1 00:00:03,640 --> 00:00:06,160 Speaker 1: The following is a production of Dallas Cowboys dot Com 2 00:00:06,160 --> 00:00:09,320 Speaker 1: and the Dallas Cowboys Football Club. Are you ready for 3 00:00:09,400 --> 00:00:13,080 Speaker 1: a break? Yes? Are you ready for a break? Absolutely? 4 00:00:13,200 --> 00:00:17,400 Speaker 1: Ready for a break? Yeah? And so much for that. 5 00:00:17,640 --> 00:00:21,720 Speaker 1: It's time for The Break on Dallas Cowboys dot Com 6 00:00:26,360 --> 00:00:30,800 Speaker 1: and bar Garcia and Derek Eagleton. It is Wednesday, October eighteenth, 7 00:00:30,880 --> 00:00:34,280 Speaker 1: twenty seventeen, Season thirteen, Episode and fifty six. Welcome to 8 00:00:34,360 --> 00:00:38,360 Speaker 1: another edition of The Break. I'm Derek Eagleton and we're 9 00:00:38,400 --> 00:00:40,480 Speaker 1: gonna talk some Cowboys football here with you guys today. 10 00:00:40,600 --> 00:00:42,559 Speaker 1: We're gonna talk about some legal stuff here today. And 11 00:00:42,560 --> 00:00:44,920 Speaker 1: I know that over the last few days, really over 12 00:00:44,960 --> 00:00:46,920 Speaker 1: the last few weeks, we've had a lot of legal 13 00:00:46,960 --> 00:00:50,040 Speaker 1: issues with regards to Zeke Elliott, and every day when 14 00:00:50,040 --> 00:00:52,000 Speaker 1: we start those conversations, I always toss it over to 15 00:00:52,080 --> 00:00:55,200 Speaker 1: Nick and Dave and ask them to be our resident attorneys. 16 00:00:55,920 --> 00:00:59,400 Speaker 1: And they've done a fairly good job, fairly fairly good jobs, 17 00:00:59,400 --> 00:01:01,960 Speaker 1: somewhat of a good job being able to explain this stuff. 18 00:01:02,000 --> 00:01:03,560 Speaker 1: But we figured this morning we're going to give it 19 00:01:03,560 --> 00:01:06,640 Speaker 1: to the legal experts. So we're going to have mister 20 00:01:06,720 --> 00:01:09,080 Speaker 1: Daniel Wallace join us here in just a moment. He's 21 00:01:09,360 --> 00:01:12,280 Speaker 1: a sports attorney who is going to give us some 22 00:01:12,360 --> 00:01:15,040 Speaker 1: insights on He's been following this case really closely. I 23 00:01:15,040 --> 00:01:16,920 Speaker 1: don't know if you followed him on Twitter, but he's 24 00:01:16,959 --> 00:01:18,679 Speaker 1: a really great follow on Twitter, has a lot of 25 00:01:18,680 --> 00:01:20,760 Speaker 1: great insight. So we figured we'd have him on and 26 00:01:21,120 --> 00:01:23,800 Speaker 1: let you guys hear from him directly to give us 27 00:01:23,800 --> 00:01:27,160 Speaker 1: some context on the legal side of what's happening with 28 00:01:27,200 --> 00:01:30,440 Speaker 1: ezekiel La. Before we have him on, though, Dave and 29 00:01:30,600 --> 00:01:33,759 Speaker 1: Nick and Amber, I would like to at least get 30 00:01:33,840 --> 00:01:36,520 Speaker 1: us everyone caught up on what happened yesterday. With regards 31 00:01:36,520 --> 00:01:38,640 Speaker 1: of this case. It sounds like at this point it's 32 00:01:38,680 --> 00:01:41,920 Speaker 1: back on he's playing for now? How long is he playing? 33 00:01:41,959 --> 00:01:43,840 Speaker 1: Is it just this week? Is it next week? What 34 00:01:43,920 --> 00:01:45,399 Speaker 1: are we looking at right now? As far as we 35 00:01:45,480 --> 00:01:49,240 Speaker 1: understand it, well, this one, you know, you hear the 36 00:01:49,360 --> 00:01:52,720 Speaker 1: term temporary restraining order. You filed an injunction last time, 37 00:01:52,760 --> 00:01:55,640 Speaker 1: and it was a little more open ended. This one 38 00:01:55,720 --> 00:02:01,040 Speaker 1: has a finite time limit. It's fourteen days or or earlier, 39 00:02:01,040 --> 00:02:03,400 Speaker 1: at the most fourteen days, at the most fourteen days. 40 00:02:04,160 --> 00:02:06,360 Speaker 1: This this issue has to be ruled on by the 41 00:02:06,400 --> 00:02:09,959 Speaker 1: presiding judge by I believe October thirtieth, but it can 42 00:02:10,000 --> 00:02:14,520 Speaker 1: be ruled on before. So it stands to reason that 43 00:02:14,560 --> 00:02:18,799 Speaker 1: he will play against San Francisco and he could potentially 44 00:02:18,880 --> 00:02:24,639 Speaker 1: play against Washington while this is in effect. But basically 45 00:02:24,680 --> 00:02:27,399 Speaker 1: the judge, who you know, judge who's supposed to rule 46 00:02:27,400 --> 00:02:31,000 Speaker 1: on this, is on vacation right now, and so there's 47 00:02:31,000 --> 00:02:33,560 Speaker 1: a four fourteen day window. I don't know when she 48 00:02:33,600 --> 00:02:36,800 Speaker 1: gets back. That's the thing. So a good time for vacations, 49 00:02:36,919 --> 00:02:40,639 Speaker 1: right everybody is not rotator around it. I was thinking 50 00:02:40,680 --> 00:02:42,200 Speaker 1: about that last night. I was like, yeah, I mean, 51 00:02:42,240 --> 00:02:44,320 Speaker 1: it would be cool to take a vacation in October. 52 00:02:44,480 --> 00:02:46,600 Speaker 1: That's not really he were to us, but yeah, yeah, 53 00:02:47,000 --> 00:02:48,840 Speaker 1: that sounds great. Though the rest of the world, I'm 54 00:02:48,840 --> 00:02:51,600 Speaker 1: sure it's it's not a bad time. So, like I said, 55 00:02:51,760 --> 00:02:54,440 Speaker 1: it seems like a very good bet he'll be available 56 00:02:54,480 --> 00:02:58,200 Speaker 1: for San Francisco. It's possible or maybe even likely, he'll 57 00:02:58,200 --> 00:03:02,080 Speaker 1: be available for Washington, but maybe not. But he's got 58 00:03:02,240 --> 00:03:07,200 Speaker 1: fourteen days ish before this goes back to a judge 59 00:03:07,280 --> 00:03:10,000 Speaker 1: and then we know what comes next. But even with 60 00:03:10,240 --> 00:03:12,399 Speaker 1: I know that, what I what I thought I saw 61 00:03:12,560 --> 00:03:15,440 Speaker 1: was that by the thirtieth was when this case has 62 00:03:15,520 --> 00:03:18,120 Speaker 1: to be or no, by the twenty ninth is when 63 00:03:18,120 --> 00:03:20,359 Speaker 1: this case has to be heard. Is that accurate? The 64 00:03:20,639 --> 00:03:22,880 Speaker 1: game against Washington is on the twenty ninth, by the 65 00:03:22,960 --> 00:03:25,520 Speaker 1: thirtieth when it has to be heard, and even at 66 00:03:25,520 --> 00:03:27,680 Speaker 1: that when it's heard, that doesn't mean you're necessarily going 67 00:03:27,720 --> 00:03:31,600 Speaker 1: to get a quick response on whatever is is discussed 68 00:03:31,600 --> 00:03:35,000 Speaker 1: in the hearing. Correct. I guess that's technically true. But 69 00:03:35,200 --> 00:03:39,000 Speaker 1: I mean this was save him, Derek. This was heard, 70 00:03:39,680 --> 00:03:43,200 Speaker 1: but I mean this was heard yesterday and decided on yesterday. Like, 71 00:03:43,240 --> 00:03:46,360 Speaker 1: I don't this is I'm I don't think this is 72 00:03:46,400 --> 00:03:49,200 Speaker 1: that like slow grinding legal process where it's going to 73 00:03:49,280 --> 00:03:53,120 Speaker 1: sit in court for uh, you know, weeks and weeks. 74 00:03:53,120 --> 00:03:54,800 Speaker 1: I mean, even you go back to the injunction that 75 00:03:54,840 --> 00:03:57,320 Speaker 1: was filed in Sherman. The judge heard the arguments on 76 00:03:57,360 --> 00:04:01,120 Speaker 1: Tuesday and ruled on Friday. So I think you're talking 77 00:04:01,360 --> 00:04:03,840 Speaker 1: a couple hours to maybe a couple of days at most. 78 00:04:03,880 --> 00:04:05,520 Speaker 1: I mean, I don't. I don't think this is gonna 79 00:04:05,520 --> 00:04:08,119 Speaker 1: be something that drags out once it has hurt again. Wait, 80 00:04:08,160 --> 00:04:11,240 Speaker 1: what's that? Yeah, Darren McFadden just got dropped in another 81 00:04:11,280 --> 00:04:14,640 Speaker 1: fantasy league. That's right, Morris too. This keeps happening. Yeah, 82 00:04:14,680 --> 00:04:17,200 Speaker 1: I'm sure you've got that roster alert that says Darren 83 00:04:17,279 --> 00:04:20,839 Speaker 1: McFadden has been dropped in forty six thousand leagues. Yeah, 84 00:04:20,880 --> 00:04:24,760 Speaker 1: I mean he's is he explaining this week? I mean, 85 00:04:25,279 --> 00:04:28,000 Speaker 1: and that's that's that's good for the Cowboys. I mean, 86 00:04:28,040 --> 00:04:30,400 Speaker 1: that's good for for this team. I Mean we've said 87 00:04:30,400 --> 00:04:32,680 Speaker 1: it all along that he's a dynamic player. I think 88 00:04:32,680 --> 00:04:34,839 Speaker 1: he's the best football player on the team. So obviously 89 00:04:34,880 --> 00:04:37,560 Speaker 1: that that's a good thing. But uh, you have to 90 00:04:37,640 --> 00:04:40,640 Speaker 1: wonder from the mental makeup of him, just like this 91 00:04:40,839 --> 00:04:44,960 Speaker 1: back and forth constant you know, tennis match that's been 92 00:04:45,000 --> 00:04:46,600 Speaker 1: going on with him. I mean, he's he playing, is 93 00:04:46,640 --> 00:04:49,279 Speaker 1: he not playing? And and and what is it like 94 00:04:49,400 --> 00:04:51,360 Speaker 1: for for the team. I know Garrett's gonna stand up 95 00:04:51,360 --> 00:04:53,599 Speaker 1: here and say, you know, we prepare the same, but 96 00:04:53,800 --> 00:04:56,600 Speaker 1: it's got to be weighing on them to just kind 97 00:04:56,640 --> 00:04:58,600 Speaker 1: of go back and forth like this. And this is 98 00:04:58,600 --> 00:05:01,120 Speaker 1: a little bit different too, Becau because you know, he 99 00:05:01,200 --> 00:05:04,320 Speaker 1: got that last injunction before the season even started, and 100 00:05:04,360 --> 00:05:08,320 Speaker 1: it's just kind of been open ended. And then like really, 101 00:05:08,400 --> 00:05:10,600 Speaker 1: you know, over these last two weeks, you know, you 102 00:05:10,680 --> 00:05:13,719 Speaker 1: have your hearing in the circuit court and then they 103 00:05:13,920 --> 00:05:17,719 Speaker 1: rule and he's taken off the roster on Thursday, and 104 00:05:17,800 --> 00:05:21,240 Speaker 1: he's put back on the roster yesterday. And you know, 105 00:05:21,279 --> 00:05:23,080 Speaker 1: it's a little bit different when it's like an open 106 00:05:23,160 --> 00:05:25,280 Speaker 1: ended deal. But now, yeah, tennis match is a good 107 00:05:25,279 --> 00:05:27,159 Speaker 1: way to describe it, where he's kind of ping pong 108 00:05:27,279 --> 00:05:31,960 Speaker 1: And I don't believe anybody that would tell me that, 109 00:05:32,040 --> 00:05:34,560 Speaker 1: you know, this last ten ten or so days hasn't 110 00:05:34,600 --> 00:05:38,840 Speaker 1: weighed on him or people on this team. Yeah, I 111 00:05:38,920 --> 00:05:41,200 Speaker 1: do wonder if it's weighing on people on the team 112 00:05:41,200 --> 00:05:42,760 Speaker 1: as much as weighing on him. I agree with you, 113 00:05:43,120 --> 00:05:45,400 Speaker 1: it's hard to imagine a world where it doesn't weigh 114 00:05:45,400 --> 00:05:48,400 Speaker 1: on him, just because anytime there's it's weighing on us. 115 00:05:49,000 --> 00:05:53,440 Speaker 1: We have I don't know about it, but yeah, we've 116 00:05:53,480 --> 00:05:56,440 Speaker 1: been waiting on it, responds and he goes back and forth. 117 00:05:56,520 --> 00:06:00,839 Speaker 1: There's not a resolution to this whole matter, and that's 118 00:06:00,880 --> 00:06:03,880 Speaker 1: just us like, and we're not even really involved in 119 00:06:04,320 --> 00:06:07,280 Speaker 1: any of that, just from the aside from the fact 120 00:06:07,320 --> 00:06:10,240 Speaker 1: of covering what's going on. I guess the difference is 121 00:06:10,680 --> 00:06:13,240 Speaker 1: when I when you use the word weighing on us, 122 00:06:13,640 --> 00:06:15,760 Speaker 1: I look at them more just kind of like this 123 00:06:15,839 --> 00:06:18,159 Speaker 1: is this big dark cloud. I don't think of it 124 00:06:18,200 --> 00:06:20,280 Speaker 1: like that. Now. Is it a distraction? Yeah? I think 125 00:06:20,279 --> 00:06:23,280 Speaker 1: it's probably a distraction because every few days you're hearing 126 00:06:23,320 --> 00:06:26,719 Speaker 1: something different that's like, oh so it changed again. Oh okay, 127 00:06:26,760 --> 00:06:29,160 Speaker 1: well it can't it change again now? Yeah, it can 128 00:06:29,240 --> 00:06:31,720 Speaker 1: change again tomorrow. Well okay, let's keep an eye on it. 129 00:06:31,880 --> 00:06:34,000 Speaker 1: And so it is a distraction. I don't think of 130 00:06:34,000 --> 00:06:35,520 Speaker 1: it as a weight, though. I think of it as 131 00:06:35,560 --> 00:06:38,480 Speaker 1: a huge weight in the most trivial way possible, because 132 00:06:38,520 --> 00:06:40,840 Speaker 1: you have to write it. I have to do everything. 