Mark Geragos, the attorney for Colin Kaepernick in his collusion case against the NFL, says John Elway violated a confidentiality order the league has imposed in the case with his recent comments to the media about potentially signing Kapernick.

“Well, you know what, and I said this a while ago, Colin had his chance to be here,” Elway said last week via Yahoo Sports, referring to trade talks between the Denver Broncos and the San Francisco 49ers in 2016 that were ultimately squashed when Kaepernick refused to take a $4.9 million pay cut. “We offered him a contract. He didn’t take it. As I said at my deposition , and I don’t know if I’m legally able to say this, he’s had his chance to be here. He passed it.”

Elway seemed to recognize in the midst of his comments that he may have violated the order, and Geragos wasted no time in pointing out that the Broncos’ executive vice president clearly disobeyed what the league has been holding over his own head like a “club.”

“Mr. Elway, clearly he violated the protective order that the NFL has been wielding like a club at me,” Geragos said on his Reasonable Doubt podcast with Adam Corolla. “And he’s apparently suffering from some real brain trauma.”

Elway was deposed, along with Dallas Cowboys owner Jerry Jones and Houston Texans owner Bob McNair, in Kaepernick’s grievance that the league has colluded to keep him unemployed because of his social justice protests that involve kneeling during the national anthem. Kaepernick remains unsigned for what is soon to become the second consecutive season.