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.

Photo of the Day: Colby Rasmus just wants to love on everybody

Colby Rasmus

Colby Rasmus hit a big home run last night to set off the scoring and to set the tone for the Astros.

After the game he spoke to Jeff Passan of Yahoo and voiced some nice perspective and maturity as well, acknowledging that his time and St. Louis and Toronto left him with a reputation that he’d rather not have follow him around forever, saying “I don’t want them to say Colby Rasmus was a piece of crap because he had all of this time and just wanted to be a douche. I just try to love on everybody.”

Fair. By the way, this is what Rasmus looked like either just before or just after telling reporters that he “just tries to love on everybody.”


Ready for some lovin’?

There’s no one to blame in Yankees’ loss

Joe Girardi

You’re going to boo All-Star Brett Gardner for striking out against a Cy Young contender?

You’re going to bash Alex Rodriguez for going hitless in another postseason game, three years after his last one?

Maybe you’d prefer to put it all on Masahiro Tanaka for giving up two solo homers to a lineup full of 20-homer guys?

The truth is that the Yankees were supposed to lose tonight. They were facing an outstanding left-hander with their forever-lefty-heavy lineup, and they simply didn’t have anyone pitching like an ace to set themselves up nicely for a one-game, winner-take-all showdown. The 3-0 result… well, that’s how this was supposed to go down.

It didn’t necessarily mean it would; what fun would it be if the better team always won? And the Astros might not even be a better team than the Yankees. However, the Astros with Dallas Keuchel on the mound were certainly a better team than the Yankees with whoever they picked to throw.

I just don’t see where it’s worth putting any blame tonight. Joe Girardi? He could have started John Ryan Murphy over Brian McCann against the tough lefty, but he wasn’t willing to risk Tanaka losing his comfort zone by using a backup catcher.

The front office could have added more talent, perhaps outbidding the Blue Jays for David Price or the Royals for Johnny Cueto, and set themselves up better for the postseason. However, that would have cost them Luis Severino and/or Greg Bird, both of whom went on to play key roles as the Yankees secured the wild card. Would it really have been worth it? I don’t think so.

Tanaka gave the Yankees what they should have expected. Had Keuchel’s stuff been a little off on short rest, Tanaka’s performance would have kept the Yankees in the game.

Keuchel, though, was on his game from the first pitch. The Astros bullpen might have been a bit more vulnerable, and late at-bats from Gardner, Carlos Beltran, Rodriguez and McCann definitely left something to be desired. Still, on the whole, the lack of offense was quite a team effort.

The Yankees got beat by a better team tonight.  I’m not sure the Astros would have been better in Games 2-7 in a longer series, but they had everything in their favor in this one.