Bud Selig

The MLB-Biogenesis lawsuit sends a pretty chilling message


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.

Game 2 will be played one way or another

CLEVELAND, OH - OCTOBER 26:  Grounds crew workers prepare the field prior to Game Two of the 2016 World Series between the Chicago Cubs and the Cleveland Indians at Progressive Field on October 26, 2016 in Cleveland, Ohio.  (Photo by Jamie Squire/Getty Images)
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The weather in Cleveland is not that great at the moment. It’s cold, windy, there’s drizzle and the chance for heavier rain increases as the night wears on. At the moment Game 2 of the World Series is still scheduled to kick off at 7:08PM Eastern Time, however. So bundle up.

And maybe hunker down. Because this game is going to go nine innings no matter what. Maybe not tonight, but eventually.

That’s because, you may recall, ever since that rainy, snowy mix forced the suspension in the sixth inning of Game 5 of the 2008 World Series between the Phillies and the Rays, Major League Baseball has held that all playoff games will be played in their entirety. There will be no six-inning, rain-shortened affairs.

The last word from MLB was that they would reassess the weather just before starting pitchers began to warm up this evening. If things still look about the same then, the game will proceed as scheduled. If the weather takes a turn for the worse, they’ll suspend the game and pick it up where it leaves off tomorrow.

A guy gave up his airline seat to Kenny Lofton, cashes in big

CLEVELAND, OH - OCTOBER 25:  Former Cleveland Indians outfielder Kenny Lofton reacts prior to throwing out the first pitch prior to Game One of the 2016 World Series against the Chicago Cubs at Progressive Field on October 25, 2016 in Cleveland, Ohio.  (Photo by Elsa/Getty Images)
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A man named Ken Kostal of Marblehead, Ohio was just trying to get home from Los Angeles yesterday morning. He looked over and saw former Indians great Kenny Lofton in the boarding area, trying to fly standby to Cleveland. Why was Lofton trying to get to Cleveland? To throw out the first pitch in last night’s Game 1 of the World Series, of course.

Kostal gave up his seat to Lofton and Lofton made it to Cleveland in time. But don’t weep for Kostal. He got more than a ticket on the next flight and some federally-mandated bonus cash. The Indians just announced that they are giving Kostal tickets for Game 6, if necessary. In addition, United Airlines is giving Kostal 62,200 miles for his use on a future flight. Why 62,200? Because Lofton had 622 career stolen bases.

That’s pretty dang sweet. And now Kostal is probably rooting for the Tribe to drop a couple of games so he can go to the World Series on the house.