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JUDGE BERMAN, the PYSCHOLOGIST on ARROGANCE, FEDERAL ELECTION GUIDELLINES, ENGLISH LESSONS FOR ILLEGAL ALIENS & DEFLATEGATE

WND EXCLUSIVE

Dem judge orders psych counseling for D'Souza

Clinton appointee ignores physicians, orders more treatment for Dinesh
Published: 07/13/2015 at 8:26 PM
 Jerome R. CorsiAbout | Email | Archive

 Jerome R. Corsi, a Harvard Ph.D., is a WND senior staff writer. He has authored many books, including No. 1 N.Y. Times best-sellers "The Obama Nation" and "Unfit for Command." Corsi's latest book is "Who Really Killed Kennedy?"

Judge Richard Berman
 
NEW YORK
– At a hearing Monday in Manhattan in which he ruled filmmaker Dinesh D’Souza must continue community service for four more years, U.S. District Judge Richard M. Berman said he considers D’Souza’s violation of federal campaign-finance laws to be evidence of a psychological problem and ordered further counseling.

D’Souza’s defense counsel Benjamin Brafman provided evidence to the court that the psychiatrist D’Souza was ordered to see found no indication of depression or reason for medication. In addition, the psychologist D’Souza subsequently consulted provided a written statement concluding there was no need to continue the consultation, because D’Souza was psychologically normal and well adjusted.
 
But Judge Berman, who was appointed by Bill Clinton, disagreed, effectively overruling the judgment of the two licensed psychological counselors the U.S. probation department had approved as part of D’Souza’s criminal sentence.
 
“I only insisted on psychological counseling as part of Mr. D’Souza’s sentence because I wanted to be helpful,” {Yeah OK, but what about Doug's Pysch Counseling} the judge explained. “I am requiring Mr. D’Souza to see a new psychological counselor and to continue the weekly psychological consultation not as part of his punishment or to be retributive.
 
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D’Souza has become known for his two popular films critical of President Obama. “2016: Obama’s America” was released during the 2012 presidential campaign and “America: Imagine the World Without Her” came out in July 2014, ahead of the midterm elections.
 
Love him or hate him, Dinesh D’Souza is already an American legend, and you can get his bestselling films and books direct from WND!
 
“I’m not singling out Mr. D’Souza to pick on him,” Berman said at the hearing Monday. “A requirement for psychological counseling often comes up in my hearings in cases where I find it hard to understand why someone did what they did.” {You're full of bull shit - who are you kidding?}


WND reported that at the Sept. 23, 2014, sentencing hearing, Berman said he could not understand how someone of D’Souza’s intelligence, with credentials that include college president, could do something so stupid as to violate federal campaign contribution laws. D’Souza was at the pinnacle of his career, writing bestselling non-fiction books and producing popular feature films.
 
As WND reported, after pleading guilty to campaign-finance violations, D’Souza was sentenced in September to eight months in a work-release center, five years of probation, a $30,000 fine and community service. He pleaded guilty in May 2014 to arranging “straw donors” to contribute $10,000 to the failed 2012 U.S. Senate campaign of Wendy Long, a college friend.
 
On May 31, he was released from nightly detention at a work-release center in San Diego after eight months. During that time, in fulfillment of his community service requirement, he taught English once a week to Spanish-speaking applicants for American citizenship. Berman ruled Monday he must continue for another four years the community-service portion of his sentence.
 
In his eight months of nightly confinement, he found time to sign a contract with HarperCollins and begin writing a new book to follow his 2014 New York Times bestseller, “America.” He also started the process of financing his next feature film, scheduled for the 2016 presidential campaign. And he’s designed a sequel to his highly profitable 2014 feature film, “America: Imagine the World Without Her.”
 
What do YOU think? Does Dinesh D’Souza need counseling? Sound off in today’s WND poll
 
‘I was a psychology major’
 
Berman explained at the hearing Monday that his social-work training combined with his psychology major has made him sensitive to psychological issues in the criminal cases he hears.
 {So, should UBCJA Carpenters undergo 'sensitivity training' when we disagree with the scheisters like McCarron, Walsh, Murphy etc.}

Dinesh D’Souza teaching English (Courtesy Dinesh D’Souza)
 
“You have to understand, I have a background in social work with a psychology major,” Berman explained. “I’m sensitive to mental health issues in the criminal cases I hear, and I do not want to end psychological counseling at this time in Mr. D’Souza’s case.” {Of course not as it would expose your own Agenda. Your Honor, Liberalism truly is a Mental Disorder you know & you have it real good; ya know what I'm saying?}
 
Brafman countered that it was not fair to require someone like D’Souza to continue psychological counseling as part of his sentence when the doctors D’Souza has seen so far believe he does not need to continue the psychological counseling.
 
“Applying your argument to white-collar crimes,” Brafman continued, “why wouldn’t all white-collar criminals need psychological counseling?”
 
Berman countered that 85 percent of all criminal defendants who appear before him argue they don’t need psychological counseling or drug therapy, among other rehabilitative interventions.
 
‘A colossal failure of introspection’
 
“What I’m reading in the psychological case notes is compatible with my own impressions,” Berman continued. “The psychological case notes indicate that while Mr. D’Souza is highly intelligent, he has remarkably little insight into his own motivations, that he is not introspective or insightful, but that he tends to see his own actions in an overly positive manner.  { EXACTLY JUDGE BERMY, AKIN TO YOUR IN CHAMBERS PAL DOUGLAS J. MCCARRON - RIGHT?}
Dinesh D’Souza
 
“I consider the original crime in this case is an insight issue,” Berman continued. “That Mr. D’Souza committed this crime involves a colossal failure of insight and introspection. The case notes also say Mr. D’Souza has weaknesses in controlling his own impulses and that he is prone to anger in reaction to criticism.” {YOU FORGOT TO CALL HIM A BIG HATER & TAG HIM W/ MORE B.S.  LIBERAL LABEL's SIMPLY BECAUSE HE STANDS IN DIRECT OPPOSITION TO THE LIB's PHONY AGENDA TO CONTINUE REGISTERING ILLEGAL ALIENS TO VOTE IN FEDERAL & PRESIDENTIAL ELECTIONS}

The judge noted the psychologists “chart indicates Mr. D’Souza tends to deny problems, that he lacks insight into his own behavior, that he is arrogant and intolerant of the feelings of others, while projecting an overly positive image of himself.”
 
 You just described yourself & Doug McCarron your honor....Guilty Conscience?}



“Therefore, I am ordering Mr. D’Souza to continue psychological counseling with another therapist,” said Berman.
 
“Therapy is more of an art than a science, and a new therapist may be what is needed in this case,” he said.
 
Berman ruled the sentencing requirement for weekly psychological counseling would be re-examined at the next sentencing review hearing, scheduled for Oct. 8 at 11:30 a.m. in his Manhattan courtroom.
 
Five years of teaching English required {Can you say Election Fraud Judge Bermy?}
 
As WND reported Monday, Berman ruled that D’Souza’s sentence requiring him to spend eight hours per week teaching English to Spanish-speaking students applying for U.S. citizenship was meant to be coterminous with his “supervised release,” or parole.

