Lies, Damn Lies, and NFL Leaks

The NFL has controlled the flow of information since the start of this whole Tom Brady football psi nightmare. Through their media leaks and through the Wells Investigation, the NFL has systematically manipulated matters to lead the public towards one conclusion: Tom Brady – perhaps the face of the league, the posterboy for what the NFL should want to represent, is a cheater.

Why?

In an attempt to rehabilitate the image of a Commissioner who had been under attack since the previous offseason. What better target than the team everyone already hates?

I’m convinced the seeds were planted the week before the AFC Championship Game, (Well, long before that, actually, but it really took off that week.) when, following the Patriots win over the Ravens in Divisional Round of the playoffs, Brady told the media that the Ravens and their coach John Harbaugh, needed to “read the rulebook.”

That set in motion a series of events which has developed into the biggest sports story of the year (decade?). A story which still has not been resolved, and is not likely to be fully resolved for some time to come.

A series of clandestine emails were traded between the Indianapolis Colts and the NFL Operations department. They accused the Patriots of using footballs below the regulation PSI. They cited balls taken from the Patriots win in Indianapolis earlier in the season. Footballs which would’ve been handled by the home team, mind you. They also made vague references to it being “well known” that the Patriots were using footballs that were not inflated to regulation. No specifics have ever come on that.

The events of the night of the AFC Championship game have been well-chronicled. But from that point on, the NFL had complete and utter control of the message being put out.

As Dan Wetzel writes today:

Instead after a little more than a day of collecting basic evidence and interviews, ESPN coincidentally (or not) ran with a bombshell report that 11 of the 12 Patriots footballs were underinflated by more than two pounds per square inch and, conversely, none of the Indianapolis Colts’ measured as such.

It was damning.

It was also completely false.

None of the Patriots footballs were so deflated and only four Colts footballs were even measured, so that didn’t matter. Someone at Goodell’s office may or may not have leaked it – the league office appears to be the only entity at the time with the info. Even if it didn’t, the league, equipped with the truth, failed to either refute it or just pass the info onto the Patriots. The league even fed the Pats similarly frightening, and inaccurate, data.

Essentially, whoever leaked it to ESPN counted on the report being so big that the public would believe it no matter what came out later.  

It worked.

Did it ever. The NFL told ESPN and the Patriots a bold faced lie.

On purpose. Further, they went and told a second lie – that the Colts footballs were all over the legal limit the entire game.

Those lies were never corrected. When the Patriots were finally privately told the correct numbers, almost three months later, they were ordered not to disclose them to the public. The NFL was controlling the flow of information.

Ted Wells was appointed to lead over the investigation. Labeled “independent” but in reality a lawyer working for the NFL, (to the tune of $45 million over the last two years) Wells was tasked with creating a case against Tom Brady.

In the course of his “Investigation,” Wells attempted to set up Brady. He had gotten text transcripts from John Jastremski’s phone, so he had a complete record of what the two of them had said to each other over text.

But he still demanded Brady’s phone, or at least to look at it. No had no reason to do this. None. But by demanding the phone, Wells puts himself in a win-win situation. He accomplishes multiple things:

  1. If Brady hands over the phone, Wells and his team scour it to find something, anything, that Brady hadn’t previously disclosed which involves the case or interactions with Jastremski. Trust me, they would’ve found something they would’ve used, no matter how innocent in reality it was. (Brady lied and said he didn’t know McNally, but here he refers to a “bird!”)  Then they would claim that Brady was hiding/covering up information and not cooperating.
  2. Brady doesn’t hand over this phone, and Wells can say again, that Brady did not cooperate.

By this point, Ted Wells was controlling all information, and he was not disclosing anything to the Patriots. The NFL had already burned the Patriots with the false PSI numbers,the team was wary of further leaks. Wells told the team he would not be investigating the leaks from the NFL, despite Roger Goodell saying at the outset that the league’s conduct would be in the scope of the investigation.

This is from a letter sent by Daniel Goldberg of the Patriots to Jeff Pash of the NFL on February 6th.

We learned last night from Ted that the issue of how League personnel handled  the pursuit of the low psi issues, including whether there were inappropriate prejudgments and unfounded presumptions of wrongdoing, selective leaks of  information and misinformation, failure to correct obviously misreported  information, and the like, are not part of what the Paul Weiss firm has been  asked to investigate. I understand that the League has opted to investigate  those matters internally. Because of the significance of these issues, their  obvious interrelationship to the matters being pursued by the Paul Weiss firm,  and the benefits of having them investigated by individuals who are not employees  of the League (particularly since they involve the conduct of high level League  employees), the Patriots ask that the League add these issues to the matters that  are being independently investigated. In our view, League personnel’s serious  mishandling of this psi issue during and after the AFC Championship Game has  caused the Patriots grievous harm. As a member club, we think this issue is no  less serious than the related issues now in the hands of independent  investigators and even more appropriate to be pursued by those who are not League  employees, since they involve the conduct of other League employees.

