WEBVTT - Cowboys Break: A Look At The Legal Side

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<v Speaker 1>The following is a production of Dallas Cowboys dot Com

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<v Speaker 1>and the Dallas Cowboys Football Club. Are you ready for

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<v Speaker 1>a break? Yes? Are you ready for a break? Absolutely?

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<v Speaker 1>Ready for a break? Yeah? And so much for that.

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<v Speaker 1>It's time for The Break on Dallas Cowboys dot Com

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<v Speaker 1>and bar Garcia and Derek Eagleton. It is Wednesday, October eighteenth,

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<v Speaker 1>twenty seventeen, Season thirteen, Episode and fifty six. Welcome to

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<v Speaker 1>another edition of The Break. I'm Derek Eagleton and we're

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<v Speaker 1>gonna talk some Cowboys football here with you guys today.

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<v Speaker 1>We're gonna talk about some legal stuff here today. And

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<v Speaker 1>I know that over the last few days, really over

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<v Speaker 1>the last few weeks, we've had a lot of legal

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<v Speaker 1>issues with regards to Zeke Elliott, and every day when

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<v Speaker 1>we start those conversations, I always toss it over to

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<v Speaker 1>Nick and Dave and ask them to be our resident attorneys.

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<v Speaker 1>And they've done a fairly good job, fairly fairly good jobs,

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<v Speaker 1>somewhat of a good job being able to explain this stuff.

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<v Speaker 1>But we figured this morning we're going to give it

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<v Speaker 1>to the legal experts. So we're going to have mister

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<v Speaker 1>Daniel Wallace join us here in just a moment. He's

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<v Speaker 1>a sports attorney who is going to give us some

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<v Speaker 1>insights on He's been following this case really closely. I

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<v Speaker 1>don't know if you followed him on Twitter, but he's

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<v Speaker 1>a really great follow on Twitter, has a lot of

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<v Speaker 1>great insight. So we figured we'd have him on and

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<v Speaker 1>let you guys hear from him directly to give us

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<v Speaker 1>some context on the legal side of what's happening with

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<v Speaker 1>ezekiel La. Before we have him on, though, Dave and

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<v Speaker 1>Nick and Amber, I would like to at least get

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<v Speaker 1>us everyone caught up on what happened yesterday. With regards

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<v Speaker 1>of this case. It sounds like at this point it's

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<v Speaker 1>back on he's playing for now? How long is he playing?

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<v Speaker 1>Is it just this week? Is it next week? What

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<v Speaker 1>are we looking at right now? As far as we

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<v Speaker 1>understand it, well, this one, you know, you hear the

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<v Speaker 1>term temporary restraining order. You filed an injunction last time,

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<v Speaker 1>and it was a little more open ended. This one

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<v Speaker 1>has a finite time limit. It's fourteen days or or earlier,

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<v Speaker 1>at the most fourteen days, at the most fourteen days.

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<v Speaker 1>This this issue has to be ruled on by the

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<v Speaker 1>presiding judge by I believe October thirtieth, but it can

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<v Speaker 1>be ruled on before. So it stands to reason that

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<v Speaker 1>he will play against San Francisco and he could potentially

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<v Speaker 1>play against Washington while this is in effect. But basically

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<v Speaker 1>the judge, who you know, judge who's supposed to rule

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<v Speaker 1>on this, is on vacation right now, and so there's

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<v Speaker 1>a four fourteen day window. I don't know when she

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<v Speaker 1>gets back. That's the thing. So a good time for vacations,

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<v Speaker 1>right everybody is not rotator around it. I was thinking

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<v Speaker 1>about that last night. I was like, yeah, I mean,

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<v Speaker 1>it would be cool to take a vacation in October.

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<v Speaker 1>That's not really he were to us, but yeah, yeah,

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<v Speaker 1>that sounds great. Though the rest of the world, I'm

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<v Speaker 1>sure it's it's not a bad time. So, like I said,

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<v Speaker 1>it seems like a very good bet he'll be available

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<v Speaker 1>for San Francisco. It's possible or maybe even likely, he'll

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<v Speaker 1>be available for Washington, but maybe not. But he's got

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<v Speaker 1>fourteen days ish before this goes back to a judge

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<v Speaker 1>and then we know what comes next. But even with

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<v Speaker 1>I know that, what I what I thought I saw

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<v Speaker 1>was that by the thirtieth was when this case has

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<v Speaker 1>to be or no, by the twenty ninth is when

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<v Speaker 1>this case has to be heard. Is that accurate? The

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<v Speaker 1>game against Washington is on the twenty ninth, by the

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<v Speaker 1>thirtieth when it has to be heard, and even at

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<v Speaker 1>that when it's heard, that doesn't mean you're necessarily going

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<v Speaker 1>to get a quick response on whatever is is discussed

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<v Speaker 1>in the hearing. Correct. I guess that's technically true. But

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<v Speaker 1>I mean this was save him, Derek. This was heard,

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<v Speaker 1>but I mean this was heard yesterday and decided on yesterday. Like,

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<v Speaker 1>I don't this is I'm I don't think this is

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<v Speaker 1>that like slow grinding legal process where it's going to

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<v Speaker 1>sit in court for uh, you know, weeks and weeks.

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<v Speaker 1>I mean, even you go back to the injunction that

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<v Speaker 1>was filed in Sherman. The judge heard the arguments on

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<v Speaker 1>Tuesday and ruled on Friday. So I think you're talking

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<v Speaker 1>a couple hours to maybe a couple of days at most.

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<v Speaker 1>I mean, I don't. I don't think this is gonna

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<v Speaker 1>be something that drags out once it has hurt again. Wait,

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<v Speaker 1>what's that? Yeah, Darren McFadden just got dropped in another

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<v Speaker 1>fantasy league. That's right, Morris too. This keeps happening. Yeah,

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<v Speaker 1>I'm sure you've got that roster alert that says Darren

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<v Speaker 1>McFadden has been dropped in forty six thousand leagues. Yeah,

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<v Speaker 1>I mean he's is he explaining this week? I mean,

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<v Speaker 1>and that's that's that's good for the Cowboys. I mean,

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<v Speaker 1>that's good for for this team. I Mean we've said

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<v Speaker 1>it all along that he's a dynamic player. I think

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<v Speaker 1>he's the best football player on the team. So obviously

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<v Speaker 1>that that's a good thing. But uh, you have to

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<v Speaker 1>wonder from the mental makeup of him, just like this

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<v Speaker 1>back and forth constant you know, tennis match that's been

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<v Speaker 1>going on with him. I mean, he's he playing, is

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<v Speaker 1>he not playing? And and and what is it like

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<v Speaker 1>for for the team. I know Garrett's gonna stand up

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<v Speaker 1>here and say, you know, we prepare the same, but

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<v Speaker 1>it's got to be weighing on them to just kind

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<v Speaker 1>of go back and forth like this. And this is

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<v Speaker 1>a little bit different too, Becau because you know, he

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<v Speaker 1>got that last injunction before the season even started, and

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<v Speaker 1>it's just kind of been open ended. And then like really,

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<v Speaker 1>you know, over these last two weeks, you know, you

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<v Speaker 1>have your hearing in the circuit court and then they

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<v Speaker 1>rule and he's taken off the roster on Thursday, and

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<v Speaker 1>he's put back on the roster yesterday. And you know,

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<v Speaker 1>it's a little bit different when it's like an open

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<v Speaker 1>ended deal. But now, yeah, tennis match is a good

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<v Speaker 1>way to describe it, where he's kind of ping pong

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<v Speaker 1>And I don't believe anybody that would tell me that,

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<v Speaker 1>you know, this last ten ten or so days hasn't

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<v Speaker 1>weighed on him or people on this team. Yeah, I

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<v Speaker 1>do wonder if it's weighing on people on the team

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<v Speaker 1>as much as weighing on him. I agree with you,

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<v Speaker 1>it's hard to imagine a world where it doesn't weigh

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<v Speaker 1>on him, just because anytime there's it's weighing on us.

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<v Speaker 1>We have I don't know about it, but yeah, we've

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<v Speaker 1>been waiting on it, responds and he goes back and forth.

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<v Speaker 1>There's not a resolution to this whole matter, and that's

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<v Speaker 1>just us like, and we're not even really involved in

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<v Speaker 1>any of that, just from the aside from the fact

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<v Speaker 1>of covering what's going on. I guess the difference is

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<v Speaker 1>when I when you use the word weighing on us,

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<v Speaker 1>I look at them more just kind of like this

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<v Speaker 1>is this big dark cloud. I don't think of it

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<v Speaker 1>like that. Now. Is it a distraction? Yeah? I think

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<v Speaker 1>it's probably a distraction because every few days you're hearing

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<v Speaker 1>something different that's like, oh so it changed again. Oh okay,

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<v Speaker 1>well it can't it change again now? Yeah, it can

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<v Speaker 1>change again tomorrow. Well okay, let's keep an eye on it.

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<v Speaker 1>And so it is a distraction. I don't think of

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<v Speaker 1>it as a weight, though. I think of it as

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<v Speaker 1>a huge weight in the most trivial way possible, because

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<v Speaker 1>you have to write it. I have to do everything.

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<v Speaker 1>I have to feel the texts from the guy I

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<v Speaker 1>haven't talked to since college about who he should pick up. Yes, Annasey,

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<v Speaker 1>But do you think on a Tuesday night to write

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<v Speaker 1>about it? But I care about is that weighing on

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<v Speaker 1>the players like that? If it's weighing on me and

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<v Speaker 1>I'm as tangentially related to it as I am, like,

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<v Speaker 1>it doesn't really affect me all that much. It's yes,

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<v Speaker 1>nobody affects. What I'm saying is the reason why it

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<v Speaker 1>weighs on you is because it affects your ability to

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<v Speaker 1>go to the fair last night. It affects your ability

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<v Speaker 1>to be able to have a quiet evening at home.

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<v Speaker 1>That's the difference. I don't know that this is affecting

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<v Speaker 1>the players being able to prepare for the game. I

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<v Speaker 1>don't know if this is affecting the players being able

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<v Speaker 1>to have whatever time they have a solace. I don't

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<v Speaker 1>think that affects the players the same way that it

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<v Speaker 1>affects Maybe not as much, but it has to affect

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<v Speaker 1>their game plan, like, Okay, what are we doing this week?

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<v Speaker 1>Like do we still have Zeek? Are we gonna still

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<v Speaker 1>have him on the field? Okay? Now are we prepared

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<v Speaker 1>to get Darren McFadden on here? Like how are we

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<v Speaker 1>gonna work on opening spats? But do the players get?

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<v Speaker 1>Is that a way on the coaches? Yes? Is that

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<v Speaker 1>a way on the players? I'm not a little bit.

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<v Speaker 1>I think the players kind of they're like, I gotta

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<v Speaker 1>block the same guy regardless of whether Zeke's running or

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<v Speaker 1>whether mc patten's running, and probably the same thing. I

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<v Speaker 1>see your point, Derek. It probably affects a couple of players,

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<v Speaker 1>I mean the bag. Yeah, not everyone, but it affects

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<v Speaker 1>different packages because I mean, I'm not gonna let the

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<v Speaker 1>Cowboys the coaches sit here and say that we prepare

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<v Speaker 1>exactly the same because in less and less Alfred Morris

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<v Speaker 1>gets of the carries and McFadden gets too. Then yeah,

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<v Speaker 1>I guess they are preparing the same. But if it's

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<v Speaker 1>more of a fifty fifty sixty forty split, then definitely

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<v Speaker 1>things are changing, which means the receiver tight ends packages

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<v Speaker 1>are changing a little bit. It changes a lot of

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<v Speaker 1>the offense when you have a dynamic back who's not there.

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<v Speaker 1>And I get your point, like football players are pretty

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<v Speaker 1>remarkable about only caring about the assignment directly in front

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<v Speaker 1>of them for a whole week. Yeah, but I mean,

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<v Speaker 1>you know, also this is their friend. I mean, you know,

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<v Speaker 1>places their friend and their teammate and a guy that

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<v Speaker 1>we spent a year crediting for being like a big

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<v Speaker 1>part of the you know, the chemistry in the locker

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<v Speaker 1>room and kind of the loose vibe and yeah, I

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<v Speaker 1>don't know, maybe you don't go home and worry about

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<v Speaker 1>it and refresh your Twitter feed the way I do,

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<v Speaker 1>because it's my job, But you know, they also he's

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<v Speaker 1>their friend and teammate and a great player, and not

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<v Speaker 1>knowing whether or not he's to be there, not knowing

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<v Speaker 1>you know, how does that affect our game planning, the

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<v Speaker 1>plays we can call, the plays we want to run. Yeah,

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<v Speaker 1>I mean, any like I said, I think they're not

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<v Speaker 1>telling the truth if it if it doesn't weighing on

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<v Speaker 1>him a little bit. Has Jason talked about this at all,

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<v Speaker 1>about how they'll attack this if if he's dere versus

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<v Speaker 1>not there, or how much they have to change things

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<v Speaker 1>if he's deare versus not there. I honestly, it feels

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<v Speaker 1>like it's been three weeks since we've talked to Jason Garrett.

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<v Speaker 1>But if we ask him that today, he'll probably just

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<v Speaker 1>tell us it doesn't matter. Just you know, parking lot

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<v Speaker 1>Moon try to have the best Wednesday possible with the

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<v Speaker 1>players that you know the players are here and work

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<v Speaker 1>with the guys to go Wednesday. Yeah, exactly. Not really

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<v Speaker 1>much you can do about it anyway. I mean, for

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<v Speaker 1>from their standpoint, they they have to sit back and

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<v Speaker 1>just wait for an answer. There's not really much they

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<v Speaker 1>can do about it. But it's okay. It's like Nick's

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<v Speaker 1>it's okay to tell the truth and be like, well,

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<v Speaker 1>you know, this will affect how we game plan, what

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<v Speaker 1>we want to do with our running backs this week.