133 00:06:41,000 --> 00:06:43,279 Speaker 1: I have to feel the texts from the guy I 134 00:06:43,320 --> 00:06:46,360 Speaker 1: haven't talked to since college about who he should pick up. Yes, Annasey, 135 00:06:46,520 --> 00:06:49,799 Speaker 1: But do you think on a Tuesday night to write 136 00:06:49,800 --> 00:06:51,919 Speaker 1: about it? But I care about is that weighing on 137 00:06:51,920 --> 00:06:54,440 Speaker 1: the players like that? If it's weighing on me and 138 00:06:54,520 --> 00:06:56,839 Speaker 1: I'm as tangentially related to it as I am, like, 139 00:06:56,839 --> 00:06:59,839 Speaker 1: it doesn't really affect me all that much. It's yes, 140 00:07:00,120 --> 00:07:02,839 Speaker 1: nobody affects. What I'm saying is the reason why it 141 00:07:02,880 --> 00:07:05,680 Speaker 1: weighs on you is because it affects your ability to 142 00:07:05,720 --> 00:07:07,839 Speaker 1: go to the fair last night. It affects your ability 143 00:07:07,839 --> 00:07:09,720 Speaker 1: to be able to have a quiet evening at home. 144 00:07:10,120 --> 00:07:12,440 Speaker 1: That's the difference. I don't know that this is affecting 145 00:07:12,440 --> 00:07:14,160 Speaker 1: the players being able to prepare for the game. I 146 00:07:14,160 --> 00:07:15,880 Speaker 1: don't know if this is affecting the players being able 147 00:07:15,920 --> 00:07:18,320 Speaker 1: to have whatever time they have a solace. I don't 148 00:07:18,320 --> 00:07:19,920 Speaker 1: think that affects the players the same way that it 149 00:07:20,000 --> 00:07:22,800 Speaker 1: affects Maybe not as much, but it has to affect 150 00:07:22,840 --> 00:07:25,600 Speaker 1: their game plan, like, Okay, what are we doing this week? 151 00:07:25,760 --> 00:07:28,240 Speaker 1: Like do we still have Zeek? Are we gonna still 152 00:07:28,280 --> 00:07:30,200 Speaker 1: have him on the field? Okay? Now are we prepared 153 00:07:30,320 --> 00:07:32,560 Speaker 1: to get Darren McFadden on here? Like how are we 154 00:07:32,600 --> 00:07:36,720 Speaker 1: gonna work on opening spats? But do the players get? 155 00:07:36,400 --> 00:07:38,840 Speaker 1: Is that a way on the coaches? Yes? Is that 156 00:07:38,960 --> 00:07:40,400 Speaker 1: a way on the players? I'm not a little bit. 157 00:07:40,880 --> 00:07:43,040 Speaker 1: I think the players kind of they're like, I gotta 158 00:07:43,040 --> 00:07:45,320 Speaker 1: block the same guy regardless of whether Zeke's running or 159 00:07:45,320 --> 00:07:48,160 Speaker 1: whether mc patten's running, and probably the same thing. I 160 00:07:48,200 --> 00:07:50,600 Speaker 1: see your point, Derek. It probably affects a couple of players, 161 00:07:50,640 --> 00:07:54,520 Speaker 1: I mean the bag. Yeah, not everyone, but it affects 162 00:07:54,920 --> 00:07:58,160 Speaker 1: different packages because I mean, I'm not gonna let the 163 00:07:58,200 --> 00:08:01,640 Speaker 1: Cowboys the coaches sit here and say that we prepare 164 00:08:01,680 --> 00:08:06,160 Speaker 1: exactly the same because in less and less Alfred Morris 165 00:08:06,200 --> 00:08:09,760 Speaker 1: gets of the carries and McFadden gets too. Then yeah, 166 00:08:09,800 --> 00:08:11,960 Speaker 1: I guess they are preparing the same. But if it's 167 00:08:12,000 --> 00:08:14,480 Speaker 1: more of a fifty fifty sixty forty split, then definitely 168 00:08:14,560 --> 00:08:17,400 Speaker 1: things are changing, which means the receiver tight ends packages 169 00:08:17,440 --> 00:08:19,680 Speaker 1: are changing a little bit. It changes a lot of 170 00:08:19,680 --> 00:08:22,160 Speaker 1: the offense when you have a dynamic back who's not there. 171 00:08:22,280 --> 00:08:24,840 Speaker 1: And I get your point, like football players are pretty 172 00:08:24,840 --> 00:08:28,760 Speaker 1: remarkable about only caring about the assignment directly in front 173 00:08:28,800 --> 00:08:31,560 Speaker 1: of them for a whole week. Yeah, but I mean, 174 00:08:31,680 --> 00:08:36,680 Speaker 1: you know, also this is their friend. I mean, you know, 175 00:08:36,960 --> 00:08:39,080 Speaker 1: places their friend and their teammate and a guy that 176 00:08:39,120 --> 00:08:41,839 Speaker 1: we spent a year crediting for being like a big 177 00:08:41,880 --> 00:08:43,800 Speaker 1: part of the you know, the chemistry in the locker 178 00:08:43,920 --> 00:08:46,920 Speaker 1: room and kind of the loose vibe and yeah, I 179 00:08:46,960 --> 00:08:48,920 Speaker 1: don't know, maybe you don't go home and worry about 180 00:08:48,960 --> 00:08:51,120 Speaker 1: it and refresh your Twitter feed the way I do, 181 00:08:51,160 --> 00:08:55,600 Speaker 1: because it's my job, But you know, they also he's 182 00:08:55,679 --> 00:08:58,959 Speaker 1: their friend and teammate and a great player, and not 183 00:08:59,080 --> 00:09:00,960 Speaker 1: knowing whether or not he's to be there, not knowing 184 00:09:01,320 --> 00:09:03,160 Speaker 1: you know, how does that affect our game planning, the 185 00:09:03,200 --> 00:09:05,560 Speaker 1: plays we can call, the plays we want to run. Yeah, 186 00:09:05,600 --> 00:09:09,280 Speaker 1: I mean, any like I said, I think they're not 187 00:09:09,320 --> 00:09:11,040 Speaker 1: telling the truth if it if it doesn't weighing on 188 00:09:11,080 --> 00:09:13,240 Speaker 1: him a little bit. Has Jason talked about this at all, 189 00:09:13,280 --> 00:09:16,480 Speaker 1: about how they'll attack this if if he's dere versus 190 00:09:16,520 --> 00:09:18,360 Speaker 1: not there, or how much they have to change things 191 00:09:18,640 --> 00:09:22,160 Speaker 1: if he's deare versus not there. I honestly, it feels 192 00:09:22,160 --> 00:09:24,640 Speaker 1: like it's been three weeks since we've talked to Jason Garrett. 193 00:09:24,679 --> 00:09:26,840 Speaker 1: But if we ask him that today, he'll probably just 194 00:09:26,880 --> 00:09:29,920 Speaker 1: tell us it doesn't matter. Just you know, parking lot 195 00:09:29,960 --> 00:09:32,400 Speaker 1: Moon try to have the best Wednesday possible with the 196 00:09:32,440 --> 00:09:34,400 Speaker 1: players that you know the players are here and work 197 00:09:34,400 --> 00:09:37,319 Speaker 1: with the guys to go Wednesday. Yeah, exactly. Not really 198 00:09:37,400 --> 00:09:38,880 Speaker 1: much you can do about it anyway. I mean, for 199 00:09:39,440 --> 00:09:41,280 Speaker 1: from their standpoint, they they have to sit back and 200 00:09:41,280 --> 00:09:43,160 Speaker 1: just wait for an answer. There's not really much they 201 00:09:43,160 --> 00:09:46,000 Speaker 1: can do about it. But it's okay. It's like Nick's 202 00:09:46,040 --> 00:09:48,160 Speaker 1: it's okay to tell the truth and be like, well, 203 00:09:48,400 --> 00:09:50,400 Speaker 1: you know, this will affect how we game plan, what 204 00:09:50,440 --> 00:09:51,920 Speaker 1: we want to do with our running backs this week. 205 00:09:52,000 --> 00:09:54,920 Speaker 1: Like that's okay, you can admit that without but he won't. 206 00:09:55,520 --> 00:09:58,560 Speaker 1: He will ever do that. It's not like there's six 207 00:09:58,640 --> 00:10:01,360 Speaker 1: coaches on the defensive side in San Francisco. They're like, ha, 208 00:10:01,640 --> 00:10:04,000 Speaker 1: we got it, now start go to work. Now, they're 209 00:10:04,000 --> 00:10:05,880 Speaker 1: gonna change it up. Because he said they're gonna change it, 210 00:10:06,040 --> 00:10:10,600 Speaker 1: Like yeah, how wow, Garrett admitted it. Garrett admitted that 211 00:10:10,640 --> 00:10:12,880 Speaker 1: it's different having Zeke in the game as opposed to 212 00:10:13,080 --> 00:10:17,680 Speaker 1: thought on Dallas Cowboys dot com. Go do something about it, right, Yeah, 213 00:10:17,720 --> 00:10:20,320 Speaker 1: all right, we're still waiting for Daniel Wallack. He's gonna 214 00:10:20,320 --> 00:10:23,520 Speaker 1: be joining us, joining us here momentarily. Um. In the meantime, 215 00:10:23,559 --> 00:10:25,520 Speaker 1: I wanted to go ahead and move on to talk 216 00:10:25,559 --> 00:10:28,480 Speaker 1: a little bit about San Francisco. Um, Cowboys will be 217 00:10:28,559 --> 00:10:32,200 Speaker 1: pacing facing the forty nine ers this Sunday. Um, it'll 218 00:10:32,240 --> 00:10:35,840 Speaker 1: be a three thirty kicks Central time. We'll be out 219 00:10:35,840 --> 00:10:38,480 Speaker 1: there obviously on the West coast, so it's actually three 220 00:10:39,040 --> 00:10:42,040 Speaker 1: three oh five, sorry three oh five kick um, And 221 00:10:42,120 --> 00:10:46,520 Speaker 1: so it'll be a time it's three thirty which way. 222 00:10:46,679 --> 00:10:49,080 Speaker 1: And I don't know, I mean, we didn't We're gett 223 00:10:49,080 --> 00:10:51,400 Speaker 1: into crazy predictions already. I mean we haven't even year 224 00:10:51,400 --> 00:10:53,280 Speaker 1: it was. We haven't even laid it all out for everybody. 225 00:10:53,320 --> 00:10:55,560 Speaker 1: We're already crazy prediction. But in fourteen nothing last now, 226 00:10:55,600 --> 00:10:58,000 Speaker 1: Boys did go down fourteen nothing very quickly last year. 227 00:10:58,000 --> 00:10:59,520 Speaker 1: And all right, I don't know what's going to happen 228 00:10:59,600 --> 00:11:01,920 Speaker 1: this time. Dave, give us a give us your scouting 229 00:11:01,920 --> 00:11:05,079 Speaker 1: report of this offense. Let's talk about the San Francisco offense. 230 00:11:05,120 --> 00:11:07,040 Speaker 1: Let's focus it on that today. Give us a scouting 231 00:11:07,080 --> 00:11:10,120 Speaker 1: report of the players and the specific things about this 232 00:11:10,160 --> 00:11:13,120 Speaker 1: team that should stand out for fans, good or bad. Well, 233 00:11:13,160 --> 00:11:17,120 Speaker 1: what's fun for the Cowboys is it's gonna look completely 234 00:11:17,160 --> 00:11:20,200 Speaker 1: different than you know. I always say I don't go back. 235 00:11:20,240 --> 00:11:22,560 Speaker 1: I'm not gonna watch all six games anyway, but I 236 00:11:22,559 --> 00:11:26,600 Speaker 1: don't need to because it's a completely different quarterback. CJ. 237 00:11:26,720 --> 00:11:28,840 Speaker 1: Bethard's going to be your starter going into this game 238 00:11:28,920 --> 00:11:34,800 Speaker 1: after replacing Brian Hoyer mid game against UM against Washington 239 00:11:34,880 --> 00:11:37,160 Speaker 1: last week. And I get it having watched that game, 240 00:11:37,200 --> 00:11:40,360 Speaker 1: because it was a punt fest with Brian Hoyer. I 241 00:11:40,360 --> 00:11:43,120 Speaker 1: think he went four of eleven. They put in CJ. Bethard, 242 00:11:44,160 --> 00:11:47,000 Speaker 1: they punt on their first possession, then they go touchdown 243 00:11:47,040 --> 00:11:51,120 Speaker 1: field goal, missfield goal, touchdown, punt touchdown, and they were 244 00:11:51,280 --> 00:11:53,319 Speaker 1: within two points with a chance to try to win 245 00:11:53,360 --> 00:11:56,839 Speaker 1: the game, and he eventually threw the clinching interception because 246 00:11:56,840 --> 00:12:01,760 Speaker 1: he is a rookie draft pick. Huge, huge penalty that 247 00:12:01,880 --> 00:12:04,240 Speaker 1: changed that whole game. I don't know if you watch that. 248 00:12:04,480 --> 00:12:06,400 Speaker 1: I was watching a little bit. It was earlier in 249 00:12:06,440 --> 00:12:08,040 Speaker 1: the game. No no, no, no no, at the very 250 00:12:08,160 --> 00:12:11,000 Speaker 1: end of the game. Uh sorry, but Garson with an 251 00:12:11,000 --> 00:12:15,280 Speaker 1: offensive past interference that was kind of a pick type play, 252 00:12:15,080 --> 00:12:16,880 Speaker 1: and they're like on the forty yard line, they need 253 00:12:16,880 --> 00:12:18,680 Speaker 1: about five more yards to attempt to field goal to 254 00:12:18,679 --> 00:12:21,800 Speaker 1: win the game, maybe ten, and they get fifteen yards back. 255 00:12:21,880 --> 00:12:24,520 Speaker 1: They don't ever recover from that. It was that that 256 00:12:24,600 --> 00:12:28,240 Speaker 1: changed everything. I mean, an offensive past interference is a 257 00:12:28,320 --> 00:12:31,760 Speaker 1: huge penalty when it's accepted, and that one that changed 258 00:12:31,760 --> 00:12:34,880 Speaker 1: the whole game for them. Sorry, no, you're fine, people, Which, 259 00:12:34,880 --> 00:12:37,200 Speaker 1: well that's a that's kind of a theme. And I know, 260 00:12:37,320 --> 00:12:39,080 Speaker 1: like I just said, the offense is different because they 261 00:12:39,160 --> 00:12:42,440 Speaker 1: changed quarterbacks, but forty nine ers have had their hearts 262 00:12:42,520 --> 00:12:45,720 Speaker 1: ripped out, like five weeks in a row. They lost 263 00:12:45,760 --> 00:12:48,760 Speaker 1: pretty handily to Carolina to start the season. Then they 264 00:12:48,760 --> 00:12:51,240 Speaker 1: lose by three to Seattle. They lose by two to 265 00:12:51,280 --> 00:12:55,560 Speaker 1: the Rams, and they lost an overtime on a field 266 00:12:55,559 --> 00:12:58,080 Speaker 1: goal of the Colts. They lose to the red Skins 267 00:12:58,160 --> 00:12:59,840 Speaker 1: last week with a chance to win in the final 268 00:13:00,040 --> 00:13:02,200 Speaker 1: in it. I mean, I think they've lost five of 269 00:13:02,200 --> 00:13:05,720 Speaker 1: their six games by thirteen combined points. So they're in 270 00:13:05,760 --> 00:13:08,360 Speaker 1: the running for the first overall pick. But it's not 271 00:13:08,440 --> 00:13:11,080 Speaker 1: for lack of trying. They think about this when you 272 00:13:11,120 --> 00:13:13,720 Speaker 1: see the schedule and you see three road games in 273 00:13:13,760 --> 00:13:17,000 Speaker 1: a row, I mean three, That hardly ever happens when 274 00:13:17,040 --> 00:13:19,040 Speaker 1: you do three road games in a row. And what 275 00:13:19,080 --> 00:13:21,240 Speaker 1: have they done. They've gone to overtime twice and lost 276 00:13:21,240 --> 00:13:23,960 Speaker 1: by field goal, and then they also lost this last 277 00:13:23,960 --> 00:13:27,360 Speaker 1: game by two. I mean, I feel I feel bad 278 00:13:27,400 --> 00:13:29,640 Speaker 1: for him, like they should. They