The Dan Le Batard Show with Stugotz - PTFO Exclusive: The NFL's Secret Collusion Case, Revealed
Episode Date: June 27, 2025Pablo got his hands on the explosive 61-page document that billionaire NFL owners and union execs alike don't want anyone to see. It involves a coalition of competitors, a stunning cover-up, a secret ...slideshow, a shadow election, an MVP's broken phone, text messages between billionaires... and Footnote No. 25. • Read the document (and get a first look at new subscriber benefits) on Pablo's Substack https://www.pablo.show/ • Subscribe to PFT Live with Mike Florio https://www.nbcsports.com/nfl/profootballtalk/pft-live Learn more about your ad choices. Visit podcastchoices.com/adchoices
Transcript
Discussion (0)
Welcome to Pablo Torre Finds Out.
I am Pablo Torre, and today we're going to find out what this sound is.
Isn't the existence of the Management Council in and of itself per se collusive activity?
The mere existence of it is collusive activity in my view.
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I'm vibrating with excitement about this, Mike Florio.
Hello.
For those who can't see this, this fluttering sound is 61 pages of a secret document.
That makes me want to dive right in and not even give your bio, Mike.
My bio doesn't matter. I just want to say this.
One of my major objectives in everything I do in this space
is to find out the things they don't want us to know.
There is very little of the they don't want us to know journalism that goes
on in sports media. And this is something I can tell you Pablo with a high degree of
certainty. They do not want us to know. And I applaud you. A legitimate, not a sarcastic
golf clap. This is a real applause. I'd stand up if I was wearing pants and say
Congratulations, you did it. This document which I will wave again in front of the camera for a second here is
Something that you have been calling for you've been asking for someone to investigate
Even begging it seems like can someone please find out what is in this thing? And now I can say for everybody that yes we have
it yes Mike Florio and I have both reviewed it Mike you've read this thing
yes we can clarify that twice twice I love it I love it and so I just need to
tease a bit of the detail here which is that the core of this document involves
a closed-door hearing held over 10 days in July and August
of 2024, close to a year ago now, that featured witness testimony from the following people.
NFL commissioner Roger Goodell, Ravens quarterback Lamar Jackson, Cardinals quarterback Kyler
Murray, current Giants quarterback Russell Wilson, former NFLPA president J.C.
Trutter, former NFLPA executive director Demora Smith, as well as the billionaire owners
of the Giants, the Browns, the Cardinals, the Broncos,
the Ravens, the Patriots, the Falcons, and the Chargers.
Which is to say, have you ever seen a document
like this before?
No, that's 25% of the league's owners
testifying in that hearing.
I can't overstate how difficult it has been.
I have no idea how you did it.
I exhausted every resource available to me
to try to get this thing.
We teamed up a few weeks ago
and we kind of created a friendly competition
of let's see who can get this first.
You win.
So I love a little friendly competition, especially with Mike Florio, You win.
So I love a little friendly competition, especially with Mike Florio, who is the longtime attorney that's been running Pro Football Talk, the preeminent online clearinghouse for NFL news,
for a quarter century now.
And this secret document is the story of the National Football League Players Association
versus the National Football League,
a case brought by the union before an independent judicial arbitrator,
and it is rooted in a defining power imbalance in American sports.
Because in the NFL, unlike the NBA and NHL and MLB,
NFL teams pretty much never do guaranteed contracts, even for star players,
which is why almost all of the contract numbers that you'll hear are probably fake.
Like, if a team cuts a guy, they don't have to pay the full value of that deal that they
announced.
But what the NFLPA did in 2022 was allege that the NFL's overall aversion to guarantees was
no coincidence. The union argued, in fact, that it was the product of collusion, meaning
that billionaire team owners had illegally conspired with the league office against almost
600 veteran players.
And early in this document, it turns out, we are pointed to a closed-door meeting
that the NFL held in March 2022,
and what subsequently happened
to three-star quarterbacks in particular.
Lamar Jackson, first and foremost,
Kyler Murray, and Russell Wilson,
none of whom received fully guaranteed contracts.
And you mentioned the almost 600.
At some point during this litigation,
this collusion grievance that was filed
under the auspices of Article 17
of the Collective Bargaining Agreement,
it went from three quarterbacks to 594 players.
And that's important because number one,
I didn't know that, I hadn't heard that,
I thought it was three quarterbacks.
You take 594 players,
and if there's ultimately a finding of collusion,
the damages would have been in the billions
if they had won this.
But the Union did not win this.
To be clear, no damages ultimately were awarded,
which is also more or less all the public has ever heard
about this case, until today.
That's a pretty impressive summary of something
that has many tentacles, many ramifications,
many allegations, many truths,
and I think many still unanswered questions as to why.
Why was it a secret?
Why don't they want us to talk about it?
And everybody involved has, I think,
an answer to that question of why.
Yes, and so we're going to find out today,
Mike, Blorio, the two of us, why.
Why the f***? Why the f*** is any of this happening? So we're going to find out today, Mike, Blorio, the two of us, why.
Why the f***?
Why the f*** is any of this happening? So Mike, you may recall, you specifically will recall this vividly, what happened in
March of 2022, which is where this story begins.
Because that is when the Cleveland Browns signed one of the most talented young quarterbacks
at the time in the NFL, a guy by the name of Deshaun Watson, to a record breaking contract. This is a five year, $230 million deal.
And this was despite the fact that Watson,
of course was notoriously enmeshed
in dozens of civil lawsuits having to do
with sexual misconduct,
allegedly stemming from his behavior
with massage therapists.
And that part, that headline,
that's what most sports fans grappled with at the time.
That's what I was focused on is is that part of this but inside and around the NFL Mike the
reaction was different they had a different lead story because it was an
unprecedented guaranteed contract that covered five full years at then market
level forty six million million per year,
fully guaranteed every single penny that had never been done
before in the National Football League.
