfair. As the court sums up, "any reasonable litigant would understand that the destruction of evidence, revealed just days before the start of arbitration proceedings, would be an important issue."

Brady's drive to win - arguably at all costs - led him to circumvent NFL rules. That same drive now has tarnished his reputation and comes with the imprimatur of a federal appeals court.
Jeffrey Bozler (Brooklyn, NY)
The ruling pertains only to the commissioner's contractual right to suspend Brady, not as to guilt. It has yet to be proved, scientifically or substantially, there was cheating involved in this instance.
JEG (New York, New York)
Jeffrey, the very point of my previous comment is that at one time Brady could have adopted your argument while accepting punishment from the Commissioner. In other words, keeping this within the confines of the league, while arguing his ultimate innocence in the court of public opinion. Now, barring the unlikely reversal by the Second Circuit en banc, Brady is forever saddled with a federal appeals court opinion which undercuts many of his arguments, particularly about his reasons for destroying his cell phone and any evidence it contained. Brady himself turned this from an issue of what can be scientifically proven about the pressure of the football used the AFC Championship game, and made it about his behavior of which there is no controversy. In doing so, he lost.
Phoenix (California)
When you've been treated like a golden king for your whole adult life, basked in the glow of never-ending adoration, you tend to believe that you can get away with anything. Brady believed that he could do whatever he wanted and would never be punished. Sadly, in his eagerness to by-pass rules, he forever ruined his credibility and has become a laughing stock when the word "honesty" is used in the same sentence with his name.
DS (Georgia)
I don't buy the idea that Brady was treated unfairly because he didn't realize how strong the punishment would be for violating the rules. I have a generally good opinion of Brady and the Patriots, but that excuse was ridiculous.

They should take the punishment like men and promise to follow the rules going forward.
A.L. Hern (Los Angeles, CA)
All sports league commissioners are creatures of the owners who appoint them and pay their salaries, but Roger Goodell is is, if you will, a league of his own when it comes to doing his owners' bidding at the expense of the players (witness the NFL's having to be dragged into the 21st century in its belated and grudging admission that concussions lead to Chronic Traumatic Encephelopathy).

As to "Deflategate," Goodell has yet to take the obvious step to insure that this particular form of chicanery doesn't occur again: put the inflation, maintenance and choice of the footballs in the hands of the referees the way baseballs have ALWAYS been in the care of umpires.

If Goodell were a batter in baseball he'd be so slow out of the batter's box that he'd never reach first base. However much the NFL's revenues have increased during his tenure, one can only wonder when the owners will decide that constant embarrassment by their handpicked Commissioner is too much embarrassment.
Alan (Holland pa)
Eagles fan, so no rooting interest one way or the other, but how can you be suspe nded for a "general knowledge" of a scheme to circumvent the rules, when the officials on the field are supposed to oversee the inflation of the balls. Isn't every qb "generally aware " of a scheme to hold defensive lineman? The nearest appropriate rule to me is the rule in hockey that sticks can only have so much curve. get caught cheating the rule, and its a 2 minute penalty, not an investigation for a conspiracy. in my opinion, if the refs are responsible for checking the inflation of the balls, it should be the refereeing crews responsibility to maintain control of them. This is an organizational failure by nfl referees, nothing else.
Diplay name (Long John silvers)
So the official should check the ball after every exchange? The balls are checked before the game, then marked. If it has been deflated, that's tampering
X (Baltimore)
I wasn't expecting an in depth recap of all of the controversy in this case, but I'd like to point out that the author hasn't even bothered to note that the "science" behind the case (from the scientists for hire that argued against the dangers of secondhand smoke) has been completely debunked by over a dozen independent scientists. So even if you don't have the patience to understand why the other "evidence" brought against Brady isn't valid (not because it is circumstantial, but because it is logically contradictory) the article could have at least acknowledged the overwhelming consensus that the footballs were never deflated in the first place.
EvA (Vancouver, Canada)
This is what I thought as well. The excellent New York Times article entitled Defalting Deflategate sealed the deal for me, from July 2015.

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

Of course science has no relevance here. This is a political battle worthy of a Game of Throne plotline.
DrJ (PA)
"I'd like to point out that the author hasn't even bothered to note that the "science" behind the case (from the scientists for hire that argued against the dangers of secondhand smoke) has been completely debunked by over a dozen independent scientists."

Right on X. The Times has even reviewed all the science in the past and they still ignored it! The balls were not deflated at all. At all. See:

http://www.nytimes.com/2016/01/23/sports/football/nfl-ignores-ball-defla...®ion=EndOfArticle&pgtype=article
nimitta (Western Massachusetts)
Exactly, X! All these commenters calling Tom Brady a cheater and basking in schadenfreude are just projecting their own biases upon a 'scandal' that never actually happened.

