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[Robert]
For thousands of years
we've looked at sport

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to produce our greatest heroes.

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Official YIFY movies site:
YTS.MX

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The ancient Greeks
to which we owe our heritage,

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embraced the idea
of competition.

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Fair level equal playing field
in which and from which,

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according to rules,
superiority would emerge.

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And so, we endowed
our great athletes

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with great moral virtue,
whether they deserved it or not.

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We wanted to believe
that if they were great

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athletically,
they would be great morally.

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[Jane]
Football is the way Americans

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tell the story of our culture
to our children.

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Football is the sport that most
conveys what we as Americans
think of our own selves

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and culture, and how we want
to pass that along to our kids.

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[Robert]
We draw our lessons from sport.

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So many of our moral
lessons about fairness,

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about honesty, about justice.

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So I'm fascinated by, then, all
of the things around football,

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and what does football
say about us as a society?

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It's the most popular sport
by far, makes more money.

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The players are
somewhat disposable.

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There are a few stars,
but we really are very happy
to not know who

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80% of the players on your
average football field are,
we have major health issues

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that come up. Fans are blindly
loyal to teams and really aren't
all that interested

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in hearing about
any of the negative things
about their sport.

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[Robert]
Sport has become this
microcosm for life.

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And so when we find
that it's polluted,

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then it challenges everything.

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It challenges everything
we hold dear.

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When our great heroes
turn out to have

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feet of clay, if we discover
that they're cheats,
then it undermines not only our

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sense of who our heroes are
and should be, it undermines
our sense of self.

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If we can't maintain
an integrity and an honesty
in our play space,

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how can we ever aspire
to maintain it in
our general lives?

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In the America I grew up in,
that I still believe in,
we loved guys

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like Tom Brady. A guy who came
from nothing, a guy who
couldn't even start

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for much of his career at
Michigan, who at one point

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was behind the coach's son
on the depth charts.

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He's 199th pick in the draft.
As a rookie, he was fourth

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on the Patriots'
depth chart, and then turned
himself into the greatest

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of all times.

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[dramatic music]

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[news reporter]
And Tom Brady
and the New England Patriots

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are back
in the Super Bowl again.

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[Michael]
Within hours, there was
a tweet by Bob Kravitz.

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The NFL is investigating
possible ball deflation issues

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with the New England Patriots'
footballs during the game.

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[news reporter]
Both Brady and Belichick
responding to the allegations

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on local radio shows.

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[Michael]
There was a leak from the NFL to
ESPN reporter, Chris Mortensen.

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11 of The 12 footballs were more
than two pounds underweight.

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And that really changed the
complexity of the controversy.

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And within hours of the story
breaking, the National Football

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media went completely unhinged.

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[news reporter]
The NFL has found 11 of
the New England Patriots,

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12 game balls were
inflated significantly

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below the NFL's requirements
League sources involved

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and familiar with the
investigation of Sunday's AFC
Championship Game told ESPN.

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[Robert]
Deflategate gets
its name instantly.

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They caught the Patriots, once
again the cheating Patriots.

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Now I hope they whack them.
They're going to get their
comeuppance.

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[reporters]
Deflategate. Deflategate.
Deflategate.

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[reporter]
From the morning shows
to talk radio,

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instead of talking
about the Super Bowl,

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all eyes are on the ball.

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[George]
You go into that press
conference.

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And Tom is wearing his hat
and everything's fine.

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And this is no big deal and, "I didn't do any of those things."

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I didn't, you know,
have any idea.

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You know, I didn't alter
the ball in any way.

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When I picked those balls out...

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at that point, you know,
to me, they're perfect.

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I don't want anyone
touching the balls after that.

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I don't want
anyone rubbing them,

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putting any air in them,
taking any air out.

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[news reporter]
Source is revealing to ESPN,
the balls were under-inflated,

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two pounds per square inch less than League standards, making them easier to grasp and catch.

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[Robert]
The press conference
immediately following.

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[Robert]
Belichick essentially said,
I can't explain it.

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Uh, I had no knowledge
whatsoever of this situation
until Monday morning.

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Mark Brunell cried on national
TV because he thought
Brady cheated.

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I just-- I just didn't believe
what Tom Brady had to say.

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[news reporter]
Source is telling
our sister Network, ESPN,

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this is the play that led to
the discovery of what is being
dubbed Deflategate.

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D'Qwell Jackson, a linebacker
for the Colts, intercepted
a pass by Tom Brady,

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and allegedly felt the ball
was lighter than normal.

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[Michael]
It led, of course,
to the NFL announcing

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a quote-unquote
independent investigation.

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It means that there's
a suspicion of wrongdoing.

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You must have done something
wrong. Why would the NFL
investigate you?

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What should have been, if to
a minor equipment violation, was
the top story in the country.

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Not on the sports news,
on the network newscast.

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[news reporter]
NBC Sports is reporting
the Deflategate investigation

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is now centered on a 90 second
bathroom break taken

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by a Patriots locker room
attendant before
the AFC Championship Game.

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It became a national
Scandal of epic proportions.

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There were people saying they
didn't want Belichick allowed
to go to the Super Bowl.

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They were talking about taking
the Patriots out of the game

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and having the Colts
go in their place.

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[dramatic music]

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I want to thank my family and
all my friends who supported me,

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all my teammates. I love
you guys, this is for you guys.

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[Jerry] They had Kelly Naqi, a reporter, go on outside the lines

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and accuse the Patriots of
doctoring the kicking balls
in that game.

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Adam Schefter came on and said,
"Not only did the Patriots not
doctor the kicking balls,

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but there was a guy from
NFL Charities who stole
the kicking ball

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in the middle of the game
and had been fired.

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A, I assumed the Patriots
did it. B, I was delighted
they were caught at it.

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C, I wanted them to be guilty
and I wanted them

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to be punished severely for it.

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The bigger picture here,
I think, is ethics, cheating,

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and keeping
the integrity of the game.

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The most important
thing here is,

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was there a violation
of rules and if so...

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how did that occur?
I think at this stage,

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what we have to do is
let the facts dictate.

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This report on Deflategate
that took lead investigators

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103 days to produce,
puts Tom Brady firmly
in its cross-hairs.

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Always played within the rules.

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I would never do anything
to break the rules,

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um, and I believe in fair play
and I respect the League.

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[news reporter] But today, an NFL investigation led by Ted Wells found

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it is more probable than not
that the three-time Super Bowl
MVP quarterback

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was at least generally aware of the inappropriate activities.

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You have the Wells report saying
that there was a conspiracy

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involving two Patriots
locker assistants.

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McNally and Jastremski coupled
with some type of knowledge by--
alleged knowledge by Tom Brady.

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It's only been 30 hours,
so I haven't had much time
to digest it.

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After the Wells report came out,
about five days passed.

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Roger Goodell
announced his punishments,

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and his punishments
were enormous, unprecedented.

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Seemingly, not in tune
with the actual rules.

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They went for this, like--
this triad of punishments.

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[news reporter]
Brady will not play
for the first four games

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of the season,
this upcoming season, 2015,

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will be suspended without pay,

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that the Patriots will have
a one million dollar fine.

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They'll give up their
first-round draft pick.

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What do you make of
this four-game suspension?

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These are serious issues.

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There is nothing more important

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to a Commissioner than
preserving the integrity
of the game.

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[Andrew]
One thing that people still
watch live on television

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at the time it's aired,
is NFL football.

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[upbeat music]

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That audience only sits down for
certain times together, right?

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It's going to be the Oscars
or it's going to be an event,

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like the Super Bowl or Sunday
when people watch NFL games.

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As many as two-thirds of
all Americans, uh, tune into
at least one football game.

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No other property, sort of, is--
operates in that--
in that ballpark.

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The ratings are gigantic.

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Advertisers really want a piece
of those NFL games,

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and so broadcasters
really want to have

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an NFL slot on their
broadcast window.

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So that's CBS, NBC,
Fox and ESPN.

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The NFL is a monopoly supplier,
which really gives them
a lot of power in the market.

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During the lockout
a few years back,

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The NFL players Association
was denied by one of
the television networks

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to run their pro-union
advertising.

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-Let them play.
-We want to play.

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-Let them play.
-Let them play!

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[Andrew]
If you're one of
the television networks,

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you'd really like
to avoid falling out of

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the good graces of the NFL.

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I think the NFL and the NFL
players Association

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is uniquely contentious
in the world of...

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sports and Leagues
versus Unions.

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[news reporter] So at midnight, the NFL's owners locked out their players.

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The Players' Union
dissolved itself,

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which allowed ten players,
led by star quarterback,
Tom Brady,

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to file an antitrust
lawsuit against the League.

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Basically, the owners want
to the players to take

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what amounts to an 18% pay cut.

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This isn't a strike.

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The players aren't striking
because they want more money.

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This is a lock out.
The owners are threatening
to lock their employees

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out of the building unless
they take a pay cut.

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In 2011, the League ended up
taking out a quote unquote loan

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from its broadcast partners of
about four billion dollars.

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[news reporter]
The League violated its
agreement with the Union

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in setting aside 4 billion
dollars for itself in
additional TV Revenue.

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The NFL was effectively
stockpiling money
to prepare for a lockout.

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And that would have been
prevented it from

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losing money in the event
of the lockout,
which of course happened.

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And a federal judge ruled
for the players,
saying that this was

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a shady deal and that it would
have taken that money then

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out of the pool of revenue
that would have been available
for player salaries

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and all these other
different things.

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So, definitely, like, the NFL is

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very creative, let's just say,

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in trying to find ways to

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maximize and preserve revenue.

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[Andrew]
The NFL's brand has been valued
at 24 billion dollars.

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That's with the B.
Then we shouldn't be surprised

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that they're managing that
professionally and with a--

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in a sophisticated way,
in a well resourced way.
We may think of

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some of the things that firms
do as sort of manipulate.

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Or maybe tricky.
From the point of view
of the brand owner,

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what they're doing is called
public relations.

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Look on the internet. You'll see
a single phrase appearing

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time and again,
which characterizes the lockout

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as a dispute between
quote billionaires
and millionaires.

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And why the hell are
millionaires fighting
against billionaires

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going to cost hardworking
Americans their money
and their favorite pastime?

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There's a real class divide
between the way players
are paid.

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There are players who make
multimillion-dollar contracts.

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You could also be somebody,
you know, who's the 51st,
52nd, 53rd guy on the roster,

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you could be
on the practice squad.

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Uh, your money is not going
to be guaranteed in those
situations.

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You may be making League minimum
which is, you know, a couple
hundred thousand dollars.

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[Andrew] They're-- they're
really not millionaires versus
billionaires.

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When we're given a--
we call this a heuristic

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in consumer psychology,
when we're given a--
this little mental shortcut.

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It's then becomes quite easy
to process what's going on,

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when it's really a more complex,
more nuanced situation.

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And this can be quite
an effective way

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of directing a public opinion.

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We want to know that
they are considering

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the ethical implications

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of the sophisticated
tactics that they employ.

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We want to know that they're--
that they're not cheating.

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[gentle piano music]

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[Michael]
Until Deflategate,
the sanctity of the footballs

226
00:13:01,868 --> 00:13:04,000
sure didn't seem like
a priority for the NFL.

227
00:13:04,044 --> 00:13:07,917
No one ever gauged
a football during a game.

228
00:13:09,092 --> 00:13:12,139
During halftime.
No one ever gauged
the footballs after a game.

229
00:13:12,182 --> 00:13:14,010
It's not the nuclear briefcase.

230
00:13:14,054 --> 00:13:17,927
Do you know where the-- the 12.5

231
00:13:17,971 --> 00:13:21,409
to 13.5 range PSI comes from?

232
00:13:21,452 --> 00:13:24,847
The back of the box that
Wilson footballs are sold in.

233
00:13:24,891 --> 00:13:26,501
That's how the League
came up with this.

234
00:13:30,244 --> 00:13:32,289
[light dramatic piano music]

235
00:13:34,683 --> 00:13:37,512
[John] So, I'm a big
football fan, but I am
a Philadelphia Eagles fan.

236
00:13:37,555 --> 00:13:40,732
I don't really like
the Patriots even though
I live in the Boston area,

237
00:13:40,776 --> 00:13:45,302
and so I got interested in this
story because I thought it would
be a really

238
00:13:45,346 --> 00:13:48,088
fascinating story
for a measurement
and instrumentation class.

239
00:13:48,131 --> 00:13:50,133
I'm always looking for
real world examples

240
00:13:50,177 --> 00:13:53,484
that will sort of make science
interesting and come alive
to students.

241
00:13:53,528 --> 00:13:56,661
What I wanted to do was to try
to talk about this sort of

242
00:13:56,705 --> 00:13:59,839
Deflategate controversy,
but go back to the data.

243
00:14:00,361 --> 00:14:04,234
There were all these
reports about the, um,
alleged ball deflation

244
00:14:04,278 --> 00:14:07,281
and word was leaked about,
you know, sort of

245
00:14:07,324 --> 00:14:09,457
very large amounts
of pressure reduction,

246
00:14:09,500 --> 00:14:11,894
but the NFL didn't
actually release the real data.

247
00:14:11,938 --> 00:14:15,158
I was anxiously waiting
to see the real numbers.

248
00:14:15,202 --> 00:14:19,032
I was like, "Why can't
the NFL release the data?
I want the data.

249
00:14:19,075 --> 00:14:22,470
I want to be able to test
the data against the predictions
from the science

250
00:14:22,513 --> 00:14:23,558
to know what's going on."

251
00:14:30,043 --> 00:14:33,916
[Chris]
So the three footballs have been
in the environmental chamber for

252
00:14:33,960 --> 00:14:38,138
an hour and 45 minutes, which is
about the amount of time that
the balls were out

253
00:14:38,181 --> 00:14:40,662
on the playing field before they
came back into the locker room.

254
00:14:41,184 --> 00:14:44,318
So they've been soaking
it 8.9 degrees Celsius,

255
00:14:44,361 --> 00:14:47,060
which is about 48 degrees
Fahrenheit for that time.

256
00:14:47,103 --> 00:14:49,758
We're now going to test them
again with our-- with our
calibrated

257
00:14:49,801 --> 00:14:51,238
high accurate pressure sensor.

258
00:14:51,281 --> 00:14:52,892
We're going to see
what the pressure is now.

259
00:14:59,855 --> 00:15:02,727
This was one of the footballs
that was originally
at 12 and half PSI.

260
00:15:05,382 --> 00:15:08,385
You see, it's now reading 11.44.

261
00:15:14,914 --> 00:15:17,742
This is another one
that was at 12 and a half PSI.

262
00:15:18,656 --> 00:15:22,573
Which is now reading
at about 11.34.

263
00:15:22,617 --> 00:15:26,403
And finally... this was the ball
that was at 13 PSI.

264
00:15:27,970 --> 00:15:31,887
And it's now
reading about 11.96.

265
00:15:32,453 --> 00:15:36,761
All the footballs
have lost pressure,

266
00:15:37,240 --> 00:15:41,810
uh, by approximately one PSI,
which is exactly

267
00:15:41,853 --> 00:15:45,596
what the Patriots readings
were when they were measured
at halftime.

268
00:15:45,640 --> 00:15:48,991
I read the report and I have
tremendous respect for
Exponent and it's sort of

269
00:15:49,035 --> 00:15:51,863
amazing team of scientists,
its facilities.

270
00:15:51,907 --> 00:15:57,217
And so I, um-- you know,
the-- the first sort of
temptation was to just

271
00:15:57,260 --> 00:16:00,394
fully embrace their
conclusions in the report,

272
00:16:00,437 --> 00:16:02,831
but then I decided to do
their calculations myself

273
00:16:02,874 --> 00:16:04,746
and to dig into data myself
a little bit.

274
00:16:04,789 --> 00:16:06,617
When they measured
the Patriots' ball on

275
00:16:06,661 --> 00:16:08,532
the sidelines
with one of the gauges.

276
00:16:08,576 --> 00:16:09,446
Guess what they measured?

277
00:16:11,187 --> 00:16:13,407
we can look up--
they measured 11.3.

278
00:16:14,364 --> 00:16:18,716
Okay? Now, instead of
thinking, ideal gas law,

279
00:16:19,239 --> 00:16:22,329
they thought cheating,
and everything went
downhill from there.

280
00:16:23,025 --> 00:16:26,637
The ideal gas law
prediction is 11.32 PSI.

281
00:16:26,681 --> 00:16:32,469
So, at that instant, if they had
known the ideal gas law,
they would have known,

282
00:16:32,948 --> 00:16:34,950
"Oh, this is perfectly
explained by science."

283
00:16:35,559 --> 00:16:37,909
Instead, they said,
"Oh, it must be cheating."

284
00:16:39,563 --> 00:16:43,524
The balls were inflated before
the game in a locker room
that's agreed to be

285
00:16:43,567 --> 00:16:49,138
about 71 degrees Fahrenheit
to 12 and half PSI using one
of these two gauges.

286
00:16:49,182 --> 00:16:52,185
All right. And the gauges
differ by 0.3 PSI.

287
00:16:52,228 --> 00:16:56,841
Now, that might seem like
a lot, but it's actually
a one percent difference

288
00:16:56,885 --> 00:17:00,236
in the air in the football to
explain a 0.3. PSI difference.

289
00:17:00,280 --> 00:17:04,371
What most people don't realize,
the NFL had no idea
that this occurred.

290
00:17:04,414 --> 00:17:07,809
And it's been occurring
for decades in NFL games.

291
00:17:07,852 --> 00:17:12,161
It's that when there is cold
weather, the balls lose
pressure, naturally,

292
00:17:12,204 --> 00:17:15,121
the-- the ratio of pressure
to temperature is constant.

293
00:17:15,164 --> 00:17:19,777
Now, the trick is you have to
use absolute temperature
and absolute pressure units.

294
00:17:19,820 --> 00:17:23,781
And for that,
we take the Fahrenheit
measurement and we add 460.

295
00:17:23,825 --> 00:17:28,089
So, we take 71 degrees
Fahrenheit, plus 460,

296
00:17:28,134 --> 00:17:32,007
gives us 531 degrees R,
degrees ranking.

297
00:17:32,051 --> 00:17:34,270
The temperature
on the field, 48 degrees.

298
00:17:34,314 --> 00:17:37,534
We add 460, you get 508 R.

299
00:17:38,013 --> 00:17:42,061
If we take 508, the ranking
temperature in the field,

300
00:17:42,104 --> 00:17:45,977
divide it by 531, the ranking
temperature in the locker room,

301
00:17:46,021 --> 00:17:51,113
that ratio, you can get out
your calculator,
508 divided by 531...

