Controversy, Patriots

Answering Bart Hubbuch’s Five Questions to Tom Brady

Bart Hubbuch of the New York Post had five questions for Tom Brady in his Sept. 4th article, ‘Fess up, Tom: 5 damning Delflategate questions Brady must answer’.

Just as Mr. Hubbuch refused to call in to WEEI’s Dennis and Callahan show because of this reason…

Hubbuch D and C

…it’s safe to say that Tom Brady probably has better things to do with his time than to answer Mr. Hubbuch’s supposedly five “damning” questions that could easily be answered by anyone who has followed the case.

Since Mr. Hubbuch expressed he is above going on radio shows that don’t get the ratings or clicks worthy of his presence, it would be a darn shame for Mr. Hubbuch to sit in the dark any longer with these mysterious questions:

Why did you destroy your cellphone?

The destruction of Tom Brady’s cellphone is a logical question for someone who isn’t famous. If a person hacked Bart Hubbuch’s phone and tried to sell his information to a sleazy tabloid, the editor’s likely response would be: “Who the hell is Bart Hubb-something? Who the hell cares about him?”

But what if someone had access to Tom Brady’s phone? That same sleazy tabloid would drool over the chance to get their slimy hands on any texts, pictures and/or emails stored in Brady’s phone.  Tabloids have no moral compass. Brady’s billionaire super model wife and their children would be fair game. Paparazzi have risked life and limb for something that juicy. Did you know that pictures of Brad and Angelina’s wedding were going for $2 million dollars? Don’t believe it? You can read about that here.

Many celebrities, including Tom Brady, destroy their cell phones when upgrading to a new one. This is not uncommon practice—for the reason that their information is often sold to tabloids and media outlets.

I could only imagine the “professional” cover photo and headlines of the New York Post if any of that info was leaked.

But Mr. Hubbuch is more concerned with the timing of the destroyed phone. This seems strange for three reasons:

  1. Mr. Wells told Brady he didn’t need or want his phone.
  2. Brady’s lawyers already told investigators that Brady wouldn’t be handing over his phone.
  3. Any conversations between Brady and Patriots’ staff could be seen on their phones. In fact, even some of Tom Brady’s texts were in the Wells report.

After all this was discussed, it really doesn’t matter what Tom Brady does to his phone or when he did it. He has the right not to hand it over as an NFL player protected by the NFLPA. This isn’t difficult to understand. How could Tom Brady destroy “evidence” when his phone was never going to be used as evidence to begin with?  The NFL didn’t warn Brady that if he did not turn over his phone that it would be used against him in the most unprecedented punishment in NFL history. Hell, he probably thought he’d get a $50,000 fine like Brett Favre did during his sexual harassment investigation.

Why did refusal to turn over the phone by Brett Favre result in disciplinary action of $50,000, but according to the hearing, Nash stated that many in the NFL wanted to suspend Brady for four games for not turning over his phone and another four games for his alleged misconduct.

A huge difference, wouldn’t you agree?

Did you really not know what PSI was?

Update 9/6/15: Apparently Tom Brady isn’t the only quarterback who didn’t really know all that much about PSI. Just ask Ben Roethlisberger of the Steelers:

I don’t know what PSI is in there. It really hasn’t been my thing from high school to college to the NFL. I have no idea where our equipment guys even have the inflation number at. I am completely clueless to all that stuff. I just play ball.”

You can read that article here.

Personally, I had no idea about PSI or the ideal gas law before Coach Belichick’s ‘Mona Lisa Vito conference’. And just for the record, Mr. Hubbuch, I rode plenty of bicycles as a kid and pumped my own tires.

It’s also clear that those who actually work for the NFL and their job to know about their own rules of air in a football and PSI science, had no idea about that either. Troy Vincent went on record during the appeal stating he had no idea about ideal gas law or how weather conditions affect footballs.

So why should Tom Brady know any more about PSI than NFL employees and a former NFL player?

It was also said in the appeal hearing that during the Jets game when the ball felt like “bricks” (and illegally over-inflated by the refs—which is strange if McNally is known to allegedly deflate the balls), Tom Brady asked about it. Tom then went to his head equipment manager to ask the rules concerning football PSI. Tom Brady wasn’t concerned with PSI in the past. He was concerned about the feel of the ball. He was probably “generally aware” about PSI, but was unaware of the actual rules. Why? Because PSI never mattered to officials or the NFL all that much until the night of the AFC championship game.

It should also be noted that the head equipment manger, Dave Schoenfeld, was exonerated in this “deflategate” mess by Mr. Wells and his investigators. Schoenfeld can confirm whether or not Tom Brady came to him with those questions and/or concerns.

If Brady was already involved in a football deflation scam, then why would he need to go to his equipment manger to ask? Wouldn’t he already know about the rule and have it taken care of with his two alleged minions?

Doesn’t add up.

Why did you give Jim McNally autographed merchandise?

Please tell me where in the Wells report that it mentions that Tom Brady signed “to Jim McNally”? In fact, on page 89 of the Wells report it simply states Tom Brady autographed footballs. Autographed, meaning Brady signed his own name and nothing more. I’m quite sure Mr. Wells would have included whether or not Brady signed McNally’s name as it would have been further evidence to strike out Tom’s claim that he didn’t know McNally by name, but instead knew him as “Bird”.

