Former NFL football quarterback Colin Kaepernick applauds while seated on stage during W.E.B. Du Bois Medal ceremonies, at Harvard University, in Cambridge, Mass. Kaepernick is among eight recipients of Harvard University's W.E.B. Du Bois Medals in 2018. (Photo by Steven Senne/AP/REX/Shutterstock)

   

 
 

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  No matter how much the settlement, he bested the league, Kaepernick Won, NFL Lost

Jemele Hill/Sports Writer
The Atlantic

Technically, Colin Kaepernick withdrew his collusion case. Technically, the NFL did not admit it conspired to blackball Kaepernick from the league after he began taking a knee during the national anthem to protest racial injustice. But non-technically speaking, the NFL lost. Massively.

The terms of the settlement, announced on Friday, were not disclosed. But it doesn’t matter how much money Kaepernick ultimately receives from the NFL; what matters is that he bested a league that has a long history of pummeling its opposition in court, especially players.

In a way the NFL had no other choice. Last August, arbitrator Stephen Burbank rejected the NFL’s request to have the case dismissed. That meant he believed Kaepernick’s team had compiled enough receipts to present their case. With another hearing reportedly scheduled for next month, did the NFL really want to let Kaepernick’s legal team expose those receipts in court?

Of course not.

Owners and coaches already had given depositions in Kaepernick’s case and the details that emerged from those proceedings did not look good for the NFL.

For one, the depositions showed just how much league owners were petrified of President Trump, who had loudly criticized the player protests. According to the Wall Street Journal, Dallas Cowboys owner Jerry Jones testified in a deposition that in a phone conversation with Trump, the president told him, “This is a very winning, strong issue for me” and “Tell everybody, you can’t win this one. This one lifts me.”

Trump felt that public sentiment was on his side when it came to the player protests, and was warning that he would not back off. That conversation with Jones, and separates ones with Miami owner Stephen Ross and New England Patriots owner Bob Kraft, suggested that the league was allowing their fear of Trump to influence how it dealt with Kaepernick and the other protesters.

Had Kaepernick’s case gone further, there was no question that more sensitive and damaging information would have come out. Who knows what was said about Kaepernick or other players in texts and e-mails. Even if Kaepernick lost the case, the NFL would have left with a significant mess.

There are some who already are criticizing Kaepernick for settling, not realizing how rare it is to see the NFL backed into a corner, especially by a player. Tom Brady, arguably the greatest quarterback ever, couldn’t beat the NFL in court. Even he eventually had to accept his four-game suspension for Deflategate in 2016.

That Kaepernick was the one to make the NFL eat crow is a special kind of karma. This is just punishment because the league incompetently handled the player protests, starting with Kaepernick, from the beginning. Had the league not been so heavy-handed in policing the protests, this issue likely would have abated sooner. Had the league ignored Trump instead of cowering to his bullying, appeasing Trump wouldn’t have become a priority. Had one league owner had the guts to sign Kaepernick, this collusion case would have been a non-starter.

But too often, the NFL has shown an embarrassing commitment to being on the wrong side of history for the sake of profits. The league settled a $1 billion class-action concussion lawsuit brought forth by former players, but in the process, the league wasted a lot of time looking absolutely foolish denying their culpability. And regardless of the money they spent trying to make the issue go away, concussions and head trauma still haven’t disappeared from the public consciousness.

I still doubt if Kaepernick ever plays in the NFL again, but the point of suing the NFL wasn’t necessarily about resuming his football career. It was about holding the league accountable for something that was entirely preventable.

Though this legal battle with Kaepernick has been resolved, he isn’t going away, either. The league will forever have to live with the fact that it was complicit in destroying someone’s career simply because he wished to bring attention to the injustices suffered by his people. If owners and Roger Goodell believe that they no longer will have to face questions about why Kaepernick isn’t in the league, they’re wrong. No matter what an arbitrator rules, how the NFL treated Kaepernick always will be the mistake they can never amend.

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