The long-awaited Ted Wells report is out. It’s heavy on circumstantial evidence that Patriots employees, at the behest of QB Tom Brady, purposefully deflated footballs before the AFC title game. But with no smoking gun, league commissioner Roger Goodell has to rule on one of the NFL’s all-time greats with his legacy on the line

Click on the following link for the article: mmqb.si.com

Tate comment: A well-written article and summary of the Wells Report. But aren’t there at least three other issues at play:

(1) The Report also indicates or suggests that the investigators wanted additional interviews which were denied – which might separately result in discipline;

(2) If it is just Goodell making this decision, with his reputation and ability to govern again at risk – it would be smarter for Goodell and the League to have a committee for these decisions; and

(3) if Brady is disciplined for “We nevertheless believe, based on the totality of the evidence, that it is more probable than not that Brady was at least generally aware of the inappropriate activities of McNally and Jastremski,” doesn’t that set precedence for discipline of other players and teams in the future.  The statement against Brady is considerably less certain, and it contains two standards: “more probable than not” and “that Brady was at least generally aware of inappropriate activities.”  I understand the first standard.  I don’t see that the second standard has a definition, at least not at law. It appears that the standard stated is something like “it is more probable than not that it is more probable than not.”  That standard might be sufficient under NFL rules. Nevertheless, whereas some of the other teams or players might want Brady disciplined, I would suggest that considering precedence for allegations of wrongdoing by other players and teams in the future, they might want to reconsider their wishes in this situation.

Dave Tate, Esq. (San Francisco / California)

My other blog: trust, estate, conservatorship and elder abuse litigation, http://californiaestatetrust.com