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.


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.

Clayton Kershaw, Dodgers top Mets in Game 4 of NLDS to force a Game 5

AP Photo/Kathy Willens

There will be a decisive NLDS Game 5 on Thursday evening in Los Angeles.

Clayton Kershaw yielded just three hits and struck out eight batters over seven innings of one-run ball and Justin Turner hit his fourth double of the series — a two-run poke down the left field line in the top of the third inning — as the Dodgers defeated the Mets 3-1 in Game 4 of the National League Division Series on Tuesday night at Citi Field.

Kershaw’s past postseason demons peaked their head out when Yoenis Cespedes reached on an infield single to lead off the bottom of the seventh, but there was no Matt Adams or Matt Carpenter to make him pay this time around. Kershaw retired the next three batters in order and then gave way to reliever Chris Hatcher for the eighth inning having thrown 94 pitches on short rest.

The only run Kershaw allowed was on a Daniel Murphy solo shot in the fourth inning. The other two hits he surrendered were singles.

Los Angeles’ bullpen answered the call after Kershaw’s departure, with Hatcher and closer Kenley Jansen combining to post two big zeroes on the scoreboard in Queens. Jansen secured the final four outs, earning his fifth career postseason save and second this October.

Jacob deGrom is lined up for the Mets and Zack Greinke will be on the hill for Los Angeles in the loser-goes-home tilt Thursday at Dodger Stadium. This series is shaping up to be a classic.

The winner Thursday will face the Cubs in the National League Championship Series.

Video: Justin Turner gives Dodgers early Game 4 lead with two-run double

AP Photo/Julie Jacobson
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Clayton Kershaw has looked sharp on the mound and at the plate so far in this must-win NLDS Game 4 at New York’s Citi Field.

After no-hitting the Mets in the first two frames, Kershaw smacked a one-out single to left-center field in the top of third inning. Howie Kendrick followed soon after with a two-out single to left and then Adrian Gonzalez blooped a ball to shallow center that drove in Enrique Hernandez, who had reached earlier on a fielder’s choice grounder to second base.

That all set up this Justin Turner two-run double down the left field line that put Los Angeles up 3-0

That’s now four doubles this postseason for Turner, which is a Dodgers franchise record for the Division Series. Los Angeles is trying to force a Game 5.

Video: Hector Rondon closes it out, Cubs advance past Cardinals to NLCS

Hector Rondon
AP Photo/Nam Y. Huh

In the first postseason meeting between the two longtime archrivals, the Chicago Cubs prevailed over the St. Louis Cardinals.

Watch as Cubs closer Hector Rondon whiffs Cardinals outfielder Stephen Piscotty with a nasty 0-2 breaking ball to clinch a Division Series victory and send Wrigley Field into a frenzy (this is actually the first time in franchise history the Cubs have won a playoff series at home) …

Chicago dropped Game 1 but took three straight to finish off St. Louis. Next up is a matchup against either the Dodgers or Mets in the National League Championship Series.