Hi there! Been a while, hope this account still works and State Secrets or something has not overcome due process on this here blog.
So, here we are in the waning days of summer. I would have written more about the Formula One Circus but, frankly, it has mostly bored the heck out of me this year. The, still, best driver in F1 is stuck in a crappy underperforming McLaren and has to drive his ass off and hope for attrition to even score a point. That would be Fernando Alonso if you haven’t guessed. While lesser drivers, with far better machinery, you know, those like the two insolent crybabies at Mercedes, have such superior equipment that they wrongfully think they are kings. It is all enough to make an old school fan like me puke. Well, enough about the circus, let’s get to the real meat and potatoes of this blog’s sports coverage, the NFL.
As you may have heard, there is a little kerfuffle called #Deflategate that has been going on since before the last SuperBowl. On one side, we have an arrogant all powerful giant human jackass (no, not Dick Cheney this time) named Roger Goodell, and on the other, we have the epitome of bright and light, the All American Hero, and lover of supermodels, Tom Brady. If you think this is not a fair fight, and Brady is the clear winner, advance and collect your winnings.
Okay, back to Chris Mortensen’s apparently shriveled journalistic balls. Let me be clear, this is just opinion (even if putatively well founded opinion), but what kind of “balls” does a man who is spoon fed lying ass bullshit by “NFL Sources” in the form of a tweet that said:
The NFL found 11 of the Patriots’ 12 game balls for Sunday’s 45-7 AFC Championship Game win over the Indianapolis Colts were under-inflated by two pounds per square inch each, league sources told ESPN’s Chris Mortensen on Tuesday.
Obviously, as the actual testing (not to mention the late great “Wells’ Report) confirmed, that was an outright giant flaming LIE. Call it what it is, it was not a minor discrepancy, it was an outright flaming lie. A lie that led directly to the public outcry that begat what we now know as the multi-million dollar boondoggle bullshit “#Deflategate”.
Peter King (no, not the militant chickenhawk moron from Long Island, the other one from Sports Illustrated) was fed the same blatant inflammatory lie by what appear to be NFL officials, but King had the balls, and intellectual integrity, to apologize.
Did Chris Mortensen or THE WORLDWIDE LEADER, ESPN, have the intellectual and moral integrity to apologize? No, of course the craven bastards did not. In fact, Mortensen silently deleted his original tweet. What a gutless and tiny balled coward. And ESPN has proved itself to be an oppressive behemoth that is willing to put itself, and its allegiance to the NFL, above their journalistic ethics. How pathetic.
That blatantly false report germinated the entire waste of time that is now #Deflategate. Seriously, without Mortensen’s and ESPN’s relentlessly trumped up and featured false report, tagged on by King and SI, there would simply never have been #Deflategate. But it was clearly something the NFL wanted pushed, and they got their want, one way or another. Oh, by the way, is there further evidence that ESPN and Chris Mortensen may be dishonest news sources without a shred of credibility? Yes, yes there is. Mortensen reported that the Kraft family and Patriots had apologized to him. Was that true? No, according to the Krafts on behalf of the Patriots, that was blatantly false.
Here is the thing: #Deflategate is a house of cards built on a pile of dung. If you have an iota of concern for fundamental fairness and due process, you ought be offended – even if this is only a civil labor law mess involving millionaires against billionaires. It all matters, and the labor law principles in play here are beyond critical to all union workers and collective bargaining agreements, not just those of rich athletes. So, yeah, don’t kid yourself, this matters. A lot. If Tom Freaking Brady cannot get fundamental fairness and due process on a collectively bargained agreement, how the hell do you think a UAW, Teamster, teacher, or any other union member will? If you haven’t noticed, labor in this country is under direct attack. Don’t be the guy (or girl!) that aids that attack just because this iteration of the conflict involves Tom Brady and/or rich athletes. This matters, both in general as to all workers under labor agreements, and to your hometown sports teams and players too.
So, there you have Chris Mortensen and his tiny disingenuous balls, but what about some overall facts and law on #Deflategate? Got you kind of covered. And this is especially timely since the last big actual live court day is coming up on Monday, August 31st. So, here we go with some various background resources for you. If you are interested, please read them, you will be better informed. If not, that is cool too, but understand there are very good reasons I take the stances I have on #Deflategate. Off we go!
