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?

Rangers to sign James Loney to minor league deal

SAN FRANCISCO, CA - AUGUST 21: James Loney #28 of the New York Mets tosses to first base against the San Francisco Giants during the second inning at AT&T Park on August 21, 2016 in San Francisco, California.  The New York Mets defeated the San Francisco Giants 2-0. (Photo by Jason O. Watson/Getty Images)
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Free agent first baseman James Loney has reportedly signed a minor league deal with the Rangers, per FanRag Sports’ Jon Heyman. The deal includes an invite to spring training and a $1 million salary if he makes the major league roster in 2017.

Loney picked up a one-year stint and starting role with the Mets in 2016, slashing .265/.307/.397 with nine home runs in 336 PA. While his numbers were down a hair from the .280/.322/.357 batting line he produced with the Rays in 2015, he provided the Mets with a necessary, if underwhelming upgrade over an injured Lucas Duda through most of the season.

The 32-year-old infielder is expected to have some competition at first base, with at least five other candidates in the mix: Jurickson Profar, Ronald Guzman, Ryan Rua, Joey Gallo and Josh Hamilton. Rumor has it that the team is planning on platooning Rua and Profar in 2017, barring any impressive breakouts or injuries during spring training, though Loney could still provide the club with some veteran depth and a decent left-handed bat off the bench.

Report: Tyson Ross not expected to pitch in April

SAN DIEGO, CA - SEPTEMBER 29:  Tyson Ross #38 of the San Diego Padres pitches during the first inning of a baseball game against the Milwaukee Brewers at Petco Park September 29, 2015 in San Diego, California.  (Photo by Denis Poroy/Getty Images)
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Comments from an anonymous team official suggest that Rangers right-hander Tyson Ross will not be expected to join the rotation until May or June, per a report from Jeff Wilson of the Fort Worth Star-Telegram. Both Ross and GM Jon Daniels favor a conservative approach for the 29-year-old as he works his way back up to full health after undergoing surgery last October to relieve thoracic outlet syndrome.

The delay is reportedly being implemented so that Ross will be have the strength and stamina to contribute during the stretch run. Per Daniels:

We would rather err on a little extra time up front with the goal being to finish strong, pitching in big spots, meaningful games down the stretch and hopefully past 162.

Ross signed a one-year deal with the team on Thursday after pitching through an injury-riddled season with the Padres in 2016. If all goes according to plan, he’ll slot into a rotation that includes Yu Darvish, Cole Hamels, Andrew Cashner and Martin Perez. The Rangers are expected to narrow down their fifth starter alternatives in spring training.