Latest On Ezekiel Elliott’s Appeal Effort
Ezekiel Elliott will be away from the Cowboys on Tuesday in order to face off with the NFL at his appeal hearing. But it sounds like the running back’s side knows it’s up against a fight it might not win in this setting.
However, Elliott’s camp and the NFLPA are prepared to fight this further. If the second-year back’s suspension is upheld, Elliott’s defense team and the union are likely going to file a lawsuit against the NFL, Charles Robinson of Yahoo.com reports.
The parties battling the NFL in this latest case are looking to challenge the league in court on a procedural violation they believe occurred, Robinson reports. The exact violation these groups believe the NFL committed is not known, but Robinson reports they are related to the NFL’s arranging of this appeal.
Elliott’s defense team wanted Roger Goodell to select an arbiter other than Harold Henderson, a former league exec whom the union does not view as independent, and wanted to make the running back’s accuser available for cross examination. Henderson denied each of these requests while also dismissing Elliott’s camp’s push to make Tiffany Thompson’s notes and six interviews with investigators available during this process.
The union and the armada of attorneys representing Elliott — one that now includes longtime NFL legal adversary Jeffrey Kessler — believe they have enough working against them here to make the case a procedural violation occurred, Robinson notes. A procedural violation helped Tom Brady and the union sue the NFL in 2015, and it ended up delaying his four-game Deflategate ban until 2016. This would allow a federal court challenge and delay this process, and ultimately, the suspension while the matter is being sorted out.
Cowboys Not Interested In Daryl Washington
Daryl Washington has been lobbying hard to sign with the Cowboys, but it’s just not happening. The Cowboys have no interest in signing the troubled veteran and are happy with their current group of linebackers as-is, Clarence Hill of the Dallas Morning News (on Twitter) hears. 
Earlier this summer, Washington detailed his vision for a comeback which started with joining the Cowboys and ended with a Hall of Fame induction. The Cowboys have a reputation for rolling the dice on players with checkered backgrounds, but the decision makers in Dallas do not feel that Washington’s promise offsets the potential headaches.
The linebacker was a Pro Bowler in 2012 after recording an eye-popping 134 total tackles with 9.0 sacks. He was productive again in 2013, but he has now been out of the game for three straight NFL seasons thanks to repeated violations of the substance abuse policy.
At this best, Washington was among the league’s top linebackers. Today, it’s hard to see him getting back into the league considering his age, rust, PED history, and alleged history with domestic violence.
Giants, Others Tried To Claim Kony Ealy
The Jets scooped up Kony Ealy after he was waived by the Patriots, but they weren’t the only team that wanted to claim him. The Giants, Redskins, Cowboys, Buccaneers, Lions, and Cardinals also put in claims on the veteran, Jane Slater of NFL Network and Kimberley A. Martin of The Buffalo News report (Twitter links). 
The Jets aren’t playing for much in 2017 and Ealy has just one year left on his deal, so one has to wonder if they could entertain trades for him. Clearly, there is a market for his services, even though he struggled in offseason practices with the Patriots.
For now, the 25-year-old profiles as a reserve behind the likes of Leonard Williams, Sheldon Richardson, Muhammad Wilkerson, and Steve McLendon. The defensive line is the Jets’ strongest unit, but it stands to reason that Ealy could make the cut when rosters go from 90 to 53 on September 2.
Prior to the trade that sent him to the Patriots this spring, Ealy had played his entire three-year career with the Panthers. The former second-round pick has started a combined 15 games over the past two years with identical stat lines in each campaign: 32 tackles and five sacks. He also added a total of five forced fumbles during that span.
Cooper Rush To Make Cowboys Roster
- Cooper Rush will earn a place on the Cowboys‘ roster as a backup quarterback, as owner Jerry Jones says Dallas will not try to sneak Rush through waivers in order to stash him on the practice squad (link via Rob Phillips of DallasCowboys.com). Rush, an undrafted rookie out of Central Michigan, is still in contention for the Cowboys’ No. 2 quarterback job behind Dak Prescott, although he’s competing with veteran Kellen Moore for that role. While Rush has completed 75% of his preseason passes for six touchdowns and no interceptions, Moore has posted a 54% completion rate, one touchdown, and one pick.
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Cowboys LB Anthony Hitchens Out 8 Weeks
Cowboys linebacker Anthony Hitchens suffered a tibial plateau fracture in his right knee in last night’s preseason game against the Raiders and will be sidelined for eight weeks, according to Todd Archer of ESPN.com. 
While a two-month absence is certainly not ideal, it’s far better news than a torn ACL, which is what Dallas initially feared Hitchens had suffered. Now, Hitchens could be placed on injured reserve but be designated to return later this season.
Losing Hitchens for the season would’ve constituted a large blow for a Dallas defense that can’t afford to take a step back after ranking 18th in DVOA a year ago. Hitchens, 25, started all 16 games for the first time in his career in 2016, and played the second-most defensive snaps (581) of any Cowboys linebacker. In that time, Hitchens posted 78 tackles and 1.5 sacks while grading as the NFL’s No. 49 linebacker among 86 qualifiers, per Pro Football Focus.
