I'd argue that it's the NFL claiming he "destroyed" evidence. Brady's claim, according to today's FB post is that he replaced a broken phone and that the NFL was fully aware this was what he was going to do from the beginning. In this light it is a lot less "sneaky", which is what a lot of people are trying to say. Brady is dead right when he says he doesn't want to set a precedent here. By the way, Goodell didn't surrender his phone during the Mueller investigation, which granted is a different story; but it does lead me to look at how Goodell has handled this and say "Seriously?".
Bill Barnwell from Grantland put this in the best perspective I've seen yet. (link below). Here's the most poignant part:
"If you start with the premise that Brady did something that was against the rules, I think you can prove that. If you start with the premise that Brady was doing something that allowed him to gain an unfair advantage versus the rest of the league, I’m far more skeptical. Talk to people around the NFL and you’ll hear a general trend surrounding the Patriots. The NFL is a paranoid league, and everybody always inevitably thinks that Belichick and his team are up to something. Belichick’s rule proposals are eyed warily, not because they’re dumb, but because some teams are afraid that Belichick will pass a proposal specifically to exploit an advantage that other organizations aren’t aware of. Very few people I’ve spoken to, though, actually think the Patriots have gained any sort of competitive advantage from Deflategate."
So basically: Brady did nothing outside the usual things that are done to gain an advantage & Belichick has everyone on edge, mostly b/c he's smarter and can exploit weakness better than anyone else.
Smart ass, yes. But also accurate.
Link to article:
http://grantland.com/the-triangle/the-value-of-tom-brady/