Mike Florio

Mike Florio

Mike Florio of Pro Football Talk and NBC Sports checked in with the Dennis & Callahan show on Thursday morning to discuss the latest with Deflategate. To hear the interview, go to the Dennis & Callahan audio on demand page.

With the Second Circuit denying Tom Brady and the NFLPA’s request for a rehearing on Wednesday, if they want to the next step and keep the case going, their only option is to take the case to the Supreme Court.

Florio, a former lawyer, was asked what his advice would be to Brady and the NFLPA.

“Nothing to lose, everything to gain. Let’s keep going,” Florio said. “Why stop? Ted Olson, who joined the party fairly late representing Tom Brady and would not have added if they weren’t planning on going to the Supreme Court. He was the solicitor general, the solicitor general’s job is to present cases on the behalf of the United States government before the U.S. Supreme Court. They have their U.S. Supreme Court barrister already on the team. They are ready to go and Olson told me on May 24, that they are committed to doing everything they can to get justice for Tom Brady. Now, they were not making any decisions until they had to and at that point they didn’t have to make a decision about the Supreme Court. I would be shocked if Tom Brady and the NFLPA doesn’t take this thing to the next level, especially because beyond Tom Brady this is a question of how much power does the commissioner have?

“If they ever want to try and bargain away that power in the context of the CBA they need to know exactly how much power is there and knock it down. Right now it’s too much power. It’s going to be hard to get it away from Goodell. They are going to want too much to give up this power.”

Brady could request a stay in order to play the beginning of the season. The only problem is if that stay is granted and then the Supreme Court decides not to hear the case, the suspension would be imposed right then, which could be in the middle or end of the season. Obviously, the Patriots would rather have him miss the first four games.

Florio says that would be more of a team consideration, rather than Brady and the NFLPA.

“I think it’s more of a consideration for the team than it is for Tom Brady,” Florio said. “I think Tom Brady wants to do everything he can to fight this. If I am Bill Belichick though, wouldn’t you rather just rip the band-aid off and go with it knowing going into Week 1, I’m not going to have Tom Brady for the first four games instead of having — it’s been looming for 543 days now, there may be a point somewhere, all of a sudden, I am going to find out I don’t have Tom Brady for a month. Coaches will analogize that to the ever present possibility of injury and in any given game they are going to come out of it with a key player not available for 1, 2, 3, 4 weeks or more, but if I am Belichick, I can control this one, I would much rather have him gone for the first four weeks, especially because the first four weeks — what have we heard before? The first four weeks the offensive line play isn’t as good as it needs to because of the reduced contact in training camp, the reduced practice load, the offensive line hasn’t gelled, so why not have Jimmy Garoppolo back there as the sitting duck as the offensive line is getting its act together and then the offensive line has its [flaws] out when Tom Brady returns.”

Blog Author: 
Ryan Hannable

One Cardinals player is excited about potentially facing Jimmy Garoppolo in Week 1 with Tom Brady likely suspended due to Deflategate — defensive end Calais Campbell.

One Cardinals player is excited about potentially facing Jimmy Garoppolo in Week 1 with Tom Brady likely suspended due to Deflategate — defensive end Calais Campbell.

“Licking my chops,” Campbell said on CBS Sports Radio’s “Tiki and Tierney” via Pro Football Talk. “You get a rookie quarterback, it’s always exciting when you get a guy like that for his first game because he’s going to be nervous. He’s probably going to be sitting there holding the ball a little longer or trying to get rid of it quick, throwing bad balls. As a vet, we definitely pride ourselves on welcoming [quarterbacks] the right way.”

Garoppolo isn’t in fact a rookie, but if he does start, it would be his first-ever start in the NFL.

For more Patriots news, visit weei.com/patriots.

Blog Author: 
Ryan Hannable

Tom Brady should end the Deflategate fight. (Winslow Townson/USA Today Sports)Tom Brady should end the Deflategate fight.

And no, not because he is guilty, but because it's best thing to do. 



Appellate lawyer Raffi Melkonian joined Ordway, Merloni & Fauria Wednesday morning to discuss the Second Circuit Court of Appeals denial of Tom Brady’s request for a rehearing in the Deflategate case.

Chances aren't good for the U.S. Supreme Court to hear the Deflategate case. (Andrew Burton/Getty Images)

Chances aren’t good for the U.S. Supreme Court to hear the Deflategate case. (Andrew Burton/Getty Images)

Appellate lawyer Raffi Melkonian joined Ordway, Merloni & Fauria Wednesday morning to discuss the Second Circuit Court of Appeals denial of Tom Brady’s request for a rehearing in the Deflategate case. To hear the full interview, visit the OM&F audio on demand page.

