Kaepernick’s lawyer calls McNair remark a “smoking gun for collusion”

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Friday’s developments regarding Texans owner Bob McNair will have an impact beyond Houston, apparently.

In his weekly Reasonable Doubt podcast, attorney Mark Geragos characterized McNair’s comment that “[w]e can’t have the inmates running the prison” as being directly relevant to quarterback Colin Kaepernick‘s claim of collusion against the NFL.

“Remember when I indicated that I thought pretty soon a smoking gun would come up?” Geragos said on the podcast he hosts with Adam Carolla. “That’s about as good a smoking gun for collusion as you can get. ‘We’re not going to let the inmates run the prison.'”

While that statement in and of itself doesn’t show express collusion as to Kaepernick, it possibly constitutes implied collusion not only as to Kaepernick, but as to pretty much everything. The direct message is that we do what we want, collectively. The indirect message may be that if doing what we want to do requires collusion, we’ll do it.

Regardless of how Geragos ties the McNair remark to collusion, McNair has purchased a ticket to be the first person question under oath in the collusion case. Geragos disclosed during the podcast, which was taped on Friday, that he will demand on Saturday the deposition of McNair. Geragos then intends to question 49ers CEO Jed York, whose recent comments about owners no longer being afraid of an angry tweet from President Trump become, in the opinion of Geragos, evidence of prior collusion based on fear of Trump. Next, Geragos said he plans to explore what happened in Seattle, where the Seahawks flirted with Kaepernick but didn’t offer him a contract.

Through it all, Geragos continues to make it clear that the whole thing can go away quickly, if the NFL simply does what hasn’t been done since March.

“Make this a tough decision,” Geragos said. “Tell the owners sign him if you want. . . . I can think of seven teams right now that could use him, and convince his crazy lawyer to go away as a condition of the thing. All he wants to do is play. I mean, it’s crazy how they have painted themselves into a corner and all they have to do is stop the collusion and it can all go away. But they just don’t know what to do. They’re frozen. They’re almost paralyzed.”

As discussed in the October 25 edition of the PFT PM podcast, some believe that former Commissioner Paul Tagliabue would have handled this mess by  targeting a team that seems to be in need of Kaepernick and cutting a deal with that team to sign Kaepernick in return for something, like hosting the Super Bowl or the draft. Current Commissioner Roger Goodell hasn’t done that yet or, if he has, Goodell has yet to find someone who will agree to do it.

Geragos has agreed to appear on the PFT PM podcast, via a special edition that will be taped later today.

98 responses to “Kaepernick’s lawyer calls McNair remark a “smoking gun for collusion”

  1. First off, the former Commissioner would not have handled differently and make a team sign him. He did let the inmates run the “prison” which is why the owners push him out and brought in Goodell to clean up his messes. His decision in Bountygate proved what an ineffective commissioner he was.

  2. I don’t get why everyone is so offended by this old analogy. Maybe it hits too close to home? If the shoe fits, wear it.

  3. If there was collusion, not saying there was, this would show how the NFL is stepping deeper into the quicksand. Soon, they won’t be able to get out.

  4. Some team should offer Kaepernick a contract for the veteran minimum salary….maybe with performance-based incentives. If Kaepernick turns down the offer, then it’s on him…the collusion case goes away.

  5. Smoking gun? Nah.

    Also, McNair’s analogy was not a big deal. They are far from prisoners and anyone saying there were racial undertones is ridiculous.

  6. Can’t wait to see what happens AFTER Kaep shows up for the meeting with the owners. I’m sure he’s aware that the owners are expecting him to apologize.

  7. Hey Kaep. If you’re so fired up about playing football, why not give the CFL a try?

    Oh right … this isn’t about football.

    Please go away. We’re all tired of you.

  8. Roger Goodell is the NFLs version of Gary Bettman. Is there any two worse commissioners in the history of sports? #firegoodell

  9. Hopefully he can do better than that for the exorbitant amount of money Kaepernick is paying him. I’d bet that he can’t, however.

  10. scottarrowsmith says:
    October 28, 2017 at 12:35 pm
    Roger Goodell is the NFLs version of Gary Bettman. Is there any two worse commissioners in the history of sports? #firegoodell


    Gary Bettman has his flaws, but he is still head and shoulders above Goodell. Say what you want about him, at least his league is growing rather than imploding on his watch.

  11. The stench of Kaepernick will not abate quickly. Now that he managed to ruin the 49er franchise for the forseeable future, why not try to ruin the league as a whole?

  12. Wow.
    If McNairs comments is the “smoking gun”, Kap needs to fire his lawyer.

    Of course, the current lawyer is likely the only lawyer who sees any merit to Kaps “collusion case.” What a sad spectacle Kaps team is.

