Major League Soccer has a John Herdman problem

Last week, Canada Soccer fired former women's head coach Bev Priestman and two other members of the coaching staff after an independent report found that they illegally used drones to conduct surveillance on New Zealand women during the 2024 Olympics. The ruling is unambiguous: Priestman is gone.

Less clear is the fate of John Herdman, formerly the head coach of Canada women's national team and men's national team, and currently the head coach of Toronto FC — although maybe not for long. According to Steve Simmons, a sports writer at the Toronto Sun, Herdman's links to Dronegate mean he might soon get his walking papers.

Lying liars and the lies they tell

That might bring one New York City FC's stranger chapters to a close. In case you forgot, Herdman and some of his players got into an onfield scuffle with NYCFC after losing at home back on May 11. In his postgame press conference, Herdman shifted blame for the dust-up to New York City head coach Nick Cushing by repeating an accusation that he punched a Toronto player "in the face" almost two months earlier at Yankee Stadium.

It was a strange thing for Herdman to say. Think about it: When asked about an altercation that took place just minutes earlier, and that directly involved Herdman, the Toronto head coach calmly brought up a far more dramatic and, if true, offensive act that took place long before — and did it without offering any evidence.

It was a masterful example of deflection. For several days, headlines across the league and around the world repeated the accusation made against Cushing. No matter that Herdman was the one suspended by Major League Soccer, along with three players from Toronto and one from NYCFC, for their conduct on the field that day. Cushing didn't take part in the postgame scuffle, but he was the one whose name was dragged through the mud.

Back to the spying scandal. According to an investigation by the Canadian Broadcasting Corporation, Herdman originated the surveillance program after he took over the women's team, and brought it to the men's team when he became head coach in 2018. "Sources described a culture of spying inside the organization that dates back years to when John Herdman coached the women's national team," the CBC reported.

More than that, he seemingly created a culture of fear. "'No' wasn't an option," said a former player on the men's national team according to the CBC. "John Herdman put his staff under a lot of pressure. If his assistants refused they were put aside."

That directly contradicts what Herdman said in a Leagues Cup press conference in August, when he was asked if he used drones or other forms of spying when he was head coach of the women's or men's team.

"Can you say whether or not you had knowledge of or involvement in any type of drone use or any type of spying during your time?" a journalist asked.

After speaking to the importance of the integrity of the Olympic Games, the FIFA World Cup, and other "big events," Herdman answered, "I'm highly confident that in my time as a head coach at an Olympic Games or World Cup, we've never been involved in those activities."

It was a long, wordy way of saying "nope." However, the investigation published by the CBC refutes his statement. As does the findings of the report submitted by the lawyer Sonia Regenbogen to Canada Soccer.

Can't talk bye

Herdman isn't mentioned in the report summary, an eight-page rundown of what is said to be a 400-page document. But he is named twice in the "Additional Notes on the Executive Summary" under the subheading "John Herdman." First, it seems that Regenbogen tried to interview Herdman, but the Toronto head coach couldn't find the time to talk. Second, Canada Soccer "initiated a proceeding" with Herdman, and will investigate him further.

After Ms. Regenbogen was contacted by Mr. Herdman’s legal counsel, he was invited through his counsel to be interviewed for the investigation. Due to scheduling issues, the parties were not able to reach a mutually agreed time to meet.

Canada Soccer has initiated a proceeding with respect to Mr. Herdman under its Disciplinary Code. Given this, Mr. Herdman and Canada Soccer may engage further regarding this matter.

– Additional Notes on the Executive Summary

The first point is a head-scratcher: Could Herdman really not find time to speak to Regenbogen since she launched the investigation in August? There was no time he could find in September, or October? Remember, Toronto played their last match of the season on October 5, more than six weeks ago.

But the second point possibly explains the first. This investigation focused on the use of drones at the 2024 Olympics, which did not directly involve Herdman. Could it be that Regenbogen couldn't compel him to sit for an interview? Now that a separate investigation initiated by Canada Soccer will focus on Herdman, the federation could rule that he must cooperate.

Escape act

That is, as long as Herdman remains the head coach of Toronto. The club might be a part of MLS, but all soccer activities in Canada fall under the aegis of Canada Soccer, which means that Herdman is answerable to the federation.

That changes if he is fired, or to use the term of art, departs the club by mutual agreement. If Herdman stops coaching soccer in Canada, he will no longer be under the jurisdiction of Canada Soccer.

Such a move would let MLS off the hook as well.

It would rid the league of a charismatic but difficult head coach who remains popular in the Toronto locker room despite missing the playoffs. MLS like their dramas to be the kinds of stories you can air on Apple TV – see: The Drive To Survive-like docu-series the league commissioned from Box to Box Films – and not the messy, possibly illegal doings of a head coach who generated three three scandals inside of two years.

First, Herdman made global headlines at the 2022 FIFA World Cup, when he was head coach of the Canada men's team. "We're going to eff Croatia, that's as simple as it gets," he said with a smile before losing to Croatia 1-4. The crass comment was ridiculed widely, and stole the spotlight from a highly talented Canada that was knocked out of the Group Stage after failing to win a single game.

Then, there was his accusation against Cushing. After New York City lobbied MLS to investigate the allegation, the league ruled in June that "players and staff from both teams involved in the altercation exhibited poor judgment and engaged in behavior contradictory to MLS values" but that "no additional suspensions or fines" would be administered. It cleared Cushing but it didn't exonerate him, and the headlines quoting Herdman's unsupported and unproven accusation still live on the internet.

Finally, there is the ongoing drone spying scandal. Maybe Herdman thought that refusing to cooperate with Regenbogen would run out the clock, and allow him to avoid any accountability, but it turns out that plenty of stoppage time remains.

Unless he's pulled, and leaves the game.