Because, a defamation suit alleges that the person being sued knowingly made a false statement either by slander or libel that damaged the victim's reputation. So, the NFL's defense would be that Brady's texts have evidence that prove their point. Brady's not the one on trial, it's the NFL, so the fifth amendment doesn't apply to him. The NFL didn't have the right to demand his phone records during this investigation. If Brady were to sue the NFL, it's no longer an NFL matter, it's a legal matter, and they have a right to those records.
Actually called a lawyer about this, so either A, the people who say Brady/Kraft are planning to file this suit are making shit up, or B, Brady's legal team is retarded. Given the pile of money Brady has, I'm gonna go with A.
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