and and Frozen in cement when the lawsuit was filed, and it
wouldn't be all that hard for Brian Flores as lawyers to
paint anything that happens in the balance of this cycle, is
reaction
to the lawsuit as an effort to do the cleanup on aisle five
after these allegations are made.
And and I thought last night, you know, from a strategic
standpoint. It may have been better for Brian Flores to wait
until this. Well, was over, he's not facing any statute of
limitations. It's, this is all fresh. He's got plenty of time.
Let's wait and see what happens with these. Next five jobs
in a roundabout way. He may have been doing
some of the other coaches a favor
because to the extent that there is a reaction from a PR
standpoint. It results in one or two or three black coaches,
getting these jobs,
the fact that he filed, his lawsuit, may have been
a factor, a big factor in nudging teams in
Direction.
I mean, I hope it is. I'd love to see Patrick Graham. Get
an opportunity in Mike, you know, one of the things about about
the NFL coach hiring process, even though and good for
the NFL. It's been more deliberate this year, you
know, people have taken their time, you know, I've given
the stats on this show a couple of times about how basically teams
waited longer than they ever have.
The end of the regular season
to begin the hiring process,
but I also think that
the, the one other flaw
in the hiring process is always being concerned with winning
the press conference,
you know, and and and maybe thinking that and and I'm just,
I'm going to give this as an example. Not that it was
a flawed process.
I don't know what the process was.
I just know what has been.
Released by the team and the coaches involved. And now we'll
see because Brian Flores has implied,
that the fix was in
on this. But the New York Giants process resulted in
Brian daibul, getting a head coaching job and look
again. I do not mean this with any criticism
toward able,
but the fact is that NFL teams Time After Time year after
year.
Have the sit do the same thing. They hire coordinators from
teams that have just had a great year, is that the only
place
that coaches are good?
It is that the only pool that that we're considering,
personally. I was happiest of all the coaches in this
process. I was happiest to hear
that Patrick Graham, the defensive coordinator of
the Giants, who is Black? Had a nine hour session this Pink
in the offices of the Minnesota Vikings. His second interview
with the Vikings. He met everybody in the organization.
Mike. They did a mock press conference
with, with Patrick Graham,
you know, asking them everything, what's wrong with
this team? What's wrong with? So they
obviously vetted Patrick Graham. So well, and and
the only reason I say this
is that Patrick Graham is a coach
On a team that has been awful
for several years. Obviously the Giants last won a playoff game
10 years ago this
week
and so, you know, the Giants have totally been in a hole and
yet the defensive coordinator for that team, perhaps, because
the team originally,
the Vikings were originally looking
to satisfy the Rooney Rule.
I don't know why he was
offered a chance scenery,
but the Kings obviously, saw some things
seemingly. Anyway, I should say, not obviously seemingly
seemingly saw some things they like,
and Patrick Graham who is Black
basically goes in there and apparently Wow's everybody
and everybody looks around and say boy, how about this?
Patrick Graham, but it just goes to show that
to me should have a totally totally open process. And not
just think. Hey, let's talk to the coaches of the teams
that were really good this year. Year,
it's always been that way.
And I always wonder
why it's just, it's
I shouldn't wonder why. Because teams want to win the press
conference a day or two or three after they make
the higher.
Well, if they really wanted to win the press conference, it's
gets back to something. We've been saying the last two days,
they wouldn't have them show up in business suits for the press
conference. Said let them wear what they wear on the sidelines
and be comfortable
and speak the way that they ordinarily will during
the press conferences that we see during the season. Peter,
the cynical view of this year's hiring process is that in
the absence of a superstar for, which there was a land, rush
by multiple teams to hire
that what teams decided to do was deliberately go slowly but
ultimately hire whoever they want to hire anyway, and not
not give
the the black candidates any greater consideration than
they, otherwise would in the name of having greater
representation among the broader coaching pool
of black coaches.
And
you know that there is a greater sensitivity now to
taking your time, but this is the disconnect. The NFL has
faced for 20 years since the Rooney Rule was put in place.
You can't force
these teams to hire black coaches. You can just compel them
to not rush in and hire the guy that they want to hire. And
before this process started. It was estimated to me that 70 to
80% of these jobs when they're open, the owner knows
who's going to be higher this year. I feel Like none of the
owners had a predetermination as to who they wanted. So
that's progress. But at the end of the day and
to get back to what Troy Vincent told you
they can only do so much.
