Ezekiel Elliott apparently willing to serve at least four games

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In theory, the lawyers representing Cowboys running back Ezekiel Elliott could have tried to pull one last rabbit out of the hat, in an effort to help Elliott get back to the field as quickly as possible while the litigation regarding his six-game suspension continues. By all appearances, Elliott will be accepting the suspension, at least through the next hearing in his case, which is set for December 1.

It means that Elliott will miss at least the next four games, since the Cowboys play not on Sunday, December 3 but on Thursday, November 30. It will mean something far more important, if Elliott eventually wins his case.

If Elliott eventually wins his case, it will mean that Elliott will have been wrongfully denied the chance to play in at least four games, with no way to fix it. Which considerably raises the stakes for the NFL in the ongoing litigation, since a win by Elliott will make the league look even more heavy-handed and unfair.

Take a step back and consider how these disciplinary cases work. The NFL issues a suspension. Then, the NFL allows the player to keep playing which he appeals the suspension. Indeed, the NFL never forces a player to miss games before his internal appeal rights have been exhausted.

But once the internal appeal rights are exhausted, the NFL vehemently refuses to respect the possibility that the player may have viable external appeal rights. Which, to use a technical term, if effin’ nutty.

The league could claim that it regards the external appeals process in the Elliott case as meritless or frivolous or whatever. But here’s the reality: THE NFL FILED THE CASE.

To put it another way, the league initiated the current external process that will resolve whether the suspension is valid, but the league refuses to let the player play while that process is pending.

The league could argue that it filed the lawsuit only because Elliott previously filed a lawsuit in Texas. But Elliott filed the lawsuit in Texas in part because he knew that the NFL would do exactly what it did in the Tom Brady case: Invoke an external process to validate the suspension, but also refuse to let the player play while the process unfolds.

Again, what’s the harm in letting the player play while it all gets worked out? It’s fair to the player, and it’s not unfair to the league. If the league eventually wins, Elliott will miss the six games in 2018.

The problem, of course, is that letting the player play after flagging him as a domestic abuser undermines the protect-the-shield P.R. objectives that drive the whole process of investigating and punishing players who have not been arrested or formally charged. So the NFL, for the same reasons it will reach a conclusion about a player without a fair and proper internal process, will suspend the player without giving him a fair and proper shot at challenging the fair and proper internal process externally.

Why this approach? It’s because the NFL realized in the Ray Rice case that anything other than shooting first and never asking questions later could jeopardize not only the shield, but also the $40 million-per-year sheriff who wears it.

49 responses to “Ezekiel Elliott apparently willing to serve at least four games

  1. Everyone not wearing fan goggles knows he’s guilty. This is all about escaping punishment. Find some loophole … some technicality.

  2. The NFL can’t win on the issue of domestic violence. If they wait for due process or follow the justice system’s lead, they are called too soft on domestic violence. If they enforce a zero tolerance policy, they are called heavy handed.

  3. Might as well say you will sit so many games.
    Not sure your opinion is being considered, however.
    Still not clear if the suspension was for something before he entered the NFL or the last smooth move on his part.
    Suggest keeping your mouth shut and keep training.

  4. With all the lack of evidence against Zeke, and ole Rog going against his lead investigator, I truly hope Zeke wins this case and the NFL is made to look like fools in the process. Them looking like fools, would certainly be nothing new…….

  5. Any trial lawyer will tell you that the real truth comes out upon cross examination of the witness. In this case the witness was not cross examined by a Zeke Elliot lawyer, which denied him of due process. When all is said and done, I think Zeke wins the case but loses 6 games and tarnishes his reputation.

  6. So now that things are looking bad for him he is willing to negotiate? I think you lost most of your leverage bud…

  7. He had half a dozen chances before NFL did anything, thanks to Gooddell and his twisted version of Justice. Payoffs, don’t really count as crimes, because they didn’t happen?

  8. the elliott – less dall slide starts this wk with a close loss at atl.

    eagles have just been handed the nfc east

    dall if they’re lucky will get a wc

  9. So you are willing to take 4 games but previously proclaimed that you are not an abuser? Best thing to do is “not do the crime” and then you are never in this spot. So many athletes are good people and it only takes a few bums to tarnish them.

  10. Any logical system would delay the suspension until all legal appeals are exhausted. The reasoning is simple. The league’s sole interest is that the suspension is served. When the suspension is served is irrelevant.

    On the other hand, a player cannot recoup any games missed by serving what is ultimately determined to have been an improper suspension. On situation has a logical conclusion, one does not.

  11. “ZEKE apparently willing to serve at least four games”

    Kinda funny how the mighty have fallen before it was bigger than this but after exhausting the majority of his resources he sure is changing his tune. From him proclaiming innocence at the beginning and now being willing to serve 4 games is a clear sign of a guilty man.

