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Kessler Says DOJ Critiques of House Settlement Are Off Base

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Kessler Says DOJ Critiques of House Settlement Are Off Base

The Justice Department’s statement of interest criticizing the NCAA’s preliminarily approved settlement to resolve the HouseCarter and Hubbard antitrust litigations is off the mark, attorney Jeffrey Kessler told Sportico in a phone interview on Saturday.

The DOJ’s court filing was made in a California federal district court late Friday. Among other critiques, the DOJ objects to colleges paying athletes 22% of a defined formula for averaged shared revenue. The DOJ finds this arrangement inadequate because the “cap” has not been collectively bargained with a union (there is no union for college athletes since they are not employees and unions consist only of employees). 

The cap, the DOJ highlights, means D-1 schools won’t be able to compete for college athletes by offering them “additional value beyond that limit for use of their [NIL].” The DOJ finds it problematic that an NCAA member school “is not permitted to spend what it wants … to compete for the services of college athletes.” While the new amount (around $21 million a year for a school’s athletes) is dramatically greater than the old amount ($0), it is “still fixed by agreement” among competing businesses. Price fixing by competitors is generally disfavored under antitrust law.

The DOJ is also worried that the NCAA and power conferences can use the settlement, which is set to last 10 years, as a defense in future antitrust cases. As the DOJ sees it, the NCAA might “attempt to use a private, negotiated settlement as a shield in future litigation.” To corroborate that concern, the DOJ references an email from NCAA and power conferences attorney Rakesh Kilaru sent to DOJ attorneys in which Kilaru noted his clients “retain all rights” to rely on the settlement. 

Kessler, a partner at Winston & Strawn and a lead attorney in several historic sports litigations, stressed the settlement, if granted final approval by U.S. District Judge Claudia Wilken following a hearing on April 7, will lead to college players being paid “billions of dollars.” He also underscored the settlement will change longstanding NCAA rules that have denied players any compensation. 

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A settlement is also just that—a settlement—meaning it reflects the give-and-take of a deal. Both sides, including the NCAA, need to find the prospect of settling better than continuing to litigate. The players and the NCAA (and power conferences) could have kept litigating and rolled the dice. They would have also had to accept spending many years in court since federal appeals in antitrust cases can last a long time. They instead opted to cut a deal. Wilken is not charged with determining if the settlement is ideal or optimal for the players. She must assess if it satisfies a lower bar: The settlement must be fair, reasonable and adequate for class members and adequately resolve the alleged antitrust problems.

As to the possibility of the settlement being used as a defense, Kessler emphasized “there is no release of antitrust claims,” either by the Justice Department—which is not a party to the litigation—or future players. 

If elite athletes who are currently 12 years old wish to challenge NCAA rules on antitrust grounds in five years, the athletes can do so. The settlement doesn’t release future claims. The two sides expect the 12-year-olds won’t bring a lawsuit and will instead accept the compensation figures that have been set in the House settlement, but if the 12-year-olds want to sue, they can. 

The NCAA can use the settlement as a legal defense, but a defense is only as persuasive as found by a court. A defense is not an antitrust immunity or exemption. It’s also not as if the House settlement has dissuaded the filing of antitrust lawsuits. Since Wilken granted preliminary approval last October, Vanderbilt QB Diego Pavia has challenged NCAA eligibility restrictions on JUCO transfers on antitrust grounds and Southern Mississippi basketball player John Wade III has challenged the NCAA’s five-year eligibility period on antitrust grounds. 

The timing of the DOJ’s filing is important for at least a few reasons.

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First, the filing was made with less than three days to go before President-elect Donald Trump is sworn in as the 47th president of the United States. Trump, his nominee for U.S. attorney general, Pam Bondi, and incoming attorneys for the DOJ’s antitrust division might not agree with the DOJ’s position as expressed in Friday’s statement and could withdraw or amend the statement.

Trump’s DOJ, including its antitrust division, will also take months to fill out. The U.S. Senate must confirm Trump’s nominee for the assistant AG of the antitrust division (Gail Slater) and positions in that department will gradually be filled. Time is of the essence: Wilken is set to decide on final approval after a hearing 11 weeks from now. Trump’s DOJ might not be ready to express a viewpoint by then. This could create an uncertain landscape for Wilken to know the DOJ’s position, which could make the DOJ’s filing on Friday seem less authoritative. 

