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[Robert]
For thousands of years
we've looked at sport

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to produce our greatest heroes.

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Official YIFY movies site:
YTS.MX

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The ancient Greeks
to which we owe our heritage,

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embraced the idea
of competition.

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Fair level equal playing field
in which and from which,

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according to rules,
superiority would emerge.

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And so, we endowed
our great athletes

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with great moral virtue,
whether they deserved it or not.

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We wanted to believe
that if they were great

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athletically,
they would be great morally.

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[Jane]
Football is the way Americans

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tell the story of our culture
to our children.

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Football is the sport that most
conveys what we as Americans
think of our own selves

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and culture, and how we want
to pass that along to our kids.

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[Robert]
We draw our lessons from sport.

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So many of our moral
lessons about fairness,

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about honesty, about justice.

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So I'm fascinated by, then, all
of the things around football,

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and what does football
say about us as a society?

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It's the most popular sport
by far, makes more money.

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The players are
somewhat disposable.

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There are a few stars,
but we really are very happy
to not know who

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80% of the players on your
average football field are,
we have major health issues

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that come up. Fans are blindly
loyal to teams and really aren't
all that interested

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in hearing about
any of the negative things
about their sport.

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[Robert]
Sport has become this
microcosm for life.

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And so when we find
that it's polluted,

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then it challenges everything.

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It challenges everything
we hold dear.

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When our great heroes
turn out to have

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feet of clay, if we discover
that they're cheats,
then it undermines not only our

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sense of who our heroes are
and should be, it undermines
our sense of self.

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If we can't maintain
an integrity and an honesty
in our play space,

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how can we ever aspire
to maintain it in
our general lives?

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In the America I grew up in,
that I still believe in,
we loved guys

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like Tom Brady. A guy who came
from nothing, a guy who
couldn't even start

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for much of his career at
Michigan, who at one point

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was behind the coach's son
on the depth charts.

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He's 199th pick in the draft.
As a rookie, he was fourth

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on the Patriots'
depth chart, and then turned
himself into the greatest

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of all times.

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[dramatic music]

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[news reporter]
And Tom Brady
and the New England Patriots

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are back
in the Super Bowl again.

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[Michael]
Within hours, there was
a tweet by Bob Kravitz.

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The NFL is investigating
possible ball deflation issues

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with the New England Patriots'
footballs during the game.

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[news reporter]
Both Brady and Belichick
responding to the allegations

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on local radio shows.

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[Michael]
There was a leak from the NFL to
ESPN reporter, Chris Mortensen.

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11 of The 12 footballs were more
than two pounds underweight.

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And that really changed the
complexity of the controversy.

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And within hours of the story
breaking, the National Football

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media went completely unhinged.

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[news reporter]
The NFL has found 11 of
the New England Patriots,

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12 game balls were
inflated significantly

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below the NFL's requirements
League sources involved

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and familiar with the
investigation of Sunday's AFC
Championship Game told ESPN.

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[Robert]
Deflategate gets
its name instantly.

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They caught the Patriots, once
again the cheating Patriots.

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Now I hope they whack them.
They're going to get their
comeuppance.

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[reporters]
Deflategate. Deflategate.
Deflategate.

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[reporter]
From the morning shows
to talk radio,

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instead of talking
about the Super Bowl,

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all eyes are on the ball.

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[George]
You go into that press
conference.

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And Tom is wearing his hat
and everything's fine.

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And this is no big deal and, "I didn't do any of those things."

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I didn't, you know,
have any idea.

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You know, I didn't alter
the ball in any way.

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When I picked those balls out...

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at that point, you know,
to me, they're perfect.

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I don't want anyone
touching the balls after that.

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I don't want
anyone rubbing them,

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putting any air in them,
taking any air out.

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[news reporter]
Source is revealing to ESPN,
the balls were under-inflated,

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two pounds per square inch less than League standards, making them easier to grasp and catch.

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[Robert]
The press conference
immediately following.

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[Robert]
Belichick essentially said,
I can't explain it.

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Uh, I had no knowledge
whatsoever of this situation
until Monday morning.

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Mark Brunell cried on national
TV because he thought
Brady cheated.

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I just-- I just didn't believe
what Tom Brady had to say.

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[news reporter]
Source is telling
our sister Network, ESPN,

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this is the play that led to
the discovery of what is being
dubbed Deflategate.

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D'Qwell Jackson, a linebacker
for the Colts, intercepted
a pass by Tom Brady,

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and allegedly felt the ball
was lighter than normal.

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[Michael]
It led, of course,
to the NFL announcing

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a quote-unquote
independent investigation.

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It means that there's
a suspicion of wrongdoing.

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You must have done something
wrong. Why would the NFL
investigate you?

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What should have been, if to
a minor equipment violation, was
the top story in the country.

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Not on the sports news,
on the network newscast.

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[news reporter]
NBC Sports is reporting
the Deflategate investigation

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is now centered on a 90 second
bathroom break taken

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by a Patriots locker room
attendant before
the AFC Championship Game.

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It became a national
Scandal of epic proportions.

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There were people saying they
didn't want Belichick allowed
to go to the Super Bowl.

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They were talking about taking
the Patriots out of the game

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and having the Colts
go in their place.

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[dramatic music]

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I want to thank my family and
all my friends who supported me,

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all my teammates. I love
you guys, this is for you guys.

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[Jerry] They had Kelly Naqi, a reporter, go on outside the lines

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and accuse the Patriots of
doctoring the kicking balls
in that game.

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Adam Schefter came on and said,
"Not only did the Patriots not
doctor the kicking balls,

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but there was a guy from
NFL Charities who stole
the kicking ball

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in the middle of the game
and had been fired.

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A, I assumed the Patriots
did it. B, I was delighted
they were caught at it.

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C, I wanted them to be guilty
and I wanted them

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to be punished severely for it.

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The bigger picture here,
I think, is ethics, cheating,

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and keeping
the integrity of the game.

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The most important
thing here is,

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was there a violation
of rules and if so...

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how did that occur?
I think at this stage,

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what we have to do is
let the facts dictate.

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This report on Deflategate
that took lead investigators

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103 days to produce,
puts Tom Brady firmly
in its cross-hairs.

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Always played within the rules.

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I would never do anything
to break the rules,

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um, and I believe in fair play
and I respect the League.

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[news reporter] But today, an NFL investigation led by Ted Wells found

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it is more probable than not
that the three-time Super Bowl
MVP quarterback

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was at least generally aware of the inappropriate activities.

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You have the Wells report saying
that there was a conspiracy

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involving two Patriots
locker assistants.

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McNally and Jastremski coupled
with some type of knowledge by--
alleged knowledge by Tom Brady.

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It's only been 30 hours,
so I haven't had much time
to digest it.

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After the Wells report came out,
about five days passed.

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Roger Goodell
announced his punishments,

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and his punishments
were enormous, unprecedented.

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Seemingly, not in tune
with the actual rules.

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They went for this, like--
this triad of punishments.

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[news reporter]
Brady will not play
for the first four games

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of the season,
this upcoming season, 2015,

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will be suspended without pay,

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that the Patriots will have
a one million dollar fine.

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They'll give up their
first-round draft pick.

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What do you make of
this four-game suspension?

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These are serious issues.

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There is nothing more important

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to a Commissioner than
preserving the integrity
of the game.

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[Andrew]
One thing that people still
watch live on television

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at the time it's aired,
is NFL football.

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[upbeat music]

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That audience only sits down for
certain times together, right?

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It's going to be the Oscars
or it's going to be an event,

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like the Super Bowl or Sunday
when people watch NFL games.

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As many as two-thirds of
all Americans, uh, tune into
at least one football game.

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No other property, sort of, is--
operates in that--
in that ballpark.

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The ratings are gigantic.

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Advertisers really want a piece
of those NFL games,

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and so broadcasters
really want to have

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an NFL slot on their
broadcast window.

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So that's CBS, NBC,
Fox and ESPN.

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The NFL is a monopoly supplier,
which really gives them
a lot of power in the market.

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During the lockout
a few years back,

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The NFL players Association
was denied by one of
the television networks

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to run their pro-union
advertising.

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-Let them play.
-We want to play.

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-Let them play.
-Let them play!

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[Andrew]
If you're one of
the television networks,

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you'd really like
to avoid falling out of

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the good graces of the NFL.

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I think the NFL and the NFL
players Association

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is uniquely contentious
in the world of...

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sports and Leagues
versus Unions.

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[news reporter] So at midnight, the NFL's owners locked out their players.

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The Players' Union
dissolved itself,

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which allowed ten players,
led by star quarterback,
Tom Brady,

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to file an antitrust
lawsuit against the League.

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Basically, the owners want
to the players to take

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what amounts to an 18% pay cut.

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This isn't a strike.

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The players aren't striking
because they want more money.

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This is a lock out.
The owners are threatening
to lock their employees

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out of the building unless
they take a pay cut.

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In 2011, the League ended up
taking out a quote unquote loan

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from its broadcast partners of
about four billion dollars.

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[news reporter]
The League violated its
agreement with the Union

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in setting aside 4 billion
dollars for itself in
additional TV Revenue.

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The NFL was effectively
stockpiling money
to prepare for a lockout.

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And that would have been
prevented it from

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losing money in the event
of the lockout,
which of course happened.

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And a federal judge ruled
for the players,
saying that this was

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a shady deal and that it would
have taken that money then

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out of the pool of revenue
that would have been available
for player salaries

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and all these other
different things.

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So, definitely, like, the NFL is

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very creative, let's just say,

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in trying to find ways to

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maximize and preserve revenue.

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[Andrew]
The NFL's brand has been valued
at 24 billion dollars.

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That's with the B.
Then we shouldn't be surprised

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that they're managing that
professionally and with a--

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in a sophisticated way,
in a well resourced way.
We may think of

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some of the things that firms
do as sort of manipulate.

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Or maybe tricky.
From the point of view
of the brand owner,

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what they're doing is called
public relations.

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Look on the internet. You'll see
a single phrase appearing

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time and again,
which characterizes the lockout

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as a dispute between
quote billionaires
and millionaires.

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And why the hell are
millionaires fighting
against billionaires

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going to cost hardworking
Americans their money
and their favorite pastime?

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There's a real class divide
between the way players
are paid.

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There are players who make
multimillion-dollar contracts.

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You could also be somebody,
you know, who's the 51st,
52nd, 53rd guy on the roster,

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you could be
on the practice squad.

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Uh, your money is not going
to be guaranteed in those
situations.

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You may be making League minimum
which is, you know, a couple
hundred thousand dollars.

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[Andrew] They're-- they're
really not millionaires versus
billionaires.

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When we're given a--
we call this a heuristic

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in consumer psychology,
when we're given a--
this little mental shortcut.

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It's then becomes quite easy
to process what's going on,

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when it's really a more complex,
more nuanced situation.

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And this can be quite
an effective way

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of directing a public opinion.

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We want to know that
they are considering

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the ethical implications

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of the sophisticated
tactics that they employ.

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We want to know that they're--
that they're not cheating.

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[gentle piano music]

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00:12:58.778 --> 00:13:01.824
[Michael]
Until Deflategate,
the sanctity of the footballs

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00:13:01.868 --> 00:13:04.000
sure didn't seem like
a priority for the NFL.

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No one ever gauged
a football during a game.

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During halftime.
No one ever gauged
the footballs after a game.

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It's not the nuclear briefcase.

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Do you know where the-- the 12.5

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to 13.5 range PSI comes from?

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The back of the box that
Wilson footballs are sold in.

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That's how the League
came up with this.

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[light dramatic piano music]

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[John] So, I'm a big
football fan, but I am
a Philadelphia Eagles fan.

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I don't really like
the Patriots even though
I live in the Boston area,

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and so I got interested in this
story because I thought it would
be a really

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fascinating story
for a measurement
and instrumentation class.

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I'm always looking for
real world examples

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that will sort of make science
interesting and come alive
to students.

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What I wanted to do was to try
to talk about this sort of

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Deflategate controversy,
but go back to the data.

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There were all these
reports about the, um,
alleged ball deflation

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and word was leaked about,
you know, sort of

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very large amounts
of pressure reduction,

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but the NFL didn't
actually release the real data.

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I was anxiously waiting
to see the real numbers.

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I was like, "Why can't
the NFL release the data?
I want the data.

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I want to be able to test
the data against the predictions
from the science

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to know what's going on."

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[Chris]
So the three footballs have been
in the environmental chamber for

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an hour and 45 minutes, which is
about the amount of time that
the balls were out

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on the playing field before they
came back into the locker room.

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So they've been soaking
it 8.9 degrees Celsius,

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which is about 48 degrees
Fahrenheit for that time.

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We're now going to test them
again with our-- with our
calibrated

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high accurate pressure sensor.

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We're going to see
what the pressure is now.

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This was one of the footballs
that was originally
at 12 and half PSI.

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You see, it's now reading 11.44.

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This is another one
that was at 12 and a half PSI.

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Which is now reading
at about 11.34.

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And finally... this was the ball
that was at 13 PSI.

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And it's now
reading about 11.96.

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All the footballs
have lost pressure,

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uh, by approximately one PSI,
which is exactly

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what the Patriots readings
were when they were measured
at halftime.

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I read the report and I have
tremendous respect for
Exponent and it's sort of

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amazing team of scientists,
its facilities.

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And so I, um-- you know,
the-- the first sort of
temptation was to just

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fully embrace their
conclusions in the report,

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but then I decided to do
their calculations myself

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and to dig into data myself
a little bit.

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When they measured
the Patriots' ball on

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the sidelines
with one of the gauges.

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Guess what they measured?

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we can look up--
they measured 11.3.

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Okay? Now, instead of
thinking, ideal gas law,

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they thought cheating,
and everything went
downhill from there.

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The ideal gas law
prediction is 11.32 PSI.

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So, at that instant, if they had
known the ideal gas law,
they would have known,

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"Oh, this is perfectly
explained by science."

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Instead, they said,
"Oh, it must be cheating."

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The balls were inflated before
the game in a locker room
that's agreed to be

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about 71 degrees Fahrenheit
to 12 and half PSI using one
of these two gauges.

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All right. And the gauges
differ by 0.3 PSI.

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00:16:52.228 --> 00:16:56.841
Now, that might seem like
a lot, but it's actually
a one percent difference

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00:16:56.885 --> 00:17:00.236
in the air in the football to
explain a 0.3. PSI difference.

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What most people don't realize,
the NFL had no idea
that this occurred.

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And it's been occurring
for decades in NFL games.

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It's that when there is cold
weather, the balls lose
pressure, naturally,

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the-- the ratio of pressure
to temperature is constant.

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Now, the trick is you have to
use absolute temperature
and absolute pressure units.

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And for that,
we take the Fahrenheit
measurement and we add 460.

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00:17:23.825 --> 00:17:28.089
So, we take 71 degrees
Fahrenheit, plus 460,

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gives us 531 degrees R,
degrees ranking.

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00:17:32.051 --> 00:17:34.270
The temperature
on the field, 48 degrees.

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We add 460, you get 508 R.

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00:17:38.013 --> 00:17:42.061
If we take 508, the ranking
temperature in the field,

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divide it by 531, the ranking
temperature in the locker room,

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that ratio, you can get out
your calculator,
508 divided by 531...

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00:17:52.071 --> 00:17:56.379
it's about, if memory
serves me, about 95.7%.

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00:17:57.598 --> 00:17:59.600
0.957. What that means is that

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the temperature fell by 4.3%.

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00:18:03.604 --> 00:18:07.303
So if the temperature fell
by 4.3%, and the temperature

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and the pressure
have a constant ratio,

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that means the pressure
has to fall 4.3%.

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00:18:12.917 --> 00:18:14.745
However, we have to
use absolute pressure.

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So the 12 and a half PSI.

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We add 14.7 to get 27.2.

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We multiply that by 0.953,
the ratio and the ranking scale
of the two temperatures,

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and we get a new predicted
pressure, which I believe is
26.02 PSI...

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absolute. We subtract back off
the atmospheric pressure.

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I'm using 14.7.
I think it was like 14.66

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PSI, atmospheric pressure
at Norwood airport,
which is the closest

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00:18:44.775 --> 00:18:46.603
weather station I could find.

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00:18:46.647 --> 00:18:49.171
And you wind up,
you take the 26.02,

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00:18:49.215 --> 00:18:54.045
subtract off the 14.07,
you get 11.32 PSI.

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00:18:54.481 --> 00:18:56.961
So the Gay Lussac's law predicts

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the ball pressure should
have been 11.32 PSI.

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Compare those measurements
with the--

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compare the measurements with
that prediction, and if they're
close, then physical laws

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explain it, and if they're
not close, maybe something
else happened.

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The average of all
the numbers from one gauge,

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the average from the numbers
in the other gauge,

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we get 11.11, 11.49.

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00:19:19.723 --> 00:19:21.638
Let's take the average
of those two numbers.

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00:19:21.682 --> 00:19:25.555
If we take the average of
all 22 measurements,
we get 11.30 PSI.

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00:19:25.599 --> 00:19:30.081
So summary, Patriots'
balls match the ideal gas
law prediction.

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The agreement is well within
the measurement accuracy of the
gauges and the other unknowns.

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There are a lot
of unknowns here.

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00:19:34.869 --> 00:19:37.611
It doesn't surprise me at all
that the referees who

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had very little notice that they
had to do this procedure,

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that they switched gauges
inadvertently

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00:19:43.617 --> 00:19:45.706
between the Colts'
and the Pats' balls.

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That the third reading
of the Colts' balls

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is wrong. So somehow they either

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00:19:51.146 --> 00:19:54.889
swapped the gauges back
and forth, or the person wrote

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00:19:54.932 --> 00:19:59.850
the wrong numbers in the wrong
columns or they might have
misheard a number.

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00:19:59.894 --> 00:20:06.727
[unintelligible] ...They bring
in 12 balls normally, and those
are classified as game balls.