deserve a win. Only 279 00:13:29,679 --> 00:13:31,400 Speaker 1: team in the history of the NFL to lose five 280 00:13:31,400 --> 00:13:35,000 Speaker 1: straight games by three points, that's unbelievable. But offensively, it 281 00:13:35,040 --> 00:13:38,240 Speaker 1: doesn't seem like they're doing anything that's particularly good, Like 282 00:13:38,280 --> 00:13:40,560 Speaker 1: they're length ranked down at the bottom half of the 283 00:13:40,600 --> 00:13:44,320 Speaker 1: league in almost every category statistically, and well, between that 284 00:13:44,440 --> 00:13:46,319 Speaker 1: and the fact, I mean you're O and six, you 285 00:13:46,480 --> 00:13:48,880 Speaker 1: pretty much you're out of it, and between that and 286 00:13:48,960 --> 00:13:50,520 Speaker 1: the fact that the offense hasn't been great, I think 287 00:13:50,559 --> 00:13:54,640 Speaker 1: that's why you saw a quarterback change this. You know, 288 00:13:55,280 --> 00:13:58,800 Speaker 1: you know Kyle Shanahan gets he's like this. First of all, 289 00:13:58,840 --> 00:14:01,320 Speaker 1: he's the quarterback whisper, That's what everybody says about him. 290 00:14:01,360 --> 00:14:03,680 Speaker 1: And he's like kind of an old school West Coast guy. 291 00:14:03,760 --> 00:14:07,040 Speaker 1: They gave a fullback like crazy money and free agency 292 00:14:07,120 --> 00:14:11,040 Speaker 1: Kyle juice check and you see that when you watch them, 293 00:14:11,080 --> 00:14:13,520 Speaker 1: and I you know, I think you're probably in a 294 00:14:13,520 --> 00:14:15,600 Speaker 1: little bit working with what you have because there's not 295 00:14:15,679 --> 00:14:18,319 Speaker 1: a lot of guys that really wow you in this 296 00:14:18,480 --> 00:14:21,480 Speaker 1: skill player department. You have Carlos Hide, you have Pierre 297 00:14:21,480 --> 00:14:24,080 Speaker 1: Garson who they signed in free agency, but other than that, 298 00:14:24,160 --> 00:14:25,920 Speaker 1: there's not a ton of it. And so when you 299 00:14:25,960 --> 00:14:30,400 Speaker 1: watch these guys, it's like tight ends everywhere. Fullback on 300 00:14:30,440 --> 00:14:32,560 Speaker 1: the field a lot of times like twelve personnel out 301 00:14:32,560 --> 00:14:35,880 Speaker 1: the wazoo. I think, you know, in watching in watching 302 00:14:35,920 --> 00:14:40,960 Speaker 1: this game against Washington, I think I saw maybe I 303 00:14:41,000 --> 00:14:43,320 Speaker 1: would I would venture a guest at like five snaps 304 00:14:43,320 --> 00:14:46,080 Speaker 1: where it was just the offensive line upfront, like just 305 00:14:46,200 --> 00:14:48,320 Speaker 1: the five guys, you know, like it's usually like seven, 306 00:14:48,400 --> 00:14:51,080 Speaker 1: maybe sometimes even eight if they want to do, you know, 307 00:14:51,160 --> 00:14:55,000 Speaker 1: power running plays. And I think first of all, you 308 00:14:55,040 --> 00:14:57,960 Speaker 1: don't trust your quarterback play, whether because it's bettered because 309 00:14:57,960 --> 00:15:00,640 Speaker 1: he's a rookie or Brian Hoyer because he's bad. Uh 310 00:15:00,960 --> 00:15:04,560 Speaker 1: I mean sorry, Um, so you're trying to give him 311 00:15:04,600 --> 00:15:08,360 Speaker 1: easy throws, protection, keep guys close to the line of scrimmage. 312 00:15:08,360 --> 00:15:09,880 Speaker 1: And that's a lot of what this looks like once 313 00:15:09,960 --> 00:15:13,400 Speaker 1: Bethard went in there. Carlos Hyde has twenty three receptions 314 00:15:13,400 --> 00:15:16,000 Speaker 1: on the year. He got five of them in this game. Um. 315 00:15:17,000 --> 00:15:20,720 Speaker 1: George Kittle is another name. I think you really gettle Kittle. Oh, 316 00:15:21,520 --> 00:15:23,240 Speaker 1: he's another name you really need to know. He's a 317 00:15:23,320 --> 00:15:26,160 Speaker 1: rookie tight end that they drafted in the fifth round 318 00:15:26,800 --> 00:15:29,040 Speaker 1: and they already trust him to do everything. I mean 319 00:15:29,280 --> 00:15:32,120 Speaker 1: he's out there, he's blocking, he's going downfield. I think 320 00:15:32,200 --> 00:15:35,560 Speaker 1: he had four catches for fifty yards in this game. Um. 321 00:15:36,160 --> 00:15:37,920 Speaker 1: Like I said, a lot of a lot of dump 322 00:15:37,960 --> 00:15:39,640 Speaker 1: offs to running backs, a lot of out routes to 323 00:15:39,720 --> 00:15:43,600 Speaker 1: tight ends. But Bethard is not afraid to go downfield either. 324 00:15:43,640 --> 00:15:45,720 Speaker 1: Like he hit some nice balls down the seam and 325 00:15:46,080 --> 00:15:48,880 Speaker 1: found Garson for decent games A couple of times, but 326 00:15:49,680 --> 00:15:53,320 Speaker 1: this is a I would call this offense really cautious. Okay, 327 00:15:54,000 --> 00:15:57,640 Speaker 1: it's just it's you know, dancing dunks. Like everything that 328 00:15:57,640 --> 00:15:59,960 Speaker 1: that people said about Dak and the Cowboys last year, 329 00:16:00,160 --> 00:16:02,120 Speaker 1: That's what this reminded me of. All Right, we're gonna 330 00:16:02,160 --> 00:16:03,880 Speaker 1: take a really quick break. When we come back from 331 00:16:03,880 --> 00:16:06,760 Speaker 1: our break, we actually have mister Daniel Wallack on the line. 332 00:16:06,800 --> 00:16:08,160 Speaker 1: We're going to talk to him a little bit about 333 00:16:08,440 --> 00:16:10,640 Speaker 1: the legal matters with regard to Zekiel Elliott. We'll do 334 00:16:10,680 --> 00:16:12,360 Speaker 1: that when we come right back. This is Dallas Cowboys 335 00:16:12,400 --> 00:16:15,440 Speaker 1: dot Com Radio. We the entertainment loving people want a 336 00:16:15,480 --> 00:16:18,360 Speaker 1: smartphone built for us. 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I hear 367 00:17:42,840 --> 00:17:45,280 Speaker 1: all this talk about what it takes to be a cowboy. 368 00:17:45,400 --> 00:17:48,200 Speaker 1: Everyone's got their ideas, but I just say to myself, 369 00:17:48,200 --> 00:17:51,120 Speaker 1: it's what's up top that matters. Sure, you need men 370 00:17:51,160 --> 00:17:53,159 Speaker 1: with the muscle and heart to get her done. But 371 00:17:53,400 --> 00:17:56,119 Speaker 1: if your scouts and coaches are listening out there, a 372 00:17:56,200 --> 00:17:58,760 Speaker 1: word of advice. Pick the man with the most well 373 00:17:58,840 --> 00:18:01,480 Speaker 1: worn stetson. It's the one most cut out to be 374 00:18:01,520 --> 00:18:04,280 Speaker 1: a cowboy. Stetson hats her hand made right here in 375 00:18:04,359 --> 00:18:06,840 Speaker 1: Texas and have been on cowboys heads for over one 376 00:18:06,920 --> 00:18:09,320 Speaker 1: hundred and fifty years. The rest of you can visit 377 00:18:09,359 --> 00:18:12,520 Speaker 1: stetson dot com slash cowboy to find a retailer nearest you. 378 00:18:13,760 --> 00:18:16,400 Speaker 1: Back to the break Welcome back. We're in the second 379 00:18:16,440 --> 00:18:19,560 Speaker 1: segment of the breaklock from the SWBC Mortgid Studios, and 380 00:18:19,640 --> 00:18:22,680 Speaker 1: we're gonna take a little time to get ourselves a 381 00:18:22,680 --> 00:18:25,119 Speaker 1: little more acquainted with the legal aspects of what's happening 382 00:18:25,160 --> 00:18:28,960 Speaker 1: with Ezekiel Elliott. We have joining us now Daniel Wallack, 383 00:18:29,000 --> 00:18:32,600 Speaker 1: who is a sports and gaming attorney for Becker and Poliakoff, 384 00:18:33,200 --> 00:18:36,520 Speaker 1: and he's also the Coast of Conduct Detrimental. It's a podcast. 385 00:18:36,920 --> 00:18:39,040 Speaker 1: Check it out if you get a chance. Welcome to 386 00:18:39,040 --> 00:18:42,440 Speaker 1: the show, Daniel. Thanks for having me on my debut 387 00:18:43,200 --> 00:18:46,440 Speaker 1: on the podcast. Yeah, we're very excited. We really appreciate 388 00:18:46,440 --> 00:18:48,800 Speaker 1: you taking some time with us. I'll just say real quick, 389 00:18:49,359 --> 00:18:52,200 Speaker 1: the work you've been doing on Twitter has been phenomenal. 390 00:18:52,240 --> 00:18:55,280 Speaker 1: I know I'm following, and the stuff that you put 391 00:18:55,280 --> 00:18:58,200 Speaker 1: out there recording regarding this case has been really interesting 392 00:18:58,680 --> 00:19:01,840 Speaker 1: and for people like us that aren't that aren't legal experts, 393 00:19:01,840 --> 00:19:03,399 Speaker 1: it helps kind of break it down. So thanks a 394 00:19:03,400 --> 00:19:05,520 Speaker 1: lot for what you've been doing there. Yeah, it's my 395 00:19:05,520 --> 00:19:07,399 Speaker 1: place where all those years of going to law school 396 00:19:07,400 --> 00:19:10,240 Speaker 1: and practicing law. I guess have you trained me eventually 397 00:19:10,280 --> 00:19:12,040 Speaker 1: to weigh in on this. And I didn't realize it 398 00:19:12,080 --> 00:19:15,600 Speaker 1: at the time, but now I just feel every situation 399 00:19:15,640 --> 00:19:18,320 Speaker 1: that comes up in a federal case involving, you know, 400 00:19:18,359 --> 00:19:22,000 Speaker 1: an NFL discipline matter I've experienced personally in one form 401 00:19:22,080 --> 00:19:24,640 Speaker 1: or another throughout my career. So I think I can 402 00:19:24,720 --> 00:19:27,520 Speaker 1: lend a unique, uh you know, insights to what I 403 00:19:27,560 --> 00:19:30,639 Speaker 1: project will likely occur awesome, So give us, give us 404 00:19:30,640 --> 00:19:33,520 Speaker 1: just a big I'm sorry, Daniel. So you've experienced something 405 00:19:33,560 --> 00:19:39,320 Speaker 1: like this before, not quite like this, but offense. I've 406 00:19:39,320 --> 00:19:45,159 Speaker 1: played offense and defense in temporary restraining order practice, preliminary injunctions, appeals, 407 00:19:45,440 --> 00:19:51,680 Speaker 1: petitions for rehearing on bonk, arbitration vacators, arbitration confirmations. Everything 408 00:19:51,720 --> 00:19:53,520 Speaker 1: has just come up. You know. The thing about the 409 00:19:53,640 --> 00:19:57,040 Speaker 1: legal practice is, while you know, there are no new 410 00:19:57,080 --> 00:19:59,520 Speaker 1: there are no new cases, just new faces and on 411 00:19:59,600 --> 00:20:02,000 Speaker 1: this one, and there's probably a few more zeros involved 412 00:20:02,040 --> 00:20:05,280 Speaker 1: in a few more high profile individuals. But this is basic, 413 00:20:05,720 --> 00:20:08,200 Speaker 1: you know, sort of federal court practice, but it's elevated 414 00:20:08,240 --> 00:20:12,399 Speaker 1: because of how hotly contested and the hatred between the 415 00:20:12,520 --> 00:20:15,119 Speaker 1: union and management. So they take it to the nth 416 00:20:15,280 --> 00:20:19,439 Speaker 1: degree and try every loophole, every available legal avenue. And 417 00:20:19,480 --> 00:20:22,359 Speaker 1: sometimes in real life litigation, the clients aren't going to 418 00:20:22,400 --> 00:20:25,199 Speaker 1: spend that kind of money. But with the NFL and 419 00:20:25,200 --> 00:20:27,960 Speaker 1: the players Association, we're talking about not just a principle, 420 00:20:28,560 --> 00:20:32,080 Speaker 1: but millions of dollars of potential loss salary. So it's 421 00:20:32,119 --> 00:20:34,639 Speaker 1: more than just a principle here, So give us an idea. 422 00:20:34,760 --> 00:20:37,239 Speaker 1: At this point, kind of where we are and how 423 00:20:37,240 --> 00:20:38,919 Speaker 1: we've gotten here. I know that it started with the 424 00:20:38,960 --> 00:20:42,040 Speaker 1: case back here in Dallas and kind of got then 425 00:20:42,119 --> 00:20:43,720 Speaker 1: pushed to New York to kind of give us a 426 00:20:44,240 --> 00:20:46,679 Speaker 1: big overview in layman's terms of kind of how we 427 00:20:46,760 --> 00:20:48,959 Speaker 1: got to where we are right now. Well, I mean, 428 00:20:49,160 --> 00:20:51,600 Speaker 1: we're gonna need two hours if we're going to cover 429 00:20:51,640 --> 00:20:58,160 Speaker 1: all background. But essentially shortly after Elliott had his six 430 00:20:58,200 --> 00:21:02,680 Speaker 1: game suspension imposed by committe Goodell, the Players Association had 431 00:21:02,920 --> 00:21:08,520 Speaker 1: had a choice to make. Actually before Harold Henderson upheld 432 00:21:08,800 --> 00:21:12,440 Speaker 1: the discipline the NFL, the Players Association remembered the lessons 433 00:21:12,440 --> 00:21:14,720 Speaker 1: from the Flate Gate if you remember two years ago, 434 00:21:15,560 --> 00:21:19,560 Speaker 1: the union was caught flat footed when, while waiting for 435 00:21:19,600 --> 00:21:24,280 Speaker 1: the decision from Goodell, they had The Union had expected 436 00:21:24,280 --> 00:21:26,280 Speaker 1: to be able to file a lawsuit in the District 437 00:21:26,320 --> 00:21:30,080 Speaker 1: of Minnesota, where they have constantly brought these discipline cases 438 00:21:30,080 --> 00:21:33,280 Speaker 1: over the years, but the NFL controlled the timing of 439 00:21:33,320 --> 00:21:36,200 Speaker 1: the decision and whey and was able to quickly file 440 00:21:36,320 --> 00:21:38,760 Speaker 1: suit in the Southern District of New York, in its 441 00:21:38,359 --> 00:21:41,720 Speaker 1: home forum. So the Union tried a different tack this 442 00:21:41,920 --> 00:21:45,800 Speaker 1: time and tried to beat the NFL to the Courthouse 443 00:21:46,240 --> 00:21:49,760 Speaker 1: by winning the race before the race even started, and 444 00:21:50,040 --> 00:21:52,959 Speaker 1: that set into motion a whole series of events that 445 00:21:53,040 --> 00:21:56,000 Speaker 1: led us to New York. And while ultimately the NFL 446 00:21:56,119 --> 00:22:00,000 Speaker 1: was vindicated on the jurisdictional battle, Elliott and the Players 447 00:22:00,119 --> 00:22:04,560 Speaker 1: Association gained two very significant benefits from going to Texas. 