Federal judge Richard Berman didn't stand up in court Wednesday afternoon and order the NFL to reduce Tom Brady's four-game suspension for the DeflateGate scandal, but he certainly urged them to quickly come to an agreement. Berman sent the sides back to settlement talks with a new deadline of Aug. 31 and if no deal is reached by then, both Brady and NFL Commissioner Roger Goodell will be back in court for another hearing that could lead to the judge to making a final decision.
DeflateGate judge warns Brady, NFL time is running out to reach settlement
Judge Richard Berman gave Tom Brady and Roger Goodell a new deadline for settlement talks.
Greg M. Cooper-USA TODAY Sports
Both sides have asked for a ruling by Sept. 4, six days before New England’s opener, but Berman would not commit to that date, calling it a “quick turnaround,” via ESPN.
The sides have been trying to reach a settlement for the last week without success, which brought them back to Berman’s courtroom on Wednesday. Neither Brady nor Goodell attended the hearing, leaving it to their attorneys.
Even with the main combatants missing, Judge Berman didn’t appear happy to see the lawyers.
“A settlement seems like a logical and rational option,” he said, echoing language that he used a week ago.
The NFL has refused to come down from the original suspension, and according to NY Daily News reporter Stephen Brown, that might be what determined Berman’s focus on Wednesday. He strongly questioned the league’s decisions, especially their refusal to let the NFLPA question NFL attorney Jeff Pash at Brady’s appeal hearing:
Berman: "I don't understand the thinking to not allow Mr. Pash as a witness. Who else but Pash had the opportunity to edit the Wells Report?"
— Stephen Brown (@PPVSRB) August 19, 2015 Berman continued by pointing out that there is precedent for overturning arbitration awards when witnesses have been withheld -- not something the league wanted to hear.
The judge also questioned the NFL’s decision on a four-game suspension for Brady. He asked league attorney Daniel Nash how many games a player would get for tampering with balls, but cooperating with the investigation. Nash said that would be up to the commissioner, which didn’t please the judge.
“I have a little trouble with that,” he replied.
He also had trouble with Goodell comparing ball deflation to steroid use in his decision to suspend Brady:
Berman: "I don't see how four games (for deflation, non cooperation) is comparable to using steroids and a masking agent."
— Stephen Brown (@PPVSRB) August 19, 2015 After Wednesday's events, the NFL can't be confident that Berman will keep Brady's four-game suspension intact, while Brady and the Patriots are still worried that a ruling won't come down in time for the season-opener.
However, while earlier reports indicated Brady and his lawyers are reportedly willing to cut a deal that includes an acceptance of responsibility for non-cooperation and a fine, his side still refuses to concede on the issue of Brady serving a suspension:
Per 2 sources informed of Tom Brady’s thinking, his stance hasn’t changed. Not willing to accept any suspension in settlement at this point
— Ian Rapoport (@RapSheet) August 19, 2015 Brady wants to play in Week 1. Goodell wants to prove he has full power. One of them is going to be very disappointed.
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