Dallas has several options to cover for the loss of Hitchens at middle linebacker, and one course of action could be Sean Lee moving to the middle, as Todd Archer of ESPN.com writes. Veteran Justin Durant is also capable of playing middle linebacker, while second-year defender Jaylon Smith had been set to serve as Hitchens’ direct backup. Smith, still recovering from a gruesome 2016 knee injury, won’t be inserted into the starting lineup, as Cowboys EVP Stephen Jones explained to Charean Williams of Pro Football Talk.
Cowboys Make Four Moves
- In a series of transactions, the Cowboys have waived/injured linebacker John Lotulelei and wide receiver Corey Washington, paving the way for the signings of LB Lamar Louis and WR Karel Hamilton. The most experienced member of the foursome is Lotulelei, who played parts of the 2013 and ’15 seasons with the Seahawks and Jaguars and combined for 16 appearances over those two years. He signed with the Cowboys earlier this year, as did Washington, who only joined the team 10 days ago. Washington’s lone action came as a member of the Giants in 2014, with whom he caught five passes in 14 games. Louis went undrafted out of LSU last year and played one game with the Cardinals as a rookie. The Ravens waived him from injured reserve last Sunday, the same day the Bengals parted with Hamilton. The undrafted rookie from Samford spent three-plus months with the Cincinnati organization.
Latest On Ezekiel Elliott
It sounds like Ezekiel Elliott may be fighting an uphill battle in his appeal. Hearing officer Harold Henderson has refused to require the NFL to make alleged victim Tiffany Thompson available, a source tells Mike Florio of Pro Football Talk (Twitter link). Henderson has also barred her notes and interviews from inclusion in the hearing, Ian Rapoport of NFL.com (on Twitter) hears. 
[RELATED: Could NFL Delay Elliott’s Suspension Until 2018?]
Based on the details of the case that have leaked over the last couple of weeks, it sounds like Elliott’s team is looking to raise questions about Thompson’s credibility and motives. Without being able to discuss her interviews, Elliott’s representatives might not be able to highlight her potentially bogus allegations of a domestic assault on July 22, 2016. NFL investigators have already acknowledged that Thompson was not entirely truthful about the events that transpired on that day.
Even if Thompson fabricated the events of 6/22, Elliott will still have to explain the bruises that Thompson was left with after other alleged arguments they had on the same week. When that time comes, he’ll be defending himself in person and not telephonically, Rapoport hears (Twitter link).
Elliott will miss practice on Monday and Tuesday in order to attend the appeal hearing.
Cowboys Notes: Elliott, Moore, Rush
Here’s a look at the Cowboys:
- A delayed suspension for Ezekiel Elliott is not out of the question, Mike Florio of PFT writes. Elliott could turn to the court system for a preliminary injunction, like former Vikings Pat Williams and Kevin Williams once did, which would bar the league from suspending him until the case ends. The Cowboys star might not be able to get his ban overturned in court, but there’s a chance that he could push the suspension to the 2018 season, if he goes that route. Elliott has indicated that he will sue the NFL if necessary, but he will first go through the league’s appeal process to see if he can have his six-game suspension overturned or reduced.
- Cowboys offensive coordinator Scott Linehan says he won’t rule out Cooper Rush for the team’s backup quarterback role just because of his lack of experience, as Brandon George of the Dallas Morning News writes. Linehan also has a longstanding relationship with Kellen Moore, but he says that will not be a factor either. Rush has yet to take a snap in a real NFL game, but he has completed 69% of his passes in three preseason games with four touchdowns and no interceptions. His emergence could impact the Cowboys’ final 53-man roster as Dallas may look to carry three QBs. Dallas could try to sneak Rush through waivers and on to the practice squad, but that’s a dicey proposition after his strong showing in the exhibition games.
- It’s possible that last year’s Josh Brown saga could impact Elliott in his appeal.
Josh Brown Precedent Could Play Into Ezekiel Elliott Case
- Last year’s Josh Brown episode could potentially factor into the NFL’s dealings with suspended Cowboys running back Ezekiel Elliott, as Mike Florio of Pro Football Talk points out. Brown, of course, was banned for only a single game even after admitting to abusing his ex-wife. Arbitrator Harold Henderson upheld Brown’s suspension at the time, and he’ll also be hearing Elliott’s appeal of his own six-game ban. “Mitigating factors” lead to the NFL suspending Brown for only contest, but the league has never disclosed what those factors were, per Florio.
Latest On Cowboys' Ezekiel Elliott
The NFL and the NFLPA were at odds last week over a purported leak in the Ezekiel Elliott saga. When the press learned that ex-girlfriend Tiffany Thompson thought about blackmailing the Cowboys running back with a sex tape, the league pegged the union as the source. The NFL wasn’t just guessing – Albert Breer of The MMQB was told that the league was explicitly told that the union was responsible for the leaks.