Brett Favre’s lawyer is threatening to bankrupt sports talk show host Pat McAfee over defamation claims, but the YouTuber and former Indianapolis Colts punter is remaining defiant in the face of a recently filed lawsuit.
Attorney Eric Herschmann, a former Donald Trump advisor who testified against the former President to Congress’ January 6 committee, told podcaster Jason Whitlock that Favre’s defamation lawsuit against McAfee will result in penalty of ‘millions of dollars.’
‘If it bankrupts him then he will have learned his lesson about you don’t try to promote yourself by inappropriately and improperly attacking somebody else,’ Herschmann told Whitlock.
McAfee is one of three defendants being sued by Favre over ‘defamatory allegations’ related to the Green Bay Packers legend’s involvement in a $77 million welfare fraud scheme in Mississippi. Favre has not been charged in the case, which has already resulted in several guilty pleas, and he has repaid the $1.1 million he received for no-show speaking gigs. However, in December, Mississippi issued a new $5million demand as part of its lawsuit against Favre, saying he used anti-poverty funds to pay for a volleyball arena at his alma mater, the University of Southern Mississippi.
But while Herschmann is threatening to bankrupt McAfee, the popular the YouTube host welcomed the legal battle on Tuesday by tweeting a GIF of Dwayne ‘The Rock’ Johnson doing a ‘bring it on’ wave back in his WWE days.
Attorney Eric Herschmann (right), a former Donald Trump advisor who testified against the former President to the congressional January 6 committee, told podcaster Jason Whitlock (left) that Favre’s defamation lawsuit against McAfee will result in penalty of ‘millions of dollars’
Brett Favre’s lawyer is threatening to bankrupt sports talk show host Pat McAfee (left) over defamation claims , but the YouTuber and former Indianapolis Colts punter is remaining defiant in the face of a recently filed lawsuit
Favre is suing McAfee, FS1 host Shannon Sharpe, and Mississippi auditor Shad White over claims that the Hall of Fame quarterback knowingly received state welfare funds, which Herschmann denied to Whitlock.
Sharpe called Favre a ‘sleazeball’ on his FS1 show in September while accusing the retired quarterback of knowingly stealing $1.1 million in Mississippi welfare funds in exchange for speeches that he never made. McAfee, a former Colts punter, accused him of ‘stealing from the poor people of Mississippi,’ while White claimed Favre knew the origin of the welfare funds.
Speaking with Whitlock, Herschmann denied that his client knew the money he received came from funding intended for some of the poorest people in Mississippi.
‘Brett did not steal from the poor,’ Herschmann told Whitlock. ‘He didn’t do it. And the idea that somebody who’s given as much to Mississippi as Brett has given over the years, and has contributed as much and as helped as much as he can, the idea that he would do that is really unfathomable.’
The former Southern Mississippi star is seeking nominal and general damages from all three, ‘including compensation for injury to Favre’s character and reputation.’ He is also seeking unspecified punitive or exemplary damages.
Favre is among 38 individuals or organizations being sued by the state in May to recoup $24 million from the $77 million welfare scheme.
While Herschmann is threatening to bankrupt McAfee, the popular the YouTube host welcomed the legal battle on Tuesday by tweeting a GIF of The Rock doing a ‘bring it on’ wave back in his WWE days
Previously unearthed text messages from 2017 revealed Favre’s perceived efforts to divert $5 million in welfare to a new volleyball arena for the University of Southern Mississippi, his alma mater, where his daughter was playing the sport at the time. In one message, Favre wondered: ‘Is there anyway (sic) the media can find out where [the money] came from and how much?’
But speaking with Whitlock, Herschmann claimed the text messages had ‘nothing to do with the volleyball facility.’
‘Brett Favre was asked to do some promotional videos, and he was getting paid by a not-for-profit,’ Herschmann claimed to Whitlock. ‘So, like most celebrities, they prefer that when they get paid from various sources it’s not disclosed – and especially they don’t want it out there for not-for-profits. That had zero to do with anything else.
‘He did work and got paid for that work.’
Herschmann also addressed the lawsuit against Sharpe, whom he claims was warned to apologize for his claims about Favre before being sued.
‘So Shannon had a choice,’ Herschmann said. ‘The choice was real simple: ”Maybe you got worked up on your show. You had a chance to retract it. You didn’t, now you can try to defend it in court.”
‘And we’ll find out pretty soon who’s telling the truth and who isn’t.’
Favre is accused of attempting to funnel $5million into the new complex built at his alma mater, Southern Miss, where his daughter was playing volleyball in 2018. That scheme allegedly involved Nancy New, who ran a nonprofit in the state and has since pleaded guilty to fraud charges. Text messages purportedly showing Favre and New working on the scheme were included in a filing last week. In one from August of 2017, Favre texted New, asking: ‘If you were to pay me is there anyway the media can find out where it came from and how much?’
