judge richard berman cited several, quote, significant legal deficiencies in the nfl case.ting quote, because there was no notice of a four-game suspension in the circumstances presented here. commissioner goodell may be said to have dispensed his own brand of industrial justice. in my view, the commissioner has been dispensing his own brand of industrial justice for too long a time. courts and independent arbitrators have had to bring goodell back to the reality of his role quite often of late. his punishments of players have been dismissed or reduced at least on four other occasions in the past three years, so-called bountygate. ray rice, adrian peterson, greg hardy, now tom brady. and within hours today, the nfl offices announced that the commissioner is appealing judge berman's commission. the appeal will only, in my judgment, detract further from the game, tarnish further the shield and not end well for either the nfl or goodell. our quotation of the evening by c.s. lewis who said -- well now, everybody is watching, goodell and company should have read a little more c.

tom brady suspended for what commissioner deemed cheating with the judge richard berman nullified that decision. tom in the field when they play host to the pittsburgh steelers because richard berman nullified roger goodell four-game suspension for the ailinged role in what has been called deflate-gate. the judge writing in part because there was no notice of a four-game suspension in the circumstances presented here, commissioner romg per goodell may be said to have dispensed brand of injustice we caught up with attorney reelward tried cases in front of judge berman and got his reaction. >> does this surprise you? >> it surprises entire legal community. it is rare for a judge to upset an arbitrator decision. >> players association also issued a statement shortly after ruling saying, this decision should prove once and for all that our collective bargaining agreement does not grant this commissioner the authority to be unfair and arbitrary and misleading. won who super bowls for the giants says we cannot underestimate what this means for brady and his legacy. >> no question if he does

the judge, richard berman, he was attacking them.hat they were being questioned in court, tom brady, you know, they compared this to a steroid suspension, a four-game suspension for steroids, and judge richard berman asked the nfl, so you're telling me that if a teammate was generally aware that one of his other teammates was taking steroids, they could get a four-game suspension? and obviously that was not going to hold up. so brady wins this. he's going to be able to play in week one. his only risk now, carol, is that the nfl can appeal to the second circuit court, and if that for some reason is heard during the nfl season and they overturn this decision by richard berman, brady could end up serving that suspension sometime down the line during the season maybe when the patriots are makinga push for the playoffs. that would be the only risk here. as we heard, these things take a long time. the legal experts i talked to said the second circuit court rarely gets to cases like these within six months. so tom brady likely is in the cle

judge richard berman said his decision will come by friday. the patriots play their first regular season game next thursday. >>> and boston is out and los angeles is in. the u.s. olympic committee officially nominated l.a. as its choice to host the 2024 summer games. boston dropped its bid two months ago. los angeles is still vying with paris, rome, paris, and budapest, meanwhile they're scrapping their low gore for the 2020 games. the decision was made after the designer was akujed of plagiarizeing the logo. >>> when we return, bringing breakfast back. mcdonald's will let you enjoy breakfast items no matter what time of the day it is. details in "moneywatch." the dice. it had to be. the only one for me is you. and you for me. so happy together! now there's a rewards program that lets you earn points at one place and use them at another. introducing plenti. discover lots of ways to earn points fast and join for free at plenti.com. >>> well, they're growing in pop lartd and now you can chalk up a new use for drones. he attached a hook, line, an

district judge richard berman says that roger goodell went too far with his own brand of industrial justice and was suspended for his role in deflate-gate and the nfl has filed an appeal of today's ruling and villanova football started tonight at 7:30. >>> adam is here with the accuweather word in for cecily. day five of heat wave we have had enough. >> we have a break the next few days and then the 90s come back on sunday and last the rest of the next week, take advantage of the break. we are tracking a cold front north of the poconos sparking a random thunderstorm in a couple of spots and a closer look at double scan, pressing into northern parts of northampton county and downtown martins creek and winds of 44 miles per hour and 22 lightning strikes if it holds together it could move as far south as bethlehem and maybe skirt parts of the lehigh valley, temperatures though is the big story, sunday we started at 91 degrees and 95 on tuesday and the peak of the heat is on tuesday, 96 degrees the hot of the day of the year in philadelphia so far. the heat index so far 94 in philadelphia and 9

