“Attorney for NASCAR worked for the Judge": Influencer pulls back the curtain on the lesser-known lawsuit truth amid Judge change

NASCAR influencer Taylor Kitchen has unraveled the lesser-known truth about Judge Frank D Whitney, who was recently relieved from the antitrust case brought in by 23XI Racing and Front Row Motorsports. This comes after a sudden Judge change was announced without concrete justification as to why the change was made.

The lawsuit drama has turned bitter since it began on October 2 this past season. Judge Frank D. Whitney denied 23XI and FRM's preliminary injunction request to run as chartered teams in 2025. The organizations expressed suffering from 'irreparable harm' if the injunction is not granted. However, the plea was denied.

The teams appealed against the decision, citing a new circumstance -the upcoming deadline concerning the charter transfer from Stewart-Haas Racing. They have asked NASCAR to approve the transfer without forcing them to drop the lawsuit.

However, Judge Kenneth D Bell heard the latest arguments, and not Frank D Whitney, sparking concern among the community because no reason was stated behind the change.

Notably, Taylor Kitchen has unearthed a lesser-known fact about the case. She mentioned that NASCAR's local attorney, Jeffrey Kessler, has worked with Judge Frank D. Whitney as a clerk, for over a decade. While she didn't underline it as a cause of the change, it could be a factor.

"Judge Frank D Whitney that issued the ruling for the first preliminary injunction is no longer a part of the case, the new Judge is Kenneth D Bell. If you remember to the very beginning of all this when the teams announced they were filing this lawsuit, there was a potential conflict of interest mentioned. The local attorney for NASCAR worked for Judge Frank D Whitney as a clerk for over a decade," Kitchen said (6:08).

Kitchen highlighted that 23XI and FRM didn't express any issues with Frank D Whitney taking over their case, despite having ties with the rival.

"Judge offered to recuse himself before the case began, 23XI and FRM deemed that it wouldn't be an issue."

The Appeals Panel is yet to pass a verdict about whether 23XI and FRM can be allowed to race as chartered teams in 2025.

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NASCAR's charter transfer decision is proving detrimental to Haas Factory Team

Stewart-Haas Racing, co-owned by Gene Haas and Tony Stewart, shut its doors forever after the 2024 season. Haas has retained one charter for his new Cup Series team, HFT. The same team will field two Xfinity Series entries as well.

The teams is dependent on the sale of charters to fund their future endeavors, as the transfer would bring nearly $60 million equally split between the buyers. However, NASCAR's most recent decision has blocked the funds. That being said, Joe Custer, former SHR president and current HFT president, slammed the sanctioning body for not abiding by its promise.

Custer mentioned that NASCAR promised multiple times that the charter transfer would be approved. However, the officials changed their stance amid the lawsuit. As a result, Custer submitted an affidavit, stating his team doesn't have the resources to run the teams.

"23XI/FRM filing today includes affidavit from SHR's Joe Custer, who says that NASCAR had told him on more than one occasion (no dates given) that the transfers to 23XI and FRM would be approved. He said they do not have the personnel/resources to run two more teams."

According to the revised preliminary injunction, the charter transfer deadline is next week, and failure to fulfill the prerequisites would have a double impact -on 23XI-FRM, and HFT.