That aside, I don't think the Second Circuit's ruling is correct. A key element used by Commissioner Goodell to justify such a harsh, unprecedented penalty was the fact that Mr. Brady had his old cellphone destroyed, an act which was alleged to have hindered the investigation and been motivated by the QB's desire to destroy incriminating text messages. However, the Wells report clearly indicates that Brady was assured beforehand by NFL attorneys that this would be OK to do. The report also shows that the NFL was already in possession of all texts between Brady and the other key players, since their phones had been submitted. These facts alone should remove Brady's act from consideration.

One last point: it's obvious from the transcripts that the Patriots aides were not talking about deflating game balls, and the idea that Jim McNally deflated at least 11 balls during a 90-second bathroom break is preposterous. As X reminds us, careful scientific studies have demonstrated exactly why the Pats' balls changed pressure the way they did, and also why the Colts' balls didn't seem to lose as much pressure. If you don't know that, you don't know this case.
mh12987 (New Jersey)
This is the right answer. His contract gave the league the right to decide and they decided. Lots of contracts require you to surrender your right to go to court in favor of some other method of deciding disputes, and most of them are a whole lot more unfair than this. This one was actually negotiated -- most of the time arbitration, for example, is forced on you by virtue of your buying a ticket or purchasing something on line. He is a big, rich, spoiled baby for having brought this to court in the first place.
PE (Seattle, WA)
If found guilty, the real punishment for cheating should be banishment from the football Hall of Fame. Pete Rose gambled on games and was banned for life from the baseball Hall of Fame. Isn't cheating DURING a game on the same level as that?

Also, it's important that young football fans see alleged cheaters get fully investigated so justice is served. Some may argue that this whole procedure is a waste of money and time. I would argue that it serves as an opportunity for adults to teach children that no one is above the law, and that cheating never prospers. That is money well spent if it influences our culture and affects our moral fabric.
Srini (Texas)
Sorry, PE. The court did not rule on Mr. Brady's guilt or innocence. Even if he did, the punishment as coded in the collective bargaining agreement is much lower.
PE (Seattle, WA)
And it's not JUST Brady. The whole team knew. Deflated balls give advantage to RBs not fumbling and WRs catching. If a defense is intercepting a ball then noticing deflation, then complaining, no doubt the whole Patriots offense knew and kept quiet. To a degree Brady is being scapegoated as the ONLY cheater.
PE (Seattle, WA)
Srini, if they rule that Goodell acted within bounds then they are saying the league thinks he cheated. In the annals of history, that is all that matters. The courts do not decide the sports heroes. The league does, public opinion does. I would think Hall of Fame would be in question if he is suspended. And his reputation will be cemented as a cheater. That is why he is taking this to court. His reputation. Punishment by the league means guilt to the fans.
Lisa Fremont (East 63rd St.)
NBC Sports 9/7/15
"Via the New York Post, Judge Berman “mingled” with Patriots owner Robert Kraft at a weekend party at the Hamptons. Which is causing some to suggest that last week’s ruling was some sort of an inside job, engineered behind the scenes by Kraft.

“It was a chance encounter at a social event with hundreds of guests,” a Patriots representative told the Post. “There was a brief introduction and an exchange of pleasantries that lasted no more than a couple of minutes.”

Hmm...
HollyG (Duxbury, MA)
The source must be considered.
Lisa Fremont (East 63rd St.)
To someone from Duxbury MA, any source that reports negative Pats news will be suspect--especially if it's true.
NM (NY)
Tom Brady's sense of being beyond reproach deserves deflating.
S B Lewis (Lewis Family Farm, Essex, New York)
Much ado. Gladiator sport, either way.

We're regressing.
Richard Frauenglass (New York)
Good. Unfortunately the win, possibly a result of this blatant cheating, will stand.
Just as an aside, baseball is, to my knowledge, the only sport where a rules violation can be protested and, if upheld, the prior results are nullified and the game is resumed from that point with the infraction rectified.
Sherr29 (New Jersey)
You obviously didn't see the game. The Colts were inept and couldn't score -- that's why they lost -- not due to under, over or perfectly inflated footballs.
John (Brooklyn)
A year long investigation, and not a single true incident of tampering. In one year, anyone's life can be made to have what seem like sure discrepancies.

