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posted by janrinok on Sunday June 03 2018, @10:47PM   Printer-friendly
from the naughty-naughty dept.

The Center for American Progress reports

Last month, the NFL announced a new policy for its players during the national anthem: Players are permitted to stay in the locker room during the anthem, but if they go out onto the field during it, they must stand. If any of the players takes a knee, the team will be fined.

Soon afterwards, a Wall Street Journal report confirmed what most have long suspected: That President Donald Trump's public outrage about NFL players protesting police brutality and systemic racism during the national anthem at football games heavily influenced NFL owners to change the rule, and discouraged them from signing players who would protest.

It's all terrible news for those in favor of free speech and peaceful protest, and for those against white nationalism and police brutality.

However, Mark Geragos, the lawyer representing Kaepernick in his collusion lawsuit against the NFL, [...] believes [...] that Trump's direct influence over NFL owners on this issue violates federal law. U.S. Code 227 [which] says that members of Congress or the executive branch cannot "wrongfully influence a private entity's employment decision ... solely on the basis of partisan political affiliation".

A few revelations from the last couple of weeks strongly support Geragos' case here, and it's important to remember that Geragos knows much more about the case than we do--he has taken the depositions of more than a dozen NFL owners, while the public only knows about the depositions that have leaked.

[...] Of course, influencing the private hiring decisions of a company isn't the only part of U.S. Code [227] that needs to be proved; it would also have to be shown that Trump did it for partisan political purposes.

That sounds trickier to prove, but in this case, that's not necessarily true. First of all, Trump's comments were made at a political rally supporting an Alabama Republican candidate for US Senate--an expressly partisan environment. And according to the WSJ, Trump told Dallas Cowboys owner Jerry Jones in private conversations that the issue was a "winning" one for him.

Previous: NFL: New National Anthem Rule; NY Jets CEO: Break the Rule and I'll Pay the Fine


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  • (Score: 4, Insightful) by aristarchus on Monday June 04 2018, @12:02AM (6 children)

    by aristarchus (2645) on Monday June 04 2018, @12:02AM (#688150) Journal

    I just love it when TMB stands up for freedom of speech, even speech he doesn't agree with, from black folk! It smells, well, it smells like cognitive dissonance1

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  • (Score: 2) by The Mighty Buzzard on Monday June 04 2018, @12:13AM (5 children)

    I'm standing up for not reinterpreting the law to suit yourself at the moment, ari.

    --
    My rights don't end where your fear begins.
    • (Score: 0) by Anonymous Coward on Monday June 04 2018, @12:18AM (2 children)

      by Anonymous Coward on Monday June 04 2018, @12:18AM (#688159)

      I'm standing up..

      Oh, do go to sleep, TMB, the fishing must have been overtaxing for you this weekend.

      • (Score: 2) by The Mighty Buzzard on Monday June 04 2018, @12:20AM (1 child)

        Yeah, I know it's inconvenient when someone blows your narrative all to shit. I had a good nap out at the lake earlier though since the catfish weren't doing much biting, so I'm good.

        --
        My rights don't end where your fear begins.
        • (Score: 1, Flamebait) by Anonymous Coward on Monday June 04 2018, @12:41AM

          by Anonymous Coward on Monday June 04 2018, @12:41AM (#688166)

          ...so I'm good.

          You never were before, I find it hard to believe it now.

    • (Score: 1, Flamebait) by aristarchus on Monday June 04 2018, @04:54AM (1 child)

      by aristarchus (2645) on Monday June 04 2018, @04:54AM (#688225) Journal

      Hmm, can you do that with the Fourteenth Amendment, or is that beyond the limit of your digital (as in fingers) calculation? You are wrong, oh Micturating Buzzouard! Have the decency to admit it.

      • (Score: 0) by Anonymous Coward on Monday June 04 2018, @06:42PM

        by Anonymous Coward on Monday June 04 2018, @06:42PM (#688494)

        Occasionally I am forced to agree with TMB. DAMN YOU ARI!!!

        Section 18 part 1 chapter 11 code 227
        (a) Whoever, being a covered government person, with the intent to influence, solely on the basis of partisan political affiliation, an employment decision or employment practice of any private entity—
        (1) takes or withholds, or offers or threatens to take or withhold, an official act, or
        (2) influences, or offers or threatens to influence, the official act of another,
        shall be fined under this title or imprisoned for not more than 15 years, or both, and may be disqualified from holding any office of honor, trust, or profit under the United States.

        So unless Trump offered to make/withhold/influence official policy then that section has no bearing on this topic.

        and as for the 14th amendment:

        Section 1.

        All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

        Section 1 was all that seemed even possibly applicable to this topic, but I'm not seeing how it actually does apply. Care to elaborate on why TMB is wrong? I would so love it if Trump broke the law with his continued shtty behavior!!! If Obama had made recommendations to fire people over a variety of topics such as abortion, gender identity, etc. you conservatives / libertarians would be howling for blood.

        So, even if you are correct TMB you're still a piece of hypocritical crap along with the other douchebags around here that suddenly change their tune when a liberal or brown person is the subject of persecution.