302
00:17:52,071 --> 00:17:56,379
it's about, if memory
serves me, about 95.7%.

303
00:17:57,598 --> 00:17:59,600
0.957. What that means is that

304
00:18:00,166 --> 00:18:03,560
the temperature fell by 4.3%.

305
00:18:03,604 --> 00:18:07,303
So if the temperature fell
by 4.3%, and the temperature

306
00:18:07,347 --> 00:18:09,697
and the pressure
have a constant ratio,

307
00:18:09,740 --> 00:18:12,178
that means the pressure
has to fall 4.3%.

308
00:18:12,917 --> 00:18:14,745
However, we have to
use absolute pressure.

309
00:18:14,789 --> 00:18:16,704
So the 12 and a half PSI.

310
00:18:16,747 --> 00:18:20,142
We add 14.7 to get 27.2.

311
00:18:21,230 --> 00:18:27,454
We multiply that by 0.953,
the ratio and the ranking scale
of the two temperatures,

312
00:18:27,497 --> 00:18:32,937
and we get a new predicted
pressure, which I believe is
26.02 PSI...

313
00:18:33,982 --> 00:18:37,203
absolute. We subtract back off
the atmospheric pressure.

314
00:18:37,246 --> 00:18:41,163
I'm using 14.7.
I think it was like 14.66

315
00:18:41,207 --> 00:18:44,732
PSI, atmospheric pressure
at Norwood airport,
which is the closest

316
00:18:44,775 --> 00:18:46,603
weather station I could find.

317
00:18:46,647 --> 00:18:49,171
And you wind up,
you take the 26.02,

318
00:18:49,215 --> 00:18:54,045
subtract off the 14.07,
you get 11.32 PSI.

319
00:18:54,481 --> 00:18:56,961
So the Gay Lussac's law predicts

320
00:18:57,005 --> 00:19:01,052
the ball pressure should
have been 11.32 PSI.

321
00:19:01,096 --> 00:19:05,579
Compare those measurements
with the--

322
00:19:05,622 --> 00:19:09,191
compare the measurements with
that prediction, and if they're
close, then physical laws

323
00:19:09,235 --> 00:19:11,585
explain it, and if they're
not close, maybe something
else happened.

324
00:19:11,628 --> 00:19:13,978
The average of all
the numbers from one gauge,

325
00:19:14,022 --> 00:19:15,806
the average from the numbers
in the other gauge,

326
00:19:15,850 --> 00:19:18,635
we get 11.11, 11.49.

327
00:19:19,723 --> 00:19:21,638
Let's take the average
of those two numbers.

328
00:19:21,682 --> 00:19:25,555
If we take the average of
all 22 measurements,
we get 11.30 PSI.

329
00:19:25,599 --> 00:19:30,081
So summary, Patriots'
balls match the ideal gas
law prediction.

330
00:19:30,125 --> 00:19:33,215
The agreement is well within
the measurement accuracy of the
gauges and the other unknowns.

331
00:19:33,259 --> 00:19:34,825
There are a lot
of unknowns here.

332
00:19:34,869 --> 00:19:37,611
It doesn't surprise me at all
that the referees who

333
00:19:37,654 --> 00:19:40,831
had very little notice that they
had to do this procedure,

334
00:19:40,875 --> 00:19:43,573
that they switched gauges
inadvertently

335
00:19:43,617 --> 00:19:45,706
between the Colts'
and the Pats' balls.

336
00:19:45,749 --> 00:19:48,361
That the third reading
of the Colts' balls

337
00:19:48,404 --> 00:19:51,102
is wrong. So somehow they either

338
00:19:51,146 --> 00:19:54,889
swapped the gauges back
and forth, or the person wrote

339
00:19:54,932 --> 00:19:59,850
the wrong numbers in the wrong
columns or they might have
misheard a number.

340
00:19:59,894 --> 00:20:06,727
[unintelligible] ...They bring
in 12 balls normally, and those
are classified as game balls.

341
00:20:07,554 --> 00:20:10,078
We have the pressure them,
make sure they're between

342
00:20:10,121 --> 00:20:13,473
League regulations as
12 and 13 and a half pounds.

343
00:20:13,516 --> 00:20:15,910
12 and a half. Close enough.

344
00:20:19,261 --> 00:20:21,394
-[air pressure]
-Whoa.

345
00:20:22,046 --> 00:20:23,918
[John]
So this is a video
from something

346
00:20:23,961 --> 00:20:28,357
called the Monday
Morning Quarterback website
for Sports Illustrated,

347
00:20:28,401 --> 00:20:30,011
just showing how
they prepare the balls.

348
00:20:30,054 --> 00:20:31,360
Did they write anything down?

349
00:20:32,143 --> 00:20:33,232
Did they write down any numbers?

350
00:20:34,537 --> 00:20:36,104
Did they take the temperature?

351
00:20:37,148 --> 00:20:39,325
Did they have any sort
of experimental procedure?

352
00:20:39,934 --> 00:20:43,285
Did they just say,
"12 and a half? Close enough."

353
00:20:43,329 --> 00:20:46,332
Okay? With a sensor that
sort of costs 15 bucks
and is plus or minus

354
00:20:46,375 --> 00:20:48,812
0.2 PSI accuracy. All right?

355
00:20:49,857 --> 00:20:52,512
In any measurement problem,
there's a notion of
the margin of error,

356
00:20:52,555 --> 00:20:54,296
it's how accurately
do you know something?

357
00:20:54,775 --> 00:20:58,779
And so, in this problem,
we have so many different
sources of error.

358
00:20:58,822 --> 00:21:02,391
We have the uncertainty
in the initial pressure.

359
00:21:02,435 --> 00:21:05,655
We don't know the temperature
which it was when he took that
initial measurement.

360
00:21:05,699 --> 00:21:10,660
We don't know, uh, the effect
of the balls being wet.

361
00:21:10,704 --> 00:21:13,794
The cold, wet water
from the ground

362
00:21:13,837 --> 00:21:16,362
would have two effects on
the balls. And so people
have done experiments

363
00:21:16,405 --> 00:21:19,321
with at Carnegie Mellon where
if you make the leather wet,

364
00:21:19,365 --> 00:21:23,194
it expands and the volume
increases. So my-- the
Gay Lussac's law assumes

365
00:21:23,238 --> 00:21:25,980
the volume's fixed,
but if the volume increases,
the pressure also drop.

366
00:21:26,023 --> 00:21:28,199
so there could be a three
percent drop in pressure

367
00:21:28,243 --> 00:21:30,550
just due to the some
of the balls being wet.

368
00:21:30,593 --> 00:21:35,337
There are many sources of error,
and to me the margin of error...

369
00:21:36,295 --> 00:21:38,297
taking all these different
sources of error,

370
00:21:38,340 --> 00:21:41,343
is much greater than
the actual alleged increment.

371
00:21:42,301 --> 00:21:45,216
You know, if I had to stake my
reputation in my career on it...

372
00:21:46,261 --> 00:21:48,785
the Patriots' balls match
the ideal gas law prediction.

373
00:21:49,264 --> 00:21:53,007
If you look at their data,
it's accurate and it shows
that the--

374
00:21:53,050 --> 00:21:56,358
what we're going to show
today in this experiment,
that the pressure drops

375
00:21:56,402 --> 00:21:59,405
when you drop the-- the
temperature by as much as
we've seen on that game day.

376
00:21:59,448 --> 00:22:01,972
It's all the other assumptions
they make and other things that

377
00:22:02,016 --> 00:22:03,931
kind of skew the results
for them.

378
00:22:03,974 --> 00:22:06,325
So what I did is I went
back to the historical

379
00:22:06,368 --> 00:22:09,066
temperatures of NFL games,

380
00:22:09,110 --> 00:22:12,331
and I made some assumptions,
which you know,
I'll be very clear about.

381
00:22:12,374 --> 00:22:15,682
Like, if we assume the footballs
were inflated in a heated
locker room.

382
00:22:15,725 --> 00:22:18,641
And then they went to
a cold playing field and--

383
00:22:18,685 --> 00:22:21,949
or whatever the playing field
temperature was and had time
to equilibrate...

384
00:22:22,819 --> 00:22:25,605
For what fraction of NFL games,
where the ball's been out

385
00:22:25,648 --> 00:22:28,085
of this 12 and a half
to three and a half--

386
00:22:28,129 --> 00:22:30,914
12 and a half
to 13 and a half PSI range,

387
00:22:30,958 --> 00:22:32,786
and it's a huge fraction
of the games.

388
00:22:32,829 --> 00:22:33,961
Game temperature...

389
00:22:35,092 --> 00:22:37,138
um, versus the date of the game,

390
00:22:37,181 --> 00:22:40,533
and so I-- starting out,
it's going kind of slow.
1960-'61.

391
00:22:40,576 --> 00:22:43,971
And I have it
logarithmically getting
faster each year.

392
00:22:44,014 --> 00:22:47,888
And so you can see how,
like, I build the graph...

393
00:22:48,584 --> 00:22:51,979
of all the game time
predicted temperatures.
So, over 10,000 games.

394
00:22:52,022 --> 00:22:55,765
I took out any game in a dome
stadium, whether the dome is
open or not.

395
00:22:55,809 --> 00:23:01,292
And then what I did
is I predicted, okay, um,
if we started at 13 PSI

396
00:23:01,336 --> 00:23:05,296
in the middle of the range,
what would the predicted
on-field pressure be?

397
00:23:05,340 --> 00:23:08,387
And obviously,
for the colder weather games,
as we get later in the year,

398
00:23:08,430 --> 00:23:11,694
we predict lots and lots
of games that are well
outside the range.

399
00:23:11,738 --> 00:23:13,957
It's not just that
the numbers are ambiguous

400
00:23:14,001 --> 00:23:15,785
or there might be some
questions about the report...

401
00:23:17,134 --> 00:23:18,484
the numbers prove innocence.

402
00:23:19,659 --> 00:23:20,877
The numbers prove innocence.

403
00:23:48,992 --> 00:23:51,821
[Robert] Some of the issues
that I'm focused on were
the early issues of

404
00:23:52,387 --> 00:23:55,216
what is a game.
What is a sport, cheating,

405
00:23:55,782 --> 00:23:57,261
what constitutes cheating,
which would

406
00:23:57,305 --> 00:23:59,525
get us right into
Deflategate because...

407
00:24:00,656 --> 00:24:05,226
my perspective on Deflategate
is essentially this,

408
00:24:05,269 --> 00:24:07,315
that someone cheated...

409
00:24:08,098 --> 00:24:10,623
but it wasn't
the Patriots or Tom Brady,

410
00:24:10,666 --> 00:24:14,801
it was the NFL,
that the cheating label

411
00:24:14,844 --> 00:24:17,107
has been placed
on the wrong party.

412
00:24:19,893 --> 00:24:21,460
[Andrew]
This is the idea that when

413
00:24:22,069 --> 00:24:25,507
you learn a piece of
new information

414
00:24:25,551 --> 00:24:28,989
and it comes with
a discounting Q,

415
00:24:29,032 --> 00:24:32,906
so this would sound something
like, 11 of 12 footballs
used in the AFC

416
00:24:32,949 --> 00:24:37,084
Championship Game, were
under-inflated by two PSI each,

417
00:24:37,127 --> 00:24:39,695
uh, according to League sources.

418
00:24:39,739 --> 00:24:44,657
So when I say, according to
League sources, that means,
"Hey, this is early,

419
00:24:44,700 --> 00:24:49,052
there's more information
to come. So that-- that
functions as a discounting Q.

420
00:24:49,096 --> 00:24:53,056
Now, here's the problem
with that, those two pieces
of information decay

421
00:24:53,100 --> 00:24:55,624
at different rates,
that is, they are forgotten
at different rates.

422
00:24:55,668 --> 00:25:01,195
They'll remember that
Chris Mortensen of ESPN said
11 of 12 footballs

423
00:25:01,238 --> 00:25:04,720
were under-inflated by two PSI
and they'll forget
the discounting Q.

424
00:25:05,460 --> 00:25:07,984
[Daniel]
One of the very first
things that I did

425
00:25:08,028 --> 00:25:11,031
is I requested of the League

426
00:25:11,074 --> 00:25:13,468
and of the League's
investigators

427
00:25:13,512 --> 00:25:16,515
that we be provided with
the actual PSI information.

428
00:25:17,211 --> 00:25:19,300
That request was refused.

429
00:25:19,822 --> 00:25:23,870
when they finally made the
information or offered to make

430
00:25:23,913 --> 00:25:26,960
the information about the actual
PSI numbers available...

431
00:25:27,526 --> 00:25:29,484
they did so on the condition

432
00:25:30,137 --> 00:25:32,487
that I would have to
agree that I would not share

433
00:25:32,531 --> 00:25:34,533
that information with anyone,

434
00:25:35,185 --> 00:25:38,145
which meant that the false
information ended up being

435
00:25:38,188 --> 00:25:39,842
out in the public
for over a hundred days...

436
00:25:41,191 --> 00:25:43,542
never corrected by the League.

437
00:25:44,673 --> 00:25:48,634
And when the Wells report
is finally issued...

438
00:25:49,809 --> 00:25:52,463
although the accurate
information is there...

439
00:25:53,682 --> 00:25:56,859
it's largely buried in a story

440
00:25:56,903 --> 00:26:01,124
that had much more to do
with interpretation of texts

441
00:26:01,168 --> 00:26:03,474
than it had to do
with the science.

442
00:26:03,518 --> 00:26:07,914
The effect we end up with is
that viewers remember

443
00:26:07,957 --> 00:26:10,220
what turns out to be
incorrect information.

444
00:26:10,264 --> 00:26:13,136
Not only was
misinformation leaked...

445
00:26:14,355 --> 00:26:16,966
but the Patriots
the very next day

446
00:26:17,010 --> 00:26:19,055
got an official letter
from the League.

447
00:26:20,056 --> 00:26:23,582
And the official letter from
the League was also wrong

448
00:26:23,625 --> 00:26:26,019
in terms of what
the Patriots were advised

449
00:26:26,672 --> 00:26:31,241
the PSI of the footballs had
measured. That letter from
a League official,

450
00:26:31,720 --> 00:26:35,985
said one of the balls
in fact had measured
as low as 10.1 PSI.

451
00:26:37,465 --> 00:26:41,295
Well, that turned out
to be false, that same letter
said that none of

452
00:26:41,338 --> 00:26:43,819
the Colts' balls that were
measured at halftime,

453
00:26:44,515 --> 00:26:47,431
and that letter didn't disclose
it, only four were measured...

454
00:26:48,432 --> 00:26:52,001
but the letter asserted, none of
the Colts' balls measured below
regulation.

455
00:26:53,873 --> 00:26:55,483
That also was incorrect.

456
00:26:56,571 --> 00:26:59,574
So, not only was the leaked
information wrong

457
00:26:59,618 --> 00:27:01,968
about the Patriots' footballs,

458
00:27:02,708 --> 00:27:05,711
but both the leaked
information and the official
letter from the League

459
00:27:05,754 --> 00:27:07,843
was wrong about
the Colts' balls.

460
00:27:08,714 --> 00:27:12,456
And unfortunately, what happens
with misinformation

461
00:27:13,022 --> 00:27:16,112
when it is not
corrected, is it takes
on a life of its own.

462
00:27:17,070 --> 00:27:19,942
So, people developed
across the country

463
00:27:20,595 --> 00:27:24,991
this view that there must
really be something wrong

464
00:27:25,034 --> 00:27:27,080
that happened here, because,
look, the Patriots' balls were

465
00:27:27,123 --> 00:27:29,473
significantly below regulation

466
00:27:30,170 --> 00:27:32,215
and all of the Colts' balls
were over-regulation.

467
00:27:32,259 --> 00:27:35,523
Outside of New England
when people hear,

468
00:27:35,566 --> 00:27:38,787
"Wow, those footballs
are more than two pounds
under underweight.

469
00:27:39,353 --> 00:27:41,311
They must have been doing
something to those footballs."

470
00:27:41,355 --> 00:27:44,010
You have to take a look at, to
what degree of cheating is it?

471
00:27:44,053 --> 00:27:47,883
And we still see people
talk about it as if it's true,
when in fact it isn't.

472
00:27:51,017 --> 00:27:52,845
[Andrew] Layer on top of that,

473
00:27:52,888 --> 00:27:55,151
the idea of
the confirmation bias.

474
00:27:55,195 --> 00:27:57,893
While we may think that we are

475
00:27:57,937 --> 00:28:01,854
sort of in an unbiased way,
weighing all the evidence,

476
00:28:01,897 --> 00:28:04,639
there are processes going on
in the background,

477
00:28:04,683 --> 00:28:07,729
or under the surface,
that we're not aware of

478
00:28:07,773 --> 00:28:10,427
that are leading us
to a particular conclusion.

479
00:28:10,471 --> 00:28:14,562
There's an element to this
of confirmation bias.

480
00:28:14,605 --> 00:28:17,347
Where people are going to
believe the thing that
they want to believe.

481
00:28:17,391 --> 00:28:21,090
People tend to process

482
00:28:21,134 --> 00:28:24,746
new information through the lens
of their existing attitudes.

483
00:28:24,790 --> 00:28:28,402
And people tend to give more

484
00:28:28,445 --> 00:28:31,622
attention to information
that confirms

485
00:28:31,666 --> 00:28:36,802
their existing attitudes,
and they tend to either ignore

486
00:28:36,845 --> 00:28:41,502
or discount or distort
information that disconfirms

487
00:28:41,545 --> 00:28:44,287
what they already believe.
Now, this is the reason that

488
00:28:44,331 --> 00:28:49,292
liberals tend to watch
MSNBC and conservatives
tend to watch Fox News,

489
00:28:49,336 --> 00:28:52,295
because if you're
a conservative and you see
a conservative treatment

490
00:28:52,339 --> 00:28:54,950
of the issues of the day,
that confirms

491
00:28:54,994 --> 00:28:58,519
your existing worldview.
Same is true for liberals.

492
00:28:58,562 --> 00:29:04,351
And it's just a much more
pleasurable experience to
encounter such information.

493
00:29:04,394 --> 00:29:07,702
It's really challenging
to encounter information

494
00:29:07,746 --> 00:29:11,227
that's-- disconfirms our
existing view of the world.

495
00:29:12,054 --> 00:29:15,492
The fact that the leak contained
incorrect information...

