Tom Brady appeals ‘deflategate’ suspension; Goodell will handle appeal

The NFL Players Association on Thursday filed an appeal of the NFL’s four-game suspension of New England Patriots quarterback Tom Brady.

The NFLPA requested an independent arbitrator to hear the case, but NFL officials said Thursday night that commissioner Roger Goodell will handle the appeal, which he is permitted to do according to terms of the league’s collective bargaining agreement.

NFL spokesman Greg Aiello confirmed six hours after the union filed the appeal before the 5 p.m. ET deadline that the commissioner will preside.

“Commissioner Goodell will hear the appeal of Tom Brady’s suspension in accordance with the process agreed upon with the NFL Players Association in the 2011 collective bargaining agreement,” Aiello said.

Brady was suspended for his role as the alleged ringleader of team equipment managers who intentionally lowered the air pressure in footballs. Brady did not fully cooperate with the NFL’s third-party investigation led by Wells, according to a 243-page report outlining the offenses.

“Given the NFL’s history of inconsistency and arbitrary decisions in disciplinary matters, it is only fair that a neutral arbitrator hear this appeal,” the NFLPA said. “If Ted Wells and the NFL believe, as their public comments stated, that the evidence in their report is ‘direct’ and ‘inculpatory,’ then they should be confident enough to present their case before someone who is truly independent.”

In the public report issued April 29, investigators said it was “more probable than not” that Brady “was at least generally aware” that team employees were instructed to prepare the balls to his liking. They inflated the balls below the league minimum of 12.5 pounds per square inch.

Brady’s agent, Don Yee, called the investigation biased and the original in-game testing of footballs in the AFC Championship Game in January a “sting operation” orchestrated by the league.

Wells lashed back Wednesday, saying the investigation is based on facts and evidence, and further inviting Yee to share the full transcript of Brady’s testimony.

Brady is represented by experienced labor attorney Jeffrey Kessler, an established NFL nemesis who has worked with players in the past, including the lockout of 2011.

The Patriots have not indicated whether they plan to appeal a $1 million fine and the loss of a first-round draft pick next year and a fourth-rounder in 2017, although they issued an online rebuttal to the Wells report on Thursday.