3 reasons why Colin Kaepernick case was settled

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There is far more we don’t know about the Colin Kaepernick/NFL/collusion settlement than we know, because the terms of the deal announced Friday are confidential and have not leaked. So it’s wrong to knock Kaepernick for caving, because we don’t know what his options were; if he and his counsel felt they faced a certain loss in the case to be heard by arbitrator Stephen Burbank, why just take the loss without dinging the NFL? It’s wrong to assume the NFL felt it was going to lose the case and thus settled; if that were the case, why would Kaepernick have taken a deal?

I know three things that influence my opinion of the case:

• One: When the depositions given by NFL people in the case were complete, those inside the league felt confident that nothing was said by a league executive or employee that could be deemed damaging enough to prove the case that two or more teams colluded to limit Kaepernick’s NFL employment. Very confident. Maybe that’s right; maybe it isn’t. Now, in the time between the end of the depositions and now, could some attorney have told Roger Goodell or his top legal lieutenant, Jeff Pash, that they might have liability with something in one or more of the depositions? I don’t know that. But the big reason why so many who covered this story were surprised was because they didn’t see it coming—that’s how confident the NFL was in its case.

• Two: The NFL is coming off a strong season, with no mega-controversies (till the woefully handled missed pass-interference call in the NFC title game, with the league office’s clumsy attempt to bury it by ignoring it for 10 days) and an uptick in TV ratings and an influx of new stars like surprising young MVP Patrick Mahomes, Baker Mayfield and Saquon Barkley. The Bears and Rams and Chargers lifted dormant or down markets. Concussions were down a significant 23 percent year over year, giving hope that the game can be made safer. Roger Goodell mostly stayed out of sight during 2018, which turned out to be a pretty good strategy—fans didn’t have the commissioner on whom to focus their anger. With all that giving the NFL momentum this offseason, it’s probably a smart investment for the league to make the Kaepernick problem go away.

• Three: This comes from an excellent summation of the legality of the settlement from the University of New Hampshire’s associate dean of the School of Law, Michael McCann, writing for Sports Illustrated: “The loser of Burbank’s award could have challenged it in federal court, thereby creating public records with detailed information about the grievance. The NFL has long tried to avoid the discovery process and disclosure of any discovery.” Smart. So even if the NFL were to win the arbitration, Kaepernick could have appealed, and attorney Michael Geragos could have filed to force an appeals court to open up the NFL’s depositions.

In the end, if you’re talking a just way for this to end and you believe (as I do) that Kaepernick is likely to never play in the NFL again, he deserves a multi-million-dollar settlement, if that’s what he got. He did exacerbate what was a dicey situation already with his own actions, once wearing socks with pigs dressed as police officers. There were times when critics saw him as more interested in being a victim than a football player. Regardless, he didn’t deserve to be shunned by 32 teams.

I’ll always think Kaepernick hasn’t found NFL employment in 25 months because of business reasons, not football ones. I believe some teams have had interest in signing Kaepernick as a backup quarterback who may have been able to work his way into the starting job—on some teams—when the noise died down. But interested coaches and GMs with some franchises would have had to battle the business side of the organization and possibly the owner to get the deal done. That wouldn’t have to happen in a place like New England. If Bill Belichick wanted Kaepernick, I’ve got to think owner Robert Kraft would agree to let him make that move. (Maybe that’s why that rumor got some legs over the weekend, though I couldn’t find any confirmation of any interest by New England in Kaepernick.)

In the end, this became about more than whether Kaepernick’s free-wheeling style of play would fit a particular offense. It became about business, and whether Kaepernick would have indelibly affected the bottom line over the football product.

In my opinion, those issues are more specious than real, but I’m not the one running a team. It’s an unfulfilling end to the Kaepernick/NFL saga, if this is it. But we don’t get to choose the end that seems most satisfying or fair.

Read more from Football Morning in America here

Why Texans need to trade for Redskins’ Trent Williams now

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Three Things I Think

GREEN BAY, Wis. — Three quick thoughts:

1. I think my everlasting memory of this trip will be watching J.J. Watt steam in from Aaron Rodgers’ left side on a live pass-rush drill (well, full-speed, but no hitting the quarterback in a camp practice) in the Texans-Packers joint practices. He jousted with left tackle David Bakhtiari, dipped to the outside, got half a step on the left tackle, and sprinted at Rodgers. Watt meant it. As did Rodgers, who sprinted up the right side and evaded Watt. First time Watt ever stepped foot in Wisconsin to play pro football (though a practice), and he got emotional about it, and it meant a lot to him. Two Hall of Fame players going at it on a Monday morning in northeast Wisconsin. Loved it.

2. I think the Texans need to trade for Washington left tackle Trent Williams, who is unhappy in Washington and threatening to not play this year. Houston’s time is now. Watt turns 30 this year. So much of this team is in its prime. They could get three or four more years out of Williams, who turns 31 next Monday, and he’d strengthen the only true weak point of this team.