in a 40-page opinion, richard berman wrote, there were legal deficiencies and the league treated himnfairly. they failed to inform him of the stiff punishment he could receive. the league has appealed but brady will still play in the thursday night's opener. >>> when it comes to pope francis, people have come to expect to unexpected. >>> and the pope slipped out of the vatican and made a surprise visit to his optician to get some new glasses. normally they would be delivered but he decided to visit the eye wear shop in person and insisted on paying for them himself and it drew a large crowd. a bigger crowd than usual i imagine outside an eye glass store. >>> you can expect to see a lot of outlandish things at the burning man festival. here's something attendees probably were not really expecting to see. and a dust devil caught on camera by a festival goer. you can see a lot of people stopped to watch the phenomenon. dust devils are small swirls of air that are visible because of the dust and degree. >> now for a look at the weather. steve, dust devils, i guess burning man is even wei

in a 40-page opinion, richard berman road, there were significant legal policies and they failed to inform him of the stiff punishment he could receive. the league has appealed but brady will still play in the season opener. >>> and the pope slipped out of the vatican and made a surprise viz toot his optitian to get no glasses. normally they would be delivered but he decided to visit the eye wear shop in person and insisted on paying for them himself and it drew a large crowd. >>> you can expect to see a lot of out landings things that burning vestful. and a dust devil caught on camera by a festival goer. dust delve vils are small swirls of air. i don't know about you, but i'd been running the other direction, but i wouldn't be at running man anyway. >>> luckily, it looks like we won't see a whole lot of activity in that nature in the southwest. and the good news with this forecast is many of us are in great shape for the get away forecast this weekend. in the 70s and 80s after that 96 degree high in philadelphia. so, summer still going strong in some parts of the country. and the north an

judge richard berman noted in a 40-page decision today that brady had no notice he could be suspended for four games for being generally aware of ball deflation. the judge also took up with the attempt to equate deflating the football to using performance enhancing drugs. he zeroed in on the discipline process noting that roger goodell, quote, dispensed his own brand of industrial justice. and that line got virtual high fives from nfl players all over social media who recognized this as a victory, not just for brady, but for the players' union. so brady's free to play this season for the patriots, but we are not yet done with deflate deflategate. goodell says we respectfully disagree with today's decision. we will appeal today's ruling in order to uphold the responsibility to protect the integrity of the game. >>> but the players' association counters the decision should prove once and for all that our collective bargaining agreement does not grant this commissioner the authority to be unfair, arbitrary and misleading. and wouldn't you know, brady and the patriots wrap up their presea

someone posted a picture of a dunkin donuts in maine saying the judge, richard berman, can have free coffee for life. the now famous court sketch of tom brady had a new look. someone added a smile to it. and the patriots didn't have to say a word, they just posted a picture of a triumphant brady on their twitter page moments after the decision. >>> on the cbs "moneywatch," tech giants own up to bad hiring practices and holiday season toys come out in full force. jill wagner is at the new york stock exchange with that and more. good morning, jill. >> good morning, marlie. this morning the labor department releases the august jobs report. it will likely be a key gauge of how the economy is doing. a critical part of the equation as the federal reserve considers its first interest rate hike since 2006. analysts say 220,000 jobs were created and the unemployment rate fell to 5.2%. the fed holds its next two day meeting on september 16th. >>> as investors on wall street wait for the jobs report stocks finished mixed yesterday. the dow gained 23 points. the s&p added 2 points but the nasdaq

