Washington Commanders owner Daniel Snyder’s attorney rejected the House Oversight Committee’s reasoning for wanting him to testify under subpoena later this month, saying he would do so voluntarily.
In a letter, attorney Karen Patton Seymour called the panel’s concerns that her client would withhold information if he did not testify under subpoena “baseless.”
On Tuesday, Committee Chairwoman Carolyn Maloney (DN.Y.) accepted Snyder’s offer to testify July 28 via video conference, but said in a letter to Seymour that the committee would issue a subpoena and wanted a response from Snyder by noon today.
Although the subpoena has been issued, it has not been served on Snyder, who is still overseas, multiple sources said. U.S. marshals serve subpoenas on behalf of the commission in the United States, but according to a spokesman, the Marshals Service “does not have the authority to serve a congressional subpoena internationally.”
Seymour could have accepted the subpoena on Snyder’s behalf, but he did not.
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In October, Congress launched an investigation into the workplace culture of Snyder and Washington under his ownership, including allegations of sexual misconduct. Roughly four months earlier, the NFL concluded an investigation and fined Washington $10 million. Congress launched its investigation after complaints about the NFL’s lack of transparency about what it learned. Attorney Beth Wilkinson presented her report orally, which led to the original fine.
There is a difference between whether someone testifies voluntarily or under subpoena, according to Dave Rapallo, director of the Federal Law Clinic at Georgetown University and the Democratic director of the House Oversight and Reform Committee from 2011 to 2021.
“If you’re called, you have to answer the question that’s asked,” Rapallo said. “If it’s voluntary and you’re not called, don’t do it.”
The committee’s concern was also related to non-disclosure agreements. Maloney wrote that “you made clear to committee staff that voluntary disclosure would preclude matters covered by nondisclosure agreements.” Maloney also alleged that Snyder has a “disturbing history of using NDAs to cover up misconduct in the workplace.”
Seymour responded by saying that Snyder is not subject to any NDA, which “conditions his ability to share information solely upon receipt of a subpoena.” She wrote that Snyder and the commanders waived the NDA to allow cooperation with Wilkinson as part of her investigation into the NFL.
Seymour also indicated that the commission invited him to testify voluntarily at a June 22 hearing. NFL Commissioner Roger Goodell testified at the hearing. But Snyder declined the invitation, saying he had a previous work engagement in France; he attended an award ceremony.
“We are confident that Mr. Snyder will be able to testify fully and completely during his voluntary appearance,” Seymour wrote. “The July 12 letter also falsely suggested that Mr. Snyder had previously refused to cooperate. On the contrary, since the Committee first requested that he volunteer to testify at the June 22 hearing, Mr. Snyder has been fully committed to cooperating with the Committee’s Inquiry.”
Seymour suggested two dates Snyder would be willing to testify: July 28 and July 29, the last two days the House is in session before it goes on recess for August.
The Chiefs begin training camp on July 27. It’s not unusual for Snyder to miss the start of camp in recent years. He did not attend last year as his wife, Tanya, took charge of the team’s day-to-day operations following the NFL’s internal investigation into allegations of sexual misconduct and workplace culture.
At the NFL meetings in March, Goodell said Snyder would not represent the team on a day-to-day basis for the “foreseeable future” and that they would discuss his return “at some point.” According to a league source, that discussion has yet to take place.
Seymour told the committee that Snyder was unavailable for most of July because he was in Israel to mark the one-year anniversary of his mother’s high-profile death.
ESPN’s Tisha Thompson contributed to this report.
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