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Did the BBWAA violate its own Constitution in disciplining Dan LeBatard? Maybe? I can’t tell.

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Dan Szymborski alerts me to something that is potentially  — and I stress “potentially” — quite delicious. It seems that the BBWAA Constitution — under which the BBWAA suspended Dan LeBatard for giving his vote to Deadspin — requires notice and hearing before disciplinary action. Notice and hearing that could not have possibly taken place before his suspension today:

BOARD OF DIRECTORS: Disciplinary

Section 3: As the Association’s disciplinary commission, the Board shall be empowered to investigate charges and conduct trials in special meetings in the following manner:

A written statement of charges of any alleged misconduct against a member shall be served on the respondent at least 15 days in advance of any hearing or trial. The written statement shall include a reference to the provision in the Constitution or other governing rule or regulation alleged to have been violated, as well as a statement of the conduct of the respondent that is alleged to have violated that provision.

The Association and the respondent shall exchange lists of witnesses and copies of all exhibits that they propose to submit at the hearing or trial at least five days in advance of the hearing or trial.

At the hearing or trial, both the Association and the respondent shall be given a reasonable opportunity to cross-examine each others’ witnesses, as well as to present witnesses on their own behalf and to present relevant documentary evidence.

Obviously none of that has or could have happened given that LeBatard’s identity as the Deadspin Whisperer wasn’t revealed until yesterday.

That said, there is another section in the Constitution which works against this, as it suggests that one-year suspensions — which LeBatard recevied — can happen “automatically.”

B: Members shall adhere to the objects and ethics of the Association and shall exercise utmost care in the duties and privileges of memberships.

    1. 1. Violators’ memberships shall be suspended automatically by any Chapter Chair or Association Warden for one year dating there from. This offense shall be reported to the Secretary-Treasurer and the card of the offender shall be revoked.
    1. Reinstatement after suspension shall, in addition to regular qualification, require payment of annual dues for the period of suspension.

This is a little problematic in that neither section references the other, which you would normally expect when one term limits another term of such a document. It’s possible that this is just bad drafting. It’s possible that the one-year “automatic” suspension refers to different kinds of suspensions — ones by local chapter chairs instead of the Board of Directors, for example — than the one LeBatard got. It’s also possible that LeBatard indicated to the BBWAA that he’d waive all hearing and appeal rights and just take his medicine so none of this potential ambiguity matters in the least.

If he did want to challenge this — and if I’m not simply missing something in the BBWAA Constitution — he could theoretically sue to be reinstated or something, arguing that his organization didn’t follow its own rules. But really, it’s highly unlikely he’d bother given that he basically gave the BBWAA the big kiss off with his comments in Deadspin yesterday.

I’d be curious for others — especially others with legal backgrounds — to look at these two provisions and the BBWAA Constitution and see if I’m out to lunch or if LeBatard would actually have something to argue about if he wanted to. My presumption is that the BBWAA Board of Directors thought about all of this beforehand and that there isn’t much here, but my litigator’s eye keeps going to the notice and hearing provision and thinking … “hmmm”

Video: Odubel Herrera’s glorious bat flip

DETROIT, MI - MAY 25: Odubel Herrera #37 of the Philadelphia Phillies hits a three run home run during the fourth inning of the inter-league game against the Detroit Tigers on May 25, 2016 at Comerica Park in Detroit, Michigan. (Photo by Leon Halip/Getty Images)
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Phillies outfielder Odubel Herrera, playing in his second game since being benched for a lack of hustle, hit a three-run home run to extend his team’s lead to 5-1 in the fourth inning on Wednesday afternoon. After putting a sweet swing on an Anibal Sanchez 2-1 slider, Herrera flipped his bat in grand fashion. It wasn’t quite as emphatic as Jose Bautista‘s from last year’s ALDS, but it was glorious nonetheless.

To the Tigers’ credit, Herrera’s bat flip didn’t result in any shouting or fighting or throwing intentionally at hitters. So that’s nice.

