Brian Flores suing NFL, Giants over "sham" Rooney rule - "mistakenly" (?) sent Belichick text may be linchpin

sodenj5

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What's really disappointing to me is the lack support Flores is getting from the white coaches. Have any come out in support of him? Or are they all playing "I'm not racist because I hired I blah blah assistant coach 10 years ago".

If the white head coaches are serious about the Rooney Rule a.k.a "I'm not taking this job unless you show me you've strongly considered a minority candidate" it might invigorate equitable hiring practices that are now just a checkbox away from hiring their white buddies.

It would also be a great help for Flores and systematic racism in general if a white coach came out and said, "Yeah the minority interviews were a sham, the hiring committee told me I had the gig before the other interviews". Someone needs to be brave on the white ally side and sadly I don't think it will be BB
To be objective, there are 32 of these jobs in the world, and a lot of these coaches have spent most of their lives working towards an opportunity for one of these jobs. It’s competitive in its very nature.

You’re asking a whole lot for a guy on the edge of realizing his life’s work to ask his billionaire employer to pump the brakes and make sure they have gotten some “real interviews” in with minority candidates before accepting.
 

Jimbodandy

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To be objective, there are 32 of these jobs in the world, and a lot of these coaches have spent most of their lives working towards an opportunity for one of these jobs. It’s competitive in its very nature.

You’re asking a whole lot for a guy on the edge of realizing his life’s work to ask his billionaire employer to pump the brakes and make sure they have gotten some “real interviews” in with minority candidates before accepting.
Especially if that billionaire employer will turn around and leak to whoever is listening that you're "difficult" and "not a team player" for asking that question.

The NFL has never wanted an equitable hiring practice. They want the appearance of an equitable hiring practice. Those are two different things. They also want everyone to know their place. And asking questions like that ain't it.
 

BaseballJones

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“The NFL has never wanted an equitable hiring practice. They want the appearance of an equitable hiring practice.”

As true as this is, you could say that about a ton of other things.

“The government has never wanted XYZ. They want the appearance of XYZ.”

This Union has never wanted ABC. They want the appearance of ABC.”

(Depending on what XYZ and ABC are)

Lots of entities and people say they want something but what they really want is the appearance of that thing.
 

JimD

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It would be bad enough if what has been happening is that qualified black men are being continuually passed over in favor of their white peers who were otherwise essentially their equals in terms of job experience.

It is exponentially worse that they are getting sham interviews so that the team can so often hire the same retread white coaches who are getting their second or third shot at a head coaching position despite a complete lack of success in their previous jobs.

And there's always a comfy landing spot waiting as a coordinator after these guys flame out for the second or third time (see Turner, Norv; Marrone, Doug, etc.).

Team Flores all the way. I hope this story catches fire and embarrasses the NFL and its cozy owners club mightily.
 

tims4wins

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It would be bad enough if what has been happening is that qualified black men are being continuually passed over in favor of their white peers who were otherwise essentially their equals in terms of job experience.

It is exponentially worse that they are getting sham interviews so that the team can so often hire the same retread white coaches who are getting their second or third shot at a head coaching position despite a complete lack of success in their previous jobs.

And there's always a comfy landing spot waiting as a coordinator after these guys flame out for the second or third time (see Turner, Norv; Marrone, Doug, etc.).

Team Flores all the way. I hope this story catches fire and embarrasses the NFL and its cozy owners club mightily.
In fairness it feels (anecdotally) that both black and white coaches get the same amount of opportunities to return as coordinators. Romeo, Vance Joseph, Raheem Morris come to mind. Am I wrong on this point?
 

BroodsSexton

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“The NFL has never wanted an equitable hiring practice. They want the appearance of an equitable hiring practice.”

As true as this is, you could say that about a ton of other things.

“The government has never wanted XYZ. They want the appearance of XYZ.”

This Union has never wanted ABC. They want the appearance of ABC.”

(Depending on what XYZ and ABC are)

Lots of entities and people say they want something but what they really want is the appearance of that thing.
You say that like it's an excuse or justification. Maybe I'm misunderstanding you?
 

Average Reds

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“The NFL has never wanted an equitable hiring practice. They want the appearance of an equitable hiring practice.”

As true as this is, you could say that about a ton of other things.

“The government has never wanted XYZ. They want the appearance of XYZ.”

This Union has never wanted ABC. They want the appearance of ABC.”

(Depending on what XYZ and ABC are)

Lots of entities and people say they want something but what they really want is the appearance of that thing.
I am struggling to understand your point.
 