When you compare what they gave up financially,
draft picks to what they've gotten out of it.
And you throw on top of it the headache it's created,
as will be evidenced by our conversation today,
worst transaction, not hyperbole,
worst transaction in NFL history.
Yes, to quote the owner of the Falcons, Arthur Blank, at the time,
quote, the fact that it's 80 million dollars above the highest contract ever
given guaranteed in the history of the league
that's 102 years old says a lot. Whether or not most teams in the
NFL or any other team would have committed to that, 102 years old says a lot. Whether or not most teams in the NFL
or any other team would have committed to that,
I don't know."
End quote.
They gave this fully guaranteed contract
after two separate CBA negotiations in 2011 and 2020.
And this is in that document as well,
where the NFLPA's position was
they want all contracts to be fully guaranteed. The NFLPA fought for that in both of those negotiations and did not get it.
And the Browns ownership voluntarily gave the thing that the league had collectively fought off.
Now we get to the evidence, right? The evidence for these allegations. And this stuff, which is
revealed for the first time clearly in this document, originated with that meeting of NFL
owners in 2022. But to just walk people who are not lawyers through what happens here is that the
arbitrator, this is an arbitration case, the arbitrator decided to initiate one of the most
terrifying legal processes known to mankind,
the thing that everyone fears when it comes to why or why not we should get into any of
this litigation because that process, Mike, is known as what?
Expedited discovery, allowing the NFLPA to examine records and notes and slides for presentations and emails and
texts and it is an exhaustive process and Pablo I know from my 18 years of
practicing law you have to have a level of discipline and focus as you are
looking at page after page after page because you never know where the needle will be in the haystack.
And bottom line, there were some needles in the haystack that the NFL delivered to the
NFLPA.
And this part takes us to the NFL's big annual meeting in Palm Beach, Florida in March 2022,
a very crucial month in this story, Florida in March 2022, a very
crucial month in this story, as we'll see.
Everyone's there. All of the coaches, all of the general
managers, all of the owners, executives with the teams,
executives with the league, media is there, agents are
there. Making it kind of like an Illuminati gathering that
also has limited press availability.
Which is how a Ravensbeat reporter who was there to cover the looming Lamar Jackson negotiations
got a quote from the team's owner, Steve Bishotti, about the Watson trade that had just gone down literal days before.
And that quote promptly got read on the local news. It's like, damn, I wish they hadn't guaranteed the whole contract.
I don't know that he should have been the first guy to get a fully guaranteed contract.
To me, that's something that is groundbreaking and it'll make negotiations harder with others,
including Lamar Jackson, but it doesn't necessarily mean that we have to play the game.
You know, we shall see. But what I didn't know until
reading this 61-page document is that the very same day that Steve Bishotti gave that
quote in Palm Beach, he had also attended a presentation. A secret slideshow presentation from a shadowy but extremely important organization known as the NFLMC.
The NFLMC is the NFL Management Council and that is the group that ostensibly provides
advice and suggestions to the 32 teams on how to potentially weather these storms, whether
they be temporary or
permanent shifts in the way business is being done. But at all times, at all times,
they emphasize it's up to the individual teams to make their own decisions.
That's what they say. Now, Pablo, I've been doing this 25 years now, and the
unmistakable vibe that I have picked up over the years is what the management council says goes.
And when they give you a suggestion, they're not really giving you a suggestion.
They're telling you this is how business gets done.
And what the expedited discovery would reveal here is that after the Deshaun Watson deal was signed, Commissioner Roger Goodell himself began emailing his general counsel, Jeff Pash,
about specific notes that the NFL MC's 45-minute presentation to all 32 owners should make
sure to hit.
I just want to take you inside the room here for a second if you can imagine it, because
imagine you're going into a presentation.
Your bosses in some regard, the people who are at the front of the room have slides.
There's a PowerPoint deck and these notes, these notes that have been massaged and edited
and deliberated upon by Roger Goodell and his general counsel that have been written into the slides themselves
are the things that they would like the presenters to verbally relay.
For instance, slide 17, quote, if guarantees continue to grow in both amount and number
of players, then there's a risk that they become the norm in contracts, regardless of
player quality.
That not only has the potential to hinder roster management, but set a market standard
that will be difficult to walk back.
Of course, all clubs must make their own decisions, but continuing these trends can handcuff a
club in the future."
End quote. What we're seeing is the effort to send a very clear message to the 32 teams as to how
the NFL, through the NFL Management Council, wants business to be done.
When you do a five-year, $230 million, fully guaranteed contract, that's the canary in
the coal mine.
That's the threat to upend indirectly.
The thing that the NFL has been holding the line on in CBA talks,
oh wait a minute, we fought them off in their effort to get fully guaranteed
contracts and they're just giving it away? We can't have that. And that I think
is the gist of an attempt by the league to engineer a collusive arrangement among
the 32 teams by saying to them, hey guys
You better stop this or we're gonna have a problem And now by the way, we mentioned that Robert Kraft owner of the Patriots was a member of the NFL MC's executive council
He was asked about this by the investigators and Kraft testified quote
He did not recall talking about the growth of signing bonuses
and guarantees at the owner's meeting, end quote.
Falcon's owner, Arthur Blank, testified that he did hear it,
but that quote, hearing the presentation did not cause him to reduce guarantees for his team,
end quote.
Meanwhile, John Mara, the owner of the Giants, testified, quote,
just the thought of me calling Jerry Jones or somebody and asking him not to guarantee
Dak Prescott's contract or somebody else's contract, he would laugh at me.
Among other choice words, I'm sure just the whole notion is ridiculous.
And the thought that I'm going to be influenced by what another owner is saying to me is just
absurd.
