So, if the NFL wins this round, will it end up going to SCOTUS?
Tom Brady could be in big trouble for Deflategate phone tampering | FOX Sports
The judges' primary concern centered around Brady destroying the cellphone he used to communicate with, among other parties, Patriots equipment managers after the 2015 AFC Championship game.
"Anyone within 100 yards of this would have realized that the cellphone issue raised the stakes in this thing," said Judge Barring Parker. "An adjudicator looking at these facts, it seems to me, might conclude that the cellphone had incriminating information on it and that, in the teeth of an investigation, it was deliberately destroyed."
"So why couldn't the commissioner suspend Mr. Brady for that conduct alone?" Parker asked.
According to McGovern, this line of questioning went on for nearly 20 minutes. At one point, circuit judge Denny Chin described the evidence of Patriots ball-tampering "compelling, if not overwhelming." He also concluded there was substantial evidence that Brady was more than "generally aware" of the ball deflation, but "knew about it, consented to it, encouraged it."
"How do we as appellate judges reviewing an arbitrator's decision second-guess the four-game suspension?" Chin asked.
Tom Brady could be in big trouble for Deflategate phone tampering | FOX Sports
The judges' primary concern centered around Brady destroying the cellphone he used to communicate with, among other parties, Patriots equipment managers after the 2015 AFC Championship game.
"Anyone within 100 yards of this would have realized that the cellphone issue raised the stakes in this thing," said Judge Barring Parker. "An adjudicator looking at these facts, it seems to me, might conclude that the cellphone had incriminating information on it and that, in the teeth of an investigation, it was deliberately destroyed."
"So why couldn't the commissioner suspend Mr. Brady for that conduct alone?" Parker asked.
According to McGovern, this line of questioning went on for nearly 20 minutes. At one point, circuit judge Denny Chin described the evidence of Patriots ball-tampering "compelling, if not overwhelming." He also concluded there was substantial evidence that Brady was more than "generally aware" of the ball deflation, but "knew about it, consented to it, encouraged it."
"How do we as appellate judges reviewing an arbitrator's decision second-guess the four-game suspension?" Chin asked.