Herrera is now batting .327/.440/.461 with five home runs and 17 RBI on the year. The Phillies selected him in the Rule 5 draft from the Rangers ahead of the 2015 season and he’s proven to be the lifeblood of the offense thus far.

30 years ago, Dave Kingman sent a live rat to a female reporter

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Someone on Reddit’s /r/baseball page linked to this New York Times article from June 1986.

Dave Kingman, then with the Athletics, was 37 years old and playing in what would be his final season. He was fined $3,500, which is a little over $7,600 in 2016 dollars, for sending a live rat in a pink box to a female reporter, Susan Fornoff of The Sacramento Bee. The rat wore a tag that said “my name is Sue.”

Kingman refused to apologize, saying, “I’ve pulled practical jokes on other people and I didn’t apologize to them.”

According to Fornoff, Kingman had said to her that women don’t belong in the clubhouse, and Kingman had been harassing her since she began covering the team in ’85. The Athletics didn’t keep Kingman around after the season, and he ended up hanging up the spikes.

Pete Dexter wrote in more detail about the incident at Deadspin a few years ago. It’s a good read.

I wasn’t familiar with this story as I was still more than two years from being born when it happened. Sports media has made strides towards being more inclusive of non-white cisgender straight men, especially compared to 30 years ago. But, of course, we’re still a long ways away from an ideal world in which everyone is treated equally and everyone has equal access. Some of the best baseball reporting and analysis these days is being done by women and it’s nice to see sites, especially FanGraphs recently, make a concerted effort towards diversification.

D-Backs mulling optioning Shelby Miller to the minors

PITTSBURGH, PA - MAY 24:  Shelby Miller #26 of the Arizona Diamondbacks pitches in the first inning during the game against the Pittsburgh Pirates at PNC Park on May 24, 2016 in Pittsburgh, Pennsylvania.  (Photo by Justin K. Aller/Getty Images)
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Diamondbacks starter Shelby Miller continued to struggle on Tuesday, serving up six runs on eight hits and four walks with three strikeouts over five innings against the Pirates. His ERA, in 10 starts this season, stands at an unsightly 7.09 with 30 strikeouts and 29 walks in 45 2/3 innings.

The D-Backs acquired him from the Braves over the winter, sending 2015 first overall pick Dansby Swanson to Atlanta along with pitching prospect Aaron Blair and outfielder Ender Inciarte. It’s a trade they’d most likely take back if they had the luxury.

Instead, GM Dave Stewart is considering optioning the right-hander to Triple-A Reno to figure things out, Jack Magruder reports for Today’s Knuckleball. Stewart said, “We want to get him on track the best way we can. We will figure it out and do what’s needed.”

Miller is currently slated to start against the Padres on Sunday, so the club has a few more days to consider what to do. Josh Collmenter will likely be activated over the weekend, which would create a convenient way to put him back on the roster and deal with Miller.

Jackie Bradley, Jr. and Xander Bogaerts both extend their hitting streaks

BOSTON, MA - MAY 24:  Jackie Bradley Jr. #25 of the Boston Red Sox returns to the dugout after scoring in the second inning during the game against the Colorado Rockies at Fenway Park on May 24, 2016 in Boston, Massachusetts. Extending his hitting streak to 28 games.  (Photo by Adam Glanzman/Getty Images)
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Red Sox outfielder Jackie Bradley, Jr. and shortstop Xander Bogaerts both extended their hitting streaks on Wednesday night against the Rockies, and both did it in the bottom of the fourth inning.

Bogaerts led off the inning with a solo home run to left-center off of Chad Bettis. After David Ortiz walked and Hanley Ramirez grounded into a fielder’s choice, Bradley laced a single to left field. Bogaerts’ streak now stands at 18 games and Bradley’s is at 29. Bradley is tied with Johnny Damon for the fourth-longest streak in Red Sox history. He trails Tris Speaker and Nomar Garciaparra at 30 and Dom DiMaggio at 34.

The Red Sox entered Wednesday’s action averaging 5.87 runs per game, the best mark in baseball. The major league average is 4.28. Bogaerts and Bradley, unsurprisingly, have been a big part of the offense’s success thus far.