Crain and Company

Pat McAfee has not been shy in publically defending himself against allegations of defamation by Brett Favre. Favre’s lawyer feels as though McAfee’s comments before and after he was served with a lawsuit are going to come back to bite him.

Eric Herschmann is a lawyer representing Favre in defamation suits against McAfee, Fox Sports’ Shannon Sharpe, and Mississippi state auditor Shad White. He’s also notable for serving as a defense lawyer for Donald Trump during the former president’s first impeachment trial and being a significant witness during the January 6th congressional hearings. He appeared on The Daily Wire’s Crain & Company earlier this week to discuss the case. When asked if he felt like this was going to be a slam dunk victory, Herschmann agreed.

“We think it’s a slam dunk,” Herschmann said. “I will tell you that Shannon Sharpe — since he’s been sued — has been quiet. Pat McAfee keeps talking about it and in all of my years as an attorney and being a prosecutor previously, I don’t think I’ve ever seen a defendant build a case against themselves…more than Pat is.”

Favre is suing the trio over comments they made regarding the former NFL quarterback’s alleged involvement in a welfare scandal that saw millions of dollars meant for the state’s poorest citizens redirected to him as well as his alma mater, the University of Sothern Mississippi, for the construction of a volleyball complex.

McAfee discussed the allegations against Favre on multiple occasions on his show, saying the Green Bay Packers legend was “stealing from poor people in Mississippi right now.” He also dedicated time on his show to announce that he had been served with the lawsuit and that he was  “excited to see how it goes. I’ll see you in court, pal.”

Herschmann, meanwhile, doesn’t see McAfee’s defense as holding up as airtight as the podcast host does.

“His defense was, ‘Oh, I threw in the word ‘allegedly’ but two things is; the things that we cite, he didn’t throw in the world ‘allegedly,’ and secondly if he did any research or had a lawyer looking, that’s not really a defense.”

When one of the hosts asked if they were considering suing other media members, specifically citing Bomani Jones as an example, Herschmann said that “there are other people out there and we’ve made our decision to start here.”

[Crain & Company]

About Sean Keeley

Along with writing for Awful Announcing and The Comeback, Sean is the Editorial Strategy Director for Comeback Media. Previously, he created the Syracuse blog Troy Nunes Is An Absolute Magician and wrote 'How To Grow An Orange: The Right Way to Brainwash Your Child Into Rooting for Syracuse.' He has also written non-Syracuse-related things for SB Nation, Curbed, and other outlets. He currently lives in Seattle where he is complaining about bagels. Send tips/comments/complaints to