bourn getty

The Mets should not be able to keep their first round pick if they sign Michael Bourn

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We mentioned yesterday that the Mets are asking Major League Baseball to allow them to keep their first round pick this year — the 11th pick — in the event they signed Michael Bourn. This despite the fact that the new CBA says that only top-10 picks are protected if a team signs a player who has been given a qualifying offer.

Ken Rosenthal lays all of the reasoning out in his column today. The thinking: the Mets would have been the tenth pick had the Pirates not been awarded their own compensation pick for failing to sign Mark Appel, their first round pick from 2012. The Mets were the 10th worst team, the thinking goes, so they should be able to keep their pick even if it’s now technically the 11th. Rosenthal notes that the Mets and the union would support this deviation but that Major League Baseball would likely fight it.

For once I’m on Major League Baseball’s side here. The reason? The new CBA’s failure to address compensation picks kicking someone out of the top 10 in such a situation is not some mere oversight that inadvertently subverts the spirit of the rule and the intent to help out bad teams like the Mets. Rather, it was a very specific and conscious omission.

Indeed, the last CBA specifically protected top 15 picks from compensation and specifically exempted draft compensation picks — like the one the Pirates got for not signing Appel — from counting.  The new CBA changes that to the top 10 picks and makes no mention of draft compensation picks. This is not merely a matter of “rules are rules.” It’s about the fact that MLB and the union actively removed protection for the Appel-pick situation. They saw it there in the last version, had someone highlight the text and hit “delete.” They knew exactly what they were doing.

To suggest, then, that the current setup goes against the spirit of the rules is simply wrong. The union and the league changed the spirit from what it was before. Why should Michael Bourn and his agent and the Mets now benefit because that rule is now in force?

If this becomes a grievance, it’s going to go to an arbitrator. I would hope that an arbitrator holds the league and the union to the bargain they actively hammered out.  A bargain that, if they don’t like now, they should be forced to changed rather than simply set aside because it’s inconvenient for them.

Ichiro was happy to see Pete Rose get defensive about his hits record

SAN DIEGO, CALIFORNIA - JUNE 14:  Ichiro Suzuki #51 of the Miami Marlins warms-up during batting practice before a baseball game against the San Diego Padres at PETCO Park on June 14, 2016 in San Diego, California.   (Photo by Denis Poroy/Getty Images)
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You’ll recall the little controversy last month when Ichiro Suzuki passed Pete Rose’s hit total. Specifically, when Ichiro’s Japanese and American hit total reached Rose’s American total of 4,256 and a lot of people talked about Ichiro being the new “Hit King.” You’ll also recall that Rose himself got snippy about it, wondering if people would now think of him as “the Hit Queen,” which he took to be disrespect.

There’s a profile of Ichiro over at ESPN the Magazine and reporter Marly Rivera asked Ichiro about that. Ichiro’s comments were interesting and quite insightful about how ego and public perception work in the United States:

I was actually happy to see the Hit King get defensive. I kind of felt I was accepted. I heard that about five years ago Pete Rose did an interview, and he said that he wished that I could break that record. Obviously, this time around it was a different vibe. In the 16 years that I have been here, what I’ve noticed is that in America, when people feel like a person is below them, not just in numbers but in general, they will kind of talk you up. But then when you get up to the same level or maybe even higher, they get in attack mode; they are maybe not as supportive. I kind of felt that this time.

There’s a hell of a lot of truth to that. Whatever professional environment you’re in, you’ll see this play out. If you want to know how you’re doing, look at who your enemies and critics are. If they’re senior to you or better-established in your field, you’re probably doing something right. And they’re probably pretty insecure and maybe even a little afraid of you.

The rest of the article is well worth your time. Ichiro seems like a fascinating, insightful and intelligent dude.

There will be no criminal charges arising out of Curt Schilling’s video game debacle

Curt Schilling
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In 2012 Curt Schilling’s video game company, 38 Studios, delivered the fantasy role-playing game it had spent millions of dollars and countless man hours trying to deliver. And then the company folded, leaving both its employees and Rhode Island taxpayers, who underwrote much of the company’s operations via $75 million in loans, holding the bag.

The fallout to 38 Studios’ demise was more than what you see in your average business debacle. Rhode Island accused Schilling and his company of acts tantamount to fraud, claiming that it accepted tax dollars while withholding information about the true state of the company’s finances. Former employees, meanwhile, claimed — quite credibly, according to reports of the matter — that they too were lured to Rhode Island believing that their jobs were far more secure than they were. Many found themselves in extreme states of crisis when Schilling abruptly closed the company’s doors. For his part, Schilling has assailed Rhode Island politicians for using him as a scapegoat and a political punching bag in order to distract the public from their own misdeeds. There seems to be truth to everyone’s claims to some degree.

As a result of all of this, there have been several investigations and lawsuits into 38 Studios’ collapse. In 2012 the feds investigated the company and declined to bring charges. There is currently a civil lawsuit afoot and, alongside it, the State of Rhode Island has investigated for four years to see if anyone could be charged with a crime. Today there was an unexpected press conference in which it was revealed that, no, no one associated with 38 Studios will be charged with anything:

An eight-page explanation of the decision concluded by saying that “the quantity and qualify of the evidence of any criminal activity fell short of what would be necessary to prove any allegation beyond a reasonable doubt and as such the Rules of Professional Conduct precluded even offering a criminal charge for grand jury consideration.”

Schilling will likely crow about this on his various social media platforms, claiming it totally vindicates him. But, as he is a close watcher of any and all events related to Hillary Clinton, he no doubt knows that a long investigation resulting in a declination to file charges due to lack of evidence is not the same thing as a vindication. Bad judgment and poor management are still bad things, even if they’re not criminal matters.

Someone let me know if Schilling’s head explodes if and when someone points that out to him.