496
00:29:16,102 --> 00:29:18,539
in the fact that
it's a false leak designed,

497
00:29:18,582 --> 00:29:20,976
it appears, to make
the Patriots look guilty,

498
00:29:21,020 --> 00:29:24,327
would make Tom Brady conclude
that if he turns over his phone,

499
00:29:24,371 --> 00:29:28,505
information on that phone
could be leaked in ways that
make him look guilty as well.

500
00:29:32,031 --> 00:29:34,685
Whatever information
comes out first

501
00:29:34,729 --> 00:29:38,689
is going to sort of
create a baseline

502
00:29:38,733 --> 00:29:42,563
set of attitudes about
a particular incident,

503
00:29:43,085 --> 00:29:47,481
and then all subsequent
information that comes out
after that

504
00:29:47,524 --> 00:29:52,791
is going to be, in general,
is going to be processed
through the lens of

505
00:29:52,834 --> 00:29:56,011
the additives that
were established by
the initial information.

506
00:29:56,055 --> 00:29:58,797
In the press conference
immediately following,

507
00:29:58,840 --> 00:30:02,278
Belichick essentially said,
"I can't explain it."

508
00:30:02,975 --> 00:30:05,325
what was interesting about that
among other things is

509
00:30:05,368 --> 00:30:09,808
he never once raises
the possibility... that
the reason he can't explain it

510
00:30:09,851 --> 00:30:11,026
is because it isn't true.

511
00:30:13,289 --> 00:30:16,858
In other words.
He accepts, as given, the
figures as leaked by the NFL,

512
00:30:16,902 --> 00:30:20,209
which shows a remarkable trust,
and Brady's the same way.

513
00:30:20,253 --> 00:30:23,517
Nobody says at that point,
those figures have to be wrong.

514
00:30:24,387 --> 00:30:26,302
Nobody says it,
everyone accepts that.

515
00:30:26,825 --> 00:30:29,305
[George]
If you're going to cover
the League and this is not just

516
00:30:29,349 --> 00:30:32,918
a PSA, but this is
just 101, right?

517
00:30:33,483 --> 00:30:36,617
Your skepticism now with how you
engage the League office...

518
00:30:38,010 --> 00:30:40,142
on facts and...

519
00:30:41,927 --> 00:30:44,581
information has to be
at an all-time high.

520
00:30:44,625 --> 00:30:48,411
Certainly one thing that we
know from the political realm is

521
00:30:48,455 --> 00:30:51,284
if you say something
and try to control the story

522
00:30:51,327 --> 00:30:52,415
and you say it often enough...

523
00:30:54,635 --> 00:30:56,506
people actually start
to think that's the truth.

524
00:30:56,550 --> 00:30:59,596
Even if it's not, even if it's
not even close to the truth.

525
00:30:59,640 --> 00:31:03,252
Mark Twain said, "It's easier
to lie to people than it is
to convince them

526
00:31:03,296 --> 00:31:04,384
that they have been lied to.

527
00:31:06,125 --> 00:31:08,257
I first started
getting turned around

528
00:31:08,910 --> 00:31:10,912
when I read the Patriots'
response.

529
00:31:10,956 --> 00:31:13,567
Ah, let's see what--
let's see what the Patriots

530
00:31:13,610 --> 00:31:16,309
have the nerve
to try to defend themselves.

531
00:31:16,352 --> 00:31:17,658
Come on, you're caught,
just admit it.

532
00:31:19,616 --> 00:31:21,618
And I start reading
the Patriots' response,

533
00:31:21,662 --> 00:31:24,230
which was drafted
by Daniel Goldberg,

534
00:31:24,795 --> 00:31:26,362
who was the Patriots' lawyer.

535
00:31:28,321 --> 00:31:30,627
And he starts pointing out
something, some things
that are very troubling.

536
00:31:32,499 --> 00:31:34,240
And that don't make sense.

537
00:31:35,328 --> 00:31:39,419
You know, I had this image
of the guy sneaking the balls.

538
00:31:40,637 --> 00:31:45,251
He points out, here's this
big guy with two sacks of
footballs over his shoulder,

539
00:31:45,294 --> 00:31:50,604
the ball locker room attendant,
walks out within full view
of everybody.

540
00:31:50,647 --> 00:31:51,648
Nobody stops him.

541
00:31:53,868 --> 00:31:56,305
Yes, he goes into
a bathroom for 100 seconds,

542
00:31:56,349 --> 00:31:58,307
but the bathroom is on
the way to the field.

543
00:31:59,482 --> 00:32:01,789
And he's not allowed to leave
the field for the whole
first half.

544
00:32:03,617 --> 00:32:05,575
[Jim] With playoff football,

545
00:32:05,619 --> 00:32:07,969
I mean, there's a lot more
people that are in the,

546
00:32:08,013 --> 00:32:10,580
uh, the official's area.

547
00:32:10,624 --> 00:32:15,324
Um, there's a lot more
intensity, a lot more hype
for playoff football.

548
00:32:15,368 --> 00:32:19,850
Just a lot more people
from the League office are down
there, security, etc..

549
00:32:19,894 --> 00:32:23,985
So, I mean, it's typical playoff
football that, uh, a lot of
people in the locker room.

550
00:32:24,029 --> 00:32:27,684
If it was so unusual
for him to do it,

551
00:32:27,728 --> 00:32:29,991
carry the two bags of
balls over his shoulders.

552
00:32:30,035 --> 00:32:33,212
How come he passed by dozens
of officials and no one
stopped him?

553
00:32:33,255 --> 00:32:37,259
How come he did it again going
back in after halftime
and nobody stopped him?

554
00:32:37,303 --> 00:32:41,133
A, B. 100 seconds,
the rush, why?

555
00:32:41,176 --> 00:32:43,918
The NFL game had
gone into overtime, the NFL--

556
00:32:43,962 --> 00:32:46,877
NFC Championship game,
which everyone was watching
on TV had gone into overtime.

557
00:32:46,921 --> 00:32:49,880
He had more than--
he had plenty of time,
why rush it in 100 seconds?

558
00:32:49,924 --> 00:32:52,144
Because if you over deflate
a ball, it gets too soft,

559
00:32:52,187 --> 00:32:54,233
can you imagine
if he had stopped with,

560
00:32:54,711 --> 00:32:58,759
they issued false figures,
they withheld them for us
for eight weeks,

561
00:32:59,281 --> 00:33:02,893
they only gave them to us
on condition that
we not release them

562
00:33:02,937 --> 00:33:04,939
until they release
the Wells report.

563
00:33:04,983 --> 00:33:06,723
And then goes through the
science that they went through.

564
00:33:06,767 --> 00:33:08,551
How science fully explains:

565
00:33:08,595 --> 00:33:11,380
A, the drop in pressure
of the Patriots' balls.

566
00:33:11,424 --> 00:33:14,253
And, B, the greater drop in
pressure of the Patriots' balls

567
00:33:14,296 --> 00:33:16,559
as against the Colts' balls,
and stop there.

568
00:33:17,125 --> 00:33:18,561
The press would have gone wild.

569
00:33:20,172 --> 00:33:22,435
And then the sentiment would
have built and built and built

570
00:33:22,478 --> 00:33:25,786
of the innocence getting
screwed by the League.

571
00:33:25,829 --> 00:33:29,050
Instead, he talked about the
deflator of the interpretation,

572
00:33:29,094 --> 00:33:31,574
which may even be accurate,
but it wasn't plausible.

573
00:33:32,488 --> 00:33:36,579
You know, the ancient sophists
knew that we value the plausible
more than the true.

574
00:33:36,623 --> 00:33:38,581
So it might have been true,
but it wasn't plausible.

575
00:33:38,625 --> 00:33:41,149
And of course it was the subject
of mirth and merriment

576
00:33:41,193 --> 00:33:44,065
and it sucked
all the attention from
the media, right to that,

577
00:33:44,109 --> 00:33:48,809
became this butt of jokes.
And late-night TV,
that became the headline,

578
00:33:48,852 --> 00:33:51,290
and everyone forgot
the attack on the science.

579
00:33:51,333 --> 00:33:54,032
♪ To me those balls
are perfect ♪

580
00:33:54,597 --> 00:33:57,165
♪ I can only speak for myself

581
00:33:57,209 --> 00:34:01,561
♪ I don't want anyone touching
the balls, rubbing the balls ♪

582
00:34:01,604 --> 00:34:03,737
♪ To me those balls
are perfect ♪

583
00:34:04,346 --> 00:34:06,653
A guy named Tommy told me
that one of the balls
had a genie in it.

584
00:34:07,262 --> 00:34:09,656
I just take a little bit of
air out of most of them.

585
00:34:09,699 --> 00:34:12,179
Deflated those balls.
Don't believe me go.

586
00:34:12,224 --> 00:34:13,312
I love you, Touchdown Tommy.

587
00:34:15,444 --> 00:34:16,402
It was me.

588
00:34:16,445 --> 00:34:18,926
As brilliant as his counter was,

589
00:34:18,969 --> 00:34:21,536
Dan Goldberg's,
and it was, in my view,

590
00:34:21,581 --> 00:34:26,020
it converted me, but it went on
to characterize the texts,

591
00:34:26,063 --> 00:34:29,937
especially the infamous McNally
calling himself the deflator.

592
00:34:29,980 --> 00:34:32,199
[Jerry]
Couple things about
the deflator text: one,

593
00:34:32,244 --> 00:34:37,987
it was in May of 2014. In the
middle of the lowest part of the

594
00:34:38,032 --> 00:34:43,646
off-season, one idiot sends
a text to some other idiot
calling himself the deflator,

595
00:34:43,690 --> 00:34:46,954
somehow that proves
that Tom Brady conspired

596
00:34:46,996 --> 00:34:50,610
with these guys to take
air out of a football
the following January?

597
00:34:50,652 --> 00:34:53,743
There was no other deflator
text within the--

598
00:34:53,786 --> 00:34:55,876
Right. So, you got May, 2014.

599
00:34:55,918 --> 00:34:58,357
The game is in January, 2015.

600
00:34:59,140 --> 00:35:03,144
There are no deflator text
in the interim,
you know, part of the reason why

601
00:35:03,188 --> 00:35:05,190
we find the deflator text
so meaningful...

602
00:35:06,060 --> 00:35:08,323
is that the name of this
controversy is Deflategate.

603
00:35:09,585 --> 00:35:11,718
Right. It seems like a big deal,

604
00:35:11,761 --> 00:35:13,676
because it's the same word.

605
00:35:13,720 --> 00:35:16,853
Countering that,
counterbalancing that,
in my view...

606
00:35:18,203 --> 00:35:19,639
was the text
that never happened.

607
00:35:21,423 --> 00:35:24,339
That was, if you remember
after the Jets game,

608
00:35:25,035 --> 00:35:27,168
Brady complained about
the footballs,

609
00:35:27,212 --> 00:35:28,169
that they felt like bricks.

610
00:35:29,301 --> 00:35:31,259
And then the next morning...

611
00:35:32,608 --> 00:35:36,177
[Robert] But-- Jastremski,
the equipment manager,
assistant equipment manager

612
00:35:36,221 --> 00:35:38,484
confirms it,
that Brady was right.

613
00:35:38,962 --> 00:35:42,096
Because he measured
the PSI in the footballs

614
00:35:42,140 --> 00:35:43,880
and they were measuring at 16,

615
00:35:44,403 --> 00:35:46,318
which is way
above the legal maximum.

616
00:35:48,102 --> 00:35:51,105
And what's interesting
is in their exchange.

617
00:35:51,149 --> 00:35:53,803
He says, "The refs fucked us."

618
00:35:55,457 --> 00:35:58,460
What he doesn't say
is what's so revealing.

619
00:35:58,504 --> 00:36:02,464
He doesn't say, "Hey, McNally,
buddy boy, do your job."

620
00:36:02,508 --> 00:36:04,814
If there was
an ongoing scheme...

621
00:36:06,251 --> 00:36:10,516
I can't imagine why Jastremski
wouldn't have said to McNally,

622
00:36:11,125 --> 00:36:14,476
"Not the refs fucked us,
but you fucked up."

623
00:36:14,520 --> 00:36:17,392
That's the most persuasive text
in my view. It's a non text.

624
00:36:21,962 --> 00:36:26,488
They've had this sort of series
of public relations

625
00:36:26,532 --> 00:36:30,971
crises in terms of
the domestic violence problem,

626
00:36:31,014 --> 00:36:36,368
that Adrian Peterson video,
you know, the New Orleans Saints
with the Bountygate, that

627
00:36:36,411 --> 00:36:42,722
concussions and
long-term health impacts of
repeated concussions' issue.

628
00:36:42,765 --> 00:36:44,941
[news reporter 1]
The NFL attempted to
derail a concussion

629
00:36:44,985 --> 00:36:47,248
study, according to
a Congressional Report.

630
00:36:47,292 --> 00:36:49,990
[news reporter 2]
A scathing Congressional
Report issued today,

631
00:36:50,033 --> 00:36:52,949
says the NFL improperly
sought to influence

632
00:36:52,993 --> 00:36:55,778
a major Government
research study into the link

633
00:36:55,822 --> 00:36:57,954
between football
and brain disease.

634
00:36:58,607 --> 00:37:02,132
The League did not carry out
its commitment to respect
the science

635
00:37:02,176 --> 00:37:04,047
and prioritize
health and safety.

636
00:37:04,091 --> 00:37:07,181
[George]
DeMaurice Smith was
elected Executive Director

637
00:37:07,225 --> 00:37:08,835
of the NFLPA in 2009.

638
00:37:08,878 --> 00:37:10,619
One of the first...

639
00:37:11,620 --> 00:37:15,624
things that we started
to recognize

640
00:37:15,668 --> 00:37:20,150
and he really started
to realize then, was this

641
00:37:20,194 --> 00:37:23,415
shady science around
the issue of concussions.

642
00:37:24,546 --> 00:37:29,943
The NFL has been
accused of not turning over

643
00:37:29,986 --> 00:37:33,468
all relevant information
related to concussions.

644
00:37:33,512 --> 00:37:39,866
And of course there was
the scientific finding of CTE
as a neurological condition.

645
00:37:39,909 --> 00:37:43,957
And for many it started
to draw an eerie parallel

646
00:37:44,479 --> 00:37:47,047
to another industry,
the tobacco industry.

647
00:37:47,090 --> 00:37:49,397
[Robert]
This may be the whole
explanation for Deflategate.

648
00:37:49,441 --> 00:37:52,574
I'd sometimes believe that
Deflategate was something that

649
00:37:52,618 --> 00:37:57,057
the NFL was delighted about,
because it diverted attention

650
00:37:57,100 --> 00:38:00,321
from their existential threat,
which is CTE,

651
00:38:00,365 --> 00:38:02,323
which is the brain damage.

652
00:38:02,367 --> 00:38:06,240
The evidence for which is now
overwhelming and irrefutable.

653
00:38:06,284 --> 00:38:08,634
It faces an existential
crisis right now.

654
00:38:08,677 --> 00:38:10,418
Recent research

655
00:38:10,462 --> 00:38:13,073
has revealed beyond any doubt,

656
00:38:13,116 --> 00:38:15,815
of course, that it causes
brain damage and has in--

657
00:38:15,858 --> 00:38:20,167
in more than 110 autopsies.

658
00:38:20,210 --> 00:38:23,257
Now, these weren't randomly
selected. They were of play--

659
00:38:23,301 --> 00:38:25,477
former players who had
shown signs of dementia.

660
00:38:26,391 --> 00:38:28,697
Some of whom had
committed suicide, etc.

661
00:38:28,741 --> 00:38:33,354
And now the most recent research
is showing not only college
football players

662
00:38:33,398 --> 00:38:36,923
and high school football
players, but Pop Warner League,
youth football players.

663
00:38:36,966 --> 00:38:42,363
We had some concerns about,
in particular, the way that
they were engaged

664
00:38:42,407 --> 00:38:44,974
with one. Dr. Bennet Omalu,
for example,

665
00:38:45,018 --> 00:38:47,847
whose studies were
not just ignored,

666
00:38:47,890 --> 00:38:50,110
but they were actively
suppressed.

667
00:38:50,632 --> 00:38:54,897
By a group of quote-unquote
doctors at the League office

668
00:38:54,941 --> 00:38:57,291
who were not interested
in the truth.

669
00:38:58,205 --> 00:39:00,773
At war with one of the biggest
corporations in the world.

670
00:39:00,816 --> 00:39:01,948
Bennet!

671
00:39:01,991 --> 00:39:04,211
[dramatic music]

672
00:39:04,254 --> 00:39:06,169
There was a rheumatologist
named Elliot Pellman,

673
00:39:06,213 --> 00:39:08,520
who was the team doctor for
the Jets for many years,

674
00:39:08,563 --> 00:39:12,350
who was placed on
the NFL's concussion board,

675
00:39:12,393 --> 00:39:14,700
someone who didn't have
any experience in head trauma,

676
00:39:14,743 --> 00:39:17,006
but had a lot of experience
in protecting

677
00:39:17,050 --> 00:39:18,791
teams and in protecting
the League.

678
00:39:18,834 --> 00:39:22,055
You maybe know that if a player

679
00:39:22,098 --> 00:39:24,013
gets hit in the head, he's got
to go through the protocols.

680
00:39:24,057 --> 00:39:26,625
Well, we advocated for that.

681
00:39:26,668 --> 00:39:28,583
[Michael]
It eventually led to

682
00:39:28,627 --> 00:39:31,107
a series of lawsuits
against the NFL

683
00:39:31,151 --> 00:39:32,631
brought by retired players.

684
00:39:32,674 --> 00:39:35,198
The Union agreed to

685
00:39:35,242 --> 00:39:38,288
having players arbitrate
their health plans

686
00:39:38,332 --> 00:39:40,290
before they can go to court.

687
00:39:40,334 --> 00:39:43,424
And that ends up being
a major reason

688
00:39:43,903 --> 00:39:46,558
why the players
accepted a settlement
in the concussion litigation.

689
00:39:46,601 --> 00:39:50,170
That a lot of people
would say isn't enough,
because had they gone

690
00:39:50,213 --> 00:39:52,651
to court, had they rejected the
settlement and gone to court,

691
00:39:52,694 --> 00:39:54,304
there's a really good chance
they would have lost.

692
00:39:54,348 --> 00:39:57,177
We've had some tough cases
over the last few years

693
00:39:57,220 --> 00:39:59,179
to defend publicly.

694
00:39:59,222 --> 00:40:03,357
Dog-fighting, gambling, uh,
issues of bullying,

695
00:40:03,401 --> 00:40:06,316
drug abuse,
spousal abuse, child abuse.

