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


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?

Jason Kipnis injured his ankle celebrating the pennant with Francisco Lindor

TORONTO, ON - OCTOBER 17:  Jose Ramirez #11, Francisco Lindor #12, Jason Kipnis #22 and Mike Napoli #26 of the Cleveland Indians celebrate after defeating the Toronto Blue Jays with a score of 4 to 2 in game three of the American League Championship Series at Rogers Centre on October 17, 2016 in Toronto, Canada.  (Photo by Vaughn Ridley/Getty Images)
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Indians second baseman Jason Kipnis tweeted on Sunday, “Got a little too close to [Francisco Lindor] during the celebration!! Freak accident but should be good to go by Tuesday! #cantkeepmeoutofthisgame!”

Per’s Jordan Bastian, manager Terry Francona said Kipnis is dealing with a low ankle sprain, but he’s expected to be ready to go when the World Series begins on Tuesday. Kipnis went through fielding drills on Sunday.

Kipnis is hitting .167/.219/.367 with a pair of homers and four RBI in eight games this postseason.

Terry Francona sets Indians’ World Series rotation for first three games

TORONTO, ON - OCTOBER 18:  Corey Kluber #28 of the Cleveland Indians throws a pitch in the first inning against the Toronto Blue Jays during game four of the American League Championship Series at Rogers Centre on October 18, 2016 in Toronto, Canada.  (Photo by Vaughn Ridley/Getty Images)
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Bob Nightengale of USA TODAY Sports reports that Indians manager Terry Francona has set his starting rotation for the first three games of the World Series against the Cubs. Corey Kluber will start Game One, followed by Trevor Bauer and Josh Tomlin for Games Two and Three, respectively.

Kluber, the ace of the staff, has had a terrific postseason. He’s made three starts with a 0.98 ERA and a 20/7 K/BB ratio in 18 1/3 innings. The Indians won two of his starts — Game Two of the ALDS and Game 1 of the ALCS.

Bauer was unable to make it out of the first inning of his ALCS Game 3 start against the Blue Jays after the stitches on his pinky opened up and caused blood to pour out. He suffered the injury repairing one of his drones, which he builds as a hobby. Bauer insists he’ll be good to go in Game Two, though he also insisted that the injury wouldn’t be an impediment against the Jays.

Tomlin has made two solid starts for the Indians, allowing a total of three runs over 10 2/3 innings. The Indians won both games he started, Game 3 of the ALDS and Game 2 of the ALCS.’s Jordan Bastian notes that if Bauer can’t go in Game Two, Tomlin will be moved up to start in his place.