May 23, 2016 8:06 AM

Tom Brady to appeal 'Deflategate' suspension to full court

New England Patriots quarterback Tom Brady will ask for a second hearing by the 2nd U.S. Circuit Court of Appeals in regard to his four-game Deflategate suspension imposed by the NFL.

According to, NFL Players Association attorney Theodore B. Olson told ABC News on Monday morning in an interview aired on "Good Morning America" that they plan to file the appeal later today.

"The facts here are so drastic and so apparent that the court should rehear it," Olson told ABC News.

The court upheld Brady's suspension in a 2-1 decision April 25, deciding that commissioner Roger Goodell's discipline was properly grounded in the collective bargaining agreement and that Brady was treated fairly.

Brady will appeal en banc, asking the entire panel of the 2nd U.S. Circuit Court of Appeals to participate in the hearing. Seven of the 13 judges would have to agree that an en banc session is the right decision before a hearing is held.

If the en banc session isn't granted, Brady could take his case to the U.S. Supreme Court.

Monday is the final day for Brady and his legal team to file an appeal after they received a two-week extension from the initial May 9 deadline.

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