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Appeals judges question Tom Brady’s Deflategate defense
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Appeals judges question Tom Brady’s Deflategate defense

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NOV. 15, 2015, FILE PHOTOGary Hershorn/AP

Tom Brady’s attorney faced withering questioning from three judges at the 2nd Circuit Court of Appeals Thursday.

What a deflating experience!

A lawyer for Tom Brady faced withering questioning at the 2nd Circuit Court of Appeals Thursday as three judges considered whether to reinstate the star quarterback’s four-game suspension for deflated footballs.

The latest chapter in the bizarre Deflategate saga came as attorneys for Brady and the NFL debated whether Manhattan Federal Court Judge Richard Berman ruled correctly that Brady’s due process rights were violated by NFL Commissioner Roger Goodell. 

“The evidence of the ball tampering here is compelling if not overwhelming. How do we as appellate judges second-guess a four-game suspension?” Judge Denny Chin asked of Brady’s attorney Jeffrey Kessler.

The judges focused on Brady’s destruction of his cellphone during the inquiry that concluded in May, and portrayed the move as a glaring red flag to investigators.

“Anyone within 100 yards of this would have realized that the cell phone issue raised the stakes in this thing,” Judge Barrington Parker said.

Kessler insisted Brady regularly destroyed his phones out of privacy concerns.

“With all due respect, Mr. Brady’s explanation of that made no sense at all,” Parker said.

Neither Goodell or Brady attended the hearing.

SEPT. 19, 2014, FILE PHOTOJason DeCrow/AP

Roger Goodell suspended Tom Brady four games for being ‘generally aware’ of the deflated footballs.

The judges also grilled NFL attorney Paul Clement on why Goodell thought deflating footballs deserved such a severe suspension.

But they then undermined that line of questioning by indicating  it was well within Goodell’s authority to hand down a severe punishment for conduct he deemed detrimental to the NFL.

“This is arbitration, it’s casual. It’s sometimes even down and dirty,”  Parker said, hinting at his preference the court stay out of  such a dispute.

Following an investigation, Goodell suspended Brady four games for being “generally aware” of a football-deflation scheme in the AFC Championship Game pitting the Indianapolis Colts against the New England Patriots in January 2015.

Berman tossed the suspension in September, finding that Goodell had run a rigged inquiry into the alleged scheme in which Brady was denied the chance to question a top league investigator and examine files.

“Commissioner Goodell may be said to have dispensed his own brand of industrial justice,” Berman wrote, calling parts of the NFL probe “fundamentally unfair.”

The decision amounted to a huge defeat for Goodell, who at the time was still reeling from criticism for his handling of the Ray Rice domestic violence case. 

The judges signaled they would rule before the start of the 2016 NFL season.

sbrown@nydailynews.com

Tags:
tom brady ,
deflategate ,
nfl ,
roger goodell ,
indianapolis colts ,
new england patriots ,
nfl playoffs

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