This entire episode has moved into farce a long time ago, the kind of bickering squabble between siblings parents put an end to over dinnertime.
KarlosTJ (Bostonia)
Wouldn't it be great if the NFL released the statistics they tracked of ball-pressure during the 2015 season? I mean, they could easily deflate any argument claiming the Pats didn't deflate the balls, because it would be obvious that the pressure in footballs used in cold rainy games remained within 5-10% of the initial pre-game pressures, and that only if someone deflated the balls before the game started could they possibly end up deflated like they were in the Colts-Pats AFC Champs game...
flak catcher (Where? Not high enough!)
Bravo!
Eric (Michigan)
I'm glad.

It's inconceivable he didn't know about the inflation pressure, just based on his ability to feel the ball during his reps. Someone who does this for a living and probably takes 100's of snaps a day must know how a fully inflated ball feels compared to one that's over- or under-inflated.

But enough about that. Let's ask a bigger question. In baseball, teams are not required to bring their own baseballs. In hockey, teams do not supply their individual pucks. Why on God's green earth would the NFL require teams to supply their own footballs to be used when they are on offense? That just makes no sense. C'mon, NFL - start using your head for something other than obfuscating brain injury research!
Matty (Boston, MA)
Good point. The NFL should supply ALL balls for ALL games. Then then can charge fans a "Ball Supply & Guaranteed Pre-Game & Half Time PSI Inspection Fee" on all tickets. $12.95 per ticket to INSURE proper ball inflation.
MPH (NY)
You sound like you think it should be fair and it matters. The game is not fair, and it doesn't matter. This case is just another part of the tawdry show.
JRT (Newport)
If the pressure in the footballs is a key rule of the game, important enough to suspend a player and remove draft picks, then the NFL should not delegate inflation of the balls to the competitors. The current policy is an example of really bad (read stupid) rule management.
niucame (san diego)
Brady is a guy who brags that he can tell if the ball has event he slightest lack of inflation. He should be nailed for perjury too.
Thomas (Maine)
Tom is innocent!
Tom is guilty!

Who cares! Isn't anyone else infuriated that their tax dollars are being spent frivolously on all this NFL nonsense! One would think our courts don't have more worthwhile issues to tend to.
Chaz1954 (Houston, TX)
Where else but in America?????
Tom Brady cheats, or may have known that an attempt was to be made to cheat, he gets accused and gets suspended and has his name dragged through the mud.
Hillary Clinton breaks the law, sends 30k emails to never never land, has her illegal system hacked and is running for POTUS as main stream media does very little to cover her transgressions.
Want to bet that Brady new will be on ABC/CBS and NBC tonight???
Makes me sick.
Jason (NYC)
Just Strange. It seems that only Goodell and the court disagree with the conclusion that everyone else has reached: That in the game against Indianapolis the deflation was caused entirely by environmental conditions. It would be nice if they stopped all the legal arguments, and created a forum in which the underlying facts (i.e. were the balls deflated) could be front and center.
Patrick (Ashland, Oregon)
That is NOT what the appellate court ruled on!
AussieAmerican (Malvern, PA)
The suspension should never have been overturned to begin with. Tom Brady, as a member of the NFLPA, agreed to the CBA negotiated on his behalf. This whole business falls under contract law, not criminal law, which seemed to be the basis for the decision to overturn the suspension.

In Brady's case, the CBA that he agreed to allowed Goodell very broad authority when it came to suspensions, even the authority to hear an appeal of his own decisions. While I admit that may seem unfair, well, there are many parts of contracts that are not strictly fair to one party or another.

If you can't live with the provisions in the contract, then don't sign it.
KarlosTJ (Bostonia)
If you have no knowledge of science, or the scientific method, then this will appear to be "justice".

If you have no knowledge of previous punishment meted out by the NFL for similar infractions - Chargers (2012) got a $20K fine, Panthers and Vikings (2014) were caught but not even punished - then this will appear to be "justice".

If you believe that a defense attorney with no scientific background is the proper leader of a team to find "truth", then this will appear to be "justice".

Then again, if you're rational - and if you live far away from the haters - you know this is perverse and obscene. You also know it's political, that Goodell and the NFL administration were stymied from their ineptitude at punishing Ray Rice and Adrian Peterson, and had to childishly punch back at someone, somewhere, somehow.
Jon (S)
Sure, it's a perverse and obscene punishment. It's way over the top. But yes, he did cheat. Whether or not the pressure ended up being radically altered, he was aware of a scheme to mess with game balls and subvert the rules. It's pretty simple, if you don't want to have a harsh punishment doled out when you cheat... don't cheat.
thomas (NJ)
You don't need to be a scientist to see cheating, but the Patriots for sure made a science out of cheating.
Garrett Clay (San Carlos, CA)
Perverse and obscene? It's football, those are the first two adjectives that come to mind. I hope I live long enough to see this sport in full raging decline, it's something to stay alive just to see.

