Lol. There is some awfully strong circular reasoning going on there.
Brady didn't give up his phone the same way I don't talk to police without an attorney and I don't let police search my person, my car or my house without a warrant. Those are rights that are protected for me and because I choose to uphold them has no bearing on my guilt or innocence.
In fact this seems to be an orchestrated attempt at setting new standards for the NFLPA players and the NFLPA and Brady wasn't going to abide. If Brady gave up his phone, it would be harder for any other NFLPA player to do the same. In fact even punishing him for not handing over his phone I think is crossing the line. It sets an example to every other player that this is what will happen if you decide not to do everything the NFL wants you to do even given up your Privacy.
There's a distinct difference between criminal proceedings and what happens in the NFL though.
The NFL has something called
conduct detrimental to the integrity of the game/league that all of its employees are held accountable to. Unfortunately that term is also very vague and nebulous. In the case of Tom Brady, he was named to be involved in this "scandal" by other parties involved, however his
conduct during the investigation did nothing to exonerate him from being involved. Sure, it wasn't proven that he was
actually involved either, but there was enough circumstantial evidence against him in the court of NFL arbitration that lets him fall under the category of
conduct detrimental to the integrity of the game/league.
Simply, by not presenting the proper evidence to support his defense in this case, Brady just made the presumption of guilt that much greater. Remember, this isn't a court of law - this is collectively bargained arbitration. The NFLPA agreed to it and the NFL holds the cards here. It doesn't work the same as your traditional legal context anymore.