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<v Speaker 1>Like that's okay, you can admit that without but he won't.

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<v Speaker 1>He will ever do that. It's not like there's six

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<v Speaker 1>coaches on the defensive side in San Francisco. They're like, ha,

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<v Speaker 1>we got it, now start go to work. Now, they're

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<v Speaker 1>gonna change it up. Because he said they're gonna change it,

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<v Speaker 1>Like yeah, how wow, Garrett admitted it. Garrett admitted that

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<v Speaker 1>it's different having Zeke in the game as opposed to

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<v Speaker 1>thought on Dallas Cowboys dot com. Go do something about it, right, Yeah,

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<v Speaker 1>all right, we're still waiting for Daniel Wallack. He's gonna

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<v Speaker 1>be joining us, joining us here momentarily. Um. In the meantime,

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<v Speaker 1>I wanted to go ahead and move on to talk

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<v Speaker 1>a little bit about San Francisco. Um, Cowboys will be

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<v Speaker 1>pacing facing the forty nine ers this Sunday. Um, it'll

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<v Speaker 1>be a three thirty kicks Central time. We'll be out

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<v Speaker 1>there obviously on the West coast, so it's actually three

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<v Speaker 1>three oh five, sorry three oh five kick um, And

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<v Speaker 1>so it'll be a time it's three thirty which way.

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<v Speaker 1>And I don't know, I mean, we didn't We're gett

0:10:49.080 --> 0:10:51.400
<v Speaker 1>into crazy predictions already. I mean we haven't even year

0:10:51.400 --> 0:10:53.280
<v Speaker 1>it was. We haven't even laid it all out for everybody.

0:10:53.320 --> 0:10:55.560
<v Speaker 1>We're already crazy prediction. But in fourteen nothing last now,

0:10:55.600 --> 0:10:58.000
<v Speaker 1>Boys did go down fourteen nothing very quickly last year.

0:10:58.000 --> 0:10:59.520
<v Speaker 1>And all right, I don't know what's going to happen

0:10:59.600 --> 0:11:01.920
<v Speaker 1>this time. Dave, give us a give us your scouting

0:11:01.920 --> 0:11:05.079
<v Speaker 1>report of this offense. Let's talk about the San Francisco offense.

0:11:05.120 --> 0:11:07.040
<v Speaker 1>Let's focus it on that today. Give us a scouting

0:11:07.080 --> 0:11:10.120
<v Speaker 1>report of the players and the specific things about this

0:11:10.160 --> 0:11:13.120
<v Speaker 1>team that should stand out for fans, good or bad. Well,

0:11:13.160 --> 0:11:17.120
<v Speaker 1>what's fun for the Cowboys is it's gonna look completely

0:11:17.160 --> 0:11:20.200
<v Speaker 1>different than you know. I always say I don't go back.

0:11:20.240 --> 0:11:22.560
<v Speaker 1>I'm not gonna watch all six games anyway, but I

0:11:22.559 --> 0:11:26.600
<v Speaker 1>don't need to because it's a completely different quarterback. CJ.

0:11:26.720 --> 0:11:28.840
<v Speaker 1>Bethard's going to be your starter going into this game

0:11:28.920 --> 0:11:34.800
<v Speaker 1>after replacing Brian Hoyer mid game against UM against Washington

0:11:34.880 --> 0:11:37.160
<v Speaker 1>last week. And I get it having watched that game,

0:11:37.200 --> 0:11:40.360
<v Speaker 1>because it was a punt fest with Brian Hoyer. I

0:11:40.360 --> 0:11:43.120
<v Speaker 1>think he went four of eleven. They put in CJ. Bethard,

0:11:44.160 --> 0:11:47.000
<v Speaker 1>they punt on their first possession, then they go touchdown

0:11:47.040 --> 0:11:51.120
<v Speaker 1>field goal, missfield goal, touchdown, punt touchdown, and they were

0:11:51.280 --> 0:11:53.319
<v Speaker 1>within two points with a chance to try to win

0:11:53.360 --> 0:11:56.839
<v Speaker 1>the game, and he eventually threw the clinching interception because

0:11:56.840 --> 0:12:01.760
<v Speaker 1>he is a rookie draft pick. Huge, huge penalty that

0:12:01.880 --> 0:12:04.240
<v Speaker 1>changed that whole game. I don't know if you watch that.

0:12:04.480 --> 0:12:06.400
<v Speaker 1>I was watching a little bit. It was earlier in

0:12:06.440 --> 0:12:08.040
<v Speaker 1>the game. No no, no, no no, at the very

0:12:08.160 --> 0:12:11.000
<v Speaker 1>end of the game. Uh sorry, but Garson with an

0:12:11.000 --> 0:12:15.280
<v Speaker 1>offensive past interference that was kind of a pick type play,

0:12:15.080 --> 0:12:16.880
<v Speaker 1>and they're like on the forty yard line, they need

0:12:16.880 --> 0:12:18.680
<v Speaker 1>about five more yards to attempt to field goal to

0:12:18.679 --> 0:12:21.800
<v Speaker 1>win the game, maybe ten, and they get fifteen yards back.

0:12:21.880 --> 0:12:24.520
<v Speaker 1>They don't ever recover from that. It was that that

0:12:24.600 --> 0:12:28.240
<v Speaker 1>changed everything. I mean, an offensive past interference is a

0:12:28.320 --> 0:12:31.760
<v Speaker 1>huge penalty when it's accepted, and that one that changed

0:12:31.760 --> 0:12:34.880
<v Speaker 1>the whole game for them. Sorry, no, you're fine, people, Which,

0:12:34.880 --> 0:12:37.200
<v Speaker 1>well that's a that's kind of a theme. And I know,

0:12:37.320 --> 0:12:39.080
<v Speaker 1>like I just said, the offense is different because they

0:12:39.160 --> 0:12:42.440
<v Speaker 1>changed quarterbacks, but forty nine ers have had their hearts

0:12:42.520 --> 0:12:45.720
<v Speaker 1>ripped out, like five weeks in a row. They lost

0:12:45.760 --> 0:12:48.760
<v Speaker 1>pretty handily to Carolina to start the season. Then they

0:12:48.760 --> 0:12:51.240
<v Speaker 1>lose by three to Seattle. They lose by two to

0:12:51.280 --> 0:12:55.560
<v Speaker 1>the Rams, and they lost an overtime on a field

0:12:55.559 --> 0:12:58.080
<v Speaker 1>goal of the Colts. They lose to the red Skins

0:12:58.160 --> 0:12:59.840
<v Speaker 1>last week with a chance to win in the final

0:13:00.040 --> 0:13:02.200
<v Speaker 1>in it. I mean, I think they've lost five of

0:13:02.200 --> 0:13:05.720
<v Speaker 1>their six games by thirteen combined points. So they're in

0:13:05.760 --> 0:13:08.360
<v Speaker 1>the running for the first overall pick. But it's not

0:13:08.440 --> 0:13:11.080
<v Speaker 1>for lack of trying. They think about this when you

0:13:11.120 --> 0:13:13.720
<v Speaker 1>see the schedule and you see three road games in

0:13:13.760 --> 0:13:17.000
<v Speaker 1>a row, I mean three, That hardly ever happens when

0:13:17.040 --> 0:13:19.040
<v Speaker 1>you do three road games in a row. And what

0:13:19.080 --> 0:13:21.240
<v Speaker 1>have they done. They've gone to overtime twice and lost

0:13:21.240 --> 0:13:23.960
<v Speaker 1>by field goal, and then they also lost this last

0:13:23.960 --> 0:13:27.360
<v Speaker 1>game by two. I mean, I feel I feel bad

0:13:27.400 --> 0:13:29.640
<v Speaker 1>for him, like they should. They deserve a win. Only

0:13:29.679 --> 0:13:31.400
<v Speaker 1>team in the history of the NFL to lose five

0:13:31.400 --> 0:13:35.000
<v Speaker 1>straight games by three points, that's unbelievable. But offensively, it

0:13:35.040 --> 0:13:38.240
<v Speaker 1>doesn't seem like they're doing anything that's particularly good, Like

0:13:38.280 --> 0:13:40.560
<v Speaker 1>they're length ranked down at the bottom half of the

0:13:40.600 --> 0:13:44.320
<v Speaker 1>league in almost every category statistically, and well, between that

0:13:44.440 --> 0:13:46.319
<v Speaker 1>and the fact, I mean you're O and six, you

0:13:46.480 --> 0:13:48.880
<v Speaker 1>pretty much you're out of it, and between that and

0:13:48.960 --> 0:13:50.520
<v Speaker 1>the fact that the offense hasn't been great, I think

0:13:50.559 --> 0:13:54.640
<v Speaker 1>that's why you saw a quarterback change this. You know,

0:13:55.280 --> 0:13:58.800
<v Speaker 1>you know Kyle Shanahan gets he's like this. First of all,

0:13:58.840 --> 0:14:01.320
<v Speaker 1>he's the quarterback whisper, That's what everybody says about him.

0:14:01.360 --> 0:14:03.680
<v Speaker 1>And he's like kind of an old school West Coast guy.

0:14:03.760 --> 0:14:07.040
<v Speaker 1>They gave a fullback like crazy money and free agency

0:14:07.120 --> 0:14:11.040
<v Speaker 1>Kyle juice check and you see that when you watch them,

0:14:11.080 --> 0:14:13.520
<v Speaker 1>and I you know, I think you're probably in a

0:14:13.520 --> 0:14:15.600
<v Speaker 1>little bit working with what you have because there's not

0:14:15.679 --> 0:14:18.319
<v Speaker 1>a lot of guys that really wow you in this

0:14:18.480 --> 0:14:21.480
<v Speaker 1>skill player department. You have Carlos Hide, you have Pierre

0:14:21.480 --> 0:14:24.080
<v Speaker 1>Garson who they signed in free agency, but other than that,

0:14:24.160 --> 0:14:25.920
<v Speaker 1>there's not a ton of it. And so when you

0:14:25.960 --> 0:14:30.400
<v Speaker 1>watch these guys, it's like tight ends everywhere. Fullback on

0:14:30.440 --> 0:14:32.560
<v Speaker 1>the field a lot of times like twelve personnel out

0:14:32.560 --> 0:14:35.880
<v Speaker 1>the wazoo. I think, you know, in watching in watching

0:14:35.920 --> 0:14:40.960
<v Speaker 1>this game against Washington, I think I saw maybe I

0:14:41.000 --> 0:14:43.320
<v Speaker 1>would I would venture a guest at like five snaps

0:14:43.320 --> 0:14:46.080
<v Speaker 1>where it was just the offensive line upfront, like just

0:14:46.200 --> 0:14:48.320
<v Speaker 1>the five guys, you know, like it's usually like seven,

0:14:48.400 --> 0:14:51.080
<v Speaker 1>maybe sometimes even eight if they want to do, you know,

0:14:51.160 --> 0:14:55.000
<v Speaker 1>power running plays. And I think first of all, you

0:14:55.040 --> 0:14:57.960
<v Speaker 1>don't trust your quarterback play, whether because it's bettered because

0:14:57.960 --> 0:15:00.640
<v Speaker 1>he's a rookie or Brian Hoyer because he's bad. Uh

0:15:00.960 --> 0:15:04.560
<v Speaker 1>I mean sorry, Um, so you're trying to give him

0:15:04.600 --> 0:15:08.360
<v Speaker 1>easy throws, protection, keep guys close to the line of scrimmage.

0:15:08.360 --> 0:15:09.880
<v Speaker 1>And that's a lot of what this looks like once

0:15:09.960 --> 0:15:13.400
<v Speaker 1>Bethard went in there. Carlos Hyde has twenty three receptions

0:15:13.400 --> 0:15:16.000
<v Speaker 1>on the year. He got five of them in this game. Um.

0:15:17.000 --> 0:15:20.720
<v Speaker 1>George Kittle is another name. I think you really gettle Kittle. Oh,

0:15:21.520 --> 0:15:23.240
<v Speaker 1>he's another name you really need to know. He's a

0:15:23.320 --> 0:15:26.160
<v Speaker 1>rookie tight end that they drafted in the fifth round

0:15:26.800 --> 0:15:29.040
<v Speaker 1>and they already trust him to do everything. I mean

0:15:29.280 --> 0:15:32.120
<v Speaker 1>he's out there, he's blocking, he's going downfield. I think

0:15:32.200 --> 0:15:35.560
<v Speaker 1>he had four catches for fifty yards in this game. Um.

0:15:36.160 --> 0:15:37.920
<v Speaker 1>Like I said, a lot of a lot of dump

0:15:37.960 --> 0:15:39.640
<v Speaker 1>offs to running backs, a lot of out routes to

0:15:39.720 --> 0:15:43.600
<v Speaker 1>tight ends. But Bethard is not afraid to go downfield either.

0:15:43.640 --> 0:15:45.720
<v Speaker 1>Like he hit some nice balls down the seam and

0:15:46.080 --> 0:15:48.880
<v Speaker 1>found Garson for decent games A couple of times, but

0:15:49.680 --> 0:15:53.320
<v Speaker 1>this is a I would call this offense really cautious. Okay,

0:15:54.000 --> 0:15:57.640
<v Speaker 1>it's just it's you know, dancing dunks. Like everything that

0:15:57.640 --> 0:15:59.960
<v Speaker 1>that people said about Dak and the Cowboys last year,

0:16:00.160 --> 0:16:02.120
<v Speaker 1>That's what this reminded me of. All Right, we're gonna

0:16:02.160 --> 0:16:03.880
<v Speaker 1>take a really quick break. When we come back from

0:16:03.880 --> 0:16:06.760
<v Speaker 1>our break, we actually have mister Daniel Wallack on the line.