Soooo….where to start? How about a prediction, you want a prediction?? Sorry, don’t have one. BUT, I will say this, I have read most of the transcripts and filings, and I do not subscribe to the thought that Judge Richard Berman’s clearly antagonistic position to the NFL/Goodell side is all posturing trying to force a settlement. Is there some of that going on? Trust me, almost certainly. By the same token, by my experience, and I have a little, there is simply no way Berman is being as consistently pointed and dubious of one side, the NFL/Goodell, as he has been without being convinced their argument is lame. Yes, judges often play “devil’s advocate”, but what Berman has engaged in strikes me as well beyond that.
So, while I won’t make a prediction, the Brady/NFLPA side must feel pretty positive about how it has gone so far. I am understating that a little.
So, on what grounds do I think Brady and the NFLPA may win on? Two grounds – 1) Notice and 2) Process denial regarding evidence and witnesses by the NFL, to wit, Jeff Pash and related evidence.
Then there is the “Pash preclusion”. Jeff Pash is the General Counsel to the NFL. He is also its Executive Vice President. Those are not necessarily copascetic if a corporate entity wants to maintain even the reduced semblance of “attorney/client privilege” of having a “corporate counsel”. Seriously, this kind of privilege comes close to vapor when you commingle your attorney with corporate leadership. But that is exactly what the NFL has done here, and much more. And that is peanuts compared to the fact that the NFL made Pash the effective, really de facto, co-independent “investigator” (they even stated it in a press release) along with Ted Wells and then gave Pash editorial control over the so called “Independent Wells Report”. then Goodell refused to make Pash available for testimony, stating that he was irrelevant and privileged.
Ooops, did the arrogant Goodell and the NFL bugger their own ruse beyond belief as to Pash? Yes, and it is crystal clear. Even Judge Berman was incredulous.
Yes, arbitration decisions are given “great deference” by courts, and generally are not disturbed. But they can be when they present genuine issues of fairness and partiality. #Deflategate may be a silly case to most of the lay public, but these are serious and critical issues in labor law, and if the exacerbated issues in the Brady case cannot be addressed by a court, then pretty much no labor arbitration can ever be. For a far more detailed explication of the Pash problem, see this outstanding piece by Ian Gunn.
I invent the wheel only when I need to (and mostly when clients pay me to); I try to not do so when it has already been done by worthy people before me. Dan Werly, Dan Wallach, Michael McCann, Brian Holland, Alan Milstein, Raffi Melkonian and Ian Gunn are folks that did the hard lifting while I was, mostly, away frolicking at the beach in La Jolla when the most critical filings came out. All fantastic people that I came to know because of Roger Goodell’s #Deflategate folly. Hat’s off to them, as well as Stephanie Stradley with some fantastic early scene setting. These are all serious people that you should follow, not just for #Deflategate, but for any sports related law and thought. I think all, including me, feel Brady and the Players Association have the far better hand, in both posture and presentation, than Goodell and the NFL. Really, it is not even close, though there is no telling what Berman will do in the end. By this time next week, we will know.
Welp, I may have focused on #Deflategate more than I intended. Or not. This post was meant as an acerbic discussion point, not a full on explication, which would have consumed thousands of additional words. F1, and sports in general have just been boring lately, as you can tell by how often I have bothered to write about them. But the legal machinations in #Deflategate have been fascinating, at least to me. The All American boy Brady, the Boris Badanov evil Goodell, the flamboyant crusading Player’s Association lawyer Jeffrey Kessler, the Snidely Whiplash Ted Wells to the calm but annoyed judge Richard Berman. The characters are all there.
So, that’s it. Rock on lug nuts. Trash talk like you are Michael Jordan. Do it up. But, if you don’t agree with my #Deflategate thoughts, you can send some Dead Flowers. By the US Mail. And don’t forget the roses…
Update, 8/10: Time has a transcript, which was updated at 12:46 ET today, that includes the Bloomberg exchange. The exchange is also included in the broadcast available here now. Thanks to irootsorg for alerting me it is now available.
Ginalou made a remarkable discovery this morning. In the transcripts from last night’s debate that have been released thus far, the exchange where Megyn Kelly asks Jeb Bush about his service on the Bloomberg Foundation at a time when it supported Planned Parenthood (here’s an earlier report on it) has been scrubbed. The exchange should appear where it says “(COMMERCIAL BREAK)” here.