And I grew up in a neighborhood that was walking distance from the Hall of Fame. And now I drive past Tom Brady's high school once a month or so, I'll grin a little more when I do.
Buck (Nekkid)
Colts and Seahawks fans were robbed by this chump and his merry band.
We know who the real champions were that year: the teams that did not need to cheat in order to win.
R Appleton (Massachusetts)
Did you actually watch the Colts vs. Patroits playoff game? If so, gathering up what remaining common sense you may have, do you think the psi of the footballs had even the slightest effect on the game's outcome?
Sherr29 (New Jersey)
Colts sucked against the Pats and even after the "league" made sure the balls were inflated properly at halftime -- the Colts still couldn't score and the Pats scored 24 more points. Last time I looked, Brady didn't make Wilson throw that interception at the goal line.
Julie W. (New Jersey)
Common sense in my opinion. It's virtually impossible to believe that low-level employees would have taken it upon themselves to tamper with the footballs without Brady's knowledge. The punishment was quite reasonable given that cheating was involved. Glad the Appeals Court reversed this decision.
NYrByChoice (New York, NY)
Sadly, your assumptions that cheating occurred are not based on facts. The intentional press leaks by the NFL, the inept Wells Report, and the basic conclusion by science that the changes in PSI were within the expectations of environmental conditions, and evidence tampering by t he NFL, clearly shows this was a kangaroo court. All NFL players should beware, this could happen to you.
Garrett S. (Kansas)
Oh really, if this is "justice" for the Patriots alleged misconduct, where is the "justice" for the Colts? If you had done any research before commenting, you would know that when the refs tested the Patriots balls, only 1 was under inflated... When they tested the Colts' balls, 4/5 were under inflated, and the refs just stopped testing the Colts' balls... (Coincidence? I think not)There has been so much mis information in this so called "investigation", that not very many people know just EXACTLY what happened. When Chris Mortenson, an ESPN reporter, tweeted out that 11/12 of the Patriots balls were deflated 2 psi below the 12.5 minimum, I shook my head in shock, I did a presentation on the science of air pressure in the balls. When it's cold, air leaks from balls, when it's warm, they expand, when the AFC championship was played... It was severely cold outside. Before the Colts submitted the ball to the refs, they broke a written league rule where it says that a team cannot test the air pressure of any ball during a game. If this is punishment for Tom Brady, where is the punishment for Andrew Luck?
liz (new england)
You see Julie, right there, you are wrong off the bat. You are assuming that the footballs were ever tampered with. There was no actual proof that they were, and there actually was plenty of completely reliable and credible evidence that they weren't. The only reason most NFL fans believe they were tampered with, is that they want to believe that the Patriots cheated. And as a matter of fact, the NFL could have easily proven over the past football season, that the balls were tampered with, by testing the air pressure before, during and after every game and then publishing the results. Why do you suppose they did not?
HaoyuKevinWang (Washington, DC)
I want to see the Supreme Court rules on NFL v. Brady one day
Mark Aaron (Sewell, NJ)
Just when you thought there was no air left in this scandal... it re-inflates.
Jason (NY)
So Goodell can suspend players any time he wants for basically no reason, despite clear scientific and common-sense evidence to the contrary? That's an interesting judicial perspective...
Tom Parkins (Bellevue, WA)
Except there is evidence that he knowingly cheated. Only PATS fans ignore that somewhat apparently inconvenient fact. The fact that the Patriots have been caught cheating before didn't help their case either. Winning shouldn't trump fair play.
Patrick (Ashland, Oregon)
The players' union agreed to it. Judicial perspective had nothing to do with it.
Dante (Ashland, OR)
These are interesting times we are living in. We have some terrific labels come out of the Trump campaign ie Lying Ted Cruz and Crooked Hillary Clinton. Can we now add Cheating Tom Brady in the mix as we go forward?
Cheating Tom Brady takes the snap; he drops back to pass and he's SACKED!
UU (Chicago)
I sympathize with Trump's claim that the system is rigged.
Gooddell was clearly hugely biased against Brady. And the science has shown unequivocally that Brady is not guilty.
Another sad day for sports.
TDurk (Rochester NY)
Talk about a complete waste of the judicial system's time and resources. Can't wait for Congress to weigh in on this.
Corban (Washington DC)
Just because there are bigger injustices in the world doesn't mean we can't be happy when small injustices that are close to home are redressed.

