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?

The Cubs will soon announce a five-year contract extension for Theo Epstein

CHICAGO, IL - JULY 27: Theo Epstein (R), President of Operations for the Chicago Cubs, talks with head football coach Jim Harbaugh of the University of Michigan before the game between the Chicago White Sox and the Chicago Cubs at Wrigley Field on July 27, 2016 in Chicago, Illinois.  (Photo by Jon Durr/Getty Images)
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Carrie Muskat of MLB.com just tweeted that the Cubs will soon announce a five-year contract extension for president Theo Epstein. Bob Nightengale of USA Today reports that it’s worth in excess of $50 million.

He’s earned it. When he took over the Cubs in October, 2011 the Cubs were a last place team with an aging roster and a front office that was several years behind the state of the art in every conceivable way. Last year the Cubs made the playoffs and this year they are baseball’s best team by a large margin and the franchise looks poised to continue its success for some time.

So, yeah, I’d say locking Theo up is a good idea.

What’s on Tap: Previewing Wednesday’s action

BALTIMORE, MD - SEPTEMBER 21:  Starting pitcher Clay Buchholz #11 of the Boston Red Sox throws to a Baltimore Orioles batter in the first inning at Oriole Park at Camden Yards on September 21, 2016 in Baltimore, Maryland.  (Photo by Rob Carr/Getty Images)
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The Red Sox will once again attempt to clinch the AL East after failing to do so on Tuesday night. They can seal the division with a win against the Yankees or a Blue Jays loss to the Orioles on Wednesday evening.

Clay Buchholz will take the hill for the BoSox against Yankees right-hander Bryan Mitchell in a 7:05 PM EDT start at Yankee Stadium. Buchholz hasn’t exactly been Mr. Reliable this season, holding a 5.00 ERA with an 87/53 K/BB ratio in 133 1/3 innings. However, he has been in three of four starts since returning to the rotation earlier this month. Over those four starts, he owns a 3.97 ERA and a 15/8 K/BB ratio in 22 2/3 innings.

Meanwhile, at the Rogers Centre, the Jays will send out Francisco Liriano against the Orioles’ Chris Tillman in a 7:07 PM EDT start. Liriano has been much improved since coming to the Jays from the Pirates, so the Orioles will have their hands full.

As for Wild Card action, the Royals can be eliminated if they lose to the Twins or if the Orioles beat the Jays. The Yankees can be eliminated by losing to the Red Sox and the Orioles defeating the Jays. In the National League, the Marlins can be eliminated by losing to the Mets or the Giants beating the Rockies.

The rest of Wednesday’s action…

Arizona Diamondbacks (Shelby Miller) @ Washington Nationals (Gio Gonzalez), 7:05 PM EDT

Boston Red Sox (Clay Buchholz) @ New York Yankees (Bryan Mitchell), 7:05 PM EDT

Chicago Cubs (Jake Arrieta) @ Pittsburgh Pirates (Jameson Taillon), 7:05 PM EDT

Baltimore Orioles (Chris Tillman) @ Toronto Blue Jays (Francisco Liriano), 7:07 PM EDT

Cleveland Indians (Zach McAllister) @ Detroit Tigers (Michael Fulmer), 7:10 PM EDT

New York Mets (Seth Lugo) @ Miami Marlins (Jose Urena), 7:10 PM EDT

Philadelphia Phillies (Adam Morgan) @ Atlanta Braves (Mike Foltynewicz), 7:10 PM EDT

Minnesota Twins (Ervin Santana) @ Kansas City Royals (Jason Vargas), 7:15 PM EDT

Milwaukee Brewers (Chase Anderson) @ Texas Rangers (Cole Hamels), 8:05 PM EDT

Tampa Bay Rays (Blake Snell) @ Chicago White Sox (Miguel Gonzalez), 8:10 PM EDT

Cincinnati Reds (Anthony DeSclafani) @ St. Louis Cardinals (Mike Leake), 8:15 PM EDT

Oakland Athletics (Sonny Gray) @ Los Angeles Angels (Alex Meyer), 10:05 PM EDT

Los Angeles Dodgers (Jose De Leon) @ San Diego Padres (Luis Perdomo), 10:10 PM EDT

Colorado Rockies (Tyler Chatwood) @ San Francisco Giants (Jeff Samardzija), 10:15 PM EDT