Mystic Merlin

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Elway’s seeming implication that Flores should have informed him of his perception of Elway’s decorum earlier is….something.

I also always love a good ‘I am so above responding to allegations but I cannot stay silent’ tactic.
 

jezza1918

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“The NFL has never wanted an equitable hiring practice. They want the appearance of an equitable hiring practice.”

As true as this is, you could say that about a ton of other things.

“The government has never wanted XYZ. They want the appearance of XYZ.”

This Union has never wanted ABC. They want the appearance of ABC.”

(Depending on what XYZ and ABC are)

Lots of entities and people say they want something but what they really want is the appearance of that thing.
Based on your posting history I am close to 100% sure you ARE NOT posting this as kind of justification, but as @BroodsSexton alluded to, it comes across that way IMO

edit: @BaseballJones - you must've posted seconds before I did. Thanks for clarifying.
 

Marciano490

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Elway’s seeming implication that Flores should have informed him of his perception of Elway’s decorum earlier is….something.

I also always love a good ‘I am so above responding to allegations but I cannot stay silent’ tactic.
My reaction when someone calls something defamatory - well, when’s the lawsuit and the discovery my dude?
 

HowBoutDemSox

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My reaction when someone calls something defamatory - well, when’s the lawsuit and the discovery my dude?
Are statements made in court filings subject to defamation suits? I thought there was a general immunity granted to statements made to the court during litigation (including pleadings, witness testimony, etc.) from being used as grounds for defamation, but I could be wrong/it may vary by state (and of course to the extent Flores is repeated that story outside of formal legal proceedings, that’s a different ballgame).
 

JimD

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In fairness it feels (anecdotally) that both black and white coaches get the same amount of opportunities to return as coordinators. Romeo, Vance Joseph, Raheem Morris come to mind. Am I wrong on this point?
I agree, that's fair to say.
 

Ralphwiggum

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Elway’s seeming implication that Flores should have informed him of his perception of Elway’s decorum earlier is….something.

I also always love a good ‘I am so above responding to allegations but I cannot stay silent’ tactic.
Seriously. "Hey John, um, I really want this job but I have to tell you you look disheveled and hungover. So, did I get it?"
 

BroodsSexton

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Are statements made in court filings subject to defamation suits? I thought there was a general immunity granted to statements made to the court during litigation (including pleadings, witness testimony, etc.) from being used as grounds for defamation, but I could be wrong/it may vary by state (and of course to the extent Flores is repeated that story outside of formal legal proceedings, that’s a different ballgame).
No.

(Simple answers...)
 

mauf

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“The NFL has never wanted an equitable hiring practice. They want the appearance of an equitable hiring practice.”

As true as this is, you could say that about a ton of other things.

“The government has never wanted XYZ. They want the appearance of XYZ.”

This Union has never wanted ABC. They want the appearance of ABC.”

(Depending on what XYZ and ABC are)

Lots of entities and people say they want something but what they really want is the appearance of that thing.
The NFL’s 32 owners are not a monolith.

When the owners adopted the Rooney Rule, I doubt more than a few were committed to increase diversity among the league’s coaching and front-office ranks as a matter of moral principle. A larger group (probably the majority) didn’t have moral conviction but were smart enough to realize that the whiteness of the league’s coaching and front-office ranks was bad for business. And I’m sure there was a third group that preferred to do nothing and viewed the Rooney Rule as a way to get people off their back without actually changing anything.

So I think it’s more nuanced than saying “NFL owners wanted change” or “NFL owners only wanted the appearance of change.”

The Rooney Rule might be sufficient to effect the desired change over time if you got rid of that third group of owners, but I don’t see that happening.
 

BusRaker

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You’re asking a whole lot for a guy on the edge of realizing his life’s work to ask his billionaire employer to pump the brakes and make sure they have gotten some “real interviews” in with minority candidates before accepting.
I am, and so is Flores who has a lot more to lose than I do. Until some prominent white people (Owners, GMs and HCs) in the "NFL system" and practically every other system step up and say "Yeah, Flores, Hue Jackson, Tony Dungy ... they're right" it will forever be the status quo.
 