Tom Brady autographs many items for fans and staff. This is not uncommon practice for any quarterback in the NFL. According to the Wells report McNally wanted signed memorabilia and Jastremski was helping to have it done for him by providing Tom Brady with the footballs. If Jastremski went up to Tom and said, “Hey, could you sign these for Bird?” and he did so, then what is the issue here?

Tom Brady signed his name on a couple footballs for a staff member, and handed it to him. Wow. Damning.

If this is all Mr. Hubbuch has, then he is really scrapping the bottom of the scum barrel here.

Why did you not fully cooperate with Ted Wells?

He cooperated by voluntarily answering all of Ted Wells’ questions (page 21 of Wells report). The only part Brady didn’t “cooperate” on was by providing Wells and investigators his cell phone and electronic information—which is his right as a member of the players union. Ted Wells gave his word that only info pertaining to the investigation would be used (page 21 of the Wells report.) Oh really? Then why are the emails about Tom Brady’s pool cover, his little jab at Manning, and a private conversation between he and the mother of their son available for the public to access and comment on? How does any of this pertain to the investigation of football deflation?

This is the reason Tom Brady’s lawyers and his agent, Don Yee, advised him not to turn over his private information.

Brady admitted that if he was aware that not handing over his phone would result in a four game suspension (which was not expected at all by Brady and the Patriots), then he would’ve turned over his phone. In order to show that Brady and the NFLPA were willing to work on a settlement as Judge Berman requested, they stated that Tom Brady could have handed over his phone. This doesn’t mean Brady had to turn over the phone, it means he could have voluntarily done so. That was the only hit by the NFL Brady and the NFLPA were willing to accept in a settlement.

Why did you not speak to the media for seven months after the Super Bowl?

Tom Brady was involved in an investigation. Brady was planning to go to court if he wasn’t given a fair appeal hearing. You don’t need to pass a Bar exam to know that it is usual practice for a lawyer to advise his or her client not to speak with anyone about the investigation and/or court proceedings until it’s over. That’s basic common sense. I’m not sure why this is difficult for Mr. Hubbuch to understand.

As for this tweet:

hubbuch berman

 

Berman’s full sentence is as follows: “An arbitrator’s factual findings are generally not open to judicial challenge, and we accept the facts as the arbitrator found them.” He then goes on to site legal court cases that state a court must respect the decisions and findings of an arbitrator where two parties have a collective bargain agreement.

But despite this, Berman goes on to say “The Court is fully aware of the deference afforded to arbitral decisions, but, nevertheless, concludes that the Award should be vacated. The Award is premised upon several significant legal deficiencies, including (A) inadequate notice to Brady of both his potential discipline (four game suspension) and his alleged misconduct; (B) denial of the opportunity for Brady to examine one of two lead investigators, namely NFL Executive Vice President and General 20 Counsel Jeff Pash; and (C) denial of equal access to investigative files, including witness interview notes.

I will explain this in an “unlawyerly” way so that perhaps Mr. Hubbuch may grasp the reason why the honorable Judge Berman would not and could not exonerate Brady from the arbitrator’s findings, regardless of what he believes truly happened.

It is very difficult for a federal court to overturn an arbitration case in which both parties collectively bargained. This wasn’t an appeal hearing. Berman does not have the legal right to go against an arbitrator’s findings. What a judge can do is rule on whether or not the arbitrator overstepped his bounds legally or was in violation of the CBA.

If Berman exonerated Brady, then the second court would most definitely overturn Berman’s ruling. This line was carefully crafted so it would make his case very difficult to overturn. Berman, as a protector of the law, cannot give his opinion like he did during the hearing when he questioned many times the lack of proof that Brady was involved in any “ball deflation scheme” the night of the AFC championship game. Berman must follow the letter of the law. His job is to rule on the process, not to discredit the findings of the arbitrator. That is the job of an appeal judge. If Roger Goodell believed in the Wells report, then he should have allowed an impartial arbitrator to step in his place.

Instead of asking Tom Brady questions that can easily be answered, maybe Mr. Hubbuch should direct his questions toward a commissioner who has spent over $20 million on legal fees and an “independent” investigation—and lose that case—because of unfair process.

The truth may never be known because there was never a fair investigation or hearing to begin with. That is the true crime. Even Judge Berman himself had the common sense to surround the word independent in quotation marks despite Goodell’s insistence since the start of “deflategate” that Ted Wells was hired to do an “independent” investigation.

There is no proof or smoking gun that Tom Brady is a liar, but there is sufficient proof that the commissioner…the protector of “integrity”…and the man who stood as arbitrator, lied multiple times.

Yet there are some, such as Bart Hubbuch, who insist on scraping up anything they can to hang the wrong man. It seems Mr. Goodell and Mr. Hubbuch have something in common…their skewed understanding of words such as integrity and justice.

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3 thoughts on “Answering Bart Hubbuch’s Five Questions to Tom Brady

    • In all fairness, the mainstream isn’t going to scrutinize everything unless they’re a fan or a true investigative journalist. They don’t have the time or the inclination. A good percentage of Patriots fans have become semi-experts in law, universal gas law, and NFL rules in the past seven months. Why? Because we care. We need to validate the incredible dynasty we have and support. The ‘Do your job’ tagline extends beyond the locker room and beyond the field. We do it as fans too…whether it be sharing, retweeting, or writing a little fan blog piece. We may not ever convince or reach the masses, but we know the truth because we took the time to know the truth. The ones who want us to be wrong or cheaters or anything else that can explain why the Patriots are so good, will take it at face value without doing the homework.

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