Second, the timing of the DOJ’s statement could deflate its legal arguments. The DOJ could have raised these same points last year, including before Wilken granted preliminary approval in October, but waited until the final hours of the Biden administration. Those points were also already raised by seven former and current D-I athletes in their court filing last October, which might have been a better time for the DOJ to weigh in. Rushing to file the statement before Trump takes office could be interpreted as the DOJ, under the leadership of President Joe Biden and Attorney General Merrick Garland, believing Trump and Bondi hold different views. 

Lastly, it’s telling that while the DOJ opines the House settlement doesn’t do enough for college athletes because of underlying antitrust concerns, the DOJ hasn’t sued the NCAA over those concerns. The DOJ, while under the leadership of Democratic and Republican presidents, could have challenged these rules at various points over the last 70 years. In fairness to the current DOJ, it did join a lawsuit (Ohio v. NCAA) last year over NCAA transfer rules. And in 1998, the DOJ sued the NCAA under the Americans with Disabilities Act over treatment of college athletes with learning disabilities. But the DOJ could have, and didn’t, challenge numerous other NCAA rules in recent decades as the same college athletes at “big time” programs generated massive revenues for their schools and weren’t paid. 

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‘God of War’ Creator Says TV First Look Is ‘So Dumb’ and ‘Terrible’: Looks Like He’s ‘S—ing in the Woods’

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‘God of War’ Creator Says TV First Look Is ‘So Dumb’ and ‘Terrible’: Looks Like He’s ‘S—ing in the Woods’

David Jaffe, the creator of the “God of War” video games, took to his YouTube channel on Saturday to slam the first look image from Amazon Prime‘s upcoming “God of War” TV show. He said the frame, which features franchise hero Kratos in the woods with his son, was “so bad in so many ways.”

“I’m sure everybody’s trying real hard, [but] it’s so dumb,” Jaffe said. “But let’s be incredibly clear, okay? Two things can be true. This can be a terrible image, and it is. It’s so bad in so many ways, which we’ll talk about in a moment. And Ron Moore is awesome, who is the showrunner… This guy is a juggernaut of a talented fellow. I have absolutely no doubt it is going to be a good show.”

Jaffe added that he doesn’t mind that star Ryan Hurst isn’t a dead ringer for Kratos, but instead takes issue with his expression and pose in what he described as a “dumb fucking image.”

“Kratos in this pose with this expression, not the guy’s face, but this expression, he just looks stupid,” Jaffe explained. “If you’re going to reveal, to most people, a brand new character that you hope is going to carry your series, for the first time, and they’ve never really seen this before, and this is the way you introduce them?”

He continued, “Maybe that’s conscious. Maybe they’re like, ‘Well, what we really want to focus on is the father-son story. And if we focus on him being like, Spartan rage, and all that, maybe people are like, “I don’t want to watch that show.”’ Ok maybe. But then, at that point, could you find a picture that doesn’t look like he’s shitting in the woods? Cause that’s what the picture looks like.”

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Amazon Prime unveiled the first look photo on Feb. 27. Along with Hurst as Kratos and Callum Vinson as his son, other cast members include Max Parker as Heimdall, Ólafur Darri Ólafsson as Thor, Mandy Patinkin as Odin, Alastair Duncan as Mimir, Danny Woodburn and Jeff Gulka as brothers Brok and Sindri and Ed Skrein as Baldur.

Watch Jaffe’s entire reaction below.

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Iran nuclear talks ‘didn’t pass the smell test’ before Trump launched strikes, says Vance

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Iran nuclear talks ‘didn’t pass the smell test’ before Trump launched strikes, says Vance

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Vice President JD Vance confirmed Monday that negotiations with Iran over its nuclear program collapsed after U.S. officials concluded Tehran’s claims “did not pass the smell test,” prompting President Donald Trump to authorize Operation Epic Fury.

Speaking on “Jesse Watters Primetime,” Vance said U.S. envoys — including Steve Witkoff, Secretary of State Marco Rubio and Jared Kushner — had conducted rounds of “deliberate” talks in Geneva with the Iranian delegation.

The discussions were aimed at curbing Tehran’s nuclear program in exchange for sanctions relief and averting a broader conflict, he said, but ultimately broke down.

“But the Iranians would come back to us and they’d say, ‘Well, you know, having enrichment for civilian purposes, for energy purposes, is a matter of national pride,’” Vance said.

