Day 2 of the antitrust trial ended with a jolt, and not the kind NASCAR expected. After more than three hours of pointed questioning from NASCAR attorney Lawrence Buterman, Denny Hamlin walked off the stand carrying the weight of every accusation and counterpunch. Yet the final moments of the day suggested 23XI Racing and Front Row Motorsports still had a trump card tucked away, and by sunset, they slid it onto the table.
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Earlier, Richard Childress had signaled his own fury when internal text messages became public, revealing senior NASCAR executives mocking the RCR owner.
The messages, including former President Steve Phelps calling him an “idiot” and a “redneck,” prompted Childress to consider legal action. Now, it appears his response may hit even harder.
According to The Teardown podcast with Jeff Gluck and Jordan Bianchi, NASCAR informed the judge that 23XI Racing and Front Row Motorsports intend to call Richard Childress as a witness. In other words, Kyle Busch’s team owner will take the stand as a witness for the plaintiffs. His testimony is expected to focus on the newly surfaced executive messages.
Jeffrey Kessler, lead attorney for 23XI and FRM, added fuel to the fire by noting that one unnamed team plans to testify in support of NASCAR, claiming it approves of the current charter agreement.
Kessler pointed out that this same organization has lost significantly more money than his two clients, raising the question of how such a stance can be reconciled with the financial reality. Although he declined to name the team publicly, he asked the court for permission to discuss its situation in detail.
Going live on The Teardown shortly here to recap Day 2: https://t.co/OXz7dDTbei
— Jeff Gluck (@jeff_gluck) December 2, 2025
Judge Bell rejected sealing the courtroom, stating that transparency is essential in a public trial. He instructed both sides to avoid disclosing specific financial figures while upholding the principle of open proceedings.
Nevertheless, the potential addition of Childress as a witness intensifies an already fraught landscape. Hendrick Motorsports and Joe Gibbs Racing have maintained a neutral posture throughout the dispute, choosing not to take a clear stance on NASCAR.
If Childress steps forward as a plaintiff witness, the balance shifts yet again, positioning three of the sport’s influential organizations at odds with the sanctioning body.
So far, the courtroom narrative has revolved around Hamlin’s claims about sponsorship battles, charter valuations, rising costs, and his position as a 40% co-owner of 23XI Racing. He has been pressed repeatedly on his finances, his projections, and the business logic behind the team’s grievances. But with Childress preparing to enter the conversation, the dynamics may change dramatically.
