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.

Must-Click Link: Remembering Eddie Grant the first major leaguer to die in combat

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As you get ready for Memorial Day weekend and whatever it entails for you and yours, take some time to read an excellent article from Mike Bates over at The Hardball Times.

The article is about Eddie Grant. You probably never heard of him. He was a journeyman infielder — often a backup — from 1905 through 1915. If you have heard of him, it was likely not for his baseball exploits, however: it was because he was the first active baseball player to die in combat, killed in the Battle of the Argonne Forest in October 1915.

Michael tells us about more than Grant’s death, however. He provides a great overview of his life and career. And notes that Grant didn’t even have to go to war if he didn’t want to. He was 34, had the chance to coach or manage and had a law degree and the potential to make a lot of money following his baseball career. He volunteered, however, for both patriotic and personal reasons. And it cost him his life.

Must-read stuff indeed. Especially this weekend.

The Indians are unveiling a Frank Robinson statue on Sunday

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The Cleveland Indians will unveil a Frank Robinson statue at Progressive Field on Saturday.

Robinson’s tenure in Cleveland was not long, but it was historic. On April 8, 1975, he became the first African-American manager in Major League history. He was a player-manager. One of the last ones, in fact. He spent two years in that role and then a third year — a partial year anyway — as a manager only. Robinson would go on to manage the Giants, Orioles and the Expos/Nationals, compiling a career record of 1065-1176 in 16 seasons. He is now a top MLB executive.

Robinson was, of course, a Hall of Fame player as well, lodging 21 seasons for the Reds, Orioles, Dodgers, Angels and Indians. He won two MVP awards and hit for the Triple Crown in 1966. Overall he hit 586 home runs – 10th all time – and was inducted into the Baseball Hall of Fame in 1982. For an inner-circle Hall of Famer with that kind of resume he is still, strangely enough, underrated. I guess that happens when your contemporaries are Willie Mays, Hank Aaron and Mickey Mantle.

Anyway, congrats to Frank Robinson for yet another well-deserved honor in a career full of them.