0:16:06.800 --> 0:16:08.160
<v Speaker 1>We're going to talk to him a little bit about

0:16:08.440 --> 0:16:10.640
<v Speaker 1>the legal matters with regard to Zekiel Elliott. We'll do

0:16:10.680 --> 0:16:12.360
<v Speaker 1>that when we come right back. This is Dallas Cowboys

0:16:12.400 --> 0:16:15.440
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0:17:56.200 --> 0:17:58.760
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0:18:01.520 --> 0:18:04.280
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0:18:06.920 --> 0:18:09.320
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0:18:09.359 --> 0:18:12.520
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0:18:13.760 --> 0:18:16.400
<v Speaker 1>Back to the break Welcome back. We're in the second

0:18:16.440 --> 0:18:19.560
<v Speaker 1>segment of the breaklock from the SWBC Mortgid Studios, and

0:18:19.640 --> 0:18:22.680
<v Speaker 1>we're gonna take a little time to get ourselves a

0:18:22.680 --> 0:18:25.119
<v Speaker 1>little more acquainted with the legal aspects of what's happening

0:18:25.160 --> 0:18:28.960
<v Speaker 1>with Ezekiel Elliott. We have joining us now Daniel Wallack,

0:18:29.000 --> 0:18:32.600
<v Speaker 1>who is a sports and gaming attorney for Becker and Poliakoff,

0:18:33.200 --> 0:18:36.520
<v Speaker 1>and he's also the Coast of Conduct Detrimental. It's a podcast.

0:18:36.920 --> 0:18:39.040
<v Speaker 1>Check it out if you get a chance. Welcome to

0:18:39.040 --> 0:18:42.440
<v Speaker 1>the show, Daniel. Thanks for having me on my debut

0:18:43.200 --> 0:18:46.440
<v Speaker 1>on the podcast. Yeah, we're very excited. We really appreciate

0:18:46.440 --> 0:18:48.800
<v Speaker 1>you taking some time with us. I'll just say real quick,

0:18:49.359 --> 0:18:52.200
<v Speaker 1>the work you've been doing on Twitter has been phenomenal.

0:18:52.240 --> 0:18:55.280
<v Speaker 1>I know I'm following, and the stuff that you put

0:18:55.280 --> 0:18:58.200
<v Speaker 1>out there recording regarding this case has been really interesting

0:18:58.680 --> 0:19:01.840
<v Speaker 1>and for people like us that aren't that aren't legal experts,

0:19:01.840 --> 0:19:03.399
<v Speaker 1>it helps kind of break it down. So thanks a

0:19:03.400 --> 0:19:05.520
<v Speaker 1>lot for what you've been doing there. Yeah, it's my

0:19:05.520 --> 0:19:07.399
<v Speaker 1>place where all those years of going to law school

0:19:07.400 --> 0:19:10.240
<v Speaker 1>and practicing law. I guess have you trained me eventually

0:19:10.280 --> 0:19:12.040
<v Speaker 1>to weigh in on this. And I didn't realize it

0:19:12.080 --> 0:19:15.600
<v Speaker 1>at the time, but now I just feel every situation

0:19:15.640 --> 0:19:18.320
<v Speaker 1>that comes up in a federal case involving, you know,

0:19:18.359 --> 0:19:22.000
<v Speaker 1>an NFL discipline matter I've experienced personally in one form

0:19:22.080 --> 0:19:24.640
<v Speaker 1>or another throughout my career. So I think I can

0:19:24.720 --> 0:19:27.520
<v Speaker 1>lend a unique, uh you know, insights to what I

0:19:27.560 --> 0:19:30.639
<v Speaker 1>project will likely occur awesome, So give us, give us

0:19:30.640 --> 0:19:33.520
<v Speaker 1>just a big I'm sorry, Daniel. So you've experienced something

0:19:33.560 --> 0:19:39.320
<v Speaker 1>like this before, not quite like this, but offense. I've

0:19:39.320 --> 0:19:45.159
<v Speaker 1>played offense and defense in temporary restraining order practice, preliminary injunctions, appeals,

0:19:45.440 --> 0:19:51.680
<v Speaker 1>petitions for rehearing on bonk, arbitration vacators, arbitration confirmations. Everything

0:19:51.720 --> 0:19:53.520
<v Speaker 1>has just come up. You know. The thing about the

0:19:53.640 --> 0:19:57.040
<v Speaker 1>legal practice is, while you know, there are no new

0:19:57.080 --> 0:19:59.520
<v Speaker 1>there are no new cases, just new faces and on

0:19:59.600 --> 0:20:02.000
<v Speaker 1>this one, and there's probably a few more zeros involved

0:20:02.040 --> 0:20:05.280
<v Speaker 1>in a few more high profile individuals. But this is basic,

0:20:05.720 --> 0:20:08.200
<v Speaker 1>you know, sort of federal court practice, but it's elevated

0:20:08.240 --> 0:20:12.399
<v Speaker 1>because of how hotly contested and the hatred between the

0:20:12.520 --> 0:20:15.119
<v Speaker 1>union and management. So they take it to the nth

0:20:15.280 --> 0:20:19.439
<v Speaker 1>degree and try every loophole, every available legal avenue. And

0:20:19.480 --> 0:20:22.359
<v Speaker 1>sometimes in real life litigation, the clients aren't going to

0:20:22.400 --> 0:20:25.199
<v Speaker 1>spend that kind of money. But with the NFL and

0:20:25.200 --> 0:20:27.960
<v Speaker 1>the players Association, we're talking about not just a principle,

0:20:28.560 --> 0:20:32.080
<v Speaker 1>but millions of dollars of potential loss salary. So it's

0:20:32.119 --> 0:20:34.639
<v Speaker 1>more than just a principle here, So give us an idea.

0:20:34.760 --> 0:20:37.239
<v Speaker 1>At this point, kind of where we are and how

0:20:37.240 --> 0:20:38.919
<v Speaker 1>we've gotten here. I know that it started with the

0:20:38.960 --> 0:20:42.040
<v Speaker 1>case back here in Dallas and kind of got then

0:20:42.119 --> 0:20:43.720
<v Speaker 1>pushed to New York to kind of give us a

0:20:44.240 --> 0:20:46.679
<v Speaker 1>big overview in layman's terms of kind of how we

0:20:46.760 --> 0:20:48.959
<v Speaker 1>got to where we are right now. Well, I mean,

0:20:49.160 --> 0:20:51.600
<v Speaker 1>we're gonna need two hours if we're going to cover

0:20:51.640 --> 0:20:58.160
<v Speaker 1>all background. But essentially shortly after Elliott had his six

0:20:58.200 --> 0:21:02.680
<v Speaker 1>game suspension imposed by committe Goodell, the Players Association had

0:21:02.920 --> 0:21:08.520
<v Speaker 1>had a choice to make. Actually before Harold Henderson upheld

0:21:08.800 --> 0:21:12.440
<v Speaker 1>the discipline the NFL, the Players Association remembered the lessons

0:21:12.440 --> 0:21:14.720
<v Speaker 1>from the Flate Gate if you remember two years ago,

0:21:15.560 --> 0:21:19.560
<v Speaker 1>the union was caught flat footed when, while waiting for

0:21:19.600 --> 0:21:24.280
<v Speaker 1>the decision from Goodell, they had The Union had expected

0:21:24.280 --> 0:21:26.280
<v Speaker 1>to be able to file a lawsuit in the District

0:21:26.320 --> 0:21:30.080
<v Speaker 1>of Minnesota, where they have constantly brought these discipline cases

0:21:30.080 --> 0:21:33.280
<v Speaker 1>over the years, but the NFL controlled the timing of

0:21:33.320 --> 0:21:36.200
<v Speaker 1>the decision and whey and was able to quickly file

0:21:36.320 --> 0:21:38.760
<v Speaker 1>suit in the Southern District of New York, in its

0:21:38.359 --> 0:21:41.720
<v Speaker 1>home forum. So the Union tried a different tack this

0:21:41.920 --> 0:21:45.800
<v Speaker 1>time and tried to beat the NFL to the Courthouse

0:21:46.240 --> 0:21:49.760
<v Speaker 1>by winning the race before the race even started, and

0:21:50.040 --> 0:21:52.959
<v Speaker 1>that set into motion a whole series of events that

0:21:53.040 --> 0:21:56.000
<v Speaker 1>led us to New York. And while ultimately the NFL

0:21:56.119 --> 0:22:00.000
<v Speaker 1>was vindicated on the jurisdictional battle, Elliott and the Players

0:22:00.119 --> 0:22:04.560
<v Speaker 1>Association gained two very significant benefits from going to Texas.

0:22:04.960 --> 0:22:09.040
<v Speaker 1>One was just a mere delay of being able to

0:22:09.040 --> 0:22:11.159
<v Speaker 1>get an injunction early on at the beginning of the

0:22:11.200 --> 0:22:13.560
<v Speaker 1>season and have that stretch out into week six. But

0:22:13.640 --> 0:22:18.199
<v Speaker 1>more importantly, Elliott and the Union now traveled to New

0:22:18.240 --> 0:22:22.880
<v Speaker 1>York bolstered by two very significant federal court opinions, one

0:22:22.920 --> 0:22:26.040
<v Speaker 1>from Judge Mazant and one from Fifth Circuit Judge James

0:22:26.080 --> 0:22:30.440
<v Speaker 1>Graves in the Descent, which give credence to the union's

0:22:30.520 --> 0:22:33.879
<v Speaker 1>argument that Elliott was deprived of fundamental fairness. So it

0:22:34.080 --> 0:22:37.760
<v Speaker 1>essentially lowered the bar for Elliott and the Players Association

0:22:37.880 --> 0:22:40.679
<v Speaker 1>in New York. And I think it took what was

0:22:40.720 --> 0:22:43.920
<v Speaker 1>like a thirty or forty percent likelihood of success and

0:22:44.080 --> 0:22:46.880
<v Speaker 1>put it into the seventy five percent range. And now

0:22:46.920 --> 0:22:50.520
<v Speaker 1>we're basically going through a replay of the Texas action

0:22:50.640 --> 0:22:53.199
<v Speaker 1>in that we're going through a temporary restraining order in

0:22:53.240 --> 0:22:56.399
<v Speaker 1>two weeks the federal court judge that comes back from

0:22:56.480 --> 0:23:00.840
<v Speaker 1>vacation will likely schedule a more full blown motion for

0:23:00.880 --> 0:23:03.159
<v Speaker 1>preliminary injunction. There will be a hearing, there'll be some

0:23:03.200 --> 0:23:07.119
<v Speaker 1>additional briefing, and in two weeks we'll likely learn the

0:23:07.200 --> 0:23:10.199
<v Speaker 1>status of Eliot's I guess eligibility for the rest of

0:23:10.240 --> 0:23:13.520
<v Speaker 1>the season, because this tro is a temporary victory, but

0:23:13.600 --> 0:23:17.200
<v Speaker 1>I think it bolsters his chances of success before Judge

0:23:17.200 --> 0:23:19.600
<v Speaker 1>Faila in about two weeks, and if he can get

0:23:19.600 --> 0:23:22.359
<v Speaker 1>a preliminary injunction, he's probably going to be safe for

0:23:22.400 --> 0:23:24.720
<v Speaker 1>the rest of the season, and then the fight will

0:23:24.760 --> 0:23:27.280
<v Speaker 1>be over the appeal in the offseason. We're joined right

0:23:27.280 --> 0:23:29.920
<v Speaker 1>now about Daniel Wallack, who's a sports and gaming attorney.

0:23:30.560 --> 0:23:33.360
<v Speaker 1>He's talking to us about the Execuel Elliott legal issues.

0:23:33.840 --> 0:23:36.720
<v Speaker 1>To this point, it seems like most of the rulings

0:23:36.720 --> 0:23:39.200
<v Speaker 1>have had to do with things that were more procedural,

0:23:39.280 --> 0:23:43.000
<v Speaker 1>stuff like right venue or timing and stuff like that.

0:23:43.280 --> 0:23:45.680
<v Speaker 1>At what point or is it ever going to get

0:23:45.680 --> 0:23:48.439
<v Speaker 1>to a point where the question at hand is the

0:23:48.480 --> 0:23:50.520
<v Speaker 1>fairness of the process, because we keep hearing that from

0:23:50.520 --> 0:23:54.879
<v Speaker 1>the NFLPA. As you said, there are two judges that

0:23:54.920 --> 0:23:59.080
<v Speaker 1>have now had opinions that point to some unfairness that

0:23:59.440 --> 0:24:02.119
<v Speaker 1>may have occurred. At what point does that become the

0:24:02.160 --> 0:24:04.359
<v Speaker 1>main issue and they will be ruling on the fairness

0:24:04.400 --> 0:24:08.159
<v Speaker 1>of the process to hopefully for the Cowboys get Zekiel

0:24:08.240 --> 0:24:10.720
<v Speaker 1>It back on the field. Well, that began yesterday. The

0:24:10.800 --> 0:24:14.000
<v Speaker 1>jurisdictional and venue battle is essentially over. I mean, the

0:24:14.119 --> 0:24:18.320
<v Speaker 1>NFL Players Association could still attempt to hail Mary to

0:24:18.320 --> 0:24:21.240
<v Speaker 1>bring this case back to the Eastern District of Texas

0:24:21.280 --> 0:24:25.240
<v Speaker 1>where they have a guaranteed victory before Judge Amos Mazant.

