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.

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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.

Dee Gordon will return from his 80-game suspension on Thursday

WASHINGTON, DC - APRIL 10:  Dee Gordon #9 of the Miami Marlins runs the bases against the Washington Nationals at Nationals Park on April 10, 2016 in Washington, DC.  (Photo by Greg Fiume/Getty Images)
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At the end of April, Marlins second baseman Dee Gordon was handed an 80-game suspension by Major League Baseball after testing positive for exogenous testosterone and Clostebol, performance-enhancing drugs. Gordon says he took those substances unknowingly.

Gordon will return to the Marlins on Thursday, MLB.com’s Joe Frisaro reports. The club was 10-11 prior to Gordon’s suspension. Since then, the club has gone 43-35 and is now tied with the Mets for second place in the NL East, five games behind the Nationals. Impressively, the Marlins have collectively hit .272/.330/.408 in Gordon’s absence, which compares favorably to the league average .252/.320/.410 triple-slash line.

Gordon, who made the NL All-Star team in 2014 and ’15, was hitting .266/.289/.340 with three doubles, two triples, five RBI, 13 runs scored, and six stolen bases in 97 plate appearances. Derek Dietrich has handled second base in the meantime and has done an admirable job, batting .275/.366/.398 with 22 extra-base hits, 30 RBI, and 26 runs scored in 314 PA. Nevertheless, Gordon is likely to return to full-time duty at second base.

Report: Blue Jays to acquire Melvin Upton, Jr. from the Padres

SAN DIEGO, CALIFORNIA - JULY 2:  Melvin Upton Jr. #2 of the San Diego Padres hits a walk-off solo home run during the ninth inning of a baseball game against the New York Yankees at PETCO Park on July 2, 2016 in San Diego, California. The Padres won 2-1. (Photo by Denis Poroy/Getty Images)
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Update (10:12 AM EDT): Jon Heyman of Today’s Knuckleball reports the Padres will receive pitcher Hansel Rodriguez from the Blue Jays. Rodriguez is rated as the Jays’ 18th-best prospect by MLB Pipeline. The Jays signed Rodriguez out of the Dominican Republic for $330,000 in February 2014. He’s spent the 2016 season with the Bluefield Blue Jays in rookie ball, compiling a 3.06 ERA with a 26/11 K/BB ratio in 32 1/3 innings over six starts.

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The Padres and Blue Jays have agreed on a trade involving outfielder Melvin Upton, Ken Rosenthal of FOX Sports reported on Tuesday morning. The Jays will get Upton and the Padres will receive a prospect from Single-A. The financial details are not yet known, but Dennis Lin of the San Diego Union-Tribune says the Padres are expected to cover a significant portion of his remaining contract. The trade is likely to be finalized on Tuesday.

The two teams opened up a three-game series in Toronto on Monday, so Upton won’t have to go very far to join his new team. The Jays won 4-2 on Monday.

Upton, 31, has had another solid season for the Padres, batting .256/.304/.439 with 16 home runs, 45 RBI, 46 runs scored, and 20 stolen bases in 374 plate appearances. He’s owed the remainder of his $15.45 million salary for the 2016 season and $16.45 million next season, the final year of his five-year contract.

Upton will provide some outfield depth for the Jays, who currently only have Ezequiel Carrera as a full-time back-up outfielder behind Michael Saunders, Kevin Pillar, and Jose Bautista. Bautista was activated from the disabled list on Monday, so Upton could cover right field in the event that Bautista exacerbates his toe injury.

With Upton leaving San Diego, Alex Dickerson is likely to see full-time work in left field in the short term. Prospects Hunter Renfroe and Manuel Margot could be called up at some point this season as well.