“I’m certain I would never have imposed a community service requirement to end with the community detention,” Berman said, rejecting an argument Brafman made that the original sentencing order was ambiguous. {Try arbitrary, capricious & a willful violation of Federal Election laws & known Sentencing Guidelines}
 
Berman also rejected Brafman’s argument that a five-year community service requirement to teach English to Spanish-speakers was onerous, taking into account that D’Souza had no prior criminal record and that his crime, while a felony, was committed at a particularly stressful time of his life, while he was in the midst of a difficult divorce settlement.
 
In previous court appearances, Brafman had argued D’Souza’s crime, while admittedly a felony under federal law, was reflective more of an oversight involving a relatively small sum of money, not indicative of serious criminal malicious intent.
 

Dinesh D’Souza with his English class (Courtesy Dinesh D’Souza)
 
‘A real sentence in every respect’
 
D’Souza’s attorney, Brafman, argued: “With Mr. D’Souza required to spend one day every week in community service, this sentence is a real impediment to pursuing full-time employment.”
 
Berman countered: “I intended this to be a real sentence in every respect. Mr. D’Souza pleaded guilty to a felony, and I believe at the time the initial sentence was announced, Mr. D’Souza was relieved he was not facing incarceration.” {Like Doug...so, did you have the Deranged Loner & Commie go see Dr, Phil & then give a UBC style donation to one of your Pysch Clinincs to avoid any guilty verdicts in the Consent Decree?}
 
Also at issue was D’Souza’s request to travel internationally to visit his 80-year-old mother in India and to visit his daughter at school in London.
 
Berman ruled that permission to travel internationally would be reconsidered at the Oct. 8 hearing, but D’Souza would be allowed to purchase his air tickets now, with the court assuming the Oct. 8 hearing will find him in full compliance with all aspects of his sentencing requirements.
 
While D’Souza is under no domestic travel restrictions, he must request court approval to travel internationally, and he is allowed to pick up his passport only 24 hours prior to departure. His passport must be surrendered to federal authorities 24 hours after the completion of his return flight.
 
Also at issue in the Oct. 8 hearing will be proof D’Souza has completed 416 hours teaching English by the end of September, as required under the mandate that he devote eight hours a week to it. {THIS IS COMPLETE & UTTER HORSE SHIT & ANY ONE WITH HALF AN OUNCE OF BRAINS COULD FIGURE IT OUT JUDGE BERMY. ARE YOU ON THE POT ORIS IT K2 etc.?}

 
D’Souza is behind schedule because of difficulties finding an appropriate venue in San Diego.
 
He told WND in an interview last month that he has enjoyed teaching the English classes.
 
“I have become very attached to my students,” he said. “There are around 100 of them, in classes ranging from beginner to intermediate to advanced.”
 
He said many of them have now seen his film, “America,” which he gave to them as a Christmas present.
 
“They have gotten to know me and my situation,” he said. “And they are now huge fans. If you ran Obama against me with this group, I doubt he would get a single vote.”
 


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**   All sitting United States Federal District Court judges are guilty; ahh crap - I mean innocent until proven guilty in a competent court of law; or are they Judge Judy, I mean Judge Wapner; ahh sh-it, I mean Judge Berman?

**   Seems time for a grand jury investigation into the Judges potential violation of Federal Election laws, a competency hearing & of course, the venerable pysch eval prior to incarcerating him. Everyone knows illegal aliens have exactly zero right to vote in any election let alone a Presidential one, yet Judge Bermy's sentence is part & parcel to the Lib's view of the U.S. Constitution as toilet paper & the new Global World Order wherein America is wholly owned & operated by the ruling class of alleged intellectual elitists who continue to falsely believe that they know more than the rest of us & to hell with our National Sovereignty, the Constitution & the middle class via impartation of the TPA/TPP and via targeting any political opponents who stand up or speak against them including producing documentaries or films which highlight their illegal actions - right Bermy?

**   Should I Shelter in Place until the paddy wagon arrives? Can I teach them Latin or Gaelic instead of English?

**   This is a no brainer for immediate Appellate review & scrutiny by the U.S. Supreme Court if necessary.

Time to retire Judge Berman - before the indictments.....talk about taking a proverbial shit all over the United States Constitution and ignoring your sworn duties; but, but to seriously inject your Dr. Phil (I was a Pysch. Major) antics into a case like this wherein there are no legitimate or defendable causes of action, no prima-facie case whatsoever and the entire processing & persecution of this poor bastard was done for purely political reasons via crapping all over his Free Speech & First Amendment rights; well then Judge Berman, you gotta be smoking some serious high quality ganja to come up with this kind of sentence.

Past this, the real abortion of justice is his brain dead attorneys failure to immediately appeal such a ridiculous sentence via ordering him to teach English to Criminal Aliens for 5-years. The only one insane here is you. This is the exact type of case which lends to cause for immediate removal from the bench as your impartiality is gone, absolutely gone.

Using this logic Judge Bermy, I want you to force Bank of America to install Gaelic on every ATM nationwide & every other bank too. See how far you'd get with that type ruling - their attorneys would eat your for lunch.




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Re: JUDGE BERMAN, the PYSCHOLOGIST on ARROGANCE, FEDERAL ELECTION GUIDELLINES & ENGLISH LESSONS FOR ILLEGAL ALIENS

That's A Robe Of A Different Color
So, A black robe for the bench;

 A white one for the laboratory;

Based on the SDNY 5722 experience, he's got a velvet crimson colored one he wears at home while standing in front of a full length mirror saying it is good to be the King.

His judgement all through that case has been just as Haight did, all for them and squat for the members.


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Re: JUDGE BERMAN, the PYSCHOLOGIST on ARROGANCE, FEDERAL ELECTION GUIDELLINES & ENGLISH LESSONS FOR ILLEGAL ALIENS

Ethics
In reply to this post by Ted
J. Ernst • 9 days ago
JUDGES, like ANY OTHER POLITICIAN does what they are PAID TO DO.
FDR did the same thing to people who "disagreed" with FDR's policy making. Instead of allowing the "offenders" their day in court, FDR'S "G-Men" would round these people up and BAKER ACT them into sanitariums....NO DUE PROCESS, NO VOICE, NO RECOURSE!!!
Today, the libwit judges cater to the "mobster" business model; NO honesty, NO integrity, NO truth...just kowtowing to the party in charge...NWO demorats!!! There aren't enough super-max prisons for as many "judges" out there that are criminally endowed.
If we truly are a communist/socialist government, then the execution of judges is the norm for going AGAINST THE LAW!!!
NYC on the other hand is now the Tel Aviv of the USA!   http://www.wnd.com/2015/07/psych-major-judge-overrides-doctors-on-dsouza/  ( in the "comments" section )
Ted
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Ted
In reply to this post by That's A Robe Of A Different Color
Do a Bilello & cozy up to the new RO & then you'll be granted "standing" to appear before his Honor the Pysch major.  (wink-wink) Hey, you may even get the tour of his honors chambers too and won't that be a treat.

Denial of standing has been their fallback 'position' from day one so the UBCJA, the D.C., R.O. & the US Attorneys Office can avoid culpability for their criminal activities.

H'mm, his Honors minor must have been in law; ya think?
Ted
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Ted
This post was updated on .
In reply to this post by Ethics
Ethics I don't advocate executing anyone & certainly not a judge, so let that be very clear up front.
______________

Now, as to his ability in labor law relative to unions, let's see how his Honor does with the art & science of inflating and deflating footballs in the NFL with the NFLPA's suit transferred back to the S.D.N.Y. This should be a great read.