Someone caught it in the YouTube above (though Fox will surely do a take-down of that). Fox appears only to be releasing selected clips of the debate, and this exchange is not included.
Here’s my transcription for posterity:
Kelly: Governor Bush, let’s start with you. Many Republicans have been outraged recently by a series of videos on Planned Parenthood. You now say that you support ending federal funding for this organization. However, until late 2014, right before you started your campaign, you sat on the board of a Bloomberg charity that quite publicly gave tens of millions of dollars to Planned Parenthood, while you were a Director. How could you not know about these well-publicized donations [a few boos] and if you did know, how could you help a charity so openly committed to abortion rights?
Bush: I joined the Bloomberg foundation because of Mike Bloomberg’s shared commitment for meaningful education reform. That’s why I was on it. We never had a debate about the budget. It was presented and we approved it. Not item by item. Here’s my record. As governor of the state of Florida, I defunded Planned Parenthood. [applause] I created a culture of life in our state. We were the only state to appropriate money for crisis pregnancy centers. We expanded dramatically the number of adoptions out of our foster care system. We created — we did parental notification laws. We ended partial birth abortion. We did all of this. And we were the first state to do a “choose life” license plate. Now 29 states have done it and tens of millions of dollars have gone to create a culture where more people, more babies are adopted.
Kelly: But did you know?
Bush: [pause] No. I didn’t know. But it doesn’t matter. I was working on this board because of the education. My record is clear. My record as a pro-life governor is not in dispute. I am completely pro-life and I believe that we should have a culture of life, it’s informed by my faith from beginning to end. [big applause] And I did this not just as it related to unborn babies, I did it at the end-of-life issues as well. This is something that goes way beyond politics. And I hope one day that we get to the point where we respect life, in its fullest form, across the board. [applause]
There are multiple better voices here to address the apparent demise of Firedoglake, whether briefly or at length. I was, in a way, an interloper by chance. By fortune, actually. Because I was asked, for inexplicable reasons I will never fully understand, but will always treasure, to join Emptywheel when it morphed from The Last Hurrah into the Emptywheel blog at Firedoglake. Yes, I had been a decent contributor to both Next Hurrah, and, often, FDL, but still it was a bit of a shock when it came.
I can honestly say I, as a result, encountered some of the finest and most genuine people in my life. That happened because of FDL, both as to the lifetime friendships with people that are here with us, including, most notably, Marcy, and all the others. Marcy, Rayne, Jim White, Ed Walker, Rosalind….and, please, let us not forget Mary and some of the others no longer here. All that came, at least for me, out of seeing Scooter Libby coverage early on nearly a decade ago. At FDL.
This medium may be digital, but it has wings and real life beyond the URL’s and binary code or whatever. The people I have met and interacted with as a result of being around FDL were, with little exception, remarkable, intelligent, wonderful and I think the world has been made better by them.
So, to Jane Hamsher, Christy Hardin Smith, Siun, Pachacutec, Richard Taylor, Karl, Suzanne, Bev Wright (Bev and Book Salon was one of the most awesome things ever), Ellie, each and every one of the fantastic moderators who were the ones who kept the enterprise really alive for so long, and a host of others that allowed me to participate with them, thank you. There are too many to list, and I love one and all. You will all be missed, and I apologize to the too many other friends I met there and have not listed. You know who you are, and thank you.
I am starting to see eulogies all over the web, and most are quite decent. FDL was right, and early so, about the rule of law, the Cheney Administration, torture, surveillance, marriage equality and ACA/Obamacare, just to name a few of the plethora of topics breached on her pages. The voices have not died, but, now, the common enterprise has.
I will leave it to others to say where exactly FDL fits into the hierarchy and history of the blogosphere, but it was certainly up there. Thanks, and vaya con dios FDL.
Update, from emptywheel: bmaz forgot to mention DDay, but I’m certain it was an oversight.
There is a distinct problem in this country with excessive inbreeding of politicians, lobbyists and journalists. In a country where so many are now ruled by so few in power, it is becoming, if not already become, the biggest threat to American democracy. I would add in corporations, but, heck, who do you think the politicians, lobbyists and journalists represent at this point?
