Why doesn’t Major League Baseball just suspend Ryan Braun and see what happens?

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Here’s a deep thought: if Major League Baseball is certain enough that its players took PEDs supplied to them by Biogenesis that they’re willing to file a lawsuit to that effect, why are they not certain enough to simply suspend Ryan Braun, Alex Rodriguez and all of the other players named?

Seriously. You can’t file a lawsuit in good faith unless you are willing to swear under oath that what you put in that lawsuit is true. And for their part, the lawyers, by virtue of the rules of civil procedure and legal ethics, are bound to file only those lawsuits which they believe to be in good faith.  My misgivings about the merits of this lawsuit aside, let’s assume — because it is polite to assume such things — that Major League Baseball truly believes and has basis for what it says in the complaint.

If so, is that not enough for them to suspend the players under the Joint Drug Agreement?

There’s not a burden of proof in the JDA. It merely requires, in the case of no positive test result, “just cause.” They have just cause to file the lawsuit — and they already suspended a minor leaguer based on what is now known — so why not just suspend Braun and everyone on a just cause basis now and make them appeal the discipline?

Of course they would appeal it, and with no shortage of vigor. But they’re going to do that regardless of what happens in this lawsuit. Indeed, baseball’s whole end game is to get the Biogenesis records and then suspend players, so they’e going to have this fight eventually, and there’s no way the players’ union will ever concede that what documents MLB is able to get — likely none, but whatever — prove anything. They’ll argue until the end of the world.

So have the fight now without this charade of a lawsuit. Put Braun and everyone on defense. No matter what happens — even if Braun wins on appeal again — Bud Selig can throw up his hands and declare victory, saying that they did what they had to do and, once again, those no-good players got off on a technicality. Or, perhaps, with a new arbitrator in place and all of the stuff that has thus far spun out of Biogenesis, they actually get their men this time.

Seems preferable to monkeying around with a dumb lawsuit.

New Marlins owners are going to dump David Samson, keep the home run sculpture

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The Miami Herald reports that the future Miami Marlins owners, Bruce Sherman and Derek Jeter, have informed Major League Baseball that they do not intend to retain current team president David Samson. Derek Jeter will replace him as the person in charge of baseball and business operations.

Samson has been a polarizing figure in Miami and has been seen as Jeff Loria’s front-facing presence in many ways. He led the effort for the team to get its new stadium, which led to political scandal and outrage in Miami (not that he didn’t get his stadium). In 2014, he appeared on “Survivor.” He did not survive.

What will survive, however, is the famous home run sculpture in the outfield at Marlins Park. You’ll recall some reports earlier this week that Sherman and Jeter were thinking about removing it. If so, they’ll have a lot of hurdles to jump, because yesterday the Miami-Dade County government reminded them that it was paid for by its Art in Public Places program, it is thus owned by the county and that it cannot be moved without prior approval from the county.

I know a lot of people hate that thing, but it has grown on me over the years. Not for its own aesthetic sake as much for its uniqueness and whimsy, which are two things that are in extraordinarily short supply across the Major League Baseball landscape. Like a lot of new and different bits of art and architecture over the course of history, I suspect its initial loathing will increasingly come to be replaced by respect and even pride. Especially if the Marlins ever make another World Series run, in which case everything associated with the club will be elevated in the eyes of fans.

On this score, Sherman and Jeter will thank Miami-Dade for saving themselves from themselves one day.

Jon Lester to miss one or two starts

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Jon Lester had a terrible outing yesterday, allowing nine runs — seven earned — and leaving the game before he could complete two innings.Lester entered the afternoon with a 3.99 ERA. He exited with a 4.37 ERA. Later the Cubs said that Lester was suffering from left lat tightness.

The Cubs are now saying that Lester will miss 1-2 starts. They are sending him to see Dr. Stephen Gryzlo for a more in-depth exam, and it’s possible Gryzlo will determine the injury is more serious, but at the moment the assessment seems cautiously optimistic.

Mike Montgomery will fill in for Lester for the time being.