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Tom Brady and Roger Goodell in court for 'Deflategate'

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A Willing Deflategate Settlement Seems Unlikely

NEW YORK (AP) -- A federal judge put the NFL on the defensive over its four-game suspension of New England Patriots quarterback Tom Brady on Wednesday, demanding to know what evidence directly links Brady to deflating footballs and belittling the drama of the controversy.

"What is the direct evidence that implicates Mr. Brady?" Judge Richard M. Berman in Manhattan repeatedly asked NFL lawyer Daniel L. Nash at the first hearing in the civil case in federal court in Manhattan, which was attended by both Brady and Commissioner Roger Goodell.

Photos from outside the courthouse:

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Tom Brady and Roger Goodell in court for 'Deflategate'
NEW YORK, NY - AUGUST 12: New England Patriots' quarterback Tom Brady arrives at federal court to appeal the National Football League's (NFL) decision to suspend him for four games of the 2015 season on August 12, 2015 in New York City. The NFL alleges that Brady knew footballs used in one of last season's games was deflated below league standards, making it easier to handle. (Photo by Andrew Burton/Getty Images)
New England Patriots quarterback Tom Brady arrives at federal court, Wednesday, Aug. 12, 2015, in New York. Brady and NFL Commissioner Roger Goodell are set to explain to a judge why a controversy over underinflated footballs at last season's AFC conference championship game is spilling into a new season. (AP Photo/Mary Altaffer)
Christopher Russell, of Brooklyn, N.Y., and Enid Peralta, of Queens, N.Y., wear deflated football hats outside federal court, Wednesday, Aug. 12, 2015, in New York. New England Patriots quarterback Tom Brady and NFL Commissioner Roger Goodell are set to explain to a judge why a controversy over underinflated footballs at last season's AFC conference championship game is spilling into a new season.(AP Photo/Mary Altaffer)
A fan wearing a "Free Brady" T-shirt stands outside federal court, Wednesday, Aug. 12, 2015, in New York. New England Patriots quarterback Tom Brady and NFL Commissioner Roger Goodell are set to explain to a judge why a controversy over underinflated footballs at last season's AFC conference championship game is spilling into a new season.(AP Photo/Mary Altaffer)
NFL Commissioner Roger Goodell arrives at federal court, Wednesday, Aug. 12, 2015, in New York. New England Patriots quarterback Tom Brady and Goodell are set to explain to a judge why a controversy over underinflated footballs at last season's AFC conference championship game is spilling into a new season.(AP Photo/Mary Altaffer)
NFL Commissioner Roger Goodell arrives at federal court, Wednesday, Aug. 12, 2015, in New York. New England Patriots quarterback Tom Brady and Goodell are set to explain to a judge why a controversy over underinflated footballs at last season's AFC conference championship game is spilling into a new season.(AP Photo/Mary Altaffer)
New England Patriots quarterback Tom Brady arrives at federal court, Wednesday, Aug. 12, 2015, in New York. Brady and NFL Commissioner Roger Goodell are set to explain to a judge why a controversy over underinflated footballs at last season's AFC conference championship game is spilling into a new season.(AP Photo/Mary Altaffer)
Former Tom Brady fan Christopher Russell, of Brooklyn, N.Y., gestures outside federal court, Wednesday, Aug. 12, 2015, in New York. New England Patriots quarterback Tom Brady and NFL Commissioner Roger Goodell are set to explain to a judge why a controversy over underinflated footballs at last season's AFC conference championship game is spilling into a new season.(AP Photo/Mary Altaffer)
People wearing hats in the shape of deflated footballs gather outside a federal courthouse in New York, Wednesday, Aug. 12, 2015. New England quarterback Tom Brady and NFL Commissioner Roger Goodell are set to explain to a judge why a controversy over underinflated footballs at last season's AFC conference championship game is spilling into a new season. (AP Photo/Seth Wenig)
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Nash responded there was "considerable evidence Mr. Brady clearly knew about this," including records of text messages and phone calls between the quarterback and one of two Patriots employees implicated in the scandal known as "Deflategate." But he also said there was no "smoking gun" showing Brady had direct knowledge that the balls were deflated for the first half of the Patriots' 45-7 defeat of the Indianapolis Colts in the Jan. 18 AFC championship.

