The NFLPA has resisted explaining that its position in the Tom Brady litigation is essentially this: “Even if Tom Brady did it, you can’t suspend him for it.” Putting it that way would open the floodgates for allegations that BRADY HAS ADMITTED IT!, even though that wouldn’t be the case.
The NFL has taken a different approach regarding the supposed “independence” of investigator Ted Wells. At page 12 of the league’s latest submission to Judge Richard M. Berman, the league describes the issue as irrelevant.
“The debate about the independence of the investigation has no bearing on whether the NFLPA had an adequate opportunity to present evidence at the hearing, which is all that the CBA and fundamental fairness require,” the league explained.