Ezekiel Elliott’s camp believes he will lose suspension appeal; Skip Bayless reacts

Skip Bayless and Shannon Sharpe discuss the possibility that the Dallas Cowboys star will lose his appeal and have to serve his 6-game suspension.

Hide Transcript

- I seriously doubt it will be reduced. But let's restate the case. Jerry Jones repeatedly has stated there is nothing there.

MALE REPORTER: Yup.

- Police departments in Columbus, Ohio, Fort Lauderdale, Florida-- just to remind everyone-- investigated the accuser's accusations in both cities, and neither opted to charge Ezekiel Elliott. And Lisa Friel, who was appointed in-- or hired in 2014 as the chief adviser on domestic violence to Roger Goodell, refused to sign off on this accuser's credibility.

Yet, in this appeals hearing, the deck is stacked against easy Ezekiel Elliott, because the NFLPA asked for an independent arbiter. Nope. Roger Goodell appointed the league man, Harold Henderson, who's heard most of these cases.

MALE REPORTER: He's independent, although he worked for the NFL for 20.

- Thank you very much.

[LAUGHTER]

- The NFLPA asked for Zeke's accuser, Tiffany Thompson, to be made available at this appeals hearing for cross-examination. Nope. Request denied. The NFLPA then asked for the league's notes on all of its findings on this case to be made available during this appeals process. Nope. Request denied.

[LAUGHTER]

- So, now we're-- we just have to sit back and wait for Harold Henderson to go through the motions of, I think, upholding the six games that were ruled by one Roger Goodell, who has yet to speak directly to Ezekiel Elliott, or to his accuser, about the merits of this case.

So, as I've said all along, explain to me, how do you reduce a domestic violence suspension? Do you say, well, OK, you're right. You only hit her five times? So, OK, we'll give you only five times, so we reduce from six to five games. You can't do that on domestic violence.

And, just for the record Harold Henderson did reduce Greg Hardy's suspension from 10 games all the way down to four games. But, even though his accuser had won the bench trial in North Carolina, when it went to the jury trial she failed to show, and the authorities said that they were told that she had accepted money not to testify in the jury trial.

MALE REPORTER: Correct.

- So, I guess there was a case to be made. OK, you should reduce because of that. I don't know. I don't know what the ruling was, exactly, but he did reduce on that one.

But, bottom line here's what I've said from the start. Jerry Jones, backing the NFLPA, poised to file a lawsuit. And guess who has already been appointed as the lead prosecutor here, the lead lawyer in this?

MALE REPORTER: Kessler.

- Jeffrey Kessler. Long time thorn in the NFL side. The leader of the Brady legal team in Deflategate gate. So here we go again with another Deflategate. And they will argue just what Brady argued, procedural violations and missteps. Will that stand up in court? Will there be time enough to get an injunction to keep Ezekiel Elliott for game number one, two, three, four? I don't know. I'm going to doubt that, because, once again, the NFL will be able to argue, hey, in the last collective bargaining agreement you gave us the right to rule on any misconduct however we want to rule, right?

- Yep, article 46.

- Article 46. So, I guess, in the end, is it possible that Harold Henderson would reduce from six to five, just to show a judge, in a potential lawsuit, that he tried to compromise ahead of the lawsuit? Maybe. I think that would really look bad for the NFL when it comes to domestic violence.

So, in the end, I think the lawsuit will be filed. Given what happened with Brady, he did win in the first round of court, Judge Berman's court. Then went to appeals court and he lost in that jurisdiction.

MALE REPORTER: Two to one.

- Two to one. So, I'm just going to guess that he's going to have to serve a six game suspension sometime this year. It could be sooner, or it could be later. Maybe it'll be a little bit later, but I would rather take my medicine up front.

More Undisputed Videos

More Undisputed Videos»