End quote. saying to me is just absurd." If you look at John Mayer's quote,
and he has been the president
of the NFL Management Council Executive Committee for years,
why are you bothering to try to herd the cats
if your position is,
I have no interest in trying to herd my competitive cats?
Right?
It should be 32 businesses,
every man and woman for himself
running their own business with no coordination,
no communication.
Here's the CBA, it's for you to figure it out.
So when I see that Mara quote, it makes me say, why?
Why have a management council if your position is,
well, I'm not here to tell other owners what to do.
That's what the management council does, Pablo! Isn't the existence of the
Management Council in and of itself per se collusive activity? The mere
existence of it is collusive activity in my view. Well no Mike, it's guidance. This
is merely suggestion, this is merely... Wait, it's only a suggestion. It's only just
information. Every team has the ability to make any decision it wants.
But the arbitrator to defer to him right because you're you I'm me listen to the arbitrator. The
arbitrator citing even more presentation notes uncovered in this expedited discovery
reached a clear conclusion about this because what he says is quote the NFL MC's message was not purely educational and informational as the NFL contends.
It unmistakably encouraged the owners to reduce the trend of increasing player guarantees.
End quote.
And I will also further note that Roger Goodell had said in that email I was referring to with his
general counsel Jeff Pash that when it comes to the rise of guaranteed
contracts for star players there was quote a big concern end quote I want a
further quote from this Mike Goodell says quote if we wait to see how it
falls it will be too late to counter.
The things that were said on those slides,
the things that were shared at that meeting
were the effort to get the teams
to pick up the fire extinguisher
and not sit there with a cup of coffee and say,
this is fine.
It's the fire dog meat.
This is fine.
This is fine.
The Deshaun Watson contract created the fire dog meat.
I also want to quote another conclusion that the arbitrator drew quote, there is little question that the NFL Management Council with the
blessing of the commissioner encouraged the 32 NFL clubs to reduce guarantees and veterans contracts
at the March 2022 annual owners meeting end quote now I will maybe draw, perhaps, hopefully, an obvious thought, and this was articulated
to me by a union source, quote,
This is almost like the holy grail for the union.
Here's 61 pages of gory details about how the League really works thanks to an independent
judicial arbitrator.
You should be screaming about this from the high heavens."
End quote.
And that really leads to the why.
Why would the union keep it quiet?
Why would you not want to trumpet this outcome to the world?
Why would you not want to let the world know?
We caught them with their hand in the cookie jar.
We caught them.
They just didn't eat the cookies, supposedly.
Well, this is where I wanna clarify, right?
So what the union source is saying is that
for a long time, people have speculated.
Mike Florio has speculated.
This is what I think it's like back there.
But now we actually see in 4K quality,
what's actually happening.
And so what the arbitrator Christopher Droney says,
again, in fairness to the NFL and the legalese
that we're dissecting here,
what the arbitrator says is that he did not find evidence
that the NFL MC presentation explicitly asked the clubs
to, quote, join together in an agreement
to restrict the growth of guaranteed salaries and bonuses, end quote.
The arbitrator also would not find evidence for the overall economic damages that the
union was claiming as referenced, right?
The almost 600 players who had received partial guarantees instead of full guarantees.
The NFL PA's arbitration demand for that reason was dismissed by the arbitrator
in the end, avoiding that almost mind-blowing financial penalty that we were talking about.
But all of this brings us back to the question that drove us together, and that has been driving
you crazy. And the answer to the question of why was this document suppressed? Why was this document suppressed? Why was this document suppressed?
It's not merely the story of the NFL and how it operates.
Because what we have found out is that the entity
that did not want anyone else to see this 61 page document,
maybe most desperately of all,
happens to be the union that filed it in the FIFA Club World Cup.
The world's best players, Messi, Holland, Kane and more are all taking part.
And you can watch every match for free on DAZN starting on June 14th and running until
July 13th.
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So, we're gonna get back to our 61 page map here, and the 3 star quarterbacks, and the secret texts, and emails, and communications in just a bit.
But to get there, I first gotta explain what March 2022 was like at the other end of this
power dynamic.
Because in March 2022, the conspicuously ambitious player who had just been elected to his second
term as president of the NFLPA was J.C.
Treder, the starting center for the Cleveland Browns who had made the NFL out of Cornell
University's highly respected School of Industrial and labor relations. And when J.C. Treder got elected to his first
term in 2020, he had made his understanding of union solidarity extremely clear.
I think there's been a lot of misinformation out there and it's caused some kinds of division and
some kinds of questioning. But I think when everybody's able to communicate
and talk about the same issues, the facts,
I think people get on the same page pretty quickly.
So I think that's gonna be the process
is getting everybody on the same page with the facts.
But in March, 2022, and this was just days after
J.C. Treder was elected to his second term as president,
and just days before
those pivotal league meetings in Palm Beach that we've been talking about, the Cleveland
Browns cut J.C. Treder in order to save money, having just signed Deshaun Watson to that
guaranteed contract which kicked off this entire saga.
And because you need to be an active NFL player to be union president or sit on the executive
committee, this also meant that J.C.
Treader's second term would be his last.
That same month, however, there wound up being an even bigger change at the top of this union,
because the executive director, Demora Smith, whose job
was to sit across the table from Commissioner Roger Goodell as his counterpart, was on the
way out too.
D. Smith was hired in 2009, two years before a lockout that lasted the entire off season.
They needed a guy who would be, to borrow a phrase from the godfather,
a wartime consigliere, a guy who was going to come in and preside over a period of litigation
and hostility and anything but calm waters. So, Demora Smith got that accomplished, took
a lot of criticism for the CBA that was done even though at the end of the day the owners will use the nuclear option of shutting down the full season the
players never will. At a joint press conference outside NFLPA headquarters
Smith was joined by players owners and lead commissioner Roger Goodell. We're
grateful for all the work that both parties did to make sure that we came
to this day today and make sure for the fans that
we can stand here and say football's back. Then we get to 2020 when the 17 game season was a reality
and I think D understood they're going to do the same thing all over again. They're going to lock
us out and they're going to wait till we cry uncle and we're only going to cry uncle because we don't
want to lose any game checks so they agreed to 17 games but it was such
a close vote it left him diminished on the back end. So you see the discrepancy
right there a vote difference of about 60 that's how close it is but simple
majority in this particular case wins and so the NFL now gets labor piece for the next 10 years
through the 2030 season.
