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.

Francisco Rodriguez is being sued by his former landlord

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John Wisely of the Detroit Free Press reports that current free agent reliever Francisco Rodriguez is being sued by his former landlord for damage to the rented property as well as missing artwork. The landlord is asking for $80,000 after having kept Rodriguez’s $15,000 security deposit.

The lawsuit says that Rodriguez damaged a bedroom TV, a crystal floor lamp, glass shelves in the bar, glass tiles in the master bath, and a Moroccan mirror in the powder room. Additionally, the suit claims that the bedding is stained and paint has chipped, as well as other damages. And the piece of art that is allegedly missing, which depicts a tiger, is valued at more than $10,000.

Rodriguez has not yet been served with the suit, but the landlord has been speaking to his managers.

The Nationals released Rodriguez, 35, two weeks ago after having signed him to a minor league contract in late June. He started the season with the Tigers, but struggled to a 7.82 ERA over 25 1/3 innings before being released.

Report: Rays acquire Lucas Duda from the Mets

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MLB.com’s Mark Feinsand reports that the Rays have acquired first baseman Lucas Duda from the Mets. The Mets will receive pitching prospect Drew Smith in return, per Jeff Passan of Yahoo Sports.

Duda, 31, is batting .246/.347/.532 with 17 home runs and 37 RBI in 291 plate appearances for the Mets this season. He’ll provide a potent bat in the Rays’ lineup as they attempt to overcome their current 2.5-game deficit in the AL East.

Smith, 23, is the Rays’ No. 30 prospect, according to MLB Pipeline. He ascended from High-A to Triple-A already this season, posting an aggregate 1.60 ERA with a 40/9 K/BB ratio over 45 innings across four stops with High-A Lakeland (Tigers), High-A Charlotte (Rays), Double-A Montgomery, and Triple-A Durham.