Players don’t have to talk to MLB in the Biogenesis probe. Thank Fergie Jenkins for that

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I noted yesterday the uncertainty surrounding potential double discipline of Biogenesis players. How the Melky Cabrera precedent may make it hard for MLB to give an enhanced suspension for those perceived to be lying to investigators. I also pondered whether simply not talking to investigators might serve as the basis. Ken Rosenthal, however, reminds us today that baseball has historically been unable to discipline players for clamming up:

In September 1980, former commissioner Bowie Kuhn suspended Ferguson Jenkins for declining to cooperate with baseball’s investigation after the pitcher was charged with possession of cocaine, hashish and marijuana in Toronto. An arbitrator lifted the suspension, according to the Associated Press, saying that “the commissioner was compelling Jenkins to jeopardize his defense in court.” Braun and others, by failing to answer questions, simply asserted their “Jenkins” rights.

There are some differences here, of course. Jenkins actually had charges pending against him while none of the Biogenesis players do.  But if baseball’s past arbitrator respected the idea of protecting players from self-incrimination (and that was in a case in a foreign country, not subject to the Fifth Amendment) one would think that the precedent would demand continued respect of Fifth Amendment rights, even if Major League Baseball isn’t the government.  And the way the Fifth Amendment works, one need not have an actual criminal case pending. Merely the potential of one must exist.

While it’s unlikely that any of the Biogenesis players will be prosecuted, it is a possibility. And that possibility may be enough to prevent Major League Baseball from imposing any added discipline for player’s failure to cooperate. Between that, the fact that most of these guys are facing a first offense, not a second, and given that the lying precedent is complicated by the Melky Precedent, how again is MLB supposed to suspend anyone for 100 games?

Umpire admits he blew the call that got Joe Maddon ejected last night

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Last night in the top of the eighth inning of the Dodgers-Cubs game, Curtis Granderson struck out. Or, at the very least, he should’ve. After the game, the umpire who said he didn’t admitted he screwed up.

While trying to squelch a Dodgers comeback, Wade Davis got Granderson into a 2-2 count. Davis threw his pitch, Granderson whiffed on it, it hit the dirt, and Willson Contreras applied the tag for the out. End of the inning, right? Wrong: Granderson argued to home plate umpire Jim Wolf that he made slight contact with the ball, Wolf, after conferring with the other umps agreed, and Granderson lived to see another pitch.

Before he’d see that pitch, Joe Maddon came out to argue the call and got so agitated about it all he was ejected for the second time in this series. He was right to argue:

It all ended up not mattering, of course, because Granderson struck out eventually anyway.

Normally such things end there, but after the game a reporter got to Wolf and Wolf did something umpires don’t often do: he admitted he blew the call:

It’s good that the bad call ended up not affecting anything. But the part of me who likes to stir up crap and watch chaos rule in baseball really kinda wishes that Granderson had hit a series-clinching homer right after that. At least as long as it didn’t result in Cubs fans burning Chicago to the ground.