a-rod getty wide

The new PED evidence is sexy, but they can’t void A-Rod’s contract, and probably can’t even suspend him. Yet.

56 Comments

UPDATE:  I missed this on my first reading of the JDA, but Section G provides for suspensions by the Commissioner for “just cause.”

A Player may be subjected to disciplinary action for just cause by the
Commissioner for any Player violation of Section 2 above not referenced in Section 7.A
through 7.F above.

The question, then, is what constitutes “just cause.” While I think this would give MLB some justification to attempt to move, I stand by what I said below: there would be significant pushback on whether this news report is “just cause,” and A-Rod or others would fight any action based on it alone.  This will require greater evidence and information, and likely someone — be it the players or the doctors who prescribed or someone else — to put more meat on the bones of this report.

9:35 AMThe Miami New Times story implicating A-Rod, Nelson Cruz and others with a PED clinic in Miami is big news. It sheds a lot of light on PED use by major players and the overall availability of PEDs in baseball.  The pipelines like BALCO and now Biogenesis are a pretty big deal, and they’re certainly something MLB has an interest in investigating and news organizations should have an interest in reporting.

But let’s be clear about one thing: this news should not and likely will not have any direct, immediate bearing on A-Rod or any of the other players named as far as immediate discipline.

The Joint Drug Agreement (“JDA”) provides one means and one means only for suspensions: positive drug tests.  Now, those drug tests can be scheduled or random. Or they can be instituted based on “reasonable cause.” From page 12 of the JDA:

In the event that either Party has information that gives it reasonable cause
to believe that a Player has, in the previous 12-month period, engaged in the use,
possession, sale or distribution of a Performance Enhancing Substance (including
hGH) or Stimulant, the Party shall provide the other Party, either orally or in
writing, with a description of its information (“Reasonable Cause Notification”),
and the Player will be subject to an immediate urine and/or blood specimen
collection, or a program of testing, as determined by the IPA, to commence no
later than 48 hours after the Reasonable Cause Notification was provided.

Nowhere in the JDA does it provide for suspensions or any other kind of discipline based purely on non-testing evidence like reports, tips or the like.  What’s more, there is an appeal process involved where the player subject to reasonable cause testing can dispute whether there was, in fact, reasonable cause.

As this relates to A-Rod, Nelson Cruz and the others named in the report: MLB could very well demand a drug test from them within 48 hours of learning this information (and remember we don’t know whether MLB is learning this today or knew already).  That’s it.  If I’m representing those players, though, I argue strongly that a newspaper report like this is not “reasonable cause” and make an arbitrator figure that out.  That’s how it would play out.

What will not happen is MLB summarily suspending any of these players, the Yankees voiding A-Rod’s contract or anything else.  Such steps would be outside the scope of the league or the team’s power and it would result in major litigation.

Against that backdrop, if anyone — like, say, a columnist or reporter who wants to pile on A-Rod — starts beating the “void the contract” or “suspend him for life” drum in the next couple of days, they’re full of it or they’re being emotional or they’re grandstanding and no matter which of those it is, they should not be taken seriously.

The Blue Jays and the Toronto press are fueding with each other

ST. PETERSBURG, FL - SEPTEMBER 3:  Manager John Gibbons #5 of the Toronto Blue Jays looks on from the dugout during the first inning of a game against the Tampa Bay Rays on September 3, 2016 at Tropicana Field in St. Petersburg, Florida. (Photo by Brian Blanco/Getty Images)
Getty Images
1 Comment

The Blue Jays are poised to make the playoffs for the second year in a row and are playing a critical series with the Orioles, the outcome of which will likely determine who gets to play at home for that one-and-done game next week. Big stakes! Must keep focused!

Or, alternatively, maybe it’s time to have a silly, juvenile feud with the press. Here’s Steve Buffery of the Toronto Sun, asking why the Jays are doing stuff like this while fighting for the playoffs:

Why, for example, would the leaders on the team allow someone to put up on a wall photos of two Toronto sports writers with an ‘X’ scratched on their face and the a message written on top reading, ‘Do not grant them interviews’ (or words to that effect)? . . . Things like: Someone cranking up the music just when the media arrives to conduct pre-game interviews.

Not that the Jays have been treated wonderfully by the press themselves:

There was an incident the other night when a couple of journalists tried to corral struggling closer Roberto Osuna for an interview, but he kept blowing them off. Finally, one reporter followed him right into a private part of the clubhouse and told him off.

