Boys and girls, let me give you the best advice you may ever
get. You may never have to use this advice, but believe me, if
circumstances arise when it is applicable, just do what I say. My advice
is this: if a law enforcement officer ever says, “Would you like to speak to an
attorney?” the answer is always, “YES!” The yes must then be followed by
absolute silence until your lawyer arrives. There is no possible set of
events that would ever make it a good idea to reply, “Heck no, officer, what
would you like to know?”
That
said, relying on a lawyer is still a pain. Lawyers tend to be overly-risk
adverse, mainly because if they say something and it turns out badly, they can
be sued for malpractice. Lawyers focus on legal consequences, ignoring
things like your reputation and your standing with friends and family (“Go on,
tell the cops about Uncle Jimmy’s still and you’ll walk.”). Also, lawyers
will come up with solutions that land you in jail, and you still have to pay
them.
Lawyers
also love to argue in the alternative. There’s an old joke: a lawyer
borrows a neighbor’s teapot, then returns it. The neighbor notices a
crack in the teapot and says something to the lawyer. The lawyer replies,
“I never borrowed your teapot, and if I did I returned it in perfect condition,
and if I didn't then it was cracked when you gave it to me.” That makes sense
to a lawyer; to the rest of the world, it’s nuts.
Tom Brady’s agent Don Yee, who is a lawyer, is offering a similar
defense for his client. On the one hand, Tom Brady is completely innocent
of all wrongdoing; on the other hand, the NFL tricked him into ordering the
deflated balls in a sting operation. This makes sense to the agent;
logically it is an admission of guilt.
You
can’t say that you didn't solicit that prostitute, and besides she was a cop
who entrapped you. Either you didn't offer her the money for sex, or
offering her money for sex was her idea. Both can’t be true. Either
Tom Brady was telling the truth on January 22 when he said he knew nothing
about inflating footballs, or he was duped by the Colts into breaking the rules
and ordering the footballs to be deflated because the Colts didn't complain the
first time they caught him at it.
Tom
Brady did not turn over his phone to the investigators for “nuanced
reasons” according to his agent. That’s lawyer speak for, “We
don’t have to explain anything, my client is Tom F*$%#ng Brady.” Yet
later in the interview Yee says that Brady “fully cooperated with investigators
[long pause] in that context,” the context being he didn't punch them in the
nose when they asked him questions. He did not fully cooperate by letting investigators check his phone for texts to the Patriot equipment
managers. Perhaps he had some candid snaps of his wife on the phone; oh
wait, she’s a supermodel, everyone’s already seen her mostly naked.
Tom
Brady has gotten some bad advice. He should have never given the press
conference on January 22 where he categorically denied knowing anything about
ball pressure. He should have turned his phone over to investigators, or
come up with a slightly better reason than, “It’s complicated.” And his
agent (and his father) should not have publicly said that he’s guilty but the
NFL is out to get him.
The idea
that the NFL is persecuting Tom “The Golden Boy” Brady is beyond
ludicrous. There are lots of players Roger Goodell would relish
punishing, including most of the Seattle Seahawks that Brady beat in the last
Super Bowl. The is one of Goodell’s worst nightmares: having to exact
punishment on one of the league’s most popular players, who plays on the team
owned by one of Goodell’s staunchest supporters.
People ask, why would a great quarterback like Tom Brady have to
cheat? A quote attributed to Richard
Petty says, “If you ain’t cheatin’, you ain’t tryin’.” All great athletes look for every edge that
can; that’s one thing that makes them great.
Different players have different thresholds. A-Rod does cheesy things like trying to slap
the ball out if the first baseman’s glove, or yell, “I got it” when on base
and there’s a pop-up. Is it any wonder
he also used steroids to gain an edge?
Brady probably wouldn't commit an obvious violation, but if can get a
slightly better grip on the ball and no one’s the wiser, then . . . .
If there
is a root cause at the heart of this fiasco, it is the NFL’s policy to allow
teams to control the game balls their team (but not the other team) uses during
the game. Who lobbied for such a cockamamie rule? Tom Brady.
The guy who said he knew nothing about inflating footballs before a game.
And now he denies taking advantage of the rule he lobbied for?
Sure. And I’m married to Giselle Bundchen.
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