the agreement between league and players union, as negotiated, says he can? I think both parties look silly and there are a whole lot of evidentiary questions that will never get answered, but if the case is about whether the commish has those powers, I think the agreement says he does.
If the judge wants to disregard the powers of the commish and the agreement, no question Brady will win. I thought the action was over the commish's powers, not the evidence. Silly me.