696
00:40:06,360 --> 00:40:09,450
I mean, a lot of the players
have been in a lot of hot water.

697
00:40:09,494 --> 00:40:11,452
Collective bargaining
is effective

698
00:40:11,496 --> 00:40:14,803
because both
parties understand...

699
00:40:15,717 --> 00:40:17,458
what the agreement says.

700
00:40:18,938 --> 00:40:22,332
The language is jointly

701
00:40:23,246 --> 00:40:28,164
worked on, it's jointly agreed
upon and it's fully transparent.

702
00:40:28,208 --> 00:40:31,864
The NFL has been criticized
for being inconsistent

703
00:40:31,907 --> 00:40:35,476
about how it treats
and punishes players

704
00:40:35,520 --> 00:40:40,612
that have been
accused of committing some
type of domestic violence act.

705
00:40:40,655 --> 00:40:44,006
And this traces back
to various points,

706
00:40:44,050 --> 00:40:46,966
but one of them would be
the Ray Rice controversy.

707
00:40:47,009 --> 00:40:51,492
In 2014, Ray Rice was caught

708
00:40:51,536 --> 00:40:54,364
on film inside an elevator

709
00:40:54,408 --> 00:40:57,367
in Atlantic City punching
his then-girlfriend,

710
00:40:57,411 --> 00:40:59,239
Janay Palmer, in the face.

711
00:40:59,282 --> 00:41:01,720
She was knocked out
and then he dragged

712
00:41:01,763 --> 00:41:04,374
her body, unconscious body
out of the elevator.

713
00:41:04,418 --> 00:41:07,508
And the first reaction
that you have when you see

714
00:41:07,552 --> 00:41:09,989
the video play out is,
"This is shocking."

715
00:41:10,032 --> 00:41:13,471
The facts of what had happened

716
00:41:13,514 --> 00:41:15,995
had already been spelled out in
a police report that came out in

717
00:41:16,038 --> 00:41:18,258
April of that year,
but it wasn't until September

718
00:41:18,301 --> 00:41:19,825
that the video was released.

719
00:41:19,868 --> 00:41:23,219
And when the video was
released, there was outrage.

720
00:41:23,263 --> 00:41:27,180
How is it that this player
could knock out a woman

721
00:41:27,223 --> 00:41:28,964
and get two games
as a suspension.

722
00:41:29,008 --> 00:41:33,534
Now, two games was the usual
kind of suspension for this.

723
00:41:33,578 --> 00:41:36,276
But to see it was a completely
different thing for people.

724
00:41:36,319 --> 00:41:38,408
There were sponsors that
threatened to pull money.

725
00:41:38,452 --> 00:41:41,281
I mean, Budweiser and Pepsi
came out

726
00:41:41,324 --> 00:41:43,936
and issued public statements
saying that

727
00:41:43,979 --> 00:41:45,851
the NFL needs to get--
get its house in order.

728
00:41:45,894 --> 00:41:48,462
You have a beer company coming
out and saying that

729
00:41:48,506 --> 00:41:52,248
the NFL needs to get its house
in order on this issue.

730
00:41:52,292 --> 00:41:57,558
And so, the NFL had to listen,
because here's this whole
pool of revenue

731
00:41:57,602 --> 00:42:01,127
that's threatening to go away
if they can't address
this issue.

732
00:42:01,170 --> 00:42:04,347
Our Union is there
to make sure that the process

733
00:42:04,391 --> 00:42:07,394
of the CBA
is adhered to properly,

734
00:42:07,437 --> 00:42:09,657
that they have their
full set of rights.

735
00:42:10,310 --> 00:42:14,401
Um, not for the end result
of trying to get their
fine reduced,

736
00:42:14,836 --> 00:42:18,579
but to make sure that they've
had their fair due process

737
00:42:18,623 --> 00:42:20,842
from the time they get
the disciplinary letter,

738
00:42:20,886 --> 00:42:24,237
to the time that that
incident gets adjudicated.

739
00:42:24,280 --> 00:42:28,067
Roger Goodell
handled it appropriately,

740
00:42:28,110 --> 00:42:32,854
because he turned
a two-game suspension
into an indefinite suspension.

741
00:42:33,507 --> 00:42:36,162
So, he basically double
punished Ray Rice.

742
00:42:36,205 --> 00:42:39,774
The NFL sort of ignored
what the collective bargaining

743
00:42:39,818 --> 00:42:44,257
agreement had said about
how to manage these cases.

744
00:42:44,300 --> 00:42:48,522
Again, not focusing
on the conduct,

745
00:42:48,957 --> 00:42:55,094
but focusing on the precedent
and the contract that we have
with the leak.

746
00:42:55,573 --> 00:43:00,229
So, we step in,
we file a grievance on
the player's behalf.

747
00:43:00,273 --> 00:43:04,364
We challenge, um,
the indefinite suspension

748
00:43:04,407 --> 00:43:08,803
and the second, um,
wave of discipline

749
00:43:08,847 --> 00:43:10,675
that the League office
imposed on Ray.

750
00:43:10,718 --> 00:43:13,373
Ray Rice was guilty
of domestic violence.

751
00:43:13,416 --> 00:43:17,943
Everyone knows it,
a video shows it, he went
through the legal system.

752
00:43:18,552 --> 00:43:21,860
And yet, he still won
his appeal with the NFL.

753
00:43:22,556 --> 00:43:25,864
and that's because the NFL
made a procedural mistake.

754
00:43:25,907 --> 00:43:28,954
It punished him twice
for the same thing.

755
00:43:28,997 --> 00:43:30,477
And you can't do that
in the NFL.

756
00:43:30,520 --> 00:43:32,653
There's a rule under Article 46

757
00:43:32,697 --> 00:43:34,916
that forbids double punishment.

758
00:43:34,960 --> 00:43:41,793
We won that case
because the NFL acted
unilaterally and ignored,

759
00:43:42,576 --> 00:43:46,275
um, the binding principles,

760
00:43:46,319 --> 00:43:49,452
um, we have in our collective
bargaining agreement.

761
00:43:49,975 --> 00:43:52,064
Now, why do you think Goodell
dragged this out so much?

762
00:43:52,107 --> 00:43:53,892
Roger Goodell's kind of
in a tough situation

763
00:43:53,935 --> 00:43:55,545
with some of the suspensions
he made in the past.

764
00:43:55,589 --> 00:43:58,940
So, basically you just
suspend the most hated player.

765
00:43:58,984 --> 00:44:01,769
You get some more fan support,
some ownership support.

766
00:44:01,813 --> 00:44:04,554
Context matters. This follows...

767
00:44:06,208 --> 00:44:09,168
Goodell losing
the Ray Rice case,

768
00:44:09,211 --> 00:44:14,477
this follows Goodell being
rejected, repudiated

769
00:44:14,521 --> 00:44:17,002
by his old boss, Paul Tagliabue,

770
00:44:17,045 --> 00:44:22,050
who ruled that the suspensions
again Saints players, including
Jonathan Vilma,

771
00:44:22,094 --> 00:44:26,751
in the Bountygate controversy,
were not appropriate.

772
00:44:26,794 --> 00:44:30,929
So, I think at this point
Goodell thought,
"I need to really show

773
00:44:30,972 --> 00:44:36,064
that I'm in control,
that I'm able to execute
a function of my job.

774
00:44:36,717 --> 00:44:38,719
And one of those functions
is player discipline.

775
00:44:39,415 --> 00:44:43,681
So I think Goodell
probably viewed this
as an opportunity to say,

776
00:44:43,724 --> 00:44:46,292
"I'm going to tell the world.
I'm actually in charge."

777
00:44:46,335 --> 00:44:50,122
Roger Goodell is a guy
who has lied to the world

778
00:44:50,165 --> 00:44:54,169
about wife-beaters. He's lied
to the world about concussions,

779
00:44:54,213 --> 00:44:57,390
and yet somehow he comes up with
this stupid Deflategate thing

780
00:44:57,433 --> 00:44:59,435
that doesn't add up,
and the whole world goes,

781
00:44:59,479 --> 00:45:01,568
"Well, he's got to be telling
the truth this time."

782
00:45:01,611 --> 00:45:05,050
You know, they're a motivated
actor managing a brand worth
billions of dollars.

783
00:45:05,093 --> 00:45:07,879
They know attentional
space is finite.

784
00:45:08,836 --> 00:45:11,186
There's been a lot of
negative information,

785
00:45:11,230 --> 00:45:15,016
a lot of negative attention,

786
00:45:15,060 --> 00:45:17,236
you know, scapegoating
is a strategy

787
00:45:17,279 --> 00:45:19,804
as old as human history, right?

788
00:45:19,847 --> 00:45:25,287
If you can, sort of,
direct that negative attention
at a particular individual,

789
00:45:25,331 --> 00:45:29,422
uh, that's-- that can often be
a way to take it off of
the larger organization

790
00:45:29,465 --> 00:45:30,902
or the brand.

791
00:45:30,945 --> 00:45:33,905
Um, so, I think that
holds some sway.

792
00:45:34,993 --> 00:45:37,735
Okay, and why do you think
Goodell dragged
the issue out so much?

793
00:45:38,213 --> 00:45:40,172
I think to deface the Patriots.

794
00:45:40,215 --> 00:45:43,175
I think they've been
such a, um, a strong

795
00:45:43,218 --> 00:45:47,657
franchise for so long,
and I think other owners
and other teams are jealous.

796
00:45:47,701 --> 00:45:52,010
This business of leveling the
playing field in the NFL has
been pretty effective

797
00:45:52,053 --> 00:45:56,449
for the most part. Teams are
able to build fast and, you
know, when they get successful

798
00:45:56,492 --> 00:46:00,148
it's hard to stay on top.
And the Patriots have been
the outlier.

799
00:46:00,192 --> 00:46:06,372
The Patriots' consistent
victories over the 15 years
were very bad for business.

800
00:46:07,329 --> 00:46:11,725
They obscured two larger
markets, New York and Miami.

801
00:46:11,769 --> 00:46:14,902
They essentially--
Brady's continuous stardom...

802
00:46:16,208 --> 00:46:18,863
eclipsed otherwise rising stars.

803
00:46:18,906 --> 00:46:22,910
Belichick created this template
for sustained success.

804
00:46:22,954 --> 00:46:26,566
And it's not about spending
a ton of money on a few
superstars.

805
00:46:26,609 --> 00:46:30,875
It's about building this deep
middle class on the team.

806
00:46:30,918 --> 00:46:33,703
Part of the reason
he's been able to maintain that

807
00:46:33,747 --> 00:46:38,665
is because Brady hasn't
held them financially
over a barrel.

808
00:46:38,708 --> 00:46:41,189
Why do you think Goodell
dragged the issue out so much?

809
00:46:42,277 --> 00:46:44,976
Um, to tell you the truth,
I think it was

810
00:46:45,628 --> 00:46:48,762
a lot to do with
the previous scandal in, um,

811
00:46:48,806 --> 00:46:52,374
how they were spying
in the Super Bowl. And he kind
of wanted to send a message

812
00:46:52,418 --> 00:46:55,508
with this to all the other
owners, that the Patriots,

813
00:46:55,551 --> 00:46:57,684
if they get caught
with anything else...

814
00:46:58,554 --> 00:47:01,819
then he's really gonna
throw the hammer down on them.
And I think he did.

815
00:47:02,384 --> 00:47:04,996
Maybe one interpretation
of Deflategate is that
the whole thing

816
00:47:05,039 --> 00:47:06,954
may be understood
as a makeup call.

817
00:47:06,998 --> 00:47:11,524
There were a couple of really
powerful long-form pieces.

818
00:47:12,307 --> 00:47:15,876
Most notably ESPN,
the Magazine's piece

819
00:47:15,920 --> 00:47:18,139
with Don Van Natta
and Seth Wickersham.

820
00:47:18,183 --> 00:47:21,403
ESPN is now reporting
that the scandal
and the drama that ensued

821
00:47:21,447 --> 00:47:23,623
was deeply intertwined
with Spygate.

822
00:47:23,666 --> 00:47:27,409
You asked at the-- at the
outset, "Well, what motivated--
what got this started?"

823
00:47:27,453 --> 00:47:32,153
And I think, after the game
itself, certain League
officials were already

824
00:47:32,197 --> 00:47:33,938
saying to the Patriots,

825
00:47:33,981 --> 00:47:36,070
"Oh, you're in trouble,
you've been cheating."

826
00:47:36,114 --> 00:47:39,595
Then they hire investigators
and they pay millions
of dollars to them.

827
00:47:40,379 --> 00:47:44,731
There's almost becomes a certain
inevitability that they better
find something went on

828
00:47:44,774 --> 00:47:46,951
that was amiss here. Otherwise,
they're going to look foolish.

829
00:47:52,347 --> 00:47:56,612
"What does this have to do with
football?" That's an obvious

830
00:47:56,656 --> 00:47:58,136
and awful question.

831
00:47:59,137 --> 00:48:01,704
First, you know,
I live outside of Baltimore.

832
00:48:02,270 --> 00:48:06,231
I have lots of friends
in New England that are
die hard Patriots fans.

833
00:48:06,274 --> 00:48:11,497
And my brother-in-law is
a die-hard Patriots fan,
and it drives me insane.

834
00:48:11,540 --> 00:48:16,458
All right? I'm a casual observer
of NFL football

835
00:48:16,502 --> 00:48:18,808
and I despise the Patriots,

836
00:48:18,852 --> 00:48:22,812
and I really don't watch
a lot of football, but, boy,
I just can't stand them.

837
00:48:22,856 --> 00:48:27,165
But I'll tell you,
when the whole scandal came out,

838
00:48:27,208 --> 00:48:31,038
my initial response was,
"Oh, great. They finally
caught them cheating."

839
00:48:31,082 --> 00:48:36,304
And then I see that the report
is authored by Exponent.

840
00:48:36,914 --> 00:48:42,093
And my conclusion,
immediately, without ever
having read it was,

841
00:48:42,136 --> 00:48:45,879
if they had to go to Exponent.
They must really not have
a whole lot of evidence.

842
00:48:45,923 --> 00:48:52,494
As somebody that-- that has
spent the better part of
two decades, um, addressing...

843
00:48:53,582 --> 00:48:58,109
science for hire,
and coming across the same
organizations over and over...

844
00:48:58,848 --> 00:49:03,375
I found it extremely interesting

845
00:49:03,418 --> 00:49:08,032
that the NFL chose Exponent,
uh, to write the report

846
00:49:08,075 --> 00:49:12,123
and that they didn't go to one
of the academics that then
subsequently lined up

847
00:49:12,166 --> 00:49:13,863
to criticize
the Exponent report.

848
00:49:14,386 --> 00:49:18,129
what it provides us with
is an excellent opportunity

849
00:49:18,172 --> 00:49:22,307
for anybody that
likes football, right?

850
00:49:22,350 --> 00:49:29,053
To have a little peek under
the covers as to the incredibly
vast and wide

851
00:49:29,096 --> 00:49:33,057
reaching influence of science
for hire in our society.

852
00:49:33,100 --> 00:49:37,539
I mean, this isn't just
scientists disputing the link

853
00:49:37,583 --> 00:49:41,282
between chromium 6 pollution
in Hinkley, California,

854
00:49:41,326 --> 00:49:44,720
which was the subject of
the Erin Brockovich movie,
which is actually based

855
00:49:44,764 --> 00:49:47,027
on a real lawsuit, right?

856
00:49:47,071 --> 00:49:52,467
It's not just about people
who are exposed
to asbestos decades ago.

857
00:49:52,511 --> 00:49:57,995
Anybody who likes nachos and
beer and likes to watch the NFL,

858
00:49:58,038 --> 00:50:03,913
can look at this and say this is
a railroad job, you know,
this isn't science.

859
00:50:03,957 --> 00:50:09,832
And this is affecting now,
you know, with all apologies to
baseball, our national pastime.

860
00:50:09,876 --> 00:50:14,141
So whether you like
the Patriots and you're pissed
off that Brady had to sit

861
00:50:14,185 --> 00:50:17,362
out a bunch of games, or whether
you hate them and you thought,

862
00:50:17,405 --> 00:50:21,018
"Well, they're going to get
theirs now." Your life has now
been affected by this,

863
00:50:21,061 --> 00:50:22,758
in a way that's concrete.

864
00:50:24,238 --> 00:50:26,719
[Jim]
Houston has a lot of oil
refineries and chemical plants,

865
00:50:26,762 --> 00:50:29,417
if you've ever been there.
It's a huge industrial complex.

866
00:50:29,983 --> 00:50:33,160
So when I was there in the '90s,
I got really interested in this

867
00:50:33,204 --> 00:50:37,817
'cause I felt that a lot of
these workers were sort of
being, you know, forgotten.

868
00:50:37,860 --> 00:50:41,864
They would put in 20, 30
years at some oil refinery

869
00:50:41,908 --> 00:50:45,085
or some petrochemical plant
and then they'd get leukemia

870
00:50:45,129 --> 00:50:47,696
or they'd get some other
cancer that was known

871
00:50:47,740 --> 00:50:52,310
to be caused by chemical--
chemical exposure,
and they would die at 55

872
00:50:52,353 --> 00:50:56,575
Or die at 60, you know,
having been loyal to their
company for all those decades.

873
00:50:57,228 --> 00:51:00,100
And nobody seemed to really,
you know, care about
these people.

874
00:51:00,144 --> 00:51:02,755
So, that's when I started
to get interested in this.

875
00:51:02,798 --> 00:51:05,801
We've won probably
three dozen awards

876
00:51:05,845 --> 00:51:08,804
on my team since
I came back here in 2010.

877
00:51:09,327 --> 00:51:13,200
And so just a sort of general
knowledge of how things worked

878
00:51:13,244 --> 00:51:16,725
led me to a story about
how Ford Motor Company,

879
00:51:17,248 --> 00:51:22,296
uh, which like a lot of--
which like all the major
car manufacturers

880
00:51:22,340 --> 00:51:25,604
used asbestos brakes
for many, many years,

881
00:51:25,647 --> 00:51:27,910
well into the--
I think '80s and '90s.

882
00:51:27,954 --> 00:51:31,740
Unbeknownst to most of us
in our-- in our--
in our country,

883
00:51:31,784 --> 00:51:33,568
there is an enormous industry.

884
00:51:33,612 --> 00:51:36,354
I would refer to it
as product defense science.

885
00:51:36,397 --> 00:51:41,794
The example most people are
familiar with is the toba--
the tobacco industry's efforts

886
00:51:41,837 --> 00:51:46,320
to create doubt regarding
the nature and extent of
the dangers of cigarettes.