And that's what I believe resulted in this process
of D moving on and a new executive director being hired.
And an executive director of the union,
to be very clear about this,
is simply put one of the most important jobs in sports.
This is a multimillion dollar salary.
There haven't been many of them, right? I mean, Gene Upshaw did this for a quarter century, right?
Like these are towering figures if you do it right. The person who took control of the search
for D Smith's replacement, the same month that all of this was happening, by the way, the same
month, March of 2022, was JC Treder. And I remember you covering this, Mike, at the time, just me reading you, because this
search process for the new executive director was different.
It was in complete and total secrecy.
We had no idea who the candidates were.
And there had been occasions where it's looked like the debate stage in the early portion
of the primary season
with that many candidates involved, and everyone knew who they were.
And the stated reason for it was,
we don't want the media to try to influence our players.
Assuming the players are even paying attention.
We found out about Lloyd Howell after it was over.
So, JC, awesome. It's yours.
First off, I want to congratulate Lloyd, our next executive director.
Lloyd Howell, the new executive director who they elected, the way they got Lloyd Howell,
he actually explained it, JC Treader did, in a post on the union website that we found
that was literally titled, Trust the Process. And. Treder said, quote, All members of our search committee
signed confidentiality agreements and pledged not to discuss the search with anyone outside
of executive sessions. End quote. And this was something, by the way, for people who
were paying attention at the time, this was something that J.C. Treder wound up expanding
upon publicly actually in an interview after Lloyd Howell got elected
with none other than ESPN host Pat McAfee. So this process is really going on since March of 2022.
We went out and hired a search firm, Russell Reynolds, who was wonderful to work with,
but we wanted anybody who felt like they should be the next executive director to be able to apply
to put their hat in the ring. Which led Pat McAfee to I think a pretty reasonable follow-up question about the
open casting call that J.C. Treder had described in which other candidates, other people, were of
course totally welcome to run. I had not heard of it and I'm not even talking about me in this
particular case. There's probably other people that did not hear it as well maybe that were
executives who had thought about it or is that not the case?
And I'm not saying I would run a run.
I'm just saying I feel like we're pretty dialed into the NFL, into everything going on with
players and we had no idea was happening.
But you guys are saying that the people that needed to know that it was happening did happen
and everybody was able to keep it tight.
That's an incredibly impressive thing in 2023, JC.
Yeah. So one thing in 2023, JC.
Yeah, so one thing, yes, you very well could have applied.
So we, in I believe it would be November, we put out an open inbox where anybody could
apply.
I never heard anything about any open inbox.
I never knew that they were accepting applications from anyone and everyone who was interested.
The whole process was unlike anything I've witnessed as it relates to any organization.
This is a labor union whose financial affairs are the subject of public reporting.
There's an openness that is implied in all of this that was just completely absent.
And it gets back to the ultimate question
that we've been asking as it relates to this document.
Why?
Why is everything a secret?
Why all of a sudden are the union leaders
operating in shadow and not in sunlight?
Yes, and so this strange contradiction
between communication and confidentiality is just one red flag
that I wanna point out here,
because it's not even the reddest one,
because something else the union did
in the middle of J.C. Treader's
very deliberate vetting process,
the process he wants all the players to trust,
involved an amendment to the union constitution.
Because I went into the way back machine the Internet
Archive and found the original version of the NFLPA Constitution which has
since been taken offline entirely of course and I draw your attention to
article 4 part 4.04f because before the Board of Voters needed to know the
identities of the candidates for executive director that they would be
voting on quote no later than 30 days prior to the start of the board of play representatives meeting at which the
selection is scheduled to take place, end quote. Pretty standard, right? 30 days, the
voters then vet, they can qualify who deserves this very important job. But what the amended
version of that same section says now, post JC TreadC. Treader's regime, is quite different.
It says that the voters didn't need to know the names of the candidates they would be voting on
until, quote, the start of the board meeting, at which the term of the sitting executive director
is set to expire, end quote. No opportunity to do any research, no opportunity to vetting,
no opportunity to caucus with individual members, to just
get an understanding of who these people are.
The entire process was engineered and it makes it feel like it was engineered toward a specific
handpicked candidate.
That someone somewhere decided this is where it's going to end. How can we most effectively work backward to ensure that it ends here and hope that
at the end of the day, they just accept our recommendation and that we can, we can muscle
them toward where we want them to go.
And by the way, JC Treder does seem to implicitly acknowledge that a structure in which the
voters don't vet and qualify the candidates
is a little peculiar. I know some people say the board needs to vet and qualify.
That's not the board's job. The board's job is to interview and pick the best. Our job was to vet
and qualify as an executive committee because we were never going to have 570 hours to give to the
board for them to have time to vet and qualify. That's why we put all the time in and all the work. And
in the end, the board picked an awesome, an awesome new ED.
And as for that awesome, awesome new ED, the executive director that the board of voters
chose after not having any real idea that said guy even existed, of course, until they
entered that room to vote. We should note here that Lloyd Howell
would introduce himself properly to the public
at his first press conference
after being handed the mic by J.C. Treder,
who was the only other person at the table
sitting right next to him.
Thank you, J.C.
And I couldn't be happier and more proud and honored
to be the next executive director of the NFLPA.
You know, many of you do not know me because
of my corporate experience and being
sort of outside of the world of professional sports.
