This morning on the Today Show, Alex Rodriguez’s lawyer, Joe Tacopina, reiterated his stance that he would “love nothing more” than to discuss the case against Alex Rodriguez, but can’t do so due to the confidentiality provisions of the Joint Drug Agreement. He was then presented with a letter from Major League Baseball which offered to waive the confidentiality provisions. It made for some awkward moments for Tacopina and some fun TV at least.
The Wall Street Journal has a copy of the letter and reproduces it here. It’s from MLB’s Rob Manfred and it’s just as confrontational in prose as it was in its use on the Today Show. And having read it, I am even more of the view that Major League Baseball is being roped into a P.R. battle that it doesn’t need and probably shouldn’t want.
The only purpose of Manfred’s letter is to try to score some points on Tacopina and, by extension, Rodriguez, in the wake of Tacopina’s media offensive. That it came from Manfred and not legal counsel — which MLB should be using in its case against Rodriguez — is evidence of that. It strikes me as a letter Manfred himself dashed off or dictated with a cackle. And he certainly got his intended response on TV today.
But what does this get the league? For as loud as it has been, A-Rod and Tacopina’s offensive hasn’t changed many minds. And it doesn’t change the evidence. And by delving into the fray like this, putting the Confidentiality provision in play, one wonders if it doesn’t potentially weaken claims MLB may have against A-Rod in the arbitration about his own efforts to publicize or leak information that should otherwise be confidential. Might Tacopina use this letter to argue that MLB doesn’t care about those rights? That it has waived them or is, at the very least, selective as to when it believes they are relevant?
It’s not much, but it’s more than a fighter like Tacopina needs to grab onto and start punching. And it’s just going to add to the circus and the mess which MLB seemed to so want to avoid when it set out to discipline the Biogenesis players.
Most lawyers would counsel their clients to avoid this sort of bomb-throwing. Is anyone counseling Major League Baseball to do that?