Brady and Goodell didn't speak during the hearing, except to introduce themselves to Berman. Brady, his head lowered, looked dour throughout a hearing that lasted about 1 hour, 20 minutes. Immediately afterward, Brady smiled slightly as he signed sketches for two court artists. Berman than began meeting individually with each side to continue settlement discussions in private.

The NFL sued two weeks ago asking for Berman to declare that its punishment of Brady was properly carried out. The players' union countersued, asking him to nullify the suspension. The judge has signaled from the start that he wants the parties to reach a swift settlement.

On Wednesday, Berman called it "ironic" that Brady's statistics were better in the second half of the AFC championship game, after the balls were re-inflated.

"You might say (Brady) got no better advantage from the under-inflation," the judge said.

At one point, the judge also seemed to try to defuse the controversy, saying: "This Deflategate. I'm not sure where the `gate' comes from."

See more photos from the Deflategate saga:

49 PHOTOS
Deflategate scandal - Tom Brady - Bill Belichick - Patriots - Football - NFL
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Tom Brady and Roger Goodell in court for 'Deflategate'
NEW YORK, NY - AUGUST 31: Quarterback Tom Brady of the New England Patriots leaves federal court after contesting his four game suspension with the NFL on August 31, 2015 in New York City. U.S. District Judge Richard Berman had required NFL commissioner Roger Goodell and Brady to be present in court when the NFL and NFL Players Association reconvened their dispute over Brady's four-game Deflategate suspension. The two sides failed to reach an agreement to their seven-month standoff. (Photo by Spencer Platt/Getty Images)
New England Patriots quarterback Tom Brady leaves Federal court, in New York, Monday, Aug. 31, 2015. Last-minute settlement talks between lawyers for NFL Commissioner Roger Goodell and New England Patriots quarterback Tom Brady have failed, leaving a judge to decide the fate of "Deflategate." (AP Photo/Richard Drew)
This image of the first page of a court document released by the U.S. District Court Thursday, Sept. 3, 2015, shows Judge Richard M. Berman's decision to overturn NFL Commissioner Roger Goodell's four-game suspension of New England quarterback Tom Brady. (U.S. District Court of New York via AP)
This image of a portion of the last page of a court document released by the U.S. District Court Thursday, Sept. 3, 2015, shows Judge Richard M. Berman's decision to overturn NFL Commissioner Roger Goodell's four-game suspension of New England quarterback Tom Brady. (U.S. District Court of New York via AP)
FILE - In this April 31, 2015, file photo, New England Patriots quarterback Tom Brady leaves Federal court in New York. Brady can suit up for his team's season opener after a judge erased his four-game suspension for "Deflategate." (AP Photo/Richard Drew, File)
NEW ORLEANS, LA - AUGUST 22: Tom Brady #12 of the New England Patriots participates in warmups prior to a preseason game against the New Orleans Saints at the Mercedes-Benz Superdome on August 22, 2015 in New Orleans, Louisiana. (Photo by Stacy Revere/Getty Images)
NEW YORK, NY - AUGUST 12: New England Patriots quarterback Tom Brady leaves federal court after appealing the National Football League's (NFL) decision to suspend him for four games of the 2015 season on August 12, 2015 in New York City. The NFL alleges that Brady knew footballs used in one of last season's games was deflated below league standards, making it easier to handle. (Photo by Andrew Burton/Getty Images)
NFL Commissioner Roger Goodell leaves the Federal District Courthouse August 12, 2015 in New York. Brady and NFL. Goodell and New England Patriots quarterback Tom Brady met with Judge Richard M. Berman who questioned both sides about Bradys four-game suspension for his role in the 'deflate-gate' scandal after the NFL decided Brady was aware that the balls were deflated in the first half of the Super Bowl final in January 2015. AFP PHOTO / DON EMMERT (Photo credit should read DON EMMERT/AFP/Getty Images)