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00:20:07.554 --> 00:20:10.078
We have the pressure them,
make sure they're between

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00:20:10.121 --> 00:20:13.473
League regulations as
12 and 13 and a half pounds.

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00:20:13.516 --> 00:20:15.910
12 and a half. Close enough.

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-[air pressure]
-Whoa.

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00:20:22.046 --> 00:20:23.918
[John]
So this is a video
from something

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00:20:23.961 --> 00:20:28.357
called the Monday
Morning Quarterback website
for Sports Illustrated,

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00:20:28.401 --> 00:20:30.011
just showing how
they prepare the balls.

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00:20:30.054 --> 00:20:31.360
Did they write anything down?

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00:20:32.143 --> 00:20:33.232
Did they write down any numbers?

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00:20:34.537 --> 00:20:36.104
Did they take the temperature?

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00:20:37.148 --> 00:20:39.325
Did they have any sort
of experimental procedure?

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00:20:39.934 --> 00:20:43.285
Did they just say,
"12 and a half? Close enough."

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00:20:43.329 --> 00:20:46.332
Okay? With a sensor that
sort of costs 15 bucks
and is plus or minus

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00:20:46.375 --> 00:20:48.812
0.2 PSI accuracy. All right?

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00:20:49.857 --> 00:20:52.512
In any measurement problem,
there's a notion of
the margin of error,

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00:20:52.555 --> 00:20:54.296
it's how accurately
do you know something?

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00:20:54.775 --> 00:20:58.779
And so, in this problem,
we have so many different
sources of error.

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00:20:58.822 --> 00:21:02.391
We have the uncertainty
in the initial pressure.

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00:21:02.435 --> 00:21:05.655
We don't know the temperature
which it was when he took that
initial measurement.

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00:21:05.699 --> 00:21:10.660
We don't know, uh, the effect
of the balls being wet.

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00:21:10.704 --> 00:21:13.794
The cold, wet water
from the ground

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00:21:13.837 --> 00:21:16.362
would have two effects on
the balls. And so people
have done experiments

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00:21:16.405 --> 00:21:19.321
with at Carnegie Mellon where
if you make the leather wet,

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00:21:19.365 --> 00:21:23.194
it expands and the volume
increases. So my-- the
Gay Lussac's law assumes

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00:21:23.238 --> 00:21:25.980
the volume's fixed,
but if the volume increases,
the pressure also drop.

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00:21:26.023 --> 00:21:28.199
so there could be a three
percent drop in pressure

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00:21:28.243 --> 00:21:30.550
just due to the some
of the balls being wet.

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00:21:30.593 --> 00:21:35.337
There are many sources of error,
and to me the margin of error...

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00:21:36.295 --> 00:21:38.297
taking all these different
sources of error,

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00:21:38.340 --> 00:21:41.343
is much greater than
the actual alleged increment.

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00:21:42.301 --> 00:21:45.216
You know, if I had to stake my
reputation in my career on it...

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00:21:46.261 --> 00:21:48.785
the Patriots' balls match
the ideal gas law prediction.

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00:21:49.264 --> 00:21:53.007
If you look at their data,
it's accurate and it shows
that the--

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00:21:53.050 --> 00:21:56.358
what we're going to show
today in this experiment,
that the pressure drops

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00:21:56.402 --> 00:21:59.405
when you drop the-- the
temperature by as much as
we've seen on that game day.

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00:21:59.448 --> 00:22:01.972
It's all the other assumptions
they make and other things that

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00:22:02.016 --> 00:22:03.931
kind of skew the results
for them.

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00:22:03.974 --> 00:22:06.325
So what I did is I went
back to the historical

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00:22:06.368 --> 00:22:09.066
temperatures of NFL games,

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00:22:09.110 --> 00:22:12.331
and I made some assumptions,
which you know,
I'll be very clear about.

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00:22:12.374 --> 00:22:15.682
Like, if we assume the footballs
were inflated in a heated
locker room.

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00:22:15.725 --> 00:22:18.641
And then they went to
a cold playing field and--

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00:22:18.685 --> 00:22:21.949
or whatever the playing field
temperature was and had time
to equilibrate...

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00:22:22.819 --> 00:22:25.605
For what fraction of NFL games,
where the ball's been out

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00:22:25.648 --> 00:22:28.085
of this 12 and a half
to three and a half--

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00:22:28.129 --> 00:22:30.914
12 and a half
to 13 and a half PSI range,

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00:22:30.958 --> 00:22:32.786
and it's a huge fraction
of the games.

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00:22:32.829 --> 00:22:33.961
Game temperature...

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um, versus the date of the game,

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00:22:37.181 --> 00:22:40.533
and so I-- starting out,
it's going kind of slow.
1960-'61.

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00:22:40.576 --> 00:22:43.971
And I have it
logarithmically getting
faster each year.

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00:22:44.014 --> 00:22:47.888
And so you can see how,
like, I build the graph...

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00:22:48.584 --> 00:22:51.979
of all the game time
predicted temperatures.
So, over 10,000 games.

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00:22:52.022 --> 00:22:55.765
I took out any game in a dome
stadium, whether the dome is
open or not.

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00:22:55.809 --> 00:23:01.292
And then what I did
is I predicted, okay, um,
if we started at 13 PSI

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00:23:01.336 --> 00:23:05.296
in the middle of the range,
what would the predicted
on-field pressure be?

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00:23:05.340 --> 00:23:08.387
And obviously,
for the colder weather games,
as we get later in the year,

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00:23:08.430 --> 00:23:11.694
we predict lots and lots
of games that are well
outside the range.

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00:23:11.738 --> 00:23:13.957
It's not just that
the numbers are ambiguous

400
00:23:14.001 --> 00:23:15.785
or there might be some
questions about the report...

401
00:23:17.134 --> 00:23:18.484
the numbers prove innocence.

402
00:23:19.659 --> 00:23:20.877
The numbers prove innocence.

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00:23:48.992 --> 00:23:51.821
[Robert] Some of the issues
that I'm focused on were
the early issues of

404
00:23:52.387 --> 00:23:55.216
what is a game.
What is a sport, cheating,

405
00:23:55.782 --> 00:23:57.261
what constitutes cheating,
which would

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00:23:57.305 --> 00:23:59.525
get us right into
Deflategate because...

407
00:24:00.656 --> 00:24:05.226
my perspective on Deflategate
is essentially this,

408
00:24:05.269 --> 00:24:07.315
that someone cheated...

409
00:24:08.098 --> 00:24:10.623
but it wasn't
the Patriots or Tom Brady,

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00:24:10.666 --> 00:24:14.801
it was the NFL,
that the cheating label

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00:24:14.844 --> 00:24:17.107
has been placed
on the wrong party.

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00:24:19.893 --> 00:24:21.460
[Andrew]
This is the idea that when

413
00:24:22.069 --> 00:24:25.507
you learn a piece of
new information

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00:24:25.551 --> 00:24:28.989
and it comes with
a discounting Q,

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00:24:29.032 --> 00:24:32.906
so this would sound something
like, 11 of 12 footballs
used in the AFC

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00:24:32.949 --> 00:24:37.084
Championship Game, were
under-inflated by two PSI each,

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00:24:37.127 --> 00:24:39.695
uh, according to League sources.

418
00:24:39.739 --> 00:24:44.657
So when I say, according to
League sources, that means,
"Hey, this is early,

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00:24:44.700 --> 00:24:49.052
there's more information
to come. So that-- that
functions as a discounting Q.

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00:24:49.096 --> 00:24:53.056
Now, here's the problem
with that, those two pieces
of information decay

421
00:24:53.100 --> 00:24:55.624
at different rates,
that is, they are forgotten
at different rates.

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00:24:55.668 --> 00:25:01.195
They'll remember that
Chris Mortensen of ESPN said
11 of 12 footballs

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00:25:01.238 --> 00:25:04.720
were under-inflated by two PSI
and they'll forget
the discounting Q.

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00:25:05.460 --> 00:25:07.984
[Daniel]
One of the very first
things that I did

425
00:25:08.028 --> 00:25:11.031
is I requested of the League

426
00:25:11.074 --> 00:25:13.468
and of the League's
investigators

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00:25:13.512 --> 00:25:16.515
that we be provided with
the actual PSI information.

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00:25:17.211 --> 00:25:19.300
That request was refused.

429
00:25:19.822 --> 00:25:23.870
when they finally made the
information or offered to make

430
00:25:23.913 --> 00:25:26.960
the information about the actual
PSI numbers available...

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00:25:27.526 --> 00:25:29.484
they did so on the condition

432
00:25:30.137 --> 00:25:32.487
that I would have to
agree that I would not share

433
00:25:32.531 --> 00:25:34.533
that information with anyone,

434
00:25:35.185 --> 00:25:38.145
which meant that the false
information ended up being

435
00:25:38.188 --> 00:25:39.842
out in the public
for over a hundred days...

436
00:25:41.191 --> 00:25:43.542
never corrected by the League.

437
00:25:44.673 --> 00:25:48.634
And when the Wells report
is finally issued...

438
00:25:49.809 --> 00:25:52.463
although the accurate
information is there...

439
00:25:53.682 --> 00:25:56.859
it's largely buried in a story

440
00:25:56.903 --> 00:26:01.124
that had much more to do
with interpretation of texts

441
00:26:01.168 --> 00:26:03.474
than it had to do
with the science.

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00:26:03.518 --> 00:26:07.914
The effect we end up with is
that viewers remember

443
00:26:07.957 --> 00:26:10.220
what turns out to be
incorrect information.

444
00:26:10.264 --> 00:26:13.136
Not only was
misinformation leaked...

445
00:26:14.355 --> 00:26:16.966
but the Patriots
the very next day

446
00:26:17.010 --> 00:26:19.055
got an official letter
from the League.

447
00:26:20.056 --> 00:26:23.582
And the official letter from
the League was also wrong

448
00:26:23.625 --> 00:26:26.019
in terms of what
the Patriots were advised

449
00:26:26.672 --> 00:26:31.241
the PSI of the footballs had
measured. That letter from
a League official,

450
00:26:31.720 --> 00:26:35.985
said one of the balls
in fact had measured
as low as 10.1 PSI.

451
00:26:37.465 --> 00:26:41.295
Well, that turned out
to be false, that same letter
said that none of

452
00:26:41.338 --> 00:26:43.819
the Colts' balls that were
measured at halftime,

453
00:26:44.515 --> 00:26:47.431
and that letter didn't disclose
it, only four were measured...

454
00:26:48.432 --> 00:26:52.001
but the letter asserted, none of
the Colts' balls measured below
regulation.

455
00:26:53.873 --> 00:26:55.483
That also was incorrect.

456
00:26:56.571 --> 00:26:59.574
So, not only was the leaked
information wrong

457
00:26:59.618 --> 00:27:01.968
about the Patriots' footballs,

458
00:27:02.708 --> 00:27:05.711
but both the leaked
information and the official
letter from the League

459
00:27:05.754 --> 00:27:07.843
was wrong about
the Colts' balls.

460
00:27:08.714 --> 00:27:12.456
And unfortunately, what happens
with misinformation

461
00:27:13.022 --> 00:27:16.112
when it is not
corrected, is it takes
on a life of its own.

462
00:27:17.070 --> 00:27:19.942
So, people developed
across the country

463
00:27:20.595 --> 00:27:24.991
this view that there must
really be something wrong

464
00:27:25.034 --> 00:27:27.080
that happened here, because,
look, the Patriots' balls were

465
00:27:27.123 --> 00:27:29.473
significantly below regulation

466
00:27:30.170 --> 00:27:32.215
and all of the Colts' balls
were over-regulation.

467
00:27:32.259 --> 00:27:35.523
Outside of New England
when people hear,

468
00:27:35.566 --> 00:27:38.787
"Wow, those footballs
are more than two pounds
under underweight.

469
00:27:39.353 --> 00:27:41.311
They must have been doing
something to those footballs."

470
00:27:41.355 --> 00:27:44.010
You have to take a look at, to
what degree of cheating is it?

471
00:27:44.053 --> 00:27:47.883
And we still see people
talk about it as if it's true,
when in fact it isn't.

472
00:27:51.017 --> 00:27:52.845
[Andrew] Layer on top of that,

473
00:27:52.888 --> 00:27:55.151
the idea of
the confirmation bias.

474
00:27:55.195 --> 00:27:57.893
While we may think that we are

475
00:27:57.937 --> 00:28:01.854
sort of in an unbiased way,
weighing all the evidence,

476
00:28:01.897 --> 00:28:04.639
there are processes going on
in the background,

477
00:28:04.683 --> 00:28:07.729
or under the surface,
that we're not aware of

478
00:28:07.773 --> 00:28:10.427
that are leading us
to a particular conclusion.

479
00:28:10.471 --> 00:28:14.562
There's an element to this
of confirmation bias.

480
00:28:14.605 --> 00:28:17.347
Where people are going to
believe the thing that
they want to believe.

481
00:28:17.391 --> 00:28:21.090
People tend to process

482
00:28:21.134 --> 00:28:24.746
new information through the lens
of their existing attitudes.

483
00:28:24.790 --> 00:28:28.402
And people tend to give more

484
00:28:28.445 --> 00:28:31.622
attention to information
that confirms

485
00:28:31.666 --> 00:28:36.802
their existing attitudes,
and they tend to either ignore

486
00:28:36.845 --> 00:28:41.502
or discount or distort
information that disconfirms

487
00:28:41.545 --> 00:28:44.287
what they already believe.
Now, this is the reason that

488
00:28:44.331 --> 00:28:49.292
liberals tend to watch
MSNBC and conservatives
tend to watch Fox News,

489
00:28:49.336 --> 00:28:52.295
because if you're
a conservative and you see
a conservative treatment

490
00:28:52.339 --> 00:28:54.950
of the issues of the day,
that confirms

491
00:28:54.994 --> 00:28:58.519
your existing worldview.
Same is true for liberals.

492
00:28:58.562 --> 00:29:04.351
And it's just a much more
pleasurable experience to
encounter such information.

493
00:29:04.394 --> 00:29:07.702
It's really challenging
to encounter information

494
00:29:07.746 --> 00:29:11.227
that's-- disconfirms our
existing view of the world.

495
00:29:12.054 --> 00:29:15.492
The fact that the leak contained
incorrect information...

496
00:29:16.102 --> 00:29:18.539
in the fact that
it's a false leak designed,

497
00:29:18.582 --> 00:29:20.976
it appears, to make
the Patriots look guilty,

498
00:29:21.020 --> 00:29:24.327
would make Tom Brady conclude
that if he turns over his phone,

499
00:29:24.371 --> 00:29:28.505
information on that phone
could be leaked in ways that
make him look guilty as well.

500
00:29:32.031 --> 00:29:34.685
Whatever information
comes out first

501
00:29:34.729 --> 00:29:38.689
is going to sort of
create a baseline

502
00:29:38.733 --> 00:29:42.563
set of attitudes about
a particular incident,

503
00:29:43.085 --> 00:29:47.481
and then all subsequent
information that comes out
after that

504
00:29:47.524 --> 00:29:52.791
is going to be, in general,
is going to be processed
through the lens of

505
00:29:52.834 --> 00:29:56.011
the additives that
were established by
the initial information.

506
00:29:56.055 --> 00:29:58.797
In the press conference
immediately following,

507
00:29:58.840 --> 00:30:02.278
Belichick essentially said,
"I can't explain it."

508
00:30:02.975 --> 00:30:05.325
what was interesting about that
among other things is

509
00:30:05.368 --> 00:30:09.808
he never once raises
the possibility... that
the reason he can't explain it

510
00:30:09.851 --> 00:30:11.026
is because it isn't true.

511
00:30:13.289 --> 00:30:16.858
In other words.
He accepts, as given, the
figures as leaked by the NFL,

512
00:30:16.902 --> 00:30:20.209
which shows a remarkable trust,
and Brady's the same way.

513
00:30:20.253 --> 00:30:23.517
Nobody says at that point,
those figures have to be wrong.

514
00:30:24.387 --> 00:30:26.302
Nobody says it,
everyone accepts that.

515
00:30:26.825 --> 00:30:29.305
[George]
If you're going to cover
the League and this is not just

516
00:30:29.349 --> 00:30:32.918
a PSA, but this is
just 101, right?

517
00:30:33.483 --> 00:30:36.617
Your skepticism now with how you
engage the League office...

518
00:30:38.010 --> 00:30:40.142
on facts and...

519
00:30:41.927 --> 00:30:44.581
information has to be
at an all-time high.

520
00:30:44.625 --> 00:30:48.411
Certainly one thing that we
know from the political realm is

521
00:30:48.455 --> 00:30:51.284
if you say something
and try to control the story

522
00:30:51.327 --> 00:30:52.415
and you say it often enough...

523
00:30:54.635 --> 00:30:56.506
people actually start
to think that's the truth.

524
00:30:56.550 --> 00:30:59.596
Even if it's not, even if it's
not even close to the truth.

525
00:30:59.640 --> 00:31:03.252
Mark Twain said, "It's easier
to lie to people than it is
to convince them

526
00:31:03.296 --> 00:31:04.384
that they have been lied to.

527
00:31:06.125 --> 00:31:08.257
I first started
getting turned around

528
00:31:08.910 --> 00:31:10.912
when I read the Patriots'
response.

529
00:31:10.956 --> 00:31:13.567
Ah, let's see what--
let's see what the Patriots

530
00:31:13.610 --> 00:31:16.309
have the nerve
to try to defend themselves.

531
00:31:16.352 --> 00:31:17.658
Come on, you're caught,
just admit it.

532
00:31:19.616 --> 00:31:21.618
And I start reading
the Patriots' response,

533
00:31:21.662 --> 00:31:24.230
which was drafted
by Daniel Goldberg,

534
00:31:24.795 --> 00:31:26.362
who was the Patriots' lawyer.

535
00:31:28.321 --> 00:31:30.627
And he starts pointing out
something, some things
that are very troubling.