With his rehearing request denied, Brady’s only chance at getting his four-game suspension overturned is through the U.S. Supreme Court. Melkonian said that the Supreme Court only takes about 70 cases a year, but he still expects Brady and his legal team to give it a shot.

“I do think they’re going to Supreme Court because they hired one of the best Supreme Court lawyers in the country just before filing this en banc petition, a guy named Ted Olson,” Melkonian said. “You wouldn’t have hired Ted Olson if you didn’t intend to take a shot at the Supreme Court, so that’s what they’re going to do.”

Melkonian also explained that Brady will have to request a stay from both the Second Circuit and the Supreme Court in order to put off his suspension at the beginning of the season.

“They’re going to have to go and ask for a stay because right now, the suspension is on,” Melkonian said. “There’s nothing stopping the suspension, so if no one stays it, Tom Brady is out for the first four games. They have to first go to the second circuit and ask for a stay, in other words they’ll ask the court to stay it’s own judgement, probably that will be denied, but you never know. Then they go ask the Supreme Court for a stay, they’ll ask the court to stay the Second Circuits judgement while the Supreme Court decides whether to hear the case. That stay application would first go to Ruth Bader Ginsberg because she is the Justice that covers the second circuit. If she decides to refer it to her colleagues, she’ll ask the whole court to think about it, then it might go to the whole court. Those are really hard to get, the chances of getting that stay aren’t terrific.”

Added Melkonian: “As for whether it goes to the court, you need four judges out of the nine to decide to take the case. Right now there are eight, but probably by time this comes around for the justices to decide whether to take it, there will be nine, because Brady has 90 days to file the thing. That’s really hard, the Supreme Court gets 8,000-10,000 cases a year, it hears 70, so those chances aren’t really good.”

Following are more highlights from the interview. For more Patriots news, visit the team page at weei.com/patriots.

On what exactly Brady was requesting from the Second Circuit: “Brady had been asking for the whole second circuit court of appeals to rehear his case, the 13 judges instead of just the three that had heard his appeal the first time, and that was denied today. There was no explanation of why, which is typical, but there had been such a delay since he signed this thing, it was 30 days ago, I was expecting that one of the 13 judges was writing what was called a dissent, or in other words an explanation of why the case should have been reheard. But that didn’t happen, it’s just a one-page order that says denied, so that is over.”

On how this decision can be extended and further pushed off: “The way that it could be extended is he has 90 days from today to file the petition in the supreme court. You can get an additional number of days, I think it’s an additional 60 days, so it’s a total of 150 days to file. So that’s not guaranteed, the court can say no. But let’s say he files after 150 days, that’s all assuming he got a stay. If he didn’t get a stay, then the suspension is going to be served.”

On how soon the stay request will be decided on: “Typically, with the stay they’re going to go ahead immediately, I would do that in a week or two. … So the stay is going to be decided in July or August, whether he’s going to get a stay or not. The question of whether the court hears the case or not, that’s not going to be decided for a long time.”

On the possibility of Brady serving the suspension before the Supreme Court rules in favor of Brady: “There’s really no way to remedy that for him, the NFL Player’s Association would get its precedent if it won that case, but Brady would not get anything. Again, that’s a low possibility, just because of the numbers of the cases the Supreme Court takes. But yeah, Brady could not get a stay, serve the suspension, then the Supreme Court takes the case and decides in favor of Brady, and there would really be nothing they could do for Brady at that point.”

Blog Author: 
Nicholas Frazier

It didn’t take long for the NFLPA to respond to Tom Brady’s Deflategate case not being reheard by the Second Circuit.

They said they were “disappointed” and added they will review all the options they have.

It didn’t take long for the NFLPA to respond to Tom Brady’s Deflategate case not being reheard by the Second Circuit.

They said they were “disappointed” and added they will review all the options they have.

“The NFL Players Association is a labor Union that protects the rights of all of its members and pursues any violations of those rights by any means necessary,” the NFLPA said in a statement. “We are disappointed with the decision denying a rehearing, as there were clear violations of our collective bargaining agreement by the NFL and Commissioner Roger Goodell.

“Despite today’s result, the track record of this League office when it comes to matters of player discipline is bad for our business and bad for our game. We have a broken system that must be fixed.

“We will review all of our options carefully on behalf of Tom Brady and all NFL players.”

For more Patriots news, visit weei.com/patriots.

Blog Author: 
Ryan Hannable

Tom Brady may be a bystander to Jimmy Garoppolo once the season starts. (Winslow Townson/USA Today Sports)Get used to it. Tom Brady will be sitting out the first four games of the season.



MIKE PETRAGLIA

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Perhaps, Deflategate isn’t over.