Mike Lupica continues to show his legal expertise

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Today Mike Lupica writes about the A-Rod appeal. As my post from this morning suggests, I’m actually with him regarding how much of a clown show the protests outside of the arbitration have become. But of course Lupica can’t make one decent point and get off it. He has to use it as a new excuse to go after Rodriguez because that’s just what he does.

Except he does it in the dumbest ways possible.  Today he makes two arguments in furtherance of his “A-Rod is an awful monster” campaign. First, if A-Rod is so wronged, why has he not got on a witness stand and proclaimed his innocence?

Through it all, you keep waiting for Alex Rodriguez to be the one to tell you that the case against him is unjust and unfair, that he is an innocent man. Only he never says that, not even to the media, as if he’s under oath. He never says that, his handlers never say it, at least on the record. He just says he will tell his story at the appropriate time.

And you wonder what could possibly be a more appropriate time than at his own arbitration hearing!

You wonder why Alex Rodriguez doesn’t testify on his own behalf the absolute first chance he gets, proclaim his innocence so loudly that they can hear him downstairs on the street between the police barricades.

Any smart observer of this knows the answer to that: A-Rod’s defense is not one of innocence. It’s one of proportionality of punishment. That his suspension is too long compared to other similarly-situated offenders. And more than merely misrepresenting the defense in an effort to make A-Rod seem more disingenuous than he is, he misrepresents how the the arbitration works.  It does not require the player’s testimony. And no one with half a brain would go tell the media — which is what Lupica clearly wants — all about his case while it’s still pending either.

The second argument: if A-Rod has nothing to hide, why is his grand jury testimony from the Anthony Galea case still private, hmm?

You wonder about something else in this case, wonder if Rodriguez is so falsely accused, and such a victim of an MLB investigation his lawyers are flop-sweat desperate to put on trial, why did those same lawyers fight so hard in Buffalo to keep Rodriguez’s grand jury testimony in the federal case against Dr. Anthony Galea, Alex Rodriguez’s old doctor, the patron saint of human grown hormone, sealed from now until the end of time?

If there isn’t anything in Rodriguez’s grand jury testimony about his use of banned substances, if there isn’t anything in there that can hurt the guy, why are his lawyers so scared about it?

Let’s set aside the fact that A-Rod’s current legal team is not comprised of “those same lawyers” who represented him when he gave grand jury testimony in Buffalo. A-Rod hired Joe Tacopina and a different legal team since then, so here Lupica is smearing the wrong folks.

Instead, let’s focus on the fact that no lawyers are “fighting so hard” to keep A-Rod’s grand jury testimony sealed.  Grand jury testimony is sealed as a matter of course pursuant to federal law. The witness can say what he said in front of a grand jury but no one else privy to it can release it. If they do, they can go to jail. Some folks may be fighting so hard to unseal it, but it’s supposed to remain sealed. That’s how the law works.

But of course if you’re Lupica there’s no sense in understanding how grand juries work. To do so would prevent a great opportunity for grandstanding.

Braves trade David Hernandez to the Angels

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The Atlanta Braves and Los Angeles Angels have completed a minor trade: Atlanta is sending righty reliever David Hernandez to the Angels in exchange for a player to be named later or cash considerations.

Hernandez hasn’t pitched in the big leagues this year. He’s pitched in seven games at Triple-A, allowing one earned run in eight innings of work. In seven years of big league work he’s got an ERA of 4.10 in 379 games. Last year he put up a 3.84 ERA in 70 games for the Phillies.

I’m assuming the PTBNL is not Mike Trout.

The Nats are sniffing around for relief pitching help

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The Nationals began the year with Blake Treinen as their closer. That didn’t last long, and now Koda Glover seems to be Dusty Baker’s man in the ninth inning. He earned a save for the second consecutive game yesterday. Glover has been pretty darn good in the early going, posting a 2.35 ERA and striking out six batters and walking only one in seven and two-thirds. That obviously a small sample size, and anything can happen. If it does, Baker has Shawn Kelley as an option.

Not many household names there, which is probably why the Nationals are reported to be interested in the White Sox’ David Robertson and Alex Colome of the Rays. That report comes from Jim Bowden of ESPN, who also notes that the A’s have a number of guys with closing experience on staff and are likely to be sellers too. The David Robertson thing may have more legs, though, given that Mike Rizzo and Rick Hahn pulled off a pretty major trade in the offseason. If you know a guy well, you call that guy first, right?

As far as problems go this isn’t a huge one. The Nats sit at 13-5 and, as expected by most prognosticators, are in first place in the National League East. The Cubs had some questions in the pen this time last year too. They had the luxury of trying to figure it out before making a massive trade for a closer. The Nats do too, and likely will. But expect them to be a part of any trade rumor conversation for the next couple of months.