Now, corporations and their money through their mouthpiece lobbyists have long had a stranglehold on politics, whether through the corps themselves or their wealthy owners. But the one saving mechanism has historically been claimed to be the “Fourth Estate” of the American press who were there on behalf of the people as a check on power. But what if the Fourth Estate becomes, in fact, part of the power? What then?
What if the crucial check on federal and state power is by journalists who are little more than stenographers clamoring for access and/or co-opted social friends and elites with the powers that be? What if the sacrosanct civil servants of this country are nothing but Kardashian like shills out for a free gilded ride before they leave office to cash in with private sector riches befitting their holiness?
Golly, if only there was an example of this incestuous degradation. Oh, wait, get a load of this just put up by Kate Bennett’s KGB File at Politico:
In a generally stay-at-home administration, one member of the Obama Cabinet is proving to be the toast of the town. Jeh Johnson, the oh-so-serious-on-the-outside secretary of Homeland Security, is fast becoming Washington’s No. 1 social butterfly, dining out at posh restaurants like CityCenter’s DBGB, as he did last week with a small group that included Amy Klobuchar, Steny Hoyer, CNN’s Jim Sciutto, the New York Times’ Ashley Parker, author Aaron Cooley, and lobbyist Jack Quinn and his wife Susanna.
For a guy who’s been running a 24/7 war against terror since 2013, Johnson seems to have a lot of time to trip the light fantastic. He can often be seen enjoying regular catch-up sessions with BFF Wolf Blitzer at Café Milano (back table, naturally); and mingling at black-tie soirées, such as the Kennedy Center Spring Gala, the Opera Ball, or a champagne-fueled VIP garden party at Mount Vernon to toast French-American relations, all of which Johnson attended—and stayed at beyond the requisite cocktail-hour schmooze.
Story Continued Below
“There’s rarely an invitation he’ll turn down,” says an aide to Johnson, who prefers to remain anonymous, of his boss’s penchant for spending three-to-four evenings a week at social functions — and actually enjoying them.
I am not going to bother to dissect that, it speaks all too clearly for itself. And it is hard to figure which is more pukeworthy, the bon vivant civil servant or the elitism displayed by the supposed watcher last bastion journalists. It is all of the same cloth.
What’s wrong in Washington DC? Here you go. When the pathology on the boneyard of American democracy is run, this vignette will appear.
Maybe this is why Tom Vilsack could find a spare couple of hours out of one of his days to explain in a deposition why he and the Obama Administration knee jerkily demanded Shirley Sherrod’s resignation based upon a crank fraudulent video by a schlock like Andrew Breitbart.
Because “Executive Privilege” now means “Privileged Executives” who can party all night with their elitist journalistic pals and screw the rest of the government, and people it serves, during the day. Just like the Founders envisioned obviously.
We already knew Sony Pictures Entertainment’s (SPE) hack was bad. We knew that the parent, Sony Group, had been exposed to cyber attacks of all kinds for years across its subsidiaries, and slow to effect real changes to prevent future attacks.
And we knew both Sony Group and SPE shot themselves in the feet, literally asking for trouble by way of bad decisions. Sony Electronics’ 2005 copy protection rootkit scandal and SPE’s utter lack of disregard for geopolitics opened the businesses to risk.
But FORTUNE magazine’s expose about the hacking of SPE — of which only two of three parts have yet been published — reveals a floundering conglomerate unable to do anything but flail ineffectively.
It’s impossible to imagine any Fortune 500 corporation willing to tolerate working with 1990s technology for any length of time, let alone one which had no fail-over redundancies or backup strategies, no emergency business continuity plan to which they could revert in the event of a catastrophe. But FORTUNE reports SPE had been reduced to using fax machines to distribute information, in large part because many of its computers had been completely wiped by malware used in the attack.
Pause here and imagine what you would do (or perhaps, have done) if your computer was completely wiped, taking even the BIOS. What would you do to get back in business? You’ve given more thought about this continuity challenge than it appears most of SPE’s management invested prior to last November’s hack, based on reporting to date.