536
00:31:32.499 --> 00:31:34.240
And that don't make sense.

537
00:31:35.328 --> 00:31:39.419
You know, I had this image
of the guy sneaking the balls.

538
00:31:40.637 --> 00:31:45.251
He points out, here's this
big guy with two sacks of
footballs over his shoulder,

539
00:31:45.294 --> 00:31:50.604
the ball locker room attendant,
walks out within full view
of everybody.

540
00:31:50.647 --> 00:31:51.648
Nobody stops him.

541
00:31:53.868 --> 00:31:56.305
Yes, he goes into
a bathroom for 100 seconds,

542
00:31:56.349 --> 00:31:58.307
but the bathroom is on
the way to the field.

543
00:31:59.482 --> 00:32:01.789
And he's not allowed to leave
the field for the whole
first half.

544
00:32:03.617 --> 00:32:05.575
[Jim] With playoff football,

545
00:32:05.619 --> 00:32:07.969
I mean, there's a lot more
people that are in the,

546
00:32:08.013 --> 00:32:10.580
uh, the official's area.

547
00:32:10.624 --> 00:32:15.324
Um, there's a lot more
intensity, a lot more hype
for playoff football.

548
00:32:15.368 --> 00:32:19.850
Just a lot more people
from the League office are down
there, security, etc..

549
00:32:19.894 --> 00:32:23.985
So, I mean, it's typical playoff
football that, uh, a lot of
people in the locker room.

550
00:32:24.029 --> 00:32:27.684
If it was so unusual
for him to do it,

551
00:32:27.728 --> 00:32:29.991
carry the two bags of
balls over his shoulders.

552
00:32:30.035 --> 00:32:33.212
How come he passed by dozens
of officials and no one
stopped him?

553
00:32:33.255 --> 00:32:37.259
How come he did it again going
back in after halftime
and nobody stopped him?

554
00:32:37.303 --> 00:32:41.133
A, B. 100 seconds,
the rush, why?

555
00:32:41.176 --> 00:32:43.918
The NFL game had
gone into overtime, the NFL--

556
00:32:43.962 --> 00:32:46.877
NFC Championship game,
which everyone was watching
on TV had gone into overtime.

557
00:32:46.921 --> 00:32:49.880
He had more than--
he had plenty of time,
why rush it in 100 seconds?

558
00:32:49.924 --> 00:32:52.144
Because if you over deflate
a ball, it gets too soft,

559
00:32:52.187 --> 00:32:54.233
can you imagine
if he had stopped with,

560
00:32:54.711 --> 00:32:58.759
they issued false figures,
they withheld them for us
for eight weeks,

561
00:32:59.281 --> 00:33:02.893
they only gave them to us
on condition that
we not release them

562
00:33:02.937 --> 00:33:04.939
until they release
the Wells report.

563
00:33:04.983 --> 00:33:06.723
And then goes through the
science that they went through.

564
00:33:06.767 --> 00:33:08.551
How science fully explains:

565
00:33:08.595 --> 00:33:11.380
A, the drop in pressure
of the Patriots' balls.

566
00:33:11.424 --> 00:33:14.253
And, B, the greater drop in
pressure of the Patriots' balls

567
00:33:14.296 --> 00:33:16.559
as against the Colts' balls,
and stop there.

568
00:33:17.125 --> 00:33:18.561
The press would have gone wild.

569
00:33:20.172 --> 00:33:22.435
And then the sentiment would
have built and built and built

570
00:33:22.478 --> 00:33:25.786
of the innocence getting
screwed by the League.

571
00:33:25.829 --> 00:33:29.050
Instead, he talked about the
deflator of the interpretation,

572
00:33:29.094 --> 00:33:31.574
which may even be accurate,
but it wasn't plausible.

573
00:33:32.488 --> 00:33:36.579
You know, the ancient sophists
knew that we value the plausible
more than the true.

574
00:33:36.623 --> 00:33:38.581
So it might have been true,
but it wasn't plausible.

575
00:33:38.625 --> 00:33:41.149
And of course it was the subject
of mirth and merriment

576
00:33:41.193 --> 00:33:44.065
and it sucked
all the attention from
the media, right to that,

577
00:33:44.109 --> 00:33:48.809
became this butt of jokes.
And late-night TV,
that became the headline,

578
00:33:48.852 --> 00:33:51.290
and everyone forgot
the attack on the science.

579
00:33:51.333 --> 00:33:54.032
♪ To me those balls
are perfect ♪

580
00:33:54.597 --> 00:33:57.165
♪ I can only speak for myself

581
00:33:57.209 --> 00:34:01.561
♪ I don't want anyone touching
the balls, rubbing the balls ♪

582
00:34:01.604 --> 00:34:03.737
♪ To me those balls
are perfect ♪

583
00:34:04.346 --> 00:34:06.653
A guy named Tommy told me
that one of the balls
had a genie in it.

584
00:34:07.262 --> 00:34:09.656
I just take a little bit of
air out of most of them.

585
00:34:09.699 --> 00:34:12.179
Deflated those balls.
Don't believe me go.

586
00:34:12.224 --> 00:34:13.312
I love you, Touchdown Tommy.

587
00:34:15.444 --> 00:34:16.402
It was me.

588
00:34:16.445 --> 00:34:18.926
As brilliant as his counter was,

589
00:34:18.969 --> 00:34:21.536
Dan Goldberg's,
and it was, in my view,

590
00:34:21.581 --> 00:34:26.020
it converted me, but it went on
to characterize the texts,

591
00:34:26.063 --> 00:34:29.937
especially the infamous McNally
calling himself the deflator.

592
00:34:29.980 --> 00:34:32.199
[Jerry]
Couple things about
the deflator text: one,

593
00:34:32.244 --> 00:34:37.987
it was in May of 2014. In the
middle of the lowest part of the

594
00:34:38.032 --> 00:34:43.646
off-season, one idiot sends
a text to some other idiot
calling himself the deflator,

595
00:34:43.690 --> 00:34:46.954
somehow that proves
that Tom Brady conspired

596
00:34:46.996 --> 00:34:50.610
with these guys to take
air out of a football
the following January?

597
00:34:50.652 --> 00:34:53.743
There was no other deflator
text within the--

598
00:34:53.786 --> 00:34:55.876
Right. So, you got May, 2014.

599
00:34:55.918 --> 00:34:58.357
The game is in January, 2015.

600
00:34:59.140 --> 00:35:03.144
There are no deflator text
in the interim,
you know, part of the reason why

601
00:35:03.188 --> 00:35:05.190
we find the deflator text
so meaningful...

602
00:35:06.060 --> 00:35:08.323
is that the name of this
controversy is Deflategate.

603
00:35:09.585 --> 00:35:11.718
Right. It seems like a big deal,

604
00:35:11.761 --> 00:35:13.676
because it's the same word.

605
00:35:13.720 --> 00:35:16.853
Countering that,
counterbalancing that,
in my view...

606
00:35:18.203 --> 00:35:19.639
was the text
that never happened.

607
00:35:21.423 --> 00:35:24.339
That was, if you remember
after the Jets game,

608
00:35:25.035 --> 00:35:27.168
Brady complained about
the footballs,

609
00:35:27.212 --> 00:35:28.169
that they felt like bricks.

610
00:35:29.301 --> 00:35:31.259
And then the next morning...

611
00:35:32.608 --> 00:35:36.177
[Robert] But-- Jastremski,
the equipment manager,
assistant equipment manager

612
00:35:36.221 --> 00:35:38.484
confirms it,
that Brady was right.

613
00:35:38.962 --> 00:35:42.096
Because he measured
the PSI in the footballs

614
00:35:42.140 --> 00:35:43.880
and they were measuring at 16,

615
00:35:44.403 --> 00:35:46.318
which is way
above the legal maximum.

616
00:35:48.102 --> 00:35:51.105
And what's interesting
is in their exchange.

617
00:35:51.149 --> 00:35:53.803
He says, "The refs fucked us."

618
00:35:55.457 --> 00:35:58.460
What he doesn't say
is what's so revealing.

619
00:35:58.504 --> 00:36:02.464
He doesn't say, "Hey, McNally,
buddy boy, do your job."

620
00:36:02.508 --> 00:36:04.814
If there was
an ongoing scheme...

621
00:36:06.251 --> 00:36:10.516
I can't imagine why Jastremski
wouldn't have said to McNally,

622
00:36:11.125 --> 00:36:14.476
"Not the refs fucked us,
but you fucked up."

623
00:36:14.520 --> 00:36:17.392
That's the most persuasive text
in my view. It's a non text.

624
00:36:21.962 --> 00:36:26.488
They've had this sort of series
of public relations

625
00:36:26.532 --> 00:36:30.971
crises in terms of
the domestic violence problem,

626
00:36:31.014 --> 00:36:36.368
that Adrian Peterson video,
you know, the New Orleans Saints
with the Bountygate, that

627
00:36:36.411 --> 00:36:42.722
concussions and
long-term health impacts of
repeated concussions' issue.

628
00:36:42.765 --> 00:36:44.941
[news reporter 1]
The NFL attempted to
derail a concussion

629
00:36:44.985 --> 00:36:47.248
study, according to
a Congressional Report.

630
00:36:47.292 --> 00:36:49.990
[news reporter 2]
A scathing Congressional
Report issued today,

631
00:36:50.033 --> 00:36:52.949
says the NFL improperly
sought to influence

632
00:36:52.993 --> 00:36:55.778
a major Government
research study into the link

633
00:36:55.822 --> 00:36:57.954
between football
and brain disease.

634
00:36:58.607 --> 00:37:02.132
The League did not carry out
its commitment to respect
the science

635
00:37:02.176 --> 00:37:04.047
and prioritize
health and safety.

636
00:37:04.091 --> 00:37:07.181
[George]
DeMaurice Smith was
elected Executive Director

637
00:37:07.225 --> 00:37:08.835
of the NFLPA in 2009.

638
00:37:08.878 --> 00:37:10.619
One of the first...

639
00:37:11.620 --> 00:37:15.624
things that we started
to recognize

640
00:37:15.668 --> 00:37:20.150
and he really started
to realize then, was this

641
00:37:20.194 --> 00:37:23.415
shady science around
the issue of concussions.

642
00:37:24.546 --> 00:37:29.943
The NFL has been
accused of not turning over

643
00:37:29.986 --> 00:37:33.468
all relevant information
related to concussions.

644
00:37:33.512 --> 00:37:39.866
And of course there was
the scientific finding of CTE
as a neurological condition.

645
00:37:39.909 --> 00:37:43.957
And for many it started
to draw an eerie parallel

646
00:37:44.479 --> 00:37:47.047
to another industry,
the tobacco industry.

647
00:37:47.090 --> 00:37:49.397
[Robert]
This may be the whole
explanation for Deflategate.

648
00:37:49.441 --> 00:37:52.574
I'd sometimes believe that
Deflategate was something that

649
00:37:52.618 --> 00:37:57.057
the NFL was delighted about,
because it diverted attention

650
00:37:57.100 --> 00:38:00.321
from their existential threat,
which is CTE,

651
00:38:00.365 --> 00:38:02.323
which is the brain damage.

652
00:38:02.367 --> 00:38:06.240
The evidence for which is now
overwhelming and irrefutable.

653
00:38:06.284 --> 00:38:08.634
It faces an existential
crisis right now.

654
00:38:08.677 --> 00:38:10.418
Recent research

655
00:38:10.462 --> 00:38:13.073
has revealed beyond any doubt,

656
00:38:13.116 --> 00:38:15.815
of course, that it causes
brain damage and has in--

657
00:38:15.858 --> 00:38:20.167
in more than 110 autopsies.

658
00:38:20.210 --> 00:38:23.257
Now, these weren't randomly
selected. They were of play--

659
00:38:23.301 --> 00:38:25.477
former players who had
shown signs of dementia.

660
00:38:26.391 --> 00:38:28.697
Some of whom had
committed suicide, etc.

661
00:38:28.741 --> 00:38:33.354
And now the most recent research
is showing not only college
football players

662
00:38:33.398 --> 00:38:36.923
and high school football
players, but Pop Warner League,
youth football players.

663
00:38:36.966 --> 00:38:42.363
We had some concerns about,
in particular, the way that
they were engaged

664
00:38:42.407 --> 00:38:44.974
with one. Dr. Bennet Omalu,
for example,

665
00:38:45.018 --> 00:38:47.847
whose studies were
not just ignored,

666
00:38:47.890 --> 00:38:50.110
but they were actively
suppressed.

667
00:38:50.632 --> 00:38:54.897
By a group of quote-unquote
doctors at the League office

668
00:38:54.941 --> 00:38:57.291
who were not interested
in the truth.

669
00:38:58.205 --> 00:39:00.773
At war with one of the biggest
corporations in the world.

670
00:39:00.816 --> 00:39:01.948
Bennet!

671
00:39:01.991 --> 00:39:04.211
[dramatic music]

672
00:39:04.254 --> 00:39:06.169
There was a rheumatologist
named Elliot Pellman,

673
00:39:06.213 --> 00:39:08.520
who was the team doctor for
the Jets for many years,

674
00:39:08.563 --> 00:39:12.350
who was placed on
the NFL's concussion board,

675
00:39:12.393 --> 00:39:14.700
someone who didn't have
any experience in head trauma,

676
00:39:14.743 --> 00:39:17.006
but had a lot of experience
in protecting

677
00:39:17.050 --> 00:39:18.791
teams and in protecting
the League.

678
00:39:18.834 --> 00:39:22.055
You maybe know that if a player

679
00:39:22.098 --> 00:39:24.013
gets hit in the head, he's got
to go through the protocols.

680
00:39:24.057 --> 00:39:26.625
Well, we advocated for that.

681
00:39:26.668 --> 00:39:28.583
[Michael]
It eventually led to

682
00:39:28.627 --> 00:39:31.107
a series of lawsuits
against the NFL

683
00:39:31.151 --> 00:39:32.631
brought by retired players.

684
00:39:32.674 --> 00:39:35.198
The Union agreed to

685
00:39:35.242 --> 00:39:38.288
having players arbitrate
their health plans

686
00:39:38.332 --> 00:39:40.290
before they can go to court.

687
00:39:40.334 --> 00:39:43.424
And that ends up being
a major reason

688
00:39:43.903 --> 00:39:46.558
why the players
accepted a settlement
in the concussion litigation.

689
00:39:46.601 --> 00:39:50.170
That a lot of people
would say isn't enough,
because had they gone

690
00:39:50.213 --> 00:39:52.651
to court, had they rejected the
settlement and gone to court,

691
00:39:52.694 --> 00:39:54.304
there's a really good chance
they would have lost.

692
00:39:54.348 --> 00:39:57.177
We've had some tough cases
over the last few years

693
00:39:57.220 --> 00:39:59.179
to defend publicly.

694
00:39:59.222 --> 00:40:03.357
Dog-fighting, gambling, uh,
issues of bullying,

695
00:40:03.401 --> 00:40:06.316
drug abuse,
spousal abuse, child abuse.

696
00:40:06.360 --> 00:40:09.450
I mean, a lot of the players
have been in a lot of hot water.

697
00:40:09.494 --> 00:40:11.452
Collective bargaining
is effective

698
00:40:11.496 --> 00:40:14.803
because both
parties understand...

699
00:40:15.717 --> 00:40:17.458
what the agreement says.

700
00:40:18.938 --> 00:40:22.332
The language is jointly

701
00:40:23.246 --> 00:40:28.164
worked on, it's jointly agreed
upon and it's fully transparent.

702
00:40:28.208 --> 00:40:31.864
The NFL has been criticized
for being inconsistent

703
00:40:31.907 --> 00:40:35.476
about how it treats
and punishes players

704
00:40:35.520 --> 00:40:40.612
that have been
accused of committing some
type of domestic violence act.

705
00:40:40.655 --> 00:40:44.006
And this traces back
to various points,

706
00:40:44.050 --> 00:40:46.966
but one of them would be
the Ray Rice controversy.

707
00:40:47.009 --> 00:40:51.492
In 2014, Ray Rice was caught

708
00:40:51.536 --> 00:40:54.364
on film inside an elevator

709
00:40:54.408 --> 00:40:57.367
in Atlantic City punching
his then-girlfriend,

710
00:40:57.411 --> 00:40:59.239
Janay Palmer, in the face.

711
00:40:59.282 --> 00:41:01.720
She was knocked out
and then he dragged

712
00:41:01.763 --> 00:41:04.374
her body, unconscious body
out of the elevator.

713
00:41:04.418 --> 00:41:07.508
And the first reaction
that you have when you see

714
00:41:07.552 --> 00:41:09.989
the video play out is,
"This is shocking."

715
00:41:10.032 --> 00:41:13.471
The facts of what had happened

716
00:41:13.514 --> 00:41:15.995
had already been spelled out in
a police report that came out in

717
00:41:16.038 --> 00:41:18.258
April of that year,
but it wasn't until September

718
00:41:18.301 --> 00:41:19.825
that the video was released.

719
00:41:19.868 --> 00:41:23.219
And when the video was
released, there was outrage.

720
00:41:23.263 --> 00:41:27.180
How is it that this player
could knock out a woman

721
00:41:27.223 --> 00:41:28.964
and get two games
as a suspension.

722
00:41:29.008 --> 00:41:33.534
Now, two games was the usual
kind of suspension for this.

723
00:41:33.578 --> 00:41:36.276
But to see it was a completely
different thing for people.

724
00:41:36.319 --> 00:41:38.408
There were sponsors that
threatened to pull money.

725
00:41:38.452 --> 00:41:41.281
I mean, Budweiser and Pepsi
came out

726
00:41:41.324 --> 00:41:43.936
and issued public statements
saying that

727
00:41:43.979 --> 00:41:45.851
the NFL needs to get--
get its house in order.

728
00:41:45.894 --> 00:41:48.462
You have a beer company coming
out and saying that

729
00:41:48.506 --> 00:41:52.248
the NFL needs to get its house
in order on this issue.