887
00:51:48,105 --> 00:51:50,803
I believe that nicotine
is not addictive.

888
00:51:51,456 --> 00:51:54,154
And I too believe that
nicotine is not addictive.

889
00:51:54,198 --> 00:51:56,113
Company X makes
a certain product.

890
00:51:56,156 --> 00:51:59,246
Let's say a chemical,
it's being sued.

891
00:51:59,855 --> 00:52:04,164
It's being hit with a lot of
lawsuits from workers
or consumers or whatever.

892
00:52:04,208 --> 00:52:08,299
Or, uh, its product
is being looked at
for stricter regulation

893
00:52:08,342 --> 00:52:11,171
or even banning by the EPA

894
00:52:11,215 --> 00:52:13,652
or the FDA or the consumer
product safety commission.

895
00:52:13,695 --> 00:52:16,698
I need to have experts,
I need to have expert
witnesses in court.

896
00:52:16,742 --> 00:52:19,223
I need to have expert
witnesses who can
give depositions

897
00:52:19,266 --> 00:52:22,008
or testify before the EPA.

898
00:52:22,051 --> 00:52:25,490
And it's sort of the--
in my opinion,
the reverse scientific method,

899
00:52:25,533 --> 00:52:28,580
scientists following the
scientific method come up with

900
00:52:28,623 --> 00:52:32,540
a hypothesis, they collect
all the data and they see
where the data leads.

901
00:52:32,584 --> 00:52:33,889
Science for hire...

902
00:52:35,152 --> 00:52:36,588
does the reverse of that.

903
00:52:38,242 --> 00:52:40,896
There's a preordained conclusion
that they're hoping to get to,

904
00:52:41,375 --> 00:52:44,378
they then assemble
the information in the way that

905
00:52:44,422 --> 00:52:48,556
supports that conclusion
and figure out ways
to explain away the evidence

906
00:52:48,600 --> 00:52:50,297
that doesn't support
the conclusion.

907
00:52:50,341 --> 00:52:53,518
In doing that,
they can follow...

908
00:52:55,346 --> 00:52:58,175
scientific methods
throughout the process

909
00:52:58,784 --> 00:53:01,874
and yet guarantee a result
that favors the patron.

910
00:53:01,917 --> 00:53:05,094
I'm going to go to Exponent.
I'm going to go to Chem Risk.

911
00:53:05,138 --> 00:53:08,924
I'm going to go to Gradient
because, frankly, I know
what I'm going to get.

912
00:53:08,968 --> 00:53:10,665
There aren't going
to be any surprises.

913
00:53:10,709 --> 00:53:12,493
You know, I'm not going to have

914
00:53:12,537 --> 00:53:15,192
a scientist come back to me
six months later and say,

915
00:53:15,235 --> 00:53:18,064
"Oh, I'm sorry, but your product
really does cause cancer."

916
00:53:18,107 --> 00:53:21,328
But this is happening
not just with tobacco,
it's happening with asbestos,

917
00:53:21,372 --> 00:53:24,679
with pesticides, with lead,
with petroleum products,

918
00:53:24,723 --> 00:53:27,943
with petroleum additives,
with plastics,

919
00:53:27,987 --> 00:53:32,383
you name it. If there are
concerns about health hazards,

920
00:53:32,426 --> 00:53:36,778
there are scientists who are
being hired by the industries,
creating or using

921
00:53:36,822 --> 00:53:40,391
those health hazards,
that have been hired
to minimize those dangers.

922
00:53:40,434 --> 00:53:43,524
And-- and that's what I would
refer to as science for hire.

923
00:53:43,568 --> 00:53:48,181
If you're the power industry
and people are concerned about
particulate emissions

924
00:53:48,225 --> 00:53:50,966
from smokestacks,
from power plants causing asthma

925
00:53:51,010 --> 00:53:53,708
or respiratory problems
downwind of the power plants.

926
00:53:53,752 --> 00:53:56,711
You can go and you can find
papers that have been written by

927
00:53:56,755 --> 00:54:01,238
scientists hired by the power
industry to dispute those
links, right.

928
00:54:01,281 --> 00:54:05,111
If the question is pesticides
and Parkinson's disease,

929
00:54:05,154 --> 00:54:07,853
you can go and you can find
scientists that have been hired

930
00:54:07,896 --> 00:54:12,118
to write papers that either
minimize the risks

931
00:54:12,161 --> 00:54:16,165
or that say the existing
science is, for one reason
or the other, flawed.

932
00:54:16,209 --> 00:54:17,732
I'm an asbestos lawyer.

933
00:54:17,776 --> 00:54:20,126
But when I see
the same names popping up

934
00:54:20,169 --> 00:54:24,565
on papers about arsenic
and pesticides and lead

935
00:54:24,609 --> 00:54:30,615
and lead paint in toys
and chromium and all
of these other products.

936
00:54:30,658 --> 00:54:35,054
And the papers seem to
uniformly come to the conclusion

937
00:54:35,097 --> 00:54:37,970
that none of these things
are causing anybody to get sick,

938
00:54:38,013 --> 00:54:40,015
or that there's not
sufficient scientific

939
00:54:40,059 --> 00:54:42,583
evidence to show that
anybody is getting sick,

940
00:54:42,627 --> 00:54:45,673
which sounds a lot like
the tobacco industry
talking to Congress.

941
00:54:45,717 --> 00:54:49,895
You see a lot of smoke, and--
and generally, where there's
smoke, there's fire.

942
00:54:49,938 --> 00:54:55,292
The NFL sort of has this kind
of blanket denial or minimizing

943
00:54:55,335 --> 00:54:58,643
of, uh, the fact that there
may be this, you know, link.

944
00:54:58,686 --> 00:55:03,561
And it sort of reminds me
of the tobacco companies

945
00:55:03,604 --> 00:55:07,347
of pre-'90s when they kept
saying, "No, there's no link

946
00:55:07,391 --> 00:55:11,351
between smoking
and damage to your health
or ill health effects."

947
00:55:11,395 --> 00:55:14,833
I do believe that we have
embraced, uh, the research,

948
00:55:14,876 --> 00:55:18,271
uh, the medical study of
this issue, as you point out.

949
00:55:18,315 --> 00:55:21,666
You're talking about one study
and that's the NFL study.

950
00:55:21,709 --> 00:55:23,537
You're not talking about
the independent studies

951
00:55:23,581 --> 00:55:26,061
that have been conducted
by other researchers.

952
00:55:26,932 --> 00:55:30,196
The whole aim, I think,
is to get this,

953
00:55:30,239 --> 00:55:32,459
you know--
is to not only testify,

954
00:55:32,503 --> 00:55:35,288
but the key seems
to be publishing,

955
00:55:35,332 --> 00:55:38,857
getting-- getting a paper in
a peer-reviewed journal.

956
00:55:38,900 --> 00:55:42,077
Peer review simply means that
when the paper is submitted

957
00:55:42,121 --> 00:55:44,993
to one of these scientific
journals, the journal
sends it out

958
00:55:45,037 --> 00:55:47,474
to other scientists who are
not authors on the paper.

959
00:55:48,083 --> 00:55:50,999
They review the paper.
They'll make recommendations
to the journal,

960
00:55:51,043 --> 00:55:54,089
that whether the journal
should accept the paper
for publication,

961
00:55:54,133 --> 00:55:56,744
and if they do recommend
that it be published,

962
00:55:56,788 --> 00:56:00,052
they will often make editorial
comments and say, "Well, this
part of the paper is weak

963
00:56:00,095 --> 00:56:03,621
and needs more support"
or "Some proposition over here
doesn't make sense."

964
00:56:03,664 --> 00:56:06,406
Peer-reviewed scientific papers

965
00:56:06,450 --> 00:56:09,496
get extra weight in courtrooms,
because they've gone through
that process.

966
00:56:09,540 --> 00:56:13,413
About a year ago,
one of my reporters
focused on two journals

967
00:56:13,457 --> 00:56:18,026
that are known to publish a lot
of corporate funded studies.

968
00:56:18,505 --> 00:56:21,029
One is called Critical
Reviews in Toxicology.

969
00:56:21,073 --> 00:56:24,642
The other is called Regulatory
Toxicology and Pharmacology.

970
00:56:24,685 --> 00:56:30,038
About half of all the articles
written by scientists with
the consulting firm, Gradient,

971
00:56:30,082 --> 00:56:32,432
which is one of these firms
we've been talking about,

972
00:56:32,476 --> 00:56:34,869
appeared in one
of those two journals.

973
00:56:34,913 --> 00:56:38,438
So, it's just, there are certain
journals that are known

974
00:56:38,482 --> 00:56:42,181
to publish this sort of science.
Until the '90s Exponent,

975
00:56:42,224 --> 00:56:45,576
it was known as
Failure Analysis Associates,

976
00:56:45,619 --> 00:56:48,535
but I think it was
only after, uh,

977
00:56:48,579 --> 00:56:51,451
say, beginning of the late
'90s going up to the present,

978
00:56:51,495 --> 00:56:54,759
that Exponent as we now know it,
really made its name

979
00:56:54,802 --> 00:57:00,591
defending everybody from,
you know, Toyota in the sudden
acceleration cases,

980
00:57:01,243 --> 00:57:05,422
to General Motors, to some
of the stuff we wrote about

981
00:57:05,465 --> 00:57:08,773
asbestos litigation.
Pretty much, you name it,
they've been involved in.

982
00:57:08,816 --> 00:57:13,995
Ford Motor Company was being
sued regularly and was
losing lawsuits

983
00:57:14,039 --> 00:57:17,521
alleging that asbestos,
Ford had used in its brakes

984
00:57:18,217 --> 00:57:21,307
uh, had made people sick with
a disease called mesothelioma,

985
00:57:21,350 --> 00:57:24,571
which is a very deadly
and rare cancer.

986
00:57:24,615 --> 00:57:28,967
There really is no other way to
get mesothelioma, except to be
exposed to asbestos.

987
00:57:29,010 --> 00:57:31,926
Its-- there's just
a rock-solid length between

988
00:57:31,970 --> 00:57:34,494
asbestos exposure
and mesothelioma.

989
00:57:34,538 --> 00:57:37,628
[Jonathan]
One of the companies that we
come across on a regular basis,

990
00:57:37,671 --> 00:57:42,023
and that was hired by
The Big Three automakers
in the early 2000s

991
00:57:42,067 --> 00:57:44,461
to write a series
of papers about

992
00:57:44,504 --> 00:57:48,377
asbestos in car parts, is this
company called Exponent.

993
00:57:48,421 --> 00:57:51,598
[Jim]
40 million dollars later
and 15 years later,

994
00:57:52,077 --> 00:57:54,732
we now have all
this science out there.

995
00:57:54,775 --> 00:57:58,257
Much of which is published
in peer-reviewed journals,

996
00:57:58,300 --> 00:58:01,739
that says, "Well, maybe--
maybe asbestos isn't

997
00:58:01,782 --> 00:58:05,090
mas tightly linked to
mesothelioma as we thought.

998
00:58:05,133 --> 00:58:08,267
So again, it's all about raising
doubt, raising questions.

999
00:58:08,310 --> 00:58:10,617
Ford and its lawyers
can come into court

1000
00:58:10,661 --> 00:58:14,752
and they can cite
and attempt to rely upon
the work that was

1001
00:58:14,795 --> 00:58:18,973
done by the scientists
at Exponent and ChemRisk,
they hired.

1002
00:58:19,017 --> 00:58:21,541
[Jim]
Scientists with firms
like Exponent will tell you,

1003
00:58:21,585 --> 00:58:24,588
when you talk to them,
they're completely free
to publish their work

1004
00:58:24,631 --> 00:58:27,199
in Scientific journals,
they make the call.

1005
00:58:27,242 --> 00:58:30,550
What we found is that,
at least in some cases,

1006
00:58:30,594 --> 00:58:33,335
corporations or more likely
their lawyers,

1007
00:58:33,379 --> 00:58:36,904
have a strong influence
over what gets published
or doesn't get published.

1008
00:58:41,474 --> 00:58:45,130
It's the framing of
the question, really, that is

1009
00:58:45,173 --> 00:58:48,437
one of the signature moves
of doubt science.

1010
00:58:48,481 --> 00:58:51,440
So the scientists and the
lawyers can work together

1011
00:58:51,484 --> 00:58:54,574
to decide what question
they're going to answer.

1012
00:58:54,618 --> 00:58:57,882
Then very carefully keep
the question and the inquiry

1013
00:58:57,925 --> 00:59:02,190
to that narrow,
preordained result.

1014
00:59:02,234 --> 00:59:04,889
The balls had to be--
started at 12 and a half
for the Patriots,

1015
00:59:04,932 --> 00:59:10,590
and then they fell to 11.3.
The Colts started at 13
and they fell to 12.5.

1016
00:59:10,634 --> 00:59:14,028
And it's this difference, the
difference of the differences,

1017
00:59:14,072 --> 00:59:17,205
is the sort of the incriminating
thing against the Patriots.

1018
00:59:17,249 --> 00:59:20,513
How did this happen? The Pats'
balls match the prediction...

1019
00:59:21,427 --> 00:59:22,994
The Colts' balls
are the ones that don't.

1020
00:59:23,037 --> 00:59:25,649
Instead of asking why
the Pats' balls were too low,

1021
00:59:25,692 --> 00:59:27,694
the question is, why were
the Colts' balls too high?

1022
00:59:29,870 --> 00:59:31,350
[class chuckles]

1023
00:59:31,393 --> 00:59:33,047
Okay. You get it?

1024
00:59:37,008 --> 00:59:41,142
Manipulation of the control
group is, you know,
a classic example

1025
00:59:41,186 --> 00:59:45,364
of how you can manipulate data
without manipulating
the data, right?

1026
00:59:45,407 --> 00:59:48,367
You can manipulate
the conclusion of the paper

1027
00:59:48,410 --> 00:59:51,370
without manipulating
the data, because if you

1028
00:59:51,413 --> 00:59:56,810
compare the--
the study subjects in question,

1029
00:59:56,854 --> 01:00:01,380
to an inappropriate control, you
can either make a result appear

1030
01:00:01,423 --> 01:00:03,600
or make it disappear
depending on what's important.

1031
01:00:03,643 --> 01:00:05,950
That happened with
the asbestos industry,

1032
01:00:05,993 --> 01:00:09,649
uh, in the 1950s,
with respect to lung cancer

1033
01:00:09,693 --> 01:00:13,261
and asbestos exposure.
By choosing

1034
01:00:13,305 --> 01:00:15,307
an inappropriate control group,

1035
01:00:15,350 --> 01:00:18,092
the statistical increase in lung
cancer was able to be hidden.

1036
01:00:18,136 --> 01:00:20,442
They made some very
large assumptions,

1037
01:00:20,486 --> 01:00:22,880
uh, the biggest assumption
they made was that
the Colts' ball

1038
01:00:22,923 --> 01:00:25,317
acted as a control
for the experiment.

1039
01:00:25,360 --> 01:00:27,928
Um, and I think that's
completely, uh, inaccurate

1040
01:00:27,972 --> 01:00:30,061
or at least there's
no way to know that,
that's a large assumption.

1041
01:00:30,104 --> 01:00:32,759
The League had this, in my
opinion, convoluted analysis

1042
01:00:32,803 --> 01:00:35,283
where they said the Colts'
balls must be perfect.

1043
01:00:35,327 --> 01:00:37,329
Let's look at the difference
from the Colts' balls.

1044
01:00:37,372 --> 01:00:39,548
The Colts' balls measurement
times were unknown

1045
01:00:39,592 --> 01:00:42,595
and steered
by Paul Weiss to be assumed

1046
01:00:42,639 --> 01:00:46,033
earlier in the half time rather
than later, which kind of defies
common sense

1047
01:00:46,077 --> 01:00:48,732
if they were running
out of time, and that's why
they only did four footballs.

1048
01:00:53,737 --> 01:00:58,350
When we try and find out
information about the link
between the lawyers

1049
01:00:58,393 --> 01:01:03,747
and the scientists, in general,
the response from the companies
has been, "This is privileged.

1050
01:01:03,790 --> 01:01:05,836
It's work product information.

1051
01:01:05,879 --> 01:01:09,317
These were litigation
actions that were taken."

1052
01:01:09,361 --> 01:01:13,278
Now, none of the disclaimers
that I have ever seen
in any of these papers

1053
01:01:13,321 --> 01:01:19,153
say this was part of a
privileged work product between
the scientists and the lawyers.

1054
01:01:19,197 --> 01:01:22,722
But when we try and get those
communications, that's generally
the defense that happens.

1055
01:01:22,766 --> 01:01:25,812
Walt Anderson had two gauges.

1056
01:01:25,856 --> 01:01:28,989
He'd been bringing two gauges
with him to games
for a long time.

1057
01:01:30,730 --> 01:01:36,257
He knew from his own habits
which gauge he used

1058
01:01:36,301 --> 01:01:38,782
to gauge the footballs
before the game began.

1059
01:01:38,825 --> 01:01:41,219
And he told the world's
reporters which gauge that was.

1060
01:01:42,873 --> 01:01:46,615
That ended up being inconsistent
with the notion that there must
have been tampering with

1061
01:01:46,659 --> 01:01:47,660
the footballs.

1062
01:01:48,095 --> 01:01:51,272
And so, the Wells investigators

1063
01:01:51,316 --> 01:01:54,580
concluded,
"No, his memory isn't right.

1064
01:01:54,623 --> 01:01:56,147
He actually used
the other gauge."

1065
01:01:56,190 --> 01:02:00,281
Just use the gauge that
the referee remembers using.

1066
01:02:00,325 --> 01:02:01,718
Remember,
he only had two gauges.

1067
01:02:03,589 --> 01:02:06,853
He used one of those
two gauges 48 times.

1068
01:02:06,897 --> 01:02:09,638
He measured the balls 48 times.

1069
01:02:09,682 --> 01:02:11,989
The interview
notes would reveal it.

1070
01:02:13,033 --> 01:02:16,254
What happened to the interview
notes? They weren't turned over.

1071
01:02:16,820 --> 01:02:18,778
Why weren't they turned
over to the defense?

1072
01:02:18,822 --> 01:02:20,258
Well, they weren't
turned over to the defense.

1073
01:02:20,301 --> 01:02:23,348
The claim is,
because they were work products

1074
01:02:23,391 --> 01:02:25,785
and protected by
lawyer-client confidentiality.

