Given the stipulations within the collective bargaining agreement about collusion, some have focused on the need to provide evidence of communications between owners and/or the league office to win damages. However, Kaepernick’s case might focus on the tweets and other communications of the president, according to the source, noting numerous instances where Trump expressed his influence over owners in this manner…

In this instance, Kaepernick could argue, in addition to “express” collusion — generally emails, text messages or written/oral arrangements among clubs or the league office — that some or all NFL clubs/owners also had an “implied” agreement with the league and/or each other based on messages received from President Trump, which the president publicly discussed on Twitter and in speeches to restrict decision-making regarding signing Kaepernick.