ASHBURN, Va. — Washington Commanders owner Dan Snyder will testify voluntarily via Zoom before Congress on Thursday morning, according to a House Oversight Committee spokesman.
Chairman Carolyn Maloney (DN.Y.) wanted Snyder to testify under subpoena as part of her investigation into the franchise’s work culture, but Snyder wanted to do so voluntarily and therefore not under oath. The committee eventually agreed to let him do it voluntarily.
Thursday’s deposition, scheduled for 8 am, will be private, but the committee may release the transcript in whole or in part. The deposition is usually conducted by committee staff members, but other committee members may participate if they wish.
In a statement, the spokesperson said Snyder has “committed to providing full and complete testimony, and to answering the Committee’s questions about his knowledge of and contributions to the Commanders’ toxic work environment, as well as his efforts to interfere with the investigation.” inside the NFL. , without hiding behind non-disclosure agreements or other confidentiality agreements.”
The statement also said that if Snyder fails to live up to his commitments, the committee is “prepared to require his testimony on any unanswered questions upon his return to the United States.”
Maloney said in a letter earlier this month to Snyder’s attorney, Karen Patton Seymour, that he didn’t want Snyder to avoid answering questions by saying he couldn’t because he violated a confidentiality agreement. Seymour had said in a letter to Maloney that such concerns were “unfounded”.
Snyder’s testimony comes a day before the House begins its August recess. Maloney had issued a subpoena for Snyder, but it was never delivered. Snyder remains overseas and therefore cannot be served. According to the shipsfinder.com site, Snyder’s yacht is currently docked in the Mediterranean off the coast of Italy.
Snyder had told the committee that he did not want to testify earlier because he and his family were in Israel commemorating the first anniversary of his mother’s death with multiple events over several weeks.
US Marshals serve subpoenas on behalf of the committee in the United States but, according to a spokesperson, the Marshals Service “has no authority to serve a congressional subpoena internationally.”
Maloney could have waited for Snyder to return to the United States and served the subpoena at that time. If he then didn’t show up for his deposition, Congress could have held him in contempt. At that point, Snyder could have tried in court to have the citation quashed, a process that could have taken months. If Republicans regain control of the House after the November election, James Comer, the ranking minority member, said they would no longer pursue this investigation. That means Snyder could have avoided testifying under subpoena or otherwise.
There is a critical difference between testifying by subpoena and testifying voluntarily.
“If you’re under a subpoena, you have to answer the question posed,” Dave Rapallo, the House Oversight Committee’s Democratic personnel director from 2011 to 2021, told ESPN last month. “If it’s voluntary and you’re not under citation, you don’t do it.”
Many of the employees and former employees who participated in the NFL’s internal investigation into commanders’ work culture, which resulted in a $10 million fine in July 2021, have signed non-disclosure agreements, commonly called NDAs.
Although the committee’s statement made it clear that he expects Snyder to answer the questions, Rapallo said, “Snyder could tell the committee, ‘I’m not allowed to answer the question because there’s an NDA. You can claim you can’t answer because of the NDA unless let there be a subpoena.”
Earlier this week, the organization’s attorney for more than 40 former employees said in a statement that they want Snyder to resign from the NDA so their clients can speak to the committee. Snyder released them from the NDA to speak with attorney Beth Wilkinson when she investigated the NFL franchise. They were also released from them to speak with Mary Jo White, who is investigating a new allegation of alleged sexual misconduct by Snyder for the NFL.
“If it is true that Mr. Snyder does not intend to obstruct witnesses’ ability to speak with the Committee, we ask that he agree to waive any NDA for that purpose,” attorneys Lisa Banks and Debra Katz wrote. “That would provide much-needed comfort to my clients and many other witnesses so they can speak freely without fear of legal risk.”