730
00:41:52.292 --> 00:41:57.558
And so, the NFL had to listen,
because here's this whole
pool of revenue

731
00:41:57.602 --> 00:42:01.127
that's threatening to go away
if they can't address
this issue.

732
00:42:01.170 --> 00:42:04.347
Our Union is there
to make sure that the process

733
00:42:04.391 --> 00:42:07.394
of the CBA
is adhered to properly,

734
00:42:07.437 --> 00:42:09.657
that they have their
full set of rights.

735
00:42:10.310 --> 00:42:14.401
Um, not for the end result
of trying to get their
fine reduced,

736
00:42:14.836 --> 00:42:18.579
but to make sure that they've
had their fair due process

737
00:42:18.623 --> 00:42:20.842
from the time they get
the disciplinary letter,

738
00:42:20.886 --> 00:42:24.237
to the time that that
incident gets adjudicated.

739
00:42:24.280 --> 00:42:28.067
Roger Goodell
handled it appropriately,

740
00:42:28.110 --> 00:42:32.854
because he turned
a two-game suspension
into an indefinite suspension.

741
00:42:33.507 --> 00:42:36.162
So, he basically double
punished Ray Rice.

742
00:42:36.205 --> 00:42:39.774
The NFL sort of ignored
what the collective bargaining

743
00:42:39.818 --> 00:42:44.257
agreement had said about
how to manage these cases.

744
00:42:44.300 --> 00:42:48.522
Again, not focusing
on the conduct,

745
00:42:48.957 --> 00:42:55.094
but focusing on the precedent
and the contract that we have
with the leak.

746
00:42:55.573 --> 00:43:00.229
So, we step in,
we file a grievance on
the player's behalf.

747
00:43:00.273 --> 00:43:04.364
We challenge, um,
the indefinite suspension

748
00:43:04.407 --> 00:43:08.803
and the second, um,
wave of discipline

749
00:43:08.847 --> 00:43:10.675
that the League office
imposed on Ray.

750
00:43:10.718 --> 00:43:13.373
Ray Rice was guilty
of domestic violence.

751
00:43:13.416 --> 00:43:17.943
Everyone knows it,
a video shows it, he went
through the legal system.

752
00:43:18.552 --> 00:43:21.860
And yet, he still won
his appeal with the NFL.

753
00:43:22.556 --> 00:43:25.864
and that's because the NFL
made a procedural mistake.

754
00:43:25.907 --> 00:43:28.954
It punished him twice
for the same thing.

755
00:43:28.997 --> 00:43:30.477
And you can't do that
in the NFL.

756
00:43:30.520 --> 00:43:32.653
There's a rule under Article 46

757
00:43:32.697 --> 00:43:34.916
that forbids double punishment.

758
00:43:34.960 --> 00:43:41.793
We won that case
because the NFL acted
unilaterally and ignored,

759
00:43:42.576 --> 00:43:46.275
um, the binding principles,

760
00:43:46.319 --> 00:43:49.452
um, we have in our collective
bargaining agreement.

761
00:43:49.975 --> 00:43:52.064
Now, why do you think Goodell
dragged this out so much?

762
00:43:52.107 --> 00:43:53.892
Roger Goodell's kind of
in a tough situation

763
00:43:53.935 --> 00:43:55.545
with some of the suspensions
he made in the past.

764
00:43:55.589 --> 00:43:58.940
So, basically you just
suspend the most hated player.

765
00:43:58.984 --> 00:44:01.769
You get some more fan support,
some ownership support.

766
00:44:01.813 --> 00:44:04.554
Context matters. This follows...

767
00:44:06.208 --> 00:44:09.168
Goodell losing
the Ray Rice case,

768
00:44:09.211 --> 00:44:14.477
this follows Goodell being
rejected, repudiated

769
00:44:14.521 --> 00:44:17.002
by his old boss, Paul Tagliabue,

770
00:44:17.045 --> 00:44:22.050
who ruled that the suspensions
again Saints players, including
Jonathan Vilma,

771
00:44:22.094 --> 00:44:26.751
in the Bountygate controversy,
were not appropriate.

772
00:44:26.794 --> 00:44:30.929
So, I think at this point
Goodell thought,
"I need to really show

773
00:44:30.972 --> 00:44:36.064
that I'm in control,
that I'm able to execute
a function of my job.

774
00:44:36.717 --> 00:44:38.719
And one of those functions
is player discipline.

775
00:44:39.415 --> 00:44:43.681
So I think Goodell
probably viewed this
as an opportunity to say,

776
00:44:43.724 --> 00:44:46.292
"I'm going to tell the world.
I'm actually in charge."

777
00:44:46.335 --> 00:44:50.122
Roger Goodell is a guy
who has lied to the world

778
00:44:50.165 --> 00:44:54.169
about wife-beaters. He's lied
to the world about concussions,

779
00:44:54.213 --> 00:44:57.390
and yet somehow he comes up with
this stupid Deflategate thing

780
00:44:57.433 --> 00:44:59.435
that doesn't add up,
and the whole world goes,

781
00:44:59.479 --> 00:45:01.568
"Well, he's got to be telling
the truth this time."

782
00:45:01.611 --> 00:45:05.050
You know, they're a motivated
actor managing a brand worth
billions of dollars.

783
00:45:05.093 --> 00:45:07.879
They know attentional
space is finite.

784
00:45:08.836 --> 00:45:11.186
There's been a lot of
negative information,

785
00:45:11.230 --> 00:45:15.016
a lot of negative attention,

786
00:45:15.060 --> 00:45:17.236
you know, scapegoating
is a strategy

787
00:45:17.279 --> 00:45:19.804
as old as human history, right?

788
00:45:19.847 --> 00:45:25.287
If you can, sort of,
direct that negative attention
at a particular individual,

789
00:45:25.331 --> 00:45:29.422
uh, that's-- that can often be
a way to take it off of
the larger organization

790
00:45:29.465 --> 00:45:30.902
or the brand.

791
00:45:30.945 --> 00:45:33.905
Um, so, I think that
holds some sway.

792
00:45:34.993 --> 00:45:37.735
Okay, and why do you think
Goodell dragged
the issue out so much?

793
00:45:38.213 --> 00:45:40.172
I think to deface the Patriots.

794
00:45:40.215 --> 00:45:43.175
I think they've been
such a, um, a strong

795
00:45:43.218 --> 00:45:47.657
franchise for so long,
and I think other owners
and other teams are jealous.

796
00:45:47.701 --> 00:45:52.010
This business of leveling the
playing field in the NFL has
been pretty effective

797
00:45:52.053 --> 00:45:56.449
for the most part. Teams are
able to build fast and, you
know, when they get successful

798
00:45:56.492 --> 00:46:00.148
it's hard to stay on top.
And the Patriots have been
the outlier.

799
00:46:00.192 --> 00:46:06.372
The Patriots' consistent
victories over the 15 years
were very bad for business.

800
00:46:07.329 --> 00:46:11.725
They obscured two larger
markets, New York and Miami.

801
00:46:11.769 --> 00:46:14.902
They essentially--
Brady's continuous stardom...

802
00:46:16.208 --> 00:46:18.863
eclipsed otherwise rising stars.

803
00:46:18.906 --> 00:46:22.910
Belichick created this template
for sustained success.

804
00:46:22.954 --> 00:46:26.566
And it's not about spending
a ton of money on a few
superstars.

805
00:46:26.609 --> 00:46:30.875
It's about building this deep
middle class on the team.

806
00:46:30.918 --> 00:46:33.703
Part of the reason
he's been able to maintain that

807
00:46:33.747 --> 00:46:38.665
is because Brady hasn't
held them financially
over a barrel.

808
00:46:38.708 --> 00:46:41.189
Why do you think Goodell
dragged the issue out so much?

809
00:46:42.277 --> 00:46:44.976
Um, to tell you the truth,
I think it was

810
00:46:45.628 --> 00:46:48.762
a lot to do with
the previous scandal in, um,

811
00:46:48.806 --> 00:46:52.374
how they were spying
in the Super Bowl. And he kind
of wanted to send a message

812
00:46:52.418 --> 00:46:55.508
with this to all the other
owners, that the Patriots,

813
00:46:55.551 --> 00:46:57.684
if they get caught
with anything else...

814
00:46:58.554 --> 00:47:01.819
then he's really gonna
throw the hammer down on them.
And I think he did.

815
00:47:02.384 --> 00:47:04.996
Maybe one interpretation
of Deflategate is that
the whole thing

816
00:47:05.039 --> 00:47:06.954
may be understood
as a makeup call.

817
00:47:06.998 --> 00:47:11.524
There were a couple of really
powerful long-form pieces.

818
00:47:12.307 --> 00:47:15.876
Most notably ESPN,
the Magazine's piece

819
00:47:15.920 --> 00:47:18.139
with Don Van Natta
and Seth Wickersham.

820
00:47:18.183 --> 00:47:21.403
ESPN is now reporting
that the scandal
and the drama that ensued

821
00:47:21.447 --> 00:47:23.623
was deeply intertwined
with Spygate.

822
00:47:23.666 --> 00:47:27.409
You asked at the-- at the
outset, "Well, what motivated--
what got this started?"

823
00:47:27.453 --> 00:47:32.153
And I think, after the game
itself, certain League
officials were already

824
00:47:32.197 --> 00:47:33.938
saying to the Patriots,

825
00:47:33.981 --> 00:47:36.070
"Oh, you're in trouble,
you've been cheating."

826
00:47:36.114 --> 00:47:39.595
Then they hire investigators
and they pay millions
of dollars to them.

827
00:47:40.379 --> 00:47:44.731
There's almost becomes a certain
inevitability that they better
find something went on

828
00:47:44.774 --> 00:47:46.951
that was amiss here. Otherwise,
they're going to look foolish.

829
00:47:52.347 --> 00:47:56.612
"What does this have to do with
football?" That's an obvious

830
00:47:56.656 --> 00:47:58.136
and awful question.

831
00:47:59.137 --> 00:48:01.704
First, you know,
I live outside of Baltimore.

832
00:48:02.270 --> 00:48:06.231
I have lots of friends
in New England that are
die hard Patriots fans.

833
00:48:06.274 --> 00:48:11.497
And my brother-in-law is
a die-hard Patriots fan,
and it drives me insane.

834
00:48:11.540 --> 00:48:16.458
All right? I'm a casual observer
of NFL football

835
00:48:16.502 --> 00:48:18.808
and I despise the Patriots,

836
00:48:18.852 --> 00:48:22.812
and I really don't watch
a lot of football, but, boy,
I just can't stand them.

837
00:48:22.856 --> 00:48:27.165
But I'll tell you,
when the whole scandal came out,

838
00:48:27.208 --> 00:48:31.038
my initial response was,
"Oh, great. They finally
caught them cheating."

839
00:48:31.082 --> 00:48:36.304
And then I see that the report
is authored by Exponent.

840
00:48:36.914 --> 00:48:42.093
And my conclusion,
immediately, without ever
having read it was,

841
00:48:42.136 --> 00:48:45.879
if they had to go to Exponent.
They must really not have
a whole lot of evidence.

842
00:48:45.923 --> 00:48:52.494
As somebody that-- that has
spent the better part of
two decades, um, addressing...

843
00:48:53.582 --> 00:48:58.109
science for hire,
and coming across the same
organizations over and over...

844
00:48:58.848 --> 00:49:03.375
I found it extremely interesting

845
00:49:03.418 --> 00:49:08.032
that the NFL chose Exponent,
uh, to write the report

846
00:49:08.075 --> 00:49:12.123
and that they didn't go to one
of the academics that then
subsequently lined up

847
00:49:12.166 --> 00:49:13.863
to criticize
the Exponent report.

848
00:49:14.386 --> 00:49:18.129
what it provides us with
is an excellent opportunity

849
00:49:18.172 --> 00:49:22.307
for anybody that
likes football, right?

850
00:49:22.350 --> 00:49:29.053
To have a little peek under
the covers as to the incredibly
vast and wide

851
00:49:29.096 --> 00:49:33.057
reaching influence of science
for hire in our society.

852
00:49:33.100 --> 00:49:37.539
I mean, this isn't just
scientists disputing the link

853
00:49:37.583 --> 00:49:41.282
between chromium 6 pollution
in Hinkley, California,

854
00:49:41.326 --> 00:49:44.720
which was the subject of
the Erin Brockovich movie,
which is actually based

855
00:49:44.764 --> 00:49:47.027
on a real lawsuit, right?

856
00:49:47.071 --> 00:49:52.467
It's not just about people
who are exposed
to asbestos decades ago.

857
00:49:52.511 --> 00:49:57.995
Anybody who likes nachos and
beer and likes to watch the NFL,

858
00:49:58.038 --> 00:50:03.913
can look at this and say this is
a railroad job, you know,
this isn't science.

859
00:50:03.957 --> 00:50:09.832
And this is affecting now,
you know, with all apologies to
baseball, our national pastime.

860
00:50:09.876 --> 00:50:14.141
So whether you like
the Patriots and you're pissed
off that Brady had to sit

861
00:50:14.185 --> 00:50:17.362
out a bunch of games, or whether
you hate them and you thought,

862
00:50:17.405 --> 00:50:21.018
"Well, they're going to get
theirs now." Your life has now
been affected by this,

863
00:50:21.061 --> 00:50:22.758
in a way that's concrete.

864
00:50:24.238 --> 00:50:26.719
[Jim]
Houston has a lot of oil
refineries and chemical plants,

865
00:50:26.762 --> 00:50:29.417
if you've ever been there.
It's a huge industrial complex.

866
00:50:29.983 --> 00:50:33.160
So when I was there in the '90s,
I got really interested in this

867
00:50:33.204 --> 00:50:37.817
'cause I felt that a lot of
these workers were sort of
being, you know, forgotten.

868
00:50:37.860 --> 00:50:41.864
They would put in 20, 30
years at some oil refinery

869
00:50:41.908 --> 00:50:45.085
or some petrochemical plant
and then they'd get leukemia

870
00:50:45.129 --> 00:50:47.696
or they'd get some other
cancer that was known

871
00:50:47.740 --> 00:50:52.310
to be caused by chemical--
chemical exposure,
and they would die at 55

872
00:50:52.353 --> 00:50:56.575
Or die at 60, you know,
having been loyal to their
company for all those decades.

873
00:50:57.228 --> 00:51:00.100
And nobody seemed to really,
you know, care about
these people.

874
00:51:00.144 --> 00:51:02.755
So, that's when I started
to get interested in this.

875
00:51:02.798 --> 00:51:05.801
We've won probably
three dozen awards

876
00:51:05.845 --> 00:51:08.804
on my team since
I came back here in 2010.

877
00:51:09.327 --> 00:51:13.200
And so just a sort of general
knowledge of how things worked

878
00:51:13.244 --> 00:51:16.725
led me to a story about
how Ford Motor Company,

879
00:51:17.248 --> 00:51:22.296
uh, which like a lot of--
which like all the major
car manufacturers

880
00:51:22.340 --> 00:51:25.604
used asbestos brakes
for many, many years,

881
00:51:25.647 --> 00:51:27.910
well into the--
I think '80s and '90s.

882
00:51:27.954 --> 00:51:31.740
Unbeknownst to most of us
in our-- in our--
in our country,

883
00:51:31.784 --> 00:51:33.568
there is an enormous industry.

884
00:51:33.612 --> 00:51:36.354
I would refer to it
as product defense science.

885
00:51:36.397 --> 00:51:41.794
The example most people are
familiar with is the toba--
the tobacco industry's efforts

886
00:51:41.837 --> 00:51:46.320
to create doubt regarding
the nature and extent of
the dangers of cigarettes.

887
00:51:48.105 --> 00:51:50.803
I believe that nicotine
is not addictive.

888
00:51:51.456 --> 00:51:54.154
And I too believe that
nicotine is not addictive.

889
00:51:54.198 --> 00:51:56.113
Company X makes
a certain product.

890
00:51:56.156 --> 00:51:59.246
Let's say a chemical,
it's being sued.

891
00:51:59.855 --> 00:52:04.164
It's being hit with a lot of
lawsuits from workers
or consumers or whatever.

892
00:52:04.208 --> 00:52:08.299
Or, uh, its product
is being looked at
for stricter regulation

893
00:52:08.342 --> 00:52:11.171
or even banning by the EPA

894
00:52:11.215 --> 00:52:13.652
or the FDA or the consumer
product safety commission.

895
00:52:13.695 --> 00:52:16.698
I need to have experts,
I need to have expert
witnesses in court.

896
00:52:16.742 --> 00:52:19.223
I need to have expert
witnesses who can
give depositions

897
00:52:19.266 --> 00:52:22.008
or testify before the EPA.

898
00:52:22.051 --> 00:52:25.490
And it's sort of the--
in my opinion,
the reverse scientific method,

899
00:52:25.533 --> 00:52:28.580
scientists following the
scientific method come up with

900
00:52:28.623 --> 00:52:32.540
a hypothesis, they collect
all the data and they see
where the data leads.

901
00:52:32.584 --> 00:52:33.889
Science for hire...

902
00:52:35.152 --> 00:52:36.588
does the reverse of that.

903
00:52:38.242 --> 00:52:40.896
There's a preordained conclusion
that they're hoping to get to,

904
00:52:41.375 --> 00:52:44.378
they then assemble
the information in the way that

905
00:52:44.422 --> 00:52:48.556
supports that conclusion
and figure out ways
to explain away the evidence

906
00:52:48.600 --> 00:52:50.297
that doesn't support
the conclusion.

907
00:52:50.341 --> 00:52:53.518
In doing that,
they can follow...

908
00:52:55.346 --> 00:52:58.175
scientific methods
throughout the process

909
00:52:58.784 --> 00:53:01.874
and yet guarantee a result
that favors the patron.

910
00:53:01.917 --> 00:53:05.094
I'm going to go to Exponent.
I'm going to go to Chem Risk.