8slim

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Race issues aside, isn't the bolded how a LOT of people get hired in any industry? I mean, if I am a hiring manager, and I know and trust one of the candidates, why wouldn't I hire that person? It's got nothing to do with a "good ol' boy network", more to do with being familiar with others. For example, I am in the pharma industry, and it is a very small world. If a former colleague that I know and trust reaches out regarding an open position, I am going to give them serious consideration. This happens frequently, like I said, this industry is a small world. And the NFL is an even smaller world.
It absolutely is. But, as my company has been educating our workforce on since the summer of last year, this practice is what leads to less diverse teams. It's natural for people to associate with those who are most "like them", and it feeds a loop where one knows a lot of similar people and then hire them for jobs. I realize 'good ol' boy network' is a loaded term. It takes a lot of work, and some bit of risk, to hire outside one's comfort zone.
 

Jimbodandy

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“The NFL has never wanted an equitable hiring practice. They want the appearance of an equitable hiring practice.”

As true as this is, you could say that about a ton of other things.

“The government has never wanted XYZ. They want the appearance of XYZ.”

This Union has never wanted ABC. They want the appearance of ABC.”

(Depending on what XYZ and ABC are)

Lots of entities and people say they want something but what they really want is the appearance of that thing.
No argument there. Problem is when it can be proven. If Flores et al. have proof that guys were promised jobs before other guys even interviewed, then the whole policy is shown to be a sham.
 

Jimbodandy

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It absolutely is. But, as my company has been educating our workforce on since the summer of last year, this practice is what leads to less diverse teams. It's natural for people to associate with those who are most "like them", and it feeds a loop where one knows a lot of similar people and then hire them for jobs. I realize 'good ol' boy network' is a loaded term. It takes a lot of work, and some bit of risk, to hire outside one's comfort zone.
Yes, and it takes some influence and a concerted effort. I've been lucky enough to find some candidates like that and nudge them over the finish line.

Rev had a post in the Breyer thread about shitloads of qualified candidates and the lie of "most qualified". In my career I've chosen interviewees from among a pile of candidates, all qualified. And then we interview 3-5, and 3 are still plenty qualified. Nobody knows for sure which one will do the "best" job, because they're all still CVs and bite-sized interview respondents. You make your best quess, but you can also look at the intangibles and consider them also. If your team is mostly middle-aged white guys, maybe an older or younger candidate, or a woman, or a person of color will bring some life experience that adds to the dynamic. In fact, they almost certainly will.
 

dirtynine

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I’m curious to know thoughts on, at any given time, how many human beings would actually be an excellent (not wanted or hire-able, but actually really good) NFL head coach - and how close that number is to 32*. It seems to me that the problem of racism (which is a huge problem) is exacerbated by a huge amount of inefficiency in matching coaches to openings - but I’m not sure about that.

For one, coaching candidates are hugely “trendy”, for lack of a better word. Recency bias plays a huge role. Luck plays a huge role. A Super Bowl-winning coordinator may have just scraped by in an earlier divisional playoff game because of an oppponent’s mistake. But after winning a title, they’re the next big thing for a time - even if maybe they’re not one of the most qualified people in the sport to fill such a role. Availability (or lack thereof) plays a huge role. Not every potentially great coach wants to be a coach at the exact moment an opportunity exists. And openings may not be available when a coordinator is perfectly timed to make a jump - “decent” head coaches don’t usually get fired and replaced by potentially better ones. It takes a bad season to do that. Family considerations play a role. Coaching trees play a role. Where a team is in a rebuild cycle plays a role. And on and on. These are all reasons that less-than-ideal candidates end up in head coaching roles, or why the best 32 candidates at any given moment are not necessarily the 32 actual NFL coaches.

Filling head coaching positions is a hugely efficient system. There is no invisible hand guiding the actual (not perceived) best candidates to the right positions. What would really help is if every coach and potential coach was a free agent every year. Obviously that’s nonsense - but it would probably allow talent to find its level more easily. This is not unlike what’s emerging in the NCAA with the transfer portal. A college player in an imperfect spot can suddenly be matched with a better situation, and potentially thrive. Every player is essentially on a one-season deal. Hell, it’s like Tinder - there was an inefficient traditional way to find suitable romantic partners, and now there’s something that adds a ton of market efficiency.

Without that, we have a hugely inefficient market that greatly amplifies the systemic racism that also exists. There’s a ton to battle through just to get to the part where we’re addressing racism on its face- and I’m having trouble pulling it all apart. Can the system actually be fixed without completely re-structuring it? Maybe this is what modifier “institutional” means?

*are there 32 qualified human beings on earth - of any combination of ethnicities - that would make excellent NFL head coaches right now?
 

8slim

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Yes, and it takes some influence and a concerted effort. I've been lucky enough to find some candidates like that and nudge them over the finish line.