1075
01:02:25,829 --> 01:02:27,004
But wait a minute...

1076
01:02:28,048 --> 01:02:30,659
those lawyers were
supposed to be acting

1077
01:02:30,703 --> 01:02:33,488
as outside investigators,
that's the way they were hired

1078
01:02:33,532 --> 01:02:36,230
as independent investigators,
until it comes time...

1079
01:02:37,928 --> 01:02:40,974
for the defense
to get the notes.

1080
01:02:41,018 --> 01:02:44,586
Then it's,
"No, they're our lawyers,
therefore shielded by--"

1081
01:02:44,630 --> 01:02:46,066
Well, which way do you want it?

1082
01:02:46,588 --> 01:02:49,896
They were told what
assumptions to make

1083
01:02:49,940 --> 01:02:51,550
about what happened
at halftime...

1084
01:02:52,159 --> 01:02:53,726
by the Paul Weiss Law Firm.

1085
01:02:56,250 --> 01:02:57,991
And that is why...

1086
01:02:59,036 --> 01:03:03,823
the notes of the interviews
that the Wells' investigators

1087
01:03:03,867 --> 01:03:07,348
made of their interviews
of the game officials
and League officials

1088
01:03:07,871 --> 01:03:11,135
who were present
at halftime become so vital.

1089
01:03:11,178 --> 01:03:15,139
The Wells report assumed
and Exponent assumed

1090
01:03:15,617 --> 01:03:19,839
that the sequence was
Patriots' balls measured

1091
01:03:19,883 --> 01:03:21,841
found below 12.5.

1092
01:03:23,756 --> 01:03:26,585
Colts' balls measured,
four of them,

1093
01:03:27,020 --> 01:03:30,371
found below 12.5 on one gauge

1094
01:03:30,415 --> 01:03:33,505
but above 12.5 on the other
gauge, and left alone.

1095
01:03:33,940 --> 01:03:37,030
Then, all the Patriots'
balls are re-inflated.

1096
01:03:37,074 --> 01:03:39,206
Those are only three events
that happened in half time.

1097
01:03:39,250 --> 01:03:41,818
There are four officials
involved, two measuring,

1098
01:03:41,861 --> 01:03:44,429
two observing and recording,
and they can't come to
a consensus

1099
01:03:44,908 --> 01:03:48,128
as to what are the three events,
what the order are
of the three events?

1100
01:03:48,172 --> 01:03:50,391
That is implausible
to the extreme.
That's one of the things

1101
01:03:50,435 --> 01:03:52,045
that the interview
notes would reveal.

1102
01:03:52,089 --> 01:03:54,178
They didn't have enough time to
measure all of the Colts' balls,

1103
01:03:54,221 --> 01:03:56,397
which to me says that they
measured them last,

1104
01:03:56,441 --> 01:03:58,835
so those balls
had more time to warm up.

1105
01:03:58,878 --> 01:04:01,446
So the Patriots' balls
were measured first,
while they were still warming up

1106
01:04:01,489 --> 01:04:04,579
and that pressure was still low,
and in their own analysis,
they show it only takes

1107
01:04:04,623 --> 01:04:06,581
a matter of minutes for those
balls to start warming up

1108
01:04:06,625 --> 01:04:09,323
and that pressure to start
changing. So, sure enough,

1109
01:04:09,367 --> 01:04:12,239
if you measure the Colts'
balls after you measure
all the Patriots' balls,

1110
01:04:12,283 --> 01:04:14,285
those are warmed up and their
pressure's going to increase.

1111
01:04:14,328 --> 01:04:17,375
And that easily explains
the difference in pressure

1112
01:04:17,418 --> 01:04:19,072
between the two balls
at the halftime.

1113
01:04:19,116 --> 01:04:23,555
[piano music]

1114
01:04:24,034 --> 01:04:27,733
-They withheld
the evidence consistently.
-[clock ticking]

1115
01:04:27,776 --> 01:04:29,996
[reporter]
So, in these two pictures,
as we look at them,

1116
01:04:30,040 --> 01:04:32,477
you're saying it was purposeful.

1117
01:04:32,520 --> 01:04:34,914
And on under one,
they start the needle
at the zero point.

1118
01:04:34,958 --> 01:04:36,698
And under the other,
they shift the ruler

1119
01:04:36,742 --> 01:04:39,614
so that they started
at the 0.2 inch.

1120
01:04:39,658 --> 01:04:43,705
So as to make the needle appear
longer to the untrained eye.

1121
01:04:44,141 --> 01:04:47,187
Not only do they shift
the ruler, not only did
they photograph it

1122
01:04:47,231 --> 01:04:50,277
at an angle which
diminishes the bend...

1123
01:04:51,496 --> 01:04:53,890
but they also withdrew
the camera, notice...

1124
01:04:55,021 --> 01:05:00,635
from a greater distance for
the longer gauge, thus
actually shrinking it.

1125
01:05:00,679 --> 01:05:02,942
So, they shifted the ruler,
they shrunk the gauge.

1126
01:05:02,986 --> 01:05:05,249
[reporter]
One was twice as big
as the other one.

1127
01:05:05,292 --> 01:05:08,426
-Yes, and more severely bent.
-[reporter] And more
severely bent.

1128
01:05:08,469 --> 01:05:12,212
So you're saying then
Walt Anderson,
the referee for the game,

1129
01:05:12,256 --> 01:05:14,998
should have been clearly
been able to remember
what gauge he was using.

1130
01:05:15,041 --> 01:05:16,608
Yes, should have and did.

1131
01:05:19,045 --> 01:05:21,569
The coverage of Deflategate

1132
01:05:22,353 --> 01:05:25,965
and Exponent's involvement
in the Deflategate scandal

1133
01:05:26,009 --> 01:05:29,751
would dwarf
the combined coverage

1134
01:05:29,795 --> 01:05:33,016
of doubt science in our
society over the last 15 years.

1135
01:05:33,059 --> 01:05:36,802
What's going on here
is not sound science.

1136
01:05:36,845 --> 01:05:38,978
It just sounds like science.

1137
01:05:39,022 --> 01:05:41,502
I think one of the--
the sort of scary things

1138
01:05:41,546 --> 01:05:43,896
for me having done
a number of stories

1139
01:05:43,940 --> 01:05:47,769
about this topic is that people
and-- and even smart people,

1140
01:05:47,813 --> 01:05:52,426
even people who read a lot
and are just to sort of
attuned to things,

1141
01:05:52,470 --> 01:05:55,690
I don't think realize how much
this corporate funded science
has sort of

1142
01:05:55,734 --> 01:05:57,736
infiltrated our society.

1143
01:05:57,779 --> 01:06:00,782
[Jonathan]
The funding for
government-funded research,

1144
01:06:00,826 --> 01:06:04,656
whether that's done
at NIOSH or the EPA
or whether it's done by

1145
01:06:04,699 --> 01:06:09,008
independent scientists at--
at universities and scientific
organizations,

1146
01:06:09,052 --> 01:06:12,446
is absolutely critical
in our society.

1147
01:06:12,490 --> 01:06:17,974
We reported last year that the
National Institutes of Health's
budget for research grants

1148
01:06:18,017 --> 01:06:21,368
had fallen 14% from its peak

1149
01:06:21,412 --> 01:06:24,893
in 2004, uh, until 2016.

1150
01:06:24,937 --> 01:06:28,810
So as government funded
science diminishes,

1151
01:06:28,854 --> 01:06:32,379
that opens the door for
more corporate funded science.

1152
01:06:32,423 --> 01:06:37,732
When that funding goes away,
all that's left are the doubt
scientists, right?

1153
01:06:37,776 --> 01:06:42,563
And there is no more debate,
now all we get will be

1154
01:06:42,607 --> 01:06:45,436
the industry-sponsored
perspective on things.

1155
01:06:45,479 --> 01:06:49,875
And that's incredibly
dangerous and incredibly
concerning to me, right?

1156
01:06:49,918 --> 01:06:54,445
But that's what's going on now,
as the talk of defunding the EPA

1157
01:06:54,488 --> 01:06:57,926
or eliminating the EPA,
of defunding OSHA,

1158
01:06:57,970 --> 01:07:00,929
of not allowing scientists
to take positions,

1159
01:07:00,973 --> 01:07:05,151
government scientists to take
positions until they've been
vetted by politicians.

1160
01:07:05,195 --> 01:07:09,677
My concern is that we'll get
desensitized as a society

1161
01:07:09,721 --> 01:07:13,899
to, uh, you know,
fake news or fake science,

1162
01:07:13,942 --> 01:07:16,380
and just sort of accept
that that's part of life,

1163
01:07:17,076 --> 01:07:19,861
uh, because it's not,
and it's putting all
of our lives in danger.

1164
01:07:22,473 --> 01:07:26,912
Cheating was of great concern
to the ancient Greeks
in the Olympics.

1165
01:07:27,347 --> 01:07:31,960
Everybody had to swear an oath
not to cheat before the games.

1166
01:07:32,004 --> 01:07:36,791
And when I say everybody, that
included not only the athletes,
but also the judges.

1167
01:07:36,835 --> 01:07:42,884
And those who administered
the Olympics, they had to swear
an oath to Zeus not to cheat.

1168
01:07:42,928 --> 01:07:45,191
The Patriots and Tom Brady
were punished,

1169
01:07:45,887 --> 01:07:48,890
their controversy took
two different paths.

1170
01:07:49,413 --> 01:07:52,851
For Tom Brady, the path was,
he's a member of the Union.

1171
01:07:52,894 --> 01:07:56,333
And the Union, the National
Football League Players
Association has negotiated

1172
01:07:56,376 --> 01:08:01,077
a collective bargaining
agreement. The key provision
in it, Article 46,

1173
01:08:01,120 --> 01:08:05,037
is the provision that authorizes
Tom Brady to file an appeal.

1174
01:08:05,690 --> 01:08:08,736
The Patriots, in contrast,
have no such protection.

1175
01:08:10,825 --> 01:08:14,655
The NFL system for players
being able to challenge

1176
01:08:14,699 --> 01:08:17,832
punishments by
the Commissioner is such that

1177
01:08:17,876 --> 01:08:21,053
the appeal goes to
the Commissioner himself.

1178
01:08:21,096 --> 01:08:24,011
[news reporter]
Commissioner Roger Goodell can either hear the appeal himself,

1179
01:08:24,055 --> 01:08:26,232
or appoint an arbitrator
to hear it.

1180
01:08:26,276 --> 01:08:29,366
Now, in law, we don't do that.
We don't say the trial judge

1181
01:08:29,408 --> 01:08:32,151
says one thing, but you
can appeal back to the trial.

1182
01:08:32,194 --> 01:08:36,154
No, you want-- you literally
want anyone but that person

1183
01:08:36,198 --> 01:08:39,158
to hear the app--
anyone's better than the person
who originally punished you.

1184
01:08:39,202 --> 01:08:42,379
Under Article 46, the appeal
goes to Roger Goodell,

1185
01:08:42,421 --> 01:08:46,948
but Goodell has a choice,
he can delegate that he--

1186
01:08:46,992 --> 01:08:50,126
that role as
the hearing officer,
and he's done it before.

1187
01:08:50,169 --> 01:08:53,085
he did it with Ray Rice.
He did it with Adrian Peterson.

1188
01:08:53,520 --> 01:08:57,698
He did it with Ezekiel Elliott
after Deflategate.

1189
01:08:57,742 --> 01:09:00,613
Yet, with Tom Brady,
he chose not to do that.

1190
01:09:00,658 --> 01:09:02,964
He chose to serve
as the hearing officer,

1191
01:09:03,008 --> 01:09:07,099
even though NFL referees are
implicated in this controversy.

1192
01:09:07,143 --> 01:09:10,058
Those referees work for
Roger Goodell, even though

1193
01:09:10,102 --> 01:09:13,018
there was a false leak
from the League office.

1194
01:09:13,060 --> 01:09:15,412
It's the fundamental
principle of justice.

1195
01:09:15,455 --> 01:09:18,589
You cannot decide your own case.

1196
01:09:18,631 --> 01:09:21,243
Here, the Commissioner
had decided the penalty

1197
01:09:21,287 --> 01:09:23,636
and now he was sitting
as the Appellate Judge.

1198
01:09:23,680 --> 01:09:29,991
In Bountygate,
it was also wrong and he was
pressured out of doing it.

1199
01:09:30,035 --> 01:09:33,908
But here he did it.
Now, again, I said
the blame should be spread.

1200
01:09:34,430 --> 01:09:35,823
They agreed to it.

1201
01:09:36,345 --> 01:09:38,348
They being
the Players' Association.

1202
01:09:38,390 --> 01:09:41,654
He shouldn't have allowed that.
That's outrageous.

1203
01:09:41,698 --> 01:09:44,180
What we have said
from the beginning is,

1204
01:09:44,223 --> 01:09:47,531
we should have a collectively
bargained process.

1205
01:09:47,573 --> 01:09:52,622
Whereby we conduct
investigations, the Commissioner
issues discipline,

1206
01:09:52,666 --> 01:09:55,365
it's reviewed by a neutral
arbitrator, and we're done.

1207
01:09:55,408 --> 01:09:56,757
-[host] Right.
-I mean, look--

1208
01:09:56,801 --> 01:09:59,238
[host] But everybody
argues though, De, always,

1209
01:09:59,282 --> 01:10:02,067
and you know I have your back,
everyone always says, "Well,
the players gave that up."

1210
01:10:02,110 --> 01:10:04,939
Article 46, the player
conduct policy impacts

1211
01:10:04,983 --> 01:10:06,941
probably about
one percent of players.

1212
01:10:07,377 --> 01:10:10,293
Now, it just so happens that
some of these players are
big names.

1213
01:10:10,336 --> 01:10:14,514
Tom Brady, Adrian Peterson,
Ray Rice, Ezekiel Elliott,

1214
01:10:14,993 --> 01:10:17,909
but if you're the Union,
you want to focus

1215
01:10:17,952 --> 01:10:21,347
in negotiating
the collective bargaining
agreement with the NFL

1216
01:10:21,391 --> 01:10:24,132
on policies that are going
to affect all players,

1217
01:10:24,176 --> 01:10:26,700
policies like
health care, pensions...

1218
01:10:28,267 --> 01:10:31,052
minimum salaries
affect many players.

1219
01:10:31,096 --> 01:10:35,405
Things like that
are actually more
meaningful to NFL players.

1220
01:10:35,448 --> 01:10:38,190
So in a sense,
the Union's logic...

1221
01:10:38,930 --> 01:10:42,281
is actually sensible,
but I think,

1222
01:10:42,325 --> 01:10:44,718
by ignoring this
particular policy,

1223
01:10:45,284 --> 01:10:48,505
it's left players vulnerable.
And it just so happens

1224
01:10:48,548 --> 01:10:50,289
that some of these players
are big names.

1225
01:10:50,333 --> 01:10:54,032
We know that we're not
walking into a fair set-up.

1226
01:10:54,075 --> 01:10:57,209
We knew it, we knew, because
we had the documents, we knew.

1227
01:10:58,079 --> 01:11:01,300
You are not walking
into a fair hearing.

1228
01:11:02,693 --> 01:11:05,435
This is designed to get you.

1229
01:11:06,436 --> 01:11:09,221
And I would have said that,
I would have loved
to have said that,

1230
01:11:09,265 --> 01:11:11,310
I would have loved to
have been more aggressive.

1231
01:11:11,919 --> 01:11:16,881
That, I think is a great
illustration of how much

1232
01:11:17,447 --> 01:11:22,190
Tom believed that Roger was
going to do the right thing.

1233
01:11:22,626 --> 01:11:26,369
Tom Brady
changed the dynamics of
the controversy by agreeing

1234
01:11:26,412 --> 01:11:28,284
to testify under oath

1235
01:11:28,762 --> 01:11:31,896
during the arbitration hearing
before Roger Goodell.

1236
01:11:31,939 --> 01:11:35,856
The significance of testifying
under oath, is that if somebody
knowingly lies

1237
01:11:35,900 --> 01:11:38,337
while testifying under oath,

1238
01:11:38,381 --> 01:11:41,514
they have committed
the crime of perjury.
It's a really serious thing.

1239
01:11:41,558 --> 01:11:46,563
So that just shows
how much Tom Brady is
putting himself on the line

1240
01:11:46,606 --> 01:11:48,521
to say, "I didn't do it."

1241
01:11:48,565 --> 01:11:50,828
So I think that certainly
lends credibility,

1242
01:11:50,871 --> 01:11:53,091
tremendous credibility
to what he said.

1243
01:11:53,134 --> 01:11:57,443
The Wells report concludes that,

1244
01:11:57,487 --> 01:12:00,359
the most that they concluded
about Tom Brady is that he was

1245
01:12:00,403 --> 01:12:02,622
probably, quote,
"generally aware"

1246
01:12:03,797 --> 01:12:07,323
of this violation of the rules,
supposed violation of
the rules

1247
01:12:07,366 --> 01:12:11,457
by these other folks. There's
simply no basis to say that

1248
01:12:11,501 --> 01:12:14,504
some "general awareness" of
somebody else's violation

1249
01:12:14,547 --> 01:12:18,638
should subject that person
to punishment.

1250
01:12:20,118 --> 01:12:26,037
So, in my view, the League was
looking for some additional
evidence of Tom's involvement

1251
01:12:26,080 --> 01:12:28,605
in this, to come out
of the hearing on appeal.

1252
01:12:30,476 --> 01:12:32,173
There was no such evidence.

1253
01:12:34,175 --> 01:12:37,614
So the question then that
the League faced, if you're
going to try to move

1254
01:12:37,657 --> 01:12:40,791
from being generally aware
to being involved...

1255
01:12:41,400 --> 01:12:42,706
what evidence can you rely on?

1256
01:12:44,751 --> 01:12:49,408
The only thing that they
could latch onto was that

1257
01:12:49,452 --> 01:12:52,759
Tom no longer had the cell phone

1258
01:12:52,803 --> 01:12:55,806
that the Wells investigators
indicated he would never have
to turn over.

1259
01:12:55,849 --> 01:12:58,896
According to them,
Tom Brady ordered the cell phone

1260
01:12:58,939 --> 01:13:02,203
that he had used for
the four months prior
to being called in

1261
01:13:02,247 --> 01:13:05,816
-by investigators.
He had ordered it destroyed.
-Wow.

1262
01:13:07,383 --> 01:13:10,690
And when it comes to
controlling the story,

1263
01:13:10,734 --> 01:13:13,911
then somewhat curiously,

1264
01:13:14,477 --> 01:13:18,219
immediately before
the Commissioner's decision
is announced,

1265
01:13:18,263 --> 01:13:20,918
there's a press release from
the League which emphasizes...