911
00:53:05.138 --> 00:53:08.924
I'm going to go to Gradient
because, frankly, I know
what I'm going to get.

912
00:53:08.968 --> 00:53:10.665
There aren't going
to be any surprises.

913
00:53:10.709 --> 00:53:12.493
You know, I'm not going to have

914
00:53:12.537 --> 00:53:15.192
a scientist come back to me
six months later and say,

915
00:53:15.235 --> 00:53:18.064
"Oh, I'm sorry, but your product
really does cause cancer."

916
00:53:18.107 --> 00:53:21.328
But this is happening
not just with tobacco,
it's happening with asbestos,

917
00:53:21.372 --> 00:53:24.679
with pesticides, with lead,
with petroleum products,

918
00:53:24.723 --> 00:53:27.943
with petroleum additives,
with plastics,

919
00:53:27.987 --> 00:53:32.383
you name it. If there are
concerns about health hazards,

920
00:53:32.426 --> 00:53:36.778
there are scientists who are
being hired by the industries,
creating or using

921
00:53:36.822 --> 00:53:40.391
those health hazards,
that have been hired
to minimize those dangers.

922
00:53:40.434 --> 00:53:43.524
And-- and that's what I would
refer to as science for hire.

923
00:53:43.568 --> 00:53:48.181
If you're the power industry
and people are concerned about
particulate emissions

924
00:53:48.225 --> 00:53:50.966
from smokestacks,
from power plants causing asthma

925
00:53:51.010 --> 00:53:53.708
or respiratory problems
downwind of the power plants.

926
00:53:53.752 --> 00:53:56.711
You can go and you can find
papers that have been written by

927
00:53:56.755 --> 00:54:01.238
scientists hired by the power
industry to dispute those
links, right.

928
00:54:01.281 --> 00:54:05.111
If the question is pesticides
and Parkinson's disease,

929
00:54:05.154 --> 00:54:07.853
you can go and you can find
scientists that have been hired

930
00:54:07.896 --> 00:54:12.118
to write papers that either
minimize the risks

931
00:54:12.161 --> 00:54:16.165
or that say the existing
science is, for one reason
or the other, flawed.

932
00:54:16.209 --> 00:54:17.732
I'm an asbestos lawyer.

933
00:54:17.776 --> 00:54:20.126
But when I see
the same names popping up

934
00:54:20.169 --> 00:54:24.565
on papers about arsenic
and pesticides and lead

935
00:54:24.609 --> 00:54:30.615
and lead paint in toys
and chromium and all
of these other products.

936
00:54:30.658 --> 00:54:35.054
And the papers seem to
uniformly come to the conclusion

937
00:54:35.097 --> 00:54:37.970
that none of these things
are causing anybody to get sick,

938
00:54:38.013 --> 00:54:40.015
or that there's not
sufficient scientific

939
00:54:40.059 --> 00:54:42.583
evidence to show that
anybody is getting sick,

940
00:54:42.627 --> 00:54:45.673
which sounds a lot like
the tobacco industry
talking to Congress.

941
00:54:45.717 --> 00:54:49.895
You see a lot of smoke, and--
and generally, where there's
smoke, there's fire.

942
00:54:49.938 --> 00:54:55.292
The NFL sort of has this kind
of blanket denial or minimizing

943
00:54:55.335 --> 00:54:58.643
of, uh, the fact that there
may be this, you know, link.

944
00:54:58.686 --> 00:55:03.561
And it sort of reminds me
of the tobacco companies

945
00:55:03.604 --> 00:55:07.347
of pre-'90s when they kept
saying, "No, there's no link

946
00:55:07.391 --> 00:55:11.351
between smoking
and damage to your health
or ill health effects."

947
00:55:11.395 --> 00:55:14.833
I do believe that we have
embraced, uh, the research,

948
00:55:14.876 --> 00:55:18.271
uh, the medical study of
this issue, as you point out.

949
00:55:18.315 --> 00:55:21.666
You're talking about one study
and that's the NFL study.

950
00:55:21.709 --> 00:55:23.537
You're not talking about
the independent studies

951
00:55:23.581 --> 00:55:26.061
that have been conducted
by other researchers.

952
00:55:26.932 --> 00:55:30.196
The whole aim, I think,
is to get this,

953
00:55:30.239 --> 00:55:32.459
you know--
is to not only testify,

954
00:55:32.503 --> 00:55:35.288
but the key seems
to be publishing,

955
00:55:35.332 --> 00:55:38.857
getting-- getting a paper in
a peer-reviewed journal.

956
00:55:38.900 --> 00:55:42.077
Peer review simply means that
when the paper is submitted

957
00:55:42.121 --> 00:55:44.993
to one of these scientific
journals, the journal
sends it out

958
00:55:45.037 --> 00:55:47.474
to other scientists who are
not authors on the paper.

959
00:55:48.083 --> 00:55:50.999
They review the paper.
They'll make recommendations
to the journal,

960
00:55:51.043 --> 00:55:54.089
that whether the journal
should accept the paper
for publication,

961
00:55:54.133 --> 00:55:56.744
and if they do recommend
that it be published,

962
00:55:56.788 --> 00:56:00.052
they will often make editorial
comments and say, "Well, this
part of the paper is weak

963
00:56:00.095 --> 00:56:03.621
and needs more support"
or "Some proposition over here
doesn't make sense."

964
00:56:03.664 --> 00:56:06.406
Peer-reviewed scientific papers

965
00:56:06.450 --> 00:56:09.496
get extra weight in courtrooms,
because they've gone through
that process.

966
00:56:09.540 --> 00:56:13.413
About a year ago,
one of my reporters
focused on two journals

967
00:56:13.457 --> 00:56:18.026
that are known to publish a lot
of corporate funded studies.

968
00:56:18.505 --> 00:56:21.029
One is called Critical
Reviews in Toxicology.

969
00:56:21.073 --> 00:56:24.642
The other is called Regulatory
Toxicology and Pharmacology.

970
00:56:24.685 --> 00:56:30.038
About half of all the articles
written by scientists with
the consulting firm, Gradient,

971
00:56:30.082 --> 00:56:32.432
which is one of these firms
we've been talking about,

972
00:56:32.476 --> 00:56:34.869
appeared in one
of those two journals.

973
00:56:34.913 --> 00:56:38.438
So, it's just, there are certain
journals that are known

974
00:56:38.482 --> 00:56:42.181
to publish this sort of science.
Until the '90s Exponent,

975
00:56:42.224 --> 00:56:45.576
it was known as
Failure Analysis Associates,

976
00:56:45.619 --> 00:56:48.535
but I think it was
only after, uh,

977
00:56:48.579 --> 00:56:51.451
say, beginning of the late
'90s going up to the present,

978
00:56:51.495 --> 00:56:54.759
that Exponent as we now know it,
really made its name

979
00:56:54.802 --> 00:57:00.591
defending everybody from,
you know, Toyota in the sudden
acceleration cases,

980
00:57:01.243 --> 00:57:05.422
to General Motors, to some
of the stuff we wrote about

981
00:57:05.465 --> 00:57:08.773
asbestos litigation.
Pretty much, you name it,
they've been involved in.

982
00:57:08.816 --> 00:57:13.995
Ford Motor Company was being
sued regularly and was
losing lawsuits

983
00:57:14.039 --> 00:57:17.521
alleging that asbestos,
Ford had used in its brakes

984
00:57:18.217 --> 00:57:21.307
uh, had made people sick with
a disease called mesothelioma,

985
00:57:21.350 --> 00:57:24.571
which is a very deadly
and rare cancer.

986
00:57:24.615 --> 00:57:28.967
There really is no other way to
get mesothelioma, except to be
exposed to asbestos.

987
00:57:29.010 --> 00:57:31.926
Its-- there's just
a rock-solid length between

988
00:57:31.970 --> 00:57:34.494
asbestos exposure
and mesothelioma.

989
00:57:34.538 --> 00:57:37.628
[Jonathan]
One of the companies that we
come across on a regular basis,

990
00:57:37.671 --> 00:57:42.023
and that was hired by
The Big Three automakers
in the early 2000s

991
00:57:42.067 --> 00:57:44.461
to write a series
of papers about

992
00:57:44.504 --> 00:57:48.377
asbestos in car parts, is this
company called Exponent.

993
00:57:48.421 --> 00:57:51.598
[Jim]
40 million dollars later
and 15 years later,

994
00:57:52.077 --> 00:57:54.732
we now have all
this science out there.

995
00:57:54.775 --> 00:57:58.257
Much of which is published
in peer-reviewed journals,

996
00:57:58.300 --> 00:58:01.739
that says, "Well, maybe--
maybe asbestos isn't

997
00:58:01.782 --> 00:58:05.090
mas tightly linked to
mesothelioma as we thought.

998
00:58:05.133 --> 00:58:08.267
So again, it's all about raising
doubt, raising questions.

999
00:58:08.310 --> 00:58:10.617
Ford and its lawyers
can come into court

1000
00:58:10.661 --> 00:58:14.752
and they can cite
and attempt to rely upon
the work that was

1001
00:58:14.795 --> 00:58:18.973
done by the scientists
at Exponent and ChemRisk,
they hired.

1002
00:58:19.017 --> 00:58:21.541
[Jim]
Scientists with firms
like Exponent will tell you,

1003
00:58:21.585 --> 00:58:24.588
when you talk to them,
they're completely free
to publish their work

1004
00:58:24.631 --> 00:58:27.199
in Scientific journals,
they make the call.

1005
00:58:27.242 --> 00:58:30.550
What we found is that,
at least in some cases,

1006
00:58:30.594 --> 00:58:33.335
corporations or more likely
their lawyers,

1007
00:58:33.379 --> 00:58:36.904
have a strong influence
over what gets published
or doesn't get published.

1008
00:58:41.474 --> 00:58:45.130
It's the framing of
the question, really, that is

1009
00:58:45.173 --> 00:58:48.437
one of the signature moves
of doubt science.

1010
00:58:48.481 --> 00:58:51.440
So the scientists and the
lawyers can work together

1011
00:58:51.484 --> 00:58:54.574
to decide what question
they're going to answer.

1012
00:58:54.618 --> 00:58:57.882
Then very carefully keep
the question and the inquiry

1013
00:58:57.925 --> 00:59:02.190
to that narrow,
preordained result.

1014
00:59:02.234 --> 00:59:04.889
The balls had to be--
started at 12 and a half
for the Patriots,

1015
00:59:04.932 --> 00:59:10.590
and then they fell to 11.3.
The Colts started at 13
and they fell to 12.5.

1016
00:59:10.634 --> 00:59:14.028
And it's this difference, the
difference of the differences,

1017
00:59:14.072 --> 00:59:17.205
is the sort of the incriminating
thing against the Patriots.

1018
00:59:17.249 --> 00:59:20.513
How did this happen? The Pats'
balls match the prediction...

1019
00:59:21.427 --> 00:59:22.994
The Colts' balls
are the ones that don't.

1020
00:59:23.037 --> 00:59:25.649
Instead of asking why
the Pats' balls were too low,

1021
00:59:25.692 --> 00:59:27.694
the question is, why were
the Colts' balls too high?

1022
00:59:29.870 --> 00:59:31.350
[class chuckles]

1023
00:59:31.393 --> 00:59:33.047
Okay. You get it?

1024
00:59:37.008 --> 00:59:41.142
Manipulation of the control
group is, you know,
a classic example

1025
00:59:41.186 --> 00:59:45.364
of how you can manipulate data
without manipulating
the data, right?

1026
00:59:45.407 --> 00:59:48.367
You can manipulate
the conclusion of the paper

1027
00:59:48.410 --> 00:59:51.370
without manipulating
the data, because if you

1028
00:59:51.413 --> 00:59:56.810
compare the--
the study subjects in question,

1029
00:59:56.854 --> 01:00:01.380
to an inappropriate control, you
can either make a result appear

1030
01:00:01.423 --> 01:00:03.600
or make it disappear
depending on what's important.

1031
01:00:03.643 --> 01:00:05.950
That happened with
the asbestos industry,

1032
01:00:05.993 --> 01:00:09.649
uh, in the 1950s,
with respect to lung cancer

1033
01:00:09.693 --> 01:00:13.261
and asbestos exposure.
By choosing

1034
01:00:13.305 --> 01:00:15.307
an inappropriate control group,

1035
01:00:15.350 --> 01:00:18.092
the statistical increase in lung
cancer was able to be hidden.

1036
01:00:18.136 --> 01:00:20.442
They made some very
large assumptions,

1037
01:00:20.486 --> 01:00:22.880
uh, the biggest assumption
they made was that
the Colts' ball

1038
01:00:22.923 --> 01:00:25.317
acted as a control
for the experiment.

1039
01:00:25.360 --> 01:00:27.928
Um, and I think that's
completely, uh, inaccurate

1040
01:00:27.972 --> 01:00:30.061
or at least there's
no way to know that,
that's a large assumption.

1041
01:00:30.104 --> 01:00:32.759
The League had this, in my
opinion, convoluted analysis

1042
01:00:32.803 --> 01:00:35.283
where they said the Colts'
balls must be perfect.

1043
01:00:35.327 --> 01:00:37.329
Let's look at the difference
from the Colts' balls.

1044
01:00:37.372 --> 01:00:39.548
The Colts' balls measurement
times were unknown

1045
01:00:39.592 --> 01:00:42.595
and steered
by Paul Weiss to be assumed

1046
01:00:42.639 --> 01:00:46.033
earlier in the half time rather
than later, which kind of defies
common sense

1047
01:00:46.077 --> 01:00:48.732
if they were running
out of time, and that's why
they only did four footballs.

1048
01:00:53.737 --> 01:00:58.350
When we try and find out
information about the link
between the lawyers

1049
01:00:58.393 --> 01:01:03.747
and the scientists, in general,
the response from the companies
has been, "This is privileged.

1050
01:01:03.790 --> 01:01:05.836
It's work product information.

1051
01:01:05.879 --> 01:01:09.317
These were litigation
actions that were taken."

1052
01:01:09.361 --> 01:01:13.278
Now, none of the disclaimers
that I have ever seen
in any of these papers

1053
01:01:13.321 --> 01:01:19.153
say this was part of a
privileged work product between
the scientists and the lawyers.

1054
01:01:19.197 --> 01:01:22.722
But when we try and get those
communications, that's generally
the defense that happens.

1055
01:01:22.766 --> 01:01:25.812
Walt Anderson had two gauges.

1056
01:01:25.856 --> 01:01:28.989
He'd been bringing two gauges
with him to games
for a long time.

1057
01:01:30.730 --> 01:01:36.257
He knew from his own habits
which gauge he used

1058
01:01:36.301 --> 01:01:38.782
to gauge the footballs
before the game began.

1059
01:01:38.825 --> 01:01:41.219
And he told the world's
reporters which gauge that was.

1060
01:01:42.873 --> 01:01:46.615
That ended up being inconsistent
with the notion that there must
have been tampering with

1061
01:01:46.659 --> 01:01:47.660
the footballs.

1062
01:01:48.095 --> 01:01:51.272
And so, the Wells investigators

1063
01:01:51.316 --> 01:01:54.580
concluded,
"No, his memory isn't right.

1064
01:01:54.623 --> 01:01:56.147
He actually used
the other gauge."

1065
01:01:56.190 --> 01:02:00.281
Just use the gauge that
the referee remembers using.

1066
01:02:00.325 --> 01:02:01.718
Remember,
he only had two gauges.

1067
01:02:03.589 --> 01:02:06.853
He used one of those
two gauges 48 times.

1068
01:02:06.897 --> 01:02:09.638
He measured the balls 48 times.

1069
01:02:09.682 --> 01:02:11.989
The interview
notes would reveal it.

1070
01:02:13.033 --> 01:02:16.254
What happened to the interview
notes? They weren't turned over.

1071
01:02:16.820 --> 01:02:18.778
Why weren't they turned
over to the defense?

1072
01:02:18.822 --> 01:02:20.258
Well, they weren't
turned over to the defense.

1073
01:02:20.301 --> 01:02:23.348
The claim is,
because they were work products

1074
01:02:23.391 --> 01:02:25.785
and protected by
lawyer-client confidentiality.

1075
01:02:25.829 --> 01:02:27.004
But wait a minute...

1076
01:02:28.048 --> 01:02:30.659
those lawyers were
supposed to be acting

1077
01:02:30.703 --> 01:02:33.488
as outside investigators,
that's the way they were hired

1078
01:02:33.532 --> 01:02:36.230
as independent investigators,
until it comes time...

1079
01:02:37.928 --> 01:02:40.974
for the defense
to get the notes.

1080
01:02:41.018 --> 01:02:44.586
Then it's,
"No, they're our lawyers,
therefore shielded by--"

1081
01:02:44.630 --> 01:02:46.066
Well, which way do you want it?

1082
01:02:46.588 --> 01:02:49.896
They were told what
assumptions to make

1083
01:02:49.940 --> 01:02:51.550
about what happened
at halftime...

1084
01:02:52.159 --> 01:02:53.726
by the Paul Weiss Law Firm.

1085
01:02:56.250 --> 01:02:57.991
And that is why...

1086
01:02:59.036 --> 01:03:03.823
the notes of the interviews
that the Wells' investigators

1087
01:03:03.867 --> 01:03:07.348
made of their interviews
of the game officials
and League officials

1088
01:03:07.871 --> 01:03:11.135
who were present
at halftime become so vital.

1089
01:03:11.178 --> 01:03:15.139
The Wells report assumed
and Exponent assumed

1090
01:03:15.617 --> 01:03:19.839
that the sequence was
Patriots' balls measured

1091
01:03:19.883 --> 01:03:21.841
found below 12.5.

1092
01:03:23.756 --> 01:03:26.585
Colts' balls measured,
four of them,

1093
01:03:27.020 --> 01:03:30.371
found below 12.5 on one gauge

1094
01:03:30.415 --> 01:03:33.505
but above 12.5 on the other
gauge, and left alone.

