The NFL can not publicly release the results of its internal investigation into the matter. Washington CommandersAccording to a document released by the congressional investigation into the NFL on Friday morning, Daniel Snyder was not allowed to use the property.
Friday’s second document was also released by the House Committee for Oversight and Reform. It shows how Beth Wilkinson, who was hired to investigate the team internally, requested a written investigation from Beth Wilkinson’s legal firm.
Roger Goodell, NFL commissioner, previously claimed that the league could not release the internal investigation as Wilkinson had presented her findings orally.
The NFL provided Friday’s documents as part its response to the Congressional investigation into Snyder’s toxic work environment over decades.
Five women presented their stories of sexual assaults and harassment to Congress on Thursday. Tiffani Johnson, who was the former marketing and events coordinator of the team, said that Snyder touched her during a 13-year-old work dinner. Snyder released a statement in which she denied the allegations.
Multiple members of Congress, including women, are demanding that the NFL release its report to public.
Rep. Raja Krishnamoorthi, a Democratic-Illinois, noted during Thursday’s roundtable discussion that “The NFL has released reports about Ray Rice, the Carolina Panthers“Deflategate,” but nothing about sexual harassment and Washington.
Krishnamoorthi and Rep. Carol Maloney (D.New York), the chairperson of the committee, wrote Goodell a second letter Friday morning in the wake Johnston’s revelations.
Maloney and Krishnamoorthi write to the commissioner saying that Maloney and Krishnamoorthi claim that the NFL withheld Ms. Wilkinson’s findings to protect the “security, privacy, and anonymity” of more than 150 witnesses who bravely spoke to Ms. Wilkinson. This justification has been seriously doubted by both the investigation of the Committee and the NFL’s own legal documentation.
In October, Congress began an investigation into the team and demanded that the NFL release the Wilkinson Report as well as any other documents related to her investigation. Some documents have been provided by the NFL to the committee staff, but not all. Krishnamoorthi stated to ESPN that Wilkinson’s NFL report has not been provided to them yet and that there are over 650,000 documents and emails related to the investigation.
Friday marks the first release by the congressional committee of any documents submitted to it by the NFL.
In August 2020, Washington Commanders will become the Washington Football. TeamWilkinson and her company signed a retainer agreement, also known as an “Engagement letter”, at that time. Although some of the text is redacted, the agreement states Wilkinson’s company will “complete a written review of its findings and make recommendations about any remedial actions.”
According to a statement made by the Congressional Committee Friday morning, “After assuming supervision of the investigation however, Mr. Goodell personally instructed Ms. Wilkinson that he was to present him oral, not writing, findings in a stark deviation from the League’s past practices.”
NFL.com published a news release of four pages on December 15, 2021.
Maloney, Krishnamoorthi and Goodell wrote in a new letter that “Your decision not release the writing report is deeply concerning”.
A “Common Interest Agreement”, dated September 8, 2020, was signed one month after the agreement with Wilkinson. It details how the NFL & the team agreed to follow a “joint strategy,” and that they would not share any confidential documents or information shared during the investigation without either the NFL or the team’s consent.
According to the congressional committee, the document appears to have retroactive application to July 16, 2020, which is the date of the start of the internal investigation by Ms. Wilkinson.”
According to Friday’s statement, the staff and lawyers of the Committee have taken this to mean that the NFL might not have been allowed to release the Wilkinson investigation results to the public under the agreement. Snyder has been accused of numerous acts of sexual misconduct by his employees, including yesterday’s Committee roundtable.
Attorneys for the team answered the committee when asked if the team had threatened, discussed, or asserted its privilege pursuant to the terms of the agreement. They also stated that the NFL and Team have always acted in a way consistent with the maintenance and enhancement of that privilege. There have been many discussions (which are privileged) regarding the preservation and enhancement of that privilege.
Maloney’s and Krishnamoorthi’s letter to Goodell state that the NFL pulled out of the common interest agreement around the time Congress opened its investigation.
“These documents, which were gathered as part of Wilkinson’s investigation, were stored on servers maintained by a third-party vendor. There they still are. Each party now claims that without the other’s consent, the documents cannot be accessed or released to them by the Committee. This is despite the NFL withdrawing from the agreement. Withholding consent and dissolving their mutual interest agreement, the parties may be trying to create a legal limbo that will prevent the Committee obtaining key documents.
ESPN did not reach Snyder, the NFL or any other participants in the congressional investigation.
This report was contributed by John Keim, ESPN.