Bud Selig

MLB needs to assure the players that the A-Rod case does not set a new precedent


Everyone is squawking about MLB officials going on “60 Minutes” last night. I don’t think it’s the biggest thing in the world. It’s unseemly for MLB to basically take a victory lap like that, but I doubt they would have if A-Rod and his lawyers hadn’t been pulling those kinds of stunts themselves. Which, of course, followed many MLB leaks and things going back months. No one is covered with glory when it comes to the discretion angle of this nearly year-long affair.

That said, it’s possible to view MLB’s willingness to make a public case like this as an extension of their willingness to break with the automatic penalties of the Joint Drug Agreement that I described on Saturday. Dispensing with the clearly-delineated penalties of the JDA and grabbing a Commissioner’s discretion to suspend for hundreds of games in a first offense. Making P.R. cases in a drug testing program that is supposed to be automatic, zero-tolerance and, above all, confidential. Indeed, the entire character of Major League Baseball’s drug program has been changed as a result of the Biogenesis investigation and suspensions.

And as a result of that, it is incumbent upon Major League Baseball to tell the players and, to the extent they care, the fans, whether it intends to continue on in this fashion or if, alternatively, this was an odd, and unlikely-to-be-repeated case. And yes, this matters.

As I said on Saturday, Bud Selig, with the approval of baseball’s arbitrator, has created a new power to punish from whole cloth. When a player is suspected of drug use but there is no positive test — which, of course, represents a failure of the testing program — Major League Baseball now has the power to use discretion and to apply any penalty it wants, without reference to the 50-100-lifetime ban. It can justify it by claiming a lack of candor (justifying 15 extra games for Ryan Braun) or obstruction, justifying 112 additional games for Alex Rodriguez. The evidence of that lack of candor or obstruction is not for public consumption. It can publicize its investigation and punishment with impunity.

And, most importantly of all, unlike any other power to punish players in existence, Major League Baseball has claimed these powers without the assent of the Players Union.

While it is unlikely that some player is going to draw the ire in the same way Ryan Braun and A-Rod did, it is now possible for baseball to go after someone in the same way if it so chooses. If it hears a rumor of a player’s drug use, it can question the player and decide, on its own, whether that player is being truthful. It can file lawsuits against his friends and associates to coerce them into turning on him. It can buy stolen property and give six-figure sums to shady people as long as they cooperate with them. In the end, it can suspend the player for hundreds of games — maybe 200 or more — and only see the suspension reduced if the player has the means to mount a months-long legal challenge.

Perhaps it is unlikely that Major League Baseball would ever do this again. Perhaps A-Rod and Ryan Braun represent unique cases. But, tell me, when was the last time any governmental, quasi-governmental or administrative body willingly relinquished power for which it made a bold grab?

While the unpopularity of appearing to side with Alex Rodriguez or appearing to be anything less than tough on PEDs mitigates against most players and members of the media from criticizing the manner in which Major League Baseball obtained its discipline against A-Rod, the fact is, Bud Selig’s actions and assumption of new power in the drug game is troubling and potentially damaging. It could lead to abuses by Major League Baseball. More likely, it could lead to mistrust between the players and the league and could inject itself into labor negotiations in the future once people realize exactly what just happened here and why it’s so troublesome.

Major League Baseball could head that off, of course. After the dust from Saturday’s ruling settles, the league could issue a statement explaining — with reference to facts and perhaps the unsealing of the arbitrator’s ruling, not rhetoric like we’ve seen for months — exactly why A-Rod’s suspension was justified. It could assert where the power to issue a 211-game suspension (and then a 162-game suspension) flows from for a first offense.  It could explain why — if it truly believes so anyway — this isn’t a power grab by Commissioner Selig and why this decision does not create precedent beyond the highly-unique circumstances of Alex Rodriguez’s case.

I’m not holding my breath for that. Because, again, those who claim unprecedented power rarely voluntarily relinquish it and even more rarely adequately justify it. And they are especially loathe to do either if no one bothers to complain.

Shawn Tolleson becomes a free agent

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The Rangers outrighted reliever Shawn Tolleson off the 40-man roster on Wednesday. Rather than accept the assignment to Triple-A Round Rock, Tolleson has opted to become a free agent, Rangers executive VP of communications John Blake reports.

Tolleson, 28, emerged as a closer for the Rangers in 2015, but his follow-up campaign this year was dreadful. He finished with a 7.68 ERA and a 29/10 K/BB ratio in 36 1/3 innings. He eventually went on the 60-day disabled list with a back injury.

Despite the nightmarish season, it’s easy to see a team deciding to take a flier on Tolleson for the 2017 season.

Indians strongly considering starting Carlos Santana in left field sans DH

TORONTO, ON - OCTOBER 19:  Carlos Santana #41 of the Cleveland Indians celebrates after hitting a solo home run in the third inning against Marco Estrada #25 of the Toronto Blue Jays during game five of the American League Championship Series at Rogers Centre on October 19, 2016 in Toronto, Canada.  (Photo by Elsa/Getty Images)
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Indians slugger Carlos Santana hasn’t played in the outfield in a major league game since 2012, but the Indians are strongly considering starting him in left field for Game 3 of the World Series at Wrigley Field on Friday, MLB.com’s Jordan Bastian reports. As the game is hosted in a National League park, there is no DH rule in effect, so the Indians might otherwise have to keep Santana on the bench.

Santana is hitless in six at-bats in the World Series thus far, but he has drawn two walks. He has overall not had a great postseason, carrying an aggregate .564 OPS in 40 plate appearances since the beginning of the playoffs. Still, during the regular season, he had an .865 OPS so he can certainly be a threat on offense at any given moment.