1095
01:03:33.940 --> 01:03:37.030
Then, all the Patriots'
balls are re-inflated.

1096
01:03:37.074 --> 01:03:39.206
Those are only three events
that happened in half time.

1097
01:03:39.250 --> 01:03:41.818
There are four officials
involved, two measuring,

1098
01:03:41.861 --> 01:03:44.429
two observing and recording,
and they can't come to
a consensus

1099
01:03:44.908 --> 01:03:48.128
as to what are the three events,
what the order are
of the three events?

1100
01:03:48.172 --> 01:03:50.391
That is implausible
to the extreme.
That's one of the things

1101
01:03:50.435 --> 01:03:52.045
that the interview
notes would reveal.

1102
01:03:52.089 --> 01:03:54.178
They didn't have enough time to
measure all of the Colts' balls,

1103
01:03:54.221 --> 01:03:56.397
which to me says that they
measured them last,

1104
01:03:56.441 --> 01:03:58.835
so those balls
had more time to warm up.

1105
01:03:58.878 --> 01:04:01.446
So the Patriots' balls
were measured first,
while they were still warming up

1106
01:04:01.489 --> 01:04:04.579
and that pressure was still low,
and in their own analysis,
they show it only takes

1107
01:04:04.623 --> 01:04:06.581
a matter of minutes for those
balls to start warming up

1108
01:04:06.625 --> 01:04:09.323
and that pressure to start
changing. So, sure enough,

1109
01:04:09.367 --> 01:04:12.239
if you measure the Colts'
balls after you measure
all the Patriots' balls,

1110
01:04:12.283 --> 01:04:14.285
those are warmed up and their
pressure's going to increase.

1111
01:04:14.328 --> 01:04:17.375
And that easily explains
the difference in pressure

1112
01:04:17.418 --> 01:04:19.072
between the two balls
at the halftime.

1113
01:04:19.116 --> 01:04:23.555
[piano music]

1114
01:04:24.034 --> 01:04:27.733
-They withheld
the evidence consistently.
-[clock ticking]

1115
01:04:27.776 --> 01:04:29.996
[reporter]
So, in these two pictures,
as we look at them,

1116
01:04:30.040 --> 01:04:32.477
you're saying it was purposeful.

1117
01:04:32.520 --> 01:04:34.914
And on under one,
they start the needle
at the zero point.

1118
01:04:34.958 --> 01:04:36.698
And under the other,
they shift the ruler

1119
01:04:36.742 --> 01:04:39.614
so that they started
at the 0.2 inch.

1120
01:04:39.658 --> 01:04:43.705
So as to make the needle appear
longer to the untrained eye.

1121
01:04:44.141 --> 01:04:47.187
Not only do they shift
the ruler, not only did
they photograph it

1122
01:04:47.231 --> 01:04:50.277
at an angle which
diminishes the bend...

1123
01:04:51.496 --> 01:04:53.890
but they also withdrew
the camera, notice...

1124
01:04:55.021 --> 01:05:00.635
from a greater distance for
the longer gauge, thus
actually shrinking it.

1125
01:05:00.679 --> 01:05:02.942
So, they shifted the ruler,
they shrunk the gauge.

1126
01:05:02.986 --> 01:05:05.249
[reporter]
One was twice as big
as the other one.

1127
01:05:05.292 --> 01:05:08.426
-Yes, and more severely bent.
-[reporter] And more
severely bent.

1128
01:05:08.469 --> 01:05:12.212
So you're saying then
Walt Anderson,
the referee for the game,

1129
01:05:12.256 --> 01:05:14.998
should have been clearly
been able to remember
what gauge he was using.

1130
01:05:15.041 --> 01:05:16.608
Yes, should have and did.

1131
01:05:19.045 --> 01:05:21.569
The coverage of Deflategate

1132
01:05:22.353 --> 01:05:25.965
and Exponent's involvement
in the Deflategate scandal

1133
01:05:26.009 --> 01:05:29.751
would dwarf
the combined coverage

1134
01:05:29.795 --> 01:05:33.016
of doubt science in our
society over the last 15 years.

1135
01:05:33.059 --> 01:05:36.802
What's going on here
is not sound science.

1136
01:05:36.845 --> 01:05:38.978
It just sounds like science.

1137
01:05:39.022 --> 01:05:41.502
I think one of the--
the sort of scary things

1138
01:05:41.546 --> 01:05:43.896
for me having done
a number of stories

1139
01:05:43.940 --> 01:05:47.769
about this topic is that people
and-- and even smart people,

1140
01:05:47.813 --> 01:05:52.426
even people who read a lot
and are just to sort of
attuned to things,

1141
01:05:52.470 --> 01:05:55.690
I don't think realize how much
this corporate funded science
has sort of

1142
01:05:55.734 --> 01:05:57.736
infiltrated our society.

1143
01:05:57.779 --> 01:06:00.782
[Jonathan]
The funding for
government-funded research,

1144
01:06:00.826 --> 01:06:04.656
whether that's done
at NIOSH or the EPA
or whether it's done by

1145
01:06:04.699 --> 01:06:09.008
independent scientists at--
at universities and scientific
organizations,

1146
01:06:09.052 --> 01:06:12.446
is absolutely critical
in our society.

1147
01:06:12.490 --> 01:06:17.974
We reported last year that the
National Institutes of Health's
budget for research grants

1148
01:06:18.017 --> 01:06:21.368
had fallen 14% from its peak

1149
01:06:21.412 --> 01:06:24.893
in 2004, uh, until 2016.

1150
01:06:24.937 --> 01:06:28.810
So as government funded
science diminishes,

1151
01:06:28.854 --> 01:06:32.379
that opens the door for
more corporate funded science.

1152
01:06:32.423 --> 01:06:37.732
When that funding goes away,
all that's left are the doubt
scientists, right?

1153
01:06:37.776 --> 01:06:42.563
And there is no more debate,
now all we get will be

1154
01:06:42.607 --> 01:06:45.436
the industry-sponsored
perspective on things.

1155
01:06:45.479 --> 01:06:49.875
And that's incredibly
dangerous and incredibly
concerning to me, right?

1156
01:06:49.918 --> 01:06:54.445
But that's what's going on now,
as the talk of defunding the EPA

1157
01:06:54.488 --> 01:06:57.926
or eliminating the EPA,
of defunding OSHA,

1158
01:06:57.970 --> 01:07:00.929
of not allowing scientists
to take positions,

1159
01:07:00.973 --> 01:07:05.151
government scientists to take
positions until they've been
vetted by politicians.

1160
01:07:05.195 --> 01:07:09.677
My concern is that we'll get
desensitized as a society

1161
01:07:09.721 --> 01:07:13.899
to, uh, you know,
fake news or fake science,

1162
01:07:13.942 --> 01:07:16.380
and just sort of accept
that that's part of life,

1163
01:07:17.076 --> 01:07:19.861
uh, because it's not,
and it's putting all
of our lives in danger.

1164
01:07:22.473 --> 01:07:26.912
Cheating was of great concern
to the ancient Greeks
in the Olympics.

1165
01:07:27.347 --> 01:07:31.960
Everybody had to swear an oath
not to cheat before the games.

1166
01:07:32.004 --> 01:07:36.791
And when I say everybody, that
included not only the athletes,
but also the judges.

1167
01:07:36.835 --> 01:07:42.884
And those who administered
the Olympics, they had to swear
an oath to Zeus not to cheat.

1168
01:07:42.928 --> 01:07:45.191
The Patriots and Tom Brady
were punished,

1169
01:07:45.887 --> 01:07:48.890
their controversy took
two different paths.

1170
01:07:49.413 --> 01:07:52.851
For Tom Brady, the path was,
he's a member of the Union.

1171
01:07:52.894 --> 01:07:56.333
And the Union, the National
Football League Players
Association has negotiated

1172
01:07:56.376 --> 01:08:01.077
a collective bargaining
agreement. The key provision
in it, Article 46,

1173
01:08:01.120 --> 01:08:05.037
is the provision that authorizes
Tom Brady to file an appeal.

1174
01:08:05.690 --> 01:08:08.736
The Patriots, in contrast,
have no such protection.

1175
01:08:10.825 --> 01:08:14.655
The NFL system for players
being able to challenge

1176
01:08:14.699 --> 01:08:17.832
punishments by
the Commissioner is such that

1177
01:08:17.876 --> 01:08:21.053
the appeal goes to
the Commissioner himself.

1178
01:08:21.096 --> 01:08:24.011
[news reporter]
Commissioner Roger Goodell can either hear the appeal himself,

1179
01:08:24.055 --> 01:08:26.232
or appoint an arbitrator
to hear it.

1180
01:08:26.276 --> 01:08:29.366
Now, in law, we don't do that.
We don't say the trial judge

1181
01:08:29.408 --> 01:08:32.151
says one thing, but you
can appeal back to the trial.

1182
01:08:32.194 --> 01:08:36.154
No, you want-- you literally
want anyone but that person

1183
01:08:36.198 --> 01:08:39.158
to hear the app--
anyone's better than the person
who originally punished you.

1184
01:08:39.202 --> 01:08:42.379
Under Article 46, the appeal
goes to Roger Goodell,

1185
01:08:42.421 --> 01:08:46.948
but Goodell has a choice,
he can delegate that he--

1186
01:08:46.992 --> 01:08:50.126
that role as
the hearing officer,
and he's done it before.

1187
01:08:50.169 --> 01:08:53.085
he did it with Ray Rice.
He did it with Adrian Peterson.

1188
01:08:53.520 --> 01:08:57.698
He did it with Ezekiel Elliott
after Deflategate.

1189
01:08:57.742 --> 01:09:00.613
Yet, with Tom Brady,
he chose not to do that.

1190
01:09:00.658 --> 01:09:02.964
He chose to serve
as the hearing officer,

1191
01:09:03.008 --> 01:09:07.099
even though NFL referees are
implicated in this controversy.

1192
01:09:07.143 --> 01:09:10.058
Those referees work for
Roger Goodell, even though

1193
01:09:10.102 --> 01:09:13.018
there was a false leak
from the League office.

1194
01:09:13.060 --> 01:09:15.412
It's the fundamental
principle of justice.

1195
01:09:15.455 --> 01:09:18.589
You cannot decide your own case.

1196
01:09:18.631 --> 01:09:21.243
Here, the Commissioner
had decided the penalty

1197
01:09:21.287 --> 01:09:23.636
and now he was sitting
as the Appellate Judge.

1198
01:09:23.680 --> 01:09:29.991
In Bountygate,
it was also wrong and he was
pressured out of doing it.

1199
01:09:30.035 --> 01:09:33.908
But here he did it.
Now, again, I said
the blame should be spread.

1200
01:09:34.430 --> 01:09:35.823
They agreed to it.

1201
01:09:36.345 --> 01:09:38.348
They being
the Players' Association.

1202
01:09:38.390 --> 01:09:41.654
He shouldn't have allowed that.
That's outrageous.

1203
01:09:41.698 --> 01:09:44.180
What we have said
from the beginning is,

1204
01:09:44.223 --> 01:09:47.531
we should have a collectively
bargained process.

1205
01:09:47.573 --> 01:09:52.622
Whereby we conduct
investigations, the Commissioner
issues discipline,

1206
01:09:52.666 --> 01:09:55.365
it's reviewed by a neutral
arbitrator, and we're done.

1207
01:09:55.408 --> 01:09:56.757
-[host] Right.
-I mean, look--

1208
01:09:56.801 --> 01:09:59.238
[host] But everybody
argues though, De, always,

1209
01:09:59.282 --> 01:10:02.067
and you know I have your back,
everyone always says, "Well,
the players gave that up."

1210
01:10:02.110 --> 01:10:04.939
Article 46, the player
conduct policy impacts

1211
01:10:04.983 --> 01:10:06.941
probably about
one percent of players.

1212
01:10:07.377 --> 01:10:10.293
Now, it just so happens that
some of these players are
big names.

1213
01:10:10.336 --> 01:10:14.514
Tom Brady, Adrian Peterson,
Ray Rice, Ezekiel Elliott,

1214
01:10:14.993 --> 01:10:17.909
but if you're the Union,
you want to focus

1215
01:10:17.952 --> 01:10:21.347
in negotiating
the collective bargaining
agreement with the NFL

1216
01:10:21.391 --> 01:10:24.132
on policies that are going
to affect all players,

1217
01:10:24.176 --> 01:10:26.700
policies like
health care, pensions...

1218
01:10:28.267 --> 01:10:31.052
minimum salaries
affect many players.

1219
01:10:31.096 --> 01:10:35.405
Things like that
are actually more
meaningful to NFL players.

1220
01:10:35.448 --> 01:10:38.190
So in a sense,
the Union's logic...

1221
01:10:38.930 --> 01:10:42.281
is actually sensible,
but I think,

1222
01:10:42.325 --> 01:10:44.718
by ignoring this
particular policy,

1223
01:10:45.284 --> 01:10:48.505
it's left players vulnerable.
And it just so happens

1224
01:10:48.548 --> 01:10:50.289
that some of these players
are big names.

1225
01:10:50.333 --> 01:10:54.032
We know that we're not
walking into a fair set-up.

1226
01:10:54.075 --> 01:10:57.209
We knew it, we knew, because
we had the documents, we knew.

1227
01:10:58.079 --> 01:11:01.300
You are not walking
into a fair hearing.

1228
01:11:02.693 --> 01:11:05.435
This is designed to get you.

1229
01:11:06.436 --> 01:11:09.221
And I would have said that,
I would have loved
to have said that,

1230
01:11:09.265 --> 01:11:11.310
I would have loved to
have been more aggressive.

1231
01:11:11.919 --> 01:11:16.881
That, I think is a great
illustration of how much

1232
01:11:17.447 --> 01:11:22.190
Tom believed that Roger was
going to do the right thing.

1233
01:11:22.626 --> 01:11:26.369
Tom Brady
changed the dynamics of
the controversy by agreeing

1234
01:11:26.412 --> 01:11:28.284
to testify under oath

1235
01:11:28.762 --> 01:11:31.896
during the arbitration hearing
before Roger Goodell.

1236
01:11:31.939 --> 01:11:35.856
The significance of testifying
under oath, is that if somebody
knowingly lies

1237
01:11:35.900 --> 01:11:38.337
while testifying under oath,

1238
01:11:38.381 --> 01:11:41.514
they have committed
the crime of perjury.
It's a really serious thing.

1239
01:11:41.558 --> 01:11:46.563
So that just shows
how much Tom Brady is
putting himself on the line

1240
01:11:46.606 --> 01:11:48.521
to say, "I didn't do it."

1241
01:11:48.565 --> 01:11:50.828
So I think that certainly
lends credibility,

1242
01:11:50.871 --> 01:11:53.091
tremendous credibility
to what he said.

1243
01:11:53.134 --> 01:11:57.443
The Wells report concludes that,

1244
01:11:57.487 --> 01:12:00.359
the most that they concluded
about Tom Brady is that he was

1245
01:12:00.403 --> 01:12:02.622
probably, quote,
"generally aware"

1246
01:12:03.797 --> 01:12:07.323
of this violation of the rules,
supposed violation of
the rules

1247
01:12:07.366 --> 01:12:11.457
by these other folks. There's
simply no basis to say that

1248
01:12:11.501 --> 01:12:14.504
some "general awareness" of
somebody else's violation

1249
01:12:14.547 --> 01:12:18.638
should subject that person
to punishment.

1250
01:12:20.118 --> 01:12:26.037
So, in my view, the League was
looking for some additional
evidence of Tom's involvement

1251
01:12:26.080 --> 01:12:28.605
in this, to come out
of the hearing on appeal.

1252
01:12:30.476 --> 01:12:32.173
There was no such evidence.

1253
01:12:34.175 --> 01:12:37.614
So the question then that
the League faced, if you're
going to try to move

1254
01:12:37.657 --> 01:12:40.791
from being generally aware
to being involved...

1255
01:12:41.400 --> 01:12:42.706
what evidence can you rely on?

1256
01:12:44.751 --> 01:12:49.408
The only thing that they
could latch onto was that

1257
01:12:49.452 --> 01:12:52.759
Tom no longer had the cell phone

1258
01:12:52.803 --> 01:12:55.806
that the Wells investigators
indicated he would never have
to turn over.

1259
01:12:55.849 --> 01:12:58.896
According to them,
Tom Brady ordered the cell phone

1260
01:12:58.939 --> 01:13:02.203
that he had used for
the four months prior
to being called in

1261
01:13:02.247 --> 01:13:05.816
-by investigators.
He had ordered it destroyed.
-Wow.

1262
01:13:07.383 --> 01:13:10.690
And when it comes to
controlling the story,

1263
01:13:10.734 --> 01:13:13.911
then somewhat curiously,

1264
01:13:14.477 --> 01:13:18.219
immediately before
the Commissioner's decision
is announced,

1265
01:13:18.263 --> 01:13:20.918
there's a press release from
the League which emphasizes...

1266
01:13:22.702 --> 01:13:26.314
destruction of the phone.
And the reliance of the League.

1267
01:13:26.358 --> 01:13:30.144
Well, the destruction
of the phone must have
reflected his guilty mind.

1268
01:13:30.188 --> 01:13:34.845
There's no NFL rule that
requires a player to turn over
his personal phone.

1269
01:13:34.888 --> 01:13:37.456
It's not in any player contract.

1270
01:13:37.500 --> 01:13:40.154
It's not in the collective
bargaining agreement.

1271
01:13:40.198 --> 01:13:42.679
It's literally a rule
that doesn't exist.

1272
01:13:42.722 --> 01:13:46.334
The NFL can only argue
that a failure to turn over

1273
01:13:46.378 --> 01:13:50.034
the phone, is some type
of reflection of being
uncooperative.

1274
01:13:50.077 --> 01:13:52.602
I would say, I don't buy that.

