The final brief submitted by the NFL in support of the decision to suspend Patriots quarterback Tom Brady reiterates the same arguments the league already has made. In a footnote on the final page of the brief, the NFL makes a curious claim.
As to the league’s argument that the Commissioner has the authority under the Collective Bargaining Agreement to consider new evidence on appeal (e.g., Brady’s “destroyed” phone) even if that evidence was not considered in connection with the original disciplinary decision, the NFL contends that the Commissioner also had the authority to increase the suspension on appeal.