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.

Erik Johnson likely to open 2016 in the White Sox rotation

DENVER, CO - APRIL 09:  Starting pitcher Erik Johnson #45 of the Chicago White Sox delivers against the Colorado Rockies during Interleague play at Coors Field on April 9, 2014 in Denver, Colorado. The Rockies defeated the White Sox 10-4.  (Photo by Doug Pensinger/Getty Images)
Doug Pensinger/Getty Images
Leave a comment

With the White Sox losing Jeff Samardzija to free agency, Erik Johnson will likely get a shot to contribute out of the rotation to open up the 2016 season, GM Rick Hahn said in a conference call on Wednesday, per a report from MLB.com’s Scott Merkin.

“As we sit here today, I think it will be an opportunity for Erik Johnson to convert on sort of the return to form he showed back in 2015 when he was International League pitcher of the year for [Triple-A] Charlotte,” Hahn said. “Obviously, he got some starts in September and continued to show the progress in Chicago he had shown in the Minor Leagues over the course of the last season.

“So if Opening Day were today, then I think Johnson is penciled in to that spot in the rotation right now. In all probability, once we get closer to spring, there will be some competition for him to earn that spot. But if we were strictly looking at today, then I would think Johnson has the inside track on filling Samardzija’s innings.”

Johnson was called up from Triple-A Charlotte in September and made six starts, allowing 14 runs (13 earned) on 32 hits and 17 walks with 30 strikeouts in 35 innings. That followed up an impressive five months in the minors where he compiled a 2.37 ERA and a 136/41 K/BB ratio across 132 2/3 innings.

Baseball America, Baseball Prospectus, and MLB.com each included Johnson on their top-100 prospect lists, ranking him 63rd, 67th, and 70th, respectively. The right-hander was selected by the White Sox in the second round of the 2011 draft.

Major League Baseball will investigate Yasiel Puig for his role in Miami nightclub brawl

Yasiel Puig
AP Photo/Lenny Ignelzi

It was reported on Friday afternoon that Dodgers outfielder Yasiel Puig was involved in a brawl at a Miami nightclub. Details were scant at the time, but he reportedly left with a bruise on his face.

Dylan Hernandez of the Los Angeles Times reports that Major League Baseball plans to investigate Puig under the league’s new domestic violence policy for his role in the brawl. Citing a report from TMZ, Hernandez notes that Puig shoved his sister, “brutally sucker-punched” the manager of the bar, and instigated the brawl.

The Dodgers and Puig’s agent have thus far refused to comment on the situation.

Rockies shortstop Jose Reyes was the first player to be investigated under the league’s new domestic violence policy earlier this month, as he allegedly assaulted his wife. Reyes has pleaded not guilty after he was charged with domestic abuse in Hawaii.

As our own Craig Calcaterra pointed out, commissioner Rob Manfred does not need to wait for Puig to plead guilty or to be found guilty to levy a punishment.

Dayan Viciedo close to signing with Japan’s Chunichi Dragons

Dayan Viciedo
AP Photo/Carlos Osorio
Leave a comment

Patrick Newman is reporting that the Chunichi Dragons of Japan’s Nippon Professional Baseball and outfielder Dayan Viciedo are close to an agreement on a contract. Newman notes that the Dragons are close to signing pitcher Jordan Norberto as well.

Viciedo, 26, has struggled since making his major league debut in 2010 with the White Sox, batting an aggregate .254/.298/.424 with 66 home runs and 211 RBI in 1,798 plate appearances. He spent the 2015 season with Triple-A Charlotte (White Sox) and Nashville (Athletics), hitting a composite .287/.348/.450. While Viciedo can hit the occasional home run, he hasn’t shown the ability to do much else at the big league level. Given his age, he could prove himself in Japan and parlay that into a renewed shot in the majors in the future.

The White Sox signed Viciedo out of Cuba in December 2008, agreeing to a four-year, $10 million deal. The club re-signed him to one-year deals in 2013 and ’14 for $2.8 million each and $4.4 million ahead of the 2015 season.

Blue Jays sign J.A. Happ to a three-year, $36 million contract

J.A. Happ
AP Photo/David Zalubowski

Update (8:45 PM EST): Per Sportsnet’s Shi Davidi, Happ will get $10 million in 2016 and $13 million each in 2017 and ’18.


MLB.com’s Gregor Chisholm reports that the Blue Jays have signed lefty J.A. Happ to a three-year deal worth $36 million.

Happ, 33, had a rebirth as a member of the Pirates last season after starting the season with 20 subpar starts with the Mariners. He made 11 starts for the Buccos, boasting a 1.85 ERA with a 69/13 K/BB ratio over 63 1/3 innings.

Travis Sawchik of the Pittsburgh Tribune-Review reported this past August that Happ’s newfound success had to do with a delivery tweak suggested by Pirates pitching coach Ray Searage. The Blue Jays are certainly hoping that adjustment is the full explanation for his success.

The Jays’ signing of Happ most likely signifies they won’t be pursuing free agent lefty David Price.

This will be Happ’s second stint with the Blue Jays. The Astros dealt him to Toronto in a July 2012 trade. He posted a 4.39 ERA with a 256/113 K/BB ratio in 291 innings with the Jays, then went to the Mariners in a trade this past December that brought outfielder Michael Saunders to the Jays.