1275
01:13:52.645 --> 01:13:56.432
Because if it was such an
important piece of information,
there should be a rule

1276
01:13:56.475 --> 01:14:00.000
authorizing the NFL to get it.
But it's important to stress
that Tom Brady

1277
01:14:00.044 --> 01:14:03.134
had no actual obligation
to turn over his phone.

1278
01:14:03.177 --> 01:14:08.705
I think if it was just about
deflating of footballs,
then it never would

1279
01:14:08.748 --> 01:14:10.402
have happened but, uh...

1280
01:14:11.490 --> 01:14:14.580
he hired lawyers
and he destroyed his phone.

1281
01:14:14.624 --> 01:14:19.933
In his order,
Roger Goodell noted that
Tom Brady destroyed his phone.

1282
01:14:19.977 --> 01:14:23.937
Notice the word, "destroyed."
That is a powerful word,

1283
01:14:23.981 --> 01:14:26.113
it suggests active,

1284
01:14:26.157 --> 01:14:29.508
it suggests a desire to

1285
01:14:29.552 --> 01:14:32.163
eliminate implicating evidence.

1286
01:14:32.206 --> 01:14:34.600
In law, when you
destroy evidence,

1287
01:14:34.644 --> 01:14:36.472
you're actually
committing a crime.

1288
01:14:36.515 --> 01:14:40.737
And it was clearly used
intentionally to portray
Tom Brady

1289
01:14:41.215 --> 01:14:44.741
as at fault and really
as having bad intentions.

1290
01:14:44.784 --> 01:14:48.962
Tom Brady is as big of a
celebrity in sports as there is.

1291
01:14:49.006 --> 01:14:53.445
Any piece of personal
information on his phone
is newsworthy.

1292
01:14:53.489 --> 01:14:57.057
Anything. Tom Brady knows
that if he turns over his phone,

1293
01:14:57.101 --> 01:15:01.018
then anything about his personal
life that's leaked will become
newsworthy.

1294
01:15:01.061 --> 01:15:05.370
He has to believe that there's
potential temptation to leak
that kind of information,

1295
01:15:05.413 --> 01:15:08.504
particularly when there
had already been leaks
involving the story.

1296
01:15:09.156 --> 01:15:11.681
[Robert]
The hearing before
the Commissioner,

1297
01:15:11.724 --> 01:15:14.205
ten hours.

1298
01:15:14.248 --> 01:15:19.776
During which, Kessler doesn't
lay a glove, really, on the,
uh, witnesses.

1299
01:15:19.819 --> 01:15:23.519
He doesn't-- when he's
got witnesses from Exponent
and when he cross-examines,

1300
01:15:23.562 --> 01:15:29.176
he doesn't really attack.
He lets them go into
technical... realms.

1301
01:15:29.220 --> 01:15:33.224
He never presses on the sequent.
Their goal was to restrict
the power

1302
01:15:33.267 --> 01:15:35.313
of the Commission.

1303
01:15:35.356 --> 01:15:38.751
Their goal was not to
establish the innocence
of the particular player.

1304
01:15:39.883 --> 01:15:43.190
That dropped out, they allowed
science to drop out.

1305
01:15:43.234 --> 01:15:49.675
They allowed the NFL
to draw an analogy between
the behavior of Tom Brady

1306
01:15:49.719 --> 01:15:52.460
and the 1919 Black Sox Scandal,

1307
01:15:52.896 --> 01:15:54.724
which fixed the World Series.

1308
01:15:54.767 --> 01:15:57.683
But to analogize Tom Brady

1309
01:15:57.727 --> 01:16:00.556
with fixing the World Series,
this fierce competitor.

1310
01:16:01.078 --> 01:16:04.037
And the NFLPA just let it pass.

1311
01:16:04.081 --> 01:16:07.432
And Brady was represented
by counsel, at least on paper.

1312
01:16:07.475 --> 01:16:09.695
We knew it was a kangaroo court.

1313
01:16:09.739 --> 01:16:12.611
I still think
he felt like, man to man,

1314
01:16:12.655 --> 01:16:15.788
I'm gonna tell the truth
and everything's gonna be fine.
Didn't turn out that way.

1315
01:16:17.573 --> 01:16:20.924
In the Wells report,
Ted Wells portrays Tom Brady

1316
01:16:20.967 --> 01:16:23.622
as almost a passive participant,

1317
01:16:24.144 --> 01:16:27.757
that it was more
probable than not that
he had general awareness

1318
01:16:28.453 --> 01:16:31.717
of a football deflation scheme
orchestrated by others.

1319
01:16:31.761 --> 01:16:36.504
And yet, after Tom Brady's
appeal with Roger Goodell,

1320
01:16:36.548 --> 01:16:39.246
Brady's role is transformed

1321
01:16:39.682 --> 01:16:44.730
into the architect,
the ringleader
of this deflation conspiracy.

1322
01:16:44.774 --> 01:16:47.646
And it wasn't clear
what evidence

1323
01:16:47.690 --> 01:16:51.650
changed Tom Brady's role.
There was no new evidence.

1324
01:16:51.694 --> 01:16:55.828
Roger Goodell introduced a new
allegation against Tom Brady.

1325
01:16:56.307 --> 01:16:59.832
And the allegation was that Tom
Brady didn't share his phone,

1326
01:16:59.876 --> 01:17:03.096
or to borrow Roger Goodell's
words, he destroyed his phone.

1327
01:17:03.140 --> 01:17:08.406
Because Brady was punished
without the phone being
an issue,

1328
01:17:09.059 --> 01:17:12.105
he never had a chance to
appeal the phone issue.

1329
01:17:13.063 --> 01:17:14.673
It came up on the appeal.

1330
01:17:15.152 --> 01:17:18.068
How can he appeal the appeal?
He can't.

1331
01:17:18.111 --> 01:17:21.288
There was absolutely no basis
to make that conclusion.

1332
01:17:21.898 --> 01:17:24.857
And Tom ended up turning over,
as part of his appeal,

1333
01:17:24.901 --> 01:17:28.905
turning over to the League
extensive records

1334
01:17:28.948 --> 01:17:30.994
that existed about...

1335
01:17:31.864 --> 01:17:35.128
who he was calling,
who he was texting, all of it.

1336
01:17:35.172 --> 01:17:39.219
In his order, Roger Goodell
made a very strange analogy.

1337
01:17:39.263 --> 01:17:45.182
He compared Tom Brady's alleged
role in Deflategate, to a player
using steroids.

1338
01:17:45.661 --> 01:17:51.275
The problem with this analogy
is, among other things,
with steroid...

1339
01:17:52.319 --> 01:17:57.847
punishments, it-- they must
follow a specific set of rules

1340
01:17:57.890 --> 01:18:01.764
that go to chain of custody,
that go to rights to an appeal,

1341
01:18:01.807 --> 01:18:05.768
that have been assented to
by The Players' Association.

1342
01:18:05.811 --> 01:18:08.509
With Deflategate,
none of these rules existed.

1343
01:18:08.553 --> 01:18:11.730
Tom is a good guy.
And he has faith in

1344
01:18:11.774 --> 01:18:14.733
the institutions
and the people around him and

1345
01:18:14.777 --> 01:18:18.345
I think he really
believed that, "No, if I go
and tell Roger the truth...

1346
01:18:19.216 --> 01:18:21.566
everything's going to be fine,
and it wasn't fine.

1347
01:18:23.699 --> 01:18:26.745
When the Commissioner
issued his decision

1348
01:18:26.789 --> 01:18:31.750
on appeal, simultaneously
with that, the League filed

1349
01:18:31.794 --> 01:18:34.231
a federal court lawsuit
in New York.

1350
01:18:34.274 --> 01:18:39.279
They anticipated that Tom Brady
would file an appeal, as he did.

1351
01:18:39.323 --> 01:18:42.630
They wanted to win the race
to the courthouse because
they preferred to be

1352
01:18:42.674 --> 01:18:45.895
in a court in New York,
than a court in Minnesota.

1353
01:18:45.938 --> 01:18:50.769
[Michael]
Tom Brady faced a tall task
in getting the suspension

1354
01:18:50.813 --> 01:18:57.297
vacated by a federal judge.
Federal judges rarely
vacate arbitration awards.

1355
01:18:57.341 --> 01:19:02.389
And normally, under the law,
the arbitrator has to make
serious, grave mistakes

1356
01:19:02.433 --> 01:19:05.001
for an arbitration
award to be vacated.

1357
01:19:05.044 --> 01:19:07.917
And yet, here,
judge Richard Berman found

1358
01:19:07.960 --> 01:19:11.877
that such mistakes existed.
Roger Goodell,

1359
01:19:12.443 --> 01:19:16.273
according to judge Berman,
didn't adequately warn
Tom Brady

1360
01:19:16.316 --> 01:19:18.318
about the appropriate
punishment.

1361
01:19:18.362 --> 01:19:22.105
There was no so-called notice.
But beyond that,

1362
01:19:22.148 --> 01:19:25.282
Tom Brady
was never clear about
what rules he actually violated.

1363
01:19:25.848 --> 01:19:28.764
Was he getting in trouble
because of a phone,

1364
01:19:29.242 --> 01:19:32.463
a so-called
destruction of a phone?
Was he getting in trouble

1365
01:19:32.506 --> 01:19:35.945
because it was more probable
than not that he had
general awareness,

1366
01:19:35.988 --> 01:19:39.165
according to Ted Wells?
Was he in trouble
because he was a ringleader?

1367
01:19:39.209 --> 01:19:41.994
It was never clear what
he was being punished for.

1368
01:19:42.038 --> 01:19:45.650
Part of the outrageous
violations of due process

1369
01:19:45.693 --> 01:19:48.261
is they tried to
have it both ways.
They declared that they were

1370
01:19:48.305 --> 01:19:52.439
engaging in an independent
investigation, hired outside
independent investigators.

1371
01:19:52.483 --> 01:19:54.790
Paul Weiss, their law firm.

1372
01:19:54.833 --> 01:19:59.490
Tom Brady never got a chance
to cross-examine Jeffrey Pash.

1373
01:20:00.143 --> 01:20:02.014
Let's remember
who Jeffrey Pash is.

1374
01:20:02.058 --> 01:20:05.539
He's the NFL's general counsel,
but more importantly,

1375
01:20:05.583 --> 01:20:09.979
he's the co-lead investigator
into the Deflategate
investigation.

1376
01:20:10.022 --> 01:20:14.070
And then when it got very
inconvenient to turn over
some of the notes from

1377
01:20:14.113 --> 01:20:18.814
the interviews of that so-called
outside investigation,
independent investigation.

1378
01:20:18.857 --> 01:20:20.990
They said, "Oh, we don't
have to ta-- we don't have
to turn them over,

1379
01:20:21.033 --> 01:20:23.470
they're shielded
by lawyer-client
confidentiality privilege."

1380
01:20:23.514 --> 01:20:25.211
That's actually a big deal.

1381
01:20:25.255 --> 01:20:28.475
How can Tom Brady
challenge the science,

1382
01:20:28.519 --> 01:20:31.565
the core allegation that there
was a deflation conspiracy,

1383
01:20:31.609 --> 01:20:36.309
when the NFL doesn't
share its investigative notes
that led to that conclusion,

1384
01:20:36.353 --> 01:20:41.488
you know, in science,
a key tenant is,
you let people review it.

1385
01:20:41.924 --> 01:20:45.057
That's how science works.
It's not, here's my conclusion.

1386
01:20:45.101 --> 01:20:46.885
I'm not going to tell you
how I got there. Right?

1387
01:20:46.929 --> 01:20:48.844
We don't call
that credible science.

1388
01:20:48.887 --> 01:20:51.542
And so if you don't turn over
the notes to the defense,

1389
01:20:51.585 --> 01:20:53.892
they have no ability
to cross-examine

1390
01:20:53.936 --> 01:20:57.722
and to attack the Wells report,
unless they have
the notes before them.

1391
01:20:57.765 --> 01:21:01.204
So, to say disingenuously,
"Well, we never used the notes.

1392
01:21:01.247 --> 01:21:03.119
We never relied on the notes,
we just relied on
the Wells report,"

1393
01:21:03.162 --> 01:21:05.121
when the Wells report
relies on the notes.

1394
01:21:05.164 --> 01:21:08.428
And then to shield it all under
lawyer-client confidentiality,

1395
01:21:08.472 --> 01:21:11.257
where your--
where your lawyer is

1396
01:21:11.301 --> 01:21:14.608
your outside
independent investigator,

1397
01:21:14.652 --> 01:21:18.786
and yet, in the hearing,
then conduct some of
the cross-examination.

1398
01:21:18.830 --> 01:21:24.270
It's just below the minimum
standards of decency and--
and fairness and process.

1399
01:21:24.314 --> 01:21:28.318
You go into the text of
the appeal, "11 of the full

1400
01:21:28.361 --> 01:21:30.668
New England footballs
were tested at halftime,
all below the prescribed

1401
01:21:30.711 --> 01:21:32.670
air pressure ranges
measured in each of
the two gauges

1402
01:21:32.713 --> 01:21:34.759
four of the Indianapolis
footballs were tested
at halftime as well

1403
01:21:34.802 --> 01:21:36.543
and all were within
the prescribed
air pressure range

1404
01:21:36.587 --> 01:21:38.067
in at least one
of the two gauges.

1405
01:21:38.110 --> 01:21:40.678
It's really kind of crazy,
because the balls had to be

1406
01:21:40.721 --> 01:21:42.854
below 12 and a half,
because of the ideal gas law.

1407
01:21:42.898 --> 01:21:45.552
They continued to repeat
that right to the end.

1408
01:21:46.292 --> 01:21:49.382
Their counsel continued
to repeat it in briefs.

1409
01:21:49.948 --> 01:21:55.606
That statement is literally true
but it is false in context.

1410
01:21:55.649 --> 01:21:59.044
It is misleading,
it is consciously deceptive,

1411
01:21:59.088 --> 01:22:02.526
and it is pragmatically false,
it puts the reader out of

1412
01:22:02.569 --> 01:22:06.617
working touch with reality.
It put the court out of
working touch with reality.

1413
01:22:06.660 --> 01:22:11.056
[Daniel]
In the brief that the League
filed with the second circuit,

1414
01:22:11.100 --> 01:22:15.452
they said with respect
to whether these notes
were important or not.

1415
01:22:15.495 --> 01:22:18.237
They said, "Well, it really
didn't matter because
Mr. Brady's

1416
01:22:18.281 --> 01:22:20.370
lawyers were present
at most of those interviews."

1417
01:22:22.894 --> 01:22:25.114
Mr. Brady's lawyers were
present at one interview.

1418
01:22:26.506 --> 01:22:29.814
His own.
Even the Patriots' lawyers...

1419
01:22:30.771 --> 01:22:34.993
we were not allowed to be
present at the key interviews,
as to which notes were sought.

1420
01:22:35.037 --> 01:22:37.169
There were two questions
he left undecided.

1421
01:22:37.213 --> 01:22:40.129
He found for Brady on three
and left two undecided.

1422
01:22:40.172 --> 01:22:44.220
One of them was the process
notes, the failure to turn
over the interview notes.

1423
01:22:44.263 --> 01:22:47.788
When it went up
to the second circuit,
the second circuit said,

1424
01:22:47.832 --> 01:22:50.661
"Well, we can decide those.
Ordinarily, we might remand,

1425
01:22:51.401 --> 01:22:53.881
but we can decide these
questions right now.

1426
01:22:53.925 --> 01:22:57.320
We don't have to send
it back to the second--
to the District Court.

1427
01:22:57.363 --> 01:23:00.453
Uh... the interview notes
are not significant.

1428
01:23:00.497 --> 01:23:02.238
No one's told us
why they are needed."

1429
01:23:02.281 --> 01:23:05.023
That's why I went--
when I read that, I went,
"Oh, come on!"

1430
01:23:05.067 --> 01:23:08.070
Among the misstatements
that are made,

1431
01:23:08.113 --> 01:23:12.204
are statements that Brady's
phone contained evidence...

1432
01:23:13.510 --> 01:23:17.514
that would support his
involvement in this scheme
to deflate.

1433
01:23:20.343 --> 01:23:23.607
That was made up
out of whole cloth.
And they made it appear that

1434
01:23:23.650 --> 01:23:28.046
the evidence of deflation
was over-- overwhelming,

1435
01:23:28.090 --> 01:23:30.266
and that Tom's involvement
was overwhelming.

1436
01:23:30.309 --> 01:23:32.224
[news reporter]
Lawyer, Paul Clement is
fighting back

1437
01:23:32.268 --> 01:23:34.792
against reports that
he lied to judges

1438
01:23:34.835 --> 01:23:38.230
during the League's
appeal of Tom Brady's
overturned suspension.

1439
01:23:38.274 --> 01:23:41.146
And the League,
even when this was called
to their lawyers' attention,

1440
01:23:41.190 --> 01:23:43.844
refused to correct
those misstatements.

1441
01:23:43.888 --> 01:23:47.500
And that I find,
uh, very, very troubling.

1442
01:23:47.544 --> 01:23:49.676
It's one thing to...

1443
01:23:50.416 --> 01:23:53.289
state your legal positions
and, as I say, put the best
spin on the--

1444
01:23:53.332 --> 01:23:55.508
on the record, but it's another
thing to misstate things.

1445
01:23:55.552 --> 01:23:59.773
It became very apparent
early on that Tom Brady
was going to lose.

1446
01:23:59.817 --> 01:24:02.776
Suspending Brady
for four games is laughable.

1447
01:24:02.820 --> 01:24:05.431
For four weeks,
Tom Brady will be denied

1448
01:24:05.475 --> 01:24:08.086
the joy of 300-pound men
trying to kill him.

1449
01:24:08.130 --> 01:24:10.958
-[audience chuckle]
-Instead, he is stuck
with a month

1450
01:24:11.002 --> 01:24:14.484
of vacation and nothing
to console himself
but millions of dollars,

1451
01:24:14.527 --> 01:24:18.053
his still valid championship
ring and his supermodel wife.

1452
01:24:18.705 --> 01:24:20.229
So, the system works.

