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What should MLB have done in the A-Rod case? What should the players think now?


So much of what I’ve been writing about and reacting to the past few days has been focused on what x, y and z mean for Alex Rodriguez. And, frankly, that’s getting close to played out. Meanwhile, Chris Needham — a dedicated reader/critic of mine (but a smart and well-intentioned one) — challenged me this morning to take on some issues I have not dealt with as much.

The background here is that Chris has often accused me of too often retreating to my comfortable territory of (a) fixating on due process issues in the PED debates; and (b) looking hypercritically at what Bud Selig and MLB do while not leveling the same level of scrutiny at the A-Rods of the world.  He’s not wrong to make such accusations. Due process is my jam, so I write far more about that than anything. And given how large and loud the crowd going after the A-Rods of the world is, I’m naturally inclined to take the other side because I’m prone to being a pain in the ass contrarian at times. Knowing Chris as I do, I feel like he can at least appreciate that part of me.

But whatever can be said about all of that stuff, Chris does raise two very good topics of conversation. I’ll let him speak:

Let’s talk about those things, shall we?

The “what should MLB have done in the face of the evidence against the Biogenesis players” thing touches on something Chris and I discussed yesterday about MLB’s behavior in the investigation. I and many others have criticized baseball for buying off Tony Bosch and getting in the mud to get the goods on A-Rod and others, but it’s easy to fire shots from the sidelines after the fact. A better question is what should MLB have done at the time?

Since there are a number of different acts in play here, I’ll answer in bullet point form to save everyone’s eyes and brain:

  • I was highly critical of MLB’s lawsuit against Anthony Bosch which eventually coerced his cooperation. I still believe that, legally speaking, it was horrendous and that the Florida court was wrong to let it go forward. As a lawyer I make a different call than Bud Selig ultimately made in filing it because at the time I would have argued that it was likely to backfire and prove embarrassing for the league and because, ethically speaking, it skated close to abuse of process. But I will freely admit that I was wrong about the gambit’s ultimate success. It clearly was the game-changer in this case. But game-changer or not, I’d advise baseball that the “drug dealers are interfering with our contracts” strategy is not likely to be successful more often than it fails.
  • Short of that, I would make whatever deal I could with Bosch in order to enlist his cooperation. Yes, it’s unseemly to get in bed with scum like Bosch, but I’m not sure how else you’re supposed to get the information you need to discipline players in circumstances such as his. Maybe I’m way less successful in getting a deal with Bosch if I don’t have the lawsuit hanging over his head. Maybe A-Rod buys his silence before I can buy his cooperation. But I do reach out and offer him legal indemnification and offer to buy his documents and try to persuade him that he wants to be on the side of the angels rather than the A-Rods.
  • That said, as a bright line, I would not, if I were running Major League Baseball, have permitted my investigators to purchase the stolen Biogenesis documents. Maybe that costs me valuable information. Maybe that blows my case entirely. But I see no end result, including the possible failure to punish A-Rod, that is worth an organization under my command breaking the law, which I believe happened in this case. I also do my best to get better sourcing for the information my investigators obtained than guys named, simply, “Bobby.”
  • If I don’t have evidence, it means A-Rod got to Bosch. And given the reporting of last spring and early summer, everyone knows it. I stake my case against A-Rod on the documents I had, hope that the arbitrator accepts them for what they are without Bosch’s authentication and — if I don’t have Bosch — try to cut as many deals as I can with other Biogenesis players, possibly including deals to get them to admit to the arbitrator that the stuff in those documents relating to them was true and hoping that he takes the leap that it was true with respect to A-Rod too. At the same time, I lean far more strongly on an obstruction of the investigation case against A-Rod and hope that what I can’t get him for on drug use I can get him for in disappearing Bosch.

So where does that leave me if I am running MLB? Maybe a weak case. Maybe A-Rod skates. But I can at least look at myself in the mirror and — more importantly — I can face the players and the union and have them know that I’m a straight shooter who is not willing to trample over ethical lines in order to nail one guy I hate. And I still make my public case against A-Rod, because people think he’s scum anyway. And, even if the case against him fails, I at least now have something I can go to the union and the players with: “this guy just made us all look like fools. Do we want that? I don’t. Let’s ratchet-up the drug testing and penalty program again.”

Ultimately, this is rooted in my belief that the ends do not always justify the means and that the end in this case — punishing a guy who everyone already thinks is a cheater and who is already near the end of his career — certainly aren’t worth the risks MLB took in this case, even if they did prevail on their many gambles.

As for the second question: what the rank and file should/would think after all of this? Well, that one is a little easier. Really three big takeaways. I touched on the first one back in July, but let’s flesh it out more.