judge richard berman says he will make a final decision by tomorrow on whether to uphold tom brady'suspension. the nfl wants the new england patriots quarterback banned for four games for his role in the deflategate scandal. berman urged both sides to come to a settlement, but no deal was reached. >>> and monday's court proceedings were a shot at redemption for sketch artist jane rosenburg. her botched drawing of brady a few weeks back took the internet by storm. now she says monday's drawing wasn't so great either because her view of brady was blocked. i think it was much better, though. >>> serena williams is one step closer to history this morning. the spotlight is on williams at this year's u.s. open. if she wins this tournament she will be the first woman to win all four grand slam events in a calendar year since 1988. williams a has no problem in her opening round match and she doesn't lose a game to diatchenko. >>> manny to center field. kiermaier is back on it. he is at the wall. he leaps and he's got it! what a play by deer mykiermaier >> reporter: kiermaier robs manny macha

the preseason game in foxborough late this afternoon has the four-game suspension overturned by richard berman premised upon several legal deficiencies, not the least of which was the court deciding nfl commissioner roger good deal overstepped his authority. the league will, of course, appeal saying while the legal phase of this process continues, we look forward to focusing on football and the opening of the regular season which starts one week from today in foxborough with the patriots with brady, a game the nfl says goodell will skip. we have seen this battle from the field to manhattan, both sides walking in and out of a courtroom then the ruling today. the court's decision to overturn the nfl commissioner should signal to every nfl owner that collective bargaining is better than legal losses. that is from the player's union. everybody had their deflate opinion. everybody tried to brush up on the psi knowledge. tom brady held to one premise, di nothing wrong. patriot owner tom craft said he is a person of the highest integrity. he represents everything great about this game and league. the

the judge nullified, judge richard berman, nullified the suspension. i was shocked. i'm not saying i expected it to be four games. but to be completely nullified is shocking to me. quite frankly, i don't think it makes a lot of sense. but the judge made his decision, and they have to move forward right now. brady is going to be playing every game this season. kerry: beginning september 10th. you talked about moving forward. what is the nfl planning to do in terms of an appeal? russ: no surprise. goodell said they would appeal. that was going to be expected had the judge ruled in favor of the nfl, brady would have appealed. this is something that was expected. and, you know, now you're talking about a situation that could take anywhere from six to to -- six months to a year. we could be talking about this a year from now. kerry: crazy. let's talk about roger goodell. how will this affect his future as commissioner? >> russ: i don't think it did. i think people have to remember something here. it's not just about deflategate. roger goodell is not the guy who beat his w

. >> reporter: in a 40-page opinion, judge richard berman wrote there were significant legal deficiencies and the nfl's action against brady and that the league didn't treat him fairly including its failure to inform brady that his alleged misconduct could lead to the stiff punishment he received. >> the judge vacated the suspension because the nfl violated the process, not necessarily because they found tom brady innocent of deflating footballs. >> reporter: the nfl has already filed an appeal with goodell vowing the league must protect the integrity of the game. >> when roger goodell took the commissioner's job nine years ago, one of the things he said is that everything is on the table, i'm looking at everything. well, he needs to look at the discipline policy right now because it's not working. >> reporter: one week from tonight tom brady will be back on the field for the patriots' season opener against the pittsburgh steelers with more than a super bowl to celebrate. and late tonight an nfl source tells nbc news that goodell will skip that season-opening game for the patriots at gill

tonight, tom brady arriving at foxboro stadium ahead of the preseason finale, smiling because judge richard berman who presided over his case nullified his four-game suspension based not on what brady did or didn't do, but more on the lack of notice to brady and his legal team and on the nfl's denying access to investigative files. tom brady will be on the field against the steelers next thursday night here on nbc 10. >>> the league released a statement saying they disagreed with the judge's decision and this afternoon, they officially appealed the ruling. >>> now to the game on the field. eagles and jets play their preseason finale on nbc 10. john clark is at met life stadium. >> reporter: the only starter who will play is kiko alonso, hopefully going to make his eagles debut and start a couple of series. he's coming off the torn acl last year, had a concussion in training camp, then last week had tepd ndonitis in that same knee. tonight, matt barkley will start and play probably most of the first half, then it is tebow time to see if he can stay in the nfl and beat out matt barkley. i'm john cla