Thus be it ever to cheaters =)
MrT (NJ)
I'm assuming the first judge was from Boston...
horatio (fishkill)
Although the suspension is believed to be unfair by Patriot fans, upholding the suspension is supported by most football fans and is legally sound.
[email protected] i (New York)
The judges are clearly long-suffering NY Jets fans who are "generally aware" their team has no chance of ever beating the Patriots with Brady playing.
thomas (NJ)
apparently it's not only the NFL players that suffering from brain damage..
BobR (Wyomissing)
Good. Now get his salary for that game, bonuses, endorsements, and all the owner's money back.

They are cheats and scoundrels.
Ron Horn (Palo Alto, Ca)
Will the New York Times make an effort to reconcile the calculations made by different academic groups as to whether the Ideal Gas law was properly applied to the NFL's assessment of the actual pressure in the game balls? I believe that in the interest of objectivity, this issue should be discussed and finally decided: I have read conflicting calculations. If the balls were actually at the lower limit of allowed pressure prior to the game time, then the NFL's arguments are based on false assumptions. Please make an effort to put this scientific issue to bed.
Mark H (Boston)
It's a long season and Brady is old- there will be less wear and tear and additional motivation.
S B Lewis (Lewis Family Farm, Essex, New York)
Meanwhile, children are going hungry, Trump vs Clinton is a lock, Ben Carson says Charles Darwin was wrong, lead is destroying the collective intelligence of man, and the NFL is indifferent to head injury.

Tom Brady is famous.

Jim Thorpe is my hero.
DCBinNYC (NYC)
In addition to concussions, NFL players now have to contend with whiplash.
Emma Peel (<br/>)
Man up Brady do your pennance.
J Farrell (Austin)
I no longer root for Brady (guess why) but the whole deflate deal is silly. The whole story should be deflated.
Former Patriot Fan
Erin A. (Tampa Bay Area)
Apparently the years of rumors, whispers of unethical behavior, toeing or outright crossing lines, and giving off a general air of being self-important jerks has caught up to the Patriots and their star.
mark (boston)
While those outside of New England are rejoicing. the rest of us, especially here in Boston, if we are honest with ourselves, know that Tom did in fact know what he was doing all along and is guilty. We should be disappointed in his behavior, accept the consequences, and move on.
Cantor43 (Brooklyn)
Wait - this kind of thing actually takes up valuable time in our court system?
JSD (New York, NY)
Cheaters. Never. Win.
BK (NH)
Poor. Performers. Will. Continue. To. Call. Winners. Cheaters.

Is this how you're teaching your kids to act in school sports?
IE, if you can't perform better than your opponents, then
start calling them cheaters so you can feel better about your
own failure? I guess it is easier than actually having to -do-
something to fix your own problems.

There is a limit to what counts as good, fun Trash Talk, beyond
which you start showing yourself to be a bad sport.
Stephen Leahy (Shantou, China)
South Park had the best commentary about this. Too bad it is unprintable.
MauiYankee (Maui)
Wow. Do you mean the equipment guys did not act their own?
You mean it was not routine to destroy telephones and evidence?
You mean I am so full jealousy that common sense is not applicable?
You mean that the pattern of the Patriots organization of pushing the boundaries of the rules is not clear?
Bandito Brady was challenging the procedural aspect of the NFL findings, never the findings themselves.
Brady just didn't know he would be punished so he should not have been punished?
Bring in Money Manziel!!!
D.K. Evans (Elmont NY)
I do so love Karma...as he is the one thing in this universe in which can be depended in absolution...."

Sincerely Yours;

Raider Nation Forevermore!!"
fallen (Texas)
Its a shame he appealed. He just prolongs the process and costs time and money for all concerned. To posit that he was unaware is ridiculous
Corban (Washington DC)
Just because there are bigger injustices in the world doesn't mean we can't be happy when small injustices that are close to home are redressed.

Thus be it ever to cheaters =)
MPH (NY)
Any semblance of fairness in pro-sports is an illusion, and also irrelevant. Individual players and teams are constantly looking for an edge through new training techniques, special diets, drugs, equipment or anything else they think they can get away with and since it is all a tawdry show with irrelevant (other than who gets a bigger share of the obscene money) results why do we even care?
Pro-wrestling used to feign reality until they were forced to admit they were entertainment after which they became even more popular. We don't really care whether it's fair. Like NFL football its just a show.
llj (NV)
Tom Brady has handled a football consistently for years, handling it, griping it and learning when it feels ready to throw. So, I am having difficulty in understanding why he states he did not realize the ball in this incident was under inflated.
kathyinct (fairfield CT)
So we are taking up the time of the U.S.court system, and highly educated and experienced judges, on some dumb football player who probably cheated and is whining about his punishment?
Will this go to S.Ct and push aside issues of life and death?
When did quarterbacks become gods? I must have missed the memo.
This is simply ludicrous. Why don't they let the big baby play and sentence him to 1,000 hours of community service in homeless shelters,soup kitchens and cleaning up bedpans in veteran's hospitals.
Let him see what it's like to be a human,not a god.
Sally L. (NorthEast)
Amen, sista!
David Hawkins (Ann Arbor)
The NFL, not Brady, took this case to District Court. The NFL, not Brady, appealed the District Court decision to the Appeals Court.

