[John_W]

Originally Posted by janmcn

Tom Brady refusing to cooperate? Based on what? This investigator does not have subpoena power, so he just wanted Brady to turn over his cell phone and text messages?

Brady is half of one of the highest profile couples in the country. How much would those emails and text messages fetch on the open market from the likes of the National Enquirer? Who would trust the NFL to protect their privacy in this day and age?

From NBC Sports dated May 8, 2015:

Got incriminating info on your phone? Refuse to provide it. Know things that would tend to point toward guilt? Refuse to talk, or at least refuse to answer certain questions.

Some fans think that’s OK, spouting off principles that apply only in the context of criminal prosecutions. But the right to remain silent, the presumption of innocence, the requirement of proof beyond a reasonable doubt, and all other Constitutional protections only matter when the outcome is prison or death.

For workplace investigations, the employer makes the rules. And when the employer expects cooperation, anything other than significant sanctions for failure to cooperate will invite others to refuse to cooperate.

During the various significant NFL investigations in recent years, cooperation has been consistent, and automatic. The Saints cooperated when the NFL was investigating the bounty case. The Ravens cooperated when the NFL was investigating the Ray Rice elevator video. The Dolphins cooperated when the NFL was investigating the bullying scandal — with the exception of trainer Kevin O’Neill, who expressed hostility to the investigation and later was fired.

Per multiple sources, Ravens employees automatically and without hesitation surrendered their cell phones for forensic examination that entailed a specific search for certain recipients and phrases. The procedure balanced the needs of the investigation with individual privacy rights.

Here, multiple individuals chose to extend their privacy rights so broadly that it interfered with their obligation to cooperate with their employer. Separate from whatever the Patriots did or didn’t do to the footballs, the failure to cooperate requires punishment, or others will do the same thing in the future.