Even the government now believes that the 2004 drug test seizure was illegal


In case you missed it over the weekend, the feds have agreed not to appeal the ruling that investigators illegally seized a list of baseball players who allegedly tested positive for steroids back in 2004.  Welcome news, even if it’s too late for Alex Rodriguez, David Ortiz, Sammy Sosa and the other 101 players who still stand the risk of having their putatively anonymous employee drug tests released by whoever it was who leaked the other names. Because that person still has the list, of course.

Throughout this entire drama, a large number of baseball fans have demanded that all of the names of those who tested positive be released. “Release the names!”  “Get it all out there!” “Clear the air!” they’ve cried, ignoring the fact that their “right” to know the drug test results of baseball players does not supersede the rights conferred by the Fourth Amendment to the Constitution of the United States of America. It has long been clear to me that such an approach is madness, because to do so would be to validate an illegal government search and would constitute a violation of players’ privacy rights.  Now even the government agrees with this, and there is no one who matters in the relevant litigation who believes that the search was anything other than a gross abuse of governmental power.

So, given that even the feds now agree that the search was unconstitutional, is there anyone out there who still thinks the names should simply come out?  If so, I’d love to hear the rationale. If you have one, be sure to explain how that rationale outweighs the Constitution.  It would also help if you could explain why your employer shouldn’t release your employee drug tests to the media and the general public as well.

Matt Harvey missed a mandatory workout today

Matt Harvey

Just when Matt Harvey drama seemed to be subsiding, Matt Harvey drama begins anew.

Adam Rubin of ESPN New York reports that the Mets starter missed a mandatory workout today at Citi Field. Sandy Alderson had no information about why Harvey was gone and Harvey was not excused by the team. Alderson gave no comment.

Just a few minutes ago Harvey showed up and upon getting in front of reporters issued a brief statement with little elaboration:


Because this is New York, you know darn well there will be more to this. We’ll update when it comes out.

Dan Jennings asked to return as the Marlins GM

Dan Jennings

Dan Jennings‘ tenure as the Marlins manager has not been great and the team is now actively looking for his replacement. But his old job is there waiting for him if he wants it, reports Clark Spencer of the Miami Herald: Jennings has been asked to come back as the team’s general manager.

Or maybe “asked” is not correct. Team President David Samson said “there’s no decision” for Jennings to make and that he’s still “a signed member” of the team’s front office, reporting to baseball operations president Michael Hill.

Reports last month suggested that Jennings would take a wait-and-see approach regarding returning to the Marlins front office, with hopes of possibly landing a GM job in another organization with greater control than he’s had and will have with the multi-headed Marlins management team. The Mariners, for one, were a team Jennings was said to have his eye on. But that job has been filled and it would not seem like such opportunities have presented themselves to him.

So: it would seem a good bet that Jennings is back upstairs with the Marlins soon. Because the Marlins fully expect him to be.