CHARLOTTE, NC - AUGUST 28: A fan taunts Tom Brady #12 of the New England Patriots as he takes the field during their preseason NFL game against the Carolina Panthers at Bank of America Stadium on August 28, 2015 in Charlotte, North Carolina. (Photo by Grant Halverson/Getty Images)
NEW YORK, NY - AUGUST 12: New England Patriots' quarterback Tom Brady arrives at federal court to appeal the National Football League's (NFL) decision to suspend him for four games of the 2015 season on August 12, 2015 in New York City. The NFL alleges that Brady knew footballs used in one of last season's games was deflated below league standards, making it easier to handle. (Photo by Andrew Burton/Getty Images)
FOXBORO, MA - AUGUST 13: A fan holds a 'Free Brady' sign in the crowd referencing Tom Brady #12 of the New England Patriots during a preseason game against the Green Bay Packers at Gillette Stadium on August 13, 2015 in Foxboro, Massachusetts. (Photo by Maddie Meyer/Getty Images)
A group of people wearing 'Deflategate' hats wait outside federal court during a conference meeting between New England Patriots quarterback Tom Brady, NFL Commissioner Roger Goodell and U.S. District Judge Richard Berman in New York, U.S., on Wednesday, Aug. 12, 2015. Berman seems intent on getting a settlement of a dispute over Brady's four-game suspension for his role in using underinflated game balls -- in what's come to be known as Deflategate. Photographer: Michael Nagle/Bloomberg via Getty Images
NEW YORK, NY - AUGUST 12: New England Patriots' quarterback Tom Brady arrives at federal court to appeal the National Football League's (NFL) decision to suspend him for four games of the 2015 season on August 12, 2015 in New York City. The NFL alleges that Brady knew footballs used in one of last season's games was deflated below league standards, making it easier to handle. (Photo by Andrew Burton/Getty Images)
FILE - In this June 23, 2015, file photo, New England Patriot's quarterback Tom Brady arrives for his appeal hearing at NFL headquarters in New York. The NFL Players Union has sued to get a judge to void NFL Commissioner Roger Goodell's four-game suspension of Brady in the "Deflategate" scandal, setting the stage for the spectacle of the pair having to appear on Wednesday Aug. 12, 2015, in the same New York courtroom. (AP Photo/Mark Lennihan, File)
NFL Commissioner Roger Goodell arrives at federal court, Wednesday, Aug. 12, 2015, in New York. New England Patriots quarterback Tom Brady and Goodell are set to explain to a judge why a controversy over underinflated footballs at last season's AFC conference championship game is spilling into a new season.(AP Photo/Mary Altaffer)
New England Patriots quarterback Tom Brady wipes the sweat from his head during an NFL football training camp in Foxborough, Mass., Thursday, July 30, 2015. (AP Photo/Charles Krupa)
FOXBORO, MA - MAY 24: Ryan Desilets and Jon Harmon both from Milford, Massachusetts, show support for New England Patriots quarterback Tom Brady at the 'Free Tom Brady' rally at Gillette Stadium on May 24, 2015 in Foxboro, Massachusetts. The rally was held in protest of Brady's four game suspension for his role in the 'deflategate' scandal. (Photo by Maddie Meyer/Getty Images)
New England Patriots quarterback Tom Brady gestures during an event at Salem State University in Salem, Mass., Thursday, May 7, 2015. An NFL investigation has found that New England Patriots employees likely deflated footballs and that quarterback Tom Brady was "at least generally aware" of the rules violations. The 243-page report released Wednesday, May 6, 2015, said league investigators found no evidence that coach Bill Belichick and team management knew of the practice. (AP Photo/Charles Krupa, Pool)
FOXBOROUGH, MA - JANUARY 22: Patriots quarterback Tom Brady speaks to the media at a press conference at Gillette Stadium about the under-inflated footballs used in the AFC Championship Game. (Photo by John Tlumacki/The Boston Globe via Getty Images)
PHOENIX - JANUARY 27: The annual 'Media Day' for the Super Bowl was held at the US Airways Arena in downtown Phoenix. Players and coaches from first the New England Patriots, then the Seattle Seahawks, spent over an hour taking questions from the media. Patriots head coach Bill Belichick looked unusually upbeat as he listened to a question. (Photo by Jim Davis/The Boston Globe via Getty Images)
