Tom Brady’s Deflategate appeal hopes take a hit during hearing Thursday

New England Patriots quarterback Tom Brady could again be facing a four-game suspension for the scandal known as Deflategate after federal appeals court judges spent time Thursday shredding some of his union’s favorite arguments for dismissal.

The 2nd U.S. Circuit Court of Appeals in Manhattan gave a players’ union lawyer a tough time, with Circuit Judge Denny Chin even saying evidence of ball tampering was “compelling, if not overwhelming,” and there was evidence to support a finding that Brady “knew about it, consented to it, encouraged it.”

“How do we as appellate judges reviewing an arbitrator’s decision second-guess the four-game suspension?” Chin asked attorney Jeffrey Kessler of the NFL Players Assn.

The appeals court did not immediately rule, but it seemed to lean heavily at times against the union’s arguments, raising the prospect that the suspension Brady was supposed to start last September before a judge nullified it may begin next season instead.

The appeals panel seemed receptive to the NFL’s argument that it was fair for Commissioner Roger Goodell to severely penalize one of the game’s greatest quarterbacks after concluding he tarnished the game by impeding the league’s investigation into deflated footballs, including destroying a cellphone containing nearly 10,000 messages. The league had concluded that deflated balls were used when the Patriots routed the Indianapolis Colts at the January 2015 AFC championship game before they went on to win the Super Bowl.

Judge Barrington D. Parker said the cellphone-destruction issue raised the stakes “from air in a football to compromising the integrity of a proceeding that the commissioner had convened. ... With all due respect, Mr. Brady’s explanation of that made no sense whatsoever.”

The judges did not treat the NFL gingerly either, with Parker questioning whether Goodell took his authority too far by designating himself the arbitrator and making findings that went beyond a report prepared by an investigator the league hired.

Parker told NFL attorney Paul Clement that Goodell in effect is “the judge, the juror and, execution is not the right word, but the enforcer,” and that his power made his role different fundamentally from arbitration cases the court typically handles.

Clement said both sides had agreed in contract negotiations that Goodell would preside over “conduct detrimental” proceedings.

Chargers release four, including Butler and Brown

The San Diego Chargers released linebacker Donald Butler, who played in 71 games over the last five seasons, including 62 starts. His career totals include 432 tackles, 33 tackles for loss, seven sacks and three interceptions.

The Chargers also released running back Donald Brown and linebackers Kavell Conner and Chi Chi Ariguzo.

Brown and Conner were with the Chargers for two seasons after being signed as free agents. Brown rushed for 452 yards and a touchdown during his time with San Diego.

Etc.

The Baltimore Ravens have released linebacker Daryl Smith and cut ties with defensive end Chris Canty, moves designed to create salary cap space. ... The Jacksonville Jaguars have cut guard Zane Beadles and defensive end Chris Clemons, saving the team $9.5 million against the 2016 salary cap. ...

The Carolina Panthers released the defensend Charles Johnson, a move that will save it $11 million under the salary cap. The team will carry $4 ive million of “dead money” on this year’s cap left over from the remainder of Johnson’s prorated signing bonus. Carolina also released 34-year-old defensive tackle Dwan Edwards, a move that opens up an additional $1.6 million in cap space, and backup offensive tackle Nate Chandler. And it re-signed backup free agent offensive guard Chris Scott to a one-year contract. Terms of that deal were not announced. ...

The Indianapolis Colts have made a qualifying offer to tight end Jack Doyle, who is a restricted free agent. Indy will have the right to match any offer Doyle gets from another team.

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