After seeing the transcripts of Brady’s appeal hearing that were released Tuesday, McCann said he has altered his thinking and now can’t make sense of why Brady is facing a four-game suspension.
“I don’t understand why he’s being suspended, at the end of the day,” McCann said. “And I say that because, let’s look at the testimony. He categorically denied any wrongdoing. So from that you have the fact that the standard is preponderance of evidence more likely than not, you have his denial. Then you have the absence of evidence contradicting him. Some people said, ‘€˜Oh, he was a little evasive.’ Well, if you ask someone the same question 12 times they’re going to come up with slightly different answers and you might contend that they’re somehow being evasive because their answers aren’t the same each time. Well, that’s human nature, our answers are never the same each time.
“I look at this testimony and I say for all the failing the NFL has, the bizarre process they use, at the end of the day where is the evidence Tom Brady participated in a ball-deflation scheme? I don’t see it. Then you’re left with, OK, was he cooperative? Well, Ted Wells found him sufficiently cooperative. You have Ted Wells saying he is. Why would that would even warrant a suspension if he isn’t as cooperative as he should have been? This doesn’t add up to me.”
McCann noted that Judge Richard Berman’s job is to determine if the league overstepped its authority or mismanaged the situation, not if it penalized Brady too harshly. But after seeing the appeal transcript, McCann said Berman likely will have some concerns to address with the league when the sides get together for settlement talks.
“Initially my expectation was that he would tell Tom Brady in essence, ‘€˜Look, this may not be fair, but the CBA gives Roger Goodell wide latitude. And even if I’m not sure about the allegations against you, it looks like the league has discretion.’ But after reading the testimony, I’m really leaning in the other direction. I’m think the judge is going to tell the NFL this was a kangaroo court. You have the cross-examiner also involved with the preparation of the so-called independent report that clearly wasn’t independent. You have categorical denials by the person who’s alleged to have done the wrongdoing. You have the lack of evidence contradicting those denials.
“I just don’t see, as deferential as the court will be to the NFL, where’s the actual evidence? What is the reasoning that led the NFL to suspending Tom Brady? And if I’m a judge, I’m going to have some hard questions for the NFL.”
McCann predicts Brady ultimately will end up with no more than a one-game suspension.
“I think there’s a good chance it will get settled in a couple of weeks. I don’t think it’s going to go to a [judge’s] decision,” McCann said. “I think right now they’re probably negotiating between a fine and one game, and there’s probably an argument over that. Before I thought maybe Brady would maybe agree to a two-game suspension, but after reading this transcript I’m of the belief that Brady should hold out until he gets it down to a fine.”