But what I'm really excited about
is the desire of the NFLPA to tap me, select me
as their leader, to really draw upon my 34 years
as a corporate executive and
bring all of that insight and experience to the priorities of the players' interests.
And Mike, there are a couple of really important things top line to just know
about who Lloyd Howell is and the corporate experience he was referencing
there because from 1988 to 2022 Lloyd Howell was the chief financial officer
at Booz Allen, which is the giant
consulting firm that I think works a ton, a ton with the U.S. government.
But I will also point out that Lloyd Howell, coming from not sports and not unions, isn't
even the reddest flag here.
Because the reddest flag, I might argue, that was sticking out of the resume of Lloyd Howell,
the longtime Booz Allen CFO, is that less than a month after that press conference video
we played for you, this takes us to July of 2023, Booz Allen agreed to what one federal
prosecutor declared, quote, one of the largest procurement fraud settlements in history.
End quote.
This was a $377 million settlement
in order to resolve a set of explosive financial allegations
that were brought on by a whistleblower at Booz Allen.
Booz Allen works almost exclusively
with the U.S. government.
And they have a ton of contracts
with Department of Defense.
She says she quickly realized the company's other contracts, some with foreign governments
like Saudi Arabia, were bleeding cash.
And in order to keep the company profitable, they were passing those costs onto the US
government contracts.
So these private contracts, including with foreign governments, are losing money.
And to cover those losses, they're taking money from the American taxpayer.
That's right. And it was a lot losing money. And to cover those losses, they're taking money from the American taxpayer.
That's right.
And it was a lot of money.
What I discovered while I was there
was that they were overcharging the government
by nearly a hundred million a year.
And so this whistleblowing Booz Allen employee,
who happens to be a principled former Marine
named Sarah Feinberg,
what she did was go right to her bosses to warn them
about this financial and legal and ethical disaster.
Feinberg started by telling the group
that fixing the issue would mean losing money.
But she says she was quickly cut off
by the chief financial officer who told her,
I appreciate all the work you've done on this.
We are not going to make it a priority this year.
That must've just been devastating for you.
It was very devastating for me.
I called my husband right afterwards then
and told him I was quitting my job.
And the thing you should know here, Mike,
according to an unsealed copy
of Sarah Feinberg's civil complaint
that we here at Public Torrey Finds Out have obtained,
is that the CFO who she referenced there,
who caused Sarah Feinberg to quit her job in protest
and officially register as a whistleblower with the U.S. government,
just happened to be J.C. Treader's excellent, excellent new ED, Lloyd Howell.
An unbelievable development. And it does make you wonder if, as part of the vetting process, they were even aware of it,
if it changed anything, if they properly went down the rabbit hole, reviewed the complaint
where Lloyd Howell is directly implicated in communications with the plaintiff.
Yes, how much did they know?
How much did they bother to uncover?
And how much were they bothered by any of this and how much of it did they share?
after they had pre vetted the candidates and
Submitted them to the board of player representatives simply for interview and selection
Yes, JC Treder touting over and over again how much time 570 hours they spent vetting this did not apparently
Make a difference if they knew about it.
But what Lloyd Howell proceeded to do after getting elected to that job,
the executive director of the NFLPA,
was somehow even more eyebrow-raising now given this context, Mike.
Because he didn't merely give a contract to an extremely ambitious and very strategic
and now officially retired Brown's offensive lineman,
who couldn't otherwise get paid to work for the Union on the books,
because of course he couldn't be the president anymore.
What Lloyd Howell did was create an executive level job that had never existed before
in the history of this Union, and the title was Chief Strategy Officer.
And I don't know if people are ready for this reveal, but the person he gave it to, Mike,
was J.C.
Tredder.
When I first caught wind of that, I couldn't believe it.
And when we wrote it up at PFT, and I try to maintain a good relationship with the league,
with the union, sometimes it's easier than others, but I wasn't going to
sugarcoat it. This felt like a quid pro quo. And with all of the secrecy, and that is one
of the consequences of operating in shadow, you invite people to ask the fair question,
why are you operating in shadow? So it did feel like payback. It did feel like the mutual back-scratching final act
JC Treder got him the job and now Lloyd Howell gets JC Treder a job
Right and so the long-term strategy here to spell it out even further that four union sources have independently identified is pretty simple
JC Treder the theory goes wants to become the executive director of the NFLPA himself. But he couldn't do it
back in March of 2022, where our story had started, let's recall
because of the timing of everything, everything we've
discussed. But that timing did give J.C. Treder a chance and
opportunity to install his chosen bridge candidate, right?
Someone he could strategically influence as per the job description
until it was time for J.C. Treader to fulfill his chosen destiny
and win one of the biggest and most important jobs in all of sports.
But as for how all of this now connects us back to the 61 page document
that we started with, Mike,
that is after the break.
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Uh, excuse me. Why are you walking so close behind me?
Well, you're a tall guy. You throw a decent shadow when I'm walking in it to keep out of this bright sun. It hurts my eyes.
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Sounds great! Where's the nearest store? Not far, come on. Let's hurry then! To my count! 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2,, when it came to the question, Mike, of whether
NFL teams actually acted on this scheme to, quote, reverse the growth trend in guaranteed
compensation, end quote, what the arbitrator chose to do was look closely at the cases
of the aforementioned three star quarterbacks Lamar Jackson, Kyle DeMurray, and Russell
Wilson.
And I should note here that according to the arbitrator, mere attendance at that March
2022 meeting in Palm Beach, quote, does not mean that the clubs gave adherence to the
scheme, end quote.
But the arbitrator did still discover unprecedented and I would say, fascinatingly hidden details
about what each of those three cases were like.
