The MLB-Biogenesis lawsuit sends a pretty chilling message

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Set aside the fact that it worked. Set aside the fact that the players who were punished got (or will be getting) what they deserved. Just ask yourself if you feel good about the fact that the lawsuit between Major League Baseball and the Biogenesis defendants enabled them to get all kinds of telecom data that people would not, in the ordinary course, be able to get:

Facebook friends. Transcripts of BlackBerry instant messages. Records of texts. Major League Baseball investigators used an arsenal of high-tech tools to collect the evidence that persuaded a dozen players to accept 50-game suspensions this week for their ties to the Biogenesis clinic … Records from Florida’s Circuit Court for Miami-Dade County that were examined by The Associated Press showed subpoenas were issued to Federal Express, AT&T Mobility, T-Mobile USA, UPS and MetroPCS. At least some of those companies complied and turned over data to the probe, one of the people said.

That’s well and good until you remember that from the moment Bosch agreed to side with Major League Baseball the lawsuit was essentially playacting. A gamed suit with both adversaries on the same side, working toward the same end, not in an actual adversarial posture to one another. They were nonetheless allowed to use the court system as a means to get at private citizens’ telecom records.

This isn’t necessarily on MLB — they had a plan and carried it out with all of the tools at their disposal — but it’s a disgrace for the court system and the telecom companies who complied with these subpoenas without a fight. The courts should be far more wary of these kinds of scams. Telecom companies should be far more protective of their customers’ records. Once they are subpoenaed they have a right to march into that court and say why they shouldn’t comply. It seems like they had ample reason to do so here but it appears as though they did not.

You may like the ends of the Biogenesis investigation, but there’s no escaping that the means were pretty damn slimy.

Dallas Keuchel is unlikely to return before the All-Star break

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Astros’ left-hander Dallas Keuchel might not return to the rotation before the All-Star break, Houston manager A.J. Hinch told reporters prior to Sunday’s game. The club placed their star southpaw on the 10-day disabled list on June 8, retroactive to June 5, after a nerve issue was revealed in his neck.

Keuchel has taken a conservative approach to his recovery over the last several weeks, and while he appears to have made some progress, still has yet to throw off the mound. The injury interrupted the start of an outstanding run with the Astros, during which the 29-year-old lefty furnished a 9-0 record with a 1.67 ERA, 2.1 BB/9 and 8.2 SO/9 through his first 75 2/3 innings of 2017.

According to Hinch, it’s certainly possible that Keuchel could return to the team sometime within the next two weeks, but it’s clear that the team would prefer to play it extra safe with their ace. Even assuming that he feels ready to reclaim his spot on the Astros’ pitching staff, he still needs to complete a few key activities before competing in another game — like throwing off a mound, for example. In the meantime, Lance McCullers Jr. will continue to head Houston’s rotation as they try to build on their 12.5-game lead in the AL West.

 

Hinch’s full comments are below:

The Mets are promoting Tim Tebow to Single-A St. Lucie

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Mets GM Sandy Alderson told the media on Sunday that the organization is promoting outfielder Tim Tebow from Single-A Columbia to advanced Single-A St. Lucie, MLB.com’s Anthony DiComo reports.

Tebow, 29, wasn’t hitting particularly well to merit the promotion. Across 241 plate appearances with Columbia, he hit .222/.311/.340 with three home runs and 22 RBI. He had just seven extra-base hits (all doubles) in his most recent 20 games. Alderson, however, defended the decision by citing Tebow’s exit velocity and other metrics.

I think we can all agree that the real reason is that promoting Tebow creates another opportunity for the Mets to sell merchandise with his name on it.

One has to feel for the outfielder Tebow will displace. St. Lucie’s regular outfielders have comparable stats to Tebow’s, so they aren’t exactly being replaced on merit. That outfielder will see less playing time, hurting his future prospects. Adding Tebow to St. Lucie’s roster will push someone off of the roster, which will also harm that player’s future prospects. And, remember, these players don’t make much money to begin with.