My lawyer friend said the court can order those records released from his service provider which will have record of every text he ever sent. The issue will be the NFL needs to prove to the judge releasing those records is important to the case. Considering the case is "he destroyed evidence so we suspended him because he was probably hiding something" i would say it's more probable then not they can make their case.
Makes sense if he asked the company to do that, but can he legally do that? I was under the impression anything you text or post online is never truly gone in case it becomes a legal matter and the authorities need to view it.
True, but then why doesn't tom brady retrieve those records himself if there's truly nothing implicating. Brady is saying that he now would turn over the evidence proving him innocent but the phone was destroyed. Why not just get the records then? If he can still get the records back and he is truly innocent, then he'd be stupid not to.
Yes this is correct. They will have ample evidence to justify a request to the civil judge who will very likely rule in their favor and issue the subpoena to the cell phone/email provider. The initial data pull will be huge and there is a possibility the judge will let the NFL see everything and pull what they need vice what would have been a narrow-scope review had Brady cooperated. This is what happens when you destroy evidence and obstruct investigations. Brady has three choices: Take his 4 game suspension and end it all; file a civil suit with an injunction to allow him to play the season and then take the suspension later this year or next without going to court; or seeing the process through and going to court. There is absolutely no way this is going to court and any chance he had to reduce the suspension to 2-games is gone now that he destroyed evidence. The only way the NFL can get legal access to his cell/email records is if this goes to civil court or Brady signs a waiver to the service provider. Considering there is an inference that his attorneys advised him to destroy the phone in March instead of turning it over, whatever is/was on that phone is really bad and there is no way they will let their client walk into a civil trial once the NFL starts filing their discovery motions. Everything between now and the start of the season is Brady playing chicken with the NFL in an attempt to leverage fan/media pressure in the hope that Goodall folds under the pressure. It was the only shot they had given the cards they played with and the recent disclosure about the phone destruction eliminated whatever was left of favorable support outside of New England. Bottom-line is that Brady is done and just needs to cut his losses. Kraft understood that and it is why he folded early. You don't through good money after bad when you don't have a hand. What makes this even worse is that the media scrutiny will only continue to intensify on Brady about what was on his phone. My guess is that it will only get worse as people who received and/or sent emails/texts to Brady will start to come out of the woodwork.
I'm not a litigation attorney but doesn't the NFL's filing of its motion in Federal Court first set the venue and if Brady attempts to file elsewhere, the NFL will move to have the cases consolidated in the venue they first filed their motion in? And the injunction isn't going to be in court for months and months, the NFL has already pressed the issue and this will be heard sooner rather than later? Yes? _
I think your answer lies in your question. Man up, class and integrity are not in Brady's character. _
Ed Werder @Edwerderespn 8m8 minutes ago #Patriots call it "incomprehensible as to why the league is attempting to destroy the reputation of one of its greatest players..." Get the violins out!
I just skimmed the decision. What's really striking is that it basically exonerates the Patriots as a team and leaves Brady swinging in the wind all by himself.
I read that one too lol good stuff. I saw a gif of ron swanson on parks and rec going to town on his phone with a hammer. I'm on mobile, so idk how to post it, but man too funny.