And I want to start with Lamar Jackson here
Not just because he's the biggest name the two-time MVP
But because we have this private text message and now we're in the private text message zone
When it comes to these stars because according to the document Lamar Jackson had sent a text to Raven's general manager Eric de Costa
quote
I'm going to continue to request a, and this is in all
caps, fully guaranteed contract.
I understand you all don't and that's fine.
End quote.
That was Lamar Jackson, who again, by the way, his mom is his agent.
He's kind of representing himself.
His family is this eventually led Lamar Jackson to refusing different contract
offers from the Ravens and then requesting a trade as NFL fans might recall and then claiming and this is
one of my favorite details in this whole thing amid these stalled negotiations
that quote the microphone on his phone was not working making communications
with mr. da Costa difficult end quote that is such a compelling piece of information we never would have had.
And that's the one thing I didn't expect to be in this document, mainly because I hadn't
bothered to think what all would be in there.
I was so obsessed with getting my hands on it.
What's in it was a different issue, but insight into the drip, drip, tick tick tock of these negotiations.
What was said, what was texted, what happened?
And we had known that from the perspective of the Ravens,
dealing directly with Lamar Jackson at times
had been challenging, dating back to the pre-draft process.
And now we're hearing that Lamar Jackson
was having trouble communicating to the Ravens
because there was something wrong with the microphone in his phone.
Yeah, is this the I couldn't go on the date with you because I was washing my hair excuse?
Was this an actual technological problem?
Either way, we're getting inside of what the Ravens and Lamar were thinking to a level
of just again, transparency that raises so many more questions.
But what the arbitrator had found with the Lamar Jackson case
was that, quote, only a couple teams
expressed interest to the Ravens
before they chose to non-exclusively franchise tag him.
Again, as NFL fans will recall.
And that meant that the Ravens could still match
any incoming offer Lamar Jackson received.
But, quote, afterwards, no team reached out
directly to Mr. Jackson, end quote.
And Mike, you know, at the time, I remember thinking this, um, now I, I continue to just
wonder about it.
No team reached out directly to Lamar Jackson, two time MVP when he's on the block.
Wow.
What does it feel like to get a piece of information like that?
It felt like the encouragement to collude
that was introduced in March of 2022
by the management council to the owners,
it felt like a tangible example
of what happens when collusion occurs.
And I thought it was surprising
To see the lengths to which the arbitrator went to credit the various excuses that were provided as to why team weren't interested
He has a playing style that doesn't fit with all teams
He gets injured a lot which is what Arthur Blank the owner of the Falcons articulated
It it creates a problem with your current quarterback if you decide you're going to go all in in
a pursuit of Lamar Jackson.
It would be really expensive.
You'd need to maybe do a fully guaranteed contract.
That's another reason to not contact him.
And he goes on to become the MVP.
And I voted for him to be the MVP in 2024.
And no one, once that franchise tag was applied, was interested.
And it becomes circumstantial evidence
that the message set during the fire dog session
in March of 2022 was being acted upon.
And the arbitrator in this case seemed to believe
that litany of excuses that was documented
in this 61-page file.
And he also, also therefore ruled in favor
with Steve Bishadi, the Raven's owner,
who I'll remind you had a bit
of publicly volunteered insight.
Damn, I wish they hadn't guaranteed the whole contract.
Ha ha ha ha ha.
But this is where I should just jump in
to point out why a certain cynicism about not
only Steve Bishadi's quote there, but also arbitration's overall incentive structure,
is also warranted here, in general.
This is all negotiated in the CBA.
Article 15 sets forth the various rules that apply to the selection and retention of the
system arbitrator,
and that's what Christopher Dronie's role was.
And that role, by the way, is one person's job.
The kind where there is a press release announcing that Christopher Dronie,
this noted retired federal judge, has been hired by the NFL and approved by the NFLPA
to make a ruling on their disputes.
The way it works, there's a term that's served by the arbitrator and either side at
any point can say once this term is up that person is out. And I hate to be this
cynical but this is the way the world works. If you're in a situation where
either side can pull the plug on your job, part of your assessment beyond the
facts of the case, it's the dynamics. Who wants to win this more? Who wants to win
more? And if you get the impression the union isn't nearly as zealous about this
because there's been a change in executive record, but the owners are
extremely intent on this, that can be just a change in executive record, but the owners are extremely intent
on this. That can be just one of those factors and cause you to pick a path of least resistance
and maximum security in this position that he presumably hopes to keep.
And so a through line through this entire story, in the writing of player contracts,
and in the system of arbitration, and in the operations of both contracts and in the system of arbitration and in the operations of both the Union and the League is incentives. What is everyone
incentivized to care about the most and why? Which is all to say that as you may
recall at least one NFL owner Arthur Bl Blank, owner of the Falcons, chose
to keep a player named Desmond Ritter, a quarterback who currently isn't even in the league, instead
of calling Lamar Jackson's purportedly busted phone and making an MVP an offer.
Kyler Murray.
Okay, I want to move to him now because in March of 2022, after the Deshaun Watson contract
was fully guaranteed, Kyler's agent, Eric Burkhart, sent a new proposal to the Arizona
Cardinals, Mike.
According to the document, quote, a fully guaranteed contract was very important to
both him and Mr. Murray.
And Mr. Burkhart believed Mr. Murray was better and more deserving than Mr. Watson."
But after the Watson contract news and before the March 2022 owners meeting we've been talking
about endlessly now, the owner of the Cardinals, Michael Bidwill, he shows up in the story
because he already texted his general manager about Kyler's contract saying,
He had already texted his general manager about Kyler's contract saying, quote, We are going to load up this contract with so many incentives to earn the real money.
End quote.
And in July of 2022, after the Cardinal did exactly that,
a brief but unforgettable private text exchange between Michael Bidwill
and the owner of the Los Angeles Chargers,
Dean Spanos, took place, according to the document. And Mike, I would just like us to
read this exchange together. Let's do a table read of this, Florio, because I need you to play the
role of Chargers owner, Dean Spanos, and I'll be Cardinals owner, Michael Bidwill, if you please.