Pash couldn’t have been more condescending and dismissive in his reply.

I know the Commissioner is as displeased by the media activity as you and others are. He has been as clear as possible on this point. To some extent, the media activity is inherent in Super Bowl week — having now been to 7 Super Bowls, the Patriots know better than any club the feeding frenzy that takes place around the game. I am somewhat encouraged that the media activity seems to have slowed down a bit, and I am hopeful that the investigation can now proceed in a calm, quiet, and professional way.

The Commissioner is …displeased. Wow. He’ll get right on that. And yes, the media activity around this sure did slow down. And things have been calm quiet and professional ever since. Right?

The NFL had no interest in investigating its own leaks. Why would they? It was all part of their campaign. They were controlling the message, and this was a big part of that. Ted Wells was at the head of it. He was controlling what the public saw, what the Patriots saw and what others involved in the process saw.

His eventual report, continued the message. By front-loading the report he was able to give the public the message that he wanted them to take away, knowing that the majority would read no further than that summary. It was like a lawyer giving his closing arguments at the beginning of the case, before the jury could hear all the testimony and evidence and decide for themselves. Wells was able to bury the evidence among mind-numbing legalese and footnotes.

When the Patriots punishment was announced, Robert Kraft at first protested. Then, after speaking with Goodell, he caved. While Kraft claimed he was doing it to “end the rhetoric” and do what was best for the 32, in reality all he did was make his organization appear more guilty, and essentially take sides against his quarterback and coach.

When the punishment came out, the NFL was very careful to ensure that some of the most powerful owners in the league (all of whom had a stake in the Patriots being punished and hamstrung) spoke out in support of Goodell and to say what a great job he was going (See yesterday’s post)

The NFL continued to control the message throughout the rest of the process. When Adam Schefter reported that the NFL had requested that the Patriots suspend McNally and Jastremski, Goodell himself refuted it the very next day.

When Schefter Tweeted during Brady’s appeals hearing that he would only be given four hours to state his case, within minutes NFL spokesman Greg Aiello refuted the statement. Schefter then produced an NFL letter to the Brady camp specifying the time limit they would be given.

Schefter reported following the hearing that “Brady came off as genuine, earnest and persuasive, addressing every issue raised in the league-sanctioned Wells report during Tuesday’s long meeting.  One of the sources called it “an A-plus performance.”

Very quickly, another source surfaced which described Brady’s appearance as “not overly impressive” and “not entirely credible. ”

More recently when word came out that the NFL and Brady might be discussing a settlement, an NFL source quickly amended the narrative to indicate that it was Brady’s camp which approached the NFL about a settlement, which of course leads some to make the leap that Brady is looking to settle because he knows he’s guilty.  It’s making the rounds now that  “NFL sources” believe Brady will accept a reduced suspension. This is simply another tactic by the NFL to put pressure on Brady. Camp opens next week you know!

All along this process the NFL has controlled the message that is being put out and which the general public and media outside of New England (and certain influential media folks inside New England) are eager to gobble up. Come to think of it, how do we know that Dan Shaughnessy and Michael Felger aren’t being controlled by the NFL?

To cap this off, we have this Tweet from today, which pretty much encapsulates this whole thing:

Longtime ESPN reporter, good ‘ol boy, asks his contact in the league about a matter that has held America hostage for seven months now. He gets in return a joke about his golf game, indicating a chummy relationship with this particular source as he knows about the golf ability of Werder. Ha ha!

We’ll have to get together and play 18 real soon, Ed! And on the back nine I can tell you all about how we’re gonna nail that cheater, Brady!

That’s just how they do things down there.

Update – 7/27 – It happened again. 

Over the weekend, ESPN’s Sal Paolantonio said on a San Diego radio station:

“[By reducing the suspension] you’re angering some of the hard-core owners out there,” said Paolantonio. “I know who they are and I’m gonna name ‘em right now: Jim Irsay of the Colts. Steve Bisciotti of the Ravens and others in the AFC who believe the Patriots have gotten away with murder for years and have not been publicly punished properly.”

Again, with a leak coming out that puts the NFL in a bad light, it was refuted quickly. Bisciotti himself went on the defensive, telling Jamison Hensley of ESPN that he has not pressured Goodell about the case, calling Paolantonio “100% wrong” and saying it would be “unfair to Robert Kraft, who is honorable person and to his franchise.” Longtime NFL Executive Joe Banner also weighed in.

My Offer Is Nothing

Roger Goodell: I want your answer and the money by noon tomorrow. And one more thing. Don’t you contact me again, ever. From now on, you deal with Vincent.

Tom Brady: Commissioner? You can have my answer now, if you like. My final offer is this: nothing. Not even the fine for non-cooperation, which I would appreciate if you would put up personally.

