It was announced late last night that NFL Commissioner Roger Goodell will hear the appeal of the four game suspension handed down to New England Patriots quarterback Tom Brady following the publishing of the Ted Wells Report. The appeal is expected to be heard sometime in mid or late June.
THE NFLPA had requested an independent arbiter but Goodell chose to hear the appeal himself. The new CBA negotiated between the NFL and the NFLPA on behalf of the players gives Goodell that option. Goodell has appointed arbitrators in the past and appointed Harold Henderson, who upheld Adrian Peterson’s appeal, to hear the Greg Hardy matter.
The NFL crafted the perfect setup that allows Goodell to retain this right and state that he is independent since he was never directly involved in the investigation or in issuing the punishment. The NFL retained Ted Wells and his law firm to investigate the matter and render its findings into a document commonly called the Wells Report.
Troy Vincent, as Executive President of the NFL, rendered the league’s findings. In a press release from May 11, Vincent laid out the punishment and released excerpts from his letters to both Brady and the Patriots.
Whether Goodell reduces the suspension remains to be seen. It is possible if not likely the sides come to an agreement whereby Brady misses 2 to 3 games. Regardless, a lawsuit serves Brady the least though the league sure wouldn’t love going through another messy affair.
For that reason, we lean toward a reduced suspension of 3 games. Its a win win for both sides since the Patriots would miss Brady for that time but not be crippled by it.
Update:
Here is the appeal filed by the NFLPA and it comes out swinging. The NFLPA states that Vincent, a former player who also served as President of the NFLPA, does not have the authority to hand down punishment and suspensions. It goes on to state there is no precedent for a four game suspension and calls it grossly inconsistent from what other players have received. Finally, it attacks the Wells Report stating:
The letter concludes by stating the NFLPA intended to call Goodell and Vincent as witnesses which would prevent Goodell from serving as the hearing officer. If he declines they are going to seek recusal arguing he is biased in the matter. Its a worthy attack and Goodell is likely to appoint Henderson to hear it.
