Trump’s big mouth may have given Kaepernick a case against the NFL

While Burbank will ultimately decide what evidentiary maneuvers to allow, a source generally familiar with how such arbitration proceedings work told me that Kaepernick’s lawyers might be able to depose those NFL owners who have met with Trump. That source added that Kaepernick’s legal team could request all electronic communications among and between teams about Kaepernick—potentially millions of words of emails, texts, and documents. A third-party electronic discovery vendor would look through this metadata for search terms like Kaepernick, Colin, anthem, protests, and Trump, and provide Kaepernick’s lawyers with relevant evidence. Again, it will be up to the arbitrator to decide whether to allow such a search to go forward. If league and team officials refuse to turn over this information, the arbitrator could use that refusal as grounds to rule adversely against them. (This was what Roger Goodell did as arbitrator when he cited Tom Brady’s refusal to turn over relevant texts in his decision to suspend the New England Patriots quarterback over deflategate.)

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