A mind-boggling part of FORTUNE’s expose is the U.S. government’s reaction to SPE’s hack. The graphic above offers the biggest guffaw, a quote by the FBI’s then-assistant director of its cyber division. Knowing what we know now about the Office of Personnel Management hack, the U.S. government is a less-than-credible expert on hacking prevention. While the U.S. government maintains North Korea was responsible, it’s hard to take them seriously when they’ve failed so egregiously to protect their own turf. Continue reading
Love will find a way, and it finally has. There are many, many friends I am thinking of right now, and they all know exactly who they are. Congratulations, and it was far too long coming. Here is the opinion.
There is so much to say, that it is hard to know what to actually say. There are many quotes like this one, but it is indicative of the decision:
“laws excluding same-sex couples from the marriage right impose stigma and injury of the kind prohibited by our basic charter.”
What I don’t find in the majority decision, as wonderful as it is, is discussion of heightened scrutiny, strict scrutiny, or other clear cut, across the board protection for the status of sexual identity. And that is disappointing. Also why I cried bit when SCOTUS, two years ago to this very day, callously refused to take the incredibly wonderful tee shot that Vaughn Walker gave them in the Proposition 8 case previously.
I guess the handwriting was on the wall when even the old liberal lion Steve Reinhardt, a man I have met, and a judge I truly love and revere, pulled up short and did not have the balls to take the root concept of sexual identity “equality” where it naturally flowed when he had the pen in his wise hand. But he didn’t then, and his old friend Tony Kennedy has not today.
So, while there is so much to cheer right this moment, we, and this country, are still far from where we need to be with regard to inclusion of all our citizens in the concept of equality. It is more than black and white, it is straight, gay and trans too. We are all on this patch of earth together, and we all are equal, and that needs to be admitted legally by the highest court in the land and understood by all the people it serves.
So, there are still miles to be traveled. Let the four, count them four, spittle laced, bigoted, backwards, and disgusting dissents in the Obergefell decision speak for themselves. Honestly, they make me want to puke. For all that were celebrating the enlightened liberal thought of Chief Justice John G. Roberts yesterday, today is a rough reminder of who and what he really is. And you really have to read Scalia and Alito to understand the fucked up pathology of the dissenters. Wow.
Here is a bloody secret about blogging: The best ideas you express often come from others, even if you value add on to them. Welp, there will be no value adding on here, this post is 100% the work of our longtime friend at both Emptywheel and FDL, the one and only Peterr:
I had this vision of Donald Trump taking down the Statue of Liberty, replacing it with an even larger figure of himself, with a new poem inscribed on the base befitting his views on immigrants.
The New New Colossus
Not like the New Colossus, French-built bile
With calling torch and open arms so grand;
Now on this isle a Grander One shall stand:
A mighty huckster with a scam, whose smile
is a racist, hateful sneer, with his pile
of ego-sculpted hair. From his grasping hand
comes a devil’s contract; his beady eyes demand
payment ‘ere any travel one more mile.
“Keep, foreign lands, your homeless poor,” cries he
with flapping lips. “Give me your greedy, your rich,
Your coddled wealthy yearning to pay me,
the grasping powers drawn here by my pitch.
Send these, the makers, ready with my fee;
I snuff the lamp of Liberty, that bitch.”
I leave it to your imagination to envision the figure of The Donald standing astride New York harbor for yourself.
Okay, Peter is a long time friend, and his take totally merited publication. But Lady Liberty takes some attending to. You have to want the freedom of this country, you have to want it bad, and you have to be willing to fight for it, even when that freedom makes your blood curl (props to Sorkin’s American President). But wanting the American ethos is easy for an apparently gerbil topped pretender like Donald Trump. Trump wants the limelight, wants all the glory, and never wants to answer for the hell of stupidity, bankruptcy, loss of jobs and ignorance that he really stands for. Troll on Donald.
So many have given their lives for the right of a hollow shill to troll the American electorate. So many have died for that. So many just to give a blowhard clownshow jackhole the right to parade around like he is diddly shit other than the court jester and a sideshow amusement huckster.
The American people can propagate and tolerate an enormous amount of stupid, but not enough to let a pompous, bankruptcy generated, pompous jackass like Donald Trump through the door. Just an opinion, and a sincere hope.
Nope. George Bush was one thing, Trump is a bridge too far.
If you haven’t watched this Bloomberg-produced video yet, you should. The women directors interviewed are highly skilled and have been fighting Hollywood’s not-at-all-liberal misogyny for decades.