Besides, even multi-millionaire quarterbacks with super model wives deserve fair treatment from their employers.
liz (new england)
Nowhere in your view do I hear any responsibility for how much of a mountain out of a molehill has been made of this issue, do you put any responsibility onto the NFL. This never should have garnered more than 2 weeks attention and a fine. Millions of dollars spent on an investigation by a group of sports personnel who didn't have a clue that climate effects the PSI nor had they ever tested the PSI during and after games to have any experience with it either.

And then there is the fact that there is a wider issue here - contract law and having to abide by the contract and not violate it. Which should concern every employee who works for a company with a contract.

So I think you are mixing up a couple of ideas here. Are sports figures making millions of dollars out of touch with real life? Yes, in some ways and I believe paying millions of dollars to anyone to play a game is ridiculous to begin with. But that isn't about this. Sorry you don't see that.
DWBH (Brooklyn, NY)
The fact that the chief judge dissented means it's a real possibility that the full appellate court will now hear the case, which would take about a year to hear and resolve, and/or that the Supreme Court may be interested. This is less than swift justice for anyone.
mayo615 (British Columbia)
Brady needs to give it up. Period
BK (NH)
Since he is innocent, no.
He needs to fight this to the Supreme Court.
Doing anythng else allows this abuse of power to
continue.
Drew (Boston, MA)
I believe that the trial court left several issues open so there still may be proceedings at the trial court level that Mr. Brady may pursue.
Bob (Portland, Maine)
How much legal time has been wasted on this nonsense? I'm sure the 2d Circuit has more important cases on its docket. Hopefully this is the end.
Fred K (New York)
Justice prevails eventually.......sometimes
Milliband (Medford Ma)
This is ludicrous. The existing NFL penalty for changing pressure of footballs is actually a $20,000 fine. Goodell's investigation was debunked many times. It's just one overpaid bureaucrat putting his ego before the good of the game.
Tom Parkins (Bellevue, WA)
Great decision to show children that cheaters in cheating organizations won't be tolerated even when huge $$$$ are at stake.

Kudos to the NFL for putting Ethics ABOVE Money and cheating. The Patriots should also have their wins while cheating taken away (including the super bowl). That would really send the right message to kids.
L. Clements (NY, NY)
Oh yes. That all important message to the kids. And while you are at it, don't forget to tell the kids that all those late starting games are for them to stay up late on a school night. And then tell the kids all about Roger's salary of 40 mil. Yes. Let us think about football and the kids.
Srini (Texas)
If you are relying on NFL to teach your kids anything, it's you that has issues, not Brady. I assume you also use politicians to teach morality to your children as well?!
Garrett Clay (San Carlos, CA)
" Kudos to the NFL for putting ethics above money"? Could I interest you in a bridge I've got for sale? It's a beauty, low miles, well maintained...
mark (boston)
While those outside of New England are rejoicing. the rest of us, especially here in Boston, if we are honest with ourselves, know that Tom did in fact know what he was doing all along and is guilty. We should be disappointed in his behavior, accept the consequences, and move on.
John (Brooklyn)
There is zero evidence, even after the full bore media scrutiny of the American sports, that he knew this. In fact there is evidence he said differently, and also there is scientific evidence to explain what happened.
Matt Ng (NY, NY)
Really? Where's the evidence?

None? Okay, he "must" have known then.
CW (Virginia)
Apologies if this offends, but I think Brady is a disgrace to his profession and should be punted out of the NFL....but that will never happen... money is so much more important than values or ethics in todays US culture
Bob (Portland, Maine)
How much legal time has been wasted on this nonsense? I'm sure the 2d Circuit has more important cases on its docket. Hopefully this is the end.
UU (Chicago)
I sympathize with Trump's claim that the system is rigged.
Gooddell was clearly hugely biased against Brady. And the science has shown unequivocally that Brady is not guilty.
Another sad day for sports.
Tom Parkins (Bellevue, WA)
Great decision to show children that cheaters in cheating organizations won't be tolerated even when huge $$$$ are at stake.