448 00:22:04,960 --> 00:22:09,040 Speaker 1: One was just a mere delay of being able to 449 00:22:09,040 --> 00:22:11,159 Speaker 1: get an injunction early on at the beginning of the 450 00:22:11,200 --> 00:22:13,560 Speaker 1: season and have that stretch out into week six. But 451 00:22:13,640 --> 00:22:18,199 Speaker 1: more importantly, Elliott and the Union now traveled to New 452 00:22:18,240 --> 00:22:22,880 Speaker 1: York bolstered by two very significant federal court opinions, one 453 00:22:22,920 --> 00:22:26,040 Speaker 1: from Judge Mazant and one from Fifth Circuit Judge James 454 00:22:26,080 --> 00:22:30,440 Speaker 1: Graves in the Descent, which give credence to the union's 455 00:22:30,520 --> 00:22:33,879 Speaker 1: argument that Elliott was deprived of fundamental fairness. So it 456 00:22:34,080 --> 00:22:37,760 Speaker 1: essentially lowered the bar for Elliott and the Players Association 457 00:22:37,880 --> 00:22:40,679 Speaker 1: in New York. And I think it took what was 458 00:22:40,720 --> 00:22:43,920 Speaker 1: like a thirty or forty percent likelihood of success and 459 00:22:44,080 --> 00:22:46,880 Speaker 1: put it into the seventy five percent range. And now 460 00:22:46,920 --> 00:22:50,520 Speaker 1: we're basically going through a replay of the Texas action 461 00:22:50,640 --> 00:22:53,199 Speaker 1: in that we're going through a temporary restraining order in 462 00:22:53,240 --> 00:22:56,399 Speaker 1: two weeks the federal court judge that comes back from 463 00:22:56,480 --> 00:23:00,840 Speaker 1: vacation will likely schedule a more full blown motion for 464 00:23:00,880 --> 00:23:03,159 Speaker 1: preliminary injunction. There will be a hearing, there'll be some 465 00:23:03,200 --> 00:23:07,119 Speaker 1: additional briefing, and in two weeks we'll likely learn the 466 00:23:07,200 --> 00:23:10,199 Speaker 1: status of Eliot's I guess eligibility for the rest of 467 00:23:10,240 --> 00:23:13,520 Speaker 1: the season, because this tro is a temporary victory, but 468 00:23:13,600 --> 00:23:17,200 Speaker 1: I think it bolsters his chances of success before Judge 469 00:23:17,200 --> 00:23:19,600 Speaker 1: Faila in about two weeks, and if he can get 470 00:23:19,600 --> 00:23:22,359 Speaker 1: a preliminary injunction, he's probably going to be safe for 471 00:23:22,400 --> 00:23:24,720 Speaker 1: the rest of the season, and then the fight will 472 00:23:24,760 --> 00:23:27,280 Speaker 1: be over the appeal in the offseason. We're joined right 473 00:23:27,280 --> 00:23:29,920 Speaker 1: now about Daniel Wallack, who's a sports and gaming attorney. 474 00:23:30,560 --> 00:23:33,360 Speaker 1: He's talking to us about the Execuel Elliott legal issues. 475 00:23:33,840 --> 00:23:36,720 Speaker 1: To this point, it seems like most of the rulings 476 00:23:36,720 --> 00:23:39,200 Speaker 1: have had to do with things that were more procedural, 477 00:23:39,280 --> 00:23:43,000 Speaker 1: stuff like right venue or timing and stuff like that. 478 00:23:43,280 --> 00:23:45,680 Speaker 1: At what point or is it ever going to get 479 00:23:45,680 --> 00:23:48,439 Speaker 1: to a point where the question at hand is the 480 00:23:48,480 --> 00:23:50,520 Speaker 1: fairness of the process, because we keep hearing that from 481 00:23:50,520 --> 00:23:54,879 Speaker 1: the NFLPA. As you said, there are two judges that 482 00:23:54,920 --> 00:23:59,080 Speaker 1: have now had opinions that point to some unfairness that 483 00:23:59,440 --> 00:24:02,119 Speaker 1: may have occurred. At what point does that become the 484 00:24:02,160 --> 00:24:04,359 Speaker 1: main issue and they will be ruling on the fairness 485 00:24:04,400 --> 00:24:08,159 Speaker 1: of the process to hopefully for the Cowboys get Zekiel 486 00:24:08,240 --> 00:24:10,720 Speaker 1: It back on the field. Well, that began yesterday. The 487 00:24:10,800 --> 00:24:14,000 Speaker 1: jurisdictional and venue battle is essentially over. I mean, the 488 00:24:14,119 --> 00:24:18,320 Speaker 1: NFL Players Association could still attempt to hail Mary to 489 00:24:18,320 --> 00:24:21,240 Speaker 1: bring this case back to the Eastern District of Texas 490 00:24:21,280 --> 00:24:25,240 Speaker 1: where they have a guaranteed victory before Judge Amos Mazant. 491 00:24:26,160 --> 00:24:28,840 Speaker 1: They have a high likelihood of victory at least on 492 00:24:28,880 --> 00:24:32,120 Speaker 1: a preliminary injunction before Judge Faila, but there's no guarantee 493 00:24:32,200 --> 00:24:36,920 Speaker 1: that she will abide by Judge Crowdy's ruling yesterday. I mean, 494 00:24:36,960 --> 00:24:40,080 Speaker 1: but it's it's highly likely in that we've had three 495 00:24:40,240 --> 00:24:43,639 Speaker 1: four Federal court opinions. We've had two from Judge Mazant, 496 00:24:43,720 --> 00:24:46,280 Speaker 1: one on the preliminary injunction and one on the denial 497 00:24:46,320 --> 00:24:50,159 Speaker 1: of the stay, and an opinion from James from James 498 00:24:50,160 --> 00:24:53,320 Speaker 1: Graves and the Descent, and also from Judge Karty yesterday. 499 00:24:53,400 --> 00:24:58,560 Speaker 1: All four judges weighed in at various levels on the 500 00:24:58,600 --> 00:25:03,840 Speaker 1: principle of fundamental airness and either forcefully ruled or hinted 501 00:25:03,960 --> 00:25:07,760 Speaker 1: at the likelihood that Elliott was deprived of fundamental fairness 502 00:25:07,800 --> 00:25:11,880 Speaker 1: by being deprived and not having the opportunity to confront 503 00:25:11,920 --> 00:25:16,240 Speaker 1: and cross examine the accuser of the domestic violence allegations, 504 00:25:16,320 --> 00:25:19,359 Speaker 1: whose credibility is directly at issue in the threshold that 505 00:25:19,359 --> 00:25:21,760 Speaker 1: the NFL has to prove under its own personal conduct 506 00:25:21,840 --> 00:25:25,920 Speaker 1: policy that there is credible evidence to support the allegations. 507 00:25:26,200 --> 00:25:28,920 Speaker 1: And if Elliott does not have the opportunity to test 508 00:25:28,960 --> 00:25:33,000 Speaker 1: the credibility of his accuser, either through direct cross examination 509 00:25:33,440 --> 00:25:36,720 Speaker 1: or by having all of the investigator's notes, he's being 510 00:25:36,720 --> 00:25:41,119 Speaker 1: deprived of a very essential thing that's necessary, relevant, and 511 00:25:41,320 --> 00:25:46,280 Speaker 1: material to his defense and the arbitration. Daniel David Helman here, 512 00:25:46,320 --> 00:25:49,399 Speaker 1: Thanks for coming on with us my pleasure. I can 513 00:25:49,440 --> 00:25:53,600 Speaker 1: appreciate that you're probably not privy to Judge Fayla's vacation plans, 514 00:25:54,440 --> 00:25:55,760 Speaker 1: so I'm sorry if I'm putting you on the spot, 515 00:25:55,800 --> 00:25:57,640 Speaker 1: but I'm just that's the one thing that I'm really 516 00:25:57,720 --> 00:26:00,520 Speaker 1: kind of wrestling with right now is so we know 517 00:26:00,640 --> 00:26:04,920 Speaker 1: that the hearing has to happen by October thirtieth, but no, No, 518 00:26:04,960 --> 00:26:10,760 Speaker 1: the tro expires on exactly as a practical matter, Judge 519 00:26:10,760 --> 00:26:14,520 Speaker 1: Failo will have to schedule something pretty quickly or Elliott 520 00:26:14,560 --> 00:26:16,919 Speaker 1: will be in a position where the TRO is expired 521 00:26:17,320 --> 00:26:20,800 Speaker 1: and then he faces a possible suspension. But here's the reality. 522 00:26:20,800 --> 00:26:22,960 Speaker 1: If Judge fail is on vacation for two more weeks 523 00:26:22,960 --> 00:26:25,879 Speaker 1: in October thirtieth comes and goes, you'll see the Players 524 00:26:25,960 --> 00:26:29,679 Speaker 1: Association file an application with Judge Crowdy to extend the 525 00:26:29,680 --> 00:26:31,920 Speaker 1: TRO by you know, by a week or more. I've 526 00:26:31,920 --> 00:26:35,480 Speaker 1: seen that happen in many federal cases. Fourteen days is 527 00:26:35,520 --> 00:26:38,080 Speaker 1: not the absolute end of the road. It's the initial 528 00:26:38,119 --> 00:26:40,879 Speaker 1: period of the TRO. So if there's this gap that 529 00:26:41,000 --> 00:26:44,040 Speaker 1: needs to be filled, Judge Crowdy will fill it. And 530 00:26:45,040 --> 00:26:48,920 Speaker 1: that's exactly what I was looking for, I guess. So really, overall, 531 00:26:49,000 --> 00:26:53,080 Speaker 1: I'm I'm wondering for an idea or a resolution of 532 00:26:53,640 --> 00:26:57,600 Speaker 1: when we might expect to finally have this settled by 533 00:26:57,680 --> 00:27:00,399 Speaker 1: Judge fail I guess. But I guess you're saying it's 534 00:27:00,480 --> 00:27:02,760 Speaker 1: not necessarily a guarantee that it even has to happen 535 00:27:02,760 --> 00:27:06,520 Speaker 1: by October thirtieth. No. No, again, the big scoop in 536 00:27:06,600 --> 00:27:09,280 Speaker 1: the world of the NFL is what our Judge fail 537 00:27:09,359 --> 00:27:12,240 Speaker 1: As vacation plans that is now on par with like 538 00:27:12,280 --> 00:27:15,639 Speaker 1: the biggest stories in the National Football League. And someone 539 00:27:15,720 --> 00:27:17,960 Speaker 1: suggested that she's on vacation for two weeks, but I 540 00:27:18,280 --> 00:27:20,960 Speaker 1: don't know whether those two weeks are measured from yesterday 541 00:27:21,359 --> 00:27:24,080 Speaker 1: or from the beginning of the week. If she's going 542 00:27:24,119 --> 00:27:26,760 Speaker 1: to be back before October thirtieth, I believe her clerks 543 00:27:26,800 --> 00:27:28,440 Speaker 1: are going to be in a position, her office is, 544 00:27:28,560 --> 00:27:31,080 Speaker 1: her chambers are definitely going to be operational while she's 545 00:27:31,119 --> 00:27:34,200 Speaker 1: on vacation, and she could communicate with her staff by phone, 546 00:27:34,240 --> 00:27:36,679 Speaker 1: and she's well aware of what's going on, I would imagine, 547 00:27:36,880 --> 00:27:40,480 Speaker 1: and sometime soon you will see a briefing notice or 548 00:27:40,520 --> 00:27:43,359 Speaker 1: some kind of order coming from Judge fail As Chambers 549 00:27:43,400 --> 00:27:46,720 Speaker 1: setting this down for briefing in an oral argument sometime 550 00:27:46,760 --> 00:27:50,000 Speaker 1: before October thirtieth, And if she's away and can't handle 551 00:27:50,080 --> 00:27:53,120 Speaker 1: that hearing, then Judge Crotty will extend the tro by 552 00:27:53,240 --> 00:27:55,600 Speaker 1: whatever period of time is necessary. I mean, there's an 553 00:27:55,600 --> 00:27:57,800 Speaker 1: outer or limit how far he can extend it. But 554 00:27:57,840 --> 00:28:00,200 Speaker 1: I believe you know one week would be permissible under 555 00:28:00,240 --> 00:28:02,960 Speaker 1: the federal rules of civil procedure. So what we basically 556 00:28:03,000 --> 00:28:05,360 Speaker 1: know is that she's not having much of a relaxing vacation. 557 00:28:06,240 --> 00:28:09,080 Speaker 1: Oh no, no, no, she is, she is. It's summertime. 558 00:28:09,320 --> 00:28:12,760 Speaker 1: She has hundreds of cases, and I believe she's probably 559 00:28:13,200 --> 00:28:16,200 Speaker 1: on a beach somewhere and not even thinking about this case. 560 00:28:16,640 --> 00:28:19,720 Speaker 1: It's her law clerks that are scrambling to kind of 561 00:28:19,720 --> 00:28:22,159 Speaker 1: figure out how to how to put this matter on 562 00:28:22,200 --> 00:28:25,240 Speaker 1: the docket while she has hundreds of other cases, including 563 00:28:25,280 --> 00:28:28,399 Speaker 1: federal criminal trials, which have to take priority. I mean, 564 00:28:28,440 --> 00:28:32,800 Speaker 1: there's a Speedy Trial Act in under federal law, and 565 00:28:32,920 --> 00:28:36,680 Speaker 1: her docket is mainly dominated by trials throughout the week. 566 00:28:36,760 --> 00:28:40,200 Speaker 1: So for for a preliminary injunction hearing, she'll have to 567 00:28:40,200 --> 00:28:42,920 Speaker 1: find an hour or two hours, or even a half 568 00:28:42,920 --> 00:28:45,320 Speaker 1: hour somewhere. But I think that the hearing on the 569 00:28:45,560 --> 00:28:48,360 Speaker 1: on the PI is likely going to be much longer 570 00:28:48,400 --> 00:28:51,440 Speaker 1: in duration than the forty five minutes or so that 571 00:28:51,480 --> 00:28:54,040 Speaker 1: we're allotted to the tro If she has to find 572 00:28:54,080 --> 00:28:56,640 Speaker 1: two hours in the evening or after her criminal trial 573 00:28:56,720 --> 00:28:59,320 Speaker 1: concludes for a day, that's when it will take place. 