Baden Sports researcher director Hugh Tompkins shows an air pressure gauge reading for a football used in a demonstration in Renton, Wash., Thursday, Jan. 22, 2015. Former NFL quarterback Hugh Millen, who now helps design footballs for Baden, says quarterbacks prefer footballs with less air because of better grip and faster throws. (AP Photos/Manuel Valdes)
Behind the scenes: Making the Super Bowl XLIX footballs! #SB49 📷: Rick Osentoski/AP
Making of the @SuperBowl XLIX footballs [PHOTOS]: http://t.co/qayPQfqt0A #SB49 http://t.co/0dQRKYgClH
New England Patriots football head coach Bill Belichick speaks during an NFL football news conference at Gillette Stadium, Saturday, Jan. 24, 2015, in Foxborough, Mass., where he defended the way his team preps its game balls. (AP Photo/Steven Senne)
FOXBOROUGH, MA - JANUARY 22: Patriots quarterback Tom Brady speaks to the media at a press conference at Gillette Stadium about the under-inflated footballs used in the AFC Championship Game. (Photo by John Tlumacki/The Boston Globe via Getty Images)
Former NFL quarterback Hugh Millen throws a football at Baden Sports headquarters in Renton, Wash., Thursday, Jan. 22, 2015. Millen says many quarterbacks prefer footballs with less air because of better grip and faster throws. (AP Photos/Manuel Valdes)
Baden Sports researcher director Hugh Tompkins shows footballs with different air pressures to be used in a demonstration, in Renton, Wash., Thursday, Jan. 22, 2015. Former NFL quarterback Hugh Millen, who now helps design footballs for Baden, says quarterbacks prefer footballs with less air because of better grip and faster throws. (AP Photos/Manuel Valdes)
FILE - In this photo taken Sunday, Jan. 18, 2015, New England Patriots quarterback Tom Brady throws a pass during the first half of the AFC championship NFL football game against the Indianapolis Colts in Foxborough, Mass. The NFL said Friday, Jan. 3, 2015, that evidence shows the Patriots used underinflated footballs during the first half of the AFC championship game. The investigation is still ongoing they added, and with no conclusions and no timetable for resolving the cheating accusations with the Super Bowl nine days away. (AP Photo/Charles Krupa, File)
New England Patriots quarterback Tom Brady faces members of the media at a news conference in Foxborough, Mass., Thursday, Jan. 22, 2015. Brady said Thursday that he did not know how New England ended up using underinflated balls in its win Sunday against the Indianapolis Colts in the AFC Championship game. (AP Photo/Elise Amendola)
New England Patriots quarterback Tom Brady, second from left, steps into a news conference in Foxborough, Mass., Thursday, Jan. 22, 2015. Brady said Thursday that he did not know how New England ended up using underinflated balls in its win Sunday against the Indianapolis Colts in the AFC Championship game. (AP Photo/Elise Amendola)
New England Patriots quarterback Tom Brady speaks at a news conference in Foxborough, Mass., Thursday, Jan. 22, 2015. Brady said Thursday that he did not know how New England ended up using underinflated balls in its win Sunday against the Colts in the AFC Championship game. (AP Photo/Elise Amendola)
New England Patriots quarterback Tom Brady steps away from a news conference in Foxborough, Mass., Thursday, Jan. 22, 2015. Brady said Thursday that he did not know how New England ended up using underinflated balls in its win Sunday against the Indianapolis Colts in the AFC Championship game. (AP Photo/Elise Amendola)
FOXBOROUGH, MA - JANUARY 22: New England Patriots Coach Bill Belichick speaks to the media on January 22, 2015 on issues surrounding under-inflated footballs used during the AFC Championship Game. (Photo by John Tlumacki/The Boston Globe via Getty Images)
FOXBOROUGH, MA - JANUARY 22: New England Patriots Coach Bill Belichick spoke to the media on January 22, 2015 on issues surrounding under-inflated footballs used during the AFC Championship Game. (Photo by David L. Ryan/The Boston Globe via Getty Images)
FOXBOROUGH, MA - JANUARY 22: New England Patriots Coach Bill Belichick speaks to the media on January 22, 2015 on issues surrounding under-inflated footballs used during the AFC Championship Game. (Photo by John Tlumacki/The Boston Globe via Getty Images)
