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.

David Ortiz and Kris Bryant win 2016 Hank Aaron Awards

CLEVELAND, OH - OCTOBER 26:  (L-R) Kris Bryant #17 of the Chicago Cubs, Major League Baseball Hall of Famer 2016 Hank Aaron, Commissioner of Baseball Rob Manfred and David Ortiz #34 of the Boston Red Sox pose during the Hank Aaron Award ceremony prior to Game Two of the 2016 World Series between the Chicago Cubs and the Cleveland Indians at Progressive Field on October 26, 2016 in Cleveland, Ohio.  (Photo by Jason Miller/Getty Images)
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Major League Baseball announced on Wednesday that former Red Sox DH David Ortiz and Cubs third baseman Kris Bryant won the 2016 Hank Aaron Award in their respective leagues.

Ortiz, 40, flourished in his final season, batting .315/.401/.620 with 38 home runs and 127 RBI in 626 plate appearances during the regular season. His .620 slugging percentage, 1.021 OPS, and 48 doubles led the majors while his 127 RBI led the American League. Ortiz also won the Hank Aaron Award back in 2005.

Bryant, 24, is the likely winner of the National League Most Valuable Player Award as well. He hit .292/.385/.554 with 39 home runs and 102 RBI over 699 plate appearances. He also led the league by scoring 121 runs. Bryant is the first Cub to win the Hank Aaron Award since Aramis Ramirez in 2008.

Last year’s winners in the AL and NL, respectively, were Josh Donaldson and Bryce Harper.

Alex Rodriguez is taking his analyst role quite seriously

NEW YORK, NY - AUGUST 12: Alex Rodriguez #13 of the New York Yankees answers question in a press conference after the game against the Tampa Bay Rays at Yankee Stadium on August 12, 2016 in New York City. (Photo by Drew Hallowell/Getty Images)
Drew Hallowell/Getty Images

If you’ve happened to catch any of the coverage of the 2016 postseason on Fox and FS1, you’ve heard former Yankees DH Alex Rodriguez as part of an analyst panel with host Kevin Burkhardt and former major leaguers Pete Rose and Frank Thomas. Rodriguez has drawn rave reviews not just for passing a rather low bar we set for former athletes-turned-commentators, but because he’s adding real insight drawn both from his playing days and from doing research.

Indeed, Rodriguez is taking his new job as an analyst quite seriously, Newsday’s Neil Best reports. Bardia Shah-Rais, the VP of production for Fox, said of Rodriguez, “This is not a hobby for him. It’s not a parachute in. He’s invested. If we have a noon meeting, he’s there at 11:30 a.m. He’s emailing story ideas in the morning. He wants research. He’s almost all-in to the point where it’s annoying.”

Rose also praised Rodriguez, saying, “You’ve never been around a guy who prepares more than Alex does. Alex does his homework. He knows the game. He understands players. He’s into the deal . . . Frank does a great job in preparation, too. I’m the only one that don’t prepare as much as these two guys. I don’t know if that’s because I can’t write or what it is. But these guys do their homework and they ask questions and they ask the right questions and then you put that in with our experience, all the things we’ve been through and how good we get along with each other, that’s why it shows up on the TV.”

Rodriguez, who hasn’t officially retired despite not having played since the Yankees released him in mid-August, wouldn’t commit to more TV work beyond this year’s postseason.