Kudos to the NFL for putting Ethics ABOVE Money and cheating. The Patriots should also have their wins while cheating taken away (including the super bowl). That would really send the right message to kids.
HaoyuKevinWang (Washington, DC)
I want to see the Supreme Court rules on NFL v. Brady one day
mayo615 (British Columbia)
Brady needs to give it up. Period
Drew (Boston, MA)
I believe that the trial court left several issues open so there still may be proceedings at the trial court level that Mr. Brady may pursue.
Jason (NY)
So Goodell can suspend players any time he wants for basically no reason, despite clear scientific and common-sense evidence to the contrary? That's an interesting judicial perspective...
Fred K (New York)
Justice prevails eventually.......sometimes
TDurk (Rochester NY)
Talk about a complete waste of the judicial system's time and resources. Can't wait for Congress to weigh in on this.
Lostin24 (Michigan)
Appeal pending
Lisa Fremont (East 63rd St.)
Judge Berman may be a football fan, but this reversal speaks volumes for him as a judge.
Ellie (Boston)
I know, right? He can be proud of knowing that without any evidence a person should not be found guilty or slandered.
KS (USA)
I'm sure he will appeal once again, continuing to waste our tax payer dollars. Take your punishment like a man, cheater.
Mike (North Carolina)
In fact it was the NFL who initially brought the case to court, not Brady. Once the lower court ruled in favor of Brady the NFL appealed. Brady has yet to waste any taxpayer money.
blueingreen66 (Minneapolis)
It was the NFL that appealed the first ruling, not Brady. So, who's wasting whose dollars?
Joe Schmo (LA)
Justice!
RP Smith (Marshfield, MA)
If you can't beat him, suspend him.
thomas (NJ)
The only thing you beat when you cheat is yourself.
quadgator (watertown, ny)
Tell that to Eli Manning...
Dectra (Washington, DC)
And if the Pats can't win....CHEAT.
Rhonda (Minneapolis)
Tom Brady is a cheater. He should be held accountable.
danleywolfe (Ohio)
I believe Brady is a cheater. I also believe that the case and evidence did not justify overturn of the appeal. For a judge to say that he defers to the NFL barons to make judgments is a crock. If it were union bosses that were accused would the judges defer to the union... it is absolutely no different. Professional sports in particular the NFL has made arbitrary and capricious decisions in the past that are unlawful and unconstitutional. The science in this case supporting the judgment that Brady was cheating was weak, and worse lacking of scientific worthiness. Anyone that finds this offensive does not understand the way science works. Stephen McIntyre explains this very clearly here http://business.financialpost.com/fp-comment/deflating-deflategate-confu...
Vince (Toronto, ON)
"The science in this case supporting the judgment that Brady was cheating was weak, and worse lacking of scientific worthiness."

In this case, the only one who can legally judge the scientific validity of the arguments is Roger Goodell. The NFL Commissioner has absolute authority in these matters as per the collective bargaining agreement.

“We hold that the commissioner properly exercised this broad discretion under the collective bargaining agreement and that his procedural rulings were properly grounded in that agreement and did not deprive Brady of fundamental fairness.”

The Player's Union negotiated the terms under which these types of punishments are adjudicated - they are the ones who agreed that the Commissioner would have absolute authority in these matters. Brady & the NFLPA have no one to blame but themselves.
MoneyRules (NJ)
The NFL is a creator of mental disability. They should be held accountable.
Mark Aaron (Sewell, NJ)
Just when you thought there was no air left in this scandal... it re-inflates.
George S (New York, NY)
What a waste, to have our taxpayer supported federal courts being asked to intervene in a silly game with millionaire owners and players.
Joe Sabin (Florida)
You don't think cases from billion dollar businesses aren't heard every week in the courts? Apple vs Samsung suing over curved corners on the phone, is but one example.
George S (New York, NY)
Yes, Joe business cases are heard all the time, but they are multinational corporations with patent issues that are rightly the province of the courts. Internal discipline for a ball player - it's just a game even though the owners and player make a lot of money - should be handled in some other way than clogging the federal courts with such tripe.
Joe Sabin (Florida)
Just a game? Tell that to Nike, the cities the teams play in, the other sponsors. You are being naïve.
Dante (Ashland, OR)
These are interesting times we are living in. We have some terrific labels come out of the Trump campaign ie Lying Ted Cruz and Crooked Hillary Clinton. Can we now add Cheating Tom Brady in the mix as we go forward?
Cheating Tom Brady takes the snap; he drops back to pass and he's SACKED!
MB (NY)
Welcome Karma, we've been expecting you.
Garrett Clay (San Carlos, CA)
Speak for yourself, this is an oligolopy we dwell in.
Wayne (Old Bridge, NJ)
NFL continues to have their head in the sand. A soft football is a more egregious problem than players beating on women, or carrying guns. This whole thing shows a serious lack proportion and common sense. Disgraceful NFL.
Deke (NYC)
Cheating in your chosen line of profession does seem more egregious.
Milliband (Medford Ma)
This is ludicrous. The existing NFL penalty for changing pressure of footballs is actually a $20,000 fine. Goodell's investigation was debunked many times. It's just one overpaid bureaucrat putting his ego before the good of the game.
Anetliner Netliner (Washington, DC area)
As a native Bostonian, I couldn't be more pleased. There is justice.