  12. There should be no external appeals or external anything. It’s a league issue which should be handled 100% internally. The CBA is very clear in stating that the commissioner has the ultimate power to make these decisions. If players don’t like it they’re free to find a different line of work

  13. No evidence he assaulted her and all anybody who thinks he’s guilty can come up with is metadata and pictures which only prove she had bruises not where she got em or bringing up her intake interview which much like the pictures are a matter of her credibility which takes a huge shot when there’s text messages telling her friend to lie and several witnesses who confirm she lied and text messages and voicemails to Zeke stating her motive for lying. Or they bring up the quote from the prosecuter saying he believed something happened but doesn’t believe it happened how she said it did or on the night she said it did. How much sense does that make? Some people hear that and file it away as “proof” that Zeke’s guilty. I hear a prosecutor who doesn’t wanna say she’s an overall liar as it may only serve to make actual victims of DV afraid to speak out for fear they’ll be labeled liars too. He’s innocent plain and simple

  14. Who knows, right? But if I’m Elliot and I’m dying on this hill, I’m filing a $100,000,000 defamation suit against the NFL.

  15. The number of appeals is rediculous, murderers usually only get one. This is not a legal right or wrong it’s a league right or wrong and he failed.

  16. The funny part is still Jerry Jones saying the Cowboys have a Zero tolerance against domestic abuse after hiring Gre Hardy. He deserves the suspension on Jones lies by itself.

  17. Damn I am glad the NFL front office isn’t every police officer. Shoot first and ask no questions certainly lends to your side always being right if the other side doesn’t have the ability to defend themselves.

  18. vikingsvoice says:
    November 11, 2017 at 11:17 am

    The NFL can’t win on the issue of domestic violence. If they wait for due process or follow the justice system’s lead, they are called too soft on domestic violence. If they enforce a zero tolerance policy, they are called heavy handed.
    —————————–

    You know, the NFL probably would win, if only they would properly suspend the confessed and confirmed domestic abusers, like Ray Rice and Josh Brown, and not improperly suspend the ones where no credible evidence of domestic abuse exists, like Ezekial Elliott.

    Of course, being grossly incompetent on the first two necessitated further incompetence on the third.

  19. mrbiggstuff says:
    November 11, 2017 at 11:10 am
    You know the best way to not get suspended? Don’t hit women.
    ——————–
    Where’s your proof? Police don’t have it. DA doesn’t have it. NFL doesn’t have it. Do you?

  20. Dual, NFL does have proof. They also have an eyewitness to the injuries. The police and the District Attorney basically declined to make Zeke their problem and dump it on the NFL. They saved their organizations a lot of time and money. Zeke is not new to the domestic violence rodeo, what is new to him is he is being held accountable.

  21. “Everyone not wearing fan goggles knows he’s guilty.”

    Guilty of what pray tell? The legal system found no merit in the woman’s claim. What they did find was –

    – Text messages from her to Zeke threatening him with extortion for sex tapes she made without his knowledge and conspiring with a friend to do so
    – Text messages from her to her friends asking them to lie and say they saw him attack her
    – The bruises she showed the police were caused by a bar fight she was in with another woman a day or two prior to claiming Zeke attacked her

    What the NFL’s lead investigator found was –

    – There was no credible evidence he attacked the woman, said finding not only being ignored by Goodell and his cronies but buried by them until she came out publicly about the fact

    You would have to be wearing fan goggles of a team that is a bitter competitor of the Cowboys to “know he’s guilty” in the face of those actual facts.

  22. Sounds like an admission of guilt. The full 6 weeks is now justified. 6-week-Zeke puts da foot in da mouth.

  23. 24601jvj says:
    November 11, 2017 at 11:27 am
    Any trial lawyer will tell you that the real truth comes out upon cross examination of the witness. In this case the witness was not cross examined by a Zeke Elliot lawyer, which denied him of due process.
    _________________________________________________________

    Due process has nothing to do with an Article 46 arbitration hearing or suspension.

  24. spartanlegend says:

    November 11, 2017 at 12:27 pm

    There should be no external appeals or external anything. It’s a league issue which should be handled 100% internally. The CBA is very clear in stating that the commissioner has the ultimate power to make these decisions. If players don’t like it they’re free to find a different line of work

    ——————————————————————————————————————-

    The CBA also works under the assumption of fairness in the process.

    Whether you are pro Z or anti Z in this case. How can anyone claim the process was fair when Z’s attorney was NOT allowed to interview/cross examine the alleged victim…? ESPECIALLY when it’s common knowledge the NFL’s own lead investigator found her not credible recommending no suspension.?? What planet are you on..??

    With all the evidence of blackmail (text messages & testimony of alleged victims friends), I’m blown away that anyone think’s it’s beyond the possibility that Zeke may actually be innocent here….