Let's dispose of the alleged, yet proven 'art & science' of inflating and/or deflating footballs in the NFL.
*  Every ball used throughout the playoff's are individually hand made & sewn.
 
*  Each ball has a bladder which most probably has never been run through testing at Underwriters Laboratories (U.L.).
 
*  Each ball is made of premium leather, albeit from different cows with differing DNA structures and grain throughout the hide selected.
 
*  Each ball is indiviually put together, sewn & strung by humans.
 
*  Factor in the weather - such as outside air temperature, dewpoint, humidity and field conditions on game day; wet, dry, snow, sleet, rain & wind and how many times player 'x' or multiple players fall on the ball or how many pig piles there are during the course of a given game & the weight of each player involved in each play & you get the idea...

*  Factor in how many times each ball was handled & cycled through the game. Were they all dried uniformly to a definitive std.?. Were some balls dried by artifical means while others were not or were they all hermetically sealed within a contained environment with a known level of temperature & humidity; or were they just handled roughshod however the referees & ball boys happen to think best on a given play during gametime?

*  Who  inflated the 12-balls prior to game time and what specific equipment was used and which independent expert laboratory last certified the equipment & gages?

*  Factor in the time each team spends running plays on the ground or in the air, the number or punts, fumbles, passes, field goals and kick-off's and then how many bodies land on the ball during each play that said ball (1 of 12 is in play) & what each player weighs, the time said player impacted the ball in play & the amount of force applied to it (whether at full speed or slow motion) for every play start to finish; and then review how the other 11-balls are treated when not in play.

Ok, now let's see Judge Berman or anyone else apply a definitive math and/or physics type formula to these phony allegations given all the variables noted above & those I've missed. It cannot be done to any level of  mathematical or legal certainty - period. 

Add to that the fact that only one ball in 12-total was found to be 'under-inflated' by 1/2 pound p.s.i. under the 12.5 p.s.i. base standard. Pete Godell's alleged case falls apart at the seams right here under every standard within civil law.

All this before Judge Berman even considers the CBA or its contents notwithstanding any motions or briefs filed to date by either side (motion to uphold, motion to vacate) let alone precedent from any court in the land. NFL Commissioner Pete Godell cannot be the judge, jury & executioner under any arbitration scenario and he & his attorneys should have recused themselves from that aspect of this case as it is a mockery of our federal constitution and of justice.

Seems this one is an obvious no brainer and that pending normal court scheduling under Judge Bermans local court rules, that a temporary injunction must issue pending trial, unless each side reaches settlement prior to trial.

Anyone paying a million dollars to the NFL on these basic facts is a complete & utter fool. What Goddell did based on his alleged facts & alleged expert testimony is farcical at best and leans toward criminal extortion. He can't prove a damn thing, so for me I cannot wait to read the briefs from each side or Judge Bermans rulings throughout the process and I hope they go to trial to that end.

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OH brother, where art thou?
In reply to this post by Ted
A woman sued the Cap'n Crunch people because her cereal didn't contain any "crunchberries":


On May 21, a judge of the U.S. District Court for the Eastern District of California dismissed a complaint filed by a woman who said she had purchased "Cap'n Crunch with Crunchberries" because she believed "crunchberries" were real fruit. The plaintiff, Janine Sugawara, alleged that she had only recently learned to her dismay that said "berries" were in fact simply brightly-colored cereal balls, and that although the product did contain some strawberry fruit concentrate, it was not otherwise redeemed by fruit. She sued, on behalf of herself and all similarly situated consumers who also apparently believed that there are fields somewhere in our land thronged by crunchberry bushes.

It's a good thing this case was not heard by Judge Berman.

  He probably would have issued an ultimatum to the cereal manufacturer to create a crunchberry bush, or face the demotion of captain crunch to Lieutenant.
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Frankenberry
Betcha Ted would have presented a persuasive enough argument to Berman on her behalf to do just that.
Ted
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Ted
Love a good laugh, however I don't shop in the processed food section of any grocery store - the 80% of the crap in the interior of every store; re: Dow Chemical & other firms like it have well over 300,00 chemically produced flavonoids to keep you all addicted.

The past few generations of kids have grown up on the electronic babysitter better known as the "boob tube",  play computer games 24-7, play on their i-phone all day long and mom & dad never send them out to 'play'. Then, they all cry when their kids are all morbidly obese, have no work ethic, have no respect for authority and wonder why they're all on ritalin because the teachers can't control them while they're on their never ending sugar high. (It's called parenting). They also wonder why their kids have ADD, ADHD & are prone to using drugs. Sugar placed in food products in every form is the first drug parents feed to their kids & it leads to them using many other drugs in a never ending cycle of misery.

e.g. - one 20 oz. soda has the equivalent of 27 teaspoons of sugar in it. They also wonder why their kids are getting cancer moreso than any other generation; re: sugar is cancers favorite food. Enter Redbull - right? These kids are always jacked up on something and the alleged millenial multi-tasking generation struggles to tie their shoes.

It's real simple - change your food pyramid so the fruits & veggies are on the top, followed by grains, nuts, legumes etc.; eat lots of fish & reduce the consumption of red meats (when you get a cut, try angus beef, the free range Republican kind, not the fat, slovenly layabout Democrat beef). Try a Mediterranean type diet or a Far East one, say Japan as a model etc.

Live Food - anything that grows on a vine, a tree, from the earth. All these things are found at the perimeter of every grocery store/

Dead Food - all the other crap in the interior aisles. If you cannot read or pronounce the laundry list of ingredients w/ all the weird names in 2-font; get a clue, don't eat it or feed it to your kids and obviously that includes captain crunch.

Seems to me this must have been filed by an Obama voter on the public dole who thought he was going to get her a new car & a mortgage on a new home and all without any savings, down or payments; free gratas like everything else.

The fact that she filed suit at all (with or without an attorney) shows that she has killed one too many brain cells eating crap her whole life.

Fret not though; shazam, we have ObamaCare so the rest of us with a brain & jobs can pay for their never ending care and lifelong suply of free Med's to keep them going and keep the bureaucratic Democrat machine fully primed & going until the economy collapses under the weight of 200 milliion dopes and a national debt of 21+ Trillion before the Messiah Obama leaves office.

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Re: JUDGE BERMAN, the PYSCHOLOGIST on ARROGANCE, FEDERAL ELECTION GUIDELLINES & ENGLISH LESSONS FOR ILLEGAL ALIENS

Count Chocolate
  "He probably would have issued an ultimatum to the cereal manufacturer to create a crunchberry bush....."


Wherefore Ted's brilliant junk food closing above, he would have Berman stipulate that it be organic.
Ted
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Ted
This post was updated on .
In reply to this post by Ted
Who Is DeflateGate Judge Richard Berman?By Larry Neumeister, Associated PressAugust 6, 2015 6:22 AM




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Tom Brady, Roger Goodell (Photos by Christian Petersen/Mike Lawrie/Getty Images)
 

Related Tags:
DeflateGate, Judge Richard Berman, New England Patriots, Roger Goodell, Tom Brady
 


NEW YORK (AP) — If there’s anybody who can take the hot air out of football’s “Deflategate,” it’s a Manhattan federal judge with a history of encouraging fast resolutions to perplexing problems.
 
