Jeff Gordon’s name raised eyebrows after appearing in the exhibit list submitted by 23XI Racing and Front Row Motorsports ahead of the Dec. 1 trial. The document includes everything from the original charter member agreement and media rights contracts to private chat transcripts and even photos of racetracks such as Five Flags Speedway.
So why is Gordon listed at all, especially when Rick Hendrick, his team owner and one of the most influential voices in the sport, has already filed a declaration supporting NASCAR’s charter system? If that name drop says anything, it’s this: the gloves are off, Michael Jordan and his attorneys aren’t walking into this courtroom, they’re storming it.
Why Jeff Gordon’s Inclusion Shifts the Stakes in 23XI’s fight against NASCAR
23XI and FRM have officially revealed their exhibit list just days before their antitrust showdown with NASCAR begins, and it’s already turning heads.
Filed on Wednesday, the 44-page document outlines the evidence their legal team plans to present in court over what’s expected to be a tense 10-day trial. And while many anticipated financial breakdowns, contracts, and internal records, the contents go much deeper and far more personal than most expected.
The list confirms that unsealed private message threads between high-ranking NASCAR figures and team executives will be presented. Among them: exchanges between Executive Vice President and Chief Strategy Officer Scott Prime and Commissioner Steve Phelps, conversations involving Roger Penske and Jim France, messages between Hendrick and France, and chats with Steve O’Donnell, Phelps, and Ben Kennedy.
Even communication involving Jeff Dickerson and Prime is flagged, setting the stage for internal politics and behind-the-scenes power dynamics to take center stage. But that’s only part of the story.
When the exhibit list surfaced online, one name immediately caught the attention of experts: Gordon, a four-time NASCAR Cup champion and Vice Chairman of HMS. In a striking move, the plaintiffs are highlighting a statement from the veteran noting that HMS hasn’t turned a profit in 10 years.
In 2022, Gordon joined 23XI investor Curtis Polk, Joe Gibbs Racing president Dave Alpern, and RFK Racing president Steve Newmark in publicly voicing concerns about NASCAR’s economic model ahead of negotiations for the series’ next domestic TV rights deal.
Polk was blunt: “We’ve gotten to the point where teams realise the sustainability in the sport is not very long-term. This is not a fair system.” Gordon, though, echoed the sentiment more cautiously, “Where we’re currently at is not sustainable.”
It’s clear, then, that dissatisfaction with NASCAR had been simmering behind the scenes for some time. But the stakes escalated dramatically when NASCAR filed a motion against the teams challenging its charter system. That move allowed the sanctioning body to secure declarations from some of the sport’s most influential owners, including Mr. H, Penske, Gibbs, Richard Childress, and several others, a stark signal that this trial would not pull punches.
The exhibit list further underscores the high-stakes nature of the proceedings, with extensive financial records that are usually kept tightly under wraps now on the table. From France’s personal tax returns to FRM’s income history, the Race Team Alliance’s 2022 filings, NASCAR Holdings’ consolidated statements, media rights revenue, and 23XI’s profit-and-loss statements, nothing appears off-limits.
The combination of private messages, high-profile declarations, and financial disclosures ensures that when the trial begins, it will not just dissect policies and charters; it will lay bare the inner workings, power struggles, and financial realities of modern NASCAR.
