Federal Court Reporter Max Stendahl Live-Tweets Through Deflategate Appeal

First up, questions from the panel of judges for Paul Clement representing the NFL:

Judge Katzmann opens hearing by asking how NFL can justify penalty based on "new factual findings" after Wells report.

— Max Stendahl (@MaxLaw360) March 3, 2016

Judge Chin: Shouldn't Brady have been given notice re destroying cell phone?

— Max Stendahl (@MaxLaw360) March 3, 2016

NFL lawyer Clement: destruction of cell phone amounted to "out and out obstruction."

— Max Stendahl (@MaxLaw360) March 3, 2016

NFL lawyer Clement: destruction of cell phone amounted to "out and out obstruction."

— Max Stendahl (@MaxLaw360) March 3, 2016

Judge Parker: "There was no element of surprise" related to the cell phone issue.

— Max Stendahl (@MaxLaw360) March 3, 2016

Judge Chin notes that first offenses for uniform and equipment violations result in fines. Clement: suspension was for "conduct detrimental"

— Max Stendahl (@MaxLaw360) March 3, 2016

Judge Parker says some might call suspension "draconian." "Why is the inflation level so critical in these games?"

— Max Stendahl (@MaxLaw360) March 3, 2016

Parker questions whether you get "any advantage on the field" from under inflated footballs.

— Max Stendahl (@MaxLaw360) March 3, 2016

Judge Katzmann: "As you know, stickum is prohibited..." Notes "gross disparity" between stickum penalty and Brady's punishment.

— Max Stendahl (@MaxLaw360) March 3, 2016

Parker: Goodeell is "in effect the judge, the juror and -- 'executioner' is not quite the right word -- but the enforcer."

— Max Stendahl (@MaxLaw360) March 3, 2016

Clement: "Every major sport" involves discretion to commissioner on punishments. Must defer to Goodell.

— Max Stendahl (@MaxLaw360) March 3, 2016

Katzmann: Could Goodell have suspended Brady for a year?
Clement: Yes, though that would have been "excessive."

— Max Stendahl (@MaxLaw360) March 3, 2016

Katzmann says he can't find evidence in record that Brady's alleged gifts to ball boys were "inducements" to engage in scheme.

— Max Stendahl (@MaxLaw360) March 3, 2016

Clement: Goodell found Brady's testimony to be not credible. Says court should not "second guess" that finding.

— Max Stendahl (@MaxLaw360) March 3, 2016

That's it for Clement. Some TOUGH questions from the panel. Jeff Kessler up next for Brady.

— Max Stendahl (@MaxLaw360) March 3, 2016

Now it's Jeffrey Kessler's turn to be grilled:

Judge Chin: Brady previously argued equipment policy didn't apply because says nothing about footballs. Asks if position now is inconsistent

— Max Stendahl (@MaxLaw360) March 3, 2016

Kessler clarifies that Wells Report said NFL relied on integrity policy that mentioned PSI. Says he was making "alternative arguments."

— Max Stendahl (@MaxLaw360) March 3, 2016

Kessler: We are focusing on game-related player conduct rules. Accuses NFL of "misdirection."

— Max Stendahl (@MaxLaw360) March 3, 2016

Kessler is very animated. His trademark. Wild gesticulations, raising his voice.

— Max Stendahl (@MaxLaw360) March 3, 2016

Parker calls Brady "one of the most celebrated athletes in the game." But he suggests that this may argue in favor of punishment.

— Max Stendahl (@MaxLaw360) March 3, 2016

Katzmann: Your point is there should be some notice of punishments.
Kessler: Yes

— Max Stendahl (@MaxLaw360) March 3, 2016

Parker, going after Kessler: "Anyone within 100 yards of this would have realized that the cell phone issue raised the stakes in this thing"

— Max Stendahl (@MaxLaw360) March 3, 2016

Parker: Brady's explanation about cell phone "made no sense whatsoever." Chin says it didn't add to punishment. They're being tough on Brady

— Max Stendahl (@MaxLaw360) March 3, 2016

Woah. Judge Chin says evidence of ball tampering was "compelling, if not overwhelming."

— Max Stendahl (@MaxLaw360) March 3, 2016

Katzmann: Language of CBA gives Goodell power over "conduct detrimental." Kessler: Notice of consequences is still required.

— Max Stendahl (@MaxLaw360) March 3, 2016

Parker: "This is arbitration... It's casual. It's sometimes even down and dirty."

— Max Stendahl (@MaxLaw360) March 3, 2016

Kessler: Brady had "heightened privacy concerns" with phone, wasn't warned by Wells.

— Max Stendahl (@MaxLaw360) March 3, 2016

Asked by Chin about Goodell's possible motivations, Kessler says he spent $3m to get a report that said "generally aware."

— Max Stendahl (@MaxLaw360) March 3, 2016

Kessler steps down. That was rough.

— Max Stendahl (@MaxLaw360) March 3, 2016

Clement: Appeals court has history of deferring to arbitrators.

— Max Stendahl (@MaxLaw360) March 3, 2016

TAKEAWAY: Two of the three judges (Parker and Chin) appeared to favor NFL. That's all you need to win. BUT, it's always hard to predict.

— Max Stendahl (@MaxLaw360) March 3, 2016

Thanks folks. And now I defer to legal commentators like @McCannSportsLaw @WALLACHLEGAL @IanPGunn @WerlySportsLaw for further analysis.

— Max Stendahl (@MaxLaw360) March 3, 2016