1453
01:24:20.272 --> 01:24:22.100
There are two
separate questions.

1454
01:24:22.144 --> 01:24:26.452
One is, were the balls deflated?
Did Brady cheat?

1455
01:24:26.496 --> 01:24:28.498
The second is, who decides?

1456
01:24:28.541 --> 01:24:31.588
As the case progressed to
the second circuit,

1457
01:24:31.631 --> 01:24:34.591
and the science became
completely debunked,

1458
01:24:35.374 --> 01:24:39.117
what the league grasped onto,
well, they tried to divert
it to the cell phone,

1459
01:24:39.161 --> 01:24:45.167
but what they--
the essential principle that
they really clutched on to was,

1460
01:24:45.210 --> 01:24:48.692
look, whether or not they're--
the science has anything to say

1461
01:24:48.735 --> 01:24:50.389
about whether they were--
that's not the issue!

1462
01:24:50.433 --> 01:24:51.869
Facts aren't an issue here.

1463
01:24:51.912 --> 01:24:54.132
What's an issue is,
who has the right to decide?

1464
01:24:54.176 --> 01:24:57.309
What animated
the judges was that,

1465
01:24:57.353 --> 01:24:59.877
the Union that Tom Brady
is a member to,

1466
01:25:00.617 --> 01:25:04.490
gave Roger Goodell essentially
unlimited discretion

1467
01:25:04.534 --> 01:25:06.057
in deciding what happened,

1468
01:25:06.101 --> 01:25:09.278
and that Tom Brady was
asking for safeguards

1469
01:25:10.148 --> 01:25:15.893
that weren't actually listed in
Article 46 of the collective
bargaining agreement.

1470
01:25:15.936 --> 01:25:20.332
Two of the three judges said,
"Whether it's unfair or not
really isn't important."

1471
01:25:20.376 --> 01:25:24.597
What matters is that
the Union agreed to a policy

1472
01:25:25.163 --> 01:25:27.209
that allowed Roger Goodell

1473
01:25:27.252 --> 01:25:32.214
to reach conclusions that you
could say, defied science.

1474
01:25:32.257 --> 01:25:37.436
So, after Tom Brady lost before
the second circuit panel,

1475
01:25:37.480 --> 01:25:40.135
he petitioned for
an en banc review,

1476
01:25:40.178 --> 01:25:44.878
which is where all
of the active judges on
the court hear an appeal.

1477
01:25:44.922 --> 01:25:46.445
He'll fight his
Deflategate suspension.

1478
01:25:46.489 --> 01:25:48.404
His lawyer's filing
this document today,

1479
01:25:48.447 --> 01:25:50.928
asking the entire
second court of appeals

1480
01:25:50.971 --> 01:25:53.626
to rehear his case
and toss out his suspension.

1481
01:25:53.670 --> 01:25:57.108
They're almost never granted,
less than one percent
of the time,

1482
01:25:57.152 --> 01:25:59.980
and really only in
exceptional circumstances.

1483
01:26:00.024 --> 01:26:01.982
We don't want to
talk about the facts.

1484
01:26:02.026 --> 01:26:03.593
We just want to talk about who
has the right to decide,

1485
01:26:03.636 --> 01:26:05.377
the Commissioner has the right
under the CBA to decide it,

1486
01:26:05.421 --> 01:26:07.205
Commissioner decided it,
end of story.

1487
01:26:07.249 --> 01:26:10.687
Commissioner has the right
to judge his own appeal,
end of story.

1488
01:26:10.730 --> 01:26:12.993
Now, the major United States
Supreme Court case

1489
01:26:13.037 --> 01:26:15.431
that emphasizes that the courts
are supposed to stay out of it,

1490
01:26:15.474 --> 01:26:19.652
Misco provides a--
an exception to that,

1491
01:26:19.696 --> 01:26:22.699
when the courts
can get involved,

1492
01:26:22.742 --> 01:26:28.357
and that's in the case
of evident partiality,
bias and fraud,

1493
01:26:28.966 --> 01:26:32.665
and there was evident
partiality that saturated

1494
01:26:32.709 --> 01:26:35.102
the entire investigation
in the Wells report

1495
01:26:35.146 --> 01:26:37.540
and the Commissioner's
decision on appeal.

1496
01:26:38.236 --> 01:26:41.239
Bias and fraud in
the shift of the rulers.

1497
01:26:41.283 --> 01:26:45.112
But again, the Players'
Association never played Misco.

1498
01:26:45.156 --> 01:26:49.552
[Michael]
He was able to enlist the help
of the New England Patriots,

1499
01:26:49.595 --> 01:26:51.293
who filed an amicus brief.

1500
01:26:51.336 --> 01:26:53.556
An amicus brief is
a friend of the court brief.

1501
01:26:53.599 --> 01:26:55.906
It's not a binding document,
in the sense that,

1502
01:26:55.949 --> 01:26:58.169
it doesn't force
the court to do anything,

1503
01:26:58.213 --> 01:27:00.345
and then Tom Brady, of course,
got Ken Feinberg.

1504
01:27:00.389 --> 01:27:02.869
Ken Feinberg to
file an amicus brief.

1505
01:27:03.653 --> 01:27:09.093
Ken Feinberg is one of the most
influential legal figures

1506
01:27:09.136 --> 01:27:11.138
in the last 20 years
in the United States.

1507
01:27:11.182 --> 01:27:15.621
These are really
significant voices.

1508
01:27:15.665 --> 01:27:20.147
[reporter] He will not be able
to have a rehearing which he
was petitioning for...

1509
01:27:21.410 --> 01:27:25.022
Going to the Supreme Court for
anyone is profoundly difficult.

1510
01:27:25.065 --> 01:27:27.459
The Supreme Court only takes
about one percent of petitions,

1511
01:27:28.155 --> 01:27:30.027
and they tend to be in cases

1512
01:27:30.506 --> 01:27:33.465
that are of significant
policy implications.

1513
01:27:34.074 --> 01:27:39.079
Although Tom Brady's case is
certainly of national interest,

1514
01:27:39.123 --> 01:27:42.953
it doesn't necessarily impact
people across the country.

1515
01:27:42.996 --> 01:27:45.608
The problem here for the
Supreme Court to take this case,

1516
01:27:45.651 --> 01:27:50.047
is that, it wasn't
a representative example,

1517
01:27:50.830 --> 01:27:54.356
for the court to review
the powers of management

1518
01:27:54.399 --> 01:27:57.054
to discipline employees,

1519
01:27:57.097 --> 01:28:01.928
that an NFL player is different
from a regular Union employee,

1520
01:28:01.972 --> 01:28:03.626
on all sorts of levels,

1521
01:28:03.669 --> 01:28:06.498
including the system of justice
that the NFL has,

1522
01:28:06.542 --> 01:28:09.414
which is so stacked
in favor of the NFL.

1523
01:28:09.458 --> 01:28:11.068
Typically, when an
employee is punished,

1524
01:28:11.111 --> 01:28:15.507
there's a panel that reviews
the employee's punishment.

1525
01:28:15.551 --> 01:28:17.727
There's usually one
person from management,

1526
01:28:17.770 --> 01:28:21.383
one person from labor
and then someone neutral.

1527
01:28:21.426 --> 01:28:27.432
In the NFL, it's the same
person that found the facts,
that issued the punishment,

1528
01:28:27.476 --> 01:28:30.696
he comes back again--
I mean, it's this really
unusual system that,

1529
01:28:30.740 --> 01:28:33.090
for the Supreme Court
to take a case...

1530
01:28:33.917 --> 01:28:37.355
that delves into really
important issues of,

1531
01:28:37.399 --> 01:28:39.792
when can management
punish employees?

1532
01:28:39.836 --> 01:28:42.752
And what are the rights of
employees to contest those
punishments?

1533
01:28:42.795 --> 01:28:44.710
This wasn't a good case to do.

1534
01:28:44.754 --> 01:28:48.801
We also know that Tom had just
wanted to stop at that point.

1535
01:28:48.845 --> 01:28:50.629
It was just a personal decision.

1536
01:28:51.804 --> 01:28:53.937
So I tried to come out here and
just focus on what I need to do

1537
01:28:53.980 --> 01:28:55.721
to get better and help our team.

1538
01:28:56.853 --> 01:29:00.247
Like I said, I'll be, you know,
excited to be back when I'm back

1539
01:29:01.423 --> 01:29:02.685
and I'll be cheering our team on

1540
01:29:02.728 --> 01:29:04.121
and hoping we go out
and win every game.

1541
01:29:08.430 --> 01:29:10.388
[Robert]
Even as we disparage justice,

1542
01:29:10.432 --> 01:29:12.564
there is no justice,
there couldn't be,

1543
01:29:12.608 --> 01:29:15.959
"The strong do what they can,
the weak accept what they must,"

1544
01:29:16.002 --> 01:29:19.136
there's a part of us that does
believe in justice, most of us.

1545
01:29:19.745 --> 01:29:24.620
And we look to sport as one of
the places to establish justice,

1546
01:29:24.663 --> 01:29:25.925
through the outcome.

1547
01:29:25.969 --> 01:29:28.145
I got thrown back to the--
[stutters]

1548
01:29:28.188 --> 01:29:32.541
the medieval way of determining
a person's innocence or guilt,

1549
01:29:32.584 --> 01:29:34.630
and whether they
had violated the law,

1550
01:29:34.673 --> 01:29:37.023
and that was trial by ordeal.

1551
01:29:37.067 --> 01:29:40.592
When they didn't have
evidence sufficient to
either acquit or convict,

1552
01:29:41.158 --> 01:29:43.073
there were several
ways of handling it.

1553
01:29:43.116 --> 01:29:47.860
One way was to force
the accused to put his
hand on a... [stutters]

1554
01:29:47.904 --> 01:29:53.344
on a hot-- red, hot iron rod
and then immediately
bind up his hand,

1555
01:29:53.388 --> 01:29:57.174
and three or four days
later take off the bandages,

1556
01:29:57.217 --> 01:30:02.092
and if he-- his hand was clean
and clear and unblistered,
then he was innocent.

1557
01:30:02.135 --> 01:30:07.053
The point was that,
when Brady refused
to engage his own defense

1558
01:30:07.097 --> 01:30:09.578
actively throughout
the Deflategate controversy,

1559
01:30:09.621 --> 01:30:12.145
leaving it to
the lawyers to handle it,

1560
01:30:12.624 --> 01:30:15.497
and essentially saying that he
would settle it on the field.

1561
01:30:15.540 --> 01:30:16.889
There's a sense in which,

1562
01:30:16.933 --> 01:30:19.326
trial by ordeal was
settling it on the field.

1563
01:30:19.370 --> 01:30:23.026
[upbeat music]

1564
01:30:24.419 --> 01:30:26.682
[somber music]

1565
01:30:34.124 --> 01:30:35.560
And we're playing the Falcons.

1566
01:30:35.604 --> 01:30:39.738
And as everyone saw, we were
getting our asses kicked.

1567
01:30:39.782 --> 01:30:42.088
The end of the second half,
my mom was defeated.

1568
01:30:42.132 --> 01:30:43.568
She's texting my uncle,

1569
01:30:43.612 --> 01:30:45.091
"When are we going to get
out of here?"

1570
01:30:45.135 --> 01:30:47.572
[Jerry]
Desperate times.
He needs to move the ball.

1571
01:30:47.616 --> 01:30:50.445
The clock is running, the
Patriots are casual about this.

1572
01:30:50.488 --> 01:30:53.012
It's like they're running
seven-on-seven drills
in training camp,

1573
01:30:53.056 --> 01:30:55.493
and you're going, "Does anybody
care that the clock is running?"

1574
01:30:55.537 --> 01:30:57.452
-[crowd cheering]
-[commentator] Touch-down,
at last.

1575
01:31:01.543 --> 01:31:04.328
Here is Coleman,
end zone, touchdown.

1576
01:31:05.111 --> 01:31:07.026
[David]
One minute left
in the third quarter.

1577
01:31:07.070 --> 01:31:09.725
We're down 28 to three.
Not over yet.

1578
01:31:09.768 --> 01:31:12.075
Like, you guys
have to understand,
this game's still going.

1579
01:31:15.557 --> 01:31:19.474
[shouting]

1580
01:31:20.170 --> 01:31:22.999
He hits Danny Amendola
on a deep cross,

1581
01:31:23.042 --> 01:31:24.348
and now you start to think,

1582
01:31:24.391 --> 01:31:25.915
this actually maybe
could happen.

1583
01:31:25.958 --> 01:31:28.787
[uplifting music]

1584
01:31:28.831 --> 01:31:31.660
The Patriots catch a break,
where the ball's kind of tipped

1585
01:31:31.703 --> 01:31:33.836
and Julian keeps
fighting for the ball.

1586
01:31:34.532 --> 01:31:37.622
He ends up with his
hands under the ball
and he makes the catch,

1587
01:31:37.666 --> 01:31:41.060
and it just didn't seem, like,
possible that he would
make this catch.

1588
01:31:45.064 --> 01:31:48.851
And then, as they put on one
scoring drive after another,
you felt it all change.

1589
01:31:48.894 --> 01:31:52.158
Gotta lock in now, laser focus!

1590
01:31:52.202 --> 01:31:54.900
[David]
Tom Brady really wanted this
game more than anything,

1591
01:31:54.944 --> 01:31:56.380
and if I know one thing
about Tom Brady,

1592
01:31:56.423 --> 01:31:58.251
if he wants something,
he's going to accomplish it.

1593
01:32:00.210 --> 01:32:02.908
They were able to take
everything the NFL did to them

1594
01:32:02.952 --> 01:32:06.608
and spin the table
and counterpunch them,
right back in the solar plexus.

1595
01:32:06.651 --> 01:32:07.609
It was beautiful.

1596
01:32:07.652 --> 01:32:10.742
[crowd cheering]

1597
01:32:14.703 --> 01:32:17.880
You can look into the
Super Bowl as a trial by ordeal.

1598
01:32:19.229 --> 01:32:23.320
That he would, in fact,
make the statement as to
his own guilt or innocence,

1599
01:32:23.363 --> 01:32:24.930
on the field.

1600
01:32:27.019 --> 01:32:30.762
And if we embraced that notion,
that you can make a statement
on the field,

1601
01:32:30.806 --> 01:32:34.984
then Tom Brady made the most
emphatic of statements,

1602
01:32:35.027 --> 01:32:36.028
in his own defense.

1603
01:32:37.029 --> 01:32:38.204
His victory.

1604
01:32:39.554 --> 01:32:42.818
Goodell put a lot
on the line with Deflategate.

1605
01:32:42.861 --> 01:32:45.864
And ultimately,
in a technical sense, he wins.

1606
01:32:46.473 --> 01:32:49.607
Though I think it really
damaged his reputation.

1607
01:32:49.651 --> 01:32:54.133
I think it led to an outcome
that a lot of people think
doesn't make sense.

1608
01:32:54.177 --> 01:32:56.788
And here's the thing.
Brady has taken the high road.

1609
01:32:56.832 --> 01:33:00.618
Personally, I'm an asshole.
I like the low road.

1610
01:33:00.662 --> 01:33:03.708
The low road is a much
easier road to travel,

1611
01:33:03.752 --> 01:33:05.971
you get much better
mileage that way,

1612
01:33:06.015 --> 01:33:07.886
it's where all of
my friends are.

1613
01:33:07.930 --> 01:33:11.934
I think the best revenge
is a life well led,

1614
01:33:11.977 --> 01:33:14.676
and holding up
another Lombardi trophy,

1615
01:33:14.719 --> 01:33:18.462
in the middle of another red,
blue and silver confetti shower,

1616
01:33:18.505 --> 01:33:20.551
is going to be their
revenge in the long run.

1617
01:33:20.595 --> 01:33:26.296
If this happened to Tom
and the Patriots,

1618
01:33:26.339 --> 01:33:29.865
no player and no team
is safe from...

1619
01:33:31.083 --> 01:33:32.650
the whims of the League office.

1620
01:33:32.694 --> 01:33:35.131
I really do think
that in the long run,

1621
01:33:35.174 --> 01:33:37.655
the truth is gonna--
is gonna win,

1622
01:33:37.699 --> 01:33:41.441
and-- and that the facts will
come out and people are smart.

1623
01:33:41.485 --> 01:33:42.834
Collectively, we're smart.

1624
01:33:42.878 --> 01:33:45.141
That's the whole beauty
of the jury system,

1625
01:33:45.184 --> 01:33:47.447
it's that when you put six
or twelve people together

1626
01:33:47.491 --> 01:33:50.886
that don't have
a stake in the dispute,

1627
01:33:50.929 --> 01:33:53.802
that collectively,
more often than not,

1628
01:33:53.845 --> 01:33:55.847
they're going to reach
the right conclusion.

1629
01:33:55.891 --> 01:34:00.678
And-- and I truly believe
that we can get there.

1630
01:34:00.722 --> 01:34:02.288
In this world, we seek justice.

1631
01:34:02.332 --> 01:34:05.683
Thucydides,
the ultimate realist,

1632
01:34:05.727 --> 01:34:08.251
said it best,
when it came to justice.

1633
01:34:08.294 --> 01:34:13.212
He said, "Justice depends
upon the equal power to compel.

1634
01:34:13.822 --> 01:34:17.477
The strong do what they can,
the weak accept what they must."

1635
01:34:17.521 --> 01:34:22.918
In the end, the NFL,
the strong party and power,

1636
01:34:23.440 --> 01:34:25.268
won their court case.

1637
01:34:25.311 --> 01:34:30.882
In the end, the legal verdict
is that Tom Brady cheated.

1638
01:34:32.318 --> 01:34:33.885
That's the legal verdict.

1639
01:34:34.581 --> 01:34:36.279
That's not
the historical verdict.

1640
01:34:36.845 --> 01:34:39.935
History has a way of getting
the last word on these things.

1641
01:34:39.978 --> 01:34:44.983
[uplifting music]