Patriots radio analyst, and former Pats QB, Scott Zolak thinks Tom Brady will not agree to a Deflategate settlement with the NFL if it means serving any suspension at all -- even as little as one game -- for allegedly directing a plot to deflate footballs. Any time served would be an admission of guilt in Brady’s eyes.
We all know 'Zo is connected, so I believe him. However, I'm trying nail down the reason for this strategy.
Brady has claimed his innocence under oath, and, from the beginning, has been in this fight for the long haul. It's all or nothing for him.
Is that a good idea?
Judge Richard Berman instructed the NFL and Brady/NFLPA to get to the table and negotiate. If Brady stands firm on this zero-game stance, that doesn’t leave a lot of room for negotiation. It won't play well to a judge who has sternly instructed the two sides to come to an agreement. I can see the NFL proposing to reduce the suspension from four games to two, but there's no way it will wipe away all four.
Now, Brady may be glued to his stance because he knows the Judge will rule against the NFL. Berman was clear from the beginning that he'll let it be known who's going to lose this fight in order to force a settlement. But that might not happen until after next Wednesday’s first session . . . and how would Brady know now if Berman had delivered such news to Roger Goodell?
Brady's not negotiating in good faith could backfire on him. Yes, the NFL has looked bad with the release of the appeal transcript. But if the league attempts to settle out of court and Brady remains adamant in refusing to accept any kind of suspension, he could land in His Honor’s dog house.
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While the league has stepped in a giant mess of its own making, Berman can still point out to Brady and the NFLPA that they signed the Collective Bargaining Agreement, which gives the commissioner almost limitless powers. And he may tell them that the NFL's level of ineptness or unfairness doesn't warrant an overturn of the appeal. This would leave Brady back to where he started: With a four-game suspension.
I think Brady does miss some time and the duration depends on whether he's willing to meet the Judge’s wishes and compromise with the league. If Brady insists that he's innocent and doesn't accept, say, a two-game suspension, he'll miss all four games. This would be the first selfish thing Tom Brady has ever done in New England.
And I don’t blame him. If Tom wants to shoot for all or nothing, he's earned that right. But he should not be deflated -- sorry, disappointed and/or surprised -- if his original four-game suspension doesn't go away.