To my mind, the Patriots have played fast and loose with the rules for far too long, and deserve to be reined in. Integrity is an important aspect of sports.
jbarbour (co)
and if i may be so bold, the logic that Berman laid out for why Brady should not be penalized because he did not know that misconduct could lead to the kind of punishment he received is shallow. a rule of law should hold true in every case. under this logic, all one would have to do to avoid sportsmanship accountability is to not read the rule book. "sorry officer, i didn't know it was illegal" doesn't get me out of a parking ticket...
Socrates (Downtown Verona, NJ)
Looking forward to see this important sports drivel rights case make its millionaire way to the United States Supreme Court, where it will remain undecided as the deadlocked 4-4 Supreme Court remains a hostage to Republican 'free-dumb'.

America is not just #1 in gun deaths, healthcare costs, legalized political bribery and cultured stupidity, but it's also #1 in football stupidity, just for good measure.

More proof that football causes serious American brain damage and a lack of orientation from meaningful reality.
Socrates (Downtown Verona, NJ)
Looking forward to see this important sports drivel rights case make its millionaire way to the United States Supreme Court, where it will remain undecided as the deadlocked 4-4 Supreme Court remains a hostage to Republican 'free-dumb'.

America is not just #1 in gun deaths, healthcare costs, legalized political bribery and cultured stupidity, but it's also #1 in football stupidity, just for good measure.

More proof that football causes serious American brain damage and a lack of orientation from meaningful reality.
Philihp (USA)
My, my, aren't we full of ourselves today?
Don (Shasta Lake , Calif .)
Written with great wit and wisdom . Thank you .
danstrayer (bonners ferry, ID)
Actually , Phillip, this is one of the few intelligent comments on here. Into the second year of hearing about this insipid, irrelevant nonsense? The obsession and perceived "importance" of this or any game is indeed an indictment of American culture and values. It has nothing to do with anything but ego and money.
Joe Sabin (Florida)
This is justice. No way he did not know those balls were improperly inflated giving him and his team an advantage. Way too often he and his team have been caught cheating in a serious manner. I for one am glad this has been overturned.
Robert (Mass)
You are wrong and speak purely from speculation and your hatred of the World's Greatest Football team.

There is no evidence whatsoever that Brady knew the balls were deflated. And FYI every NFL team adjusts the pressure of their footballs. Cold temperatures compress air molecules causing the balls to lose pressure.

New England's and the Worlds Greatest Football Team the New England Patriots won every game they have ever played fair and square; the rest is just the envy and jealousy of the peanut gallery
Joe Sabin (Florida)
This is justice. No way he did not know those balls were improperly inflated giving him and his team an advantage. Way too often he and his team have been caught cheating in a serious manner. I for one am glad this has been overturned.
Nick R (Washington, DC)
Joe, if you honestly believe that inflating footballs gives your team an advantage, then there is no reason to even argue. Regardless of that argument, the bottom line is that IF we agree that Brady did something wrong, then his punishment didn't fit the crime. How can you argue that a 4-game suspension is reasonable when there was no precedence? I'd say a fine or a 1-2 game suspension at most. This is simply Roger Goodell grandstanding and puffing his chest out.
Marie Gunnerson (Boston)
A) Reasonable doubt of "improperly inflated" comes - as has been demonstrated using, you know, actual facts not conjecture, assumptions, or conclusions, by the ideal gas law. But a high school student no less. All that is known is what the PSI measurement was during the game. There is no evidence of a act of deflation.
B) What advantage? Where is the experimental evidence (seemed like perfect "Mythbusters" experiment) that under-inflated footballs confer an advantage? Other than conjecture, assumptions, or conclusions, that is - which seem to be contradicted by the actual results of the game in question when Patriots scored many more points after the "properly inflated" balls were given to the teams.
Joe Sabin (Florida)
Nick R, the balls were deflated, making them easier to grip, catch, and throw. How is that not an advantage?

A full-year suspension would be appropriate considering the past cheating by the team. That's opinion obviously, but nonetheless, they've cheated and been caught before, so that's why four games isn't outsized, again, in my opinion.