Herschmann also addressed the lawsuit against Shannon Sharpe (pictured), whom he claims was warned to apologize for his claims about Favre before being sued
As for McAfee, Herschmann insists the YouTube host was aware of Favre’s denials, but directed attacks against the 53-year-old retiree anyway.
‘It’s obvious when you listen to Pat McAfee he never read any of the complaints, he didn’t read the motion to dismiss,’ Herschmann said. ‘He just decided to get on his show and get as much attention as he could.’
McAfee addressed the defamation lawsuit on his show last week, saying that he doesn’t have a lawyer, while telling Favre’s legal team, ‘I’ll see you in court.’ He also refused to apologize for his claims, jokingthat his wife struggles to get any expressions of regret from McAfee.
Herschmann addressed McAfee’s response with Whitlock.
‘[McAfee] decides to go on and speak again and make a joke that he doesn’t have a lawyer and that his wife said he’s really terrible about apologizing,’ Herschmann said. ‘Well I guarantee you the jury in Mississippi will make certain he learns how to apologize.
‘It’s going to cost Pat McAfee millions of dollars and if it bankrupts him then he will have learned his lesson about you don’t try to promote yourself by inappropriately and improperly attacking somebody else.’
On Friday, McAfee appeared unconcerned with the lawsuit, while insisting he used the word ‘allegedly’ when discussing Favre’s involvement in the case, thereby bolstering his defense against defamation claims.
‘We take a lot of pride in our work,’ McAfee said alongside Friday’s guest panel. ‘We had to cover that situation. And we certainly said ”allegedly.”
‘And a lot of people are wondering how my lawyers are gonna handle this,’ he continued, raising a beer to his audience. ‘You know it: I ain’t got ’em. So let’s ride this f*****. I’m excited to see how it goes. I’ll see you in court, pal. Cheers to everybody and cheers to a ”Feel Good Friday” not being ruined by that at all.’
McAfee explained he was told by Favre representatives that he had a deadline to apologize and delete any online videos in which he commented on the Mississippi native. The Wednesday deadline passed without McAfee apologizing to Favre, and he was promptly sued in Mississippi on Thursday afternoon.
‘I was planning on doing it,’ McAfee joked about the apology. ‘We played pickleball. Oh I’m sorry.’
McAfee refused to deny making claims against Favre, reminding his audience that he did soften his accusations against the retired quarterback by using the word ‘allegedly.’
‘I don’t think this is ending anytime soon,’ McAfee predicted.
Fox Sports representatives have not responded to DailyMail.com’s request for comment.
Shad White (pictured) is being sued for defamation by Favre, who claims that the Mississippi Auditor repeatedly misled the public about his involvement in the case
In response to Thursday’s defamation lawsuit, White spokesman Fletcher Freeman issued a statement to DailyMail.com.
‘Everything Auditor White has said about this case is true and is backed by years of audit work by the professionals at the Office of the State Auditor,’ Fletcher wrote. ‘It’s mind-boggling that Mr. Favre wants to have a trial about that question.
‘Mr. Favre has called Auditor White and his team liars despite repaying some of the money our office demanded from him. He’s also claimed the auditors are liars despite clear documentary evidence showing he benefitted from misspent funds. Instead of paying New York litigators to try this case, he’d be better off fully repaying the amount of welfare funds he owes the state.’
A Favre spokesman directed a statement towards White in an email to DailyMail.com on Thursday.
‘Shad White has done a disservice to the people of Mississippi,’ Favre’s spokesperson told DailyMail.com. ‘Here is some free advice for Shad White: do what state auditors are supposed to do—fix the state’s failure to have controls in place to ensure that it properly safeguards the taxpayers’ money, not smear the reputations of private citizens to serve his own personal and political ambitions.’
The Favre spokesman also addressed Sharpe and McAfee: ‘Shannon Sharpe and Pat McAfee tried to further their careers by making baseless defamatory allegations against Brett Favre. Today, Brett Favre has sued both of them. Mr. Favre has spent his retirement from the NFL focused, on, among other things, helping people suffering from concussions. Sadly, Shannon and Pat have decided to spend their time making false public statements against Brett.’
As a public figure, Favre will need to prove actual malice against Sharpe, McAfee and White. There is also the truth doctrine, which allows individuals to avoid liability if their statement is deemed to be truthful.
And to determine whether or not White, Sharpe, and McAfee were speaking truthfully, there will be a discovery period, which may involve depositions.