“Polk’s individual role was at the very center of the plot.” These words constitute part of the countersuit filed by NASCAR in the first week of March. Curtis Polk is involved in the sport as he has an ownership stake in 23XI Racing. However, NASCAR’s singular attack on Michael Jordan’s right-hand man is not being taken lightly by the prosecution side in the NASCAR lawsuit.

It has been five months since 23XI Racing and Front Row Motorsports took the sport’s executives to court. With every progressing month, the details of this legal case are getting uglier. NASCAR recently alleged that Curtis Polk was in cahoots with other Cup Series teams to sway them against signing the charter deal in 2024, and also accused him of hampering NASCAR’s image while they negotiated their media rights deal. While these accusations are pretty brutal, Michael Jordan’s faction is standing strong.

Michael Jordan cautions against a divided approach

The six-time NBA champion and Curtis Polk go back a long way together. The latter has advised Michael Jordan since 1989, managing his financial and business affairs, family office, and related companies. Their joint projects include managing Hornets Sports & Entertainment and the launch of Nike’s Jordan Brand in 1997. Polk was also the executive producer of ‘The Last Dance,’ the award-winning docuseries chronicling the Chicago Bulls and Jordan’s NBA rise. Lastly, Jordan and Polk were part of creating the 23XI Racing team – so of course they would be in synergy, having worked for 30 years.

So when the prosecution formulated a response to NASCAR’s countersuit, they were united. Michael Jordan made his stance clear via a spokeswoman, clearly indicating that he and Curtis Polk are a singular unit. “Curtis and MJ stand united. His perspective is if you are coming after Curtis, you are coming after him,” said the spokeswoman. “He doesn’t look at this as just business. It’s personal.”

Christopher Yates, who is representing NASCAR in the lawsuit, alleged that Polk does not understand the sport. He further claimed that Polk believes “it should be much more like the NBA or other league sports.” However, Denny Hamlin, 23XI Racing co-owner, vehemently defended Polk: “That’s like saying a chef doesn’t know how to cook. He’s built Michael Jordan’s empire for the last 30 years. The guy knows the business. Curtis has just been fantastic for our team and certainly a pioneer, I believe, and a trailblazer for new ideas that our team uses every single time we hit the racetrack and how we do business.”

This is not the first time that NASCAR has taken to task somebody who scrutinizes the sport. In 2015, Rob Kauffman of Fortress Investment Group bailed out a faltering Michael Waltrip Racing. An elite group of Cup Series team owners picked him to chair the Race Team Alliance, as NASCAR was creating the first charter system in 2016.

Like Curtis Polk, Kaufmann was not simply satisfied by the adrenaline rush from 200 mph stock cars racing each other. He wanted to understand why the France family-owned series allegedly monopolizes the support and suggested that money should not be invested into non-chartered teams, but something for the overall NASCAR community. Kauffman felt that having open cars outside the charters devalued the charters themselves. While Polk and 23XI Racing aren’t fighting for the same cause, their ideology stems from the charter agreement benefitting NASCAR more than anyone else.

So Curtis Polk may have a strong case to defend for himself. And a part of the NASCAR Cup Series garage discreetly supports him.

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Words of support for NASCAR’s target

Well, we saw the division when NASCAR dropped the new charter deal. Last September, the sanctioning body gave a 12-hour deadline to sign a 105-page document, a seven-year charter renewal agreement. 13 out of 15 Cup Series teams ended up signing it, with some team executives confessing they felt ‘coerced’ to do so. When 23XI Racing and Front Row Motorsports took it a notch above and went to court, others even admired their bravery. As things turned uglier in the courtroom, the rest of the Cup Series garage adopted a divided approach yet again.

During the race weekend at Las Vegas Motor Speedway, many team executives were asked about the NASCAR lawsuit. Most declined to comment on the latest fallout with Curtis Polk. Some expressed displeasure at Michael Jordan’s team, believing that NASCAR would not go easy on them if Jordan and Co. won the lawsuit. Indeed, NASCAR threatened to disband the charters altogether. However, others believe that is an empty threat, as the charter system is already in place for 7 years.

A few others spoke out in favor of Curtis Polk, who has been singularly targeted. Michael Jordan’s associate was a spokesperson for the Race Team Alliance, so many still remember his contributions. Veteran team owner Richard Childress defended him, albeit discreetly: “Curtis hadn’t did anything that anyone else hadn’t did. He didn’t do nothing that everybody else on the RTA did and that’s all I will say. Curtis didn’t do anything to anybody and that’s the quote.”

Clearly, NASCAR’s attack needs to be stronger. Not only Michael Jordan but also other Cup Series team owners are firmly defending Curtis Polk.