NFL owners should pose pointed questions this week about Jon Gruden lawsuit

When a company is sued by a current or former employee, the primary focus usually becomes winning the case and not getting to the bottom of what caused it. It’s about circling the wagons, not pursuing the truth.

The Jon Gruden lawsuit against the NFL and Commissioner Roger Goodell has sparked an extended effort by the league to force the case into its preferred forum: The secret, rigged, kangaroo court of arbitration ultimately controlled by Goodell. There has been, by all appearances, little or no effort to figure out who decided to spark Gruden’s ouster.

Last week, the league won the arbitration issue before the Nevada Supreme Court. Gruden still has more moves to make in the court system, in Nevada and beyond. He could still force the case into open court, where it would all play out in public view — and where (absent a settlement) we’d all know who targeted Gruden.

Gruden clearly was targeted, by someone. Setting aside the question of whether he should have remained in the job given the emails he sent, someone weaponized a handful of message from some 650,000 confidential documents collected in the Washington investigation and leaked them first to the Wall Street Journal and then to the New York Times before Gruden resigned under pressure.

A very small universe of people had access to the Gruden emails. It wouldn’t be difficult for the league to figure out who leaked them. But the league’s primary concern for now is to beat back the Gruden lawsuit, not to figure out who used the emails to take down Gruden.

The NFL constantly harps on the integrity of the game. Once a given season begins, the NFL is hesitant about changing the rules, in order to protect the integrity of the entire season.

In Gruden’s case, the league (as we reported at the time) had the emails in June 2021. If someone believed Gruden should not be coaching in the NFL because of emails sent while he was working for ESPN, it could have been handled then, giving the Raiders a chance to replace him before the start of training camp. Instead, someone waited until the Raiders were 3-1 before making the first leak, two days before a game. The Raiders lost to the Bears and then, the next day, the second leak happened — and Gruden was gone.

Five games in, the Raiders’ season was plunged into chaos. Regardless of whether Gruden deserved what he got, the Raiders didn’t. The issue should have been handled before the season started or after it ended. Whoever forced the matter by leaking the emails compromised the integrity of the 2021 season.

In an age of legalized betting, the conduct also compromised the integrity of various futures wagers. Anyone who bet on the Raiders to capture the division or to win more games than the projected over-under or to win the Super Bowl had those wagers turned upside down when someone initiated the process that forced Gruden out during the season.

Again, the NFL’s primary concern at this point is winning the Gruden case. Still, as the owners gather this week and potentially get an update about the case, one or more owners (starting with Mark Davis) should be asking very pointed questions about why the Code Red was ordered when it was, and whether the league is taking that wrinkle as seriously as it should.

Without Gruden, the Raiders made it to the playoffs and nearly defeated the eventual AFC Champions in the wild-card round. What would have happened if Gruden had been allowed to finish the year? What would have happened if Gruden had left in June and Davis would have had a chance to replace him before the season started?

Even without legalized gambling, the integrity of the game — and specifically the integrity of the Raiders’ season — required something more strategic than someone deciding during the season to kneecap Gruden. The owners should want to know who did it and to ensure it never happens again.

The problem is that, by focusing on that issue while Gruden still has active litigation pending, the league could strengthen Gruden’s case. Regardless, it’s obvious that someone who had access to the Gruden emails compromised the integrity of the season by leaking them four games in. If the league cares as much about the integrity of the league as it claims it does, it would take this issue far more seriously, even if doing so compels a settlement with Gruden.