Bud Selig

Weiner: the 50-100-lifetime suspension rules don’t apply to Biogenesis

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We were really thrown a curveball earlier today when MLBPA head Michael Weiner, addressing the media, said that the penalties facing Biogenesis-implicated players are not ruled by the Joint Drug Agreement’s 50-game, 100-game, lifetime ban specifications.  When asked about why that was, Weiner pointed to the Commissioner’s “just cause” powers under the JDA.

Which seems odd to me because, as Wendy Thurm pointed out earlier today, the JDA says this about discipline:

A player who tests positive for a Performance Enhancing Substance, or otherwise violates the Program through the possession or use of a Performance Enhancing Substance, will be subject to the discipline set forth below. (emphasis mine) 1. First violation: 50-game suspension; 2. Second violation: 100-game suspension; 3. Third violation: Permanent suspension from Major League and Minor League Baseball.

That italicized language seems to say that the discipline regime applies whether it’s a testing positive or, as will be the case with Biogenesis, non-analytical positives, circumstantial evidence-based violations, etc. There’s nowhere else in the agreement which speaks to Commissioner discretion with respect to discipline beyond the mere words “just cause,” which again, seems to speak to the violation, not the discipline.

Could this be a negotiated thing? The union and the league having an understanding, either now or having had it always, about what might happen if they’re dealing with a non-testing-based violation? And no matter when it was decided that any amount of discipline could apply for such violations, could it not mean that some guys get less than 50 games? Some way more.

As an example: say a Biogenesis Player — let’s call him Theo Blonzalez — has very weak evidence against him in the documents and testimony, but that the league wants to discipline him anyway. Might they take this discretion and give him, say, a five game suspension? That might be a nice break for someone like Blonzalez who, otherwise, might be subject to an automatic 50, which would seem overly harsh. At the same time, might another player with stronger evidence against him — say Schmalex Rodriguez — be slapped with unlimited discipline even if it’s a first offense?

I don’t know what it means, frankly. But I find it fascinating. And it further underscores my suspicion that a lot more conversations are happening between the union and the league than we know about. And that, just maybe, it’s nowhere near as adversarial as we might think.

Mitt Romney’s sons are trying to buy a stake in the Yankees

TAMPA, FL - AUGUST 30:  Tagg Romney son of Republican presidential candidate, former Massachusetts Gov. Mitt Romney gives an interview during the final day of the Republican National Convention at the Tampa Bay Times Forum on August 30, 2012 in Tampa, Florida. Former Massachusetts Gov. Mitt Romney was nominated as the Republican presidential candidate during the RNC which will conclude today.  (Photo by Chip Somodevilla/Getty Images)
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Mitt Romney built his professional life in Massachusetts and was once the governor of the state. As such, it is not surprising that he has long identified as a Red Sox fan. So this has to be troubling to him from a fan’s perspective. From Jon Heyman:

The Romney family is bidding to buy a small stake in the Yankees months after their try for the Marlins stalled. If the deal goes through, it is expected to be $25 million to $30 million per percentage point and thought to be interested in one or two percentage points. The Yankees are valued around $3 billion or more.

The effort is being led by Mitt’s son Tagg, one of his brothers and their business partners. Mitt’s spokesman tells Jon Heyman that he has nothing to do with it personally. Tagg Romney is reported to have been planning a bid for controlling interest in the Marlins, but that has fallen through.

I find this interesting insofar as the M.O. for the Steinbrenners has, for years, been to buy out minority shareholders in the Yankees, not seek more. Indeed, when George Steinbrenner bought the Yankees back in 1973 he held just a bare controlling interest and there were a ton of silent partners, most of which were back in Ohio and knew Steinbrenner from his shipping business. I’ve personally gotten to know some of them over the years as there are a handful of them in Columbus and I crossed paths with them in my legal career. They have almost all been bought out in the past couple of decades. They still get season tickets and World Series rings and stuff. You can tell them by their personalized Yankees plates and the fact that, within the first ten minutes of meeting them, they will tell you that they once owned a piece of the Yankees but got pushed out.

In light of all of that it’s interesting that the Steinbrenners are once again accepting bids for small stakes in the team. Especially from someone whose interest in controlling the Marlins suggests that they do not consider it to be a mere vanity investment. Makes me wonder what the Steinbrenners’ long term plans are.

Max Scherzer still can’t throw fastballs

WASHINGTON, DC - OCTOBER 13: Max Scherzer #31 of the Washington Nationals works against the Los Angeles Dodgers in the fifth inning during game five of the National League Division Series at Nationals Park on October 13, 2016 in Washington, DC. (Photo by Rob Carr/Getty Images)
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The Nationals will be many people’s favorites in the NL East this season. Not everything is looking great, however. For example, their ace — defending NL Cy Young winner Max Scherzer — can’t even throw fastballs right now.

The reason: the stress fracture he suffered last August is still causing him problems and Scherzer is unable to use his fastball grip without feeling pain in his right ring finger. He will throw a bullpen session tomorrow, but will only use his secondary stuff.

Scherzer has not been ruled out for Opening Day — the fact that he is throwing some means that his timetable isn’t totally on hold — but you have to figure, at some point, not being able to air things out and use his heater will lead to some problems in his spring training routine.