At the end of the day, the owners of these teams, the oligarchs,
the monarchs who own these teams. And this is one of
the most fascinating dynamics of
of the NFL. For me,
billion-dollar football operations.
Run by families, who passed the equity from generation to
generation sibling, to Sibling really rich, really powerful
people who aren't used to being told what to do and what not to
do and do what they want to do whenever they want. And however
they want. And they're all white, mostly white and they're
more comfortable with people who look like them. That's been
the big argument for all these years. It's one of one of
the reasons why there need to be black owners in the
NFL, the problem is these values
of franchises are skyrocketing. It's harder for anyone to come
up with the money to buy one of these teams. Maybe it'll happen
in Denver. Maybe it won't. But
you've got people calling the shots
who don't like to be told no
and are willing to thumb their nose at what may be
a protracted and troubling and expensive legal process
because the end of the day,
I'm Going to do what I want to do that. That's that's
the factor
that has created
and
and allowed this mess to continue.
And and, you know, my, I think the other part of this whole
equation that
that really needs to see, the light of day,
is how many qualified
black candidates
over the last X number of years,
you know, are presented and do interviews for these jobs, and
there's never any real explanation.
About why they didn't get the job.
You know, there's never any real explanation about
why Jim Caldwell
is fired after his
after his last year in Detroit,
you know, for having
how can you have a winning record with the Detroit Lions
Eye. I mean, that's it's almost unheard of Jim Caldwell did.
And there are so many candidates who right now,
the Ian
seeping out of them crying
coaches, and, you know, and these these coaches who reach
out to Troy Vincent, and who basically, just want him to do
something anything.
I think all of those coaches
have to be cheering from the sidelines today,
and I'm sure that all of the coaches who read this lawsuit,
all of the black coaches, you read this
Lawsuit are basically you go, flurries because they've been
waiting for this moment
for as floor. He's has
accused the NFL for the hands, caught in the cookie jar
and we'll see if these charges can be proven in a court of
law.
But Brian, flurries has a lot of people cheering for him
rooting for him right now.
Well and, you know, Peter, they
I can do more than route. Do we have the statement from Brian
Flores? That was issued yesterday. I think I'm pulling
it up here on my
okay. Let's take a look at what he said. And here it is. In
making the decision to follow the class action complaint.
Today. I understand that. I may be
risking coaching the game that I love and that has done so
much for my family and me, my sincere, hope
that by standing up against systemic racism. In the NFL,
others
will join me
to ensure the Changes made for generations to come. Others
will join me Peter.
There's an opportunity for
coaches out there
to do more than cheer for Brian Flores. There's strength in
numbers.
Yeah.
Well,
well, hey,
you can't blackballed every black coach. If every black
coach. Yeah who's been overlooked
decides to join in this litigation,
put their name on the Style of the case.
And
I understand it's a lot
to ask for and I understand that that's an individual
decision
that that every coach is going to have to make.
But if all of a sudden, it becomes Brian Flores plus
Eric be enemy plus,
Jim Caldwell plus Raheem Morris
plus Patrick Graham, if he doesn't get one of these jobs,
there's a certain point where
Snowball becomes so big that the NFL just has to get out of
the way.
And and when I saw that that language from Brian Flores
the first time
I thought, you know, he's not just hoping for cheerleaders.
He's hoping for partners
in this and we'll see if he gets in it.
I think you're absolutely right. Mike.
You know, they can't blackballed every
black coach,
and, and I do think that there are probably quite a few black
coaches,
this morning, who are thinking, you know, what should I say?
What should I do?
Because if you're, for instance,
a bright young, Rising black coach in the business. Let's
take Aaron Glenn, the defensive coordinator of the Detroit
Lions who,
you know. Is is very widely respected. He's a Parcells
Acolyte
and he is a guy. He's going to get interviewed in New Orleans.
If he hasn't already been been interviewed.
I do think that if one of these coaches basically comes out and
says that about Brian, flurries to me,
it will not only butter strengthen Brian, flurries case,
but it will just basically say we're mad as hell.
We're not going to
Take it anymore.
And you go floors.
The other thing that
I need to mention that will hover over the early stages of
this case. It's one of the defense's that the NFL is
already raised in the lawsuit that was filed in November by
Jon Gruden. And that is the notion that the contract signed
by Brian Flores with the dolphins in early, 2019
contains standard language compelling him to bring any and
all claims that he may have against the Dolphins or
the National Football League or anyone else falling under
Shield to arbitration, that is the move and this has become
very popular over the last 20 years. Big companies want for
a variety of reasons to force cases into arbitration. When
you go to arbitration, you don't have to deal with a jury
that may react, you
know, like normal human beings would to evidence. That makes
people say. I can't believe they did that. I can't believe
they said that they want it to come down to one lawyer or
sometimes you've
Got more than one lawyer that it resolves, these cases in
arbitration. It's far more objective and dispassionate.
