MLB Commissioner Bud Selig speaks during a news conference in New York

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?

Your 2016 Winter Meetings Wrapup

national-harbor
Gaylord National Resort
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OXON HILL, MD — The 2016 Winter Meetings are over.  As usual, there was still no shortage of excitement this year. More trades than we’ve seen in the past even if there are still a lot of free agents on the market. Whatever the case, it should make the rest of December a bit less sleepy than it normally is.

Let’s look back at what went down here at National Harbor this week:

Well, that certainly was a lot! I hope our coverage was useful for you as baseball buzzed through its most frantic week of the offseason. And I hope you continue coming back here to keep abreast of everything happening in Major League Baseball.

Now, get me to an airport and back home.

Eighteen players selected in the Rule 5 Draft

rule-5
MLB
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OXON HILL, MD — The Rule 5 Draft just went down here at National Harbor. As always, it was the last event of the Winter Meetings. As usual, you likely don’t know most of the players selected in the Draft, even if a couple may make a splash one day in the future.

In all, 18 players were taken in the Major League phase of the Rule 5. Here they are, with the name of the team which selected them:

Round 1
1. Twins:  Miguel Diaz, RHP, Brewers
2. Reds: Luis Torrens, C, Yankees
3. Padres: Allen Cordoba, SS, Cardinals
4. Rays: Kevin Gadea, Mariners
5. Braves: Armando Rivero, RHP, Cubs
6. D-backs: Tyler Jones, RHP, Yankees
7. Brewers: Caleb Smith, LHP, Yankees
8. Angels  Justin Haley,RHP, Red Sox
9. White Sox:  Dylan Covey, RHP, A’s
10. Pirates: Tyler Webb, LHP, Yankees
11. Tigers: Daniel Stumpf, LHP, Royals
12. Orioles: Aneury Tavarez, 2B, Red Sox
13. Blue Jays: Glenn Sparkman, RHP, Royals
14. Red Sox: Josh Rutledge, INF, Rockies
15. Indians: Holby Miller, LHP, Phillies
16. Rangers: Michael Hauschild, RHP, Astros

Round 2
17. Reds:  Stuart Turner, C, Twins
18. Orioles:  Anthony Santander, OF, Indians

For a breakdown of most of these guys and their big league prospects, check this story out at Baseball America. Like I said, you don’t know most of these guys. And, while there have been some notable exceptions in Rule 5 Draft history, most won’t make a splash in the big leagues.

Each player cost their selecting team $100,000. Each player must remain on the 25-man roster of his new club for the entire season or, at the very least, on the disabled list. If he is removed from the 25-man, the team which selected him has to offer him back to his old team for a nominal fee. Sort of like a stocking fee when you return a mattress or something. Many of these guys, of course, will not be returned and, instead, will be stashed on the DL with phantom injuries.

Aren’t transactions grand?