3. I think I marvel at DeAndre Hopkins and found it compelling to just watch him practice in Green Bay. He even dropped a pass over the middle. Consider that last year he became the first receiver since drop stats were kept—at least 13 years—to catch at least 110 balls without a drop. “Why do you think people don’t really know that?” he asked me after practice, a bit annoyed. I don’t know, but I do know Hopkins is the best wideout in football by almost any measure. “There are games, like against Philly last year, when he gets his jersey ripped off,” coach Bill O’Brien said. “Teams are so physical with him. What makes him special is so many plays are contested. People are draped on him, and he comes down with it.” With wideout injuries last year, Houston saw a weird three-man coverage at times on Hopkins, “cut coverage,” O’Brien called it, with a linebacker undercutting him near the line of scrimmage before he would get out in the open field and face two cover guys. I asked Hopkins how he worked on his hands as a kid. Jerry Rice tossed and caught bricks with his dad, a mason. Hopkins: “This is something I haven’t told many people, because it’s embarrassing,” he said. “We always used to catch flies with our hands. I was the only one who could catch ‘em. One-handed, two-handed. I actually studied flies. I’d watch ‘em. How do you catch flies? They fly up. If I can catch that, I can catch anything.”

Why Antonio Brown is crazy to fight NFL over helmet issue

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Regarding the Mike Silver/Adam Schefter-reported stories Friday about the melodrama surrounding the Oakland receiver—or, I should say, the receiver employed by Oakland who is not currently playing for Oakland—the overriding thought I have is a simple one. The NFL and the NFLPA have teamed up to research helmet safety and helmet technology through exhaustive, independent studies since 2016. All players were told in 2017 they’d have to wear new helmets—league and union-approved—by 2018, with a one-year grandfather period pushing the absolute deadline to don correct helmets to 2019. I did a podcast about the helmet in May, and over the previous seven months talked to 14 players about the helmet issue. Several of the players weren’t crazy about making the change, including 49ers tackle Joe Staley, who’d worn the same model of helmet for 15 years (though it had been updated at least once) and admitted to me he would not have changed unless forced.

“It’s something that needs to be done,” Staley told me last fall, “and I think I’m a perfect case study of why it needs to be done. I wouldn’t have changed my helmet unless they made these rules changes.”

For Brown to be fighting this is just crazy. According to Schefter, Brown had a two-hour grievance hearing Friday with an independent arbitrator, arguing that he should be able to wear a helmet he has been wearing for more than 10 years. (That, in itself, makes the helmet illegal; the NFL mandates that helmets worn for at least 10 years be replaced, regardless of their condition.)

There isn’t much the league and players union agree on without reservation, but the current helmet protocol, the outgrowth of a $60-million investment by NFL owners in 2016 to improve helmet technology and reduce head trauma in players, is one of those things. If Brown wins, he would be the lone player out of 2,016 active and practice-squad players in the NFL this season who would be wearing a helmet—the Schutt Air Advantage, in his case—not approved for use by NFL and NFLPA testers. And this helmet is so old that it’s not even been tested by the league and the union. I’m told unquestionably it would fail any test for helmet safety, as would virtually any helmet not made in the last four or five years.

A few other thoughts on this nutty story:

• Brown has to grow up, or he’s got to get some help. Someone in his life, if anyone has a scintilla of influence over him (and that is in doubt), needs to say to him: The Raiders could void your contract for this behavior, and you’d be out $30.1 million in guaranteed money, and what team would pay you even a fraction of that after? You walked out on the Steelers and then turned into a child on the Raiders and boycotted them too—in the span of nine months!

• The Steelers have to be the happiest team in the league right now. They don’t have a great player, but they do have a sane, undivided training camp.

Jon Gruden has to defend Brown, which he did Saturday night after the Raiders’ preseason win over the Rams. But anyone who knows Gruden knows he’s got to be frustrated over his best offensive weapon being disabled because of the freaky frostbite injury and fuming at Brown being AWOL because the NFL is trying to make football safer for him.

• To be a fly on GM Mike Mayock’s wall. He’s a football purist, and his first season piloting a storied franchise might be sent over a cliff by the weirdest controversy in years that has incredibly little to do with real football.

• Mike Silver’s 20-tweet thread detailing the Brown story Friday was exquisite. Best football thread I’ve seen, full of rich detail and information about the dysfunctional Brown/Raiders/helmet thing. What was great about Silver’s long social screed: It was essentially an 800-word news story, broken in real time on Twitter instead of being broken on NFL.com with a Twitter link to the story. Whatever the reason for doing it that way (NFL.com I’m sure now regrets the loss of traffic on a heavily read story), I found it easy to digest just by scrolling up on my phone. Silver had the helmet stuff solid, and this piece of information that can’t go on in team meetings: “Brown, according to witnesses, typically glances at the screens of several tablets and his smart phone during meetings, distracting himself by engaging in activities which include perusing his bank accounts and ‘liking’ photos on Instagram.” Social media is still the Wild West, but Silver showed you can break news with a story broken into 20 easy bites.

• “Hard Knocks” is either going to show a slice of this Brown story this week, with some real video and team reaction, or it’s Pravda. And I know Ken Rodgers of NFL Films, the curator of this show. He will want to show the real story, very much.

I’ve been around a lot of crazy stories in the NFL in my 35 years covering the league. But the last nine months in the life of Antonio Brown is right up there.


One more thing from Kearse: “The NFL changed the rules to prevent more head injuries and more head contact. But at the end of the day it’s a full-contact sport and guys are kind of making quick decisions, and you want to be able to have a product that’s going to be able to protect you. I think the NFL wants this league to last. They’re going to have to continue to keep digging deeper to improve. It’s an uncontrolled environment where things can happen and for me personally, I want to have the best protecting me out there.”

Someone’s got to get to Brown, and fast.