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David Ortiz thinks the Yankees leaked his 2003 drug test results

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David Ortiz was one of the hundred or so ballplayers who tested positive for PEDs during the 2003 survey testing which was designed to determine whether or not baseball’s drug problem was significant enough to warrant full-blown testing the following year.  His and everyone else’s name was supposed to remain confidential — indeed, the test results were supposed to be destroyed — but the government illegally seized them and, eventually, his, Alex Rodriguez and Sammy Sosa’s names were leaked.

While most people have long moved on from those survey test results — and while Rob Manfred himself recently said that those results may not, in fact, establish that Ortiz took banned substances  — the story still sticks in Ortiz’s craw. So much so that he’s still out speculating about how his results were made public. His theory? The Yankees did it. From an interview on WEEI:

“What was the reason for them to come out with something like that?” he said. “The only thing that I can think of, to be honest with you, a lot of big guys from the Yankees were being caught. And no one from Boston. This was just something that leaked out of New York, and they had zero explanation about it.”

I’m gonna call B.S. on that.

At the time names were surfacing in connection with those test results, in the summer of 2009, I was given a list of players by an anonymous source. This person claimed it was a list of all 100+ players who tested positive in 2003. Given the nature in which they were provided to me and given that, at the time, there were a lot of people circulating hoax lists, I was dubious to say the least. I had a separate source at the time who knew people who had access to the actual list of players. The source would not tell me who was on the actual list — it was and continues to be confidential — but the knowledgable source did confirm for me that, as I suspected, my list was bunk. I obviously didn’t write anything about it and moved on.

Some added value from that conversation, however, was learning just how few people actually had access to the real list. A small handful of top officials at the union and the league office did, I was told, and obviously the government had it given that they seized it in their idiotic and illegal raid, but that was it. Clubs, I was specifically told, did not have the list.

We’ll never know for sure, but I strongly, strongly suspect that the source of the leak was either IRS/FDA agent Jeff Novitzky, who spearheaded the government’s investigation into PEDs or someone close to him, such as the prosecutors with whom he worked. Novitzky spent close to a decade outing and prosecuting athletes for PED use and, in my view and the view of many others who followed the story at the time, he saw his work as an almost holy crusade. As the above-linked story about the federal court smacking down his seizure of the 2003 test results as illegal, he was often overzealous.

The reporter who broke the story of David Ortiz’s positive test result was Michael S. Schmidt of the New York Times. Schmidt almost always had the first stories about players being outed as PED users during that period and his reporting on steroids in baseball in general almost always carried with it a pro-government slant. As I said, we’ll never know for sure, but it seems obvious to me that federal investigators and prosecutors were his sources. I suspect they were his sources for the name-naming articles as well. When Ortiz’s name leaked, Novitzky’s investigation was on the brink of being smacked down hard by a federal court and, I suspect, he leaked Ortiz’s name to the New York Times as a means of putting a face on the story and getting public sentiment on the side of those who would name names.

Like I said, though, that’s all ancient history at this point. At least to most people. It’s not to David Ortiz, which is understandable given that the whole incident affected him personally. But I think he’s wrong on the Yankees being the ones to out him. I don’t think anyone with the Yankees knew who was actually on the list. And even if they did, they had no incentive to get into some sort of P.R. war about PED users given that they already at least one prominent superstar getting killed for PED use and a lot of other ones who could possibly have been on the list as well.

But the feds had the list. And a desire to have the bad guys they were trying to prosecute shamed in the public arena. I’d bet a decent sum of money that they’re the ones who leaked your name, Big Papi. I’d aim your rhetorical guns at them if I were you.

 

Rockies acquire Zac Rosscup from Cubs

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The Rockies announced a minor swap of relief pitchers on Monday evening. The Cubs sent lefty Zac Rosscup to the Rockies in exchange for right-hander Matt Carasiti.

Rosscup, 29, was designated for assignment by the Cubs last Thursday. He spent only two-thirds of an inning in the majors this year and has a 5.32 career ERA across 47 1/3 innings. Rosscup has spent most of the season with Triple-A Iowa, posting a 2.60 ERA in 27 2/3 innings.

Carasiti, 25, spent 15 2/3 innings in the majors last year, putting up an ugly 9.19 ERA. With Triple-A Albuquerque this season, he compiled a 2.37 ERA and a 43/13 K/BB ratio in 30 1/3 innings.

U.S. Court of Appeals affirms ruling that the minor leagues are exempt from federal antitrust law

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The Associated Press reported that on Monday, the U.S. Court of Appeals for the 9th Circuit affirmed a district court ruling which holds that the minor leagues are exempt from federal antitrust law, just like the major leagues.

In 2015, four minor leaguers sued Major League Baseball, alleging that MLB violated antitrust laws with its hiring and employment policies. They accused MLB of “restrain[ing] horizontal competition between and among” franchises and “artificially and illegally depressing” the salaries of minor league players.

The U.S. Court of Appeals said the players failed to state an antitrust claim, as the Curt Flood Act of 1998 exempted Minor League Baseball explicitly from antitrust laws.

This case is separate from the Aaron Senne case in which Major League Baseball is accused of violating the Fair Labor Standards Act. That case was recertified as a class action lawsuit in March. In December, Major League Baseball established a political action committee (PAC), which came months after two members of Congress sought to change language in the FLSA so that minor league players could continue to be paid substandard wages.