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Omani Foreign Minister Badr al-Busaidi, President Donald Trump’s Special Representative for the Middle East, Steve Witkoff and U.S. negotiator Jared Kushner meet ahead of the U.S.-Iran talks, in Muscat, the capital of Oman, on Feb. 06, 2026.  (Oman Foreign Ministry/Anadolu via Getty Images)

“And so we would say, ‘OK, that’s interesting, but why are you building your enrichment facilities 70 feet underground? And why are you enriching to a level that’s way beyond civilian enrichment and is only useful if your goal is to build a nuclear bomb?’” he said.

“Nobody objects to the Iranians being able to build medical isotopes; the objection is these enrichment facilities that are only useful for building a nuclear weapon,” Vance clarified.

“It just doesn’t pass the smell test for you to say that you want enrichment for medical isotopes, while at the same time trying to build a facility 70 to 80 feet underground,” he explained.

TRUMP DECLARES ‘I GOT HIM BEFORE HE GOT ME’ AFTER IRAN’S SUPREME LEADER KILLED IN STRIKE

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This image from video provided by U.S. Central Command shows a missile being launched from a U.S. Navy ship in support of Operation Epic Fury on Saturday, Feb. 28, 2026. (U.S. Central Command via AP)

Vance spoke as Operation Epic Fury ended its third day. Launched on Feb. 28, U.S. and Israeli forces carried out coordinated precision strikes deep inside Iran aimed at crippling Tehran’s missile arsenal and nuclear infrastructure.

A key issue had been Iran enriching uranium to high levels, including material around 60% purity — a fraction of weapons-grade but far above limits set under the 2015 nuclear deal — keeping international alarm high over proliferation risks.

“We destroyed Iran’s ability to build a nuclear weapon during President Trump’s term,” Vance told Watters. “We set them back substantially. But I think the President was looking for the long haul,” he said.

“Trump was looking for Iran to make a significant long-term commitment that they would never build a nuclear weapon, that they would not pursue the ability to be on the brink of a nuclear weapon.”

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FIRES RAGE AT IRAN’S BANDAR ABBAS NAVAL HEADQUARTERS, STRAIT OF HORMUZ TRAFFIC STALLED

Vice President JD Vance speaks with Breitbart News Washington bureau chief Matthew Boyle at Andrew W. Mellon Auditorium, Nov. 20, 2025, in Washington.  (Julia Demaree Nikhinson/AP Photo)

“He wanted to make sure that Iran could never have a nuclear weapon, and that would require fundamentally a change in mindset from the Iranian regime.”

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“The President is not going to rest until he accomplishes that all-important objective of ensuring that Iran can’t have a nuclear weapon, not just for the next few years, not just because we obliterated for dough or some other.”

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“There’s just no way that Donald Trump is going to allow this country to get into a multiyear conflict with no clear end in sight and no clear objective,” Vance added while describing that the administration would prefer to see “a friendly regime in Iran, a stable country, a country that’s willing to work with the United States.”

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Why Trump invoked regime change in attacking Iran, and the media must learn from past mistakes
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Unexpected birth brings hope to near-extinct Amazon tribe

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Unexpected birth brings hope to near-extinct Amazon tribe

Pugapia and her daughters Aiga and Babawru lived for years as the only surviving members of the Akuntsu, an Indigenous people decimated by a government-backed push to develop parts of the Amazon rainforest. As they advanced in age without a child to carry on the line, many expected the Akuntsu to vanish when the women died.

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That changed in December, when Babawru – the youngest of the three, in her 40s – gave birth to a boy. Akyp’s arrival brought hope not just for the Akuntsu line but also for efforts to protect the equally fragile rainforest.

“This child is not only a symbol of the resistance of the Akuntsu people, but also a source of hope for Indigenous peoples,” says Joenia Wapichana, president of Brazil’s Indigenous protection agency, known as Funai. “He represents how recognition, protection and the management of this land are extremely necessary.”

Protecting Indigenous territories is widely seen as one of the most effective ways to curb deforestation in the Amazon, the world’s largest rainforest and a key regulator of global climate.

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Researchers warn that continued forest loss could accelerate global warming. A 2022 analysis by MapBiomas, a network of nongovernmental groups tracking land use, found Indigenous territories in Brazil had lost just 1 per cent of native vegetation over three decades, compared with 20 per cent on private land nationwide.

In Rondonia state, where the Akuntsu dwell, about 40 per cent of native forest has been cleared, and what remains untouched is largely within conservation and Indigenous areas. The Akuntsu’s land stands out in satellite images as an island of forest surrounded by cattle pasture as well as soy and corn fields.