574 00:28:59,360 --> 00:29:02,880 Speaker 1: But this will be this will no doubt be scheduled 575 00:29:02,920 --> 00:29:06,120 Speaker 1: at some point on or about October thirtieth, we're talking 576 00:29:06,120 --> 00:29:08,560 Speaker 1: to Daniel Wallack, who is a sports and gaming attorney 577 00:29:08,600 --> 00:29:12,400 Speaker 1: for Beckert and Poliakoff. He's talking us about the Ezechuel 578 00:29:12,440 --> 00:29:15,680 Speaker 1: Elliott legal battles. One question I have for you was 579 00:29:15,800 --> 00:29:20,720 Speaker 1: with regards to the Tom Brady case, the deflate gate case. 580 00:29:20,880 --> 00:29:23,760 Speaker 1: And We've heard a lot from from different people. I've 581 00:29:23,800 --> 00:29:26,600 Speaker 1: heard a lot from different people that you look at 582 00:29:26,640 --> 00:29:29,400 Speaker 1: that case and although Brady was able to play that 583 00:29:29,440 --> 00:29:31,479 Speaker 1: full season while things were kind of in the courts, 584 00:29:31,880 --> 00:29:35,200 Speaker 1: there still was this overlying thing that it's hard to 585 00:29:35,480 --> 00:29:38,440 Speaker 1: It's hard for judges, as as played out in that 586 00:29:38,560 --> 00:29:41,320 Speaker 1: case just case, it's hard for them to go against 587 00:29:41,760 --> 00:29:44,760 Speaker 1: basically what the players have agreed to, which is that 588 00:29:44,800 --> 00:29:47,600 Speaker 1: the commissioner of the NFL is the arbiter in these 589 00:29:47,640 --> 00:29:51,640 Speaker 1: cases and he has the ability to be able to say, definitively, 590 00:29:51,920 --> 00:29:54,120 Speaker 1: this player is gonna miss x amount of time because 591 00:29:54,160 --> 00:29:56,680 Speaker 1: of this penalty for whatever it was that they felt 592 00:29:56,680 --> 00:29:59,600 Speaker 1: like they did wrong. Is that the same thing in 593 00:29:59,640 --> 00:30:03,800 Speaker 1: this or do the issues of fundamental fairness now change that? 594 00:30:03,920 --> 00:30:07,600 Speaker 1: And cain of court provide remedy for players in these 595 00:30:07,680 --> 00:30:10,479 Speaker 1: kind of situations because it's not so much about the 596 00:30:10,560 --> 00:30:12,840 Speaker 1: right of the commissioner to be the arbiter. As much 597 00:30:12,840 --> 00:30:16,080 Speaker 1: as it is, the commissioner still has to be fair 598 00:30:16,120 --> 00:30:20,800 Speaker 1: in how they adjudicate these these particular issues. Yeah, I mean, Dave, 599 00:30:20,840 --> 00:30:23,560 Speaker 1: you nailed it right on the head. And the Tom 600 00:30:23,600 --> 00:30:27,320 Speaker 1: Brady deflate Gate case, the NFL Players Association raised the 601 00:30:27,400 --> 00:30:32,560 Speaker 1: issue of evident partiality and advanced the argument that um um, 602 00:30:32,880 --> 00:30:36,880 Speaker 1: Roger Goodell was was biased and uh you know, and 603 00:30:36,920 --> 00:30:41,120 Speaker 1: the union sought his removal in the Elliot case. Uh 604 00:30:41,360 --> 00:30:45,640 Speaker 1: you know, the union has recognized that their acquiescence to 605 00:30:45,680 --> 00:30:48,520 Speaker 1: a to a league appointed arbitrator is enshrined in the 606 00:30:48,560 --> 00:30:51,479 Speaker 1: collective bargaining agreement, so that that's almost a non starter, 607 00:30:51,840 --> 00:30:54,520 Speaker 1: and that wasn't raised by the union in their petition. 608 00:30:55,280 --> 00:30:58,520 Speaker 1: What they're arguing, however, is that, um, you know, the 609 00:30:58,560 --> 00:31:01,840 Speaker 1: fact that the NFL can pick and choose its arbitrator 610 00:31:02,160 --> 00:31:06,560 Speaker 1: doesn't mean that the union acquiesces to a fundamentally unfair 611 00:31:06,680 --> 00:31:10,800 Speaker 1: arbitration that will always be recognized in the Federal Arbitration 612 00:31:10,840 --> 00:31:15,240 Speaker 1: Act and by most circuits under the Labor Management Relations Act. 613 00:31:15,280 --> 00:31:18,520 Speaker 1: And this case is brought under the LMR. But the 614 00:31:18,600 --> 00:31:23,000 Speaker 1: case law that recognizes and the statute that recognizes the 615 00:31:23,040 --> 00:31:26,680 Speaker 1: fundamental fairness as one of the limited grounds on which 616 00:31:26,840 --> 00:31:30,080 Speaker 1: the federal judge can vacate an arbitration award. I believe 617 00:31:30,120 --> 00:31:33,719 Speaker 1: that travels to the labor arbitration context. Now, the Brady 618 00:31:33,760 --> 00:31:37,920 Speaker 1: decision did not foreclose the use of fundamental fairness in 619 00:31:37,960 --> 00:31:42,360 Speaker 1: future cases. While the court took great pains to state 620 00:31:42,440 --> 00:31:47,760 Speaker 1: that the fundamental fairness principle is not necessarily recognized in 621 00:31:47,800 --> 00:31:50,600 Speaker 1: the labor context, every court that has ever addressed it, 622 00:31:50,680 --> 00:31:53,240 Speaker 1: in the Second Circuit and in the lower federal courts 623 00:31:53,280 --> 00:31:57,320 Speaker 1: always analyzes the fundamental fairness argument on the merits. And 624 00:31:57,360 --> 00:31:59,800 Speaker 1: then we go to the issue of whether the court's 625 00:32:00,000 --> 00:32:04,480 Speaker 1: finding in deflate Gate is applicable to the Elliot case 626 00:32:04,520 --> 00:32:08,040 Speaker 1: and forecloses that argument on its merits. And I don't 627 00:32:08,040 --> 00:32:11,520 Speaker 1: believe that it does, because in the deflate Gate case, 628 00:32:11,920 --> 00:32:15,200 Speaker 1: the fundamental fairness argument that the Union raised well, the 629 00:32:15,240 --> 00:32:18,440 Speaker 1: main one was that they were denied the opportunity to 630 00:32:18,520 --> 00:32:24,600 Speaker 1: cross examine NFL lawyer and senior Vice president Jeffrey Pash, 631 00:32:24,680 --> 00:32:28,000 Speaker 1: who was one of the co authors of the Wells 632 00:32:28,040 --> 00:32:34,040 Speaker 1: investigative report and played some role in editing that investigative report. 633 00:32:34,280 --> 00:32:37,600 Speaker 1: That is a far cry from the accuser in a 634 00:32:37,640 --> 00:32:41,360 Speaker 1: domestic violence case. Now, the Second Circuit's deflate Gate opinion 635 00:32:42,480 --> 00:32:45,520 Speaker 1: rejected the fundamental fairness argument advanced by the Union because 636 00:32:45,560 --> 00:32:49,600 Speaker 1: it characterized Jeff Pash as a collateral, meaning an unimportant 637 00:32:49,720 --> 00:32:53,840 Speaker 1: or less important witness that was cumulative of much of 638 00:32:53,880 --> 00:32:57,240 Speaker 1: the other testimony from mister Wells and from the findings 639 00:32:57,240 --> 00:33:00,200 Speaker 1: in the Wells report. You can't get anywhere more more 640 00:33:00,320 --> 00:33:03,960 Speaker 1: essential in a domestic violence case than having the ability 641 00:33:04,200 --> 00:33:07,960 Speaker 1: to confront and cross examiner a cross examine the person 642 00:33:08,040 --> 00:33:11,040 Speaker 1: who accuses the player of domestic violence. That is the 643 00:33:11,200 --> 00:33:13,680 Speaker 1: entire there is almost the entirety of the League's case 644 00:33:13,720 --> 00:33:17,360 Speaker 1: against Elliot, And under the Personal Conduct Policy, the threshold 645 00:33:17,360 --> 00:33:21,000 Speaker 1: that the League has to establish is that credible evidence 646 00:33:21,240 --> 00:33:26,360 Speaker 1: supported the allegations. How can you meet that standard if 647 00:33:26,400 --> 00:33:29,520 Speaker 1: Elliot can't test the credibility of the testimony of the 648 00:33:29,560 --> 00:33:32,440 Speaker 1: person who put him under suspension. And that goes to 649 00:33:32,480 --> 00:33:35,240 Speaker 1: the very heart of the Seventh Amendment and sixth Amendment 650 00:33:35,640 --> 00:33:39,280 Speaker 1: right to confront your accuser. While while that principle is 651 00:33:39,320 --> 00:33:42,760 Speaker 1: not necessarily embedded under the rules of arbitration, which are 652 00:33:42,800 --> 00:33:47,720 Speaker 1: somewhat less formal, it does fit the I guess the 653 00:33:48,400 --> 00:33:54,080 Speaker 1: category of fundamental fairness and when an arbitrator deprives a 654 00:33:54,200 --> 00:33:58,160 Speaker 1: party of material and relevant testimony, well that is tant 655 00:33:58,160 --> 00:34:02,160 Speaker 1: amount to a fundamentally unfair arbitration. And this is the 656 00:34:02,200 --> 00:34:05,200 Speaker 1: most essential testimony that you could even conceive of. And 657 00:34:05,640 --> 00:34:08,720 Speaker 1: in a domestic violence case, the accuser in a he said, 658 00:34:09,040 --> 00:34:12,600 Speaker 1: she said situation. All right, Daniel, you kind of said 659 00:34:12,640 --> 00:34:14,759 Speaker 1: this a little bit earlier when we first had you on, 660 00:34:14,880 --> 00:34:17,400 Speaker 1: But do you feel like, not to put you on 661 00:34:17,400 --> 00:34:19,279 Speaker 1: the spot here, but do you feel like there's more 662 00:34:19,280 --> 00:34:22,400 Speaker 1: than one battle going on here that that you know, 663 00:34:22,440 --> 00:34:25,200 Speaker 1: we know the NFLPA and the NFL have have had 664 00:34:25,239 --> 00:34:27,640 Speaker 1: their issues and they're going to probably have more with 665 00:34:27,640 --> 00:34:30,680 Speaker 1: with more labor talks coming up maybe next year. Do 666 00:34:30,680 --> 00:34:34,000 Speaker 1: you feel like this is just the next case in 667 00:34:34,200 --> 00:34:37,560 Speaker 1: what these two sides are have been battling with each 668 00:34:37,600 --> 00:34:40,239 Speaker 1: other that you know, there's a there's a precedence here 669 00:34:40,280 --> 00:34:42,479 Speaker 1: that they want to make sure that as we head 670 00:34:42,520 --> 00:34:45,359 Speaker 1: into labor talks that you know, that their side kind 671 00:34:45,400 --> 00:34:48,040 Speaker 1: of wins here. Yeah, I mean, this case is going 672 00:34:48,080 --> 00:34:52,319 Speaker 1: to really elevate the critical issue going forward in the 673 00:34:52,960 --> 00:34:56,120 Speaker 1: labor negotiations because if Elliott prevails on the principle of 674 00:34:56,120 --> 00:34:59,799 Speaker 1: fundamental fairness, it creates a precedent that the union would 675 00:34:59,840 --> 00:35:03,120 Speaker 1: be able to establish in future domestic violence cases. We're 676 00:35:03,120 --> 00:35:06,399 Speaker 1: going to see if if Elliot wins, the accuser will 677 00:35:06,440 --> 00:35:10,719 Speaker 1: now likely have to participate in future arbitrations under the 678 00:35:10,760 --> 00:35:14,080 Speaker 1: personal conduct policy, and that creates that could create a 679 00:35:14,160 --> 00:35:18,120 Speaker 1: chilling effect for for witnesses and accusers. I mean Tiffany 680 00:35:18,160 --> 00:35:22,200 Speaker 1: Thompson cooperated voluntarily with the NFL during the investigation. If 681 00:35:22,239 --> 00:35:24,440 Speaker 1: she knew that she had to testify and the arbitration 682 00:35:24,560 --> 00:35:27,560 Speaker 1: bebect and be subjected to a withering cross examination from 683 00:35:27,600 --> 00:35:31,680 Speaker 1: Jeffrey Kessler, she might hesitate to cooperate with the NFL. 684 00:35:31,760 --> 00:35:34,960 Speaker 1: So this is a huge victory for the union in 685 00:35:35,080 --> 00:35:38,760 Speaker 1: battling against what they consider to be a one sided 686 00:35:39,040 --> 00:35:42,879 Speaker 1: personal conduct policy that was not collectively bargained. So this 687 00:35:43,000 --> 00:35:47,800 Speaker 1: could create a significant negotiation point when the collective bargaining 688 00:35:47,800 --> 00:35:50,000 Speaker 1: agreement comes to an end. So that's that's what the 689 00:35:50,080 --> 00:35:52,840 Speaker 1: league is fighting for here. It's not simply about Elliot's 690 00:35:52,880 --> 00:35:58,280 Speaker 1: six games, but about reinstating and bolstering its personal conduct policy. 691 00:35:58,560 --> 00:36:02,680 Speaker 1: That policy would be significantly undermined if the players Association, 692 00:36:02,920 --> 00:36:05,720 Speaker 1: we're able to score a victory on fundamental fairness grounds. 693 00:36:05,719 --> 00:36:09,759 Speaker 1: It would establish a precedent going forward and undermine the 694 00:36:09,880 --> 00:36:12,279 Speaker 1: victories that the league has achieved under de flate Gate 695 00:36:12,440 --> 00:36:15,200 Speaker 1: and under the Adrian Peterson case. I mean, while while 696 00:36:15,200 --> 00:36:19,360 Speaker 1: an arbitrator's evidentiary rulings are generally within the scope of 697 00:36:19,440 --> 00:36:25,279 Speaker 1: the arbitrator's discretion, there's a fine line between that discretion 698 00:36:25,760 --> 00:36:31,120 Speaker 1: and then the denial of material and relevant testimony, which 699 00:36:31,160 --> 00:36:33,359 Speaker 1: goes to the heart of the case. It really does 700 00:36:33,400 --> 00:36:36,520 Speaker 1: create some uncertainty going forward for the National Football League 701 00:36:36,560 --> 00:36:41,240 Speaker 1: and will ultimately lead to more challenges by the players 702 00:36:41,239 --> 00:36:45,239 Speaker 1: Association and more court challenges of arbitration decisions. And we're 703 00:36:45,239 --> 00:36:47,440 Speaker 1: going to be in future federal court battles. This is 704 00:36:47,440 --> 00:36:49,560 Speaker 1: not going to be the last one. If the players win, 705 00:36:49,680 --> 00:36:53,160 Speaker 1: it does create a significant opening for the union to 706 00:36:53,239 --> 00:36:56,640 Speaker 1: challenge arbitration decisions going forward. This is Daniel Wallack. We're 707 00:36:56,640 --> 00:37:00,120 Speaker 1: talking to him about the Ezechuel Elliott legal issues. Is 708 00:37:00,160 --> 00:37:02,920 Speaker 1: a sports and gaming attorney. And one more question we 709 00:37:02,920 --> 00:37:05,040 Speaker 1: have for you. We really appreciate your time. One more 710 00:37:05,120 --> 00:37:07,600 Speaker 1: question before you leave. So I know there's a lot 711 00:37:07,600 --> 00:37:09,719 Speaker 1: that we've talked about here, and there's probably some fans 712 00:37:09,719 --> 00:37:12,040 Speaker 1: out there listening that their heads are spinning at this point. 