1266
01:13:22,702 --> 01:13:26,314
destruction of the phone.
And the reliance of the League.

1267
01:13:26,358 --> 01:13:30,144
Well, the destruction
of the phone must have
reflected his guilty mind.

1268
01:13:30,188 --> 01:13:34,845
There's no NFL rule that
requires a player to turn over
his personal phone.

1269
01:13:34,888 --> 01:13:37,456
It's not in any player contract.

1270
01:13:37,500 --> 01:13:40,154
It's not in the collective
bargaining agreement.

1271
01:13:40,198 --> 01:13:42,679
It's literally a rule
that doesn't exist.

1272
01:13:42,722 --> 01:13:46,334
The NFL can only argue
that a failure to turn over

1273
01:13:46,378 --> 01:13:50,034
the phone, is some type
of reflection of being
uncooperative.

1274
01:13:50,077 --> 01:13:52,602
I would say, I don't buy that.

1275
01:13:52,645 --> 01:13:56,432
Because if it was such an
important piece of information,
there should be a rule

1276
01:13:56,475 --> 01:14:00,000
authorizing the NFL to get it.
But it's important to stress
that Tom Brady

1277
01:14:00,044 --> 01:14:03,134
had no actual obligation
to turn over his phone.

1278
01:14:03,177 --> 01:14:08,705
I think if it was just about
deflating of footballs,
then it never would

1279
01:14:08,748 --> 01:14:10,402
have happened but, uh...

1280
01:14:11,490 --> 01:14:14,580
he hired lawyers
and he destroyed his phone.

1281
01:14:14,624 --> 01:14:19,933
In his order,
Roger Goodell noted that
Tom Brady destroyed his phone.

1282
01:14:19,977 --> 01:14:23,937
Notice the word, "destroyed."
That is a powerful word,

1283
01:14:23,981 --> 01:14:26,113
it suggests active,

1284
01:14:26,157 --> 01:14:29,508
it suggests a desire to

1285
01:14:29,552 --> 01:14:32,163
eliminate implicating evidence.

1286
01:14:32,206 --> 01:14:34,600
In law, when you
destroy evidence,

1287
01:14:34,644 --> 01:14:36,472
you're actually
committing a crime.

1288
01:14:36,515 --> 01:14:40,737
And it was clearly used
intentionally to portray
Tom Brady

1289
01:14:41,215 --> 01:14:44,741
as at fault and really
as having bad intentions.

1290
01:14:44,784 --> 01:14:48,962
Tom Brady is as big of a
celebrity in sports as there is.

1291
01:14:49,006 --> 01:14:53,445
Any piece of personal
information on his phone
is newsworthy.

1292
01:14:53,489 --> 01:14:57,057
Anything. Tom Brady knows
that if he turns over his phone,

1293
01:14:57,101 --> 01:15:01,018
then anything about his personal
life that's leaked will become
newsworthy.

1294
01:15:01,061 --> 01:15:05,370
He has to believe that there's
potential temptation to leak
that kind of information,

1295
01:15:05,413 --> 01:15:08,504
particularly when there
had already been leaks
involving the story.

1296
01:15:09,156 --> 01:15:11,681
[Robert]
The hearing before
the Commissioner,

1297
01:15:11,724 --> 01:15:14,205
ten hours.

1298
01:15:14,248 --> 01:15:19,776
During which, Kessler doesn't
lay a glove, really, on the,
uh, witnesses.

1299
01:15:19,819 --> 01:15:23,519
He doesn't-- when he's
got witnesses from Exponent
and when he cross-examines,

1300
01:15:23,562 --> 01:15:29,176
he doesn't really attack.
He lets them go into
technical... realms.

1301
01:15:29,220 --> 01:15:33,224
He never presses on the sequent.
Their goal was to restrict
the power

1302
01:15:33,267 --> 01:15:35,313
of the Commission.

1303
01:15:35,356 --> 01:15:38,751
Their goal was not to
establish the innocence
of the particular player.

1304
01:15:39,883 --> 01:15:43,190
That dropped out, they allowed
science to drop out.

1305
01:15:43,234 --> 01:15:49,675
They allowed the NFL
to draw an analogy between
the behavior of Tom Brady

1306
01:15:49,719 --> 01:15:52,460
and the 1919 Black Sox Scandal,

1307
01:15:52,896 --> 01:15:54,724
which fixed the World Series.

1308
01:15:54,767 --> 01:15:57,683
But to analogize Tom Brady

1309
01:15:57,727 --> 01:16:00,556
with fixing the World Series,
this fierce competitor.

1310
01:16:01,078 --> 01:16:04,037
And the NFLPA just let it pass.

1311
01:16:04,081 --> 01:16:07,432
And Brady was represented
by counsel, at least on paper.

1312
01:16:07,475 --> 01:16:09,695
We knew it was a kangaroo court.

1313
01:16:09,739 --> 01:16:12,611
I still think
he felt like, man to man,

1314
01:16:12,655 --> 01:16:15,788
I'm gonna tell the truth
and everything's gonna be fine.
Didn't turn out that way.

1315
01:16:17,573 --> 01:16:20,924
In the Wells report,
Ted Wells portrays Tom Brady

1316
01:16:20,967 --> 01:16:23,622
as almost a passive participant,

1317
01:16:24,144 --> 01:16:27,757
that it was more
probable than not that
he had general awareness

1318
01:16:28,453 --> 01:16:31,717
of a football deflation scheme
orchestrated by others.

1319
01:16:31,761 --> 01:16:36,504
And yet, after Tom Brady's
appeal with Roger Goodell,

1320
01:16:36,548 --> 01:16:39,246
Brady's role is transformed

1321
01:16:39,682 --> 01:16:44,730
into the architect,
the ringleader
of this deflation conspiracy.

1322
01:16:44,774 --> 01:16:47,646
And it wasn't clear
what evidence

1323
01:16:47,690 --> 01:16:51,650
changed Tom Brady's role.
There was no new evidence.

1324
01:16:51,694 --> 01:16:55,828
Roger Goodell introduced a new
allegation against Tom Brady.

1325
01:16:56,307 --> 01:16:59,832
And the allegation was that Tom
Brady didn't share his phone,

1326
01:16:59,876 --> 01:17:03,096
or to borrow Roger Goodell's
words, he destroyed his phone.

1327
01:17:03,140 --> 01:17:08,406
Because Brady was punished
without the phone being
an issue,

1328
01:17:09,059 --> 01:17:12,105
he never had a chance to
appeal the phone issue.

1329
01:17:13,063 --> 01:17:14,673
It came up on the appeal.

1330
01:17:15,152 --> 01:17:18,068
How can he appeal the appeal?
He can't.

1331
01:17:18,111 --> 01:17:21,288
There was absolutely no basis
to make that conclusion.

1332
01:17:21,898 --> 01:17:24,857
And Tom ended up turning over,
as part of his appeal,

1333
01:17:24,901 --> 01:17:28,905
turning over to the League
extensive records

1334
01:17:28,948 --> 01:17:30,994
that existed about...

1335
01:17:31,864 --> 01:17:35,128
who he was calling,
who he was texting, all of it.

1336
01:17:35,172 --> 01:17:39,219
In his order, Roger Goodell
made a very strange analogy.

1337
01:17:39,263 --> 01:17:45,182
He compared Tom Brady's alleged
role in Deflategate, to a player
using steroids.

1338
01:17:45,661 --> 01:17:51,275
The problem with this analogy
is, among other things,
with steroid...

1339
01:17:52,319 --> 01:17:57,847
punishments, it-- they must
follow a specific set of rules

1340
01:17:57,890 --> 01:18:01,764
that go to chain of custody,
that go to rights to an appeal,

1341
01:18:01,807 --> 01:18:05,768
that have been assented to
by The Players' Association.

1342
01:18:05,811 --> 01:18:08,509
With Deflategate,
none of these rules existed.

1343
01:18:08,553 --> 01:18:11,730
Tom is a good guy.
And he has faith in

1344
01:18:11,774 --> 01:18:14,733
the institutions
and the people around him and

1345
01:18:14,777 --> 01:18:18,345
I think he really
believed that, "No, if I go
and tell Roger the truth...

1346
01:18:19,216 --> 01:18:21,566
everything's going to be fine,
and it wasn't fine.

1347
01:18:23,699 --> 01:18:26,745
When the Commissioner
issued his decision

1348
01:18:26,789 --> 01:18:31,750
on appeal, simultaneously
with that, the League filed

1349
01:18:31,794 --> 01:18:34,231
a federal court lawsuit
in New York.

1350
01:18:34,274 --> 01:18:39,279
They anticipated that Tom Brady
would file an appeal, as he did.

1351
01:18:39,323 --> 01:18:42,630
They wanted to win the race
to the courthouse because
they preferred to be

1352
01:18:42,674 --> 01:18:45,895
in a court in New York,
than a court in Minnesota.

1353
01:18:45,938 --> 01:18:50,769
[Michael]
Tom Brady faced a tall task
in getting the suspension

1354
01:18:50,813 --> 01:18:57,297
vacated by a federal judge.
Federal judges rarely
vacate arbitration awards.

1355
01:18:57,341 --> 01:19:02,389
And normally, under the law,
the arbitrator has to make
serious, grave mistakes

1356
01:19:02,433 --> 01:19:05,001
for an arbitration
award to be vacated.

1357
01:19:05,044 --> 01:19:07,917
And yet, here,
judge Richard Berman found

1358
01:19:07,960 --> 01:19:11,877
that such mistakes existed.
Roger Goodell,

1359
01:19:12,443 --> 01:19:16,273
according to judge Berman,
didn't adequately warn
Tom Brady

1360
01:19:16,316 --> 01:19:18,318
about the appropriate
punishment.

1361
01:19:18,362 --> 01:19:22,105
There was no so-called notice.
But beyond that,

1362
01:19:22,148 --> 01:19:25,282
Tom Brady
was never clear about
what rules he actually violated.

1363
01:19:25,848 --> 01:19:28,764
Was he getting in trouble
because of a phone,

1364
01:19:29,242 --> 01:19:32,463
a so-called
destruction of a phone?
Was he getting in trouble

1365
01:19:32,506 --> 01:19:35,945
because it was more probable
than not that he had
general awareness,

1366
01:19:35,988 --> 01:19:39,165
according to Ted Wells?
Was he in trouble
because he was a ringleader?

1367
01:19:39,209 --> 01:19:41,994
It was never clear what
he was being punished for.

1368
01:19:42,038 --> 01:19:45,650
Part of the outrageous
violations of due process

1369
01:19:45,693 --> 01:19:48,261
is they tried to
have it both ways.
They declared that they were

1370
01:19:48,305 --> 01:19:52,439
engaging in an independent
investigation, hired outside
independent investigators.

1371
01:19:52,483 --> 01:19:54,790
Paul Weiss, their law firm.

1372
01:19:54,833 --> 01:19:59,490
Tom Brady never got a chance
to cross-examine Jeffrey Pash.

1373
01:20:00,143 --> 01:20:02,014
Let's remember
who Jeffrey Pash is.

1374
01:20:02,058 --> 01:20:05,539
He's the NFL's general counsel,
but more importantly,

1375
01:20:05,583 --> 01:20:09,979
he's the co-lead investigator
into the Deflategate
investigation.

1376
01:20:10,022 --> 01:20:14,070
And then when it got very
inconvenient to turn over
some of the notes from

1377
01:20:14,113 --> 01:20:18,814
the interviews of that so-called
outside investigation,
independent investigation.

1378
01:20:18,857 --> 01:20:20,990
They said, "Oh, we don't
have to ta-- we don't have
to turn them over,

1379
01:20:21,033 --> 01:20:23,470
they're shielded
by lawyer-client
confidentiality privilege."

1380
01:20:23,514 --> 01:20:25,211
That's actually a big deal.

1381
01:20:25,255 --> 01:20:28,475
How can Tom Brady
challenge the science,

1382
01:20:28,519 --> 01:20:31,565
the core allegation that there
was a deflation conspiracy,

1383
01:20:31,609 --> 01:20:36,309
when the NFL doesn't
share its investigative notes
that led to that conclusion,

1384
01:20:36,353 --> 01:20:41,488
you know, in science,
a key tenant is,
you let people review it.

1385
01:20:41,924 --> 01:20:45,057
That's how science works.
It's not, here's my conclusion.

1386
01:20:45,101 --> 01:20:46,885
I'm not going to tell you
how I got there. Right?

1387
01:20:46,929 --> 01:20:48,844
We don't call
that credible science.

1388
01:20:48,887 --> 01:20:51,542
And so if you don't turn over
the notes to the defense,

1389
01:20:51,585 --> 01:20:53,892
they have no ability
to cross-examine

1390
01:20:53,936 --> 01:20:57,722
and to attack the Wells report,
unless they have
the notes before them.

1391
01:20:57,765 --> 01:21:01,204
So, to say disingenuously,
"Well, we never used the notes.

1392
01:21:01,247 --> 01:21:03,119
We never relied on the notes,
we just relied on
the Wells report,"

1393
01:21:03,162 --> 01:21:05,121
when the Wells report
relies on the notes.

1394
01:21:05,164 --> 01:21:08,428
And then to shield it all under
lawyer-client confidentiality,

1395
01:21:08,472 --> 01:21:11,257
where your--
where your lawyer is

1396
01:21:11,301 --> 01:21:14,608
your outside
independent investigator,

1397
01:21:14,652 --> 01:21:18,786
and yet, in the hearing,
then conduct some of
the cross-examination.

1398
01:21:18,830 --> 01:21:24,270
It's just below the minimum
standards of decency and--
and fairness and process.

1399
01:21:24,314 --> 01:21:28,318
You go into the text of
the appeal, "11 of the full

1400
01:21:28,361 --> 01:21:30,668
New England footballs
were tested at halftime,
all below the prescribed

1401
01:21:30,711 --> 01:21:32,670
air pressure ranges
measured in each of
the two gauges

1402
01:21:32,713 --> 01:21:34,759
four of the Indianapolis
footballs were tested
at halftime as well

1403
01:21:34,802 --> 01:21:36,543
and all were within
the prescribed
air pressure range

1404
01:21:36,587 --> 01:21:38,067
in at least one
of the two gauges.

1405
01:21:38,110 --> 01:21:40,678
It's really kind of crazy,
because the balls had to be

1406
01:21:40,721 --> 01:21:42,854
below 12 and a half,
because of the ideal gas law.

1407
01:21:42,898 --> 01:21:45,552
They continued to repeat
that right to the end.

1408
01:21:46,292 --> 01:21:49,382
Their counsel continued
to repeat it in briefs.

1409
01:21:49,948 --> 01:21:55,606
That statement is literally true
but it is false in context.

1410
01:21:55,649 --> 01:21:59,044
It is misleading,
it is consciously deceptive,

1411
01:21:59,088 --> 01:22:02,526
and it is pragmatically false,
it puts the reader out of

1412
01:22:02,569 --> 01:22:06,617
working touch with reality.
It put the court out of
working touch with reality.

1413
01:22:06,660 --> 01:22:11,056
[Daniel]
In the brief that the League
filed with the second circuit,

1414
01:22:11,100 --> 01:22:15,452
they said with respect
to whether these notes
were important or not.

1415
01:22:15,495 --> 01:22:18,237
They said, "Well, it really
didn't matter because
Mr. Brady's

1416
01:22:18,281 --> 01:22:20,370
lawyers were present
at most of those interviews."

1417
01:22:22,894 --> 01:22:25,114
Mr. Brady's lawyers were
present at one interview.

1418
01:22:26,506 --> 01:22:29,814
His own.
Even the Patriots' lawyers...

1419
01:22:30,771 --> 01:22:34,993
we were not allowed to be
present at the key interviews,
as to which notes were sought.

1420
01:22:35,037 --> 01:22:37,169
There were two questions
he left undecided.

1421
01:22:37,213 --> 01:22:40,129
He found for Brady on three
and left two undecided.

1422
01:22:40,172 --> 01:22:44,220
One of them was the process
notes, the failure to turn
over the interview notes.

1423
01:22:44,263 --> 01:22:47,788
When it went up
to the second circuit,
the second circuit said,

1424
01:22:47,832 --> 01:22:50,661
"Well, we can decide those.
Ordinarily, we might remand,

1425
01:22:51,401 --> 01:22:53,881
but we can decide these
questions right now.

1426
01:22:53,925 --> 01:22:57,320
We don't have to send
it back to the second--
to the District Court.

1427
01:22:57,363 --> 01:23:00,453
Uh... the interview notes
are not significant.

1428
01:23:00,497 --> 01:23:02,238
No one's told us
why they are needed."

1429
01:23:02,281 --> 01:23:05,023
That's why I went--
when I read that, I went,
"Oh, come on!"

1430
01:23:05,067 --> 01:23:08,070
Among the misstatements
that are made,

1431
01:23:08,113 --> 01:23:12,204
are statements that Brady's
phone contained evidence...

1432
01:23:13,510 --> 01:23:17,514
that would support his
involvement in this scheme
to deflate.

1433
01:23:20,343 --> 01:23:23,607
That was made up
out of whole cloth.
And they made it appear that

1434
01:23:23,650 --> 01:23:28,046
the evidence of deflation
was over-- overwhelming,

1435
01:23:28,090 --> 01:23:30,266
and that Tom's involvement
was overwhelming.

1436
01:23:30,309 --> 01:23:32,224
[news reporter]
Lawyer, Paul Clement is
fighting back

1437
01:23:32,268 --> 01:23:34,792
against reports that
he lied to judges

1438
01:23:34,835 --> 01:23:38,230
during the League's
appeal of Tom Brady's
overturned suspension.

1439
01:23:38,274 --> 01:23:41,146
And the League,
even when this was called
to their lawyers' attention,

1440
01:23:41,190 --> 01:23:43,844
refused to correct
those misstatements.

1441
01:23:43,888 --> 01:23:47,500
And that I find,
uh, very, very troubling.

1442
01:23:47,544 --> 01:23:49,676
It's one thing to...

1443
01:23:50,416 --> 01:23:53,289
state your legal positions
and, as I say, put the best
spin on the--

1444
01:23:53,332 --> 01:23:55,508
on the record, but it's another
thing to misstate things.

1445
01:23:55,552 --> 01:23:59,773
It became very apparent
early on that Tom Brady
was going to lose.

1446
01:23:59,817 --> 01:24:02,776
Suspending Brady
for four games is laughable.

