New England Patriots quarterback Tom Brady may have not been in the Manhattan courtroom where the NFL and NFLPA continued their quest to hammer out a final outcome to the Deflategate scandal and Brady's four-game suspension, but from the recounting of those present, Brady may have scored something of a victory anyway, with many, including Tom E. Curran of CSN New England, indicating that U.S. Judge Richard Berman spent the afternoon "banging around" the NFL.
Per Curran and various other reporters, the NFL, commissioner Roger Goodell - who wasn't present - and attorney Daniel Nash attempted to equate Brady's supposed deflation of footballs to an illegal level to the use of performance enhancing substances and, specifically, steroids. Berman was, according to Curran, not interested in such an argument, questioning its validity on several different occasions throughout the day.
"It's clearly a fair question to pose," said Berman, per Curran. "[Goodell's] explanation of steroid use only raises more questions than it answers."
Berman also questioned Nash as to which portion of the four-game suspension was for ball deflation and which was for failure to cooperate. Nash, per Curran, declared that it "isn't broken down that way."
Berman also seemed to take issue with the league's refusal to make attorney Jeffrey Pash, who had access to and edited the Wells Report prior to its publishing, available to the NFLPA. Berman also seemed, per Dan Kaplan of Sports Business Journal, to take great issue with the term "generally aware," that the league used in regards to Brady's connection to the deflation of footballs, calling it a "quantum leap" to go from "generally aware" to Goodell's determination during his ruling that Brady was involved in a "scheme."
Here are a handful of other immediate reactions to Berman's assault on the NFL's case.
Berman hit the NFL hard yet again, and again had problems with language of Wells Report and appeal process
— Stephen Brown (@PPVSRB) August 19, 2015
If Judge Berman was critical of NFL last week, he was even more critical today. Questions of fundamental fairness and evident impartiality. — Adam Schefter (@AdamSchefter) August 19, 2015
Judge Berman was very critical of Goodell’s conparison of ball deflation to steroids, and that Wells Report has no Brady link to Jan. 18
— Ben Volin (@BenVolin) August 19, 2015
Colts did better against Pats than the NFL did today against Jeff Kessler. Judge didn't sound impressed by league arguments in Brady case — Dan Wetzel (@DanWetzel) August 19, 2015
In the end though, despite the outward positive appearance for the union and Brady, Berman reiterated that he wants the two sides to come together on a settlement. Berman, per a separate report from Curran, said that if there is no settlement agreed to, the two sides - including Brady and Goodell, who were not present on Wednesday - will meet again on Aug. 31. Brady, per reports from Tuesday and early Wednesday, was said to be "very angry" at the lack of progress made in settlement talks in recent weeks and further, willing to accept a reduced suspension if it meant no admission of guilt.
Berman said that a final determination will be made by Sep. 4.
