New England Patriots quarterback Tom Brady and the NFLPA seemed to score something of a win from their first day in federal court, as they attempt to get Brady's four-game suspension, handed down by the NFL in the wake of the Deflategate scandal and upheld by league commissioner Roger Goodell on appeal last month, reduced or vacated. While US Judge Richard Berman closed the session by indicating that he still wasn't sure which side had put forth a more compelling case, most reports from the courtroom seemed to indicate that he hammered the NFL pretty hard.
Berman sounded "unconvinced" when questioning NFL attorney Daniel Nash about the lack of a smoking gun linking Brady to the intentional deflation of footballs, according to Stephen Rex Brown, Gary Myers and Larry McShane of the New York Daily News.
Per the News, even Nash, under continued question from Berman, admitted as much.
"Is there a text in which Mr. Brady instructs someone to put a needle in a football?" Nash said, per the News. "No, there is not such direct evidence."
Berman also seemed to take issue with the NFL's assertion that investigator Ted Wells, who, along with his team, put together the infamous Wells Report, was actually independent, according to Tom E. Curran of CSN New England. Per Curran, Berman also wondered why certain notes from the Wells investigation were not made "equally available" to both sides.
According to reports, Nash deemed the line of questioning a red herring.
Berman also seemed to take the NFL to task over the notion of "general awareness," per a separate Curran report. As in, their assertion that Brady was "at least generally aware of inappropriate activity" concerning the deflation of footballs. While Nash attempted to redirect from this, Berman reportedly persisted, suggesting that it was the "basis of the decision" to suspend Brady.
In the end, a group of legal analysts, gathered by CSN editor Art Martone, seemed to come to a collective agreement that Brady and the NFLPA came out, at least symbolically, on top on Wednesday, with one calling it a "good day."
"Judge Berman is eviscerating the NFL position with his questions. Humiliating them for not being reasonable, settling," Houston Chronicle Online writer and lawyer Stephanie Stradley wrote.
Despite the outward look of Federal Court Day One though, Berman made clear that the questions he posed and the general route of proceedings should not serve as an indication of his leanings.