0:24:26.160 --> 0:24:28.840
<v Speaker 1>They have a high likelihood of victory at least on

0:24:28.880 --> 0:24:32.120
<v Speaker 1>a preliminary injunction before Judge Faila, but there's no guarantee

0:24:32.200 --> 0:24:36.920
<v Speaker 1>that she will abide by Judge Crowdy's ruling yesterday. I mean,

0:24:36.960 --> 0:24:40.080
<v Speaker 1>but it's it's highly likely in that we've had three

0:24:40.240 --> 0:24:43.639
<v Speaker 1>four Federal court opinions. We've had two from Judge Mazant,

0:24:43.720 --> 0:24:46.280
<v Speaker 1>one on the preliminary injunction and one on the denial

0:24:46.320 --> 0:24:50.159
<v Speaker 1>of the stay, and an opinion from James from James

0:24:50.160 --> 0:24:53.320
<v Speaker 1>Graves and the Descent, and also from Judge Karty yesterday.

0:24:53.400 --> 0:24:58.560
<v Speaker 1>All four judges weighed in at various levels on the

0:24:58.600 --> 0:25:03.840
<v Speaker 1>principle of fundamental airness and either forcefully ruled or hinted

0:25:03.960 --> 0:25:07.760
<v Speaker 1>at the likelihood that Elliott was deprived of fundamental fairness

0:25:07.800 --> 0:25:11.880
<v Speaker 1>by being deprived and not having the opportunity to confront

0:25:11.920 --> 0:25:16.240
<v Speaker 1>and cross examine the accuser of the domestic violence allegations,

0:25:16.320 --> 0:25:19.359
<v Speaker 1>whose credibility is directly at issue in the threshold that

0:25:19.359 --> 0:25:21.760
<v Speaker 1>the NFL has to prove under its own personal conduct

0:25:21.840 --> 0:25:25.920
<v Speaker 1>policy that there is credible evidence to support the allegations.

0:25:26.200 --> 0:25:28.920
<v Speaker 1>And if Elliott does not have the opportunity to test

0:25:28.960 --> 0:25:33.000
<v Speaker 1>the credibility of his accuser, either through direct cross examination

0:25:33.440 --> 0:25:36.720
<v Speaker 1>or by having all of the investigator's notes, he's being

0:25:36.720 --> 0:25:41.119
<v Speaker 1>deprived of a very essential thing that's necessary, relevant, and

0:25:41.320 --> 0:25:46.280
<v Speaker 1>material to his defense and the arbitration. Daniel David Helman here,

0:25:46.320 --> 0:25:49.399
<v Speaker 1>Thanks for coming on with us my pleasure. I can

0:25:49.440 --> 0:25:53.600
<v Speaker 1>appreciate that you're probably not privy to Judge Fayla's vacation plans,

0:25:54.440 --> 0:25:55.760
<v Speaker 1>so I'm sorry if I'm putting you on the spot,

0:25:55.800 --> 0:25:57.640
<v Speaker 1>but I'm just that's the one thing that I'm really

0:25:57.720 --> 0:26:00.520
<v Speaker 1>kind of wrestling with right now is so we know

0:26:00.640 --> 0:26:04.920
<v Speaker 1>that the hearing has to happen by October thirtieth, but no, No,

0:26:04.960 --> 0:26:10.760
<v Speaker 1>the tro expires on exactly as a practical matter, Judge

0:26:10.760 --> 0:26:14.520
<v Speaker 1>Failo will have to schedule something pretty quickly or Elliott

0:26:14.560 --> 0:26:16.919
<v Speaker 1>will be in a position where the TRO is expired

0:26:17.320 --> 0:26:20.800
<v Speaker 1>and then he faces a possible suspension. But here's the reality.

0:26:20.800 --> 0:26:22.960
<v Speaker 1>If Judge fail is on vacation for two more weeks

0:26:22.960 --> 0:26:25.879
<v Speaker 1>in October thirtieth comes and goes, you'll see the Players

0:26:25.960 --> 0:26:29.679
<v Speaker 1>Association file an application with Judge Crowdy to extend the

0:26:29.680 --> 0:26:31.920
<v Speaker 1>TRO by you know, by a week or more. I've

0:26:31.920 --> 0:26:35.480
<v Speaker 1>seen that happen in many federal cases. Fourteen days is

0:26:35.520 --> 0:26:38.080
<v Speaker 1>not the absolute end of the road. It's the initial

0:26:38.119 --> 0:26:40.879
<v Speaker 1>period of the TRO. So if there's this gap that

0:26:41.000 --> 0:26:44.040
<v Speaker 1>needs to be filled, Judge Crowdy will fill it. And

0:26:45.040 --> 0:26:48.920
<v Speaker 1>that's exactly what I was looking for, I guess. So really, overall,

0:26:49.000 --> 0:26:53.080
<v Speaker 1>I'm I'm wondering for an idea or a resolution of

0:26:53.640 --> 0:26:57.600
<v Speaker 1>when we might expect to finally have this settled by

0:26:57.680 --> 0:27:00.399
<v Speaker 1>Judge fail I guess. But I guess you're saying it's

0:27:00.480 --> 0:27:02.760
<v Speaker 1>not necessarily a guarantee that it even has to happen

0:27:02.760 --> 0:27:06.520
<v Speaker 1>by October thirtieth. No. No, again, the big scoop in

0:27:06.600 --> 0:27:09.280
<v Speaker 1>the world of the NFL is what our Judge fail

0:27:09.359 --> 0:27:12.240
<v Speaker 1>As vacation plans that is now on par with like

0:27:12.280 --> 0:27:15.639
<v Speaker 1>the biggest stories in the National Football League. And someone

0:27:15.720 --> 0:27:17.960
<v Speaker 1>suggested that she's on vacation for two weeks, but I

0:27:18.280 --> 0:27:20.960
<v Speaker 1>don't know whether those two weeks are measured from yesterday

0:27:21.359 --> 0:27:24.080
<v Speaker 1>or from the beginning of the week. If she's going

0:27:24.119 --> 0:27:26.760
<v Speaker 1>to be back before October thirtieth, I believe her clerks

0:27:26.800 --> 0:27:28.440
<v Speaker 1>are going to be in a position, her office is,

0:27:28.560 --> 0:27:31.080
<v Speaker 1>her chambers are definitely going to be operational while she's

0:27:31.119 --> 0:27:34.200
<v Speaker 1>on vacation, and she could communicate with her staff by phone,

0:27:34.240 --> 0:27:36.679
<v Speaker 1>and she's well aware of what's going on, I would imagine,

0:27:36.880 --> 0:27:40.480
<v Speaker 1>and sometime soon you will see a briefing notice or

0:27:40.520 --> 0:27:43.359
<v Speaker 1>some kind of order coming from Judge fail As Chambers

0:27:43.400 --> 0:27:46.720
<v Speaker 1>setting this down for briefing in an oral argument sometime

0:27:46.760 --> 0:27:50.000
<v Speaker 1>before October thirtieth, And if she's away and can't handle

0:27:50.080 --> 0:27:53.120
<v Speaker 1>that hearing, then Judge Crotty will extend the tro by

0:27:53.240 --> 0:27:55.600
<v Speaker 1>whatever period of time is necessary. I mean, there's an

0:27:55.600 --> 0:27:57.800
<v Speaker 1>outer or limit how far he can extend it. But

0:27:57.840 --> 0:28:00.200
<v Speaker 1>I believe you know one week would be permissible under

0:28:00.240 --> 0:28:02.960
<v Speaker 1>the federal rules of civil procedure. So what we basically

0:28:03.000 --> 0:28:05.360
<v Speaker 1>know is that she's not having much of a relaxing vacation.

0:28:06.240 --> 0:28:09.080
<v Speaker 1>Oh no, no, no, she is, she is. It's summertime.

0:28:09.320 --> 0:28:12.760
<v Speaker 1>She has hundreds of cases, and I believe she's probably

0:28:13.200 --> 0:28:16.200
<v Speaker 1>on a beach somewhere and not even thinking about this case.

0:28:16.640 --> 0:28:19.720
<v Speaker 1>It's her law clerks that are scrambling to kind of

0:28:19.720 --> 0:28:22.159
<v Speaker 1>figure out how to how to put this matter on

0:28:22.200 --> 0:28:25.240
<v Speaker 1>the docket while she has hundreds of other cases, including

0:28:25.280 --> 0:28:28.399
<v Speaker 1>federal criminal trials, which have to take priority. I mean,

0:28:28.440 --> 0:28:32.800
<v Speaker 1>there's a Speedy Trial Act in under federal law, and

0:28:32.920 --> 0:28:36.680
<v Speaker 1>her docket is mainly dominated by trials throughout the week.

0:28:36.760 --> 0:28:40.200
<v Speaker 1>So for for a preliminary injunction hearing, she'll have to

0:28:40.200 --> 0:28:42.920
<v Speaker 1>find an hour or two hours, or even a half

0:28:42.920 --> 0:28:45.320
<v Speaker 1>hour somewhere. But I think that the hearing on the

0:28:45.560 --> 0:28:48.360
<v Speaker 1>on the PI is likely going to be much longer

0:28:48.400 --> 0:28:51.440
<v Speaker 1>in duration than the forty five minutes or so that

0:28:51.480 --> 0:28:54.040
<v Speaker 1>we're allotted to the tro If she has to find

0:28:54.080 --> 0:28:56.640
<v Speaker 1>two hours in the evening or after her criminal trial

0:28:56.720 --> 0:28:59.320
<v Speaker 1>concludes for a day, that's when it will take place.

0:28:59.360 --> 0:29:02.880
<v Speaker 1>But this will be this will no doubt be scheduled

0:29:02.920 --> 0:29:06.120
<v Speaker 1>at some point on or about October thirtieth, we're talking

0:29:06.120 --> 0:29:08.560
<v Speaker 1>to Daniel Wallack, who is a sports and gaming attorney

0:29:08.600 --> 0:29:12.400
<v Speaker 1>for Beckert and Poliakoff. He's talking us about the Ezechuel

0:29:12.440 --> 0:29:15.680
<v Speaker 1>Elliott legal battles. One question I have for you was

0:29:15.800 --> 0:29:20.720
<v Speaker 1>with regards to the Tom Brady case, the deflate gate case.

0:29:20.880 --> 0:29:23.760
<v Speaker 1>And We've heard a lot from from different people. I've

0:29:23.800 --> 0:29:26.600
<v Speaker 1>heard a lot from different people that you look at

0:29:26.640 --> 0:29:29.400
<v Speaker 1>that case and although Brady was able to play that

0:29:29.440 --> 0:29:31.479
<v Speaker 1>full season while things were kind of in the courts,

0:29:31.880 --> 0:29:35.200
<v Speaker 1>there still was this overlying thing that it's hard to

0:29:35.480 --> 0:29:38.440
<v Speaker 1>It's hard for judges, as as played out in that

0:29:38.560 --> 0:29:41.320
<v Speaker 1>case just case, it's hard for them to go against

0:29:41.760 --> 0:29:44.760
<v Speaker 1>basically what the players have agreed to, which is that

0:29:44.800 --> 0:29:47.600
<v Speaker 1>the commissioner of the NFL is the arbiter in these

0:29:47.640 --> 0:29:51.640
<v Speaker 1>cases and he has the ability to be able to say, definitively,

0:29:51.920 --> 0:29:54.120
<v Speaker 1>this player is gonna miss x amount of time because

0:29:54.160 --> 0:29:56.680
<v Speaker 1>of this penalty for whatever it was that they felt

0:29:56.680 --> 0:29:59.600
<v Speaker 1>like they did wrong. Is that the same thing in

0:29:59.640 --> 0:30:03.800
<v Speaker 1>this or do the issues of fundamental fairness now change that?

0:30:03.920 --> 0:30:07.600
<v Speaker 1>And cain of court provide remedy for players in these

0:30:07.680 --> 0:30:10.479
<v Speaker 1>kind of situations because it's not so much about the

0:30:10.560 --> 0:30:12.840
<v Speaker 1>right of the commissioner to be the arbiter. As much

0:30:12.840 --> 0:30:16.080
<v Speaker 1>as it is, the commissioner still has to be fair

0:30:16.120 --> 0:30:20.800
<v Speaker 1>in how they adjudicate these these particular issues. Yeah, I mean, Dave,

0:30:20.840 --> 0:30:23.560
<v Speaker 1>you nailed it right on the head. And the Tom

0:30:23.600 --> 0:30:27.320
<v Speaker 1>Brady deflate Gate case, the NFL Players Association raised the

0:30:27.400 --> 0:30:32.560
<v Speaker 1>issue of evident partiality and advanced the argument that um um,

0:30:32.880 --> 0:30:36.880
<v Speaker 1>Roger Goodell was was biased and uh you know, and

0:30:36.920 --> 0:30:41.120
<v Speaker 1>the union sought his removal in the Elliot case. Uh

0:30:41.360 --> 0:30:45.640
<v Speaker 1>you know, the union has recognized that their acquiescence to

0:30:45.680 --> 0:30:48.520
<v Speaker 1>a to a league appointed arbitrator is enshrined in the

0:30:48.560 --> 0:30:51.479
<v Speaker 1>collective bargaining agreement, so that that's almost a non starter,

0:30:51.840 --> 0:30:54.520
<v Speaker 1>and that wasn't raised by the union in their petition.

0:30:55.280 --> 0:30:58.520
<v Speaker 1>What they're arguing, however, is that, um, you know, the

0:30:58.560 --> 0:31:01.840
<v Speaker 1>fact that the NFL can pick and choose its arbitrator

0:31:02.160 --> 0:31:06.560
<v Speaker 1>doesn't mean that the union acquiesces to a fundamentally unfair

0:31:06.680 --> 0:31:10.800
<v Speaker 1>arbitration that will always be recognized in the Federal Arbitration

0:31:10.840 --> 0:31:15.240
<v Speaker 1>Act and by most circuits under the Labor Management Relations Act.