New England Patriots head coach Bill Belichick reacts during a news conference prior to a team practice in Foxborough, Mass., Thursday, Jan. 22, 2015. Belichick addressed the issue of the NFL investigation of deflated footballs. (AP Photo/Elise Amendola)
New England Patriots head coach Bill Belichick, right, faces members of the media during a news conference prior to a team practice in Foxborough, Mass., Thursday, Jan. 22, 2015. (AP Photo/Elise Amendola)
New England Patriots head coach Bill Belichick speaks during a news conference prior to a team practice in Foxborough, Mass., Thursday, Jan. 22, 2015. (AP Photo/Elise Amendola)
New England Patriots head coach Bill Belichick, right, faces members of the media during a news conference prior to a team practice in Foxborough, Mass., Thursday, Jan. 22, 2015. (AP Photo/Elise Amendola)
New England Patriots head coach Bill Belichick walks from the podium after a news conference prior to a team practice in Foxborough, Mass., Thursday, Jan. 22, 2015. Belichick addressed the issue of the NFL investigation into deflated footballs. (AP Photo/Elise Amendola)
BOSTON, MA - JANUARY 26: A fan holds a sign referencing 'deflate-gate,' the under inflation of footballs used by the Patriots during the AFC Championship game, during the New England Patriots Send-Off Rally at City Hall Plaza on January 26, 2015 in Boston, Massachusetts. The Patriots will face the Seattle Seahawks in Superbowl XLIX on Sunday. (Photo by Maddie Meyer/Getty Images)
New England Patriots head coach Bill Belichick holds the championship trophy after the NFL football AFC Championship game Sunday, Jan. 18, 2015, in Foxborough, Mass. The Patriots defeated the Colts 45-7 to advance to the Super Bowl against the Seattle Seahawks. (AP Photo/Matt Slocum)
New England Patriots quarterback Tom Brady, left, speaks with Bill Belichick after the NFL football AFC Championship game Sunday, Jan. 18, 2015, in Foxborough, Mass. The Patriots defeated the Colts 45-7 to advance to the Super Bowl against the Seattle Seahawks. (AP Photo/Charles Krupa)
FOXBORO, MA - JANUARY 18: Umpire Carl Paganelli #124 holds a ball on the field after a play during the 2015 AFC Championship Game between the New England Patriots and the Indianapolis Colts at Gillette Stadium on January 18, 2015 in Foxboro, Massachusetts. It was reported on January 19, 20015 that the league is looking into the apparent use of deflated footballs by the New England Patriots during their game. (Photo by Elsa/Getty Images)
In this Sunday, Jan. 18, 2015, photo New England Patriots quarterback Tom Brady has a ball tossed to him during warmups before the NFL football AFC Championship game against the Indianapolis Colts in Foxborough, Mass. The NFL says its investigation into whether the New England Patriots used underinflated footballs in the AFC championship game is ongoing after a report Tuesday night. Jan. 20, 2015, claimed the league found 11 balls were not properly inflated. (AP Photo/Matt Slocum, File)
In this Jan. 21, 2015 photo, "Deflate-gate" cookies are offered for sale at Boston Common Coffee in Boston's North End neighborhood. As the NFL investigates how footballs got deflated during the New England Patriots' AFC Championship game, and detractors accuse the team of cheating, very little air seems to have gone out of Patriots Nation and its Super Bowl euphoria. (AP Photo/Elise Amendola)
GLENDALE, AZ - FEBRUARY 01: Tom Brady #12 and Julian Edelman #11 of the New England Patriots celebrate after defeating the Seattle Seahawks 28-24 to win Super Bowl XLIX at University of Phoenix Stadium on February 1, 2015 in Glendale, Arizona. (Photo by Tom Pennington/Getty Images)
GLENDALE, AZ - FEBRUARY 01: Tom Brady #12 of the New England Patriots celebrates with the vince Lombardi Trophy after defeating the Seattle Seahawks 28-24 during Super Bowl XLIX at University of Phoenix Stadium on February 1, 2015 in Glendale, Arizona. (Photo by Tom Pennington/Getty Images)
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When the union got its chance to argue, the judge asked attorney Jeffrey L. Kessler why one of the Patriots employees would deflate balls without Brady's knowledge. Kessler said the union does not believe the balls were deflated but, if they were, the employee did it on his own because he "thought it would be good for his quarterback."