Judge Richard M. Berman quickly defined the ground rules in his first written orders after the National Football League and the NFL Players Association clashed over Commissioner Roger Goodell’s four-game suspension of New England Patriots star quarterback Tom Brady — that settling the case is a priority, the heated rhetoric must stop, documents will be public and Goodell and Brady will have to come to court.
 
Berman is the right judge to navigate the pressures of the Brady-Goodell showdown, said Judge William H. Pauley III, who presided over a lawsuit New York Yankees third baseman Alex Rodriguez brought against Major League Baseball last year over his suspension.
 
“Everybody’s under pressure, not just Tom Brady,” Pauley said. “If there’s anybody on our bench who can resolve a case, it’s Richard.”
 
Berman, 71, assigned randomly to the case, will preside over a hearing Aug. 12 after the league requested a judgment saying Goodell acted legally when he punished Brady after a league-sponsored investigation concluded the Patriots supplied improperly under-inflated footballs when New England topped the Indianapolis Colts 45-7 in the conference championship game. The union wants the suspension lifted, arguing that an arbitration that went against the quarterback was a sham.
 
‘FAMOUS SETTLEMENT JUDGE’
 
The parties will be contending with “a famous settlement judge,” Chief Judge Loretta A. Preska said. “He’s very good at it. He understands people and the pressures on people and he’s always calm himself, never ruffled.”
 
Preska recalled introducing the one-time family court judge to his colleagues after his 1998 appointment to the bench by President Bill Clinton.
 
At the gathering of the 2nd Circuit Judicial Conference, she held up a pen that she said Berman gave lawyers when they settled cases. The pen, she noted, contained a quote from the first rule of civil procedure, which cautions that the rules should be “construed and administered to ensure the just, speedy and inexpensive determination of every action.”
 
Pauley said Berman’s unusually diverse background gives him additional tools to resolve cases, whether it was time spent as a senior aide to a U.S. senator or experience as an executive of a then-fledgling cable company that became a giant: Time Warner Cable.
 
Berman declined a request this week to be interviewed while the NFL dispute is ongoing. He told the New York Law Journal last year that he believes the role of a judge is to “justly” and “speedily” move civil cases to conclusion.
 
‘TRY NOT TO WASTE ANY TIME’
 

“This means that I pursue settlement options early and often; I try to rule on motions quickly and I try not to waste any time at trial,” he said.
 
He also told the newspaper that he’s “somewhat of a news/TV junkie” who, if not a judge, would probably continue in the media and communications business. Berman noted he was general counsel of Warner Cable and MTV Networks Inc. when pay-per-view was developed, the first video disc jockeys were hired and the first music videos were released.
 
In 17 years on the bench, Berman has faced more than the usual caseload of famous and infamous defendants and has shown a knack for brushing aside distractions to resolve underlying legal issues. When he decides someone has abused the judicial system, he can be harsh.
 
FAMOUS CASES
 
In 2012, he gave actor Michael Douglas’ son a break, sentencing Cameron Douglas to only five years in prison on drug charges after he cooperated with the government. But he later doubled the sentence to 10 years and scolded the son, calling him “destructive” and “manipulative” after he persuaded a lawyer-turned-love interest to sneak drugs into prison in her bra.
 
Perhaps his most challenging case came when Aafia Siddiqui, a Pakistani scientist who trained at the Massachusetts Institute of Technology and Brandeis University, was charged with shooting at FBI agents and U.S. soldiers at an Afghan police station in 2008. She punctuated her court appearances with outbursts that called her sanity and the likelihood of a trial into question. She was convicted and sentenced to 86 years in prison.
 
Sabrina Shroff, an assistant public defender who observed some Siddiqui proceedings, said Berman “has a knack for recognizing exactly what it takes to run a courtroom.”
 
“Never was this more apparent than in the trial of Aafia Siddiqui who was a very sad and troubled defendant. It was obvious he was deeply concerned about her all through the trial and his concern for her continued even after her conviction,” Shroff said.
 
In April 2001, Berman demonstrated his distaste for lawyers wasting the time of the court and jurors after a record company in a claim against former Motley Crue drummer Tommy Lee settled with a Swedish man just as a jury reached a verdict. Berman instructed the jury to reveal its verdict in Lee’s favor, prompting the drummer who had argued against settling to curse his lawyers and yell “Idiot!”
 
PREFERS SETTLEMENT
 

Preska said there’s a practical reason why Berman prefers parties to settle.
 
“On the one hand, there’s just the fight,” she said. “But also, if we have to make a ruling, often it’s with a meat cleaver. They can craft a settlement with a scalpel, a much more nuanced settlement that will make everybody happy.”
______________

And yet, the phony Civil RICO Consent Decree has lingered on and on and on ad infinituum for near 25-years. So much for a speedy resolution to the UBCJA Criminal Racketeering, 20-years of which have been under Douglas J. McCarron's rule and direct control.

If a Union Carpenter cannot obtain "standing" in Judge Bermy's court room; then why should Tom Brady or Roger Goddell obtain it; less the judge admit that it's the money of the NFL or Brady talking - and if big money is in play, then by all means "standing" shall be granted - right Judge Berman? But if you are a working stiff; well. too bad, you're shit out of luck son; standing denied as I'd prefer to deal with the monied players, in my chambers, of course!

Another words, Judge Berman is far less than the honorable man presented in this article and it demonstrates two things: their lust for press or self generated aggrandizement and their perpetual arrogance and abuse of power while on the bench. Harsh my ars, the operative words being 'can be'. Judge Berman has once yet to rule against McCarrons many, many illegal & criminal racketeering activities or violations of State & Federal law(s), know precedent, property rights inclusive of Trust Fund abuses and direct theft notwithstanding Hobbs Act Extortion as doing so would result in his buddies going down with McCarron bot at the RO's Office & the USAO's.}

Dennis - do me a favor, shoot this to your pal Judge Bermy.

p.s. Try throwing a tight spiral w/ an under-inflated football....have Bermy go long, like O.J. & see if you two can do it.
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Re: JUDGE BERMAN, the PYSCHOLOGIST on ARROGANCE, FEDERAL ELECTION GUIDELLINES & ENGLISH LESSONS FOR ILLEGAL ALIENS

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This post was updated on .
“I only insisted on psychological counseling as part of Mr. D’Souza’s sentence because I wanted to be helpful,” {Yeah OK, but what about Doug's Pysch Counseling} the judge explained. “I am requiring Mr. D’Souza to see a new psychological counselor and to continue the weekly psychological consultation not as part of his punishment or to be retributive.
 
Like the reporting you see here? Sign up for free news alerts from WND.com, America’s independent news network.
 
D’Souza has become known for his two popular films critical of President Obama. “2016: Obama’s America” was released during the 2012 presidential campaign and “America: Imagine the World Without Her” came out in July 2014, ahead of the midterm elections.
 
Love him or hate him, Dinesh D’Souza is already an American legend, and you can get his bestselling films and books direct from WND!
 