0:31:15.280 --> 0:31:18.520
<v Speaker 1>And this case is brought under the LMR. But the

0:31:18.600 --> 0:31:23.000
<v Speaker 1>case law that recognizes and the statute that recognizes the

0:31:23.040 --> 0:31:26.680
<v Speaker 1>fundamental fairness as one of the limited grounds on which

0:31:26.840 --> 0:31:30.080
<v Speaker 1>the federal judge can vacate an arbitration award. I believe

0:31:30.120 --> 0:31:33.719
<v Speaker 1>that travels to the labor arbitration context. Now, the Brady

0:31:33.760 --> 0:31:37.920
<v Speaker 1>decision did not foreclose the use of fundamental fairness in

0:31:37.960 --> 0:31:42.360
<v Speaker 1>future cases. While the court took great pains to state

0:31:42.440 --> 0:31:47.760
<v Speaker 1>that the fundamental fairness principle is not necessarily recognized in

0:31:47.800 --> 0:31:50.600
<v Speaker 1>the labor context, every court that has ever addressed it,

0:31:50.680 --> 0:31:53.240
<v Speaker 1>in the Second Circuit and in the lower federal courts

0:31:53.280 --> 0:31:57.320
<v Speaker 1>always analyzes the fundamental fairness argument on the merits. And

0:31:57.360 --> 0:31:59.800
<v Speaker 1>then we go to the issue of whether the court's

0:32:00.000 --> 0:32:04.480
<v Speaker 1>finding in deflate Gate is applicable to the Elliot case

0:32:04.520 --> 0:32:08.040
<v Speaker 1>and forecloses that argument on its merits. And I don't

0:32:08.040 --> 0:32:11.520
<v Speaker 1>believe that it does, because in the deflate Gate case,

0:32:11.920 --> 0:32:15.200
<v Speaker 1>the fundamental fairness argument that the Union raised well, the

0:32:15.240 --> 0:32:18.440
<v Speaker 1>main one was that they were denied the opportunity to

0:32:18.520 --> 0:32:24.600
<v Speaker 1>cross examine NFL lawyer and senior Vice president Jeffrey Pash,

0:32:24.680 --> 0:32:28.000
<v Speaker 1>who was one of the co authors of the Wells

0:32:28.040 --> 0:32:34.040
<v Speaker 1>investigative report and played some role in editing that investigative report.

0:32:34.280 --> 0:32:37.600
<v Speaker 1>That is a far cry from the accuser in a

0:32:37.640 --> 0:32:41.360
<v Speaker 1>domestic violence case. Now, the Second Circuit's deflate Gate opinion

0:32:42.480 --> 0:32:45.520
<v Speaker 1>rejected the fundamental fairness argument advanced by the Union because

0:32:45.560 --> 0:32:49.600
<v Speaker 1>it characterized Jeff Pash as a collateral, meaning an unimportant

0:32:49.720 --> 0:32:53.840
<v Speaker 1>or less important witness that was cumulative of much of

0:32:53.880 --> 0:32:57.240
<v Speaker 1>the other testimony from mister Wells and from the findings

0:32:57.240 --> 0:33:00.200
<v Speaker 1>in the Wells report. You can't get anywhere more more

0:33:00.320 --> 0:33:03.960
<v Speaker 1>essential in a domestic violence case than having the ability

0:33:04.200 --> 0:33:07.960
<v Speaker 1>to confront and cross examiner a cross examine the person

0:33:08.040 --> 0:33:11.040
<v Speaker 1>who accuses the player of domestic violence. That is the

0:33:11.200 --> 0:33:13.680
<v Speaker 1>entire there is almost the entirety of the League's case

0:33:13.720 --> 0:33:17.360
<v Speaker 1>against Elliot, And under the Personal Conduct Policy, the threshold

0:33:17.360 --> 0:33:21.000
<v Speaker 1>that the League has to establish is that credible evidence

0:33:21.240 --> 0:33:26.360
<v Speaker 1>supported the allegations. How can you meet that standard if

0:33:26.400 --> 0:33:29.520
<v Speaker 1>Elliot can't test the credibility of the testimony of the

0:33:29.560 --> 0:33:32.440
<v Speaker 1>person who put him under suspension. And that goes to

0:33:32.480 --> 0:33:35.240
<v Speaker 1>the very heart of the Seventh Amendment and sixth Amendment

0:33:35.640 --> 0:33:39.280
<v Speaker 1>right to confront your accuser. While while that principle is

0:33:39.320 --> 0:33:42.760
<v Speaker 1>not necessarily embedded under the rules of arbitration, which are

0:33:42.800 --> 0:33:47.720
<v Speaker 1>somewhat less formal, it does fit the I guess the

0:33:48.400 --> 0:33:54.080
<v Speaker 1>category of fundamental fairness and when an arbitrator deprives a

0:33:54.200 --> 0:33:58.160
<v Speaker 1>party of material and relevant testimony, well that is tant

0:33:58.160 --> 0:34:02.160
<v Speaker 1>amount to a fundamentally unfair arbitration. And this is the

0:34:02.200 --> 0:34:05.200
<v Speaker 1>most essential testimony that you could even conceive of. And

0:34:05.640 --> 0:34:08.720
<v Speaker 1>in a domestic violence case, the accuser in a he said,

0:34:09.040 --> 0:34:12.600
<v Speaker 1>she said situation. All right, Daniel, you kind of said

0:34:12.640 --> 0:34:14.759
<v Speaker 1>this a little bit earlier when we first had you on,

0:34:14.880 --> 0:34:17.400
<v Speaker 1>But do you feel like, not to put you on

0:34:17.400 --> 0:34:19.279
<v Speaker 1>the spot here, but do you feel like there's more

0:34:19.280 --> 0:34:22.400
<v Speaker 1>than one battle going on here that that you know,

0:34:22.440 --> 0:34:25.200
<v Speaker 1>we know the NFLPA and the NFL have have had

0:34:25.239 --> 0:34:27.640
<v Speaker 1>their issues and they're going to probably have more with

0:34:27.640 --> 0:34:30.680
<v Speaker 1>with more labor talks coming up maybe next year. Do

0:34:30.680 --> 0:34:34.000
<v Speaker 1>you feel like this is just the next case in

0:34:34.200 --> 0:34:37.560
<v Speaker 1>what these two sides are have been battling with each

0:34:37.600 --> 0:34:40.239
<v Speaker 1>other that you know, there's a there's a precedence here

0:34:40.280 --> 0:34:42.479
<v Speaker 1>that they want to make sure that as we head

0:34:42.520 --> 0:34:45.359
<v Speaker 1>into labor talks that you know, that their side kind

0:34:45.400 --> 0:34:48.040
<v Speaker 1>of wins here. Yeah, I mean, this case is going

0:34:48.080 --> 0:34:52.319
<v Speaker 1>to really elevate the critical issue going forward in the

0:34:52.960 --> 0:34:56.120
<v Speaker 1>labor negotiations because if Elliott prevails on the principle of

0:34:56.120 --> 0:34:59.799
<v Speaker 1>fundamental fairness, it creates a precedent that the union would

0:34:59.840 --> 0:35:03.120
<v Speaker 1>be able to establish in future domestic violence cases. We're

0:35:03.120 --> 0:35:06.399
<v Speaker 1>going to see if if Elliot wins, the accuser will

0:35:06.440 --> 0:35:10.719
<v Speaker 1>now likely have to participate in future arbitrations under the

0:35:10.760 --> 0:35:14.080
<v Speaker 1>personal conduct policy, and that creates that could create a

0:35:14.160 --> 0:35:18.120
<v Speaker 1>chilling effect for for witnesses and accusers. I mean Tiffany

0:35:18.160 --> 0:35:22.200
<v Speaker 1>Thompson cooperated voluntarily with the NFL during the investigation. If

0:35:22.239 --> 0:35:24.440
<v Speaker 1>she knew that she had to testify and the arbitration

0:35:24.560 --> 0:35:27.560
<v Speaker 1>bebect and be subjected to a withering cross examination from

0:35:27.600 --> 0:35:31.680
<v Speaker 1>Jeffrey Kessler, she might hesitate to cooperate with the NFL.

0:35:31.760 --> 0:35:34.960
<v Speaker 1>So this is a huge victory for the union in

0:35:35.080 --> 0:35:38.760
<v Speaker 1>battling against what they consider to be a one sided

0:35:39.040 --> 0:35:42.879
<v Speaker 1>personal conduct policy that was not collectively bargained. So this

0:35:43.000 --> 0:35:47.800
<v Speaker 1>could create a significant negotiation point when the collective bargaining

0:35:47.800 --> 0:35:50.000
<v Speaker 1>agreement comes to an end. So that's that's what the

0:35:50.080 --> 0:35:52.840
<v Speaker 1>league is fighting for here. It's not simply about Elliot's

0:35:52.880 --> 0:35:58.280
<v Speaker 1>six games, but about reinstating and bolstering its personal conduct policy.

0:35:58.560 --> 0:36:02.680
<v Speaker 1>That policy would be significantly undermined if the players Association,

0:36:02.920 --> 0:36:05.720
<v Speaker 1>we're able to score a victory on fundamental fairness grounds.

0:36:05.719 --> 0:36:09.759
<v Speaker 1>It would establish a precedent going forward and undermine the

0:36:09.880 --> 0:36:12.279
<v Speaker 1>victories that the league has achieved under de flate Gate

0:36:12.440 --> 0:36:15.200
<v Speaker 1>and under the Adrian Peterson case. I mean, while while

0:36:15.200 --> 0:36:19.360
<v Speaker 1>an arbitrator's evidentiary rulings are generally within the scope of

0:36:19.440 --> 0:36:25.279
<v Speaker 1>the arbitrator's discretion, there's a fine line between that discretion

0:36:25.760 --> 0:36:31.120
<v Speaker 1>and then the denial of material and relevant testimony, which

0:36:31.160 --> 0:36:33.359
<v Speaker 1>goes to the heart of the case. It really does

0:36:33.400 --> 0:36:36.520
<v Speaker 1>create some uncertainty going forward for the National Football League

0:36:36.560 --> 0:36:41.240
<v Speaker 1>and will ultimately lead to more challenges by the players

0:36:41.239 --> 0:36:45.239
<v Speaker 1>Association and more court challenges of arbitration decisions. And we're

0:36:45.239 --> 0:36:47.440
<v Speaker 1>going to be in future federal court battles. This is

0:36:47.440 --> 0:36:49.560
<v Speaker 1>not going to be the last one. If the players win,

0:36:49.680 --> 0:36:53.160
<v Speaker 1>it does create a significant opening for the union to

0:36:53.239 --> 0:36:56.640
<v Speaker 1>challenge arbitration decisions going forward. This is Daniel Wallack. We're

0:36:56.640 --> 0:37:00.120
<v Speaker 1>talking to him about the Ezechuel Elliott legal issues. Is

0:37:00.160 --> 0:37:02.920
<v Speaker 1>a sports and gaming attorney. And one more question we

0:37:02.920 --> 0:37:05.040
<v Speaker 1>have for you. We really appreciate your time. One more

0:37:05.120 --> 0:37:07.600
<v Speaker 1>question before you leave. So I know there's a lot

0:37:07.600 --> 0:37:09.719
<v Speaker 1>that we've talked about here, and there's probably some fans

0:37:09.719 --> 0:37:12.040
<v Speaker 1>out there listening that their heads are spinning at this point.

0:37:12.120 --> 0:37:14.480
<v Speaker 1>Probably got a lot more law than they really expected

0:37:14.600 --> 0:37:16.880
<v Speaker 1>or really can even wrap their arms around. So just

0:37:16.960 --> 0:37:18.600
<v Speaker 1>wrap it up in a bow for us using your

0:37:18.640 --> 0:37:23.799
<v Speaker 1>prognosticator hat. What do you think happens at the conclusion

0:37:23.840 --> 0:37:25.959
<v Speaker 1>of this How do you think this thing all ends?

0:37:26.200 --> 0:37:28.120
<v Speaker 1>From the standpoint of the next decision it has to

0:37:28.120 --> 0:37:31.040
<v Speaker 1>be made and the final decision as to whether Ezechuel

0:37:31.080 --> 0:37:34.160
<v Speaker 1>Elliott wins or doesn't win. Okay, fair point, we'll take

0:37:34.200 --> 0:37:37.080
<v Speaker 1>this in stages. There are three more court rulings that

0:37:37.120 --> 0:37:40.440
<v Speaker 1>are going to occur over the lifetime of the Elliot

0:37:40.520 --> 0:37:45.640
<v Speaker 1>versus NFL case. In two weeks, Judge Faila will in

0:37:45.719 --> 0:37:50.760
<v Speaker 1>all likelihood enter a preliminary injunction in Execuel Elliot's favor.

