From my crash course in law over the past six months I’ve gathered that he would have to prove intent to do harm which can be difficult to do. Doesn’t mean it’s impossible, but what you’re looking at is showing Kensil (or whoever) at the NFL offices specifically planted some of the stories, like the Judy Batista NFL.com one, to make Brady look bad. I mean, there’s little doubt they did just that, but then you’re getting into reporters giving up their sources and that’s always a tough road to go.
I think ultimately Brady just needs to focus on the suspension at hand, because even if Judge Berman wipes it out the appeal will drag on into next year. Does Brady want to put another trial on top of that? I’d guess no.
And really, I think there’s been plenty of damage done right back on the NFL with the way they’ve handled it. We’re seeing it today with Mike Freeman’s article that even the owners aren’t too happy.