Everything comes back to The Godfather.

I think the above is probably how the reported settlement talks in the Tom Brady suspension have gone down.

More disturbing in that article is this:

Per the source, NFL Commissioner Roger Goodell is being pushed by a small handful of influential owners to hold firm on the four-game suspension.

So, other NFL owners are pushing to Commissioner to ensure that Tom Brady does not play in one-quarter of the NFL regular season.

They would have absolutely no competitive motivations for doing that, right? They are attempting to use the Commissioner to gain a competitive advantage. Well, we know that at least five owners have come out publicly in support of Goodell’s punishment of Brady.

So who are these “influential owners” trying to push Goodell into holding firm? Dan Rooney and Art Rooney? Whose Steelers play the Patriots in week one? Jerry Jones? His Cowboys play the Patriots in week five. (Which is the fourth game for New England, meaning Brady would miss the game.) Jim Irsay? His Colts, responsible for this whole mess play the Patriots in week six, which would be Brady’s first game. I’m sure they’d prefer facing the Patriots with Brady having yet to have played his first game. Woody Johnson? His Jets play the Patriots in week seven. Might be nice to have the Patriots with a couple of losses under their belts when playing this divisional game. John Mara? His Giants play the Patriots in week ten. Steve Bisciotti? His Ravens might be competing with the Patriots for home field advantage. They’d benefit from a Brady suspension.

I hope people can see just what a criminal organization the NFL is.

This scenario is all the more reason why Goodell should’ve appointed an independent arbitrator to handle this appeal. Owners wouldn’t be running up and whispering the ear of the arbitrator in order to influence the outcome of the appeal.

The PFT article concludes with this:

So while there’s still no good way out of this mess for Goodell, the safest course for him personally would be to hold firm and to force a court to reduce the suspension — since Goodell suffers little or no P.R. consequence when one of his disciplinary decisions is reduced or wiped out by someone else.

This is also the opinion floated out by Peter King.

Again, think about this. The NFL is more interested in P.R. consequences than it is in getting things right. They would rather go to court and lose, (and look foolish, AGAIN) than admit that they messed this up.

This after Troy Vincent fingerwagged the NFLPA about taking the NFL to court and wasting money that could be used to help support retired/injured players.

Criminal.

Why has there not been a big-media investigative report into the activities of the NFL? We know ESPN, NBC, CBS or FOX isn’t going to do it. So, where you at, New York Times? Wall Street Journal? The Boston Globe could sell the most papers it has sold in years if they did something along those lines, but they have another agenda. (Paging Bill Simmons, you want huge ratings for your first HBO show?)

And there’s more. Now the NFL is leaking the idea that Brady wants a settlement – with no evidence that he does – which is meant solely to create an appearance of guilt where there is none.

Criminal.

Is there any doubt that the NFL, as a whole – including the other owners – has declared war on the Patriots? And Robert Kraft took it.

Tom Curran put it perfectly yesterday:

It’s really an adversarial position Kraft put himself in with his quarterback and his head coach. Kraft doing what was good for the league aligned him automatically with the NFL in its looming fight against the NFLPA. And if Kraft advocates taking a deal, not having Brady hurts Bill Belichick’s on-field product. Never mind that Belichick must look at Goodell then look at Kraft and say, “So this is how your friends and their employees treat you? And you’re good with that?”

Last front? The other 31 franchises.

Does it help the Rooneys in Pittsburgh or Jim Irsay in Indianapolis, Jerry Jones in Dallas or John Mara in New York — or any other franchise — to have the Patriots at full strength for 16 games? The Patriots’ two AFC playoff opponents (the Ravens and Colts) showed what they think of the good of the game last January when they whined about legal formations and had equipment managers sticking needles in footballs during the game.

When you take that into account, it really shows the naivete of Kraft saying, “The heart and soul of the strength of the NFL [is] that it’s a partnership of 32 teams, and what’s become very clear over those two decades (since I’ve owned the Patriots is) that at no time should the agenda of one team outweigh the collective good of the full 32.”

Sorry, Bob. It’s 31 on 1. And, since you capitulated, it’s the whole league aligned against your quarterback.

I don’t want to hear a single word if the Patriots happen to “run up the score” on anyone (or everyone) this season.

Bill Belichick: I don’t feel I have to wipe everybody out, Tom. Just my enemies.

The Character of Chris Mortensen

Guest post from Mike Walsh.

Wondering when Roger Goodell will air the next episode in the league office’s embarrassing DeflateGate drama pales in comparison to wondering when the Chris Mortensen character will make another cameo, especially since he may have played the biggest role in this entire affair.

This stupid story has been going on for so long and has had so many aspects it might be easy to forget when it really exploded. The Pats beat the Colts on January 18th, and the first Bob Kravitz tweet was sent later that night. But it was Mortensen’s tweet on January 20th that made this thing blow up.

[Read more…]