0:37:51.080 --> 0:37:54.960
<v Speaker 1>She will likely not disagree with her colleague on the

0:37:54.960 --> 0:37:57.680
<v Speaker 1>Southern District of New York Bench. Senior Judge Paul Croddy

0:37:57.800 --> 0:38:00.920
<v Speaker 1>is a very respected federal court judge. So when you

0:38:01.000 --> 0:38:03.280
<v Speaker 1>add up all of the decisions that have been issued

0:38:03.320 --> 0:38:06.799
<v Speaker 1>to date, the two from Judge Mazant, the one from

0:38:07.400 --> 0:38:12.480
<v Speaker 1>Judge Graves, and yesterday's TROO order from Judge Crotty. The

0:38:12.600 --> 0:38:17.000
<v Speaker 1>NFL Players Association is now armed with four significant federal

0:38:17.080 --> 0:38:20.319
<v Speaker 1>judicial opinions that I think allow it to clear the

0:38:20.400 --> 0:38:24.360
<v Speaker 1>hurdle of the likelihood of success on the merits. The

0:38:24.760 --> 0:38:28.160
<v Speaker 1>Judge Failure does not need to be persuaded that it's

0:38:28.200 --> 0:38:31.640
<v Speaker 1>certain that Eliot will prevail on the merits. There just

0:38:31.719 --> 0:38:34.480
<v Speaker 1>has to be a likelihood of success, and he already

0:38:34.480 --> 0:38:37.320
<v Speaker 1>has established that. And the key issue for me is

0:38:37.480 --> 0:38:41.720
<v Speaker 1>the irreparable harm if if Elliot misses any games because

0:38:41.719 --> 0:38:45.319
<v Speaker 1>he's denied a preliminary injunction, let's say he would later

0:38:45.400 --> 0:38:48.439
<v Speaker 1>win this case on appeal, Eliot will never be able

0:38:48.440 --> 0:38:51.520
<v Speaker 1>to recapture those games. They're gone forever. No federal court

0:38:51.560 --> 0:38:54.640
<v Speaker 1>has a time machine to restore that playing time. So

0:38:54.680 --> 0:38:57.040
<v Speaker 1>I think the status quo will be maintained on a

0:38:57.040 --> 0:39:00.719
<v Speaker 1>preliminary injunction. And if a preliminary injunction issue, then it

0:39:00.760 --> 0:39:03.720
<v Speaker 1>makes it much more likely than not that Judge Failer

0:39:03.800 --> 0:39:06.759
<v Speaker 1>will ultimately rule on the merits for the Players Association

0:39:06.880 --> 0:39:10.600
<v Speaker 1>on the principle of fundamental fairness. That decision could be

0:39:10.760 --> 0:39:13.799
<v Speaker 1>as quick as a month away. Because I believe all

0:39:13.840 --> 0:39:17.480
<v Speaker 1>of the briefing on this case is pretty close to complete,

0:39:17.680 --> 0:39:20.560
<v Speaker 1>and her decision on the validity of the arbitration award

0:39:20.600 --> 0:39:23.839
<v Speaker 1>will be based entirely on the arbitration record, which has

0:39:23.880 --> 0:39:28.000
<v Speaker 1>already been completed. While Jeffrey Kessler will be eager to

0:39:28.120 --> 0:39:31.800
<v Speaker 1>take Roger Goodell's deposition, I'm not certain that the judge

0:39:31.800 --> 0:39:34.759
<v Speaker 1>will allow open end to discovery in this case. So

0:39:34.800 --> 0:39:36.840
<v Speaker 1>I think you're going to see a decision in favor

0:39:36.880 --> 0:39:38.960
<v Speaker 1>of Elliot on the preliminary injunction in about two to

0:39:39.040 --> 0:39:42.840
<v Speaker 1>three weeks or less, and then a likely victory for

0:39:42.920 --> 0:39:46.560
<v Speaker 1>Elliot on the merits of the motion to vacate the

0:39:46.640 --> 0:39:49.040
<v Speaker 1>arbitration award, and you could see that come down at

0:39:49.080 --> 0:39:51.440
<v Speaker 1>some point in November. And then we head to the

0:39:51.520 --> 0:39:54.680
<v Speaker 1>second Circuit Us Court of Appeals, and the sixty four

0:39:54.719 --> 0:39:58.839
<v Speaker 1>thousand dollars question is whether the second Circuit will come

0:39:58.840 --> 0:40:02.400
<v Speaker 1>out with a ruling that distinguishes the deflate Gate decision.

0:40:02.760 --> 0:40:05.880
<v Speaker 1>Now we will I cannot prognosticate or predict how the

0:40:05.920 --> 0:40:08.600
<v Speaker 1>Second Circuit will rule without knowing the identity of the

0:40:08.640 --> 0:40:11.080
<v Speaker 1>three judges who will serve on the panel. For example,

0:40:11.640 --> 0:40:18.040
<v Speaker 1>if you have two democratically nominated two Democrats, one Republican. Well,

0:40:18.040 --> 0:40:20.880
<v Speaker 1>that certainly bolsters Elliot's chances. If you have one of

0:40:20.920 --> 0:40:23.880
<v Speaker 1>the same judges that ruled for Elliot that ruled for

0:40:23.920 --> 0:40:26.000
<v Speaker 1>Brady in to flate Gate, well that's a good thing.

0:40:26.160 --> 0:40:28.800
<v Speaker 1>But if Barrington Parker and Danny Chinner on that panel,

0:40:28.960 --> 0:40:32.000
<v Speaker 1>it's probably curtains for Elliott. And I believe at the

0:40:32.080 --> 0:40:34.880
<v Speaker 1>end of the day, Elliot is holding a very strong

0:40:35.000 --> 0:40:38.640
<v Speaker 1>argument on fundamental ground fundamental fairness grounds, because Brady and

0:40:39.480 --> 0:40:43.280
<v Speaker 1>Elliott are light years apart, and one can easily distinguish

0:40:43.360 --> 0:40:46.799
<v Speaker 1>Jeffrey Pasha's testimony in de flate Gate or the necessity

0:40:46.840 --> 0:40:52.360
<v Speaker 1>for it from the essential core of of Miss Thompson's testimony,

0:40:52.400 --> 0:40:54.440
<v Speaker 1>which goes to the very heart of the case on

0:40:54.480 --> 0:40:58.360
<v Speaker 1>the continuum of material and relevant testimony. If pass is

0:40:58.400 --> 0:41:01.400
<v Speaker 1>a one or a two, will certainly Tiffany Thompson is

0:41:01.440 --> 0:41:04.560
<v Speaker 1>like a ten or eleven, And I believe that's where

0:41:04.560 --> 0:41:07.200
<v Speaker 1>the two cases part company. And even under the second

0:41:07.200 --> 0:41:10.520
<v Speaker 1>Circuit ruling into flate Gate, I think the panel of

0:41:10.600 --> 0:41:13.359
<v Speaker 1>three judges would likely side with Elliott on the issue

0:41:13.360 --> 0:41:15.880
<v Speaker 1>of fundamental fanners. But it all comes down to the

0:41:15.920 --> 0:41:18.440
<v Speaker 1>luck of the draw and which three judges are assigned

0:41:18.480 --> 0:41:21.360
<v Speaker 1>to the appellate panel. All right, we really appreciate you

0:41:21.400 --> 0:41:24.640
<v Speaker 1>taking some time. Was really informative. We learned a lot

0:41:24.719 --> 0:41:27.720
<v Speaker 1>and we'll hopefully stay in touch if some other legal

0:41:27.719 --> 0:41:29.920
<v Speaker 1>issues come up, or certainly as this case continued, you'd

0:41:29.920 --> 0:41:32.040
<v Speaker 1>love to have you back on. It would be my pleasure.

0:41:32.040 --> 0:41:33.880
<v Speaker 1>Thanks for having me on today. It was a lot

0:41:33.880 --> 0:41:36.279
<v Speaker 1>of fun. All right, Thanks so much. Take care all right.

0:41:36.280 --> 0:41:38.359
<v Speaker 1>That was Daniel Wallack, who is a sports and gaming

0:41:38.360 --> 0:41:42.480
<v Speaker 1>attorney for Becker and Poliakoff, and he also has a

0:41:42.480 --> 0:41:45.880
<v Speaker 1>podcast of his own Conduct Detrimental. We had a lot

0:41:45.920 --> 0:41:48.600
<v Speaker 1>that he said there, Well, let's take a break. When

0:41:48.640 --> 0:41:50.399
<v Speaker 1>we come back, we'll kind of digest a little bit

0:41:50.400 --> 0:41:51.680
<v Speaker 1>more of that. See if we can get back more

0:41:51.680 --> 0:41:54.120
<v Speaker 1>into the San Francisco game as well. We'll do that

0:41:54.160 --> 0:41:56.479
<v Speaker 1>in the final segment, This is Dallas Cowboys dot Com Radio.

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<v Speaker 1>Back to the Break, Welcome back. It is the final

0:44:01.640 --> 0:44:04.440
<v Speaker 1>segment of the Break. We appreciate you guys joining us.

0:44:04.480 --> 0:44:07.239
<v Speaker 1>A live from the SWBC Mortgage studios at the Star,

0:44:07.719 --> 0:44:10.279
<v Speaker 1>and that was a really interesting segment that we had there.

0:44:10.280 --> 0:44:12.480
<v Speaker 1>We had a Daniel Wallace joined us who was an

0:44:12.520 --> 0:44:15.440
<v Speaker 1>attorney who was able to give us some really good

0:44:15.480 --> 0:44:19.600
<v Speaker 1>insight into the Execuel Elliott case. I'll throw it out

0:44:19.600 --> 0:44:21.680
<v Speaker 1>to you guys, like, was there any what thing if

0:44:21.680 --> 0:44:24.200
<v Speaker 1>you had one thing, what one thing did you learn

0:44:24.320 --> 0:44:26.160
<v Speaker 1>there that you didn't quite know whether it was kind

0:44:26.160 --> 0:44:28.640
<v Speaker 1>of hazy to you that you can help make sense

0:44:28.680 --> 0:44:32.760
<v Speaker 1>for fans. Well, for me personally, that whole that was great,

0:44:32.840 --> 0:44:34.279
<v Speaker 1>But it was kind of like like have you ever

0:44:34.320 --> 0:44:36.399
<v Speaker 1>walked on a log, you know, You're just like, oh,

0:44:36.440 --> 0:44:38.880
<v Speaker 1>all right, I got this, I got oh, I'm gonna fall, Okay,

0:44:38.960 --> 0:44:41.400
<v Speaker 1>caught my balance. Like That's how I felt like the

0:44:41.440 --> 0:44:43.759
<v Speaker 1>whole time, just trying not to lose my grasp of

0:44:43.800 --> 0:44:48.880
<v Speaker 1>what he was talking about. Yeah, me personally, the background

0:44:48.880 --> 0:44:51.520
<v Speaker 1>information was really great. I feel like, you know, I've

0:44:51.560 --> 0:44:53.600
<v Speaker 1>been knee deep in this stuff for long enough that

0:44:53.640 --> 0:44:55.480
<v Speaker 1>I had a pretty good grasp on all of that.

0:44:55.560 --> 0:44:57.680
<v Speaker 1>But the big thing I just I wanted to know

0:44:57.840 --> 0:45:00.320
<v Speaker 1>more about what to expect in these next two weeks.

0:45:00.680 --> 0:45:03.879
<v Speaker 1>And I think, you know, I get you know, it's

0:45:04.000 --> 0:45:06.800
<v Speaker 1>it's his life and his reputation, and there's more important stuff.

0:45:06.840 --> 0:45:10.399
<v Speaker 1>But I think most fans just want to know Okaya playing,

0:45:10.400 --> 0:45:12.400
<v Speaker 1>when he playing? When? When can he play? How do

0:45:12.440 --> 0:45:17.120
<v Speaker 1>we know when he can play? What's the likelihood? Yeah? So,

0:45:17.440 --> 0:45:21.239
<v Speaker 1>I mean, you know, it's it sounds to me it's

0:45:21.280 --> 0:45:23.200
<v Speaker 1>not a guarantee, but it sounds to me from talking

0:45:23.239 --> 0:45:26.560
<v Speaker 1>to him that I would I'm leaning toward thinking Zeke

0:45:26.560 --> 0:45:29.280
<v Speaker 1>will be there for the Redskins too. Yeah, and then

0:45:29.320 --> 0:45:31.200
<v Speaker 1>who knows where it goes from there. It's like even

0:45:31.239 --> 0:45:33.279
<v Speaker 1>more than that, well, yeah, way he the way, If

0:45:33.280 --> 0:45:35.279
<v Speaker 1>it goes the way he says it goes, then he'll

0:45:35.320 --> 0:45:37.799
<v Speaker 1>be there play. Yeah, I'm not ready to. I'm not

0:45:37.840 --> 0:45:41.480
<v Speaker 1>ready to take that leap just yet. But so October

0:45:41.560 --> 0:45:45.160
<v Speaker 1>thirtieth is the day that I kind of have circled

0:45:45.200 --> 0:45:48.560
<v Speaker 1>in my mental calendar. What I'm curious and I didn't

0:45:48.560 --> 0:45:52.279
<v Speaker 1>ask him this, I thought about it, is you think

0:45:52.520 --> 0:45:55.719
<v Speaker 1>is it a coincidence that she's on vacation? Just just

0:45:55.760 --> 0:46:00.359
<v Speaker 1>the coincidence. I don't think there's some big, grand conspiracy.

0:46:00.400 --> 0:46:02.640
<v Speaker 1>I mean, why would there be. I'm not saying that

0:46:02.800 --> 0:46:06.360
<v Speaker 1>it's a conspiracy that she's on vacation. I'm saying, is

0:46:06.400 --> 0:46:09.920
<v Speaker 1>it this is just this is the judge that has

0:46:09.960 --> 0:46:12.680
<v Speaker 1>to see this case. Well, when it gets to a court,

0:46:12.719 --> 0:46:15.239
<v Speaker 1>it gets to a court by procedure, there's procedure that

0:46:15.560 --> 0:46:18.560
<v Speaker 1>puts it in specific courts. And so yeah, I wonder

0:46:18.600 --> 0:46:24.080
<v Speaker 1>if I don't felt PA maybe sought out this situation

0:46:24.200 --> 0:46:25.799
<v Speaker 1>so they could. But that's the point. They don't get

0:46:25.840 --> 0:46:27.520
<v Speaker 1>to choose which court. Like, if they want to choose

0:46:27.520 --> 0:46:29.600
<v Speaker 1>which court, they'd be back in Dallas. So I don't

0:46:29.640 --> 0:46:32.279
<v Speaker 1>know that they get to say, hey, this judge is gone,

0:46:32.360 --> 0:46:34.239
<v Speaker 1>let's use this court. I don't think it works like that.

