Judge to Issue Deflategate Ruling ‘Tomorrow or Day After’

The NFL and NFL Players Association failed to reach a settlement in the Tom Brady Deflategate case on Monday, forcing Judge Richard Berman to take the matter out of their hands. The federal judge announced his decision to issue a ruling on the case later this week.

Uneventful morning w/Judge Berman. No settlement. Said decision will come “tomorrow or day after.”

— Tom E. Curran (@tomecurran) August 31, 2015

Breaking: Judge announces he will make ultimate decision in #DeflateGate tomorrow or Wednesday. — Jim Armstrong (@JimArmstrongWBZ) August 31, 2015

The hearing barely lasted 10 minutes. Lawyers from both sides thanked Berman and the court for their time. Decision day is coming

— Ben Volin (@BenVolin) August 31, 2015

Judge Berman: “The parties tried quite hard, I think. In some cases, it doesn’t happen.” #Deflategate — Jim Armstrong (@JimArmstrongWBZ) August 31, 2015

As you know, #Giants owner John Mara was here on behalf of NFL, while former kicker and longtime Brady friend Jay Feely was here for NFLPA

— Ben Volin (@BenVolin) August 31, 2015

Brady appeared much more animated and relaxed in court today. — Jim Armstrong (@JimArmstrongWBZ) August 31, 2015

Should Judge Berman reverse Roger Goodell’s four-game suspension of Tom Brady, flaws in evidence or process figure to factor into the decision. The Wells Report rejected testimony from the game’s referee that he used a gauge with a Wilson logo and long needle, which Wells’ scientists calibrated as clearing the Patriots of wrongdoing in eight of eleven balls. Roger Goodell presiding over the appeal of his own decision, Ted Wells invoking attorney-client privilege in refusing to answer questions at the appeal in Goodell’s office after touting his independence from the league, and an author of the “independent” Wells Report strangely cross-examining Brady at the appeal hearing might demonstrate a rigged process to Judge Berman.

On the flipside, federal judges rarely overturn punishments meted out through collective-bargaining agreements in deference to the private nature of the ventures in question. Berman may find Goodell judging the fairness of his own decisions and Wells playing “independent” investigator before admitting his interest in the case by using attorney-client privilege to shield his dealings with the defendant all terribly unfair but not in violation of the collective-bargaining agreement between the players and the owners. Should Berman decide for the NFL, he faces a separate decision on whether to allow Brady to play as the appeals process plays out.

The defending Super Bowl Champion New England Patriots kickoff the NFL season against the Pittsburgh Steelers in primetime on Thursday, September 10. Whether Roger Goodell or Tom Brady shows up in Foxboro remains to be seen.