713 00:37:12,120 --> 00:37:14,480 Speaker 1: Probably got a lot more law than they really expected 714 00:37:14,600 --> 00:37:16,880 Speaker 1: or really can even wrap their arms around. So just 715 00:37:16,960 --> 00:37:18,600 Speaker 1: wrap it up in a bow for us using your 716 00:37:18,640 --> 00:37:23,799 Speaker 1: prognosticator hat. What do you think happens at the conclusion 717 00:37:23,840 --> 00:37:25,959 Speaker 1: of this How do you think this thing all ends? 718 00:37:26,200 --> 00:37:28,120 Speaker 1: From the standpoint of the next decision it has to 719 00:37:28,120 --> 00:37:31,040 Speaker 1: be made and the final decision as to whether Ezechuel 720 00:37:31,080 --> 00:37:34,160 Speaker 1: Elliott wins or doesn't win. Okay, fair point, we'll take 721 00:37:34,200 --> 00:37:37,080 Speaker 1: this in stages. There are three more court rulings that 722 00:37:37,120 --> 00:37:40,440 Speaker 1: are going to occur over the lifetime of the Elliot 723 00:37:40,520 --> 00:37:45,640 Speaker 1: versus NFL case. In two weeks, Judge Faila will in 724 00:37:45,719 --> 00:37:50,760 Speaker 1: all likelihood enter a preliminary injunction in Execuel Elliot's favor. 725 00:37:51,080 --> 00:37:54,960 Speaker 1: She will likely not disagree with her colleague on the 726 00:37:54,960 --> 00:37:57,680 Speaker 1: Southern District of New York Bench. Senior Judge Paul Croddy 727 00:37:57,800 --> 00:38:00,920 Speaker 1: is a very respected federal court judge. So when you 728 00:38:01,000 --> 00:38:03,280 Speaker 1: add up all of the decisions that have been issued 729 00:38:03,320 --> 00:38:06,799 Speaker 1: to date, the two from Judge Mazant, the one from 730 00:38:07,400 --> 00:38:12,480 Speaker 1: Judge Graves, and yesterday's TROO order from Judge Crotty. The 731 00:38:12,600 --> 00:38:17,000 Speaker 1: NFL Players Association is now armed with four significant federal 732 00:38:17,080 --> 00:38:20,319 Speaker 1: judicial opinions that I think allow it to clear the 733 00:38:20,400 --> 00:38:24,360 Speaker 1: hurdle of the likelihood of success on the merits. The 734 00:38:24,760 --> 00:38:28,160 Speaker 1: Judge Failure does not need to be persuaded that it's 735 00:38:28,200 --> 00:38:31,640 Speaker 1: certain that Eliot will prevail on the merits. There just 736 00:38:31,719 --> 00:38:34,480 Speaker 1: has to be a likelihood of success, and he already 737 00:38:34,480 --> 00:38:37,320 Speaker 1: has established that. And the key issue for me is 738 00:38:37,480 --> 00:38:41,720 Speaker 1: the irreparable harm if if Elliot misses any games because 739 00:38:41,719 --> 00:38:45,319 Speaker 1: he's denied a preliminary injunction, let's say he would later 740 00:38:45,400 --> 00:38:48,439 Speaker 1: win this case on appeal, Eliot will never be able 741 00:38:48,440 --> 00:38:51,520 Speaker 1: to recapture those games. They're gone forever. No federal court 742 00:38:51,560 --> 00:38:54,640 Speaker 1: has a time machine to restore that playing time. So 743 00:38:54,680 --> 00:38:57,040 Speaker 1: I think the status quo will be maintained on a 744 00:38:57,040 --> 00:39:00,719 Speaker 1: preliminary injunction. And if a preliminary injunction issue, then it 745 00:39:00,760 --> 00:39:03,720 Speaker 1: makes it much more likely than not that Judge Failer 746 00:39:03,800 --> 00:39:06,759 Speaker 1: will ultimately rule on the merits for the Players Association 747 00:39:06,880 --> 00:39:10,600 Speaker 1: on the principle of fundamental fairness. That decision could be 748 00:39:10,760 --> 00:39:13,799 Speaker 1: as quick as a month away. Because I believe all 749 00:39:13,840 --> 00:39:17,480 Speaker 1: of the briefing on this case is pretty close to complete, 750 00:39:17,680 --> 00:39:20,560 Speaker 1: and her decision on the validity of the arbitration award 751 00:39:20,600 --> 00:39:23,839 Speaker 1: will be based entirely on the arbitration record, which has 752 00:39:23,880 --> 00:39:28,000 Speaker 1: already been completed. While Jeffrey Kessler will be eager to 753 00:39:28,120 --> 00:39:31,800 Speaker 1: take Roger Goodell's deposition, I'm not certain that the judge 754 00:39:31,800 --> 00:39:34,759 Speaker 1: will allow open end to discovery in this case. So 755 00:39:34,800 --> 00:39:36,840 Speaker 1: I think you're going to see a decision in favor 756 00:39:36,880 --> 00:39:38,960 Speaker 1: of Elliot on the preliminary injunction in about two to 757 00:39:39,040 --> 00:39:42,840 Speaker 1: three weeks or less, and then a likely victory for 758 00:39:42,920 --> 00:39:46,560 Speaker 1: Elliot on the merits of the motion to vacate the 759 00:39:46,640 --> 00:39:49,040 Speaker 1: arbitration award, and you could see that come down at 760 00:39:49,080 --> 00:39:51,440 Speaker 1: some point in November. And then we head to the 761 00:39:51,520 --> 00:39:54,680 Speaker 1: second Circuit Us Court of Appeals, and the sixty four 762 00:39:54,719 --> 00:39:58,839 Speaker 1: thousand dollars question is whether the second Circuit will come 763 00:39:58,840 --> 00:40:02,400 Speaker 1: out with a ruling that distinguishes the deflate Gate decision. 764 00:40:02,760 --> 00:40:05,880 Speaker 1: Now we will I cannot prognosticate or predict how the 765 00:40:05,920 --> 00:40:08,600 Speaker 1: Second Circuit will rule without knowing the identity of the 766 00:40:08,640 --> 00:40:11,080 Speaker 1: three judges who will serve on the panel. For example, 767 00:40:11,640 --> 00:40:18,040 Speaker 1: if you have two democratically nominated two Democrats, one Republican. Well, 768 00:40:18,040 --> 00:40:20,880 Speaker 1: that certainly bolsters Elliot's chances. If you have one of 769 00:40:20,920 --> 00:40:23,880 Speaker 1: the same judges that ruled for Elliot that ruled for 770 00:40:23,920 --> 00:40:26,000 Speaker 1: Brady in to flate Gate, well that's a good thing. 771 00:40:26,160 --> 00:40:28,800 Speaker 1: But if Barrington Parker and Danny Chinner on that panel, 772 00:40:28,960 --> 00:40:32,000 Speaker 1: it's probably curtains for Elliott. And I believe at the 773 00:40:32,080 --> 00:40:34,880 Speaker 1: end of the day, Elliot is holding a very strong 774 00:40:35,000 --> 00:40:38,640 Speaker 1: argument on fundamental ground fundamental fairness grounds, because Brady and 775 00:40:39,480 --> 00:40:43,280 Speaker 1: Elliott are light years apart, and one can easily distinguish 776 00:40:43,360 --> 00:40:46,799 Speaker 1: Jeffrey Pasha's testimony in de flate Gate or the necessity 777 00:40:46,840 --> 00:40:52,360 Speaker 1: for it from the essential core of of Miss Thompson's testimony, 778 00:40:52,400 --> 00:40:54,440 Speaker 1: which goes to the very heart of the case on 779 00:40:54,480 --> 00:40:58,360 Speaker 1: the continuum of material and relevant testimony. If pass is 780 00:40:58,400 --> 00:41:01,400 Speaker 1: a one or a two, will certainly Tiffany Thompson is 781 00:41:01,440 --> 00:41:04,560 Speaker 1: like a ten or eleven, And I believe that's where 782 00:41:04,560 --> 00:41:07,200 Speaker 1: the two cases part company. And even under the second 783 00:41:07,200 --> 00:41:10,520 Speaker 1: Circuit ruling into flate Gate, I think the panel of 784 00:41:10,600 --> 00:41:13,359 Speaker 1: three judges would likely side with Elliott on the issue 785 00:41:13,360 --> 00:41:15,880 Speaker 1: of fundamental fanners. But it all comes down to the 786 00:41:15,920 --> 00:41:18,440 Speaker 1: luck of the draw and which three judges are assigned 787 00:41:18,480 --> 00:41:21,360 Speaker 1: to the appellate panel. All right, we really appreciate you 788 00:41:21,400 --> 00:41:24,640 Speaker 1: taking some time. Was really informative. We learned a lot 789 00:41:24,719 --> 00:41:27,720 Speaker 1: and we'll hopefully stay in touch if some other legal 790 00:41:27,719 --> 00:41:29,920 Speaker 1: issues come up, or certainly as this case continued, you'd 791 00:41:29,920 --> 00:41:32,040 Speaker 1: love to have you back on. It would be my pleasure. 792 00:41:32,040 --> 00:41:33,880 Speaker 1: Thanks for having me on today. It was a lot 793 00:41:33,880 --> 00:41:36,279 Speaker 1: of fun. All right, Thanks so much. Take care all right. 794 00:41:36,280 --> 00:41:38,359 Speaker 1: That was Daniel Wallack, who is a sports and gaming 795 00:41:38,360 --> 00:41:42,480 Speaker 1: attorney for Becker and Poliakoff, and he also has a 796 00:41:42,480 --> 00:41:45,880 Speaker 1: podcast of his own Conduct Detrimental. We had a lot 797 00:41:45,920 --> 00:41:48,600 Speaker 1: that he said there, Well, let's take a break. When 798 00:41:48,640 --> 00:41:50,399 Speaker 1: we come back, we'll kind of digest a little bit 799 00:41:50,400 --> 00:41:51,680 Speaker 1: more of that. See if we can get back more 800 00:41:51,680 --> 00:41:54,120 Speaker 1: into the San Francisco game as well. We'll do that 801 00:41:54,160 --> 00:41:56,479 Speaker 1: in the final segment, This is Dallas Cowboys dot Com Radio. 802 00:41:56,880 --> 00:41:59,640 Speaker 1: To work this big land, you need equipment with values 803 00:42:00,040 --> 00:42:02,480 Speaker 1: did as deep in Texas soil as you are, like 804 00:42:02,640 --> 00:42:05,839 Speaker 1: John Deer, Compact tractors with a six year power train, 805 00:42:05,920 --> 00:42:08,560 Speaker 1: warrant to hi big features that help you work less 806 00:42:08,680 --> 00:42:10,439 Speaker 1: so you have more time to do what you love. 807 00:42:10,800 --> 00:42:13,239 Speaker 1: John Deer was first in the Texas Fields and we're 808 00:42:13,280 --> 00:42:15,520 Speaker 1: proud to be on the field as the official agg 809 00:42:15,520 --> 00:42:18,760 Speaker 1: and turf equipment of the Dallas Cowboys. Find Texas sized 810 00:42:18,800 --> 00:42:23,360 Speaker 1: deals at my John Deer Dealer dot com. 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Having 827 00:43:06,160 --> 00:43:09,400 Speaker 1: a Cowboys football party without doctor Pepper is like having 828 00:43:09,400 --> 00:43:13,640 Speaker 1: Thanksgiving without the Cowboys. Basically, we wouldn't recommend it. So 829 00:43:13,880 --> 00:43:16,759 Speaker 1: next time you have a tailgate, homegate, or whatever else 830 00:43:16,840 --> 00:43:19,520 Speaker 1: kind of gate, grab some ice called doctor Pepper for 831 00:43:19,600 --> 00:43:23,000 Speaker 1: you and your friends to enjoy. It's a Dallas Cowboys tradition. 832 00:43:23,239 --> 00:43:26,200 Speaker 1: Doctor Pepper the one you crave. 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We appreciate you guys joining us. 845 00:44:04,480 --> 00:44:07,239 Speaker 1: A live from the SWBC Mortgage studios at the Star, 846 00:44:07,719 --> 00:44:10,279 Speaker 1: and that was a really interesting segment that we had there. 847 00:44:10,280 --> 00:44:12,480 Speaker 1: We had a Daniel Wallace joined us who was an 848 00:44:12,520 --> 00:44:15,440 Speaker 1: attorney who was able to give us some really good 849 00:44:15,480 --> 00:44:19,600 Speaker 1: insight into the Execuel Elliott case. I'll throw it out 850 00:44:19,600 --> 00:44:21,680 Speaker 1: to you guys, like, was there any what thing if 851 00:44:21,680 --> 00:44:24,200 Speaker 1: you had one thing, what one thing did you learn 852 00:44:24,320 --> 00:44:26,160 Speaker 1: there that you didn't quite know whether it was kind 853 00:44:26,160 --> 00:44:28,640 Speaker 1: of hazy to you that you can help make sense 854 00:44:28,680 --> 00:44:32,760 Speaker 1: for fans. Well, for me personally, that whole that was great, 855 00:44:32,840 --> 00:44:34,279 Speaker 1: But it was kind of like like have you ever 856 00:44:34,320 --> 00:44:36,399 Speaker 1: walked on a log, you know, You're just like, oh, 857 00:44:36,440 --> 00:44:38,880 Speaker 1: all right, I got this, I got oh, I'm gonna fall, Okay, 858 00:44:38,960 --> 00:44:41,400 Speaker 1: caught my balance. Like That's how I felt like the 859 00:44:41,440 --> 00:44:43,759 Speaker 1: whole time, just trying not to lose my grasp of 860 00:44:43,800 --> 00:44:48,880 Speaker 1: what he was talking about. Yeah, me personally, the background 861 00:44:48,880 --> 00:44:51,520 Speaker 1: information was really great. I feel like, you know, I've 862 00:44:51,560 --> 00:44:53,600 Speaker 1: been knee deep in this stuff for long enough that 863 00:44:53,640 --> 00:44:55,480 Speaker 1: I had a pretty good grasp on all of that. 864 00:44:55,560 --> 00:44:57,680 Speaker 1: But the big thing I just I wanted to know 865 00:44:57,840 --> 00:45:00,320 Speaker 1: more about what to expect in these next two weeks. 866 00:45:00,680 --> 00:45:03,879 Speaker 1: And I think, you know, I get you know, it's 867 00:45:04,000 --> 00:45:06,800 Speaker 1: it's his life and his reputation, and there's more important stuff. 