DeflateGate Appeal: Patriots Unsure About Tom Brady’s Availability For Season Opener

It's unclear if Tom Brady will be in the Patriot's lineup in season-opener as his appeal on his four-game DeflateGate suspension is being heard by NFL Commissioner Roger Goodell.

Super Bowl champions Patriots host the the Pittsburgh Steelers in the NFL's season-opening game on Sept. 10.

The appeal was made by the players' union on behalf of the New England Patriots' four-time Super Bowl-winning quarterback.

Goodell is not expected to rule this week and the hearing is to resume Thursday if it does not conclude 

Tuesday. In fact, it could take several weeks for a decision to be made.

Brady was suspended by the NFL after an investigation led by Attorney Ted Wells concluded that he was probably aware about the use of improperly deflated footballs in their win over the Indianapolis Colts in the AFC title game.

However, the league made it clear that Brady's punishment was based also on Brady's refusal to turn over the electronic evidence requested by Wells during the investigation. 

Observers say that the union  would not be satisfied if Goodell merely reduces the suspension and may 
take the case to court. 

The so-called Defalategate issue is tainting Brady's stature as a potential Hall-of-Famer, having won 
the Super Bowl four times on top of being a three-time Super Bowl MVP and two-time NFL MVP.

But a court proceeding could be lengthy and would not immediately enlighten the Patriots about Brady's status for the season opener.
 
The NFL paid Wells, who will attend the hearing, and his firm around $5 million to conduct the investigation, which took months and resulted in a 200-plus page report now criticized for being based on faulty science.

American Enterprise Institute researchers came up with a study last month debunking much of the scientific basis found in the Wells Report.

On the other hand, Patriots owner Robert Kraft revealed Tuesday that he will not appeal the penalties slapped on the the team, which are the loss of a 2016 first-round pick and a 2017 fourth-round pick as well as a $1 million. 

Kraft said this will end the bickering between the Patriots and Goodell.

Kraft's stand has no bearing on quarterback Tom Brady's appeal of his suspension.