That’s . . . not what you’re supposed to do.

Still, there is zero point to get into silly feuds with the media. If they overstep their bounds, there are a TON of Jays officials and, I suspect, newspaper editors, who will quickly and eagerly discipline the reporter. You don’t have to make wanted posters and act like children. Partially because it’s just a bad look. But also, because it leads to news stories about it like the one in the Toronto Sun.

And That Happened: Thursday’s scores and highlights

ST. LOUIS, MO - SEPTEMBER 29: Rain falls during a game between the St. Louis Cardinals and the Cincinnati Reds at Busch Stadium on September 29, 2016 in St. Louis, Missouri.  (Photo by Dilip Vishwanat/Getty Images)
Getty Images
4 Comments

Here are the scores. Here are the highlights.

Oh, and here is my take on the idiotic ending to the Reds-Cardinals game which could potentially cost the Giants a playoff berth.

Nationals 5, Diamondbacks 3: Wilmer Difo hit his first major league homer. Pedro Severino hit his second. No National succumbed to season-ending injuries. So a rare success for Washington in these final days of the regular season.

Yankees 5, Red Sox 1: CC Sabathia allowed one run and four hits while pitching into the eighth inning. It was only his ninth win of the year — his first win in a month — but he lowered his ERA to 3.91. He strike out fewer guys than he used to, walks more and allows more hits. But the fact that he made 30 starts this year and made at least a modest return to form suggests that, maybe, Sabathia still has something in the tank. Not as an ace, of course, but at least as a guy who can give you some respectable innings at the back of a rotation. In other news, the Yankees were eliminated in the middle of this game by virtue of the Orioles beating the Blue Jays. Inevitable, but the mere fact that they staved off elimination until game 159 is pretty impressive given all that has happened this year.

Cubs 1, Pirates 1: You don’t see many ties in baseball. Unless it’s spring training. Or, like, 1912 or something and it gets dark. Thank Mother Nature for the game being called at 1-1. Thank this game having no playoff implications whatsoever for it not being resumed at a later date. It was the first tie in a regular season game since 2005.

Orioles 4, Blue Jays 0: Ubaldo Jimenez and two relievers combined on a three-hit shutout. Jimenez allowed one of those hits in his six and two-thirds innings. The O’s and Jays are tied in the Wild Card standings with Detroit (1.5 back) and Seattle (2 back) the only ones left who can break up their postseason party.

Braves 5, Phillies 2Freddie Freeman‘s 30-game hitting streak ended but the Braves won for the 10th time in 11 games. The Tigers play Atlanta in the season’s final series. A month or two ago that looked like a nice way to end things. Right now, however, there’s a decent chance that the Braves help end the Tigers season. If that comes to pass, please say a prayer for those Braves fans you know who are engaged to grumpy Tigers fans come Sunday. Not, um, that I know any of those.

Twins 7, Royals 6:

screen-shot-2016-09-30-at-6-51-30-am

Same.

Cardinals 4, Reds 3: Not sure what else there is to say at this point that I didn’t say here. I dunno, Yadier Molina and Jedd Gyorko hit solo homers. Wheeeeeee.

Rays 5, White Sox 3: Congratulations to Chris Archer for avoiding his 20th loss of the season. Pitcher wins and losses mean little about the skill or prowess of a pitcher, but it’s better not to be the answer to a trivia question like that.

Dodgers 9, Padres 4Joc Pederson doubled twice and drove in three as the Dodgers avoided a sweep. The Dodgers are two games behind the Nationals with three to play in the race for home-field advantage in their division series matchup. Between that and possibly keeping the Giants out of the Wild Card game, they have a lot to play for this weekend in San Francisco.

Mariners 3, Athletics 2: Mike Zunino hit a go-ahead home run in the seventh inning to keep the Mariners alive for at least one more day.

Giants 7, Rockies 2: Johnny Cueto started out a bit shaky, giving up two in the top of the first, but he settled down and didn’t allow anything else in his remaining six innings. It was close until the sixth when the San Francisco pulled ahead, thanks in part to an uncharacteristic defensive blunder by Nolan Arenado. The Giants control their own destiny in the Wild Card, standing a game ahead of St. Louis with three to play.

Indians vs. Tigers: POSTPONED: The leaves of brown came tumbling down

Remember in September in the rain
The sun went out just like a dying amber
That September in the rain

To every word of love i heard you whisper
The raindrops seemed to play our sweet refrain
Though spring is here to me it’s still September
That September in the rain