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requires finding strong probability of wrongdoing, but the league did not find deliberate intent in this case. so, are you surprised in this? >> well, somewhat. but the -- what the court did was highlight the deficiencies of the procedure. for example, brady was not allowed to question his accuser, the general counsel in this case who edited the wells report, nor was he allowed access to the investigative notes and the punishment wasn't set in advance nor was the penalty known. so the penalty which was meted out was similar to a player might receive for steroid use. so, all of these things combined made the judge vacate the arbitrator's decision. and now this could be appealed many times over. >> right. >> for example, the nfl has already launched the appeal, but that -- the next decision could be appealed and it could go all the way to the supreme court theoretically. >> i want to get your reactions tom brady put a message up on
that agreement that points to his power to actually suspend someone for an act like this, no mat how the commissioner objects to it because the act was determined by the so-called wells report, ted wells, the attorney the nfl previously brought in to investigate cases, domestic abuse, whatever it might be, but in this instance the wells report, richard berman said point-blank in his courtroom that he didn't understand the wells report. it didn't make sense. and when a federal judge of the standing of judge berman says, it doesn't make sense, ted wells has a big problem. martha: yeah. >> his second statement which was also telling, the nfl kept trying to say that there was some competitive advantage. the judge, very reasonably and with great common sense said, well, how is it then that
were two words judge berman has written in past decisions, those words are fundamental fairness. sorely lacking in this case. the inability to question, the inability to see the notes in the wells report. and where he says the deference due an arbitrator does not extend so far as to require a district court to countenance, much less confirm, an award obtained without the requisites of fairness or due process. that's where roger goodell failed here. that's where the owners of the national football league are going to question him about his leadership. >> all right. dale arnold, rachel nichols, paul callan -- >> we'll see. this is going to be the neck game that's going to be played is whether the owners actually flip on roger goodell. because let's make it clear, what we think in this room, what your mom thinks, what all the people in new england think doesn't matter. >> believe me, what my mom thinks absolutely does matter but i understand what you're saying. >> what matters is what the 32
at issue here was whether goodell followed the cba and whether he afforded tom brady all of his rights in the june 23rd appeal. and what he determined, no, brady had no notice his punishment would be that severe. no player in nfl history was ever punished that harshly. brett favre had $50,000 fine for not cooperating yet tom brady gets four-game suspension? the nfl didn't make a key witness to testify at hearing. jeffrey park, one of the top league executives who go led the investigation and edited the wells report. they didn't make him available to testify. judge berman said that absolutely violated the cba. bill: have a good time. enjoy the parade. >> thank you very much. bill: ben volin in boston, massachusetts. thank you. martha: big day for bores ton and donald trump as well. he is set to might with the rnc later today. reports are he will sign the republican loyalty pledge. that's coming up.