“I’m not singling out Mr. D’Souza to pick on him,” Berman said at the hearing Monday. “A requirement for psychological counseling often comes up in my hearings in cases where I find it hard to understand why someone did what they did.” {You're full of bull shit - who are you kidding?}

 ‘I was a psychology major’
 
Berman explained at the hearing Monday that his social-work training combined with his psychology major has made him sensitive to psychological issues in the criminal cases he hears. {So, should UBCJA Carpenters undergo 'sensitivity training' when we disagree with the scheisters like McCarron, Walsh, Murphy or your Honor etc.}

Dinesh D’Souza teaching English (Courtesy Dinesh D’Souza)
 
“You have to understand, I have a background in social work with a psychology major,” Berman explained. “I’m sensitive to mental health issues in the criminal cases I hear, and I do not want to end psychological counseling at this time in Mr. D’Souza’s case.” {Of course not as it would expose your own Agenda. Your Honor, Liberalism truly is a Mental Disorder you know & you have it real good; ya know what I'm saying?}

_________________

Now Union Carpenters finally have a grasp on why the Slickster Doug McCarron has played the "Deranged Loner & Commie" card so well in Judge Bermans court room. Doug fashioned this argument to appeal to Judge Bermy's Pyschology major, not his ability to be a fair and impartial judge sworn to follow the laws as written, not as the good doctor wishes they were written.

Disagree with Judge Bermy & it's off to the nuthouse you go. Why, with 500+ alleged, yet never proven pyschological impairments, ole Judge Bermy & Doug have a ton of reasons to deny standing every time a carpenter tries to obtain 'due process' in his court room. Judge Bermy's sentencing of D'Souza should be appealed all the way to the U.S. Supreme Court. Judge Bermy should save his opinions and his propensity to study alleged pyschological impairments for his retirement and go write a book or two for his elitist, snot nosed intellectual friends. If he did, he may sell 12-copies.

________________

How dare anyone disagree with the Muslim Messiah, Barry Soerto, a.k.a. Barack Hussein Obama. Ring-Ring; yeah it's the White House...I hear you got a judge who is a shrink...blah, blah, yeah, I want you to force him to teach English to criminal aliens for 5-years; that ought to set him straight! Judge Berman, sure Mr. President, you got it.

Back to Deflategate - How dare Tom Brady or the Patriots disagree with Roger Godell. Brady best watch out as the quack Berman may sentence him to play with the pigs before they're slaughtered for their hides for NFL footballs.

Now finally Union Carpenters can realize what a corrupt farce, sham and abortion of justice this entire Civil RICO Consent Decree has been from day one. In the legal system there is forum shopping as well as "judge shopping" and the slickster Doug & the corrupt UBCJA & U.S. Attorneys Office chose well when they collectively opted for Judge Berman.

To date, Judge Berman & his cohorts at the USAO's & RO's office have ignored precedent decisions from the NLRB through the United States Supreme Court ad nauseum & at will. They're not legal scholars by any stretch of one's imagination; rather, they are nothing more than common criminals no better than the mobbed up UBCJA, it's corrupt District Councils & the corrupt Contractor Associations (Wall & Ceiling) & private developers who regularly buy favors - in chambers & out of the public eye of course.

Tom Brady beware, Judge Berman is a bonafide nut who is incapable of rendering fair & just decisions whether on the law or statute or legal precedent and he makes his decisions predicated upon his emotions, the phony science of pyschology or his feelings.
________________

All UBCJA criminals, Federal District Court Judges, USAO's & their assistants and past or current RO's are innocent until proven guilty; or are they?

https://www.youtube.com/watch?v=i4_MM6nyJ-0

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Re: JUDGE BERMAN, the PYSCHOLOGIST on ARROGANCE, FEDERAL ELECTION GUIDELLINES & ENGLISH LESSONS FOR ILLEGAL ALIENS

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Can Judge Berman even grasp or throw a football? Will Brady throw one at him in court tomorrow if he rules like Brady were a Union Carpenter in NYC?
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Re: JUDGE BERMAN, the PYSCHOLOGIST on ARROGANCE, FEDERAL ELECTION GUIDELLINES & ENGLISH LESSONS FOR ILLEGAL ALIENS

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This post was updated on .
Will Judge Berman order Tom Brady to be the Waterboy during his suspension or appeal?

https://www.youtube.com/watch?v=ireAN7EnhfU

Goddell aggrandized his power, abused the entire process of the CBA and its mandatory arbitration clauses notwithstanding the selection of an independent third party neutral arbitrator. Another words, selecting someone who is not biased and who does not rule via autocratic fiat and misapplication of known and long settled law in this arena!

Tom, should Berman rule against you, we got a wonderful Helmets to Hardhats program waiting for ya, so - c/mon down, see Joe Geiger he'll sign you up for one of those foot dragging hack jobs at the Convention Center.

Hey Dennis - make sure Judge Bermy watches this Movie before his Ruling. You can't blame Brady - the Waterboy did it!
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Re: JUDGE BERMAN, the PYSCHOLOGIST on ARROGANCE, FEDERAL ELECTION GUIDELLINES & ENGLISH LESSONS FOR ILLEGAL ALIENS

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This post was updated on .


UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-------------------------------------------------------)(
NATIONAL FOOTBALL LEAGUE
MANAlJEMEN I CUUNCIL,
Plaintiff,
- v.-
NATIONAL FOOTBALL LEAGUE
PLAYERS ASSOCIATION,
Defendant....


This Decision and Order resolves the parties' respective cross-motions to confirm and to
vacate NFL Commissioner Roger Goodell's July 28, 2015 Arbitration A ward imposing a fourgame suspension on New England Patriots quarterback Tom Brady, pursuant to Section 301 of the Labor Management Relations Act, 29 U.S.C. § 185, and Section I 0 of the Federal Arbitration Act, 9 U.S.C. § 10. 1 In reaching its decision, the Court has reviewed the record herein, including without limitation, (a) the investigation concerning allegedly deflated footballs used during the AFC Championship Game on January 18,2015 between the New England Patriots ("Patriots") and the 1 On July 28,2015, the National Football League Management Council ("Management Council" or "Plaintiff') filed a Complaint in the United States District Court for the Southern District of New York seeking to confirm the arbitration award. On July 29, 2015, the National Football
League Players Association ("Players Association" or "Defendant") filed a Petition to Vacate
Arbitration Award in the United States District Court for the District of Minnesota. The
Minnesota matter was immediately transferred to this district, under docket number 15 Civ. 5982, by U.S. District Judge Richard H. Kyle pursuant to the "first to file" rule. See National Football League Players Association v. National Football League Management Council, Civ. No. 15-3168 (RHKIHB), slip op. at 2 (D. Minn. July 30, 2015). Indianapolis Colts ("Colts"), initiated by the National Football League ("NFL" or "League") and
Jr. of Paul, Weiss, Rifkin, Wharton & Garrison ("Pash!Wells Investigation" or "Investigation");

(b) the 139-page written report, dated May 6, 2015, which was the end product of the Pash/Wells Investigation ("Wells Report" or "Report"); (c) the letter, dated May II, 2015, from NFL Executive Vice President Troy Vincent ("Vincent") to Patriots quarterback Tom Brady ("Brady") imposing a four-game suspension on Brady ("Vincent's Disciplinary Decision Letter" or "Vincent's Letter to Brady"); (d) the letter, dated May 11, 2015, from Vincent to Robert K. Kraft ("Kraft"), owner of the Patriots, imposing on the Patriots Club a fine of $1 ,000,000 and forfeiture of the first round "pick" in the 2016 NFL draft and the fourth round "pick" in the 2017 NFL draft; (e) the transcript of the arbitration hearing that took place on June 23, 2015 before NFL Commissioner Roger Goodell ("Goodell"), who had designated himself as arbitrator of Brady's appeal; (t) Goodell's Final Decision on Article 46 Appeal ofT om Brady, dated July 28, 2015 ("Final Decision" or "Award"), which affirmed Brady's four-game suspension; (g) the Management Council Complaint, dated July 28,2015, seeking confirmation of the Award; (h) the Players Association Amended Answer and Counterclaim, dated August 4, 2015, seeking vacatur of the Award ("Def.'s Countercl."); (i) the Players Association's Memorandum of Law in Support of Motion to Vacate Arbitration Award, dated August 7, 2015 ("Def.'s Mem. Supp."); (j) the Management Council's Memorandum of Law in Support of Motion to Confirm and in
Opposition to Motion to Vacate, dated August 7, 2015 ("Pl.'s Mem. Supp.); and (k) the further written submissions of the parties. The Court has also heard helpful oral argument from counsel on August 12,2015 and on August 19,2015.