1447
01:24:02,820 --> 01:24:05,431
For four weeks,
Tom Brady will be denied

1448
01:24:05,475 --> 01:24:08,086
the joy of 300-pound men
trying to kill him.

1449
01:24:08,130 --> 01:24:10,958
-[audience chuckle]
-Instead, he is stuck
with a month

1450
01:24:11,002 --> 01:24:14,484
of vacation and nothing
to console himself
but millions of dollars,

1451
01:24:14,527 --> 01:24:18,053
his still valid championship
ring and his supermodel wife.

1452
01:24:18,705 --> 01:24:20,229
So, the system works.

1453
01:24:20,272 --> 01:24:22,100
There are two
separate questions.

1454
01:24:22,144 --> 01:24:26,452
One is, were the balls deflated?
Did Brady cheat?

1455
01:24:26,496 --> 01:24:28,498
The second is, who decides?

1456
01:24:28,541 --> 01:24:31,588
As the case progressed to
the second circuit,

1457
01:24:31,631 --> 01:24:34,591
and the science became
completely debunked,

1458
01:24:35,374 --> 01:24:39,117
what the league grasped onto,
well, they tried to divert
it to the cell phone,

1459
01:24:39,161 --> 01:24:45,167
but what they--
the essential principle that
they really clutched on to was,

1460
01:24:45,210 --> 01:24:48,692
look, whether or not they're--
the science has anything to say

1461
01:24:48,735 --> 01:24:50,389
about whether they were--
that's not the issue!

1462
01:24:50,433 --> 01:24:51,869
Facts aren't an issue here.

1463
01:24:51,912 --> 01:24:54,132
What's an issue is,
who has the right to decide?

1464
01:24:54,176 --> 01:24:57,309
What animated
the judges was that,

1465
01:24:57,353 --> 01:24:59,877
the Union that Tom Brady
is a member to,

1466
01:25:00,617 --> 01:25:04,490
gave Roger Goodell essentially
unlimited discretion

1467
01:25:04,534 --> 01:25:06,057
in deciding what happened,

1468
01:25:06,101 --> 01:25:09,278
and that Tom Brady was
asking for safeguards

1469
01:25:10,148 --> 01:25:15,893
that weren't actually listed in
Article 46 of the collective
bargaining agreement.

1470
01:25:15,936 --> 01:25:20,332
Two of the three judges said,
"Whether it's unfair or not
really isn't important."

1471
01:25:20,376 --> 01:25:24,597
What matters is that
the Union agreed to a policy

1472
01:25:25,163 --> 01:25:27,209
that allowed Roger Goodell

1473
01:25:27,252 --> 01:25:32,214
to reach conclusions that you
could say, defied science.

1474
01:25:32,257 --> 01:25:37,436
So, after Tom Brady lost before
the second circuit panel,

1475
01:25:37,480 --> 01:25:40,135
he petitioned for
an en banc review,

1476
01:25:40,178 --> 01:25:44,878
which is where all
of the active judges on
the court hear an appeal.

1477
01:25:44,922 --> 01:25:46,445
He'll fight his
Deflategate suspension.

1478
01:25:46,489 --> 01:25:48,404
His lawyer's filing
this document today,

1479
01:25:48,447 --> 01:25:50,928
asking the entire
second court of appeals

1480
01:25:50,971 --> 01:25:53,626
to rehear his case
and toss out his suspension.

1481
01:25:53,670 --> 01:25:57,108
They're almost never granted,
less than one percent
of the time,

1482
01:25:57,152 --> 01:25:59,980
and really only in
exceptional circumstances.

1483
01:26:00,024 --> 01:26:01,982
We don't want to
talk about the facts.

1484
01:26:02,026 --> 01:26:03,593
We just want to talk about who
has the right to decide,

1485
01:26:03,636 --> 01:26:05,377
the Commissioner has the right
under the CBA to decide it,

1486
01:26:05,421 --> 01:26:07,205
Commissioner decided it,
end of story.

1487
01:26:07,249 --> 01:26:10,687
Commissioner has the right
to judge his own appeal,
end of story.

1488
01:26:10,730 --> 01:26:12,993
Now, the major United States
Supreme Court case

1489
01:26:13,037 --> 01:26:15,431
that emphasizes that the courts
are supposed to stay out of it,

1490
01:26:15,474 --> 01:26:19,652
Misco provides a--
an exception to that,

1491
01:26:19,696 --> 01:26:22,699
when the courts
can get involved,

1492
01:26:22,742 --> 01:26:28,357
and that's in the case
of evident partiality,
bias and fraud,

1493
01:26:28,966 --> 01:26:32,665
and there was evident
partiality that saturated

1494
01:26:32,709 --> 01:26:35,102
the entire investigation
in the Wells report

1495
01:26:35,146 --> 01:26:37,540
and the Commissioner's
decision on appeal.

1496
01:26:38,236 --> 01:26:41,239
Bias and fraud in
the shift of the rulers.

1497
01:26:41,283 --> 01:26:45,112
But again, the Players'
Association never played Misco.

1498
01:26:45,156 --> 01:26:49,552
[Michael]
He was able to enlist the help
of the New England Patriots,

1499
01:26:49,595 --> 01:26:51,293
who filed an amicus brief.

1500
01:26:51,336 --> 01:26:53,556
An amicus brief is
a friend of the court brief.

1501
01:26:53,599 --> 01:26:55,906
It's not a binding document,
in the sense that,

1502
01:26:55,949 --> 01:26:58,169
it doesn't force
the court to do anything,

1503
01:26:58,213 --> 01:27:00,345
and then Tom Brady, of course,
got Ken Feinberg.

1504
01:27:00,389 --> 01:27:02,869
Ken Feinberg to
file an amicus brief.

1505
01:27:03,653 --> 01:27:09,093
Ken Feinberg is one of the most
influential legal figures

1506
01:27:09,136 --> 01:27:11,138
in the last 20 years
in the United States.

1507
01:27:11,182 --> 01:27:15,621
These are really
significant voices.

1508
01:27:15,665 --> 01:27:20,147
[reporter] He will not be able
to have a rehearing which he
was petitioning for...

1509
01:27:21,410 --> 01:27:25,022
Going to the Supreme Court for
anyone is profoundly difficult.

1510
01:27:25,065 --> 01:27:27,459
The Supreme Court only takes
about one percent of petitions,

1511
01:27:28,155 --> 01:27:30,027
and they tend to be in cases

1512
01:27:30,506 --> 01:27:33,465
that are of significant
policy implications.

1513
01:27:34,074 --> 01:27:39,079
Although Tom Brady's case is
certainly of national interest,

1514
01:27:39,123 --> 01:27:42,953
it doesn't necessarily impact
people across the country.

1515
01:27:42,996 --> 01:27:45,608
The problem here for the
Supreme Court to take this case,

1516
01:27:45,651 --> 01:27:50,047
is that, it wasn't
a representative example,

1517
01:27:50,830 --> 01:27:54,356
for the court to review
the powers of management

1518
01:27:54,399 --> 01:27:57,054
to discipline employees,

1519
01:27:57,097 --> 01:28:01,928
that an NFL player is different
from a regular Union employee,

1520
01:28:01,972 --> 01:28:03,626
on all sorts of levels,

1521
01:28:03,669 --> 01:28:06,498
including the system of justice
that the NFL has,

1522
01:28:06,542 --> 01:28:09,414
which is so stacked
in favor of the NFL.

1523
01:28:09,458 --> 01:28:11,068
Typically, when an
employee is punished,

1524
01:28:11,111 --> 01:28:15,507
there's a panel that reviews
the employee's punishment.

1525
01:28:15,551 --> 01:28:17,727
There's usually one
person from management,

1526
01:28:17,770 --> 01:28:21,383
one person from labor
and then someone neutral.

1527
01:28:21,426 --> 01:28:27,432
In the NFL, it's the same
person that found the facts,
that issued the punishment,

1528
01:28:27,476 --> 01:28:30,696
he comes back again--
I mean, it's this really
unusual system that,

1529
01:28:30,740 --> 01:28:33,090
for the Supreme Court
to take a case...

1530
01:28:33,917 --> 01:28:37,355
that delves into really
important issues of,

1531
01:28:37,399 --> 01:28:39,792
when can management
punish employees?

1532
01:28:39,836 --> 01:28:42,752
And what are the rights of
employees to contest those
punishments?

1533
01:28:42,795 --> 01:28:44,710
This wasn't a good case to do.

1534
01:28:44,754 --> 01:28:48,801
We also know that Tom had just
wanted to stop at that point.

1535
01:28:48,845 --> 01:28:50,629
It was just a personal decision.

1536
01:28:51,804 --> 01:28:53,937
So I tried to come out here and
just focus on what I need to do

1537
01:28:53,980 --> 01:28:55,721
to get better and help our team.

1538
01:28:56,853 --> 01:29:00,247
Like I said, I'll be, you know,
excited to be back when I'm back

1539
01:29:01,423 --> 01:29:02,685
and I'll be cheering our team on

1540
01:29:02,728 --> 01:29:04,121
and hoping we go out
and win every game.

1541
01:29:08,430 --> 01:29:10,388
[Robert]
Even as we disparage justice,

1542
01:29:10,432 --> 01:29:12,564
there is no justice,
there couldn't be,

1543
01:29:12,608 --> 01:29:15,959
"The strong do what they can,
the weak accept what they must,"

1544
01:29:16,002 --> 01:29:19,136
there's a part of us that does
believe in justice, most of us.

1545
01:29:19,745 --> 01:29:24,620
And we look to sport as one of
the places to establish justice,

1546
01:29:24,663 --> 01:29:25,925
through the outcome.

1547
01:29:25,969 --> 01:29:28,145
I got thrown back to the--
[stutters]

1548
01:29:28,188 --> 01:29:32,541
the medieval way of determining
a person's innocence or guilt,

1549
01:29:32,584 --> 01:29:34,630
and whether they
had violated the law,

1550
01:29:34,673 --> 01:29:37,023
and that was trial by ordeal.

1551
01:29:37,067 --> 01:29:40,592
When they didn't have
evidence sufficient to
either acquit or convict,

1552
01:29:41,158 --> 01:29:43,073
there were several
ways of handling it.

1553
01:29:43,116 --> 01:29:47,860
One way was to force
the accused to put his
hand on a... [stutters]

1554
01:29:47,904 --> 01:29:53,344
on a hot-- red, hot iron rod
and then immediately
bind up his hand,

1555
01:29:53,388 --> 01:29:57,174
and three or four days
later take off the bandages,

1556
01:29:57,217 --> 01:30:02,092
and if he-- his hand was clean
and clear and unblistered,
then he was innocent.

1557
01:30:02,135 --> 01:30:07,053
The point was that,
when Brady refused
to engage his own defense

1558
01:30:07,097 --> 01:30:09,578
actively throughout
the Deflategate controversy,

1559
01:30:09,621 --> 01:30:12,145
leaving it to
the lawyers to handle it,

1560
01:30:12,624 --> 01:30:15,497
and essentially saying that he
would settle it on the field.

1561
01:30:15,540 --> 01:30:16,889
There's a sense in which,

1562
01:30:16,933 --> 01:30:19,326
trial by ordeal was
settling it on the field.

1563
01:30:19,370 --> 01:30:23,026
[upbeat music]

1564
01:30:24,419 --> 01:30:26,682
[somber music]

1565
01:30:34,124 --> 01:30:35,560
And we're playing the Falcons.

1566
01:30:35,604 --> 01:30:39,738
And as everyone saw, we were
getting our asses kicked.

1567
01:30:39,782 --> 01:30:42,088
The end of the second half,
my mom was defeated.

1568
01:30:42,132 --> 01:30:43,568
She's texting my uncle,

1569
01:30:43,612 --> 01:30:45,091
"When are we going to get
out of here?"

1570
01:30:45,135 --> 01:30:47,572
[Jerry]
Desperate times.
He needs to move the ball.

1571
01:30:47,616 --> 01:30:50,445
The clock is running, the
Patriots are casual about this.

1572
01:30:50,488 --> 01:30:53,012
It's like they're running
seven-on-seven drills
in training camp,

1573
01:30:53,056 --> 01:30:55,493
and you're going, "Does anybody
care that the clock is running?"

1574
01:30:55,537 --> 01:30:57,452
-[crowd cheering]
-[commentator] Touch-down,
at last.

1575
01:31:01,543 --> 01:31:04,328
Here is Coleman,
end zone, touchdown.

1576
01:31:05,111 --> 01:31:07,026
[David]
One minute left
in the third quarter.

1577
01:31:07,070 --> 01:31:09,725
We're down 28 to three.
Not over yet.

1578
01:31:09,768 --> 01:31:12,075
Like, you guys
have to understand,
this game's still going.

1579
01:31:15,557 --> 01:31:19,474
[shouting]

1580
01:31:20,170 --> 01:31:22,999
He hits Danny Amendola
on a deep cross,

1581
01:31:23,042 --> 01:31:24,348
and now you start to think,

1582
01:31:24,391 --> 01:31:25,915
this actually maybe
could happen.

1583
01:31:25,958 --> 01:31:28,787
[uplifting music]

1584
01:31:28,831 --> 01:31:31,660
The Patriots catch a break,
where the ball's kind of tipped

1585
01:31:31,703 --> 01:31:33,836
and Julian keeps
fighting for the ball.

1586
01:31:34,532 --> 01:31:37,622
He ends up with his
hands under the ball
and he makes the catch,

1587
01:31:37,666 --> 01:31:41,060
and it just didn't seem, like,
possible that he would
make this catch.

1588
01:31:45,064 --> 01:31:48,851
And then, as they put on one
scoring drive after another,
you felt it all change.

1589
01:31:48,894 --> 01:31:52,158
Gotta lock in now, laser focus!

1590
01:31:52,202 --> 01:31:54,900
[David]
Tom Brady really wanted this
game more than anything,

1591
01:31:54,944 --> 01:31:56,380
and if I know one thing
about Tom Brady,

1592
01:31:56,423 --> 01:31:58,251
if he wants something,
he's going to accomplish it.

1593
01:32:00,210 --> 01:32:02,908
They were able to take
everything the NFL did to them

1594
01:32:02,952 --> 01:32:06,608
and spin the table
and counterpunch them,
right back in the solar plexus.

1595
01:32:06,651 --> 01:32:07,609
It was beautiful.

1596
01:32:07,652 --> 01:32:10,742
[crowd cheering]

1597
01:32:14,703 --> 01:32:17,880
You can look into the
Super Bowl as a trial by ordeal.

1598
01:32:19,229 --> 01:32:23,320
That he would, in fact,
make the statement as to
his own guilt or innocence,

1599
01:32:23,363 --> 01:32:24,930
on the field.

1600
01:32:27,019 --> 01:32:30,762
And if we embraced that notion,
that you can make a statement
on the field,

1601
01:32:30,806 --> 01:32:34,984
then Tom Brady made the most
emphatic of statements,

1602
01:32:35,027 --> 01:32:36,028
in his own defense.

1603
01:32:37,029 --> 01:32:38,204
His victory.

1604
01:32:39,554 --> 01:32:42,818
Goodell put a lot
on the line with Deflategate.

1605
01:32:42,861 --> 01:32:45,864
And ultimately,
in a technical sense, he wins.

1606
01:32:46,473 --> 01:32:49,607
Though I think it really
damaged his reputation.

1607
01:32:49,651 --> 01:32:54,133
I think it led to an outcome
that a lot of people think
doesn't make sense.

1608
01:32:54,177 --> 01:32:56,788
And here's the thing.
Brady has taken the high road.

1609
01:32:56,832 --> 01:33:00,618
Personally, I'm an asshole.
I like the low road.

1610
01:33:00,662 --> 01:33:03,708
The low road is a much
easier road to travel,

1611
01:33:03,752 --> 01:33:05,971
you get much better
mileage that way,

1612
01:33:06,015 --> 01:33:07,886
it's where all of
my friends are.

1613
01:33:07,930 --> 01:33:11,934
I think the best revenge
is a life well led,

1614
01:33:11,977 --> 01:33:14,676
and holding up
another Lombardi trophy,

1615
01:33:14,719 --> 01:33:18,462
in the middle of another red,
blue and silver confetti shower,

1616
01:33:18,505 --> 01:33:20,551
is going to be their
revenge in the long run.

1617
01:33:20,595 --> 01:33:26,296
If this happened to Tom
and the Patriots,

1618
01:33:26,339 --> 01:33:29,865
no player and no team
is safe from...

1619
01:33:31,083 --> 01:33:32,650
the whims of the League office.

1620
01:33:32,694 --> 01:33:35,131
I really do think
that in the long run,

1621
01:33:35,174 --> 01:33:37,655
the truth is gonna--
is gonna win,

1622
01:33:37,699 --> 01:33:41,441
and-- and that the facts will
come out and people are smart.

1623
01:33:41,485 --> 01:33:42,834
Collectively, we're smart.

1624
01:33:42,878 --> 01:33:45,141
That's the whole beauty
of the jury system,

1625
01:33:45,184 --> 01:33:47,447
it's that when you put six
or twelve people together

1626
01:33:47,491 --> 01:33:50,886
that don't have
a stake in the dispute,

1627
01:33:50,929 --> 01:33:53,802
that collectively,
more often than not,

1628
01:33:53,845 --> 01:33:55,847
they're going to reach
the right conclusion.

1629
01:33:55,891 --> 01:34:00,678
And-- and I truly believe
that we can get there.

1630
01:34:00,722 --> 01:34:02,288
In this world, we seek justice.

1631
01:34:02,332 --> 01:34:05,683
Thucydides,
the ultimate realist,

1632
01:34:05,727 --> 01:34:08,251
said it best,
when it came to justice.

1633
01:34:08,294 --> 01:34:13,212
He said, "Justice depends
upon the equal power to compel.

1634
01:34:13,822 --> 01:34:17,477
The strong do what they can,
the weak accept what they must."

1635
01:34:17,521 --> 01:34:22,918
In the end, the NFL,
the strong party and power,

1636
01:34:23,440 --> 01:34:25,268
won their court case.

1637
01:34:25,311 --> 01:34:30,882
In the end, the legal verdict
is that Tom Brady cheated.

1638
01:34:32,318 --> 01:34:33,885
That's the legal verdict.

1639
01:34:34,581 --> 01:34:36,279
That's not
the historical verdict.

1640
01:34:36,845 --> 01:34:39,935
History has a way of getting
the last word on these things.

1641
01:34:39,978 --> 01:34:44,983
[uplifting music]