NFL free agent Colin Kaepernick’s legal team will reportedly seek federal subpoenas for President Trump and Vice President Pence to testify in his grievance alleging NFL owners colluded to keep him out of the league.
Yahoo Sports reported that lawyers for the former San Francisco 49ers quarterback will look to compel testimony from Trump, Pence and others who are familiar with the president’s stance against players who protest during the national anthem.
Sources told the site that the subpoenas would likely focus on the Trump administration’s involvement with the NFL since Kaepernick opted out of his contract with the 49ers in 2017.
Kaepernick’s legal team is expected to seek federal subpoenas in the coming weeks to compel testimony from Trump, Vice President Mike Pence and other officials familiar with the president’s agenda on protesting NFL players, sources with knowledge of the quarterback’s collusion case against the NFL told Yahoo Sports.
The aim will be a dive into the administration’s political involvement with the NFL during Kaepernick’s free agency and the league’s handling of player protests, sources said. This after recent disclosures that multiple owners had direct talks with Trump about players kneeling during the national anthem. The content of those conversations between Trump and owners – as well as any forms of pressure directed at the league by the administration – are expected to shape the requests to force the testimony of Trump, Pence and other affiliated officials, sources said.
What has to happen for Trump to be subpoenaed?
Due to the nature of the rules in collective bargaining grievances, reeling in sworn testimony from the political sector will create at least one additional hurdle for Kaepernick’s camp. The quarterback’s legal team first must notify the system arbitrator of the need for targeted depositions beyond the boundaries of the agreement between the NFL and the player’s union. That would entail presenting a detailed argument to the system arbitrator overseeing the grievance, spelling out the relevance and impact that testimony from Trump or others could have on the grievance. If the arbitrator rules the testimony would be justifiable, that would open the door for Kaepernick’s attorneys to seek the subpoenas in a district court under the Federal Arbitration Act.
That’s also where the process would get more complicated and contentious.
Should the system arbitrator and a federal judge find there is a basis to force Trump or others to sit for depositions, it would raise an argument over whether the president can actually be compelled by the courts to sit for a deposition. Trump could choose to ignore the order or simply decline, leaving it up to the justice system to enforce the subpoena.
Whether that would ever happen is a significant matter of debate.
Mr Americana, Overpasses News Desk