Brady, NFLPA to file appeal for rehearing of Deflategate case


New England Patriots quarterback Tom Brady will file an appeal on Monday for a second hearing by the second U.S. Circuit Court of Appeals of the case regarding his four-game ban for his apparent role in the Deflategate scandal.

NFL Players Association attorney Theodore B. Olson confirmed the intention to appeal in an interview with ABC News.

Monday is the extended deadline for an appeal to be filed after his ban for his alleged involvement in the saga was reinstated by the Court of Appeals last month.

Brady was initially hit with the ban last May, with a report finding it was "more probable than not" that he was generally aware of footballs being illegally deflated below league standard.

The suspension was thrown out that September by a federal judge, who cited a lack of fair due process for Brady.

New England were caught with under-inflated footballs during the Patriots' AFC Championship game victory over the Indianapolis Colts in January 2015.

"The facts here are so drastic and so apparent that the court should rehear it," Olson said.

"Our two primary arguments are that the [NFL] commissioner [Roger Goodell] in the first place conducted an investigation and then the commissioner imposed discipline.

"Then the commissioner appointed himself as an appellate judge or an arbitrator and then decided something new in the appellate process, abandoning the grounds that were the original basis for the supposed discipline.

"That's number one, and an appellate judge is supposed to look at the record and make a decision on the basis of what happened before. He departed from what happened before.

"Secondly he ignored important provisions of the CBA [collective bargaining agreement] about discipline that might be imposed for equipment violations. He departed from that completely and went off the track."

Brady will miss games with the Arizona Cardinals, Miami Dolphins, Houston Texans and Buffalo Bills if his ban remains in place.