From Tom Brady’s latest appeal of his Deflategate suspension: “This case arises from an arbitration ruling by NFL Commissioner Roger Goodell that defies the rule of law. …
“When Brady exercised his right under the collective bargaining agreement to appeal the punishment to an arbitrator, Goodell appointed himself as the arbitrator and ‘affirmed’ the punishment he had just imposed.
“Goodell’s self-affirming ‘appeal’ ruling must be reversed.
“Even though his arbitral authority was limited to hearing appeals of disciplinary decisions, Goodell ‘affirmed’ Brady’s punishment based on different grounds that were not the basis for his original disciplinary decision. Nor did Goodell mention or discuss the collectively bargained penalties for equipment-related violations — the core of Brady’s defense.”
Holy crap. This is Ted Olson’s first time stepping onto the mat in this little karate tournament, sweeping the leg and putting the members of NFL dojo in a body bag.
This is obviously why Ted Olson makes the big billable hours. There’s no need to try to educate a star chamber of federal appeals judges on the Ideal Gas Law or whether a slightly squishy football is easier to throw. These guys spend all day every day with their noses in dusty law books obsessing over legal minutiae. So Olson hits them where they live.
He comes right out swinging with the fact Roger Goodell broke the law, period.
Goodell is a despot who made himself judge, jury, witch hunter, executioner and arbiter and in our America, you can’t get away with that, period. If you do, as Olson argues, you’ll hurt all union workers “who have bargained for appeals rights as a protection – not as an opportunity for management to salvage a deficient disciplinary action by conjuring up new grounds for the punishment.”
Boom. That is the sound of Ted Olson hitting Goodell, soon to be followed by the sound of Goodell hitting the canvas. And it is sweet music to the sound of Patriots fans who have never stopped Defending the Wall, even with Deflategate about to reach its 5ooth day.
Tom Brady does everything first class all the way. From comfortable footwear to presidential candidates, from maple-bound cookbooks to high quality mattresses, he spares no expense and gets nothing but the very best. And so far it’s pretty clear he hired the Tom Brady of federal appeals lawyers.
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