4:12 p.m.: The NFL’s appeal hearing is over, and while Tom Brady wasn’t even in attendance, it appears it wasn’t a good day in court for the New England Patriots. Reporters on the scene in New York say two of the three judges seemed to favor the league.
There likely won’t be a resolution to the hearing for months. A ruling could even come during the 2016 NFL season. Until then, Brady, the NFL, the NFL Players Association and fans will just have to wait.
3:21 p.m.:
Judge Barrington Parker on Brady destroying his phone: "Anybody within 100 yards of this proceeding knew that would raise the stakes."
— Mark Daniels (@ByMarkDaniels) March 3, 2016
However, Parker peppered Clement. "Is it cosmetic? Is it substantive? Is there any real advantage?"
— Michael Hurley (@michaelFhurley) March 3, 2016
I found it remarkable that the NFL's lawyer was repeating what is a known lie on the record for the commissioner.The point wasn't challenged
— Michael Hurley (@michaelFhurley) March 3, 2016
Judges asked Kessler if he thought Goodell was out to get Brady. Kessler said Goodell was out to protect his investment in Wells report
— Mark Daniels (@ByMarkDaniels) March 3, 2016
HOWEVER, Clement also reiterated many times that Brady lied about his conversations with Jastremski. Yet that's not true. It's in transcript
— Michael Hurley (@michaelFhurley) March 3, 2016
Clement hung on this: Both Goodell and Wells did not believe Brady to be a credible witness.
— Michael Hurley (@michaelFhurley) March 3, 2016
The judges did question Clement about Goodell considering new information at the hearing, as opposed to considering only facts from Wells.
— Michael Hurley (@michaelFhurley) March 3, 2016
At one point Kessler became exasperated with the judges. “I sense that you all are influenced by your version of the facts.”
— Ben Volin (@BenVolin) March 3, 2016
After battering from Berman and first round of questions to NFL, it was interesting to see Kessler getting knocked around. Too close to call
— Tom E. Curran (@tomecurran) March 3, 2016
Just like with Judge Berman, things we didn't expect to be discussed were discussed in detail.
— Michael Hurley (@michaelFhurley) March 3, 2016
Kessler, who's been absolutely brilliant throughout this process, for the first time was not impressive, in my opinion.
— Michael Hurley (@michaelFhurley) March 3, 2016
The judges peppered both Kessler and Clement with questions, but they questioned Kessler more harshly. Put him on his heels.
— Michael Hurley (@michaelFhurley) March 3, 2016
Understanding that the judges' questions don't indicate how they'll rule, it felt like not a great day for Tom Brady's side.
— Michael Hurley (@michaelFhurley) March 3, 2016
Just got out of court. #Patriots better not trade Garoppolo because Kessler got HAMMERED by the judges
— Ben Volin (@BenVolin) March 3, 2016
That did not go as expected. Judges hammered Kessler over Brady's cell phone. Very fiery afternoon in court
— Mark Daniels (@ByMarkDaniels) March 3, 2016
Initial impressions: this isn't Judge Berman. All three judges seemed skeptical of Brady's behavior. Much of hearing focused on cell phone.
— Kevin Duffy (@KevinRDuffy) March 3, 2016
https://twitter.com/MaxLaw360/status/705486313059913728
Proceedings are over and, for first time, Kessler and PA got cuffed around. Destruction of cell phone to Judge Parker …
— Tom E. Curran (@tomecurran) March 3, 2016
Was damning. And "Mr. Brady's explanation made no sense whatsoever." Kessler talked for about 35 mins. Chin and Parker dubious to PA cause
— Tom E. Curran (@tomecurran) March 3, 2016
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2 p.m.: Reporters are not allowed to report live from the courtroom, so we might need to wait for someone on the scene to step out before we receive updates.
1 p.m. ET: Deflategate drama wasn’t missed, but it’s back in the headlines anyway Thursday.
The NFL’s appeal of U.S. District Court Judge Richard Berman’s decision to vacate Tom Brady’s four-game suspension begins Thursday at 2 p.m. Second Circuit Court of Appeals Chief Judge Robert A. Katzmann, Judge Denny Chin and Senior-Status Judge Barrington D. Parker will hear the NFL’s appeal. Both the NFL and NFL Players Association’s lawyers will have 15 minutes to state their cases. The three judges also can ask questions during each 15-minute period.
Brady and the NFLPA are the favorites to win the NFL’s appeal, but obviously anything can happen in court. Katzmann and Chin are more left-leaning and were appointed by Democrat presidents, so they could favor labor over management.
There likely won’t be a resolution to the appeal until the summer or fall, though the judges’ line of questioning could hint at which way they’re leaning.
Stay here for updates on the appeal throughout the day.
Thumbnail photo via Joe Camporeale/USA TODAY Sports Images
