23XI and FRM’s owners have been outspoken all year about their displeasure with NASCAR’s Charter Agreement negotiations. Now that the two holdouts have sued NASCAR, their lawyer, antitrust legend Jeffery Kessler, is doing the talking. However, his Oct.2 interview on SiriusXM NASCAR Radio’s Dave Moody has stirred up some controversy.
You can listen to Kessler’s interview with Dave Moody on the SiriusXM app and Matt Weaver of Sportsnaut’s X account. There is good reason why Weaver’s post should be pointed out, which will be touched on momentarily.
When 23XI/FRM lawyer Jeffery Kessler stepped up to talk to Dave Moody on NASCAR Radio, it was a bold step. Though, for Moody’s part, as always, it was a very well-thought-out, concise, and respectful interview. However, Kessler’s comments about NASCAR and its owners are just as straightforward and well-thought-out.
Most of Kessler’s comments were all business, with talk of how the France family allegedly bullied the owners during Charter negotiations, how NASCAR has deep control not only the sport but the teams, and NASCAR’s alleged anticompetitive actions.
Moody’s questions mostly revolved around explaining the lawsuit, the team’s reasoning, and what the future holds. However, one heated exchange around the 6:56 mark revolved around Moody’s question about how the owners felt about signing the NASCAR Charter Agreement.
Kessler invoked what he referred to as “battered spouse syndrome,” implying that the team owners were backing away from their true feelings. Some have highlighted this comment as a reason for controversy around this interview.
Moody laughed and responded, “We’re talking about Rick Hendrick. We’re talking about Coach Joe Gibbs. We’re talking about independently wealthy, wildly successful businessmen who are not renowned for getting pushed around.”
In a fiery comeback, Kessler responded to Moody, “So I have spoken to some of those people. I’m not going to tell you who. Okay. And what they say publicly is not what they say privately. Okay.”
The interview overall was insightful and respectful. However, the fallout has been controversial.
@brakehard SIRIUSXM NASCAR DELETES INTERVIEW WITH JEFFREY KESSLER #nascar #racing #motorsport ♬ original sound – brakehard
In the aftermath of the interview, however, several fans went after Moody online. However, for the most part, Moody’s interview did what it should have. It started discussions and educated fans. However, Thursday morning, Denny Hamlin, co-owner of 23XI Racing, informed X that the interview was gone from the Sirius XM app.
Fortunately, Matt Weaver, as mentioned above, posted an entire recording of the interview on X. There were many reports that the available replay on the SiriusXM app would cut into an interview with Trackhouse Racing owner Justin Marks.
However, no one knows why exactly Channel 90 did this. While Kessler was opinionated in his answers, NASCAR should have expected that. Regardless, some have suggested that Kessler’s “battered spouse syndrome” comment could be the reason. Either way, the missing interview was bad PR for Channel 90, and it was back up by the end of the day.
While we may not ever know why this happened, the interviews deletion and reposting turned eyes and ears to it, which was the goal of both parties. However, how it affected fans’ opinions of the lawsuit may have gained more support for 23XI/FRM than NASCAR had hoped.
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