2

Based upon the foregoing and applicable legal authorities, the Court hereby denies the
Management Council's motion to confirm the Award and grants the Players Association's
motion to vacate the Award, therehy vacating the lour-game suspension otT om nrady,
effective immediately.


____________________________

Well, still no 'standing' for us regular Carpenters in Judge Bermy's Courtroom (pay to play); but lo & behold ole Bermy got this one right:

JUDGE BERMAN RULES IN BRADY's FAVOR
- amazing, suspension over-turned. And now for the only fitting song to memorialize this decision. Of course Goddell won't like it, but too bad! Tom Brady can stand tall when around this arrogant clown Goddell. Time for the NFL to get rid of this boob; re: $43M a year to drag them through this crap - seriously, fire this guy.

Hey Dennis, pass this one on to Judge Berman as we're sure it's not on his top 10 Play List, but he'll get a kick out of it.

https://www.youtube.com/watch?v=nQSk0CYPvwE
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Re: JUDGE BERMAN, the PYSCHOLOGIST on ARROGANCE, FEDERAL ELECTION GUIDELLINES & ENGLISH LESSONS FOR ILLEGAL ALIENS

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This post was updated on .
Brady on Cloud Nine thanks to Judge Bermans concrete ruling on Goodells misconduct & misapplication of long settled law; and, all w/o performance enhancing or mind altering chemicals.

GROUND CONTROL TO MAJOR TOM, Bowie (1969)

https://www.youtube.com/watch?v=D67kmFzSh_o
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DEFLATEGATE - pg. 18-20 excerpt from Judge Bermans ruling to vacate the arbitral award.

III. Legal Standard

"Although judicial scrutiny of arbitration awards necessarily is limited,such review is
sufficient to ensure that arbitrators comply with the requirements of the statute at issue." Gilmer v. Interstate/Johnson Lane Com., IllS. Ct. 1647, 1655 (1991) (quoting Shearson/Am. Express Inc. v. McMahon, 107 S. Ct. 2332, 2340 (1987)). "The deference due an arbitrator does not extend so far as to require a district court to countenance, much less confirm, an award obtained without the requisites of fairness or due process." Kaplan v. Alfred Dunhill of London, Inc., No. 96 Civ. 259 (JFK), 1996 WL 640901, at *7 (S.D.N.Y. Nov. 4, 1996).
18

Under the Federal Arbitration Act ("FAA''), "the validity of an award is subject to attack
only on those grounds listed in [9 U.S.C.] § 10, and the policy of the FAA requires that an award be enforced unless one of those grounds is affirmatively shown to exist." Wall Street Assocs. L.P. v. Becker Pari bas Inc., 27 F .3d 845, 849 (2d Cir. 1994). For example, FAA § I 0 provides that the Court may vacate an arbitral award "where the arbitrators were guilty of ... refusing to hear evidence pertinent and material to the controversy." 9 U.S.C. § I O(a)(3). The Court may also vacate an arbitral award "where there was evident partiality ... " 9 U.S.C. § I O(a)(2).

A "principal question for the reviewing court is whether the arbitrator's award draws its
essence from the collective bargaining agreement, since the arbitrator is not free to merely dispense his own brand of industrial justice." 187 Concourse Assocs. v. Fishman, 399 F.3d 524, 527 (2d Cir. 2005) (quoting Saint Marv Home, Inc. v. Serv. Emps. Int'l Union, Dist. 1199, 116 F.3d 41,44 (2d Cir. 1997)). "[A]s the proctor of the bar gain, the arbitrator's task is to effectuate the intent of the parties. His source of authority is the collective-bargaining agreement, and he must interpret and apply that agreement in accordance with the 'industrial common law of the shop' and the various needs and desires of the parties." United States v. Int'l Bhd. of Teamsters, 954 F.2d 801, 809 (2d Cir. 1992) (quoting Alexander v. Gardner-Denver Co., 94 S. Ct. 1011, 1022 (1974)) (emphasis omitted).

It is the "law of the shop" to provide professional football players with advance notice of
prohibited conduct and potential discipline. In In the Matter of Reggie Langhorne
("Langhorne"), Arbitrator Richard R. Kasher vacated the discipline of a player who had refused to take part in practice, holding that the player "was entitled at some time to be placed on notice as to what consequences would flow from his refusal to participate in ... practice. Any disciplinary program requires that individuals subject to that program understand, with

19
reasonable certainty, what results will occur if they breach established rules." Slip op. at 25 (Apr. 9, 1994). In NFLMC v. NFLPA (Ricky Brown) ("Ricky Brown"), Arbitrator Michael H.
Beck vacated a fine imposed upon a player for missing a mandatory weigh-in, and observed that "adequate notice is the fundamental concept in discipline cases." Slip op. at 10 (July 16, 2010). In the Bounty-Gate case, former NFL Commissioner Paul J. Tagliabue, appointed as arbitrator by Commissioner Goodell after Goodell had recused himself, vacated the suspension of a player who had allegedly obstructed the League's investigation into the New Orleans Saints' bounty program (involving alleged monetary incentives to injure opposing players). Slip op. at I (Dec. II, 2012). Tagliabue stated: "There is no evidence of a record of past suspensions based purely on obstructing a League investigation. In my forty years of association with the NFL, I am aware of many instances of denials in disciplinary proceedings that proved to be false, but I cannot recall any suspension for such fabrication. There is no evidence of a record of past suspensions based purely on obstructing a League investigation." !d. at 13.

_________________

H'mm, very interesting in the choice of which precedent to cite herein.

"Although judicial scrutiny of arbitration awards necessarily is limited,such review is
sufficient to ensure that arbitrators comply with the requirements of the statute at issue." Gilmer v. Interstate/Johnson Lane Com., IllS. Ct. 1647, 1655 (1991) (quoting Shearson/Am. Express Inc. v. McMahon, 107 S. Ct. 2332, 2340 (1987)).

Not only do arbitrators have to comply with "the requirements of statute at issue"; but so do sitting Federal District Court judges in private CIVIL RICO litigation contracts; re: the 1994 Consent Decree did not & does not vacate federal statutes relative to labor law, contracts etc. and the associated Appellate Court and United States Supreme Court precedent(s); nor does it shred, negate or eviscerate the U.S. Constitution or the Congressional mandate to change, alter or amend Federal law(s) - yet in the history of the 1994 Consent Decree, this abortion of justice and the actual practice of the Federal District Court under two judges has been to do exactly that - ignore both statutue and precedent ad nauseum and in direct violation of the attorney sworn oaths to uphold the statute/law(s) and not make it up as they go.