judge richard berman took aim at the way the nfl handled the controversy, saying commissioner roger goodellar requested access to key files and witnesses and saying the quarterback didn't have notice of his potential punishment for his alleged role in deflate-gate. but the judge, not resolving one critical aspect of deflate-gate, not addressing whether brady actually knew about or encouraged football tampering. >> if you're a patriots fan, you love brady and you're cheering today. if you're around the rest of the country, you're wondering, hey, did a cheater just get away with this >> reporter: the reactions pouring in. teammate rob gronkowski tweeting, "let's go!" brady's players union claiming victory, saying goodell doesn't have the authority to be unfair, arbitrary and misleading. but the nfl appealing to protect the integrity of the game. the nfl's appeal won't stop him from playing in their first regular season game right here this time next week. ryan smith, abc news, foxborough, massachusetts. >> and you were very bold. you put brady in your fantasy football picks. >> yeah. because

district judge richard berman was not given notice that, "general awareness of a scheme to deflate footballs would warrant a four-game suspension. and denying brady access to the wells report along with the chance to examine a went were fundamentally unfair. berman said commissioner roger goodell dispensed his own brand of industrial justice. dan shaughnessy writes for the "boston globe." >> i think i'm surprised at the totality of the verdict. it's such a smack-down of roger goodell and the nfl. there's nothing ambiguous about the verdict at all. >> reporter: brady insisted all along that he had nothing to do with deflating footballs below league standards at last season's a.f.c. championship game. in handing out his original four-game suspension, goodell said brady not only participated in the scheme but hampered the investigation by destroying his cell phone. today's ruling makes no judgments on brady's actions, just that the star quarterback was treated unfairly through much of the process. scott zolak is a radio host and former patriots quarterback. >> it's going to be tough for the com

judge richard berman took aim at the way the nfl handled the controversy, saying commissioner roger goodell denied the star requested access to key files and witnesses and saying the quarterback didn't have notice of his potential punishment for his alleged role in deflategate. but the judge, not resolving one critical aspect of deflategate, not addressing whether brady actually knew about or encouraged football tampering. >> if you're a patriots fan, you love brady and you're cheering today. if you're around the rest of the country, you're wondering, hey, did a cheater just get away with this? >> reporter: tonight the reactions pouring in. teammate rob gronkowsji tweeting, "let's go!" brady's players union claiming victory, saying goodell doesn't have the authority to be unfair, arbitrary and misleading. but the nfl appealing to protect the integrity of the game. brady's patriots playing in their final preseason game tonight and the nfl's appeal won't stop him from playing in their first regular season game right here this time next week. david? >> ryan smith tonight, thank you. >>> there'

been a bit of a shock to some, but for those of us who have been watching and listening to judge richard berman this is exactly what he's limited at for weeks. he didn't say tom brady was innocent or didn't know the footballs were deflated. the judge just says the nfl doesn't have the power to suspend brady for deflategate. in a 40 page document the judge lays out the legal deficiencies of the nfl's case. this deals a serious blow to the power of the league. it marks the fourth time since 2012 the nfl has lost legal battles for excessive penalties on players, but this is not over. the nfl will appeal the decision, of course, and there is a possibility if the nfl wins on appeal, brady will be serving his suspension later in the year. later in sports we'll find it out what this ruling means for the league moving forward. >> all right, steve, thanks so much. >>> in campaign 2016 news donald trump says he'll stay loyal to republicans even if he does not become the nominee. the gop front runner threatened to run as an independent but today signed a party pledge vowing to stay faithful. >> the best w

the judge richard berman encourage both sides negotiate but some sort of deal the dice judge will nowetime between tomorrow and friday fidel presided over brady's appeal earlier this summer and upheld his own original ruling that of their association was still at the suspension of thrown out meanwhile brady's sketched today is seen on the right at nearly generating as much buzz the sketch that was on the left. redemption you might say for j rosenberg definitely has a more have since today opposed to before internet much orchitis she got the double chin verses were sitting right there compared to each he quasimodo others not so dreamy characters. . >> pam:lots of stand out moments at last night's 's m-t-v video music awards. but one of the biggest. dominating social media. involved kanye west. for his presidential declaration! the insider's louis aguirre is tracking it all from los angeles. pam. could yeesuz be the donald trump of music? we go inside his past public displays of emotion, as klassic kanye steals the vma spotlight. again! and yes, as you probably could have guessed by thi

