Notes as Deshaun Watson’s lawyer, Rusty Hardin, speaks at length on podcast

It is clear that the Cleveland Browns acquisition of Deshaun Watson is the biggest story of the team’s offseason and, likely, the next five to ten years. It may not be hyperbole that the Watson trade was the most significant move in the entire offseason, especially when considering the 22 civil cases and the impact on former top overall pick Baker Mayfield.

While Watson’s civil cases may drag on for another year, his lawyer, Rusty Hardin, believes that the NFL will want to conclude its investigation this summer.

With the NFL meeting with Watson recently, Hardin decided to go on a podcast to discuss the case. A seemingly unusual act, Hardin joined “Between the Lines: A podcast about sports and the law” and answered many questions about the case.

For those who may not have time to listen to the entire podcast, we spent time transcribing some of the most important and most interesting quotes from Hardin while trying to keep each in context. For full context, we encourage you to listen to the podcast yourself as linked above.

It is important to remember that the below quotes are from Watson’s side of things and Hardin has a unique interest in presenting things in a way that puts his client in a good light and the opposing legal counsel in a negative one:

Where Things Stand

Ken Blaze-USA TODAY Sports

“We have talked to the NFL for three days so far.” Longest in NFL history.

“I don’t have a deadline, I suspect that the NFL wants to conclude their investigation sometime this summer.”

Explains what the process will be with the NFL, Watson and the arbitrator.

His Expectations

(Jeff Lange / USA TODAY NETWORK)

“Each of the cases that have risen, since the new collective bargaining agreement two years ago to set up this procedure, have settled…”

“I’ve always assumed all the publicity and everything it is going to be very hard for the NFL to have the courage to do what I think should be done which is no finding.”

Next Steps

Gary Vasquez-USA TODAY Sports

If no offense is found, no appeal on either side.

“What little sexual activity that occurred were consensual. Three out of 22 of the massages and that sexual activity was consensual.”

“The grand jury actions should put that to rest.”

Focused on the grand jury declining to bring charges “Our view as to whether there is any violation of any (NFL) code of conduct is actually decided by the grand jury.”

If there is discipline. “She decides what that punishment is going to be.” “The NFL thinks that Mr. Goodell could still change the punishment.” Union (NFLPA) and NFL disagree on this, he presented.

“At a hearing, I don’t know myself (if he is going to get to cross-examine)… We don’t know what the ground rules are going to be as far as she’s (arbitrator/judge) concerned, as far as the collective bargaining agreement is concerned. I’m comfortable that I’m going to be able to challenge, if it goes to that, I’m going to be able to challenge the accusations in some courtroom atmosphere or not. Whether it is in the civil cases or it is the judge and the (NFL’s) hearing.”

Thoughts on Professional League Disciplining Despite No Charges

Kirby Lee-USA TODAY Sports

“I think it is tremendously unfair to make findings against that player. I don’t necessarily object to an investigation. For them to independently verify that what the grand jury returned a no bill on… If they determined it was (verified), I think they should be bound by what the grand jury did.”

Process during Three Days of Meetings

“I don’t have any objection to the way that it was conducted. Overall, I thought they were very professional.”

“There is no question that they have taken these allegations very very seriously and they are investigating them very very deeply.”

“He’s been interviewed for three days…” With no rules.

“I didn’t object to any of the questions. I didn’t tell him… conduct it like a deposition where you can instruct your client not to answer.”

Provided everything to the NFL “as an ongoing basis during the investigation.”

Hardin's "Audience"

Kevin Jairaj-USA TODAY Sports

“I wanted a criminal investigation… I wanted them to file a criminal complaint.”

“From the beginning, we reached out to the police and the district attorney’s office… We are going to fully cooperate with you, we are going to give you everything we have.”

Non-Disclosure Agreements

Sam Navarro-USA TODAY Sports

“I didn’t want down the line the NFL to be concerned and think and have to answer to the public that we had bought silence.”

“Miami (Dolphins) changed that decision… As a condition, we had to settle all 22 of the lawsuits… He demanded non-disclosure agreements… It broke down because some of the women didn’t want to settle.”

“Buzbee (the opposing lawyer) was insisting on it because he didn’t want the public to know how little money he was getting so he wanted it private.”

“I’ve always said its possible one day they would settled if the amount was enough and transparent enough that it would indicate to everybody the nature of their allegations. Basically, they were being settled to get 22 matters behind you. I wanted that amount to be public and Buzbee did not… when the money had been agreed upon.”

Discussion with the Browns

“All four teams that were interviewed, once the dam broke, there has always been an understanding that they would stay out of trying to dictate or having to do with the civil cases.”

“They wanted to know what was going to happen in the criminal justice system.”

Timeline/Exempt List

Kirby Lee-USA TODAY Sports

“I still have no idea (of the timeframe/timeline)…”

On the use of the commissioner’s exempt list: “No, there was not. That issue is gone unless somebody else resurfaces.”

Deposition Leaks

Thomas Campbell-USA TODAY Sports

“Inaccurately. Buzbee (pictured on left) wasn’t even at that deposition… He (Watson) didn’t say it in his deposition. He didn’t leak the deposition, he called up and verbally told the reporter his version of what was said (in the deposition Buzbee wasn’t in).”

“The media bears some responsibility in this, too… The willingness to look behind the allegations goes out. Nobody wants to be associated with challenging the veracity of people in a milieu that frequently reeks of misconduct by others.”

Big Public Cases like Roger Clemens

Tom Szczerbowski-USA TODAY

Similar to his defense of Watson, Hardin goes on to share about his defense of Roger Clemens and the limited proof of any wrongdoing in relation to steroids.

“Generally, our approach and hope was that there would be that the system would put a vehicle to challenge these things and I wouldn’t have to do it each time (Buzbee/other make things public).”

“With Deshaun, it is the same thing (as it was with Clemens when it comes to feedback/communication from external).”

Biggest Misconception

Cleveland Browns quarterback Deshaun Watson smiles as he listens to head coach Kevin Stefanski

“That there was this massive sexual activity going on with him with massages. That he was trolling for massages on the internet to find people to have some kind of sexual activities with.”

“It is to whether or not in three of them there was oral sex at one point or another. That is what he very believably insists on and I think the evidence is going to show that.”

“Each of those teams did their own investigation to decide if they were willing to gamble on a guy who had 22 lawsuits… Each of them did their own considerable due diligence.” Notes that none of the four teams talked to the women as to avoid “obstruction of justice” charges.

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