AND;


A "principal question for the reviewing court is whether the arbitrator's award draws its
essence from the collective bargaining agreement, since the arbitrator is not free to merely dispense his own brand of industrial justice." 187 Concourse Assocs. v. Fishman, 399 F.3d 524, 527 (2d Cir. 2005) (quoting Saint Marv Home, Inc. v. Serv. Emps. Int'l Union, Dist. 1199, 116 F.3d 41,44 (2d Cir. 1997)). "[A]s the proctor of the bar gain, the arbitrator's task is to effectuate the intent of the parties. His source of authority is the collective-bargaining agreement, and he must interpret and apply that agreement in accordance with the 'industrial common law of the shop' and the various needs and desires of the parties." United States v. Int'l Bhd. of Teamsters, 954 F.2d 801, 809 (2d Cir. 1992) (quoting Alexander v. Gardner-Denver Co., 94 S. Ct. 1011, 1022 (1974)) (emphasis omitted).


Wow; this citation brings up the phony MWA Arbitration award and all of its false claims and the illegal settment monies (extortion) paid out by the inept & grossly incompetent District Councils alleged legal beagles.

Moreover, it brings to light the simple fact that Douglas J. McCarron has been dispensing his own brand of industrial justice via fraud, artifice, corruption & pay-offs for two decades via forum & judge shopping and the attendant bribes associated therewith to obtain favorable; albeit, unconstitutional and illegal rulings.

* All corrupt UBCJA & D.C. officers, agents, employees, inside & outside legal counsel and associates including those within the U.S. government and Federal District Courts are guilty until proven innocent; ahh crap - I mean innocent until proven guilty in a competent and corruption free court of law, or are they?
 NFL, you make the call!



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IV. Analysis

An arbitrator's factual findings are generally not open to judicial challenge, and we accept
the facts as the arbitrator found them. See Westerbeke Com. v. Daihatsu Motor Co .. Ltd., 304 F .3d 200, 213 (2d Cir. 2002); see also Int'l Bhd. of Elec. Workers. Local 97 v. Niagara Mohawk Power Com., 143 F .3d 704, 726 (2d Cir. 1998).

The Court is fully aware of the deference afforded to arbitral decisions, but, nevertheless,
concludes that the Award should be vacated. The Award is premised upon several significant legal deficiencies, including
 (A) inadequate notice to Brady of both his potential discipline (fourgame suspension) and his alleged misconduct; (B) denial of the opportunity for Brady to examine one of two lead investigators, namely NFL Executive Vice President and General

20
Counsel JeffPash; and (C) denial of equal access to investigative files, including witness
interview notes.
___________________

Suffice to say the rest is superfluous.

Of course and as predicted all the alleged experts cannot use any mathematical or physics formula such as the Ideal Gas law to explain the so called underinflated balls on game day against the Colts in a driving rain all day long; nor could they given the many variables previously noted.

Wait - Goodells ego & arrogance are still on the table so stay tuned for further Appeals (which brain dead Circuit Court will entertain this one?). Might we suggest that instead of pissing away another $10 million dollars that the big dummy have the NFL donate the amount he would have spent on further appeals to a worthy cause.
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And now while dumb-ass, the arrogant one Roger Goodell licks his wounds and tries to ascertain which Circuit Court is dumb enough to hear his appeal on the 'integrity' of the game - time from an encore presentation of the Waterboy with Adam Sandler & some other well known characters.

Maybe Kraft or one of his colleagues can find Goodell a Waterboy job & he can become the tacking dummy.

https://www.youtube.com/watch?v=ireAN7EnhfU


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Re: JUDGE BERMAN, the PYSCHOLOGIST on ARROGANCE, FEDERAL ELECTION GUIDELLINES & ENGLISH LESSONS FOR ILLEGAL ALIENS

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NEW YORK TIMES
True Scandal of Deflategate Lies in the N.F.L.’s Behavior
Sports Business
By JOE NOCERA JAN. 22, 2016

 10 COMMENTS
Photo

Tom Brady with a game ball after throwing a touchdown pass in the Patriots’ 45-7 rout of the Colts in Foxborough, Mass., in last year’s A.F.C. title game. Credit Damon Winter/The New York Times
Advertisement.

John Leonard is a professor at the Massachusetts Institute of Technology who roots for the Philadelphia Eagles, listens to sports talk radio when he is exercising, and teaches a course called Measurement and Instrumentation. When the Deflategate story broke after last year’s A.F.C. championship game between the New England Patriots and the Indianapolis Colts, he found himself fixated on it, yearning to dig into it from a scientific point of view.

On the off chance you have spent the last year on Mars, Deflategate refers to the scandal that ensued after the Colts accused the Patriots of deflating their footballs to give quarterback Tom Brady an unfair edge — an accusation that the N.F.L. and its commissioner, Roger Goodell, ultimately determined was probably true.


“Of course, I thought of the Ideal Gas Law right away,” Leonard says, “but there was no data to test it.” Although the N.F.L. had measured the pounds per square inch (p.s.i.) of the Patriots’ footballs at halftime after the Colts complained — under the rules, game balls must be inflated to pressures ranging from 12.5 to 13.5 p.s.i. — it had not released any numbers.

Photo

Robert K. Kraft, the Patriots’ owner, left, and N.F.L. Commissioner Roger Goodell on Nov. 15. They were once good friends. Credit Julie Jacobson/Associated Press
The Ideal Gas Law, in case you are wondering, sets out the expected behavior of gases under certain conditions, like changes in temperature or volume. For instance, gases contract when they are in cold air and expand when they are in warmer temperatures. “I’m always looking for real life examples for my students,” Leonard says. If he could get some data, Deflategate had great potential as a case study.

In May, the data arrived. The prominent lawyer Theodore V. Wells Jr., who was hired to investigate Deflategate for the league, delivered a devastating indictment of the Patriots. The Wells report concluded that “it was more probable than not” that two members of the Patriots’ locker room staff had “participated in a deliberate effort to release air from Patriots game balls,” and that “it was more probable than not” that Brady was “at least generally aware” of the impropriety.

Although the evidence was circumstantial — based on ambiguous text messages; Brady’s discarding of a cellphone; and a trip to the bathroom by one of the staff members, who took the balls in with him — it was also buttressed by a lengthy scientific report prepared by Exponent, a consulting firm with dubious bona fides, having disputed the dangers of secondhand smoke and asbestos. Exponent was a hired gun, and its conclusions backed Wells’s narrative.

Brady liked his footballs at the lowest p.s.i. in the range — 12.5. The consultants concluded that the drop in the p.s.i. of the Patriots’ footballs — the average was 11.3 p.s.i. — could not be fully explained by the Ideal Gas Law; it was too steep. But the smaller drop in the p.s.i. of the Colts’ footballs could indeed be explained by the laws of physics.

Numbers in hand, Leonard went to work. He bought the same gauges the N.F.L. used to measure p.s.i. levels. He bought N.F.L.-quality footballs. He replicated the temperatures of the locker room, and the colder field. And so on. When he was done, he concluded that Exponent had made a series of basic errors. Leonard’s work showed the exact opposite of Exponent’s conclusions: The drop in the Patriots’ footballs’ p.s.i was consistent with the Ideal Gas Law; the smaller drop in pressure in the Colts’ balls was not. (Leonard surmises that because the Colts’ balls were tested after the Patriots’ balls, they had warmed up again.)

