Examining the Wells Report on Deflategate
ASHLEIGH BANFIELD, CNN HOST: It almost sounds like the same thing but you're totally arguing a different angle here. Mel, what's wrong with the report?</s>MEL ROBBINS, CNN LEGAL ANALYST: Well, what's wrong with the report Ashleigh is that the report doesn't go far enough. The report uses what is actually civil legal language which is the preponderance of evidence. And it kind of basically concludes that hey, it's more likely than not that this happened when in fact the 243 page report is an indictment that is full, not only of text messages and timelines and all kids of arguments Ashleigh. But if you look at the back of the report, if you look at page 114, there is a 68 page very technical, scientific and statistical takedown of the Patriots ideal gas theory defense which is basically, hey, when the temperature drops, the pressure changes, they debunk it. Not only did they debunk it. They said concluded Ashleigh to a 99.6 percent probability that they cheated, that this was done by human intervention. And so, I'm disappointed in this report because the language is so light footed. They should have come out and said, "We have irrefutable evidence that the Patriots cheated and the two knuckleheads that were working in the locker room, we've got their text messages back and forth with each other and with Tom Brady. And it shows that they all knew what was going on Ashleigh.</s>BANFIELD: Well, hold on, those two knuckleheads, you named them, Jim McNally and John Jastremski, I hope I'm pronouncing that right. What did they say to each other in text messages that was so damming?</s>ROBBINS: Well, McNally refers to himself as the deflator. And the other guy is clearly the fixer. And he's talking about the fact that he's going to give him long needles this weekend. And then when he says, "I'm going to give you the needles" which he's going to be sticking into footballs to deflate them, the McNally, the deflator as he refers to himself, says, "OK, make sure you've got tennis shoes and that you've got the stuff that I want that's autographed." And so, there's this back and forth where they are clearly arranging to deflate balls. The McNally who is going to deflate them is being told he's going to get paid off with size 11 tennis shoes and autographed jerseys and they joke and around and basically say, "OK, great" because if you don't, I'm going to make these rugby balls which of course are much bigger and more inflated than the footballs.</s>BANFIELD: That's pretty damming.</s>ROBBINS: You know what else is pretty damming, Ashleigh...</s>BANFIELD: Well, hold on, before you go on to the next thing, before you -- I want to read your own words in your up ed today, "The Wells Report may use legalese that sounds like "probable cause" but make no mistake, this is not a criminal matter in a court of law. And different rules apply in business." So Mel, what does that mean? Are you saying that the NFL has a different standard and it needs to stick by it and has need to rules (ph)?</s>ROBBINS: Yeah. I mean look, in the scheme of life, is this a big deal? Of course not. In the scheme of right and wrong, the Patriots cheated and they broke the rules and they did so flagrantly. And yes, Goodell does need to do something and they have more than proving this more likely than not, they have irrefutable evidence. And here's another piece and this is where, you know, look, take a look at the facts, read the report and then use your common sense. Tom Brady, the superstar quarterback three days before the investigation kicks off, he claims that he doesn't even know who these two knuckleheads are. And then surprisingly spends 55 minutes on the phone with one of them over three different mornings. Now, do you think that this star quarterback is going to give his personal cellphone number to an assistant equipment manager that he claims he doesn't know unless he's on it? Of course not. Look at Tom Brady's own behavior, yes.</s>BANFIELD: He doesn't look very good. Your piece is fantastic and I can hear your voice in the piece. So thank you so much and we'll talk soon Mel.</s>ROBBINS: Great to see you Ashleigh.</s>BANFIELD: You too, always great to see you Mel. Up next. Police and prosecutors are supposed to be on the same side. But all bets are off now in Baltimore where police say those charges that were filed in Freddie Gray's death are not backed up by the facts from the police. We'll explain it next.