  13. The only collusion is between kap and his lawyer to try and blackmail the NFL. I guess kap’s supporters, including the keepers of this site, don’t understand that teams don’t want to have to adjust an offense to fit kap. kap can’t run but one type of offense and he can’t do that well anymore.

  14. Until it can be explained why the winless 49s won’t resign the QB that took them to the SB, I’m actually beginning to think there is collusion. Maybe a rouge group of owners looking to upset the power structure internally

  15. Lol it’s absolutely nothing. “Letting the inmates run the asylum” is a common phrase used in all kinds of contexts. And yes the owners are the boss and the players are the employees. The boss runs the show and the employees are the worker bees who take orders. That’s how the business world works. And the owners are free to employ or not employ whomever they wish. Kaepernick doesn’t some sort of constitutional right to play in the NFL.

    I have little problem with the kneeling but let’s not get carried away.

  16. I truly don’t believe really wants to play again. He and his team want his legacy to be that he wasn’t hired because he started the protest. Think about, what would you want your legacy to be? A former Superbowl Quarterback who could not get a job because he protested social injustices or a former Superbowl Quarterback who lost his job and when a team was forced to hire him he retired carrying a clipboard?

  17. Sure sign him, then what? He files another collusion suit when he doesn’t get to play? Or, he plays and ends up tanking (like we all know that he will), then files another suit when he gets benched? Don’t even think about what happens when a team has to cut him. Kaepernick is the one who has painted himself into a corner here (assuming he actually wants to play). His lawyer should have advised him that if he filed this lawsuit, it would effectively end his NFL career, which it has. He has turned himself into Kryptonite and no team will sign him at this point, no matter what the cost.

    Honestly, the owners losing this lawsuit could be a blessing in disguise for them (assuming Kaep’s lawyer could actually prove collusion). It would invalidate the CBA and the owners would have the ability to lower the salary cap based on the decline in TV ratings and revenues. They might even put the screws to the union and get their 18 game schedule.

  18. There are only so many spots on a roster. So if a team is co-oerced into signing Kaep, they are going to have to cut someone else. What if that player is black?

    Will the players take a knee for him.

    Will he sue for collusion?

    Where does it end?

  19. Owners should have a lottery and all chip in a set amount. Winner[loser] grts the money but has to hire C.K.
    Maybe a roster exemption too. Keep it fair.

  20. “While that statement in and of itself doesn’t show express collusion as to Kaepernick, it possibly constitutes implied collusion not only as to Kaepernick, but as to pretty much everything.”

    (sigh) Even Freud had to admit sometimes a cigar is just a cigar.
    BTW, if the commissioner cuts a deal to get Kaepernick on a team to make this go away that would be collusion.

  21. The way i see this an NFL player is an employee of that team. So in that sense the team owner would be the highest boss in the scheme of things and they should be in charge no different than any other workplace hierarchy.

  22. mmmbac0n says:
    October 28, 2017 at 1:19 pm
    Why hasnt kapernick proven how serious he is about playing by going to the CFL?


    Millennial entitlement? Isn’t he owed a job in the NFL?

  23. Rule 1 of picking a lawyer that’s legit and in it for best intentions and not the ego stoke: He doesn’t have a podcast.

  24. Bizzareslantpass says:
    October 28, 2017 at 12:12 pm
    I don’t get why everyone is so offended by this old analogy. Maybe it hits too close to home? If the shoe fits, wear it.

    It’s that McNair referred to the players as prisoners. That analogy entails that he views himself as above his players and thinks he has the right to tell them what to do at all times.

    Now be honest, if your boss viewed you as a prisoner, or something that he could control at all times, you’d be pretty pissed off too.

  25. dbarnes67 says:
    October 28, 2017 at 1:13 pm
    Owners should have a lottery and all chip in a set amount. Winner[loser] grts the money but has to hire C.K.
    Maybe a roster exemption too. Keep it fair.

    The very fact that to get him on a team they would have to make exceptions to long standing rules plus blows up the collusion theory.

    Unless they have a case where an owner says ‘I wanted him but I couldnt go against the agreement we owners had’ they dont have a case.

  26. The reason cited for him not being on an NFL roster is because he’s not good enough to play.

    Kaepernick is the winningest playoff QB on the road in 49er history. A franchise known for Hall of Fame QB play. I think Kap can play a little QB.

    It’s obvious collusion.

  27. “Inmates running the asylum” or “inmates running the prison” is a popular term in past and current vernacular.

    Name the team that would be in a better position to win with Kaepernick on the roster. Please list your reasoning for the conclusioon

  28. Every time the owners make a decision, it is collusion. Majority vote, 2/3, etc. Everything in the league is collusion, lol

  29. 49ersfury says:

    Kaepernick is the winningest playoff QB on the road in 49er history. A franchise known for Hall of Fame QB play. I think Kap can play a little QB.

