In my humble opinion it isn't only Tom Brady that should be in court fighting this joke of an investigation...Robert Kraft and the Patriots should NEVER have agreed to pay the fine they did and lose the draft picks they did in an effort to "settle" this with the NFL! They should have taken Goodell to court on it and revealed how shoddy an "investigation" this was by Ted Wells! When you start with a predetermined outcome and work back from that you end up with what Wells provided. It's the kind of thing that gets savaged by any competent attorney in a court of law.
Kraft really screwed up. I'm sure he worked a deal with Goodell and it backfired.