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.

Brandon McCarthy wins final spot in Dodgers’ rotation

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We learned on Monday that Hyun-Jin Ryu won one of the final two spots in the Dodgers’ starting rotation. Brandon McCarthy has won the other, Bill Plunkett of the Orange County Register reports. Alex Wood was McCarthy’s competitor for the spot.

McCarthy, 33, posted a 4.85 ERA across four appearances spanning 13 innings this spring, yielding seven earned runs on 14 hits and a walk with seven strikeouts. Wood, a southpaw, gave up five earned runs in six innings against the Reds on Tuesday, which might have factored into the decision.

Last season, McCarthy made nine starts and one relief appearance, posting a 4.95 ERA with a 44/26 K/BB ratio in 40 innings. In the event McCarthy falters, the club has Wood as well as Julio Urias and the injured Scott Kazmir as potential replacements.

Yankees re-sign Jon Niese to a minor league deal

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The Yankees have re-signed pitcher Jon Niese to a minor league contract, George A. King III of the New York Post reports. Niese was released on Sunday, but he’ll stick around and provide rotation depth for the Yankees.

Niese had knee surgery last August and got a late start to spring training as a result. In six spring appearances lasting an inning each, the lefty gave up three earned runs on five hits and a walk with five strikeouts.

Niese, a veteran of nine seasons, put up an aggregate 5.50 ERA with an 88/47 K/BB ratio in 121 innings last season between the Pirates and Mets.