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Was it unethical for the New York Times to report the leaked PED-users’ names?

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It’s always fun to rip on The Blogger Murray Chass when he writes something ill-advised, bitter and ridiculous.  But sometimes he writes something bitter and thought-provoking (sorry: bitter is just part of the deal with him these days).

For example, over the weekend he noted how neither the New York Times nor the New York Daily News (UPDATE: Seen note below re: the Daily News) were quick to report the decision by the Justice Department to not appeal the court’s ruling that the PED-tests of the famous 104 were illegally seized.  While such editorial oversights are often innocuous, I agree with Chass that given how zealous both the Times and their PED-reporter Michael S. Schmidt and the Daily News with their Steroids “I-Team” have been in reporting even the tiniest PED-related story over the years, the fact that they were so slow to report what was truly big news in this regard was more than a little curious.  Almost everything those two outlets have written on PEDs over the past few years has been premised in some way on the list of anonymous PED tests from 2004. You tellin’ me that a final decision that the lists were illegal to begin with isn’t newsworthy? C’mon.

What interested me most, though, was that in the course of making that argument, Chass says this about Schmidt:

Michael S. Schmidt, the Times’ steroids specialist best known for inducing lawyers to violate a court seal and name protected names, did not respond to e-mail requests for comment, but Jay Schreiber, the Times’ baseball editor, did. Schmidt’s efforts incidentally in outing three players looks even worse now that the list of names can never be revealed. If there had been any good reason for the publication of those names or any names I might feel differently, but it served no purpose other than to serve some readers’ prurient interest and perhaps the reporter’s ego.

At the outset, let’s keep in mind that Chass has ripped every single New York Times baseball reporter repeatedly over the past few years because he himself was forced out of the New York Times and he just can’t stand it, thereby fueling his bile. But is Chass wrong to rip Schmidt for being the guy to report the names leaked as a result of the illegal search?

I wouldn’t rip Schmidt personally for it like Chass does but I think he and the Times made the wrong decision to name the names.

This is obviously a stance many would not agree with. Free press and free speech and all, both concepts of which I am a near-fanatical supporter.  Unlike some, I don’t think the Wikileaks guy should be assassinated. I believe that Nazis should be able to march in Skokie, Illinois.  I think the rule against yelling fire in a crowded movie house is a pretty good one, but I am skeptical of most other limits on information’s desire to be free.

But I was and continue to be troubled by the fact that the information in question here was taken in violation of the Fourth Amendment. And that the person leaking this information to Schmidt did so in violation of multiple court orders. And that, assuming the person is a lawyer, which I do assume, they did so in violation of their responsibilities as a member of the bar and officer of the court as well. Heck, because I happen to be a licensed attorney, I don’t believe I’d be acting ethically if someone gave me the names from that list and I reported on them.  Depending on the circumstances, I may very well be ethically-obligated to report the leaker to the bar.

Schmidt and most other reporters are not so limited. I realize that I’m probably in a very tiny minority on this issue, but I do think that reporting on those names is a less-than-clear-cut case from an ethical perspective, and I was and continue to be troubled by the New York Times’ reporting of the names.

UPDATE:  It has been brought to my attention that the Daily News did, in fact, report the government’s decision not to appeal the court’s ruling on December 12th.  Chass missed this and I committed an unforgivable journalistic sin in relying on Chass’ information. I mean, really, of all the people in the world to trust, why would I trust some lowly blogger?  So, apologies to the Daily News, who did get on this story earlier than Chass or I said they did.

Aroldis Chapman will rejoin the Yankees on Monday

New York Yankees relief pitcher Aroldis Chapman goes into his windup against the Toronto Blue Jays during the fifth inning of a spring training baseball game Thursday, March 10, 2016, in Tampa, Fla. (AP Photo/Chris O'Meara)
AP Photo/Chris O'Meara
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Yankees reliever Aroldis Chapman was suspended 30 games by Major League Baseball under its domestic violence policy for an offseason incident in which he allegedly pushed and choked his girlfriend, then discharged a firearm at least eight times in his garage. Monday marks game number 30, and Chapman is set to rejoin the club then, MLB.com’s Bryan Hoch reports. Manager Joe Girardi plans to insert Chapman directly into the closer’s role if a save situation arises against the Royals on Monday.