    Then explain why, one, they benched him and, two, why they weren’t going to pay him his full salary causing him to up and quit?

  30. Do people really think Kaepernick took the Niners to the SB by himself? They made the game with solid D and running game. He was basically Jeff George with wheels. How does anyone take him seriously after wearing pig socks and then a Castro shirt; IN MIAMI?!?

  31. The fact that this ambulance chaser is attempting to blackmail the NFL proves that there is no collusion.

    If he had a case, he wouldn’t need the blackmail threat.

  32. Let’s see Kap had a player option for 16 mill that he declined myself to seek riches and a better situation elsewhere. Only to find none. Collision case over just by the fact.

  33. The anthem protest is a league wide issue the owners are handling collectively after failing to handle it well individually.

    Signing Kaepernick is a roster decision made by and individual team front office. The two are not the same and a statement about one does not mean anything about the other.
    I could make a more logical point that right now there is less reason for collusion because so many players are kneeling, that there would be be as big of an issue with bringing Kaep into your roster. If he were the only one still doing it, then yes. But it is so widespread now.

  34. Kap just got a book deal for over a million and he’s suing for collusion. Clearly this situation is making him money and keeping his body healthy. Case closed. Move on bud.

    When you donate a million and are worth over 30 mill, you’re really not donating much.

  35. I like how this “lawyer” said he can think of 7 teams that could use him right now. So now he’s also an expert NFL talent evaluator…give me a break. Also, anyone offended by McNairs comments is a snowflake in this all too politically correct society we unfortunately live in. That being said, McNair is a tool.

  36. I can’t believe people are so butt hurt over this phrase that has been around forever.it simply means you can’t let employees run the business if your the owner. Stop being offended by every little thing it’s making everyone look be, act like an adult

  37. He’s a Civil litigator. It is his job to come up with far-fetched theories to try to prove his client is correct.

    Every attorney does this. Besides, he his mostly known for his criminal work. Scott Peterson, Casey Anthony ring a bell?

  38. The sad part is that this will be settled out of court with the NFL giving this scummy lawyer and his client some bucks just to go away. Of course neither side will be allowed to discuss the settlement.

  39. Just so everybody is aware, while this doesn’t exactly pertain to this exact post, but… If I, as an employee of a company, was caught bad-mouthing the OWNER like these players do, I’d be fired, and wouldn’t expect anything less, unless I was a moron. As far as outlandish remarks to me from the owner? Yes sir, may I have another, just keep paying my bills. I swear, the pro-Kap folks cannot be employed, they just can’t be. To be so ignorant on how the real world works, it’s just astonishing.

  40. NFL popularity is down 20%. Ticket sales are down 10%. TV viewership is down 10%. Merchandise sales are down 15%. All because of what Kaepernick started with disrespecting the country, the flag, the anthem. Every owner sees these numbers and are separately concluding that they will NEVER sign Kaepernick.

  41. Talk about why Seahawks didn’t sign him? Why not talk about why Ravens didn’t sign him? Don’t want to talk about the racist remarks towards Ray Lewis? Didn’t think so.

  42. There was collusion between Ray Lewis and Steve B not to sign him after the racism and bigotry towards them. Let those true colors show, Kap.

  43. A bunch of overprivildged malcontents are making useless gestures that are ruining the reputation of their employers. and even if he directly called for a ban soooo what. Freedom of Association.

  44. what makes you think kap is paying this lawyer? i’ll bet it’s a bunch of left wingnuts putting up the money. sad thing is, all the idiot players that are following this parade.

  45. You go Kap…… just keep in mind that we elected a known racist as Prez and close to 50% of the morons in our country are right with him.
    May justice prevail in spite of ignorance.

  46. Hey the longer this guy drags out the lawsuit the more of Kaps money he gets. Expect this to go on until Summer at least. HOURLY RATES baby!!!!

  47. Yeah, it’s probably a smoking gun or you know, it could be a figure of speech that’s used countless times. One of the two. Yeah, it’s the latter. What a joke!

  48. “Thank you for playing, ‘Should we or should we not follow the advice of the galactically stupid!’ ”
    – Tom Cruise, A Few Good Men

    I have another saying for Kap & and lawyer Greg, “Birds of a feather…”

  49. Collusion??? These people are the owners….and YOU work for them. They don’t wanna hire you? Then SHUT YOUR MOUTH!!!
    You’ll probably never work in football again. Know who’s fault that is??


  50. He is the one to opt out of his contract because he thought he was really something. Collusion??? Kap is running out of money.

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