Congratulations on signing Murray.
Thanks, Dino. These QB deals are expensive, but we limited the fully guaranteed money and have some pretty good language.
Thankfully, we have a QB that's worth paying.
Your deal helps us for our quarterback next year.
I think many teams will be happy with it once they have a chance to review.
Cleveland really screwed things up, but I was resolved to keep the guaranteed relatively
quote low unquote and see. Like what a gift. It's the collusion in action. It's the encouragement
that was communicated to the teams, owners and other executives in the room in March of 2022 come to life.
They're all watching this. And if we can hold the line, then we can say Deshaun
Watson is an outlier. Deshaun Watson is an aberration. Don't ask for a five-year
fully guaranteed contract because you're not getting it. And what I'm left
remarking upon here,
I suppose, is that regardless of the arbitrator's decision, if you were the NFLPA, I think you'd
want that text exchange between Michael Bidwell and Dino to be public. It's just, again, how the
sausage is really made. And to your point, the sausage here is not merely Kyler Murray's contract.
The quarterback that Dino was referring to was his own quarterback Justin Herbert who signed his own
deal the following summer without the guarantees they wanted with Kyler Murray as his new cop.
And think back to the quote you read from John Marra earlier about yes they would laugh at me
if I tried to tell them how to do business.
And here they are locking arms and red-rovering any and all agents or players that would try
to bust through this coalition of competitors.
And that's the balance they try to strike.
And I say baloney on any of these vast explanations and proclamations about why they wouldn't try to compare notes and work together?
Because they do!
And that brings us, last but certainly not least, to the story of Russell Wilson.
And Mike, the part of this story here, you know, the last quarterback in this trio,
the most interesting part to me is not that Russell Wilson had requested quote a seven-year fully guaranteed contract upon being
traded to the Broncos from the Seahawks in 2022 and did not receive that and
thought he was getting it and thought he was getting it that's right but I don't
think that's the most interesting part and I also don't even think that the most
interesting part is the fact that the new co-owner of the Broncos, Walmart CEO
Greg Penner, forwarded Denver's final contract offer to Russell Wilson to two of
his fellow members of Broncos ownership with the following message, quote, if we can get
this done, Broncos general manager, George Payton, feels very good about it for us as
a franchise and the benchmark it sets versus Watson for the rest of the league
End quote and again Mike here is the Broncos ownership celebrating what's good for them, but also for their competitors. That's
So clear to me in this expedited discovery
Yeah, they want to walk through the door as an ownership group that is
regarded as one that understands how to play the game. What they see as good
behavior because they belong to this larger group is fascinating, it's
illuminating, it's also again absolutely newsworthy I would say, but the most
interesting part of all of this to me
happens to be a footnote. It is a footnote in this document, specifically
footnote number 25 on page 33 if you'll open your miscellette mic to this to this
area, because in my reporting I've been repeatedly told that this is one
quote-unquote very significant reason
That explains why the fuck would the NFL PA?
Try so hard to keep this document
fascinating illuminating newsworthy
so secret
So Mike, can you please do me a favor read footnote 25 which has to do with a character. We now know very well
NFLPA Chief Strategy Officer J.C. Treder. Mr. Treder testified that he would not have
criticized Mr. Wilson if he had known that owners had a collusive agreement to
limit guaranteed compensation. And so, more detail, according to this document
this concealed arbitration
ruling in a landmark NFL collusion case, it was discovered that J.C. Treader, quote,
exchanged texts expressing frustration with Mr. Wilson's non-fully guaranteed contract, end quote.
That is what Footnote 25 is tied to, J.C. Treader's private critique of Russell Wilson,
who didn't get the fully guaranteed contract that the union wanted him to get.
of Russell Wilson who didn't get the fully guaranteed contract that the union wanted him to get. And the answer to what J.C. Treder said that he wanted suppressed, according to this theory,
is at least partly contained in a separate document.
The transcript of a text exchange from July 8th, 2024, which was filed as part of this whole legal proceeding.
And what I can now report is that J.C. Treder
in a series of text messages that he sent
to then executive director of the union, DeMora Smith,
repeatedly insulted Russell Wilson.
At one point he used an expletive that I will not say here.
J.C. Treder also called Russell Wilson a quote unquote,
wuss.
And then he said of Wilson, quote,
instead of being the guy that made guaranteed
contracts the norm, he's the guy that ruined it for everyone. End quote. So I'm not like falling
onto my fainting couch because someone made fun of Russell Wilson, which happens a lot on the
internet, um, in fairness. But what four union sources believe is that J.C. Treder,
this once and future leader in his mind of the NFLPA, didn't want to be publicly documented saying
this stuff about one of his fellow members. If J.C. Treder is privately trashing players,
the question is whether players can still trust his process, as that headline of that
article he wrote for the union website had said.
But is it reason, is it proper reason to keep this information from agents, players, people
who could take this and parlay it into something that would be
good for all players.
And if nothing else, put the league on the defensive and make them be more careful and
make them not attempt to collude and not actually collude at these management council meetings
and maybe take a step back and ask themselves, should we even have a management council because
everything we're doing here is kind of collusive.
By hiding all of that, if it's true,
that it was just done to protect J.C. Treader
from having to deal with the blowback of saying
what he said about Russell Wilson,
that in and of itself to me is inexcusable if that's true.
And so there's another bit here, Mike,
in terms of like the, the, the
power play, because maybe even more pressing than what this does to the odds of JC Treader's,
you know, future dream job is what this quote actually meant in the context of this real
life collusion investigation. Because what I'm told is that the owners actually used JC Treder blaming Russell Wilson as evidence of non-collusion.