And yes, decades — nothing substantive has happened since 1983 when Reagan-appointee Judge Pamela Rymer ruled for two major studio defendants in the Directors Guild of America‘s lawsuits against them for their discriminatory hiring practices. There was an uptick for about one decade after the suit; by 1995, roughly 16% of movies were directed by women.
But since then the numbers have fallen, and neither the DGA nor the federal Equal Employment Opportunity Commission (EEOC) have done anything about it.
We could cut some slack on the first decade, between 1995 and 2005, right? Congress was full of right-wing zealots chasing the president over a blowjob, and the president who followed him was hyper-focused on going to war, pushed by Dick Cheney’s hand up his backside. Their administrations drifted along with them, shaped by their leaders’ attentions.
But a second decade now — over thirty years in all since 1983 — and the EEOC gave the matter no attention at all? It’s not as if the film and television industries aren’t right under the noses of people charged with paying attention. Who can work in government and say they haven’t watched any television or film in thirty years? Hello, West Wing?
Or is that an answer in itself, that the film and television industries are merely acting with government sanction, that it is U.S. government policy to discriminate in entertainment media because it serves national interests? Continue reading
This year continues to be a big one for women in film. Films featuring women as leads and/or directed by women made beaucoup at the box office. Mad Max: Fury Road, Pitch Perfect 2, Insurgent, and Fifty Shades of Grey are among the top ten films out of more than 284 released so far this year. Two of these films were directed by women; all four featured female leads. And two of these films put to lie once again the bullshit claim that ‘women can’t lead action films.’
The immense popularity of these movies — especially with women — demonstrates how much Hollywood underserves the female audience, in spite of repeated studies revealing how much women contribute to box office results. Women want women’s stories, told by women, and they’ve gotten them too rarely.
You’d think that Hollywood would actively court the single largest demographic by catering to its desires — but no. The film production pipeline remains solidly weighted toward men, still chasing the increasingly distracted 18-25 year-old male demographic.
It’s not as if women aren’t available as actors or directors. The Directors Guild of America (DGA) — the labor organization representing directors — counts among its ranks roughly 1200 female directors, reflecting the parity of female students who’ve been through film school or learned on the job in other production roles.
If a household name like Clooney doesn’t know more female directors, what exactly is it the DGA is doing for its female membership? It’s clearly not representing them within their own organization, let alone to studios and the public.
The ACLU‘s May 12th letter to the federal Equal Employment Opportunity Commission (EEOC) spelled out DGA’s complicity with Hollywood’s exclusion of female directors, when it asked the EEOC to investigate discriminatory practices. DGA has denied the use of short lists, but apart from preparing regular reports on diversity in hiring, it’s not clear at all what the DGA does to further the hiring of women directors. Continue reading
The BREAKING NEWS tonight is nine people being shot to death in Charleston South Carolina. From ABC News:
Nine people were killed when a gunman opened fire in a historic Charleston, South Carolina church Wednesday evening and police were searching for the suspect.
Police said that eight people were found dead inside the church. Two other people were rushed to the hospital and one died.
“We’re still gathering information so it’s not the time yet for details,” Mayor Joe Riley told local newspaper The Post and Courier. “I will say that this is an unspeakable and heartbreaking tragedy in this most historic church, an evil and hateful person took the lives of citizens who had come to worship and pray together.”
CNN further reported that the knee jerk mayor of Charleston told reporters that it is all obviously a “hate crime” because people in a church were shot.
Is this, yet another, mass murder with all too easy to bring to bear and fire guns in the US tragic? Yes, obviously. Tragic is being too kind and semantically vague. It is horrid.
But, please, it is NOT worse because the victims were church goers, as their lives are not worth more than agnostics, atheists or other humans. Black children are worth no less than white suburbians. One faith is worth no more than the next or none at all. Just stop with that blithering idiocy.
Human life is precious, and we are all entitled to live. You are not privileged more than me, no matter how pious you may be, or pretend to be.
So, grieve mightily the gross and unnecessary loss of life in Charleston South Carolina tonight. But those lives are worth nothing more than Eric Garner, Walter Scott, Michael Brown or other human senselessly slain in the ridiculous gun fetish culture of the United States. And, no, Mr. Mayor, the locus of the shooting in a church does not de facto make it a “hate crime”. Stop with that bogus over claim too. Hyperbole is the antithesis of informed viewpoints.