Philadelphia Phillies v Atlanta Braves

MLB is still using its bogus civil suit against Anthony Bosch to collect evidence


Most of you will say that all is fair when steroids are involved, but it’s still worth pointing out that MLB’s civil lawsuit against Anthony Bosch and Biogenesis — a suit which has basically zero legal merit and which isn’t really a contested lawsuit given that Bosch and MLB are now working together — is still active. And MLB is using it to discover evidence in its investigation of the Biogenesis players.

The latest: A-Rod’s famous cousin, Yuri Sucart, was in court yesterday challenging MLB’s right to take his deposition in the case. The Miami Herald reports on it. The upshot: Cousin Yuri argued that the state court lawsuit is invalid as a means of MLB vindicating its rights under the Collective Bargaining Agreement (remember: the suit is for alleged interference with that contract) because the Collective Bargaining Agreement is governed by federal law. The judge actually suggested that this argument is valid, but said that as a non-party Sucart can’t challenge it so he’ll have to appear at a deposition.

The judge also wondered why none of the actual defendants — like Tony Bosch — are challenging the suit on those grounds. Well, the answer is simple: it’s an essentially fake, non-contested lawsuit in which the primary defendants are  now on the same side as the plaintiffs so of course they’re not going to challenge it. It’s a sham and it should not exist, but no one seems to care.

We talked last week about the gloves-off, get-tough nature of MLB’s investigation. Whatever you think of that, let us not forget that part of it involves the misuse of the court system in an effort to handle its employee discipline and public relations problems.

Kyle Schwarber is on a private plane en route to Cleveland

PHOENIX, AZ - APRIL 07:  Kyle Schwarber #12 of the Chicago Cubs bats against the Arizona Diamondbacks during the MLB game at Chase Field on April 7, 2016 in Phoenix, Arizona.  (Photo by Christian Petersen/Getty Images)
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This is happening, people.

Earlier we heard Joe Maddon being non-committal about Kyle Schwarber joining the Cubs for the World Series. Now it seems pretty clear that the Cubs are committal indeed: Jon Morosi reports that Schwarber is en route to Cleveland from Arizona on a private jet and that he’s expected to DH in Game 1 tomorrow night.

Schwarber hasn’t played in a game that counted since April 7. His potent bat is could be a windfall for a Cubs team that didn’t have a game-changing option at DH in the American League park.

Schwarber lost the whole season due to a knee injury, but he hit .246/.355/.487 with 16 homers and 43 RBI in 69 games as a rookie in 2015. His big coming out party was in the playoffs, however, when he hit three homers in five postseason games while going 7-for-13 with two walks in five games.

Carlos Santana in left field? Sure, OK.

CLEVELAND, OH - OCTOBER 15:  Carlos Santana #41 of the Cleveland Indians celebrates after hitting a home run in the second inning against J.A. Happ #33 of the Toronto Blue Jays during game two of the American League Championship Series at Progressive Field on October 15, 2016 in Cleveland, Ohio.  (Photo by Maddie Meyer/Getty Images)
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Paul Hoynes of the Cleveland Plain Dealer reports that Indians First Baseman/DH Carlos Santana shagged some flyballs in left field during the Indians’ workout today.

Sure, why not? Santana has played one game in the outfield in his major league career and that was over four years ago, but the Indians will have to play in Chicago without the DH, meaning either losing Santana’s bat or that of Mike Napoli.

It would be up to Terry Francona to decide if that happens, but ultimately I don’t think he’ll make it real and, rather, will just forget about it, because Santana’s defense out there would in no way be smooth.

I’m sorry. I’m sick today and I’m on a lot of cold medicine.