Issues in the legal negotiations between the NFL and representatives for Washington Commanders owner Daniel Snyder threaten to complicate the approval and closing of Snyder’s $6.05 billion sale of the franchise to a group led by Josh Harris, according to two people familiar with the conversations between attorneys for the league and Snyder.
It was not clear late Wednesday night whether those complications will affect the NFL’s plans to have team owners vote to approve the sale at a meeting next week in Minneapolis.
According to one of the people with knowledge of the deliberations, the complications are related at least in part to legal issues pertaining to the leaking of emails that led to the October 2021 resignation of Jon Gruden as coach of the Las Vegas Raiders.
That person described the complications as “significant” and “not just some small snag,” expressing the view that the issues could delay the owners’ approval of the sale and the closing of the deal if they’re not resolved. But the person also left open the possibility that Snyder and his attorneys merely are attempting to extract last-minute concessions from the NFL on legal indemnification related to Gruden’s lawsuit against the league, and the issues will be resolved in time for the owners to ratify the deal as expected next Thursday.
“Hopefully it gets resolved,” that person said. “But at this point, it’s serious.”
A second person familiar with the deliberations confirmed the complications in the legal negotiations but did not provide further details.
The NFL did not respond to a request to comment late Wednesday night.
Owners had been increasingly hopeful in recent months that they would be able to resolve their remaining issues with Snyder in a manner that would not impede the sale to Harris’s group. When the owners met in late May in Eagan, Minn., a person familiar with the NFL’s inner workings and the owners’ views estimated that a resolution with Snyder on indemnification was “95-percent done.”
But one person with knowledge of the negotiations between the NFL and Snyder’s attorneys said Wednesday that, while Snyder is not seeking for the league and the other owners to indemnify him against future legal liability, the complications relate to the willingness of Snyder and his family to indemnify the league and owners against liability related to the Gruden case. Snyder’s attorneys are arguing that Snyder should not be responsible for any legal liability stemming from the actions of NFL Commissioner Roger Goodell and league attorney Jeff Pash, the person familiar with the deliberations said.
According to that person, part of the complication relates to Snyder’s sister Michele being unwilling to agree to indemnification of the other owners from legal liability in the Gruden case. Michele Snyder is a part-owner of the Commanders, and all limited partners must agree to the provisions in the sale agreement. That person also said Daniel Snyder no longer is willing to sign an affidavit that he did not leak the emails that led to Gruden’s resignation, after previously being willing to do so.
According to a person familiar with the communications between the Commanders and the NFL, the team’s view is that all of the Commanders owners “have agreed to indemnify the league for any damages arising from the actions of the owners and the team.” Such an agreement, however, would not necessarily apply to the actions of Goodell and Pash.
That person said Snyder “has already testified under oath before the Oversight Committee that he neither leaked the Gruden emails, nor directed or authorized anyone to do so and does not know who did so.” That person said Snyder “has not refused to sign an affidavit to that effect.”
Gruden resigned after the Wall Street Journal and the New York Times published emails sent to the team account of Bruce Allen, Washington’s former team president, in which Gruden used racist, homophobic and misogynistic language over approximately seven years of correspondence while he worked for ESPN.
Gruden filed a lawsuit against the NFL in 2021, accusing the league and Goodell of using the leaked emails to “publicly sabotage Gruden’s career.”
The NFL has denied leaking the emails. According to the final report issued in December by the House Committee on Oversight and Accountability (then called the House Committee on Oversight and Reform) on its Democratic-led investigation into the Commanders’ workplace, Allen learned in October 2021 that many of the emails culled by Snyder’s lawyers from his team email account had been leaked to the Journal. The report said that when Allen called Lisa Friel, the NFL’s special counsel for investigations, to complain, “she indicated that the team was responsible for the leak, stating: ‘We didn’t do it at the league office. It came out of their side.’ ”
Daniel Snyder’s wife Tanya, the team’s co-CEO, told fellow NFL owners at an October 2021 league meeting that neither she nor her husband was responsible for the leaked emails, multiple people present at that meeting said then.
Attorney Mary Jo White is leading the NFL’s second investigation of Daniel Snyder and his franchise. Snyder has declined to be interviewed by White, three people with direct knowledge of the league’s inner workings said in March. White was expected to make at least one more attempt before completing her investigation, according to one of those people.
The Washington Post reported in February that Snyder was seeking for the NFL to keep confidential the findings of White’s investigation. ESPN reported in May that Snyder and his attorneys were lobbying the NFL to limit the release of White’s report. The Commanders denied that report. Goodell has said the league will release White’s findings publicly even if Snyder sells the team.
The owners are expected to ratify Harris’s deal to buy the team from Snyder at next Thursday’s special league meeting, people familiar with NFL’s inner workings have said, if the issues with Snyder can be resolved.