All the NFL had to do was make a deal. It was there for them and, as usual, they overreached. They bit off more than they could chew, and now they're about to lose a lot more than they bargained for.
What's at stake in the Tom Brady appeal hearing is no longer the guilt or innocence of the Patriots quarterback. This is no longer about PSIs, sketchy trips to the bathroom or incriminating text messages. This is about commissioner Roger Goodell's power over the players and the league's precious Article 46.
And if Brady prevails in the league's federal appeal -- as became all the more likely with the selection of a three-judge panel yesterday that, on the surface, appears to favor him -- then those powers are in serious jeopardy. If Brady wins, there will be yet another precedent-setting case that diminishes Article 46 and Goodell. And even if the league appeals to the Supreme Court, the damage will be done.
It all could have been avoided had the NFL shown some judgment at its own appeal hearing in May, when Brady was willing to take a game suspension in exchange for some language.
It should have been an easy call, but the league's overpaid and incompetent legal team felt otherwise. The NFL had already gotten the Pats to accept their punishment. They had their pound of flesh. A game for Brady would have been gravy, there would be no threat of court action, and Article 46 would have been safe and sound.
But that wasn't good enough for the geniuses at the NFL. So Judge Berman bent them over the table and embarrassed them.
And now it's the turn of the appellate court.
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