Rev had a post in the Breyer thread about shitloads of qualified candidates and the lie of "most qualified". In my career I've chosen interviewees from among a pile of candidates, all qualified. And then we interview 3-5, and 3 are still plenty qualified. Nobody knows for sure which one will do the "best" job, because they're all still CVs and bite-sized interview respondents. You make your best quess, but you can also look at the intangibles and consider them also. If your team is mostly middle-aged white guys, maybe an older or younger candidate, or a woman, or a person of color will bring some life experience that adds to the dynamic. In fact, they almost certainly will.
Totally. I had an experience a few years ago where I was set to hire a woman who had been in a very different field than mine, but had great fundamental skills (it was a research job, and she was clearly excellent at the core aspects of that, she just needed to learn my industry). I was excited to bring in a different perspective, thought it would spark my team to reassess certain things we did. Well, the division leader I had her meet with as a sign-off didn't like that she had no experience in our industry, and sunk the whole thing. So you're point about influence is a good one.
 

Jimbodandy

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Totally. I had an experience a few years ago where I was set to hire a woman who had been in a very different field than mine, but had great fundamental skills (it was a research job, and she was clearly excellent at the core aspects of that, she just needed to learn my industry). I was excited to bring in a different perspective, thought it would spark my team to reassess certain things we did. Well, the division leader I had her meet with as a sign-off didn't like that she had no experience in our industry, and sunk the whole thing. So you're point about influence is a good one.
That's really fucking discouraging.
 

singaporesoxfan

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My reaction when someone calls something defamatory - well, when’s the lawsuit and the discovery my dude?
Eh, much as I think Elway is covering his butt here this seems like a very lawyerly view in general. Defamation as a concept has existed long before the legal definition, and people can feel aggrieved that their reputation has been sullied and aim to change that perception in the court of public opinion, without having to file lawsuits.
 

Marciano490

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Eh, much as I think Elway is covering his butt here this seems like a very lawyerly view in general. Defamation as a concept has existed long before the legal definition, and people can feel aggrieved that their reputation has been sullied and aim to change that perception in the court of public opinion, without having to file lawsuits.
I mean, if you think Elway chomped down on a pen and wrote that statement on his own without a lawyer...

Also, this may rise to per se defamation which is a much easier claim to make - is it true or not?

This would be pretty easy to prove with receipts, affidavits and texts, unless Flores is going to claim Elway was drinking by himself, in which case he may prefer to be alone.
 

joe dokes

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I mean, if you think Elway chomped down on a pen and wrote that statement on his own without a lawyer...

Also, this may rise to per se defamation which is a much easier claim to make - is it true or not?

This would be pretty easy to prove with receipts, affidavits and texts, unless Flores is going to claim Elway was drinking by himself, in which case he may prefer to be alone.
its all a rabbit hole, but just because he was traveling does not mean he wasn't hungover, too.
 

jcd0805

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Well this can definitely either be proven or disproven. Flight records and credit card statements can be subpoenaed. If they didn’t get in late, and there are charges to a local Providence restaurant the evening prior, Elway is fucked.
No he's not, he's not being charged with anything. The anecdote involving him is really just a blip it seems to me.
 

Kenny F'ing Powers

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Just to make sure I understand:

An hour after Flores files his suit, the NFL - obviously without ever looking into the accusations - releases a blanket statement of unwavering defense for the NFL teams and owners against Flores' baseless accusations.

24 hours later, they issue a statement that they'll be looking into the accusations.

And I'm supposed to believe they're seriously investigating this?

Ok.
 

cshea

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Just to make sure I understand:

An hour after Flores files his suit, the NFL - obviously without ever looking into the accusations - releases a blanket statement of unwavering defense for the NFL teams and owners against Flores' baseless accusations.

24 hours later, they issue a statement that they'll be looking into the accusations.

And I'm supposed to believe they're seriously investigating this?

Ok.
Well it's not like some footballs were missing air or anything.

Edit: And I believe they are only investigating the tanking stuff, not the hiring practices and sham Rooney Rule interviews.
 

Marciano490

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Just to make sure I understand:

An hour after Flores files his suit, the NFL - obviously without ever looking into the accusations - releases a blanket statement of unwavering defense for the NFL teams and owners against Flores' baseless accusations.

24 hours later, they issue a statement that they'll be looking into the accusations.

And I'm supposed to believe they're seriously investigating this?

Ok.
Well, either they adjusted because of pr backlash or because they found out there was something there and they had to pivot.
 