  • First, I think this whole affair sends the message that MLB is not content to sit back and wait for positive tests anymore. That, if someone is trying to sell me sophisticated, undetectable stuff that’s only part of the equation. Risk also comes from whether this guy is dealing with other players. Whether he’s himself compromised. Whether the police-style investigation that could come of this would prove embarrassing for me, even if it does only result in a suspension. Before they could only talk about my urine. Now they are willing to put my entire personal life — maybe even my sex life — out into the open if I’m in the crosshairs. A player who gets into PEDs now in the way most have before — via some guru/clinic he heard about from some other players who talked him up — is stepping into much more dangerous territory now than he was a couple of years ago. “MLB will get me and they will stop at nothing to do it” is something that has to enter my mind.
  • Second, if I am a player who is clean, always will be, hates the cheaters and hates that players are so often suspected of cheating because of jerks like Bonds and A-Rod and those who came before, I’m happy about what just happened. Maybe A-Rod isn’t the only one who ever did anything and maybe Selig doesn’t deserve hero status in the PED arena, but I’d much rather they be the focus of all of this than some never-ending game of suspicion. And I’m happy that maybe, just maybe, people will stop assuming everyone is cheating and accept that most of us are honest athletes doing great things. And I’m especially happy that those of my colleagues who would cheat have something to be fearful of.
  • Finally, once the dust on A-Rod settles and the conversation moves away from “piece of crap got what was coming to him,” I worry a little bit if I’m a major league baseball player. I worry that my league is willing to break rules and maybe the law to come after me if they want to. I worry — based on the difference in intensity between the league’s approach to A-Rod vs, say, Bartolo Colon — that if I become an unpopular or too-highly-paid figure that they may treat me differently than they do someone else. I worry that my union may make comments in public that come off less than supportive and, heck, I may even worry a bit that my union may not completely have my back in substance too. I also worry that we have a loophole in the drug testing system now where MLB can get substantially tougher penalties against me if I DON’T fail any tests than if I do, and that just seems crazy to me.

So, there we are. Some takeaways that aren’t a monomaniacal defense of Alex Rodriguez. Gosh, makes me feel all uncomfortable doing that. Quick — someone shoot me a link to an article in which some writer compares A-Rod to the Zodiac Killer. I need a fix.

Jacob deGrom outduels Clayton Kershaw, Mets take 1-0 NLDS lead

Jacob de Grom
AP Photo/Kathy Willens

Jacob deGrom put together one of the best post-season starts in Mets history, outdueling three-time Cy Young Award winner Clayton Kershaw to pitch his team into a 1-0 NLDS lead. The right-hander fanned 13 over seven shutout innings, holding the Dodgers to five hits and a walk as the Mets won 3-1.

deGrom’s game score of 79 is the fifth-best by a Mets starter in the playoffs, behind Jon Matlack, Mike Hampton, Bobby Jones, and Tom Seaver, according to Baseball Reference. As Katie Sharp notes on Twitter, deGrom is one of three pitchers to hold the opposition scoreless on 13 or more strikeouts and one or fewer walks. The other two are Tim Lincecum and Mike Scott.

In the eighth inning, reliever Tyler Clippard allowed a one-out double to Howie Kendrick followed by an RBI single to Adrian Gonzalez as the Dodgers finally got on the board. Closer Jeurys Familia entered and recorded the final out of the eighth inning by inducing a weak line out from Justin Turner. In the ninth, Familia worked a 1-2-3 frame to wrap up the game.

Kershaw remains winless in the post-season since Game 1 of the 2013 NLDS, a span of seven starts. He gave up a solo home run to Daniel Murphy in the fourth inning, then walked the bases loaded in the seventh inning before departing with two outs. Reliever Pedro Baez entered and allowed two of his inherited runners to score when David Wright lined a single to center field. On the evening, Kershaw was on the hook for three runs on four hits and four walks with 11 strikeouts. Though he lost his command a bit towards the end of his start, the lefty pitched quite well and will be on the receiving end of some unnecessary criticism as a result of taking another post-season loss.

deGrom and Kershaw both struck out 11 batters, the first time that has happened in a major league post-season game.

Michael Cuddyer didn’t look too good out in left field for the Mets.

Game 2 of the NLDS will continue on Saturday at 9:00 PM EDT. Noah Syndergaard will start for the Mets opposite Zack Greinke of the Dodgers.

Clayton Kershaw, Jacob deGrom create MLB first with 11 strikeouts each in the playoffs

Jacob deGrom
AP Photo/Alex Brandon

For the first time in major league history, both pitchers in a playoff game have struck out at least 11 batters, per’s Paul Casella. Mets starter Jacob deGrom has pitched just a hair better than Dodgers starter Clayton Kershaw overall. deGrom has blanked the Dodgers over six frames on five hits and a walk. Kershaw made one mistake, resulting in a solo home run to Daniel Murphy in the fourth inning. He’s allowed four hits and four walks total in 6 2/3 innings.

The last time opposing starters each struck out 10 in a post-season game was back in 1944 in Game 5 of the World Series when Mort Cooper of the St. Louis Cardinals struck out 12 and Denny Galehouse of the St. Louis Browns struck out 10.

Michael Cuddyer not shining in left field early in NLDS Game 1

Michael Cuddyer
AP Photo/Kathy Kmonicek

Mets outfielder Michael Cuddyer has already made a pair of mistakes in left field and he’s only four innings into the first game of the best-of-five NLDS against the Dodgers.

Leading off the second inning, Justin Turner sent a well-struck liner to Cuddyer which was quite catchable, but the ball clanked off of the veteran’s glove. Turner was credited with a double. Mets starter Jacob deGrom was able to work around the misplay, striking out Andre Ethier, A.J. Ellis, and Clayton Kershaw to close out the frame.

With two outs in the third inning, Corey Seager sent a fly ball down the left field line. Cuddyer took an inefficient route and the ball bounced about a foot inside the foul line, then into the stands, giving Seager a ground-rule double. To add insult to injury, Cuddyer ended up tumbling over the fence. deGrom, again, worked around Cuddyer’s mistake, striking out Adrian Gonzalez to end the inning.

Because he bats right-handed, Cuddyer got the start in left field over the left-handed-hitting rookie Michael Conforto against Kershaw, a southpaw. Conforto mustered only a .481 OPS against lefties this season compared to Cuddyer’s .698. Despite the batting disparity, one wonders how short a leash manager Terry Collins has on Cuddyer given his defense.