Bud Selig

MLB’s defense in the stolen documents story: “Did anyone prove the documents were stolen?”


I noted the other day that hardly any national columnist types seemed to want to touch the story about how MLB knowingly purchased stolen documents. Well, one did. Or at least one former national columnist-turned-blogger. That’s right, Murray Chass did what no one else seems all that interested in doing and dug into the slime of that case and the allegations against MLB that arose from the Newsday story.

Chass spoke to MLB vice president and counsel Dan Halem, who said (1) MLB didn’t rely on the stolen documents in question; and (2) maybe they weren’t stolen, did you ever think of that?

“The police had multiple theories; we made a judgment on what we had. They haven’t proven that they were stolen. We operated on the theory that they weren’t stolen . . . Did anyone prove the documents were stolen? Did anyone prove we used stolen documents?”

That’s a subtle twist on old the “you can’t prove it!” defense, but it’s still a pretty damn weak defense.

The part about MLB not even using those documents is weak in that, if they were so useless, why did they even bother to buy them? It’s weak in that, regardless of whether or not they used them, they still engaged in slimy behavior (they didn’t put the Biogenesis employee who slept with an MLB investigator on the stand either. Does that make it OK?) It’s weak in that, if nothing bad happened, why did MLB fire the investigators involved right before the Newsday story came out? It’s weak in that, if a major league player were to float some “hey, those drugs didn’t really help me out” defense they wouldn’t be given the time of day, and rightfully so.

But it’s weak mostly in that, as my readers are so fond of telling me, this isn’t a court of law. No one, not even the Boca Raton police, seem to think it’s worth prosecuting the matter of those stolen documents and thus no one is trying to ascertain whether MLB or any of its employees is guilty of a crime, rendering the “you can’t prove it!” defense beside the point.

Rather, people are noting that MLB willingly got into bed with slime balls — literally and figuratively — paid them off for information that was of dubious provenance and crossed multiple ethical and (possibly) legal lines in order to nab one baseball player it wished to turn into The Face of PEDs. Then they went on a high-fiving victory lap of the talk shows and received all kinds of attaboys for cleaning up the game.

Can we prove that anyone broke the law? Maybe not. But we certainly don’t need much more to know that Major League Baseball’s investigation was pretty damn shady. And, given that a very large part of the steroids-in-baseball conversation involves people making moral judgments about players who may have cheated even if we can’t prove it, it matters.

Lineups for Dodgers-Cubs NLCS Game 6

CHICAGO, IL - OCTOBER 16:  Kyle Hendricks #28 of the Chicago Cubs throws a pitch in the first inning against the Los Angeles Dodgers during game two of the National League Championship Series at Wrigley Field on October 16, 2016 in Chicago, Illinois.  (Photo by Jonathan Daniel/Getty Images)
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With Game 6 of the NLCS just hours away, the Dodgers will opt for a lefty-heavy lineup against right-hander Kyle Hendricks. Batting leadoff is rookie outfielder Andrew Toles, who made one appearance at the top of the lineup during the 2016 season. The Cubs, meanwhile, will bench Jason Heyward in favor of Albert Almora Jr.. This will be Almora’s first start of the playoffs, and while he has yet to face Kershaw in October, his right-handed bat could play well against the lefty at the bottom of the lineup.

Game time is scheduled for 8 PM EDT; lineups are below.


1. Andrew Toles (L) LF
2. Corey Seager (L) SS
3. Justin Turner (R) 3B
4. Adrian Gonzalez (L) 1B
5. Josh Reddick (L) RF
6. Joc Pederson (L) CF
7. Yasmani Grandal (S) C
8. Chase Utley (L) 2B
9. Clayton Kershaw (L) LHP
1. Dexter Fowler (S) CF
2. Kris Bryant (R) 3B
3. Anthony Rizzo (L) 1B
4. Ben Zobrist (R) LF
5. Javier Baez (S) 2B
6. Wilson Contreras (R) C
7. Addison Russell (R) RF
8. Albert Almora Jr. (R) RF
9. Kyle Hendricks (R) RHP

Report: Kyle Schwarber will return to the Arizona Fall League on Saturday

CHICAGO, IL - AUGUST 16:  Injured player Kyle Schwarber #12 of the Chicago Cubs is seen in the dugout before a game against the Milwaukee Brewers at Wrigley Field on August 16, 2016 in Chicago, Illinois.  (Photo by Jonathan Daniel/Getty Images)
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UPDATE, 5:08 PM EDT: Cubs’ manager Joe Maddon will not rule out a World Series appearance for Kyle Schwarber if the Cubs advance. MLB.com’s Carrie Muskat reports that Schwarber could play through a simulated game on Sunday, during which the Cubs’ medical and baseball staff would evaluate his chances for a late season return. If he does play, it will likely be in a pinch-hitting or DH role and not on the field.

Cubs’ outfielder Kyle Schwarber will return to the playing field on Saturday, per a report by the Chicago Tribune’s Mark Gonzales. The club’s prized left fielder suffered a season-ending injury when he collided with Dexter Fowler back in April, tearing both his ACL and LCL and undergoing intensive knee surgery later that month.

While no nerve damage was discovered during the surgery, the Cubs have kept a close eye on Schwarber during his recovery and put a kibosh on any part-time or full-time role with the team until the spring of 2017. Getting a few reps in during the Arizona Fall League appears to be the last step in the 23-year-old’s rehab process. He will be part of the Mesa Solar Sox’ ‘taxi squad,’ making him eligible for games on Wednesdays and Saturdays only.

Schwarber batted .246/.355/.487 with 16 in 69 games with the Cubs during his debut season in 2015. He will be added to the Mesa Solar Sox roster in advance of their set against the Salt River Rafters on Saturday evening.