Mystic Merlin

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Well, either they adjusted because of pr backlash or because they found out there was something there and they had to pivot.
Right, the intensifying media attention and, presumably, frantic calls from their trusted gambling partners (and perhaps even network execs) probably forced a pivot.

Also, I think they have only reportedly committed (I don’t think they’ve publicly said this) to investigating the anti-competitive allegations against Ross, no?
 

Ralphwiggum

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Also if the Ross stuff ends up having legs it may be able to distract from the Giants stuff. Always gotta protect the Rooneys. If Ross has to be sacrificed in the process, so be it.

Edit: wrong family, meant Mara's.
 
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singaporesoxfan

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I mean, if you think Elway chomped down on a pen and wrote that statement on his own without a lawyer...

Also, this may rise to per se defamation which is a much easier claim to make - is it true or not?

This would be pretty easy to prove with receipts, affidavits and texts, unless Flores is going to claim Elway was drinking by himself, in which case he may prefer to be alone.
I was specifically not making a point about Elway; I was just saying generally it seems very lawyerly to assume that if someone claims that they've been defamed, they should sue or otherwise they're making an empty claim.
 

CentralMassDad

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Also if the Ross stuff ends up having legs it may be able to distract from the Giants stuff. Always gotta protect the Rooneys. If Ross has to be sacrificed in the process, so be it.
Why do the Rooney's need protection? It was they who initiated the rule in an attempt to address a problem-- hence the name "Rooney Rule." And, as much as it pains me to write it, and despite all of the "All 32 teams" comments in this thread, their organization not only initiated the rule, but backed it up where it counts, and stuck with their guy (who is very, very good) long term. Maybe you mean the Maras?
 

snowmanny

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I don’t understand how you can tell if somebody is hungover or why you would say that. Just describe him.
 

Ralphwiggum

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Why do the Rooney's need protection? It was they who initiated the rule in an attempt to address a problem-- hence the name "Rooney Rule." And, as much as it pains me to write it, and despite all of the "All 32 teams" comments in this thread, their organization not only initiated the rule, but backed it up where it counts, and stuck with their guy (who is very, very good) long term. Maybe you mean the Maras?
Yes sorry meant Mara's.
 

dcdrew10

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Also if the Ross stuff ends up having legs it may be able to distract from the Giants stuff. Always gotta protect the Rooneys. If Ross has to be sacrificed in the process, so be it.

Edit: wrong family, meant Mara's.
To be fair, the one of the Rooney's married to one of the Mara's. The fruit of said unholy alliance was two reasonably well-known actresses.
 

sodenj5

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Giants just released a statement and provided a full itinerary of Flores’s interview.

https://www.giants.com/news/statement-from-the-new-york-giants-february-3

The allegation that the Giants' decision had been made prior to Friday evening, January 28, is false. And to base that allegation on a text exchange with Bill Belichick in which he ultimately states that he "thinks" Brian Daboll would get the job is irresponsible. The text exchange occurred the day before Coach Daboll's in-person interview even took place. Giants' ownership would never hire a head coach based only on a 20-minute zoom interview, which is all that Mr. Daboll had at that point.
 
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Average Reds

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I don’t understand how you can tell if somebody is hungover or why you would say that. Just describe him.
Not sure how to answer other than saying that if someone is badly hung over, it’s really not hard to tell.

As for why he included that detail, it seems clear that he has endured so much humiliation (including the dismissive and disrespectful treatment by the Broncos) that he included that detail specifically to damage Elway. Whether that is smart is TBD. Whether it is justified depends entirely on whether you believe Flores.
 

cornwalls@6

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Giants just released a statement and provided a full itinerary of Flores’s interview.

https://www.giants.com/news/statement-from-the-new-york-giants-february-3
Am I wrong in saying this case is almost entirely going to hinge on BB's testimony? Who told him the Giants hiring plans, and when? We always assume he's playing 4D chess, all the time. But if someone who didn't really know WTF they were talking about reached out to him, and he jumped the gun in texting whichever Brian he was meaning to text, it falls apart, right? Doesn't seem like tanking and speculation about whether Elway was hungover 3 years ago will be enough to move the needle.
 

AlNipper49

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I don’t understand how you can tell if somebody is hungover or why you would say that. Just describe him.
Speaking from a career of working through hangovers, I sure as shit hope that they can’t be proven in court three years after the fact.

Maybe Elway just sucks, I can usually convince my wife that I wasn’t bad the night prior and get on with my day….and she lives with me. (Hopefully obviously)