The judge also questioned why Brady destroyed his cellphone in the midst of the inquiry - a move that the league argues was further proof of his deception. Kessler claimed that the quarterback got rid of the phone on the advice of his agent to protect his privacy but had otherwise cooperated with the inquiry.

However, in hindsight, "You're right, it could have been done a different way," the lawyer said of the phone.

Both sides are scheduled to return to court next week.

As Goodell arrived at the courthouse, he was greeted by a smattering of boos as he walked inside. Four minutes later, Brady arrived flanked by four security guards. Both men went through a security sweep like everyone else going to court.

Dozens of fans and journalists waited for two of the NFL's most famous faces at the front entrance of the courthouse, including some fans wearing deflated football hats they were hoping to sell.

Goodell suspended Brady after concluding he "knew about, approved of, consented to, and provided inducements and rewards" to support a scheme in which a Patriots employee deflated balls on game day. Brady insists he knew nothing about it.

In a July 28 decision upholding the suspension, Goodell heavily criticized Brady for having an aide destroy a cellphone containing nearly 10,000 text messages from a four-month stretch including the AFC championship game. He accused him of obstructing the NFL probe about a controversy that represented "conduct detrimental to the integrity of, and public confidence in, the game of professional football."

In court documents, the union's lawyers said the suspension was unfair and violates the labor contract and complained that it would cause irreparable harm to Brady by forcing him to miss games.

They called a June appeal hearing before Goodell "a kangaroo court proceeding, bereft of fundamentally fair procedures."

---

Associated Press Writer Jake Pearson and AP Sports Writer Jimmy Golen in Boston contributed to this report.

See photos of the Patriots' training camp:

12 PHOTOS
Patriots training camp - Deflategate, Tom Brady
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Tom Brady and Roger Goodell in court for 'Deflategate'
A New England Patriots fan, wearing a Che Guevara-like t-shirt depicting quarterback Tom Brady, waits for a chance to get an autograph during an NFL football training camp in Foxborough, Mass., Thursday, July 30, 2015. (AP Photo/Charles Krupa)
New England Patriots quarterback Tom Brady wipes the sweat from his head during an NFL football training camp in Foxborough, Mass., Thursday, July 30, 2015. (AP Photo/Charles Krupa)
New England Patriots fans hold signs supporting quarterback Tom Brady during an NFL football training camp in Foxborough, Mass., Thursday, July 30, 2015. (AP Photo/Charles Krupa)
New England Patriots wide receiver Julian Edelman signs an autograph for a fan on a "Free Brady" sign during an NFL football training camp in Foxborough, Mass., Thursday, July 30, 2015. (AP Photo/Charles Krupa)
New England Patriots fans wait for practice to complete, while standing behind a sign supporting quarterback Tom Brady, during an NFL football training camp in Foxborough, Mass., Thursday, July 30, 2015. (AP Photo/Charles Krupa)
New England Patriots fans wait for practice to complete, while standing behind a sign supporting quarterback Tom Brady, during an NFL football training camp in Foxborough, Mass., Thursday, July 30, 2015. (AP Photo/Charles Krupa)
New England Patriots head coach Bill Belichick listens to a question from the media before the team's practice at an NFL football training camp Friday, July 31, 2015, in Foxborough, Mass. (AP Photo/Charles Krupa)
FOXBOROUGH, MA - JULY 30: The New England Patriots held their first day of training camp at the practice filed next to Gillette Stadium. Fans hold up letters to spell Brady's name. (Photo by John Tlumacki/The Boston Globe via Getty Images)
FOXBOROUGH, MA - JULY 30: The New England Patriots held their first day of training camp at the practice filed next to Gillette Stadium. Julian Edelman waves to fans as he signs autographs at the end of practice. (Photo by John Tlumacki/The Boston Globe via Getty Images)
FOXBOROUGH, MA - JULY 30: The New England Patriots held their first day of training camp at the practice filed next to Gillette Stadium. A fan holds a Free Brady sign.(Photo by John Tlumacki/The Boston Globe via Getty Images)
FOXBOROUGH, MA - JULY 30: The New England Patriots held their first day of training camp at the practice filed next to Gillette Stadium. Jimmy Garoppolo fires a pass. (Photo by John Tlumacki/The Boston Globe via Getty Images)
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