0:46:34.640 --> 0:46:36.840
<v Speaker 1>I don't think it does either. Okay, I have a question,

0:46:37.080 --> 0:46:39.960
<v Speaker 1>and I'm not sure if he kind of talked about

0:46:40.000 --> 0:46:41.719
<v Speaker 1>it or not. Again, I was going up and down.

0:46:41.760 --> 0:46:45.640
<v Speaker 1>Well okay, I'm understanding. Okay, Well now I'm kind of confused. Okay,

0:46:46.480 --> 0:46:50.160
<v Speaker 1>to clear this thing up, we're fighting or they are

0:46:50.280 --> 0:46:53.879
<v Speaker 1>fighting against the whole fairness of the case. Right, Let's

0:46:53.920 --> 0:46:58.360
<v Speaker 1>say they say, okay, yes he was indeed treated unfair.

0:46:59.480 --> 0:47:02.240
<v Speaker 1>Now from that point, does he go to another court

0:47:02.239 --> 0:47:06.960
<v Speaker 1>and now they're actually hearing the whole case of what

0:47:07.239 --> 0:47:10.520
<v Speaker 1>really happened here. Let's hear both sides. I actually think

0:47:10.600 --> 0:47:12.600
<v Speaker 1>the way he was talking about it, that actually is

0:47:12.640 --> 0:47:15.319
<v Speaker 1>taking place at this point, because he said before and

0:47:15.360 --> 0:47:16.920
<v Speaker 1>that was the question I had for him about the

0:47:17.200 --> 0:47:19.120
<v Speaker 1>procedural things that have been ruled one at this point.

0:47:19.120 --> 0:47:21.480
<v Speaker 1>They were talking about the timing that they filed it

0:47:21.520 --> 0:47:24.520
<v Speaker 1>before the arbitration was done, and the venue they did

0:47:24.520 --> 0:47:26.160
<v Speaker 1>it in Dallas, it should have been in New York.

0:47:26.520 --> 0:47:28.520
<v Speaker 1>So it's like, those are the procedural things that have

0:47:28.560 --> 0:47:30.960
<v Speaker 1>already been ruled one at this point, from what he

0:47:31.040 --> 0:47:33.759
<v Speaker 1>was saying, the injunction at this point, that's up, that's

0:47:33.760 --> 0:47:36.279
<v Speaker 1>before the court that is going to look at things

0:47:36.280 --> 0:47:39.279
<v Speaker 1>like fundamental fairness, and so they are already looking at

0:47:39.320 --> 0:47:42.120
<v Speaker 1>and really what they're deciding right now is not necessarily

0:47:42.160 --> 0:47:45.600
<v Speaker 1>the case of what happened and whether he was unfairly treated.

0:47:46.080 --> 0:47:49.880
<v Speaker 1>It's more that they're trying to determine is there a

0:47:49.960 --> 0:47:53.239
<v Speaker 1>likelihood that he was unfairly treated and that should matter

0:47:53.280 --> 0:47:56.399
<v Speaker 1>in this case. So if that's the case, we need

0:47:56.440 --> 0:47:59.640
<v Speaker 1>to allow him this injunction so that in the meantime

0:47:59.640 --> 0:48:02.480
<v Speaker 1>he could continue to play while the court here's all

0:48:02.480 --> 0:48:04.760
<v Speaker 1>this stuff, while the court here's the case, while the

0:48:04.760 --> 0:48:07.520
<v Speaker 1>court deliberates on the case and before the court can

0:48:07.560 --> 0:48:09.960
<v Speaker 1>actually make a decision on it. So it's really just

0:48:10.040 --> 0:48:12.239
<v Speaker 1>right now they're trying to figure out is this a

0:48:12.320 --> 0:48:14.560
<v Speaker 1>likelyod It's almost like you're in that process of figuring

0:48:14.560 --> 0:48:16.600
<v Speaker 1>out is this a case worth hearing? And if it's

0:48:16.600 --> 0:48:18.799
<v Speaker 1>a case worth hearing, then you need to give him

0:48:18.840 --> 0:48:21.360
<v Speaker 1>time to continue to play if you believe that, again

0:48:21.480 --> 0:48:24.319
<v Speaker 1>he can lose something that he can't get back, and

0:48:24.360 --> 0:48:27.480
<v Speaker 1>then we would know if in fact he did commit

0:48:28.120 --> 0:48:31.920
<v Speaker 1>domestic violence or not. Right, I don't know that they

0:48:31.920 --> 0:48:35.480
<v Speaker 1>will ever judge on that, but they're judging on what

0:48:35.520 --> 0:48:38.240
<v Speaker 1>they're judging on that's already been judged by the NFL.

0:48:38.520 --> 0:48:41.560
<v Speaker 1>The courts, as far as that's concerned, they decided there

0:48:41.640 --> 0:48:43.600
<v Speaker 1>wasn't enough to even have a case. If you remember

0:48:43.640 --> 0:48:45.840
<v Speaker 1>back before all this started with the NFL, the courts

0:48:45.840 --> 0:48:48.520
<v Speaker 1>already decided that. So the courts right now are not

0:48:48.600 --> 0:48:51.520
<v Speaker 1>deciding whether he's guilty or innocent of domestic violence. What

0:48:51.560 --> 0:48:54.160
<v Speaker 1>they are talking about is was the process fair in

0:48:54.200 --> 0:48:56.960
<v Speaker 1>the NFL determining that he should be suspended? And I

0:48:57.000 --> 0:49:01.440
<v Speaker 1>get I guess the ruling of the NFL when it

0:49:01.440 --> 0:49:04.560
<v Speaker 1>comes to that. I think, obviously if he was treated unfairly,

0:49:05.000 --> 0:49:08.520
<v Speaker 1>it kind of goes into the whole case itself, like

0:49:08.640 --> 0:49:12.600
<v Speaker 1>whether he was, let's say, innocent or guilty, you know

0:49:12.640 --> 0:49:16.680
<v Speaker 1>what I mean. So the fact of giving him the

0:49:16.719 --> 0:49:20.000
<v Speaker 1>time or whatever for him to provide all the information

0:49:20.040 --> 0:49:23.080
<v Speaker 1>that needed to be provided and having Tiffany be up

0:49:23.120 --> 0:49:26.080
<v Speaker 1>there in front of him and saying everything. I mean,

0:49:26.160 --> 0:49:31.000
<v Speaker 1>that plays into the case and I don't I don't

0:49:31.040 --> 0:49:33.480
<v Speaker 1>know how to really explain it. It goes into the

0:49:33.520 --> 0:49:36.040
<v Speaker 1>whole unfairness thing, but at the same time it goes

0:49:36.080 --> 0:49:40.080
<v Speaker 1>to is he guilty or not? Aside from that, That's

0:49:40.080 --> 0:49:43.479
<v Speaker 1>where my head kind of gets fuzzy, Like I put

0:49:43.520 --> 0:49:47.480
<v Speaker 1>the fairness aside. Even if he was treated fairly, do

0:49:48.080 --> 0:49:51.080
<v Speaker 1>we have enough proof to where we know if he

0:49:51.200 --> 0:49:53.799
<v Speaker 1>did it or not? And I don't think there is.

0:49:53.840 --> 0:49:56.680
<v Speaker 1>I mean, at the NFL had enough proof where they

0:49:56.680 --> 0:50:00.279
<v Speaker 1>felt like there was a likelihood that something happened inappropriately, right,

0:50:00.520 --> 0:50:03.040
<v Speaker 1>the court said in the very beginning there was not

0:50:03.239 --> 0:50:06.000
<v Speaker 1>enough evidence for them to even take it to trial. Right,

0:50:06.400 --> 0:50:09.279
<v Speaker 1>So if you're trying to get an answer on whether

0:50:09.320 --> 0:50:11.400
<v Speaker 1>he did it or not, I'm sorry to tell you,

0:50:11.440 --> 0:50:13.200
<v Speaker 1>but I don't know if there's enough proof one way

0:50:13.239 --> 0:50:15.200
<v Speaker 1>or the other to say, really did it or did

0:50:15.320 --> 0:50:18.839
<v Speaker 1>The material is out there and you can go read

0:50:18.920 --> 0:50:20.839
<v Speaker 1>it and look through it and come to your own

0:50:20.840 --> 0:50:23.399
<v Speaker 1>determination about you know, how you feel about it. Who

0:50:23.440 --> 0:50:27.239
<v Speaker 1>you feel is, oh, I've looked through all that. Well

0:50:26.880 --> 0:50:29.239
<v Speaker 1>that kind as much as you're gonna that's all you got.

0:50:29.320 --> 0:50:31.560
<v Speaker 1>You gotta you make a determination about how you feel

0:50:31.560 --> 0:50:34.120
<v Speaker 1>about it. But that's I guess for me to feel

0:50:34.160 --> 0:50:37.000
<v Speaker 1>good about this whole thing and come to resolution for

0:50:37.200 --> 0:50:40.279
<v Speaker 1>my own you know inside and my own mind is

0:50:40.320 --> 0:50:43.719
<v Speaker 1>to have both of them in front of me. See Tiffany,

0:50:44.640 --> 0:50:47.480
<v Speaker 1>do your own investigations aside. Let's put aside the whole

0:50:47.520 --> 0:50:51.759
<v Speaker 1>fairness of the lead, you know which, I'm glad that fine,

0:50:51.800 --> 0:50:55.120
<v Speaker 1>if we work. Can we do that on the break.

0:50:55.320 --> 0:50:57.840
<v Speaker 1>Let's do it on the break. Everyone says what actually happened?

0:50:57.840 --> 0:51:00.440
<v Speaker 1>We hear both sides right in front of each Let's

0:51:00.440 --> 0:51:02.600
<v Speaker 1>see if they can both tell them. I mean, you know,

0:51:02.760 --> 0:51:05.920
<v Speaker 1>what's interesting that you say that? And I don't know

0:51:05.920 --> 0:51:09.080
<v Speaker 1>if you have to be a female to have this perspective.

0:51:09.120 --> 0:51:12.319
<v Speaker 1>I don't think you do, but I'm curious. It's like

0:51:12.360 --> 0:51:15.040
<v Speaker 1>it's kind of feels weird to like be rooting for Zeke,

0:51:15.760 --> 0:51:18.359
<v Speaker 1>you know, just because he's on this team and all that.

0:51:18.440 --> 0:51:20.960
<v Speaker 1>I mean, it seems like maybe what you're saying is

0:51:20.960 --> 0:51:24.200
<v Speaker 1>is that you want to know kind of what happened here?

0:51:24.239 --> 0:51:26.840
<v Speaker 1>Should I want you to to win this thing? Or

0:51:26.840 --> 0:51:29.160
<v Speaker 1>should should you not? Do you deserve to win? And see,

0:51:29.160 --> 0:51:31.719
<v Speaker 1>that's the thing we don't really we know. And I

0:51:31.719 --> 0:51:33.799
<v Speaker 1>think that's what's so weird about this whole case with

0:51:33.840 --> 0:51:36.120
<v Speaker 1>the NFL and and why I kind of asked that

0:51:36.200 --> 0:51:38.600
<v Speaker 1>question about moving forward. I think this is a really

0:51:38.640 --> 0:51:41.319
<v Speaker 1>big case for you know, does the NFL really get

0:51:41.360 --> 0:51:43.880
<v Speaker 1>to play judge and jury here because you know, the

0:51:44.440 --> 0:51:47.359
<v Speaker 1>court system in Ohio didn't think it needed to go

0:51:47.400 --> 0:51:50.120
<v Speaker 1>to trial, and now that they're you know that they thought,

0:51:50.160 --> 0:51:52.880
<v Speaker 1>well it's worthy of six games. So this is going

0:51:52.960 --> 0:51:56.200
<v Speaker 1>to be a really big case in the new Labor

0:51:56.320 --> 0:52:00.000
<v Speaker 1>talks about how much power Goodell and the NFL really

0:52:00.120 --> 0:52:03.600
<v Speaker 1>has well, And that's It's It's convenient in a way

0:52:03.640 --> 0:52:06.440
<v Speaker 1>because I think you can compartmentalize this whole thing like

0:52:06.520 --> 0:52:10.759
<v Speaker 1>between like this is about domestic violence, but it has

0:52:10.840 --> 0:52:15.000
<v Speaker 1>become about something completely different, Like you can at least

0:52:15.000 --> 0:52:18.040
<v Speaker 1>I can separate the two and say it looked like

0:52:18.120 --> 0:52:20.839
<v Speaker 1>one way or another, some schiv stuff happened here, Like

0:52:20.920 --> 0:52:24.040
<v Speaker 1>this doesn't look good based on you know, court testimony,

0:52:24.120 --> 0:52:27.480
<v Speaker 1>witness testimony, whether it's conflicting or not, whether it's all

0:52:27.480 --> 0:52:30.359
<v Speaker 1>true or not. There's some bad stuff going on here

0:52:30.719 --> 0:52:32.959
<v Speaker 1>that's not great. But then I can look over here

0:52:33.360 --> 0:52:35.759
<v Speaker 1>and everything that's happened since then, how the NFL has

0:52:35.800 --> 0:52:38.160
<v Speaker 1>handled this, the fairness of how they did it, and

0:52:38.200 --> 0:52:41.920
<v Speaker 1>I can say that's not right. And you know, regardless

0:52:41.960 --> 0:52:45.880
<v Speaker 1>of how guilty or innocent he is, the process that

0:52:45.920 --> 0:52:48.360
<v Speaker 1>the league goes through for all this stuff is wrong

0:52:48.440 --> 0:52:51.480
<v Speaker 1>in my opinion, and so you can almost kind of

0:52:51.520 --> 0:52:53.680
<v Speaker 1>have it both ways, and like I don't I don't

0:52:53.719 --> 0:52:57.200
<v Speaker 1>have to condemn or exonerate Ezekiel Elliott to know that

0:52:57.239 --> 0:53:00.359
<v Speaker 1>this is messed up. Well, I agree, you can kind

0:53:00.400 --> 0:53:03.719
<v Speaker 1>of I look at it as almost two completely separate factors.