868 00:45:06,840 --> 00:45:10,399 Speaker 1: But I think most fans just want to know Okaya playing, 869 00:45:10,400 --> 00:45:12,400 Speaker 1: when he playing? When? When can he play? How do 870 00:45:12,440 --> 00:45:17,120 Speaker 1: we know when he can play? What's the likelihood? Yeah? So, 871 00:45:17,440 --> 00:45:21,239 Speaker 1: I mean, you know, it's it sounds to me it's 872 00:45:21,280 --> 00:45:23,200 Speaker 1: not a guarantee, but it sounds to me from talking 873 00:45:23,239 --> 00:45:26,560 Speaker 1: to him that I would I'm leaning toward thinking Zeke 874 00:45:26,560 --> 00:45:29,280 Speaker 1: will be there for the Redskins too. Yeah, and then 875 00:45:29,320 --> 00:45:31,200 Speaker 1: who knows where it goes from there. It's like even 876 00:45:31,239 --> 00:45:33,279 Speaker 1: more than that, well, yeah, way he the way, If 877 00:45:33,280 --> 00:45:35,279 Speaker 1: it goes the way he says it goes, then he'll 878 00:45:35,320 --> 00:45:37,799 Speaker 1: be there play. Yeah, I'm not ready to. I'm not 879 00:45:37,840 --> 00:45:41,480 Speaker 1: ready to take that leap just yet. But so October 880 00:45:41,560 --> 00:45:45,160 Speaker 1: thirtieth is the day that I kind of have circled 881 00:45:45,200 --> 00:45:48,560 Speaker 1: in my mental calendar. What I'm curious and I didn't 882 00:45:48,560 --> 00:45:52,279 Speaker 1: ask him this, I thought about it, is you think 883 00:45:52,520 --> 00:45:55,719 Speaker 1: is it a coincidence that she's on vacation? Just just 884 00:45:55,760 --> 00:46:00,359 Speaker 1: the coincidence. I don't think there's some big, grand conspiracy. 885 00:46:00,400 --> 00:46:02,640 Speaker 1: I mean, why would there be. I'm not saying that 886 00:46:02,800 --> 00:46:06,360 Speaker 1: it's a conspiracy that she's on vacation. I'm saying, is 887 00:46:06,400 --> 00:46:09,920 Speaker 1: it this is just this is the judge that has 888 00:46:09,960 --> 00:46:12,680 Speaker 1: to see this case. Well, when it gets to a court, 889 00:46:12,719 --> 00:46:15,239 Speaker 1: it gets to a court by procedure, there's procedure that 890 00:46:15,560 --> 00:46:18,560 Speaker 1: puts it in specific courts. And so yeah, I wonder 891 00:46:18,600 --> 00:46:24,080 Speaker 1: if I don't felt PA maybe sought out this situation 892 00:46:24,200 --> 00:46:25,799 Speaker 1: so they could. But that's the point. They don't get 893 00:46:25,840 --> 00:46:27,520 Speaker 1: to choose which court. Like, if they want to choose 894 00:46:27,520 --> 00:46:29,600 Speaker 1: which court, they'd be back in Dallas. So I don't 895 00:46:29,640 --> 00:46:32,279 Speaker 1: know that they get to say, hey, this judge is gone, 896 00:46:32,360 --> 00:46:34,239 Speaker 1: let's use this court. I don't think it works like that. 897 00:46:34,640 --> 00:46:36,840 Speaker 1: I don't think it does either. Okay, I have a question, 898 00:46:37,080 --> 00:46:39,960 Speaker 1: and I'm not sure if he kind of talked about 899 00:46:40,000 --> 00:46:41,719 Speaker 1: it or not. Again, I was going up and down. 900 00:46:41,760 --> 00:46:45,640 Speaker 1: Well okay, I'm understanding. Okay, Well now I'm kind of confused. Okay, 901 00:46:46,480 --> 00:46:50,160 Speaker 1: to clear this thing up, we're fighting or they are 902 00:46:50,280 --> 00:46:53,879 Speaker 1: fighting against the whole fairness of the case. Right, Let's 903 00:46:53,920 --> 00:46:58,360 Speaker 1: say they say, okay, yes he was indeed treated unfair. 904 00:46:59,480 --> 00:47:02,240 Speaker 1: Now from that point, does he go to another court 905 00:47:02,239 --> 00:47:06,960 Speaker 1: and now they're actually hearing the whole case of what 906 00:47:07,239 --> 00:47:10,520 Speaker 1: really happened here. Let's hear both sides. I actually think 907 00:47:10,600 --> 00:47:12,600 Speaker 1: the way he was talking about it, that actually is 908 00:47:12,640 --> 00:47:15,319 Speaker 1: taking place at this point, because he said before and 909 00:47:15,360 --> 00:47:16,920 Speaker 1: that was the question I had for him about the 910 00:47:17,200 --> 00:47:19,120 Speaker 1: procedural things that have been ruled one at this point. 911 00:47:19,120 --> 00:47:21,480 Speaker 1: They were talking about the timing that they filed it 912 00:47:21,520 --> 00:47:24,520 Speaker 1: before the arbitration was done, and the venue they did 913 00:47:24,520 --> 00:47:26,160 Speaker 1: it in Dallas, it should have been in New York. 914 00:47:26,520 --> 00:47:28,520 Speaker 1: So it's like, those are the procedural things that have 915 00:47:28,560 --> 00:47:30,960 Speaker 1: already been ruled one at this point, from what he 916 00:47:31,040 --> 00:47:33,759 Speaker 1: was saying, the injunction at this point, that's up, that's 917 00:47:33,760 --> 00:47:36,279 Speaker 1: before the court that is going to look at things 918 00:47:36,280 --> 00:47:39,279 Speaker 1: like fundamental fairness, and so they are already looking at 919 00:47:39,320 --> 00:47:42,120 Speaker 1: and really what they're deciding right now is not necessarily 920 00:47:42,160 --> 00:47:45,600 Speaker 1: the case of what happened and whether he was unfairly treated. 921 00:47:46,080 --> 00:47:49,880 Speaker 1: It's more that they're trying to determine is there a 922 00:47:49,960 --> 00:47:53,239 Speaker 1: likelihood that he was unfairly treated and that should matter 923 00:47:53,280 --> 00:47:56,399 Speaker 1: in this case. So if that's the case, we need 924 00:47:56,440 --> 00:47:59,640 Speaker 1: to allow him this injunction so that in the meantime 925 00:47:59,640 --> 00:48:02,480 Speaker 1: he could continue to play while the court here's all 926 00:48:02,480 --> 00:48:04,760 Speaker 1: this stuff, while the court here's the case, while the 927 00:48:04,760 --> 00:48:07,520 Speaker 1: court deliberates on the case and before the court can 928 00:48:07,560 --> 00:48:09,960 Speaker 1: actually make a decision on it. So it's really just 929 00:48:10,040 --> 00:48:12,239 Speaker 1: right now they're trying to figure out is this a 930 00:48:12,320 --> 00:48:14,560 Speaker 1: likelyod It's almost like you're in that process of figuring 931 00:48:14,560 --> 00:48:16,600 Speaker 1: out is this a case worth hearing? And if it's 932 00:48:16,600 --> 00:48:18,799 Speaker 1: a case worth hearing, then you need to give him 933 00:48:18,840 --> 00:48:21,360 Speaker 1: time to continue to play if you believe that, again 934 00:48:21,480 --> 00:48:24,319 Speaker 1: he can lose something that he can't get back, and 935 00:48:24,360 --> 00:48:27,480 Speaker 1: then we would know if in fact he did commit 936 00:48:28,120 --> 00:48:31,920 Speaker 1: domestic violence or not. Right, I don't know that they 937 00:48:31,920 --> 00:48:35,480 Speaker 1: will ever judge on that, but they're judging on what 938 00:48:35,520 --> 00:48:38,240 Speaker 1: they're judging on that's already been judged by the NFL. 939 00:48:38,520 --> 00:48:41,560 Speaker 1: The courts, as far as that's concerned, they decided there 940 00:48:41,640 --> 00:48:43,600 Speaker 1: wasn't enough to even have a case. If you remember 941 00:48:43,640 --> 00:48:45,840 Speaker 1: back before all this started with the NFL, the courts 942 00:48:45,840 --> 00:48:48,520 Speaker 1: already decided that. So the courts right now are not 943 00:48:48,600 --> 00:48:51,520 Speaker 1: deciding whether he's guilty or innocent of domestic violence. What 944 00:48:51,560 --> 00:48:54,160 Speaker 1: they are talking about is was the process fair in 945 00:48:54,200 --> 00:48:56,960 Speaker 1: the NFL determining that he should be suspended? And I 946 00:48:57,000 --> 00:49:01,440 Speaker 1: get I guess the ruling of the NFL when it 947 00:49:01,440 --> 00:49:04,560 Speaker 1: comes to that. I think, obviously if he was treated unfairly, 948 00:49:05,000 --> 00:49:08,520 Speaker 1: it kind of goes into the whole case itself, like 949 00:49:08,640 --> 00:49:12,600 Speaker 1: whether he was, let's say, innocent or guilty, you know 950 00:49:12,640 --> 00:49:16,680 Speaker 1: what I mean. So the fact of giving him the 951 00:49:16,719 --> 00:49:20,000 Speaker 1: time or whatever for him to provide all the information 952 00:49:20,040 --> 00:49:23,080 Speaker 1: that needed to be provided and having Tiffany be up 953 00:49:23,120 --> 00:49:26,080 Speaker 1: there in front of him and saying everything. I mean, 954 00:49:26,160 --> 00:49:31,000 Speaker 1: that plays into the case and I don't I don't 955 00:49:31,040 --> 00:49:33,480 Speaker 1: know how to really explain it. It goes into the 956 00:49:33,520 --> 00:49:36,040 Speaker 1: whole unfairness thing, but at the same time it goes 957 00:49:36,080 --> 00:49:40,080 Speaker 1: to is he guilty or not? Aside from that, That's 958 00:49:40,080 --> 00:49:43,479 Speaker 1: where my head kind of gets fuzzy, Like I put 959 00:49:43,520 --> 00:49:47,480 Speaker 1: the fairness aside. Even if he was treated fairly, do 960 00:49:48,080 --> 00:49:51,080 Speaker 1: we have enough proof to where we know if he 961 00:49:51,200 --> 00:49:53,799 Speaker 1: did it or not? And I don't think there is. 962 00:49:53,840 --> 00:49:56,680 Speaker 1: I mean, at the NFL had enough proof where they 963 00:49:56,680 --> 00:50:00,279 Speaker 1: felt like there was a likelihood that something happened inappropriately, right, 964 00:50:00,520 --> 00:50:03,040 Speaker 1: the court said in the very beginning there was not 965 00:50:03,239 --> 00:50:06,000 Speaker 1: enough evidence for them to even take it to trial. Right, 966 00:50:06,400 --> 00:50:09,279 Speaker 1: So if you're trying to get an answer on whether 967 00:50:09,320 --> 00:50:11,400 Speaker 1: he did it or not, I'm sorry to tell you, 968 00:50:11,440 --> 00:50:13,200 Speaker 1: but I don't know if there's enough proof one way 969 00:50:13,239 --> 00:50:15,200 Speaker 1: or the other to say, really did it or did 970 00:50:15,320 --> 00:50:18,839 Speaker 1: The material is out there and you can go read 971 00:50:18,920 --> 00:50:20,839 Speaker 1: it and look through it and come to your own 972 00:50:20,840 --> 00:50:23,399 Speaker 1: determination about you know, how you feel about it. Who 973 00:50:23,440 --> 00:50:27,239 Speaker 1: you feel is, oh, I've looked through all that. Well 974 00:50:26,880 --> 00:50:29,239 Speaker 1: that kind as much as you're gonna that's all you got. 975 00:50:29,320 --> 00:50:31,560 Speaker 1: You gotta you make a determination about how you feel 976 00:50:31,560 --> 00:50:34,120 Speaker 1: about it. But that's I guess for me to feel 977 00:50:34,160 --> 00:50:37,000 Speaker 1: good about this whole thing and come to resolution for 978 00:50:37,200 --> 00:50:40,279 Speaker 1: my own you know inside and my own mind is 979 00:50:40,320 --> 00:50:43,719 Speaker 1: to have both of them in front of me. See Tiffany, 980 00:50:44,640 --> 00:50:47,480 Speaker 1: do your own investigations aside. Let's put aside the whole 981 00:50:47,520 --> 00:50:51,759 Speaker 1: fairness of the lead, you know which, I'm glad that fine, 982 00:50:51,800 --> 00:50:55,120 Speaker 1: if we work. Can we do that on the break. 983 00:50:55,320 --> 00:50:57,840 Speaker 1: Let's do it on the break. Everyone says what actually happened? 984 00:50:57,840 --> 00:51:00,440 Speaker 1: We hear both sides right in front of each Let's 985 00:51:00,440 --> 00:51:02,600 Speaker 1: see if they can both tell them. I mean, you know, 986 00:51:02,760 --> 00:51:05,920 Speaker 1: what's interesting that you say that? And I don't know 987 00:51:05,920 --> 00:51:09,080 Speaker 1: if you have to be a female to have this perspective. 988 00:51:09,120 --> 00:51:12,319 Speaker 1: I don't think you do, but I'm curious. It's like 989 00:51:12,360 --> 00:51:15,040 Speaker 1: it's kind of feels weird to like be rooting for Zeke, 990 00:51:15,760 --> 00:51:18,359 Speaker 1: you know, just because he's on this team and all that. 991 00:51:18,440 --> 00:51:20,960 Speaker 1: I mean, it seems like maybe what you're saying is 992 00:51:20,960 --> 00:51:24,200 Speaker 1: is that you want to know kind of what happened here? 993 00:51:24,239 --> 00:51:26,840 Speaker 1: Should I want you to to win this thing? Or 994 00:51:26,840 --> 00:51:29,160 Speaker 1: should should you not? Do you deserve to win? And see, 995 00:51:29,160 --> 00:51:31,719 Speaker 1: that's the thing we don't really we know. And I 996 00:51:31,719 --> 00:51:33,799 Speaker 1: think that's what's so weird about this whole case with 997 00:51:33,840 --> 00:51:36,120 Speaker 1: the NFL and and why I kind of asked that 998 00:51:36,200 --> 00:51:38,600 Speaker 1: question about moving forward. I think this is a really 999 00:51:38,640 --> 00:51:41,319 Speaker 1: big case for you know, does the NFL really get 1000 00:51:41,360 --> 00:51:43,880 Speaker 1: to play judge and jury here because you know, the 1001 00:51:44,440 --> 00:51:47,359 Speaker 1: court system in Ohio didn't think it needed to go 1002 00:51:47,400 --> 00:51:50,120 Speaker 1: to trial, and now that they're you know that they thought, 1003 00:51:50,160 --> 00:51:52,880 Speaker 1: well it's worthy of six games. So this is going 1004 00:51:52,960 --> 00:51:56,200 Speaker 1: to be a really big case in the new Labor 1005 00:51:56,320 --> 00:52:00,000 Speaker 1: talks about how much power Goodell and the NFL really 1006 00:52:00,120 --> 00:52:03,600 Speaker 1: has well, And that's It's It's convenient in a way 1007 00:52:03,640 --> 00:52:06,440 Speaker 1: because I think you can compartmentalize this whole thing like 1008 00:52:06,520 --> 00:52:10,759 Speaker 1: between like this is about domestic violence, but it has 1009 00:52:10,840 --> 00:52:15,000 Speaker 1: become about something completely different, Like you can at least 1010 00:52:15,000 --> 00:52:18,040 Speaker 1: I can separate the two and say it looked like 1011 00:52:18,120 --> 00:52:20,839 Speaker 1: one way or another, some schiv stuff happened here, Like 1012 00:52:20,920 --> 00:52:24,040 Speaker 1: this doesn't look good based on you know, court testimony, 1013 00:52:24,120 --> 00:52:27,480 Speaker 1: witness testimony, whether it's conflicting or not, whether it's all 1014 00:52:27,480 --> 00:52:30,359 Speaker 1: true or not. There's some bad stuff going on here 1015 00:52:30,719 --> 00:52:32,959 Speaker 1: that's not great. But then I can look over here 1016 00:52:33,360 --> 00:52:35,759 Speaker 1: and everything that's happened since then, how the NFL has 1017 00:52:35,800 --> 00:52:38,160 Speaker 1: handled this, the fairness of how they did it, and 1018 00:52:38,200 --> 00:52:41,920 Speaker 1: I can say that's not right. And you know, regardless 1019 00:52:41,960 --> 00:52:45,880 Speaker 1: of how guilty or innocent he is, the process that 1020 00:52:45,920 --> 00:52:48,360 Speaker 1: the league goes through for all this stuff is wrong 1021 00:52:48,440 --> 00:52:51,480 Speaker 1: in my opinion, and so you can almost kind of 1022 00:52:51,520 --> 00:52:53,680 Speaker 1: have it both ways, and like I don't I don't 1023 00:52:53,719 --> 00:52:57,200 Speaker 1: have to condemn or exonerate Ezekiel Elliott to know that 1024 00:52:57,239 --> 00:53:00,359 Speaker 1: this is messed up. Well, I agree, you can kind 1025 00:53:00,400 --> 00:53:03,719 Speaker 1: of I look at it as almost two completely separate factors. 