New England Patriots quarterback Tom Brady and NFL commissioner Roger Goodell both did not attend Wednesday's hearing in front of US District Judge Richard Berman, where the judge re-emphasizing that "a settlement is a logical and rational option" and wants both sides to work toward one before the scheduled hearing on Aug. 31, according to a CBSSports.com report.

During the hearing, Berman raised questions about the league's four-game suspension levied on Brady, directing them at NFL Management Council attorney Daniel Nash.

Berman said that he did not have a problem with Goodell deciding on four games as punishment for the quarterback, but questioned the league's position that deflating footballs is similar to PED use.

"How are deflating footballs and not cooperating with the commissioner legally comparable to steroid use and a masking agent? It's clearly a fair question to pose. [Goodell's] explanation of steroid use only raises more questions that it answers," Berman asked, also asking what kind of punishment will someone get for tampering with footballs, if one cooperates with the league.

As noted by Dan Wetzel of Yahoo Sports, NFL Players Association attorney Jeffrey Kessler argued that the league never provided notice to Brady that "general knowledge" of an infraction could lead to a suspension and did not provide attorney notes to the NFLPA in violation of federal standards, among other points.

"There has to be some basic process of fairness that needs to be followed," Berman said.

Meanwhile, CBSSports.com notes that according to several reports, Brady is open to accepting some for of suspension, but only if it's for failing to cooperate with the NFL, as opposed to the reasons outlined in the Wells report.

According to ProFootballTalk.com's Mike Florio, the punishment Brady deems acceptable is a one-game suspension, with no admission of any responsibility for knowledge of or involvement in a scheme to deflate footballs.