0:53:03.960 --> 0:53:05.920
<v Speaker 1>And what I think this go ahead and I was

0:53:05.920 --> 0:53:09.479
<v Speaker 1>just gonna say that that's absolutely agree is two different things.

0:53:09.520 --> 0:53:13.560
<v Speaker 1>But to me, it's really sad that the whole procedure

0:53:13.680 --> 0:53:17.960
<v Speaker 1>thing is kind of taking over something that could have

0:53:18.200 --> 0:53:24.000
<v Speaker 1>like if it did indeed happen, like that's something very important,

0:53:24.080 --> 0:53:27.040
<v Speaker 1>Like you know that that's a real deal right there.

0:53:27.080 --> 0:53:29.480
<v Speaker 1>You know, you can't just let something like that just

0:53:29.600 --> 0:53:31.919
<v Speaker 1>fly by and know, we're cool here, we're good. Let's

0:53:31.960 --> 0:53:35.239
<v Speaker 1>just focus on this whole procedure and stuff. That's where

0:53:35.880 --> 0:53:38.040
<v Speaker 1>I guess I just kind of get upset about this

0:53:38.080 --> 0:53:40.760
<v Speaker 1>whole thing, is that that has taken the light of

0:53:40.920 --> 0:53:44.440
<v Speaker 1>the whole case, the whole procedure, and not really focusing

0:53:44.480 --> 0:53:47.439
<v Speaker 1>on what actually happened. You know what, That's a great point,

0:53:47.520 --> 0:53:50.840
<v Speaker 1>but let's not forget the NFL took thirteen months to

0:53:51.520 --> 0:53:56.960
<v Speaker 1>do this investigation, thirteen months on something that, excuse me,

0:53:57.040 --> 0:54:00.319
<v Speaker 1>thirteen months that the court system in Ohio already threw route.

0:54:00.600 --> 0:54:04.120
<v Speaker 1>So and then they made a decision before the season.

0:54:04.880 --> 0:54:08.239
<v Speaker 1>I think that they kind of thought that they would

0:54:08.280 --> 0:54:11.479
<v Speaker 1>just kind of take it and go and and Zeke

0:54:11.520 --> 0:54:15.200
<v Speaker 1>has fought back on this. And think about this, anything

0:54:15.280 --> 0:54:19.239
<v Speaker 1>that you spend a million dollars on, you probably have

0:54:19.400 --> 0:54:22.360
<v Speaker 1>some kind of passion whatever it is, whatever cost a

0:54:22.400 --> 0:54:24.600
<v Speaker 1>million dollars. And when it's all said none, this is

0:54:24.640 --> 0:54:28.160
<v Speaker 1>gonna be about a million dollars for Zeke and legal costs. So,

0:54:28.840 --> 0:54:32.920
<v Speaker 1>I mean, he obviously feels like he's got a case here.

0:54:32.920 --> 0:54:34.799
<v Speaker 1>You don't. You don't spend that much money for it.

0:54:34.880 --> 0:54:37.839
<v Speaker 1>So I agree with your point that technicalities are kind

0:54:37.840 --> 0:54:40.960
<v Speaker 1>of taken over this, But the NFL kind of opened

0:54:40.960 --> 0:54:44.120
<v Speaker 1>this can of worms when they opened up the investigation,

0:54:44.239 --> 0:54:45.960
<v Speaker 1>took thirteen months to do it, and did it right

0:54:46.040 --> 0:54:47.759
<v Speaker 1>before the season. Of course you're going to fight back,

0:54:47.840 --> 0:54:49.520
<v Speaker 1>but I think the thing has to be pointed out

0:54:49.560 --> 0:54:52.399
<v Speaker 1>here Amber, particularly to to what you're saying, is that

0:54:52.920 --> 0:54:55.440
<v Speaker 1>the courts of the legal authorities already have weighed in

0:54:55.520 --> 0:54:57.960
<v Speaker 1>on this, and what they weighed in on was there

0:54:58.080 --> 0:55:01.080
<v Speaker 1>is not enough evidence here for us to sewercase. And

0:55:01.400 --> 0:55:04.000
<v Speaker 1>so I think and that's I think this whole thing

0:55:04.080 --> 0:55:07.600
<v Speaker 1>kind of highlights the problem with the NFL getting into

0:55:07.600 --> 0:55:11.799
<v Speaker 1>the business of judging players, because if you think about

0:55:11.840 --> 0:55:14.360
<v Speaker 1>it this country, there's a lot of rules, there's a

0:55:14.360 --> 0:55:17.000
<v Speaker 1>lot of laws, there's a lot of there's their constitutional

0:55:17.000 --> 0:55:19.839
<v Speaker 1>amendments that are made for the purposes of making sure

0:55:19.960 --> 0:55:22.360
<v Speaker 1>that the rights of the accuser are protected and that

0:55:22.480 --> 0:55:28.200
<v Speaker 1>how we adjudicate wrong crimes is done the right way

0:55:28.280 --> 0:55:30.920
<v Speaker 1>and done by a certain procedure. And when the NFL

0:55:30.960 --> 0:55:33.399
<v Speaker 1>gets into that business, now the NFL has to live

0:55:33.400 --> 0:55:36.319
<v Speaker 1>according those things. As well, and they're not suited for that,

0:55:36.440 --> 0:55:39.719
<v Speaker 1>Like this is a this is a football organization. They

0:55:39.719 --> 0:55:42.879
<v Speaker 1>are not suited to to be able to properly as

0:55:42.920 --> 0:55:48.160
<v Speaker 1>a court would properly adjudicate a like say, adjudicate because

0:55:48.160 --> 0:55:49.880
<v Speaker 1>it makes you sound it does make me sound smart.

0:55:49.920 --> 0:55:51.919
<v Speaker 1>But my point is, My point is that I think

0:55:52.000 --> 0:55:54.239
<v Speaker 1>that's the problem in this whole thing is that the

0:55:54.360 --> 0:55:58.000
<v Speaker 1>NFL is not, I don't think properly equipped to handle

0:55:58.040 --> 0:55:59.920
<v Speaker 1>these kinds of things in the way a court would.

0:56:00.200 --> 0:56:03.080
<v Speaker 1>And if you want to have some kind of guidance

0:56:03.160 --> 0:56:05.880
<v Speaker 1>on what actually happened, I think you have to go

0:56:05.920 --> 0:56:09.040
<v Speaker 1>back to the legal authorities who originally said, hey, there's

0:56:09.080 --> 0:56:12.040
<v Speaker 1>not enough stuff here, because there's so much gray area

0:56:12.120 --> 0:56:16.640
<v Speaker 1>around this whole thing. There are there are lots of inaccuracies,

0:56:16.920 --> 0:56:18.200
<v Speaker 1>and there are a lot of things that have been

0:56:18.280 --> 0:56:20.759
<v Speaker 1>said that that point to the fact that there's not

0:56:20.920 --> 0:56:22.879
<v Speaker 1>enough evidence here for us to be able to even

0:56:22.920 --> 0:56:25.120
<v Speaker 1>take this to trial, not let alone say he's guilty

0:56:25.200 --> 0:56:27.879
<v Speaker 1>or innocent, but to even take it to trial. That's

0:56:27.920 --> 0:56:29.880
<v Speaker 1>what gives me a little more solace in the fact

0:56:29.880 --> 0:56:32.040
<v Speaker 1>that it's hard to believe that then he should have

0:56:32.080 --> 0:56:33.839
<v Speaker 1>to sit for six games. If a court already said

0:56:33.840 --> 0:56:35.600
<v Speaker 1>there's not enough hear of for us to even you know,

0:56:35.640 --> 0:56:39.000
<v Speaker 1>take to court. I agree, And I guess the way

0:56:39.120 --> 0:56:41.879
<v Speaker 1>I see it, or where I come into this whole

0:56:41.880 --> 0:56:44.080
<v Speaker 1>mass in my head is the fact that, yeah, they

0:56:44.160 --> 0:56:47.200
<v Speaker 1>said that, but again, you don't ever really know how

0:56:47.280 --> 0:56:50.200
<v Speaker 1>much you can trust, like sometimes the system is not

0:56:50.280 --> 0:56:53.520
<v Speaker 1>always perfect, absolutely, but that's all you have. Like, yeah, yeah,

0:56:53.560 --> 0:56:57.000
<v Speaker 1>but there's nothing better than the system. We don't we

0:56:57.080 --> 0:57:00.359
<v Speaker 1>don't know. But okay, the court made that decision, all right.

0:57:00.440 --> 0:57:03.839
<v Speaker 1>Then the NFL comes in, and to think that they

0:57:03.880 --> 0:57:06.440
<v Speaker 1>went through all this trouble and all this time and

0:57:06.520 --> 0:57:10.440
<v Speaker 1>actually going against what everyone expected and going against what

0:57:10.600 --> 0:57:14.480
<v Speaker 1>Jerry Jones has said to begin with, you would think

0:57:14.560 --> 0:57:17.640
<v Speaker 1>that they have enough to back that up. Right, So

0:57:17.680 --> 0:57:19.880
<v Speaker 1>now you have what the course said and what the

0:57:20.000 --> 0:57:23.840
<v Speaker 1>NFL is saying. So looking at both of them, it's

0:57:24.000 --> 0:57:28.000
<v Speaker 1>it goes back to him versus him type of thing,

0:57:28.080 --> 0:57:31.040
<v Speaker 1>like one person versus the other. Right, you know what

0:57:31.040 --> 0:57:33.600
<v Speaker 1>I'm saying, I don't understand, like you say this thing,

0:57:33.760 --> 0:57:36.200
<v Speaker 1>this one thing now, Nick is saying this one thing

0:57:36.440 --> 0:57:40.560
<v Speaker 1>right now, it's one against one of what each party

0:57:40.680 --> 0:57:45.160
<v Speaker 1>believes that happened right now. That's where I'm like, Okay,

0:57:45.240 --> 0:57:47.880
<v Speaker 1>I want to know what actually happened here. And although

0:57:47.920 --> 0:57:51.800
<v Speaker 1>we have seen all the whatever they listed that Tiffany

0:57:51.840 --> 0:57:54.120
<v Speaker 1>said and this and that, it just gets a little.

0:57:55.440 --> 0:57:59.120
<v Speaker 1>It creates more questions about the whole thing, and it's

0:57:59.120 --> 0:58:03.200
<v Speaker 1>just it's big. It became really messy and created a

0:58:03.280 --> 0:58:07.080
<v Speaker 1>lot of confusions and questions, and I guess I'm at

0:58:07.080 --> 0:58:10.400
<v Speaker 1>the point to where, Okay, if Sik is indeed going

0:58:10.440 --> 0:58:14.880
<v Speaker 1>through all this trouble too and putting out all this

0:58:15.120 --> 0:58:20.800
<v Speaker 1>money and time and effort, I would say I would

0:58:20.840 --> 0:58:24.480
<v Speaker 1>hope that he is, in fact, you know, innocent, And

0:58:24.560 --> 0:58:27.520
<v Speaker 1>even though we might not ever find out what actually

0:58:27.600 --> 0:58:31.200
<v Speaker 1>happened there, whether he was innocent or not, I think

0:58:31.200 --> 0:58:35.040
<v Speaker 1>that maybe by him doing all this, that does give

0:58:35.680 --> 0:58:40.400
<v Speaker 1>people another perspective of maybe create an idea of like, Okay,

0:58:40.440 --> 0:58:44.680
<v Speaker 1>maybe he is innocent, and now let's just focus on, yeah,

0:58:44.720 --> 0:58:49.040
<v Speaker 1>the whole mess of how the NFL handles every situation

0:58:49.120 --> 0:58:51.320
<v Speaker 1>in case and all that where there's a ton still

0:58:51.400 --> 0:58:54.120
<v Speaker 1>left to go. It sounds like and obviously the next

0:58:54.120 --> 0:58:57.000
<v Speaker 1>couple of weeks they'll be at least one decision that

0:58:57.040 --> 0:58:59.600
<v Speaker 1>will further this thing and kind of move this thing

0:58:59.600 --> 0:59:01.440
<v Speaker 1>along a little bit more. What we do know is

0:59:01.440 --> 0:59:03.760
<v Speaker 1>that Ezekiel Ellet will be there to play against the

0:59:03.800 --> 0:59:07.280
<v Speaker 1>San Francisco forty nine ers this Sunday at three oh

0:59:07.360 --> 0:59:10.480
<v Speaker 1>five Central time, And so tomorrow we'll jump into that

0:59:10.520 --> 0:59:12.800
<v Speaker 1>and talk about the San Francisco forty nine ers and

0:59:13.000 --> 0:59:15.680
<v Speaker 1>what the Cowboys can't expect when they faced them on Sunday.

0:59:15.680 --> 0:59:17.920
<v Speaker 1>Till then for Nick Eaton, Dave Hellman, and regard see,

0:59:17.960 --> 0:59:19.280
<v Speaker 1>I'm Derek Egels and this has been In the Break

0:59:19.320 --> 0:59:24.080
<v Speaker 1>live on Dallas Cowboys dot Com Radio. This has been

0:59:24.080 --> 0:59:27.320
<v Speaker 1>a production of Dallas Cowboys dot Com and the Dallas

0:59:27.320 --> 0:59:28.560
<v Speaker 1>Cowboys Football Club.