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?

The first native Lithuanian in MLB history made his debut last night

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Why yes, it is a slow news day. But let’s not allow that to take away from some MLB history.

Last night a young man named Dovydas Neverauskas pitched in mopup duty for the Pirates, who were getting hammered by the Cubs. Mr. Neverauskas pitched two innings, allowing one run, making him, by default, the most effective pitcher the Pirates sent out there last night.

That’s good, but that’s not what makes it historic. What makes it historic is that Neverauskas is the first person born and raised in Lithuania to make the Majors. Here’s some back story on him from last year’s Futures Game.

Lithuania is known for producing basketball players. Now it has its first major leaguer. Whether he becomes baseball’s Arvydas Sabonis is an open question.

Bumgarner: dirt bike adventure was “definitely not the most responsible decision”

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Madison Bumgarner talked to the press yesterday about his dirt bike injury and its fallout.

While there is some speculation that the Giants may change their approach to Bumgarner’s contract situation at some point as a result of all of this, yesterday Bumgarner noted that the organization has been supportive as have his teammates. He said he apologized to them as well for an act he characterized as “definitely not the most responsible decision.”

As for the wreck itself, Bumgarner was a bit embarrassed to say that it wasn’t the result of doing anything cool or spectacular on the bike. Sounds like he probably just laid the thing down. Guess it makes no real difference given that he’s injured either way, but you’d hope to at least get a cool story out of it. Alas.

Here’s video of him talking to the press. The best and most accurate takeaway from it: when he says “it sucks.” Yep.