public relations man, richard berman. >> chipotle tried to create a health halo. he has been the subject of web sites and articles himself. the center got its start with the donation from philip morris. to fight anti-smoking regulations in bars and restaurants. he now has a host of nonprofits, funded by donations from food companies and others. and his targets include unions to humane society to mothers against drunk driving. in 2007, he was profiled on "60 minutes" sitting down with morley safer. >> let me take you through things critics have said -- sleazy, greedy, outrageous, deceptive, corporate lackey one of the scariest people in america. >> you know, i grew up in the bronx. name calling is not the worst thing i have been subjected to. >> reporter: one of the central criticismses against berman is the fact that corporate donations to his nonprofits are anonymous. watch dog group center for media and democracy obtained this awedy tape of berman add an oil and gas industry retreaten june last year. >> we run all of this stuff through nonprofit organizations th

public relations man, richard berman. >> chipotle tried to create a health halo over their business. and i don't think it is any worse or better than any other mexican food. >> reporter: if berman's name sounds familiar, it might be because he has been the subject of many web sites and articles himself. the center got its start with the donation from philip morris. to fight anti-smoking restaurants. he now has a host of nonprofits, funded by donations from food companies and others. and his targets include unions to humane society to mothers against drunk driving. in 2007, he was profiled on "60 minutes" sitting down with morley safer. >> let me take you through things critics have said -- sleazy, greedy, outrageous, deceptive, corporate lackey one of the scariest people in america. >> you know, i grew up in the bronx. name calling is not the worst thing i have been subjected to. >> reporter: one of the central criticisms against berman is the fact that corporate donations to his nonprofits are anonymous. watch dog group center for media and democracy obtained this audio tape of berm

judge richard berman says nfl commissioner roger goodell went too far in the punishment of the superuarterback. brady insisted he played no role in the conspiracy to deflate footballs below allowed limit last january. the judge said the league is wrong and brady can play on. more reaction when we get it here in "america's newsroom." martha: first we want to get back to this story today. outrage after the image of a drowned little boy becomes a haunting symbol of the refugee crisis in europe. we believe this little boy's name is ailan kurd did i. he was three years old. multiple reports that he and his family were in a roy boat escaping from kobani over to syria. the city of kobani has been ravaged by isis attacks. the family tried to reach greece when their boat cab sized. the body washed ashore in bagram, turkey. this is one of 11 million refugees fled from syria in the outbreak of the civil war there. the u.n. also believes that at least 200,000 syrians have been killed since those deadly up ridings began more than four years ago. lieutenant colonel oliver north, fox news military

we have about 30 seconds, did judge richard berman get it right?id the right thing. tom brady has already scored his vague win. >> you know, thank you both for being with us. we want to say thank you for you have a great labor day weekend. we thank you for being with us. good night from new york. >> so you believe that they are losing? >> no, i do not. lou:. stossel: the world has big problems. water shortages, overfishing fishing used to be big but not anymore. the cost of health health care, poverty, and people who cheat people. >> you are a piece of work. >> americans assume that there is another way. private solutions. >> the person that goes to syria or iraq or egypt to help.

during the court hearings involving brady and nfl commissioner roger goodell, federal judge richard berman asked tough questions about the validity of the wells report stating brady was probably aware of the scheme to deflate footballs during the game last january against the indianapolis colts. in today's decision, the judge ruled the award is premised upon several legal deficiencies including inadequate notice to brady of his potential discipline and his alleged misconduct. denial of the opportunity for brady to examine one of the two lead investigators and lastly, denial of equal access to investigative files including witness interview notes. the judge stated the court denies the management counsel or nfl motion to confirm the award and gratis the players association motion to vacate the award there bay vacating the suspension of tom brady effective immediately. what the decision indicates is that the nfl did not adequately prove its case against tom brady. it does not say that brady is guilt free of any awareness of the scheme to deflate the footballs in the championship game. tom bra