By early November, he had a PowerPoint presentation with more than 140 slides. By the end of the month, he had given two lectures about Deflategate, the second of which he had videotaped and posted on YouTube. A viewer who watched the lengthy lecture edited it down to a crisp 15 minutes; Leonard agreed to let him post the edited version.

The edited lecture went up on YouTube on Dec. 1 and has been viewed more than 17,000 times. It is utterly convincing.
 Leonard told me that if an M.I.T. undergraduate made the kinds of mistakes that Exponent made, “I would force them to repeat the experiment and correct the analysis.” Based on his study of the data, Leonard now says: “I am convinced that no deflation occurred and that the Patriots are innocent. It never happened.”

He is hardly the only scientist to take that position. As Dan Wetzel pointed out in a recent Yahoo Sports column, scientists at Carnegie Mellon, the University of Chicago, Boston College, Rockefeller University, the University of Illinois and Bowdoin College — and others — have all come to the same conclusion.

And yet, this overwhelming scientific consensus notwithstanding, here we are a year later, with Brady and his Patriots about to play yet again in an A.F.C. championship game — their 11th in the 22 years that Robert K. Kraft has owned the team — and nothing has changed. The other owners still seethe at what they perceive as cheating by the Patriots. The N.F.L., refusing to acknowledge the science, continues to pursue Brady in court, in an effort to enforce a four-game suspension that he sued to overturn. (Brady prevailed in the lower court.)

And then there’s Kraft. One of the shrewdest sports owners ever — he turned a floundering franchise into a property that Forbes values at a staggering $3.2 billion — Kraft has been publicly humiliated by his own league, forced to pay a $1 million fine and give up two draft choices. Although he no longer lashes out at the league the way he did in the early days of Deflategate — his style is to be a conciliator, not a slasher — he is said to feel betrayed. Not least by Goodell, with whom he had once been so close that people called him the “assistant commissioner,” according to ESPN the Magazine.

To put it another way, the consequences of something that scientists believe never happened have been enormous.

One reason people say Kraft feels betrayed, perhaps the main reason, is that Goodell owes him. He was a strong backer of Goodell to become N.F.L. commissioner. He advised Goodell at every turn, and lavishly praised him. As a member of the N.F.L.’s compensation committee, he was instrumental in pushing Goodell’s compensation from $2.5 million in 2007 to $44 million in 2012. He has been a key figure in every television rights deal and labor negotiation. During the Ray Rice domestic abuse debacle, Kraft was one of the few owners to publicly come to Goodell’s defense. He was — and remains — a powerful owner, who has used that power to buttress the N.F.L. commissioner. The two men also developed a close friendship.


But Kraft owed Goodell as well. The most important example was the Patriots’ 2007 Spygate scandal, in which the team was caught videotaping an opposing coach’s hand signals. Although the Patriots paid a $250,000 fine and forfeited a draft choice — and Coach Bill Belichick was fined $500,000 — Goodell ordered that the evidence the Patriots turned over to the league, including a handful of incriminating tapes, be immediately destroyed. Many of the other owners believed that the Patriots had done far worse than steal signals, and that Goodell’s order to destroy the evidence was a cover-up to help his friend Kraft. They were furious.

In truth, the other owners’ resentment of the Patriots went beyond Spygate. In a league built for parity, the Patriots have become the football version of the old Yankees. They are never rebuilding, and always contending. There was resentment over Kraft’s Svengali-like hold on Goodell. And there was jealousy over the Patriots’ success. Although Kraft runs perhaps the most stable franchise in the N.F.L. — who else has had the same coach for 16 years? — many owners were convinced that the team’s success could only be explained by cheating. With the dour, unlikable Belichick as the coach, it was easy enough to believe. After all, he had run a spying operation.

Deflategate was their revenge. Taken at face value, slightly deflated footballs hardly merit the kind of harsh punishment Goodell meted out. In 2012, the San Diego Chargers were caught using “grip enhancing” towels; a fine of $20,000 was levied, and that was only because an equipment manager was said to have ignored a referee’s instruction. (The fine was later overturned.)

And the underinflated balls — if they were underinflated — certainly didn’t affect the game. In the first half, using the supposedly underinflated footballs, Brady and the Patriots took a 17-7 lead. In the second half, with the balls reset at the legal 12.5 p.s.i., the Pats scored 28 consecutive points, making the final score, 45-7.

But that wasn’t the point. The other owners, feeling that the Patriots had been caught cheating a second time, wanted Goodell to crush them. Indeed, although the N.F.L. denies this, it was made clear to the commissioner that there would be repercussions for him if he went too easy on the Patriots. Once the Wells report was issued, with its faulty science and its circumstantial evidence, Goodell did what he had to do. He lowered the boom on his friend, adviser and protector, Kraft.

Why did Kraft pay the $1 million and give up the draft picks without a fight? What choice did he have? He’s not the kind of owner who likes to rock the boat; he’s the kind of owner who wants to do “what’s right for the league,” as he has often said publicly. Al Davis, the owner of the Oakland Raiders, who died in 2011, would no doubt have sued the league, but that’s not how Kraft operates.

It is also clear, though, that Kraft was trying to protect Brady, one of the greatest quarterbacks to play the game. Swallowing the punishment without complaint might have moved Goodell to lift Brady’s four-game suspension. When that didn’t happen, Kraft’s fury burst into public view. “I was wrong to put my faith in the league,” he said after the N.F.L. decided to pursue Brady in court.

(It’s worth noting that the court fight between Brady and the N.F.L. has nothing to do with whether Brady knew what was allegedly being done to the footballs. It’s about whether Goodell violated the collective bargaining agreement with the players’ union in suspending the Patriots quarterback. As Brady’s appeals brief notes, Goodell has had five disciplinary actions overturned since 2012. My guess is that the Brady case will make it six.)

Kraft, I hear, has returned to his role of being an N.F.L. conciliator and statesman. He is involved in negotiating the broadcast rights to the league’s Thursday night games. He is also on the relocation committee, and is said to have played a key role in the owners’ meeting last week when they decided to allow the Rams to move from St. Louis to Inglewood, Calif.

But there is enormous bitterness within the Patriots organization, and Kraft is believed to share that feeling. The Patriots even maintain a website called The Wells Report in Context, which picks apart the report’s findings in minute detail, and which would surely not exist without Kraft’s approval. The Patriots point to the now solid scientific consensus on Deflategate and question why the N.F.L. won’t back down, or apologize, or ... something. As for Kraft and Goodell, although they speak regularly, it is all business. Their friendship is basically over.

On Sunday, when the Patriots play the Broncos in Denver, the temperature is expected to be in the mid-40s, a little lower than the temperature in Foxborough, Mass., for last year’s A.F.C. championship game. There is likely to be some precipitation, just as there was last year, which will also affect the footballs.

At the start of the game, the Patriots’ footballs will be set at the lowest allowable p.s.i., just the way Brady likes them. At halftime, they will be lower, probably significantly lower.

After all, that’s what science predicts. And you can’t ignore the laws of science, unless, of course, you’re the N.F.L.

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Re: JUDGE BERMAN, the PYSCHOLOGIST on ARROGANCE, FEDERAL ELECTION GUIDELLINES & ENGLISH LESSONS FOR ILLEGAL ALIENS

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so stipulated Counsel!
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