In the 1980s, an agriculture push sparked attacks in Rondonia

Rondonia’s deforestation traces back to a government-backed push to occupy the rainforest during Brazil’s military regime in the 1970s. Around the same time, an infrastructure program financed in part by the World Bank promoted domestic migration to the Amazon, including the paving of a highway across the state.

In the 1980s, Rondonia’s population more than doubled, according to census data. Settlers were promised land titles if they cleared the forest for agriculture and risked losing claims if Indigenous people were present, fuelling violent attacks by hired gunmen on Indigenous groups such as the Akuntsu.

Funai made first contact with the Akuntsu in 1995, finding seven survivors. Experts believe they had numbered about 20 a decade earlier, when they were attacked by ranchers seeking to occupy the area. Funai agents found evidence of the assault, and when they contacted the Akuntsu, the survivors recounted what happened. Some still bore gunshot wounds.

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The last Akuntsu man died in 2017. Since then, Babawru lived with her mother, Pugapia, and Aiga, her sister. The women, whose ages aren’t known for certain, have chosen to remain isolated from the non-Indigenous world, showing little interest in it.

In 2006, Funai granted territorial protection to the Akuntsu, establishing the Rio Omere Indigenous Land, which they have since shared with the Kanoe people. The two groups, once enemies, began maintaining contact, usually mediated by officials. The relationship is complex, with cooperation but also cultural differences and language barriers.

The Associated Press requested a facilitated interview with the women through Funai, but the agency didn’t respond.

Amanda Villa, an anthropologist with the Observatory of Isolated Peoples, says Akuntsu women depend on Kanoe men for tasks considered masculine, such as hunting and clearing fields. The two groups have also exchanged spiritual knowledge – the current Kanoe spiritual leader, for example, learned from the late Akuntsu patriarch.

But the most consequential development for the future of the Akuntsu may have occurred last year, when Babawru became pregnant by a Kanoe man.

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Linguist Carolina Aragon is the only outsider able to communicate with the three women after years studying and documenting their language. She works closely with Funai, translating conversations almost daily through video calls. Aragon also supported Babawru remotely during her labour and was with her during an ultrasound exam that confirmed the pregnancy.

Aragon said Babawru was stunned by the news. “She said, ‘How can I be pregnant?’” Aragon recalled. Babawru had always taken precautions to avoid becoming pregnant.

Social collapse shaped the Akuntsu’s choices

The surviving Akuntsu women had decided they would not become mothers. The decision was driven not only by the absence of other men in their community, but also by the belief that their world was disorganised – conditions they felt were not suitable for raising a child.

“You can trace this decision directly to the violent context they lived through,” says Villa, the anthropologist. “They have this somewhat catastrophic understanding.”

The Akuntsu believed they could not bring new life into a world without Akuntsu men who could not only perform but also teach tasks the group considers male responsibilities, such as hunting and shamanism.

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“A breakdown of social relations that followed the genocide shaped their lives and deepened over the years. That does lead people to think – and rethink – the future,” Aragon says. “But the future can surprise everyone. A baby boy was born.”

Aragon says the women were embarking on a “new chapter”, choosing to welcome the child and adapt their traditions with support from the Kanoe and Funai. Villa says the fact that the newborn is a boy creates the possibility of restoring male roles like hunter.

Researchers and officials who have long worked with the three women understood that protecting the territory depended on the Akuntsu’s survival as a people. They sought to avoid a repeat of what happened to Tanaru, an Indigenous man who was discovered after living alone and without contact for decades.

After the discovery, authorities struggled to protect Tanaru’s territory. After he died in 2022, non-Indigenous groups began disputing the land. Late last year, the federal government finally secured the area, turning it into a protected conservation unit.

Funai’s Wapichana says Babawru’s child “is a hope that this next generation will indeed include an Indigenous person, an Akuntsu, ensuring the continuity of this people.”

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Through years of careful work, Funai secured territorial protection for the Akuntsu and helped foster ties with the Kanoe. The agency also arranged spiritual support from an allied shaman, allowing the women to feel safe bringing new life into the world after decades of fear and loss.

The Akuntsu form emotional bonds with the forest and with the birds. Now, they are strengthening those bonds with a new human life in their world.

“What kind of relationship will this boy have with his own territory?” Aragon says. “I hope it will be the best possible, because he has everything he needs there.”

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