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”

David Price likely to be scratched with a “barking” elbow

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David Price is reported to have a “barking” elbow and it is expected that the Red Sox will scratch him from tonight’s start against the Royals in Boston. Dan Shaughnessy reports that the elbow soreness is similar to what he was feeling in the spring and that the Red Sox may place him on the disabled list. UPDATE: Buster Olney reports that the Red Sox gave Price an MRI yesterday.

Price was knocked around for six runs — five earned — in five innings against the Angels in his last start. He was also the subject of controversy soon after that after Shaughnessy reported the details of his run-in with Dennis Eckersley on the Sox team plane in June. That incident and his elbow are obviously separate things, but that’s not stopping the talk radio from people using the report of Price’s elbow to question is fortitude and stuff. Which is dumb, even if it is predictable. If you want to question Price’s character, fine, but to suggest that it’s related to his health is a silly way to go about it.

Price is 5-3 with a 3.82 ERA and a 63/22 K/BB ratio in 66 innings across 11 starts this year. The Red Sox are a half game up on the Yankees in the AL East.

The Yankees and A’s are at an impasse on a Sonny Gray deal

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There was a lot of talk yesterday that the New York Yankees and the Oakland A’s were close to a Sonny Gray deal, but that seems to be at an impasse now, as Jon Heyman reports that the A’s want either either Clint Frazier or Gleyber Torres and the Yankees say both of those prospects are off limits.

Frazier, who has held his own with a .284/.299/.541 line since his callup at the beginning of the month, is a key part of the Yankees future or — if you think Brian Cashman is bluffing here — a prime trade chit for someone better than Sonny Gray. Torres, despite his season ending due to Tommy John surgery following a freak play, is widely considered the Yankees shortstop of the future. Again, no one is untouchable in the right deal, but it’s an open question as to whether Sonny Gray is really the guy you burn your top prospects for.

There are lesser pitchers for whom the Yankees could trade, such as Jaime Garcia. Or, if they want to take a chance on a rental, they could go after Yu Darvish. But at the moment it does not seem like a Gray-to-New York deal is gonna happen.