Chapman will make two appearances in the Gulf Coast League this week to continue warming up. He had been throwing in extended spring training games at the Yankees’ complex in Tampa.

The Yankees acquired Chapman from the Reds at the end of December, sending Caleb Cotham, Rookie Davis, Eric Jagielo, and Tony Renda to Cincinnati in return. While the back end of the bullpen hasn’t been an issue for the Yankees, seemingly everything else has for the 8-15, last place club.

Hunter Harvey to undergo sports hernia surgery

Baltimore Orioles pitchers Chris Tillman, left, and Harvey Hunter (62) watch Brian Matusz throw a bullpen session during a spring training baseball workout in Sarasota, Fla., Monday, Feb. 23, 2015.  (AP Photo/Gene J. Puskar)
AP Photo/Gene J. Puskar
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Orioles pitching prospect Hunter Harvey will undergo sports hernia surgery this week, Eduardo A. Encina of the Baltimore Sun reports. He’ll be out of action for the next four to six weeks as a result.

Harvey suffered a groin strain during a minor league spring training game last month and reaggravated it during an extended spring training game last Thursday. A specialist found a tear which requires surgery to mend.

The 21-year-old Harvey remains the prospect in the Orioles’ minor league system (according to MLB Pipeline) despite not having advanced past the Single-A level. He last pitched in a regular season game on July 25, 2014. The right-hander has suffered a litany of injuries in the time since, including an elbow issue and a fractured leg.

The Potomac Nationals will play a triple-header on Wednesday

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On Monday, the Potomac Nationals were slated to play the Lynchburg Hillcats in a match-up of two Single-A teams. The game, however, was suspended in the fifth inning. The goal was to play a double-header on Tuesday — a nine-inning game followed by a seven-inning game.

Tuesday’s double-header, however, was postponed due to wet grounds. So the Nationals and Hillcats will play a triple-header on Wednesday starting at 3:00 PM EDT. The suspended game will be resumed in the fifth inning and then the two sides will play two seven-inning games, per the Potomac Nationals.

That, well, is something. Minor leaguers don’t get paid enough to play 19 innings (at least) in one day.

Brian Cashman on Yankees’ slow start: “Some leashes might be shorter than others.”

New York Yankees general manager Brian Cashman watches live batting practice during a spring training baseball workout Monday, Feb. 22, 2016, in Tampa, Fla. (AP Photo/Chris O'Meara)
AP Photo/Chris O'Meara
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Yankees GM Brian Cashman isn’t exactly thrilled with the way his team has played over the first 23 games. The Yankees were swept by the division rival Red Sox over the weekend, running their losing streak to five games and sending their record down to 8-15, good for last place in the AL East.

As David Waldstein reports for the New York Times, Cashman says he may be forced to make some changes soon. “There’s only so long you can allow it to go on before tinkering. But it just needs to stop,” Cashman said.

Cashman continued:

“I’ve done this job a long time and I put this roster together,” Cashman said. “I feel it’s significantly better than it has performed, and when it doesn’t perform up to expectations over the course of time, I have a history of making changes. I would rather not go that route, but when you are forced to do so, you are forced to do so.”

Who have been the biggest contributors to the Yankees’ demise?

Cashman said, “Some leashes might be shorter than others.”

Headley likely has the shortest leash. Utilityman Ronald Torreyes has hit well, boasting an .875 in a limited sample of 24 plate appearances, but he could cut into Headley’s playing time at third base if Headley can’t figure things out. Outfield prospect Aaron Judge could get called up. Outfielder Aaron Hicks, who has taken only 28 PA thus far, could also be in line for more playing time.