Elliott witnesses weren’t placed under oath

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As the Ezekiel Elliott case heads toward an appeal hearing with unclear parameters or procedures, one specific procedure regarding the pre-disciplinary process is becoming more clear: Witnesses weren’t placed under oath.

Per a source with knowledge of the situation, the league didn’t administer the oath to tell the truth, the whole truth, and nothing but the truth under penalty of perjury to Elliott at the June 26 hearing. This likely means that Tiffany Thompson wasn’t placed under oath, either, when she was questioned. (The NFL has not responded to a Friday email asking whether Thompson was interviewed under oath.)

The oath gets violated all the time, but that doesn’t mean it shouldn’t be administered. For some, the gravity and potential consequences of lying while under oath makes a difference while telling a story — especially when it comes to spotting stress when someone is telling a story that isn’t true. For many, it’s hard enough to lie without lying under oath; it becomes even harder when the oath comes into play.

Of course, the impact of the oath on the perceived credibility of a witness has less meaning when the person making the decision doesn’t personally scrutinize the witness while testifying. But for the same reason Commissioner Roger Goodell should have been present to see and hear what Elliott and Thompson had to say, the NFL should have put all witnesses under oath as part of the process of gathering facts.

These deficiencies suggest that arbitrator Harold Henderson should: (1) hear testimony from all key witnesses; and (2) ensure that those witnesses are under oath in resolving Elliott’s appeal. If the league intends through its in-house justice system to apply the label of domestic abuser to one of its players, how can protections like these not be implemented?

23 responses to “Elliott witnesses weren’t placed under oath

  1. Neither was Ms. Thompson when she gave her accusations on Ezekiel Elliott so 2 can play that game but it can all be covered in FEDERAL COURT!!! Make sure she shows up for the NFL

  2. The NFL will uphold the suspension, Elliott will take it to Federal Court who will lift the suspension and it will be in the system for the next 14 months. Zeke is going to play all games this year. Book it.

  3. What power does the NFL have to deliver penalties for perjury? Maybe they have it with players but not with people who do not work in the NFL.

  4. Why would an organization known to lie, repeatedly, ask other known liars (and let’s face it, neither Miss Tiffany or Zeke are paragons of virtue here) under oath? I mean, wouldn’t that defeat the purposes of lying?

    Yes. That’s sarcasm.

  5. snakeplizkn says:
    August 19, 2017 at 5:15 pm
    None of these people made a dime off of their statements….that’s as good as an oath these days.

    Apparently not for a lack of effort. When you stick your hand out sometimes you get something, sometimes you don’t… then sometimes when you don’t you concoct a blackmail scheme.

  6. The NFL doesn’t necessarily seem to want to know the truth unless it’s in their favor. This investigation seems to have a lot of holes, so it leads one to believe all they did was to make this out to be that Zeke was guilty when he may have done nothing. That there would be a shame because now he would have to carry the stigma of being known as a abuser if in fact nothing may have happen. The NFL is using him to be their poster boy for how tough they want to be on domestic violence. Famous quote, ” I want to know the truth!” “You can’t handle the truth!”

  7. This doesn’t have to hold up in the court of law where it is an extremely high level of proof required. This nfl guidlines are based off of what “probably” happened? And after they looked at all the available evidence, they think he “probably” did it. Is there evidence or facts that can undermine that? Sure there is. But would it change the conclusion to he “probably” didn’t do it? That is the real question.

  8. it wont matter. he pulled down that girls top. article 46. been through this already.

  9. I’d advise him to take the suspension, you’ll be healthier than everyone else when you return. Just look back to last year and see how well it worked for TB12 and the Pat’s…just saying

  10. Call me a law school dropout but what difference would an oath make with no courtroom to adjudicate it? If they were going that route the question would also be “did every witness have legal representation.” Would any of us expect to be put under oath for an interview with our employers?

  11. Forget the top pull-down incident. The NFL has specifically said he’s being suspended only under the DV policy. They claim they have “substantial and convincing ” evidence of 3 separate incidents of DV during the week of July 16.

    Without seeing/hearing the transcripts nobody really knows.

  12. dave20109 says:
    August 19, 2017 at 4:59 pm
    What power does the NFL have to deliver penalties for perjury? Maybe they have it with players but not with people who do not work in the NFL.
    If you in a private proceeding commit perjury under oath, whether in a court or not, the state can prosecute you if it chooses to. This was an issue brought up in the Brady case regarding some less than truthful statements made by Roger Goodell.

  13. So it’s a problem that the accuser wasn’t under oath in a proceeding that wasn’t part of te criminal justice system but it’s also ok that the defendant wasn’t under oath either. We’re all supposed to feel like a guy with his history is telling the truth regardless of oath or not but her lack of oath is a smoking gun against the NFL and her side of the story.

  14. Statements without penalties for falsehoods are worthless. The NFL knows this but has decided to suspend Elliott WITHOUT DUE PROCESS. Incredible that the Second Circuit has approved this kangaroo process. Time the owners stopped the irrational reign of accusation and reinstate the protections guaranteed by our Constitution.

  15. You would think if you were going to take the guys reputation and millions of his dollars away from him you would do it in a professional manner.

  16. bigjeter says:

    We all know where those bruises came from.

    Yeah, because she texted her friend about it. And it wasn’t from Zeke.

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