lou: with that two pounds richard berman the judge said, in his courtroom, you know, the fact of theaster is -- mat ser the report that ted wells report that nfl spend millions of dollars to have put together. he said it does not make sense. he said that in court. pointing out tom brady was throwing better with a fully inflated ball in the second half. >> he could have probably play better in the first half if the balls were fully inflated. lou: can you imagine what his stats would look like, harry, which way do you think it will go? >> one game. lou: all right, one game. >> i'll come back and talk to you about "concussion." lou: we've talked about it over the years. >> i was talking about the movie,. lou: oh, thank you. lou: oh, thank you. lou: we'll have a lot more on you can't breathed. through your nose. suddenly, you're a mouthbreather. well, just put on a breathe right strip which instantly opens your nose up to 38% more than cold medicine alone. shut your mouth and say goodnight mouthbreathers. breathe right lou: i'm lou dobbs welcome to our coverage of today's market sell-off

was being accused of and what the consequences might be, a violation of rights so basic judge richard berman said nfl commissioner roger goodell may have an said to be dispensing his own brand of industrial justice. the nfl said it would appeal but not seek a stay of the judge's ruling, leaving brady free to play a week from tonight when the patriots open their season against pittsburgh. >> a little surprised but there is nothing we can do about it. we have to be prepared to play against tom and the crew up there in new england. reporter: patriots fans rejoiced. >> i was confident from the beginning he didn't do anything. reporter: they showed a photo of brady pumping his fist. jonathan: he wins the super bowl, he was the court case, he wins everything. a live look at fedex field. rg iii has not won anything yet. he is doing his pregame warm-up. is he playing? i don't think so. redskins are taking on the jaguars in the final preseason game but that is not the only reason the team is in the news. the tweet that has the gm's wife and a mess. this is embarrassing. kimberly: each day it is somet

in the ruling issued thursday morning, judge richard berman determined that nfl commissioner roger goodell violated the league's collective-bargaining agreement with the players union and did not have authority to carry out a suspension. his ruling concluded with, "brady's four-game suspension is vacated immediately." he was suspended back in may in the role of the alleged deflategate scandal. the nfl accused brady endeavors of the patriots of knowingly deflating footballs below league limits during last year's afc championship game to get a competitive edge. brady has denied any wrongdoing. in a statement thomas -- the mission or bedell says "we are grateful for the judge hearing this matter, but respectfully disagree with the decision. " >> a federal judge is reluctant to reverse an arbitrary ruling. now it is the nfl that is going uphill. tom brady all likelihood will get to play while this case is going on. reporter: the patriots open on september 10 against pittsburgh. now with number 12 leading the way. kimberly: right now the redskins are gearing up for their final preseason game. j

thursday brady's suspension that the nfl says were deflated footballs was terminated by the judge richard bermand saying that i want to thank my fans, past and current players and everyone that has given me support in this challenging experience. i want to thank the judge and the staff for resolving the matter over the past five weeks. i am very grateful. it may not be over for new england patriot quarterback the guy we were just talking about. the nfl is appealing. let's bring in the legal guys. avery a civil law o official is from cleveland and richard herman a new york criminal attorney and law professor. she joining us from miami. it's good to see both of you guys. i have missed you guyed. >> it's good to see you too. your legal minds are wasted on the subject. that's it. i am sure that you're the ones that brought it up. let me ask you avery do you agree with what the judge has now ruled? >> i love this opinion. i think over the hayes and fog of the nfl commissioner we have high definition clarity. when the judge talked about something and i have not seen any commentary on it and the law of

