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?

Johnny Cueto expected to opt-out of his deal after the season

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Johnny Cueto signed a six-year $130 million deal with the Giants prior to the 2016 season. In his first season he went 18-5 with a 2.79 ERA and 198 strikeouts in 219.2 innings, helping lead the Giants to the playoffs. This season has been rocky for Cueto — he’s got a a 4.42 ERA in 15 starts and has battled blisters — but they’ve been far rockier for the Giants overall, as they sit in last place in the NL West and have the second worst record in baseball.

Many suspect that the Giants will either rebuild or, at the very least, restructure some in response to this nightmare year. If so, they’re likely going to be doing it with Cueto, who Jon Heyman reports is going to opt-out of his deal:

San Francisco Giants starting pitcher Johnny Cueto is planning to opt out of his contract at the end of the year, but he would listen to any extension offer . . . Cueto has $84 million to go over four years. It would probably take an injury or major slump for Cueto not to opt out. But it makes sense that he will.

Heyman says the Giants are not inclined to give him an extension, so expect to see Cueto on the free agent market three days after the World Series ends, which is the deadline for him to exercise his opt-out rights.

The Dodgers are concerned about Julio Urias’ shoulder

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Things are going great for the Dodgers lately. They’ve won seven consecutive games and 13 of their last 14. They lead the National League in wins and are in first place in, arguably, the best division in baseball.

But there are a lot of moving parts on a baseball team, and even when some things are going great, other things can go not-so-great. Like this:

Urias has been diagnosed with shoulder inflammation and shut down indefinitely. An MRI last week showed no structural damage, but his shoulder is still bothering him. He has not pitched in the bigs since late May, when he allowed seven runs in less than three innings against the Miami Marlins. He was sent down after that and went 3-0 with a 3.12 ERA, six walks and 17 strikeouts in 17.1 innings pitched in three starts with Oklahoma City before being shelved.