    I guess many have never experienced the Scorn of a Woman….. lucky them…..

  25. redlikethepig says:
    November 11, 2017 at 11:07 am
    Everyone not wearing fan goggles knows he’s guilty. This is all about escaping punishment. Find some loophole … some technicality.

    ———-
    Not a fan of player or team so no goggles. And I dont see how anyone could ‘know’ he is guilty. Admittedly I dont know that hes not guilty either. But I think that question does need to be settled before he is penalized. The way the NFL has handled this has not felt right. They have ignored the outcome of every investigation from law enforcement and their own people. When their lead investigator says they see no grounds to think anything happened she is barred from the hearing. When Elliots side wants to question the witness themselves they are denied. (NFL basically said “The witness testimony is whatever we tell you it is”). And this is from the same people who last time they made a bunch of statements about who said what in one of their proceedings while hiding the transcript under seal turned out, when the transcript got unsealed, to have lied about pretty much all of it. (Show of hands, how many people still think Brady destroyed his phone when the NFL asked for it, every hand that just went up proves my point) Im not saying any of that means Elliot is innocent, but its at least enough cause to want to know the truth before rushing ahead. If he is guilty Im all for the full suspension no breaks, I even think 6 games is too light. (I believe in real jail time for proven guilt of DV) and my wanting to hold up is not a lack of concern for victims but rather the opposite. Violence on women is a serious thing. I do want the true perpetrators to be punished. But if innocent guys can get railroaded just for getting accused then the door is open for the legal (or NFL) process to be weaponized. And ultimately that will undermine the ability to go after the guilty ones.

  26. RoofDude says:

    November 11, 2017 at 6:11 pm

    The CBA also works under the assumption of fairness in the process.

    Whether you are pro Z or anti Z in this case. How can anyone claim the process was fair when Z’s attorney was NOT allowed to interview/cross examine the alleged victim…?
    ~~~~~~~~~~~~~~
    I’ve never heard of a company allowing an external lawyer to cross-examine any witnesses in a company disciplinary proceeding, have you?

  27. limakey says:
    November 11, 2017 at 3:05 pm

    Dual, NFL does have proof. They also have an eyewitness to the injuries. The police and the District Attorney basically declined to make Zeke their problem and dump it on the NFL. They saved their organizations a lot of time and money. Zeke is not new to the domestic violence rodeo, what is new to him is he is being held accountable.
    —————————-

    Enough with the lies and BS. There is no proof, there was no eyewitness, and the city of Columbus didn’t dump anything on the NFL.

  28. Zeke the time for compromise has passed. Four games would have been considered had you taken that route upfront. Now that you put everyone through this and lost you want to compromise ? LOL. You had No Chance in this case, and your lawyers knew it. Save any additional billable hours, take your punishment and exercise your right to remain silent.

  29. arcross12042004scorp15 says:
    November 11, 2017 at 7:38 pm

    Zeke the time for compromise has passed.
    ————————–

    He’s not trying to compromise, it’s just that he apparently isn’t doing anything to appeal the suspension before the December 1st hearing, which would mean he misses 4 games.

  30. The police did not find a reason to arrest or charge Elliott. Even the NFL lead investigator Kia Roberts testified that she recommended that Elliott NOT be suspended for his alleged domestic violence incidence. So yeah…he deserves a suspension.

  31. Seeker, Kia Roberts did not find the victim’s version of events credible. Unfortunately for her and Zeke, the photographic evidence and her intake interview and the medical evidence prove her wrong. A witness also testified that she knew something happened because she knew the victim did not have them the last time she saw her.

  32. He should now be suspended for a whole year for being and idiot and selfish. He will cost his team dearly when they could have endured without much impact during the six game suspension during the first part of the year.

  33. The CBA is a contract agreed to by the players and the Owners which clearly states that Roger Goodell has final say over matters regarding suspension.
    Zeke will get suspended six games no matter how many appeals he files.
    It may not be right and it may not be fair but it is what both the players and the Owners agreed upon when pen was put to paper.
    No matter how long he delays the inevitable it will happen.
    Goodell always gets his way and the sooner that fact is accepted, the sooner Zeke can put this in his rear view mirror.

  34. Benny, there is no way Zeke or any other player can put domestic violence in a rear view mirror because it can’t be brushed off. Living in New England, even the fans who believed Tom Brady was guilty could easily put it down to taking advantage of minor rule or he was just seeking a competitive edge. Plus, Tom always had the reputation of a fierce competitor. You can put a positive spin on it. There is no way for Zeke or any player or owner can put a positive spin on domestic violence.

  35. “A witness also testified that she knew something happened because she knew the victim did not have them the last time she saw her.”

    This doesn’t prove anything unless the witness saw it happen.

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