of federal judge, richard berman, his four game suspension, deflategate scandal, tom brady will be in the center unless he plays out of the shotgun. we always use the other's center. commissioner went too far. the nfl has already appealed the ruling. i talk to some of my friends who have been there before. one of my friends said this is what you do, very big surprise. hardly ever do you see a judge overturned. robert: is questioning in those hearings indicated that. duke: jason pierre paul returning to the giants, first time he will examine injuries from july 4th fireworks accident in which he lost his right index finger. can you believe the doctors haven't seen him yet. still ahead, the franchise deal with the team, pierre paul salary. the giants were in foxboro last it was so exciting. seven field goals. juliet: cheating coming out. duke: they had better be on the straight and narrow this year. they have done it repeatedly had nothing changes. chris boswell kicking for the giants. his fourth field goal from 41 years scout, the giants win 12-9. as for the jets in their final preseaso

judge richard berman wrote in his decision to vacate the four- game suspension that it was premised upon several significant legal deficiencies including inadequate notice to brady of both his potential discipline and his alleged misconduct. denial of the opportunity for brady to examine one of two lead investigators and denial of witness interview notes. the judge's decision did not clear brady of wrongdoing in the alleged scheme to deflate footballs used in the afc championship game against the colts in january. but the ruling faults the process used. after the suspension was overturned, politics and football had a mini merger when donald trump called tom brady's mom to offer congratulations. >> tom brady is a good friend of mine. he is a great guy. for those of you who don't know him, he is an honorable guy and truly great athlete. >> reporter: the ruling went viral on twitter as chimers -- others chimed in. >> the decision has been made. let's look forward to an nfl season of integrity from all teams. >> reporter: janice says i think it's terrible that tom brady gets way with cheatin

that's because federal judge richard berman nullified nfl commissioner roger goodell's four-game suspension for the alleged role in what has been called deflategate. deflating of footballs. the judge writing: >> shortly after this ruling, we caught up with attorney earl ward who has tried multiple cases in front of the judge and got his reaction. does this surprise you? >> this surprises me and i think it surprises the entire legal community. it's very rare for a judge to upset an arbitrator's decision. >> reporter: the nfl players association issued a statement shortly after the ruling saying: >> sean, who played 22 years in the nfl and won two super bowls with the giants, says we cannot underestimate what this means for brady and his legacy. >> there's no question if this is upheld where he does not have to take a suspension, you know, there'll be no blemish. >> reporter: a talk show host says even though goodell is 0 for 5 in federal court appeals cases, the league's 32 owners won't lose confidence in him. >> you know why? money. he makes a hand over fist amount for the owners. years ago

district judge richard berman overturned that suspension, saying basically brady did not receive due process. joining us now from atlanta, hall of fame quarterback fran tarkenton. you're sympathetic to brady, right, jim? >> yes, i am. never should have happened. didn't occur. he did nothing wrong. the nfl admitted their top lawyer went under pressure from judge berman said they had no direct evidence. it never should have gotten to this point and it was wrong from the beginning. >> you say he did nothing wrong. but you couldn't possibly know that. because you weren't in the locker room. and, you know, the other side says he did do something wrong. they couldn't possibly know that either, because there really isn't any witness that came forward and said tom brady ordered this. a lot of innuendo, is there not? >> i'm just judging from the direct evidence, just like the judge did, even though that wasn't what he was trying to figure out. that was the line of questioning. the direct evidence points to absolutely no involvement -- >> there isn't an eyewitness -- it's all circumstantial ev

district judge richard berman speaks volume. commissioner goodell said to dispense his own brand of justice. today's ruling doesn't prove that brady had nothing to do with deflated balls. it means the commissioner overstepped his authority by handing down an arbitrary four- game suspension. the league disagrees. again, we will appeal today's ruling in order to uphold the collectively bargained responsibility to protect the integrity of the game. brady wasn't aware of the punishment he faced. he was denied access. that's what the ruling states. the four game suspension ordered to be erased immediately. the player's union responds. this decision should prove once and for all that our collective bargaining agreement does not grant this commissioner the authority to be unfair, arbitrary and misleading. the patriots play the giants in a preseason game tonight. bob craft said of judge berman, we are gratefully appreciate eave of him. now we can return the focus to the field. suspension overturned, appeal will go through. the league sa