Bud Selig

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

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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.

Billy Butler on altercation with Danny Valencia: “We had equal faults in this.”

OAKLAND, CA - JULY 24: Billy Butler #16 of the Oakland Athletics celebrates a solo homerun in the bottom of the eighth inning to regain the lead against the Tampa Bay Rays at the Oakland-Alameda Coliseum on July 24, 2016 in Oakland, California.  (Photo by Don Feria/Getty Images)
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On Friday, Athletics teammates Billy Butler and Danny Valencia were involved in a clubhouse altercation that started when Butler told an equipment representative that Valencia was wearing off-brand spikes during games. Valencia didn’t like Butler’s interference, potentially costing him an endorsement deal, so he punched Butler in the temple, causing a concussion.

Neither player had said much to the media about the incident, but Butler finally addressed the issue on Wednesday. MLB.com’s Mark Chiarelli reported Butler’s comments:

“This was something that could’ve been prevented on both sides,” Butler said. “We had equal faults in this. I definitely said some things that you shouldn’t have. I definitely stepped in an area where it wasn’t my business.”

[…]

“By no means do I think his intentions were to give me a concussion,” Butler said. “This is me addressing my faults and what I took away from the team.”

[…]

“To say that we’re enemies is not right,” Butler said. “To blame this all on one side is not right either.”

Butler also apologized to his teammates. “I would like to apologize for putting [my teammates] through this because they didn’t deserve this. This was an issue between me and Danny. To be fair for them, they didn’t deserve this. The coaching staff didn’t deserve this. The organization didn’t deserve this,” he said.

Butler is making progress in his recovery from his concussion. He’ll travel with the team to St. Louis to open up a three-game series against the Cardinals starting on Friday. If he passes his concussion protocol test, the Athletics will put him back on the active roster from the seven-day concussion disabled list.

Report: Pablo Sandoval has lost 22 pounds during his rehab

BOSTON, MASSACHUSETTS - APRIL 11:  Pablo Sandoval #48 of the Boston Red Sox looks on from the dugout before the Red Sox home opener against the Baltimore Orioles at Fenway Park on April 11, 2016 in Boston, Massachusetts. The Orioles defeat the Red Sox 9-7.  (Photo by Maddie Meyer/Getty Images)
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WEEI’s Rob Bradford reports that Red Sox third baseman Pablo Sandoval has lost 22 pounds during his rehabilitation after undergoing shoulder surgery in early May. Weight has been the top subject of conversation regarding Sandoval ever since he showed up to spring training and an unflattering photograph was published by the Boston Globe.

Sandoval had a miserable spring training, batting .204 in 49 at-bats and lost out on the starting third base job to Travis Shaw. He went hitless in seven regular season plate appearances before landing on the disabled list with a sprained left shoulder, which ultimately required reconstructive surgery.

Sandoval is still under contract through at least 2019, earning $17 million next season, and $18 million in ’18 and ’19. His controlling club has a $17 million option with a $5 million buyout for 2020 as well. It’s hard to see Sandoval fitting into his current club’s future plans, but it will be tough for the Red Sox to get rid of him without eating a significant portion of his remaining contract.