You don't have to worry about a runaway arbitration outcome.
They like it for that reason. They also like it because
because what occurs is it all happens in private,
you don't have an open court session at the end of the day
and look the lawyers who represent organizations, like
the NFL will insist on protective orders and other
Imitation commitments that will keep information quiet and
private and secret. It's a lot easier to pull that off in
arbitration and in arbitration if you ultimately have
a hearing it doesn't happen in an open court room where people
can go in and sit and watch and listen and report on what
occurs.
So fight number one, will be
the motion to compel arbitration,
which undoubtedly is coming
from Brian Flores. And we'll see how that
that plays out for him. And Or the league
and from our perspective. Let me ask you this.
Go ahead.
Let me ask you this as somebody who is very, very familiar with
this Arena.
Who,
which side do you think
would ultimately benefit from arbitration?
It's always the company. It's always the business. That's
that's why it's in the contract. If if the NFL didn't
benefit from arbitration,
there would not be in every head coaching contract in every
GM contract in every assistant coach contract and arbitration
clause, and all of those arbitration clauses
and this is where it becomes even nuttier.
They specify that the arbitrator won't be someone on
the outside. It will be the commissioner or his designee.
And maybe this case, maybe the pushback against the effort to
force the Brian Flores litigation into arbitration
will include an attack on the inherent conflict of interest
that the commissioner has in a situation like this, but it's
always the company.
I fought this when I was practicing law, the final ten
years that I did it, and I was exclusively representing
individuals. The company always wants to find A way to force it
in
to arbitration because
David has a much better chance
at beating Goliath.
When a jury of David's
is deciding the case and Goliath wants nothing more than
to avoid a jury full of David's.
Well,
you think then there is practically zero chance that
flurries would agree to have this case
sent to arbitration.
Now he'll fight it. He'll fight it tooth and nail. He'll
absolutely fight it. Now. Now if the NFL were to offer
and I still think he would fight it if they were to say
well we will will use an outside
arbitrator. Somebody who's truly independent who has no
ties to the NFL who has no tentacles back to the NFL, that
would be
a potential compromise,
but I think floor I should stand firm and insist on
on a process that will result
in.
As much light as possible shining on this. And that's
what I was trying to say earlier from our perspective.
Sorry NFL.
I want this all in court. I want this all to play out.
I want the dirty laundry hanging from the line because it's not
just the potential for a massive verdict that is going
to get the NFL to finally change. It is the fact that
when you pull this crap,
it's going to be exposed. You can't just hide it in
an Tration setting where no one's going to have access. That's
what happened. Colin Kaepernick you his case went to
arbitration.
What did we ever see from the deposition transcripts? Are
because part of the deal was when they paid him roughly 10
million dollars and that's become the accepted figure,
everything got wiped away. Everything got expunged.
Everything is gone. That was one of the requirements of the
St. Louis settlement, 790 million and exchange, everything,
everything gets disintegrated. Everything gets burned. These
things.
Never come to light. It's why they settled a concussion cases?
The value to the NFL early on,
never having to testify in open court what was known. And when
they knew it about, the long-term risks of head trauma.
So
the process gets used to conceal the truth
and
we want the truth to come out. That's what we do Peter. We try
to pursue the truth. And the only way the truth is going to
come out for Brian Flores and the case that he's trying to
make is if
it happens in an open court.
Home. And whether he wins or whether he loses, I hope he
gets his day in court, not in the court of Roger Goodell, but
in the court of the southern district of New York federal
court open access,
we all get to sit there. If we want space permitting
and hear exactly what the evidence is.
I couldn't agree with you more Mike to me
another settlement in this case
without the facts ever being heard.
You know, can you imagine
if the if the accusations
he is made in this lawsuit?
I think particularly against Stephen Ross in the Miami Dolphins.
Just imagine if they're left hanging out there
with Ross and the Dolphins adamantly denying them.
I mean this has as to be answered. We need to know
the truth of this,
you know, a Miami Dolphins fan
has to know if his owner if there
if the owner of the team that so many people love
did what floor? He's has accused him of doing
and if so can't be an owner in the NFL anymore.