Hub Arkush: Question isn't if Dallas Cowboys' Elliott will serve suspension, it's when In Elliott case, NFL has exercised authority it was given by the players By HUB ARKUSHSept. 7, 2017 CHICAGO — We have no idea whether Ezekiel Elliott is guilty of domestic abuse or not.CHICAGO — We have no idea whether Ezekiel Elliott is guilty of domestic abuse or not. Authorities in two different municipalities elected not to charge Elliott with a crime — not because of a lack of evidence, as Dallas Cowboys owner Jerry Jones would have you believe — but because of the he said, she said nature of the allegations and denials, and their inability to confirm the chain of possession of that evidence and whether the abuse clearly shown in the evidence was in fact caused by Elliott. It has been established that Elliott’s accuser is no choir girl, but that is absolutely no excuse for publicly shaming a victim of domestic violence, if in fact she is one. If Elliott is innocent in the matter for which the league has suspended him, I sincerely hope he is completely vindicated, but at this point that can only happen in a civil court. It has been established that while we don’t know what really happened with Elliott and his former girlfriend, he is far from a sympathetic defendant.Elliott inappropriately touched a different female at a St. Patrick’s Day parade this past spring, an incident noted by the league in its deliberations. Into this swamp leap the National Football League Players Association, its Executive Director DeMaurice Smith and Elliott attorney and former NFLPA lawyer Jeffrey Kessler to try and use the courts to overturn the six-game suspension the league has given Elliott. Elliott is suing the NFL, but his lawsuit cannot be about whether he is guilty of domestic violence, rather whether the NFL’s investigation of him and his appeal were conducted fairly and reasonably.The NFLPA’s first move was to go to the Eastern District Court in Texas — clearly seeking a homefield advantage — and ask U.S. District Judge Amos Mazzant III for a temporary restraining order to block Elliott’s six-game ban until he has his day in court. Now the NFL has gone to court in the Southern District Court of New York – also seeking a homefield advantage – asking the court to uphold the six-game ban and enforce it beginning in Week 2. Should Judge Mazzant grant Elliott’s request for the TRO with a decision expected by this Friday, it is possible Elliott could play the full season waiting for his case against the league to go to court. All of that is the great unknown. Here is what we do know. Elliott is going to lose and eventually serve a six-game suspension, and this whole issue has ceased to be about domestic violence and how the NFL deals with it.Smith, Kessler and the NFLPA are trying to make this about Elliott’s innocence, but it is now in fact about the spectacular defeat they suffered in negotiations on behalf of the players for the current Collective Bargaining Agreement and how they inexcusably but clearly gave Roger Goodell and Harold Henderson the ability and authority to do exactly what they’ve done in this case. What Elliott and his reps are battling now is settled law, and Elliott will lose just like Tom Brady did with a much better case than Elliott. Read the collective bargaining agreement. There is no question what the process is in these matters, or that the NFL has stayed within those boundaries.If Elliott is innocent, then I do feel badly for him, and if he’s guilty they should ban him for life, not six games. But this isn’t about that anymore. The NFLPA gave the commissioner of the NFL the authority to do exactly what he’s done to Elliott, unambiguously and unfettered, and now it’s asking the court to exceed its authority to fix the damage the Association did. The question isn’t whether or not Elliott is going to serve a six-game suspension, it’s when.