1026 00:53:03,960 --> 00:53:05,920 Speaker 1: And what I think this go ahead and I was 1027 00:53:05,920 --> 00:53:09,479 Speaker 1: just gonna say that that's absolutely agree is two different things. 1028 00:53:09,520 --> 00:53:13,560 Speaker 1: But to me, it's really sad that the whole procedure 1029 00:53:13,680 --> 00:53:17,960 Speaker 1: thing is kind of taking over something that could have 1030 00:53:18,200 --> 00:53:24,000 Speaker 1: like if it did indeed happen, like that's something very important, 1031 00:53:24,080 --> 00:53:27,040 Speaker 1: Like you know that that's a real deal right there. 1032 00:53:27,080 --> 00:53:29,480 Speaker 1: You know, you can't just let something like that just 1033 00:53:29,600 --> 00:53:31,919 Speaker 1: fly by and know, we're cool here, we're good. Let's 1034 00:53:31,960 --> 00:53:35,239 Speaker 1: just focus on this whole procedure and stuff. That's where 1035 00:53:35,880 --> 00:53:38,040 Speaker 1: I guess I just kind of get upset about this 1036 00:53:38,080 --> 00:53:40,760 Speaker 1: whole thing, is that that has taken the light of 1037 00:53:40,920 --> 00:53:44,440 Speaker 1: the whole case, the whole procedure, and not really focusing 1038 00:53:44,480 --> 00:53:47,439 Speaker 1: on what actually happened. You know what, That's a great point, 1039 00:53:47,520 --> 00:53:50,840 Speaker 1: but let's not forget the NFL took thirteen months to 1040 00:53:51,520 --> 00:53:56,960 Speaker 1: do this investigation, thirteen months on something that, excuse me, 1041 00:53:57,040 --> 00:54:00,319 Speaker 1: thirteen months that the court system in Ohio already threw route. 1042 00:54:00,600 --> 00:54:04,120 Speaker 1: So and then they made a decision before the season. 1043 00:54:04,880 --> 00:54:08,239 Speaker 1: I think that they kind of thought that they would 1044 00:54:08,280 --> 00:54:11,479 Speaker 1: just kind of take it and go and and Zeke 1045 00:54:11,520 --> 00:54:15,200 Speaker 1: has fought back on this. And think about this, anything 1046 00:54:15,280 --> 00:54:19,239 Speaker 1: that you spend a million dollars on, you probably have 1047 00:54:19,400 --> 00:54:22,360 Speaker 1: some kind of passion whatever it is, whatever cost a 1048 00:54:22,400 --> 00:54:24,600 Speaker 1: million dollars. And when it's all said none, this is 1049 00:54:24,640 --> 00:54:28,160 Speaker 1: gonna be about a million dollars for Zeke and legal costs. So, 1050 00:54:28,840 --> 00:54:32,920 Speaker 1: I mean, he obviously feels like he's got a case here. 1051 00:54:32,920 --> 00:54:34,799 Speaker 1: You don't. You don't spend that much money for it. 1052 00:54:34,880 --> 00:54:37,839 Speaker 1: So I agree with your point that technicalities are kind 1053 00:54:37,840 --> 00:54:40,960 Speaker 1: of taken over this, But the NFL kind of opened 1054 00:54:40,960 --> 00:54:44,120 Speaker 1: this can of worms when they opened up the investigation, 1055 00:54:44,239 --> 00:54:45,960 Speaker 1: took thirteen months to do it, and did it right 1056 00:54:46,040 --> 00:54:47,759 Speaker 1: before the season. Of course you're going to fight back, 1057 00:54:47,840 --> 00:54:49,520 Speaker 1: but I think the thing has to be pointed out 1058 00:54:49,560 --> 00:54:52,399 Speaker 1: here Amber, particularly to to what you're saying, is that 1059 00:54:52,920 --> 00:54:55,440 Speaker 1: the courts of the legal authorities already have weighed in 1060 00:54:55,520 --> 00:54:57,960 Speaker 1: on this, and what they weighed in on was there 1061 00:54:58,080 --> 00:55:01,080 Speaker 1: is not enough evidence here for us to sewercase. And 1062 00:55:01,400 --> 00:55:04,000 Speaker 1: so I think and that's I think this whole thing 1063 00:55:04,080 --> 00:55:07,600 Speaker 1: kind of highlights the problem with the NFL getting into 1064 00:55:07,600 --> 00:55:11,799 Speaker 1: the business of judging players, because if you think about 1065 00:55:11,840 --> 00:55:14,360 Speaker 1: it this country, there's a lot of rules, there's a 1066 00:55:14,360 --> 00:55:17,000 Speaker 1: lot of laws, there's a lot of there's their constitutional 1067 00:55:17,000 --> 00:55:19,839 Speaker 1: amendments that are made for the purposes of making sure 1068 00:55:19,960 --> 00:55:22,360 Speaker 1: that the rights of the accuser are protected and that 1069 00:55:22,480 --> 00:55:28,200 Speaker 1: how we adjudicate wrong crimes is done the right way 1070 00:55:28,280 --> 00:55:30,920 Speaker 1: and done by a certain procedure. And when the NFL 1071 00:55:30,960 --> 00:55:33,399 Speaker 1: gets into that business, now the NFL has to live 1072 00:55:33,400 --> 00:55:36,319 Speaker 1: according those things. As well, and they're not suited for that, 1073 00:55:36,440 --> 00:55:39,719 Speaker 1: Like this is a this is a football organization. They 1074 00:55:39,719 --> 00:55:42,879 Speaker 1: are not suited to to be able to properly as 1075 00:55:42,920 --> 00:55:48,160 Speaker 1: a court would properly adjudicate a like say, adjudicate because 1076 00:55:48,160 --> 00:55:49,880 Speaker 1: it makes you sound it does make me sound smart. 1077 00:55:49,920 --> 00:55:51,919 Speaker 1: But my point is, My point is that I think 1078 00:55:52,000 --> 00:55:54,239 Speaker 1: that's the problem in this whole thing is that the 1079 00:55:54,360 --> 00:55:58,000 Speaker 1: NFL is not, I don't think properly equipped to handle 1080 00:55:58,040 --> 00:55:59,920 Speaker 1: these kinds of things in the way a court would. 1081 00:56:00,200 --> 00:56:03,080 Speaker 1: And if you want to have some kind of guidance 1082 00:56:03,160 --> 00:56:05,880 Speaker 1: on what actually happened, I think you have to go 1083 00:56:05,920 --> 00:56:09,040 Speaker 1: back to the legal authorities who originally said, hey, there's 1084 00:56:09,080 --> 00:56:12,040 Speaker 1: not enough stuff here, because there's so much gray area 1085 00:56:12,120 --> 00:56:16,640 Speaker 1: around this whole thing. There are there are lots of inaccuracies, 1086 00:56:16,920 --> 00:56:18,200 Speaker 1: and there are a lot of things that have been 1087 00:56:18,280 --> 00:56:20,759 Speaker 1: said that that point to the fact that there's not 1088 00:56:20,920 --> 00:56:22,879 Speaker 1: enough evidence here for us to be able to even 1089 00:56:22,920 --> 00:56:25,120 Speaker 1: take this to trial, not let alone say he's guilty 1090 00:56:25,200 --> 00:56:27,879 Speaker 1: or innocent, but to even take it to trial. That's 1091 00:56:27,920 --> 00:56:29,880 Speaker 1: what gives me a little more solace in the fact 1092 00:56:29,880 --> 00:56:32,040 Speaker 1: that it's hard to believe that then he should have 1093 00:56:32,080 --> 00:56:33,839 Speaker 1: to sit for six games. If a court already said 1094 00:56:33,840 --> 00:56:35,600 Speaker 1: there's not enough hear of for us to even you know, 1095 00:56:35,640 --> 00:56:39,000 Speaker 1: take to court. I agree, And I guess the way 1096 00:56:39,120 --> 00:56:41,879 Speaker 1: I see it, or where I come into this whole 1097 00:56:41,880 --> 00:56:44,080 Speaker 1: mass in my head is the fact that, yeah, they 1098 00:56:44,160 --> 00:56:47,200 Speaker 1: said that, but again, you don't ever really know how 1099 00:56:47,280 --> 00:56:50,200 Speaker 1: much you can trust, like sometimes the system is not 1100 00:56:50,280 --> 00:56:53,520 Speaker 1: always perfect, absolutely, but that's all you have. Like, yeah, yeah, 1101 00:56:53,560 --> 00:56:57,000 Speaker 1: but there's nothing better than the system. We don't we 1102 00:56:57,080 --> 00:57:00,359 Speaker 1: don't know. But okay, the court made that decision, all right. 1103 00:57:00,440 --> 00:57:03,839 Speaker 1: Then the NFL comes in, and to think that they 1104 00:57:03,880 --> 00:57:06,440 Speaker 1: went through all this trouble and all this time and 1105 00:57:06,520 --> 00:57:10,440 Speaker 1: actually going against what everyone expected and going against what 1106 00:57:10,600 --> 00:57:14,480 Speaker 1: Jerry Jones has said to begin with, you would think 1107 00:57:14,560 --> 00:57:17,640 Speaker 1: that they have enough to back that up. Right, So 1108 00:57:17,680 --> 00:57:19,880 Speaker 1: now you have what the course said and what the 1109 00:57:20,000 --> 00:57:23,840 Speaker 1: NFL is saying. So looking at both of them, it's 1110 00:57:24,000 --> 00:57:28,000 Speaker 1: it goes back to him versus him type of thing, 1111 00:57:28,080 --> 00:57:31,040 Speaker 1: like one person versus the other. Right, you know what 1112 00:57:31,040 --> 00:57:33,600 Speaker 1: I'm saying, I don't understand, like you say this thing, 1113 00:57:33,760 --> 00:57:36,200 Speaker 1: this one thing now, Nick is saying this one thing 1114 00:57:36,440 --> 00:57:40,560 Speaker 1: right now, it's one against one of what each party 1115 00:57:40,680 --> 00:57:45,160 Speaker 1: believes that happened right now. That's where I'm like, Okay, 1116 00:57:45,240 --> 00:57:47,880 Speaker 1: I want to know what actually happened here. And although 1117 00:57:47,920 --> 00:57:51,800 Speaker 1: we have seen all the whatever they listed that Tiffany 1118 00:57:51,840 --> 00:57:54,120 Speaker 1: said and this and that, it just gets a little. 1119 00:57:55,440 --> 00:57:59,120 Speaker 1: It creates more questions about the whole thing, and it's 1120 00:57:59,120 --> 00:58:03,200 Speaker 1: just it's big. It became really messy and created a 1121 00:58:03,280 --> 00:58:07,080 Speaker 1: lot of confusions and questions, and I guess I'm at 1122 00:58:07,080 --> 00:58:10,400 Speaker 1: the point to where, Okay, if Sik is indeed going 1123 00:58:10,440 --> 00:58:14,880 Speaker 1: through all this trouble too and putting out all this 1124 00:58:15,120 --> 00:58:20,800 Speaker 1: money and time and effort, I would say I would 1125 00:58:20,840 --> 00:58:24,480 Speaker 1: hope that he is, in fact, you know, innocent, And 1126 00:58:24,560 --> 00:58:27,520 Speaker 1: even though we might not ever find out what actually 1127 00:58:27,600 --> 00:58:31,200 Speaker 1: happened there, whether he was innocent or not, I think 1128 00:58:31,200 --> 00:58:35,040 Speaker 1: that maybe by him doing all this, that does give 1129 00:58:35,680 --> 00:58:40,400 Speaker 1: people another perspective of maybe create an idea of like, Okay, 1130 00:58:40,440 --> 00:58:44,680 Speaker 1: maybe he is innocent, and now let's just focus on, yeah, 1131 00:58:44,720 --> 00:58:49,040 Speaker 1: the whole mess of how the NFL handles every situation 1132 00:58:49,120 --> 00:58:51,320 Speaker 1: in case and all that where there's a ton still 1133 00:58:51,400 --> 00:58:54,120 Speaker 1: left to go. It sounds like and obviously the next 1134 00:58:54,120 --> 00:58:57,000 Speaker 1: couple of weeks they'll be at least one decision that 1135 00:58:57,040 --> 00:58:59,600 Speaker 1: will further this thing and kind of move this thing 1136 00:58:59,600 --> 00:59:01,440 Speaker 1: along a little bit more. What we do know is 1137 00:59:01,440 --> 00:59:03,760 Speaker 1: that Ezekiel Ellet will be there to play against the 1138 00:59:03,800 --> 00:59:07,280 Speaker 1: San Francisco forty nine ers this Sunday at three oh 1139 00:59:07,360 --> 00:59:10,480 Speaker 1: five Central time, And so tomorrow we'll jump into that 1140 00:59:10,520 --> 00:59:12,800 Speaker 1: and talk about the San Francisco forty nine ers and 1141 00:59:13,000 --> 00:59:15,680 Speaker 1: what the Cowboys can't expect when they faced them on Sunday. 1142 00:59:15,680 --> 00:59:17,920 Speaker 1: Till then for Nick Eaton, Dave Hellman, and regard see, 1143 00:59:17,960 --> 00:59:19,280 Speaker 1: I'm Derek Egels and this has been In the Break 1144 00:59:19,320 --> 00:59:24,080 Speaker 1: live on Dallas Cowboys dot Com Radio. This has been 1145 00:59:24,080 --> 00:59:27,320 Speaker 1: a production of Dallas Cowboys dot Com and the Dallas 1146 00:59:27,320 --> 00:59:28,560 Speaker 1: Cowboys Football Club.