Frank McCourt calls MLB financing “a deal with the devil”

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One thing you learn pretty quick as a litigator is that, just because you can say something, doesn’t mean you should.  At least in court filings, where sometimes one’s rhetorical flourishes can go too damn far. Where one’s zealousness to make a sharp point leads one to say something in writing that they would never (one hopes) say to a person’s face.  I have this feeling Frank McCourt’s lawyers are about to be reminded of this, because the filing they just made with the bankruptcy court is over the top.

I haven’t read it yet — and given its length I may not —  but Eric Fisher of SportsBusiness Journal is tweeting the highlights from it, and he came across a doozy.  In arguing against the idea of allowing Major League Baseball to finance the operations of the Dodgers during the pendency of the case, McCourt argues that “it is well within [the Dodgers] business judgment to decline such a ‘deal with the devil.’ ”

That deal would be with Major League Baseball and its Commissioner Bud Selig.  Who, yeah, has been called a lot of things before, but I’m not sure he’s been called “the devil.” And certainly not by a major league owner.  And I’m guessing that a Delaware bankruptcy judge isn’t used to having a putatively sophisticated litigant before him who tosses around that kind of hyperbole in briefs during the preliminary rounds of a complicated business case.

In their weight, McCourt’s multiple arguments that he, and not Major League Baseball, is the more responsible steward of the Los Angeles Dodgers are laughable.  I mean, you can only say “up is down and black is white” so many times before you lose all credibility.  But I have this feeling that referring to an alternative financing plan — one that has better terms than the one he is offering — as “a deal with the devil” is going to make the judge pretty angry and put a big dent in whatever credibility McCourt and his legal team has at the moment.

Watch: Brian McCann’s incredible tag nails Greg Bird at home plate

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Things got a little wild in the fifth inning of Game 7 of the ALCS on Saturday. With one out and runners at the corners, Astros’ right-hander Charlie Morton fired a 1-1 fastball to Todd Frazier. Frazier returned the ball to third baseman Alex Bregman, who tossed a perfect throw over to Brian McCann at the plate just as Greg Bird came charging home. McCann’s setup was flawless, nailing Bird as he slid into the plate and nullifying the Yankees’ first real attempt to get on the board.

That’s as close as the Yankees have come to scoring so far. The Astros took an early 1-0 lead with Evan Gattis‘ 405-footer off of CC Sabathia in the top of the fourth inning. Jose Altuve chimed in with an opposite-field solo shot in the fifth, while McCann followed his lead-preserving tag with an equally jaw-dropping two-out, two-RBI double. Houston currently leads 4-0 in the bottom of the fifth.