Because what JC Treder is saying there to be very clear about this is that the
reason Russell Wilson didn't get a fully guaranteed contract is because he's not
smart enough, not strategic enough to push hard enough for it.
And not because the owners were colluding against Russell Wilson or Lamar Jackson or
Kyler Murray or the players.
J.C. Treader was blaming the player instead of the owners and the owners were like, this
feels like a very helpful bit of evidence for what we're trying to prove, which is that
this case should be dismissed. And by the way, not unrelatedly, the case ultimately was.
And so now we follow the map to the question we started with, which is why the cover-up?
A bunch of different reasons are very plausible and logical.
But the larger context here, again, is that NFL owners, of course, wanted this to be suppressed
because they're entering, soon enough, another set of collective bargaining negotiations around their own Holy Grail,
Mike, which is the 18th regular season game.
And this is what an NFL PA source told me, quote, if the league wants an 18th game, this
document should be paying dividends for the union for the next 20 years.
But the really bad part is that you have a fiduciary duty to the players.
You're supposed to warn them and their
agents about what the NFL has been doing and they, the players, haven't even seen this."
End quote. Which brings me, Mike, to a pretty startling thing that kind of got lost when I
was reading through this the first time and doing reporting around it, which is that as much as this
is a story about Russell Wilson, Russell Wilson has never read this document. Lamar Jackson has never read this document. Kyler Murray
has never read this document. This is not merely keeping the media away behind
locked doors. This regime is failing to communicate with their own membership.
But I think when when everybody's able to communicate and talk about the same issues, the facts,
I think people get on the same page pretty quickly.
So I think that's gonna be the process
is getting everybody on the same page with the facts.
And that was one of the pathways, Pablo,
that I was following in my effort
to win the race to the 61 page document,
stirring up the camps
of the individual quarterbacks involved
to make them curious about why they didn't have this document.
And one of the individuals I communicated with was like,
you mean there's a written document?
It's not as simple as when you lose,
there's a written document that goes into detail,
but nobody got anywhere.
And before you found it, what I was going to try to do was get
an agent that has a decent collection of players to demand it so that agent can use it to best
represent his or her roster of clients. I was getting nowhere. No one wanted to rattle the cage,
and if they were rattling the cage, they were getting nothing from either the
league or from the union. So the fact that you got it shows it
wasn't impenetrable, but it was as damn close to impenetrable as
anything I've encountered in 25 years of doing this.
But also I encountered that resistance. This was double secret probation
stuff from everybody. There were lots of people, Mike, who normally talk to me who were like,
nope. And that, that only, of course, that only emboldened both of us.
So this is where I do need to jump in here to say that we here at Pablo Torre Finds Out
did reach out to J.C. Treader and to Lloyd Howell, both of whom declined to comment,
through the NFLPA, when we asked about both the secret arbitration hearing and also how
they got their current jobs in the first place.
Now, when it comes to the characterization of Treader's long-term ambition to become
executive director, and of his installation
as chief strategy officer as a quote-unquote quid pro quo for Howell getting his job, what
a union official told us in defense of that move is quote,
Let's remember that the board of player representatives chooses their leadership.
They vote.
End quote.
And when we then ask the union whether Howell had been properly vetted, given the whole
Booz Allen scandal, that official cited, quote-unquote, the reputable search firm that they had hired.
But as for the whole Russell Wilson thing, we also asked the union if Treder had tried
to block the release of the arbitration ruling in part because of comments he had made about players, and a union official declined to comment.
Another person, by the way, who declined to comment was my friend Dominique Foxworth,
a former NFLPA president and true believer in the union who actually was a candidate for the
executive director job that Lloyd Howell ultimately received. But Dominique got eliminated midway through that confidential search process.
And then, very annoyingly, he eliminated himself from my reporting process as well.
And that's about it in terms of the comments, because the union really wouldn't say much more
on the record
other than its official telling us, quote, grievance rulings are typically not released, end quote,
when we pressed about why this one had not been made public.
And so I guess I am just left here rewatching that video of Lloyd Howell from his introductory press conference,
where he makes a pledge to bring everyone together.
It's going to be my sole mission to advocate and push
and lead and drive what is in the interest of the players.
And just that mission, what I found out today, Mike,
near the end here, is that in all of these texts and emails
and discoverable details between NFL executives
and NFL owners, the other word for the collusion
that this arbitrator found between NFL executives
and NFL owners is one that the union is, I think,
chasing, solidarity.
That is another way of seeing the story is that the union could only dream of the solidarity
that the NFL owners have been practicing behind those locked doors this entire time.
And only now do we see it.
But my God, this is why the power imbalance looks the way it does.
And a source with direct knowledge of the dynamics of the union told me earlier this week,
this is not a good time for the union, for a variety of reasons.
One of which is you've got what very well may be the last contract negotiated by Roger Goodell,
the last contract negotiated by Robert Kraft, the last contract negotiated by Jerry Jones, the last contract negotiated by Art Rooney
the second if we do another 10-year deal and they have an opportunity now to
really reset the entire balance in their favor and they're already talking about
the Commissioner gratuitously volunteered that during the most recent round of ownership meetings in May of
this year they spent a lot of time talking about the financial aspect of
the collective bargaining agreement, the salary cap. Is it working? I firmly
believe that they've decided cutting the dollar in half, we're giving them too big
of a piece of the pie. We can give them less money. And at the end of the day,
one side will operate the nuclear option,
the other side won't.
And I think the storm clouds are kind of slowly gathering.
All the more reason for the union to take this finding
and use it to fend off the lions,
use it as the chair that the lion tamer would use
to keep them from doing what
they may be planning to do. So in context, the idea that the interests of the union,
the interests of the players would be put behind the interests of those who lead the union.
Let's just see what happens now that it's out there.
This has been Pablo Torre Finds Out, a Metal Art Media Production. And I'll talk to you next time.
